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 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding chapter IIIB.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IIIB
Sec. 48. This chapter shall be known and may be cited as the
"parole swift and sure sanctions act".
Sec. 48a. As used in this chapter:
(a) "Chief supervising agent" means the highest ranking parole
administrator in each judicial circuit.
(b) "Graduated sanction" means any of a wide range of
nonprison 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 supervision officers,
community service or work crews, secure or unsecure residential
treatment facilities or halfway houses, and short-term or
intermittent incarceration.
(c) "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.
(d) "Supervised individual" means an individual who is placed
on parole subject to swift and sure supervision under this chapter.
(e) "Supervising agent" means the parole agent assigned to
directly supervise an individual on swift and sure supervision.
(f) "Swift and sure supervision" means being placed on parole
subject to conditions and sanctions as set forth in this chapter.
Sec. 48b. (1) By January 1, 2013, the department 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
parolees subject to swift and sure supervision. The department
shall also coordinate its efforts with the state court
administrative office to ensure that sanctions imposed on
individuals while on swift and sure supervision under the
jurisdiction of either the department or the court 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 department shall determine which offenders shall be
placed in the community on swift and sure supervision under this
chapter.
Sec. 48c. (1) The system of swift and sure supervision
described in section 48b 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 department 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. 48d. 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 parole 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) Parole revocation proceedings under section 40a 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. 48e. 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 parole revocation
under section 40a, whichever is determined by the department to be
appropriate.
Sec. 48f. (1) The department 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 state or local correctional or
detention facility or residential center for a period specified in
the list of presumptive sanctions or as otherwise provided under
section 48c(2).
(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 department under section 48b. The failure of the supervised
individual to comply with a sanction constitutes a violation of
parole. Sanctions specified shall become immediately effective.
(4) If a graduated sanction involves confinement in a
correctional 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 parole 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 department 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
department.
(c) Note the date of delivery of the copy in the supervised
individual's file.
Sec. 48g. 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 Senate Bill No. 1141
of the 96th Legislature is enacted into law.