SB-0006, As Passed Senate, February 2, 2017
January 18, 2017, Introduced by Senators SCHUITMAKER, O'BRIEN, PROOS, JONES, COLBECK, KNOLLENBERG, HORN, BOOHER, BRANDENBURG, HANSEN, KOWALL, JOHNSON, GREGORY and WARREN and referred to the Committee on Michigan Competitiveness.
A bill to amend 1988 PA 511, entitled
"Community corrections act,"
by amending sections 2 and 4 (MCL 791.402 and 791.404), as amended
by 2014 PA 466.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "City advisory board" means a community corrections
advisory board created by a city under sections 6 and 7.
(b) "City-county advisory board" means a community corrections
advisory board created by a county and the largest city by
population within that county under sections 6 and 7.
(c) "Community corrections program" means a program that is
operated by or contracted for by a city, county, or group of
counties, or is operated by a nonprofit service agency, and that
offers programs, services, or both, instead of incarceration in
which that are locally operated and span provide a
continuum of programming options from pretrial through post-
(d) "County advisory board" means a community corrections
advisory board created by a county under sections 6 and 7.
(e) "Department" means the department of corrections.
(f) "Evidence-based practices" means a progressive,
organizational use of direct, current scientific evidence to guide
and inform efficient and effective correctional services.
(g) "Key performance indicator" means a measure that captures
the performance of a critical variable to expand and improve
community-based corrections programs to promote offender success,
ensure accountability, enhance public safety, and reduce
(h) "Moderate to high risk" means that the individual assessed
has scored in the moderate to high range of risk using an
actuarial, objective, validated risk and need assessment
(i) "Nonprofit service agency" means a nonprofit organization
that provides treatment, guidance, training, or other
rehabilitative services to individuals, families, or groups in such
areas as health, education, vocational training, special education,
social services, psychological counseling, alcohol and drug
treatment, community service work, victim restitution, and
(j) "Office" means the office of community corrections created
in section 3.
(k) "Plan" means a comprehensive corrections plan submitted by
a county, city, or regional advisory board under section 8.
(l) "Recidivism" means the rearrest, reconviction, or
reincarceration in prison or jail for a felony or misdemeanor
offense or a probation or parole violation, or any combination of
those events, 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
( l ) "Regional
advisory board" means a community
corrections advisory board created by a group of 2 or more counties
under sections 6 and 7.
"State board" means the
state community corrections
advisory board created in section 3.
(o) "Technical parole violation" means a violation of the
terms of a parolee's parole order that is not in and of itself a
violation of a law of this state, a political subdivision of this
state, another state, or the United States or of tribal law.
(p) "Technical probation violation" means a violation of the
terms of a probationer's probation order that is not in and of
itself a violation of a law of this state, a political subdivision
of this state, another state, or the United States or of tribal
Sec. 4. (1) The state board shall do all of the following:
(a) Adopt a variety of key performance indicators that promote
offender success, ensure the effective monitoring of offenders, and
evaluate community corrections programs. Performance indicators
must be relevant to this act and must be reviewed on an annual
basis. At least 1 of the key performance measures must be
recidivism. There may be multiple recidivism measures to account
for accessibility to state and national databases, local ability to
collect data, and the resources needed to collect this data.
(b) Adopt minimum program standards, policies, and rules for
community corrections programs. The program standards must include
evidence-based practices. Program eligibility must include moderate
to high risk offenders regardless of crime class or adjudication
(c) Adopt an application process and procedures for funding
community corrections programs, including the format for
comprehensive corrections plans.
(d) Review, at least once every 3 years, the actuarial,
objective, validated risk and need assessment instruments to ensure
that they continue to meet the needs and requirements of community
(e) Recommend funding for community corrections to the
director of the department based on program performance,
utilization, targeting of appropriate offenders, and adherence to
(f) Research, review, and make recommendations regarding the
use of performance-based contracts within community corrections.
(2) 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
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.