REENTRY SERVICES IN CORRECTIONAL FACILITIES

BY AUTHORIZED NONPROFIT ORGANIZATIONS

Senate Bill 9 (reported from committee as H-1)

Sponsor:  Sen. John Proos

House Committee:  Michigan Competitiveness

Senate Committee:  Michigan Competitiveness

Complete to 3-7-17

SUMMARY:

Senate Bill 9 would amend the Corrections Code to allow for representatives of nonprofit organizations to apply to be registered with the Department of Corrections (DOC) to provide inmate reentry services. DOC would be required to post a phone number and application for registration on its website for use by organizations to apply for and provide reentry services.   (Proposed MCL 791.269b)

The bill would take effect 90 days after enactment. It is part of a larger legislative initiative regarding corrections; other bills in the package are Senate Bills 5-8, 10-24 and 50.

Specifically, Senate Bill 9 would require the DOC to develop and adopt policies and procedures for screening, approving, and registering organizations and representatives from those organizations whose purpose is to provide inmate reentry services. Such services would include, but not be limited to, counseling, providing information on housing and job placement, and money management assistance. Registering organizations would include nonprofit faith-based, business and professional, civic, and community organizations.

The DOC would be able to deny approval and registration to an organization, or a representative from an organization that the DOC determines does not meet screening guidelines.  Also, the DOC, and each of the correctional facilities in the state, would have the right to deny entry into a correctional facility, at any time, to a representative of a listed organization, regardless of whether the representative previously applied to and was registered with the DOC to provide reentry services.

The department would be prohibited from endorsing or sponsoring any faith-based reentry program or specific religious message, and from requiring an inmate to participate in a faith-based program.

FISCAL IMPACT:

The bill would have no fiscal impact on the state or on local units of government.  The department has policies and procedures in place for entrance into facilities, and also has criteria in place for the delivery of reentry services.

DISCUSSION:

As passed by the Senate, SB 9 said that, subject to the policies and procedures adopted under subsection (2) for screening and approving applicants, the DOC "shall allow" representatives from all nonprofit faith-based, business and professional, civic, and community organizations that apply to be registered with the department under this section to enter correctional facilities in this state for the purpose of providing inmate reentry services.  The substitute adopted by the House committee on Michigan Competitiveness removed this provision as requested by the department, and instead only allows the organizations to apply to be registered to provide reentry services

It has been suggested that in setting its own screening criteria for applicants (which are not required to be posted online), the DOC has excessive discretion to potentially disapprove applicants based on no objective standard.

 

                                                                                        Legislative Analyst:   Patrick Morris

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.