SENATE BILL No. 1141

 

 

May 23, 2012, Introduced by Senators PROOS, GREEN, MARLEAU, ROBERTSON, EMMONS, PAPPAGEORGE, HANSEN, BRANDENBURG and HILDENBRAND and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding chapter XIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIA

 

     Sec. 1. This chapter shall be known and may be cited as the

 

"probation swift and sure sanctions act".

 

     Sec. 2. As used in this chapter:

 

     (a) "Chief supervising agent" means the highest ranking

 

probation administrator in each judicial circuit.

 

     (b) "Felony" means a crime specifically designated to be a

 

felony or that is punishable by imprisonment for more than 1 year.

 

     (c) "Graduated sanction" means any of a wide range of nonjail

 

offender accountability measures and programs, including, but not

 


limited to, electronic supervision tools, drug and alcohol testing

 

or monitoring, day or evening reporting centers, restitution

 

centers, forfeiture of earned compliance credits, rehabilitative

 

interventions such as substance abuse or mental health treatment,

 

reporting requirements to supervising agents, community service or

 

work crews, secure or unsecure residential treatment facilities or

 

halfway houses, and short-term or intermittent incarceration.

 

     (d) "Positive reinforcement" means any of a wide range of

 

rewards and incentives, including, but not limited to, awarding

 

certificates of achievement, reducing reporting requirements,

 

deferring a monthly supervision fee payment, awarding earned

 

compliance credits, removing supervision conditions such as home

 

detention or curfew, or asking the offender to be a mentor to

 

others.

 

     (e) "Supervised individual" means an individual who is placed

 

on probation by the court subject to swift and sure supervision

 

under this chapter.

 

     (f) "Supervising agent" means the probation agent assigned to

 

directly supervise an individual on swift and sure supervision.

 

     (g) "Swift and sure supervision" means being placed on

 

probation by the court for the commission of a felony subject to

 

conditions and sanctions as set forth in this chapter.

 

     Sec. 3. (1) By January 1, 2013, the state court administrative

 

office shall adopt a system of graduated sanctions for violations

 

of conditions of swift and sure supervision. To the extent

 

possible, the system of graduated sanctions shall be uniform

 

throughout the state for all probationers subject to swift and sure

 


supervision. The state court administrative office shall also

 

coordinate its efforts with the department of corrections to ensure

 

that sanctions imposed on individuals while on swift and sure

 

supervision under the jurisdiction of either the court or the

 

department are, to the extent possible, uniform based upon the

 

offense and offender characteristics of the individual who is

 

placed on swift and sure supervision and the nature of any

 

violation committed by that individual while he or she is on swift

 

and sure supervision.

 

     (2) The state court administrative office shall consult with

 

the state community corrections board when establishing initial

 

programming and eligibility requirements under this chapter.

 

     Sec. 4. (1) The system of swift and sure supervision shall set

 

forth a list of presumptive sanctions for the most common types of

 

supervision violations, including, but not limited to, failing to

 

report, failing to pay fines, fees, or victim restitution, failing

 

to participate in a required program or service, failing to

 

complete community service, violating a protective or no-contact

 

order, or failing to refrain from the use of alcohol or a

 

controlled substance. The system of sanctions shall take into

 

account factors such as the severity of the violation, the

 

supervised individual's previous criminal record, the number and

 

severity of any previous supervision violations, the supervised

 

individual's assessed risk level, and the extent to which graduated

 

sanctions were imposed for previous violations. The system also

 

shall define positive reinforcements that supervised individuals

 

will receive for complying with their conditions of supervision.

 


     (2) The state court administrative office shall establish a

 

process to review and to approve or reject, before imposition,

 

graduated sanctions that deviate from those that are otherwise

 

prescribed under subsection (1).

 

     Sec. 5. A supervised individual shall be subject to 1 of the

 

following for violating any condition of his or her swift and sure

 

supervision:

 

     (a) Sanctions other than probation revocation and

 

incarceration as appropriate to the severity of the violation

 

behavior, the risk of future criminal behavior by the offender, and

 

the need for, and availability of, interventions that may assist

 

the offender to remain compliant with his or her conditions of

 

release and to be crime-free in the community.

 

     (b) Probation revocation proceedings and possible

 

incarceration for failure to comply with the condition of

 

supervision when that failure constitutes a significant risk to

 

prior victims of the supervised individual or the community at

 

large and the risk cannot be appropriately managed in the

 

community.

 

     Sec. 6. (1) The judge of the court having jurisdiction of the

 

case shall determine the conditions of swift and sure supervision

 

and may impose as a condition of swift and sure supervision that

 

the person or agency supervising the individual may, in accordance

 

with section 7 of this chapter, impose graduated sanctions adopted

 

by the court for violations of the conditions of swift and sure

 

supervision.

 

     (2) Before being placed on swift and sure supervision subject

 


to graduated sanctions, the supervised individual shall be informed

 

in person of the conditions of that swift and sure supervision. The

 

supervised individual shall also sign a written agreement to abide

 

by those conditions or to be immediately subject to graduated

 

sanctions without a hearing or to probation revocation, whichever

 

is determined by the court to be appropriate.

 

     Sec. 7. (1) The court may do either of the following if an

 

individual violates any condition of swift and sure supervision:

 

     (a) Modify the conditions of swift and sure supervision for

 

the limited purpose of imposing graduated sanctions.

 

     (b) Place the individual in a jail or detention facility or

 

residential center for a period specified in the list of

 

presumptive sanctions or as otherwise provided under section 4(2)

 

of this chapter.

 

     (2) A supervising agent intending to modify the conditions of

 

swift and sure supervision by imposing a graduated sanction shall

 

issue to the supervised individual a notice of this intended

 

sanction. The notice shall inform the supervised individual of each

 

violation alleged, the date of each violation, and the graduated

 

sanction to be imposed.

 

     (3) The imposition of a graduated sanction by a supervising

 

agent shall comport with the system of graduated sanctions adopted

 

by the supervising authority under section 3 of this chapter. The

 

failure of the supervised individual to comply with a sanction

 

constitutes a violation of probation. Sanctions specified shall

 

become immediately effective.

 

     (4) If a graduated sanction involves confinement in a jail or

 


detention facility, confinement is subject to approval by the chief

 

supervising agent, but the supervised individual may be taken into

 

custody for a period not to exceed 4 hours while the approval is

 

sought. If the supervised individual is employed, the supervising

 

agent shall, to the extent feasible, impose the sanction for

 

weekend days or other days or times when the supervised individual

 

is not working.

 

     (5) A graduated sanction shall not be imposed for any

 

violation of probation that could warrant an additional, separate

 

felony charge. However, a graduated sanction may be imposed if the

 

violation is only based upon the individual's testing positive for

 

a controlled substance.

 

     (6) If an individual successfully completes conditions imposed

 

under a graduated sanction, the court shall not revoke the assigned

 

term of swift and sure supervision or impose additional sanctions

 

for the same violation.

 

     (7) If a supervising agent modifies the conditions of swift

 

and sure supervision by imposing a graduated sanction, the

 

supervising agent shall do all of the following:

 

     (a) Deliver a copy of the modified conditions to the

 

supervised individual.

 

     (b) File a copy of the modified conditions with the court.

 

     (c) Note the date of delivery of the copy in the supervised

 

individual's file.

 

     Sec. 8. The chief supervising agent shall review confinement

 

sanctions recommended by supervising agents on a quarterly basis to

 

assess any disparities that may exist among agents, evaluate the

 


effectiveness of the sanction as measured by the supervised

 

individuals' subsequent conduct, and monitor the impact on the

 

agency's number and type of revocations for violations of the

 

conditions of supervision.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

05717'12 a).

 

     (b) Senate Bill No. 1140.