SB-0008, As Passed Senate, March 9, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 8

A bill to provide for the use of evidence-based supervision

practices for probation and parole supervision; to prescribe the

powers and duties of certain state departments and local agencies;

to require the adoption of certain rules; to regulate the use of

funds by certain state departments and local agencies; and to

require certain reports.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Agency" means both of the following:

(i) The department of corrections.

(ii) Any regional, local, or county governmental agency that

receives state funding and that is responsible for supervising

individuals who are placed on probation or who are serving a period

of parole or postrelease supervision from a prison or jail.

Agency does not include a district court probation department

established under section 8314 of the revised judicature act of

1961, 1961 PA 236, MCL 600.8314.

(b) "Case plan" means an individualized accountability and

behavior change strategy for supervised individuals that does all

of the following:

(i) Targets and prioritizes the specific criminal risk factors

of the offender.

(ii) Matches programs to the offender's individual

characteristics, such as gender, culture, motivational stage,

developmental stage, or learning style.

(iii) Establishes a timetable for achieving specific

behavioral goals, including a schedule for payment of victim

restitution, child support, and other financial obligations. A

timetable established under this subparagraph for payment of victim

restitution, child support, and other financial obligations is

subject to an ability to pay determination.

(iv) Specifies positive and negative actions that will be

taken in response to the supervised individual's behaviors.

individual under supervision after release from prison or jail,

with conditions imposed by the releasing authority for a specified

period of time.

(d) "Criminal risk factors" means characteristics and

behaviors that when addressed or changed affect an individual's

risk for committing crimes including antisocial attitudes, values,

and beliefs, poor impulse control, criminal personality, substance

abuse, criminal peers, dysfunctional family, or a lack of

employment or education.

(e) "Evidence-based practices" means supervision policies,

procedures, programs, and practices that scientific research

demonstrates reduce recidivism among individuals on probation,

parole, or postrelease supervision.

(f) "Program" means an intervention, other than medical

services, to which both of the following apply:

(i) It is intended to reduce recidivism by supervised

individuals.

(ii) It is funded in whole or in part by this state or is

administered by an agency of this state.

(g) "Recidivism" means the rearrest, reconviction, or

reincarceration in prison or jail for a felony or misdemeanor

offense or a probation or parole violation, of an individual as

measured first after 3 years and again after 5 years from the date

of his or her release from incarceration, placement on probation,

or conviction, whichever is later.

(h) "Supervised individual" means an individual placed on

probation or serving a period of parole.

(i) "Supervising agent" means an individual appointed or

employed by the agency to supervise individuals placed on community

supervision.

(j) "Technical parole violation" means a violation of the

terms of a parolee's parole order that is not a violation of a law

of this state, a political subdivision of this state, another

state, or the United States or of tribal law.

(k) "Technical probation violation" means a violation of the

terms of a probationer's probation order that is not a violation of

a law of this state, a political subdivision of this state, another

state, or the United States or of tribal law.

Sec. 2. (1) The agency shall adopt policies, rules, and

regulations that within 4 years after the effective date of this

act result in all supervised individuals being supervised in

accordance with evidence-based practices, or practices developed

based upon evidence-based practices, in order to improve the

success rates of and to reduce recidivism rates for supervised

individuals. The agency shall consult with and seek recommendations

from local law enforcement agencies, including sheriff's

departments, circuit courts, county prosecutor's offices, and

community corrections programs, in adopting policies, rules, and

regulations for evidence-based supervision practices.

(2) The policies, rules, and regulations adopted under

subsection (1) must include all of the following:

(a) The adoption, validation, and utilization of an objective

risk and needs assessment tool.

(b) The use of assessment scores and other objective criteria

to determine the risk level and program needs of each supervised

individual, prioritizing supervision and program resources for

offenders who are at higher risk to reoffend.

during the period of supervision.

(d) The development of a case plan, based on the assessment

score, for each individual who is assessed to be moderate to high

risk. The case plan developed under this subdivision must allow a

supervised individual options for programming and is subject to

conditions of supervision, if any, imposed by a court having

jurisdiction over the supervised individual.

(e) The development of a case plan, based on the assessment

score, for each individual who is assessed to be low risk. The case

plan developed under this subdivision must allow a supervised

individual options for programming and is subject to conditions of

supervision, if any, imposed by a court having jurisdiction over

the supervised individual.

(f) The identification of swift, certain, proportionate, and

graduated responses that a supervising agent will apply in response

to a supervised individual's compliant and noncompliant behaviors.

(g) The adoption of caseload guidelines that are based on

offender risk levels and take into account agency resources and

employee and supervising agent workload.

(h) The establishment of protocols and standards that assess

the degree to which agency policies, procedures, programs, and

practices relating to offender recidivism reduction are evidence-

based.

(3) Not more than 4 years after the effective date of this

act, all state funds expended on programs must be for programs that

are in accordance with evidence-based practices or are developed

based upon evidence-based practices.

(4) Not more than 4 years after the effective date of this

act, the agency shall eliminate supervision policies, procedures,

programs, and practices intended to reduce recidivism that

scientific research demonstrates do not reduce recidivism.

(5) Any data collected and maintained under this act regarding

recidivism rates must be collected and maintained in a manner that

separates the data regarding technical probation violations and

technical parole violations from data on new felony and misdemeanor

convictions.

Sec. 3. The agency shall adopt policies, rules, and

regulations that improve crime victim satisfaction with the

criminal justice system, including all of the following:

(a) The payment by supervised individuals of victim

restitution and child support.

(b) The opportunity for victims to complete victim impact

statements or provide input into presentence investigation reports.

services, and referrals to access those rights and services.

(d) Offering victims the opportunity to complete a "victim

satisfaction survey" with data used to measure agency performance.

The department of the attorney general shall develop a victim

satisfaction survey for use by the agency under this subdivision.

(e) Facilitating victim-offender dialogue if the victim is

willing.

Sec. 4. (1) The agency shall provide its employees and

supervising agents with intensive initial and ongoing training and

professional development services to support the implementation of

evidence-based practices.

(2) The training and professional development services

provided under subsection (1) must include assessment techniques,

case planning, risk reduction and intervention strategies,

effective communication skills, substance abuse intervention

information, and other topics identified by the agency or its

employees and supervising agents.

Sec. 5. The department of corrections may form partnerships or

enter into contracts with institutions of higher education or other

qualified organizations for assistance with data collection,

analysis, and research.

Sec. 6. (1) Beginning in 2018, by March 1 of each year the

agency shall submit to the governor, the secretary of the senate,

the clerk of the house of representatives, and the supreme court

administrative office a comprehensive report on its efforts to

implement this act. The report must include all of the following:

(a) The percentage and number of supervised individuals being

supervised in accordance with evidence-based practices.

(b) The amount of state funds expended for programs that are

evidence-based.

programs that are evidence-based.

(d) An identification of all supervision policies, procedures,

programs, and practices that were eliminated.

(e) The results of victim satisfaction surveys administered

under section 3.

(f) The agency's recommendations for resource allocation, and

any additional collaboration with other state, regional, or local

public agencies, private entities, or faith-based or community

organizations.