SB-0016, As Passed Senate, February 2, 2017



















January 18, 2017, Introduced by Senators PROOS, O'BRIEN, COLBECK, KNOLLENBERG, JONES, BOOHER, HORN, BRANDENBURG, SCHUITMAKER, HANSEN, KOWALL, GREGORY, JOHNSON and WARREN and referred to the Committee on Michigan Competitiveness.



     A bill to amend 1953 PA 232, entitled


"Corrections code of 1953,"


(MCL 791.201 to 791.285) by adding chapter IIIB.






     Sec. 58. This chapter shall be known and may be cited as the


"parole sanction certainty act".


     Sec. 58a. As used in this chapter:


     (a) "Confinement sanction" means a violation sanction


resulting in confinement in a departmental facility or local county


jail for not more than 30 days.


     (b) "Controlled substance" means that term as defined under


section 7104 of the public health code, 1978 PA 368, MCL 333.7104.


     (c) "Evidenced-based practices" means a progressive,


organizational use of direct and current scientific evidence to

guide and inform efficient and effective correctional services that


have been shown to reduce recidivism.


     (d) "Nonconfinement sanction" means a violation sanction that


does not result in imprisonment in the custody of the department or


the county jail, including, but not limited to, any of the




     (i) Extension of the period of supervision with the time


period provided by law.


     (ii) Additional reporting and compliance requirements.


     (iii) Testing for the use of controlled substances or alcohol.


     (iv) Counseling or treatment for behavioral health problems,


including substance abuse.


     (e) "Parole sanction certainty program" means the program


created under this chapter that utilizes a set of established


sanctions to supervise eligible offenders that have been placed on




     (f) "Parole sanction certainty supervision" means being placed


on parole subject to conditions and sanctions as set forth in the


parole sanction certainty program created under this chapter.


     (g) "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,


counseling, reporting requirements to supervision officers,


community service or work crews, secure and unsecure residential

treatment facilities or halfway houses, and short-term or


intermittent incarceration.


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


on parole subject to parole sanction certainty supervision under


this chapter.


     (i) "Supervising agent" means the parole agent assigned to


directly supervise an individual on parole sanction certainty




     (j) "Validated risk and needs assessment" means a tool or


tools adopted by the department that have been validated as to the


effectiveness of the tool in determining a supervised individual's


likely risk of reoffense, violent reoffense, or both, as well as


the offender's criminogenic needs.


     Sec. 58b. (1) By January 1, 2018, the department shall adopt a


system of sanctions for violations of conditions of parole for


offenders supervised under the parole sanction certainty program.


The sanctions adopted under this section must utilize evidence-


based practices that have been demonstrated to reduce recidivism


and increase compliance with the conditions of parole based on the


identified risk and needs of the supervised individual as


determined by a validated risk and needs assessment. To the extent


possible, the system of sanctions must be uniform throughout the


state for all parolees subject to parole sanction certainty




     (2) Subject to subsection (3), the department shall determine


which offenders shall be placed in the community on parole under


the parole sanction certainty program under this chapter.

     (3) The department shall implement the parole sanction


certainty program created in this chapter in the 5 counties in this


state in which the greatest number of individuals convicted of


criminal violations are sentenced to incarceration under the


jurisdiction of the department, as determined by the department's


annual statistical report.


     (4) The department shall consult with and seek recommendations


from local law enforcement agencies in the counties where the


parole sanction certainty program is implemented, including the


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


and community corrections programs in developing a plan for


implementing the parole sanction certainty program in the county.


     Sec. 58c. (1) Subject to subsection (3), the parole sanction


certainty program described in section 58b must 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 participate in a required program or service, failing to


complete community service, or failing to refrain from the use of


alcohol or a controlled substance. The system of sanctions must


take into account factors such as the severity of the violation,


the impact of the violation on the safety or well-being of the


crime victim, if applicable, the supervised individual's previous


criminal record, the number and severity of any previous


supervision violations, the supervised individual's assessed risk


level, the supervised individual's needs as established by a


validated risk and needs assessment, and the extent to which


sanctions were imposed for previous violations. The system must

also define positive reinforcements that supervised individuals


will receive for complying with their conditions of supervision.


     (2) Subject to subsection (3), the department shall establish


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


sanctions that deviate from those that are otherwise prescribed


under subsection (1).


     (3) A supervised individual who violates the terms of his or


her parole sanction certainty supervision under this chapter, but


whose parole is not going to be revoked under section 40a as a


result of the violation, may be subject to a confinement sanction


and be confined in a correctional or detention facility for not


more than 30 days. After a supervised individual completes his or


her confinement under this subsection, he or she may be returned to


parole sanction certainty supervision under the same terms of


supervision under which he or she was previously supervised, or


under new parole sanction certainty supervision terms at the


discretion of the department.


     (4) Nothing in this chapter prevents the arrest of a parolee


under section 39 or the revocation of parole under section 40a.


     Sec. 58d. A supervised individual is subject to 1 of the


following for violating any condition of his or her parole sanction


certainty supervision:


     (a) A nonconfinement sanction.


     (b) A confinement sanction.


     (c) Parole revocation proceedings under section 40a and


possible incarceration for failure to comply with a condition of


supervision if 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. 58e. Before being placed on parole sanction certainty


supervision subject to sanctions, the supervised individual must be


informed in person of the conditions of that parole sanction


certainty supervision. The supervised individual shall also sign a


written agreement to abide by those conditions or to be immediately


subject to sanctions or to parole revocation under section 40a,


whichever is determined by the department to be appropriate.


     Sec. 58f. (1) The department may do either of the following if


an individual violates a condition of parole sanction certainty




     (a) Modify the conditions of parole sanction certainty


supervision for the limited purpose of imposing 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 under section 58c(1) or as


otherwise provided under section 58c(2) and (3). If an individual


is to be placed in a local correctional or detention facility, he


or she must only be placed in a facility that agrees to take the


individual and with which the department has an existing


reimbursement agreement.


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


parole sanction certainty supervision by imposing a sanction shall


issue to the supervised individual a notice of this intended


sanction. The notice must inform the supervised individual of each


violation alleged, the date of each violation, and the sanction to

be imposed.


     (3) The imposition of a sanction by a supervising agent shall


comport with the system of sanctions adopted by the department


under sections 58b and 58c. The failure of the supervised


individual to comply with a sanction constitutes a violation of


parole. Sanctions specified and imposed by an agent are immediately




     (4) A sanction that involves confinement in a correctional or


detention facility is subject to section 58c(3). 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 sanction must not be imposed for any violation of parole


that may warrant an additional, separate felony charge. However, a


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 sanction, the department shall not revoke the assigned term


of parole sanction certainty supervision or impose additional


sanctions for the same violation.


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


sanction certainty supervision by imposing a 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



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


individual's file.


     Sec. 58g. (1) The department shall appoint an individual from


within the department to review confinement sanctions recommended


by supervising agents in the 5 counties where the parole sanction


certainty program is implemented on a biannual basis to assess any


disparities that may exist among the agents' use of confinement


sanctions, 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.


     (2) The individual appointed under subsection (1) shall report


all of the following on a biannual basis to the house and senate


committees concerned with corrections issues:


     (a) The number of supervised individuals completing parole


supervision and being discharged from parole.


     (b) The number of and type of parole violations, including


violations that do or do not result in parole revocation.


     (c) The number of parole revocations.


     (d) The number of parole violations specifically related to a


supervised individual's testing positive for controlled substances,


without a physician's prescription, or alcohol in violation of a


parole order, as applicable.


     (e) The number of parole violations specifically related to a


supervised individual's failure to appear at a scheduled meeting


with his or her supervising agent.


     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.