BillCam

SB-0023, As Passed Senate, February 2, 2017

SENATE BILL No. 23

January 18, 2017, Introduced by Senator PROOS and referred to the Committee on Michigan Competitiveness.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3,

771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding

a heading for chapter XIA.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIA

PROBATION SWIFT AND SURE SANCTIONS ACT

Sec. 3. It is the intent of the legislature to create a

voluntary state program to fund swift and sure probation

supervision at the local level based upon on the immediate

detection of probation violations and the prompt the imposition of

sanctions and remedies to address those violations. In furtherance

of this intent, the state swift and sure sanctions program is

created with the following objectives:must be implemented and

maintained as provided in this chapter as follows:

(a) Probationers are to be sentenced with prescribed terms of

probation meeting the objectives of this chapter. Probationers are

to be aware of their probation terms as well as the consequences

for violating the terms of their probation.

(b) Probationers are to be closely monitored and every

detected violation is to be promptly addressed by the court.

been detected and are to be promptly taken before a judge for a

hearing on the violation.

(d) Continued violations are to be addressed by increasing

sanctions and remedies as necessary to achieve results.

(e) To the extent possible and considering local resources,

probationers subject to swift and sure probation under this chapter

shall be treated uniformly throughout the this state.

Sec. 4. (1) Beginning January 1, 2013, the The swift and sure

probation supervision fund is created within the state treasury.

The state treasurer may receive money or other assets from any

source for deposit into the fund. The state treasurer shall direct

the investment of the fund. The state treasurer shall credit to the

fund interest and earnings from fund investments. Money in the fund

at the close of the fiscal year shall remain in the fund and shall

not lapse to the general fund.

(2) The state treasurer shall allocate sufficient funds to

allow the state court administrative office shall, to, under the

supervision of the supreme court, expend funds from the swift and

sure probation supervision fund to administer this chapter and to

provide grants under this chapter to fund programs of swift and

sure probation supervision in the circuit court that meet the

objectives set forth in section 3 of this chapter and the

requirements of section 5 of this chapter.

(3) (2) A court may apply for a grant to fund a program of

swift and sure probation supervision under this chapter by filing a

written application with the state court administrative office in

the manner required by that office. The funding of all grants under

this chapter is subject to appropriation.

(4) A court that has received a grant under this chapter to

fund programs of swift and sure probation supervision may accept

participants from any other jurisdiction in this state based upon

either the residence of the participant in the receiving

jurisdiction or the unavailability of a swift and sure probation

supervision program in the jurisdiction where the participant is

charged. The transfer may occur at any time during the proceedings,

including, but not limited to, prior to adjudication. The receiving

court shall have jurisdiction to impose sentence, including, but

not limited to, sanctions, incentives, incarceration, and phase

changes. A transfer under this subsection is not valid unless it is

agreed to by all of the following individuals:

(a) The defendant or respondent in writing.

(b) The attorney representing the defendant or respondent.

the case.

(d) The judge of the receiving court and the prosecutor of the

receiving court funding unit.

Sec. 5. (1) A program of swift and sure probation supervision

funded under section 4 judge shall do all of the following if swift

and sure probation applies to a probationer:

(a) Require the court to inform Inform the probationer in

person of the requirements of his or her probation and the

sanctions and remedies that may apply to probation violations.

(b) Adhere to and not depart from the prescribed list of

sanctions and remedies imposed on the probationer.

with a probation agent or probation officer and as otherwise

required by the court.

(d) (c) Provide for an appearance before the judge or another

judge for any probation violation as soon as possible but within 72

hours after the violation is reported to the court unless a

departure from the 72-hour requirement is authorized for good cause

as determined by criteria established by the state court

administrative office.

(e) (d) Provide for the immediate imposition of sanctions and

remedies approved by the state court administrative office to

effectively address probation violations. The sanctions and

remedies approved under this subdivision may include, but need not

be limited to, 1 or more of the following:

(i) Temporary incarceration in a jail or other facility

authorized by law to hold probation violators.

(ii) Extension of the period of supervision within the period

provided by law.

(iii) Additional reporting and compliance requirements.

(iv) Testing for the use of drugs and alcohol.

(v) Counseling and treatment for emotional or other mental

health problems, including for substance abuse.

(vi) Probation revocation.

(2) The state court administrative office may, under the

supervision of the supreme court, do any of the following regarding

programs funded under this chapter:

(a) Establish general eligibility requirements for offender

participation.

(b) Require courts and offenders to enter into written

participation agreements.

for use by participating courts.

(d) Establish criteria for deviating from recommended and

mandatory sanctions and remedies when if necessary to address

special circumstances.

(e) Establish a system for determining sanctions and remedies

that should or may be imposed under subdivision (c) and for

alternative sanctions and remedies under subdivision (d).

(3) An individual who is eligible to participate in the swift

and sure probation supervision program may request that he or she

not be sentenced to probation in that program. The court may place

an individual described in this subsection on probation under

chapter XI.

Sec. 6. (1) The state court administrative office may, under

the supervision of the supreme court, consult with the department

of corrections when establishing initial programming and

eligibility requirements under this chapter.

(2) An individual is eligible for the swift and sure probation

supervision program if either of the following applies:

(a) He or she receives a risk score of high on a validated

risk assessment.

(b) He or she receives a risk score other than high or low on

the validated risk assessment and the judge, prosecutor, and

defendant agree to the defendant's placement in the program.

(3) A defendant who is charged with a crime under 1 or more of

the following is not eligible under this chapter:

(a) Sections 316, 317, 520b, 520d, 529, or 544 of the Michigan

penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520d,

750.529, and 750.544.

(b) A major controlled substance offense as that term is

defined in section 2 of chapter I of the code of criminal

procedure, 1927 PA 175, MCL 761.2.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.