SB-0016, As Passed House, March 8, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 16

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. 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 60 days.

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

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

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) "Graduated sanction" means any of a wide range of offender

accountability measures and programs, including, but not limited

to, electronic supervision tools, drug and alcohol testing and

monitoring, day or evening reporting centers, community service or

work crew, rehabilitative interventions such as substance abuse or

mental health treatment, reporting requirements, residential

treatment, counseling, confinement, and incarceration.

(e) "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

following:

(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.

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

created under this chapter that utilizes a set of established

graduated sanctions to supervise eligible offenders that have been

placed on parole sanction certainty supervision.

(g) "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.

(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

supervision.

(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) The parole sanction certainty program is

established within the department. By January 1, 2018, the

department shall adopt a system of graduated sanctions for

violations of conditions of parole for offenders supervised under

the parole sanction certainty program. The graduated 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 graduated sanctions must be uniform throughout the state

for all parolees subject to parole sanction certainty supervision.

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

consultation with the parole board, determine which offenders shall

be placed in the community on parole under the parole sanction

certainty program.

(3) The department shall implement the parole sanction

certainty program created in subsection (1) in at least 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. The department may

implement the parole sanction certainty program in additional

counties in this state.

(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 graduated 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, failing to refrain from the

use of alcohol or a controlled substance, failing to pay fines,

fees, or victim restitution, violating a protective or no-contact

order, refusing to complete a drug test, possessing a firearm, or

being involved in felony-related activity. The system of graduated

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 graduated 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,

graduated 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, but whose parole will

not 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 60 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.

possible incarceration for failure to comply with a condition of

supervision.

Sec. 58e. During the initial orientation with his or her

supervising agent, a supervised individual must be informed in

person of the conditions of his or her parole sanction certainty

supervision. The supervised individual shall also sign a written

agreement to abide by those conditions or to be immediately subject

to graduated 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

supervision:

(a) Modify the conditions of parole sanction certainty

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 graduated 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 graduated

sanction shall issue to the supervised individual a notice of the

intended graduated sanction. The notice must 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 sanction must comport with the system

of graduated sanctions adopted by the department under sections 58b

and 58c. The failure of the supervised individual to comply with a

graduated sanction constitutes a violation of parole. Graduated

sanctions specified and imposed are immediately effective.

(4) A graduated sanction that involves confinement in a

correctional or detention facility is subject to section 58c(3). If

the supervised individual is employed, the department shall, to the

extent feasible, impose the confinement sanction for weekend days

or other days or times when the supervised individual is not

working.

(5) If an individual successfully completes conditions imposed

under a graduated sanction, the department shall not revoke the

assigned term of parole sanction certainty supervision or impose

additional graduated sanctions for the same violation.

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

sanction certainty 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.

individual's file.

Sec. 58g. (1) The department shall review the use of

confinement sanctions by supervising agents in the counties where

the parole sanction certainty program is implemented on a biannual

basis to assess any disparities that may exist among the

supervising agents' use of confinement sanctions and evaluate the

effectiveness of the sanction as measured by the supervised

individuals' subsequent conduct.

(2) The department 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 whom the department,

in consultation with the parole board, has referred for supervision

under the parole sanction certainty program.

(b) The number of supervised individuals currently being

supervised under the parole sanction certainty program.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.