Corrections; parole; use of evidence-based supervision practices;

require.

Corrections:  parole; Criminal procedure:  probation; State

agencies (existing):  corrections

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL NO. __________

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to provide for the use of evidence-based supervision

 

practices for probation and parole supervision; to prescribe the

 

powers and duties of certain state departments and local agencies;

 

to require the adoption of certain rules; to regulate the use of

 

funds by certain state departments and local agencies; and to

 

require certain reports.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Agency" means both of the following:

 

     (i) The department of corrections.

 

     (ii) Any regional, local, or county governmental agency that

 

receives state funding and that is responsible for supervising

 

individuals who are placed on probation or who are serving a period

of parole or postrelease supervision from a prison or jail.

 

Agency does not include a district court probation department

 

established under section 8314 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.8314.

 

     (b) "Case plan" means an individualized accountability and

 

behavior change strategy for supervised individuals that does all

 

of the following:

 

     (i) Targets and prioritizes the specific criminal risk factors

 

of the offender.

 

     (ii) Matches programs to the offender's individual

 

characteristics, such as gender, culture, motivational stage,

 

developmental stage, or learning style.

 

     (iii) Establishes a timetable for achieving specific

 

behavioral goals, including a schedule for payment of victim

 

restitution, child support, and other financial obligations. A

 

timetable established under this subparagraph for payment of victim

 

restitution, child support, and other financial obligations is

 

subject to an ability to pay determination.

 

     (iv) Specifies positive and negative actions that will be

 

taken in response to the supervised individual's behaviors.

 

     (c) "Community supervision" means either of the following:

 

     (i) The placement of an individual under supervision with

 

conditions imposed for a specified period if both of the following

 

apply:

 

     (A) Criminal proceedings against the individual are deferred

 

without an adjudication of guilt.

 

     (B) A sentence of imprisonment or confinement, imprisonment

and a fine, or confinement and a fine are imposed as terms of

 

probation and the imposition of the sentence is suspended in whole

 

or in part.

 

     (ii) The placement of an individual under supervision after

 

release from prison or jail, with conditions imposed by the

 

releasing authority for a specified period of time.

 

     (d) "Criminal risk factors" means characteristics and

 

behaviors that when addressed or changed affect an individual's

 

risk for committing crimes including antisocial attitudes, values,

 

and beliefs, poor impulse control, criminal personality, substance

 

abuse, criminal peers, dysfunctional family, or a lack of

 

employment or education.

 

     (e) "Evidence-based practices" means supervision policies,

 

procedures, programs, and practices that scientific research

 

demonstrates reduce recidivism among individuals on probation,

 

parole, or postrelease supervision.

 

     (f) "Program" means an intervention, other than medical

 

services, to which both of the following apply:

 

     (i) It is intended to reduce recidivism by supervised

 

individuals.

 

     (ii) It is funded in whole or in part by this state or is

 

administered by an agency of this state.

 

     (g) "Recidivism" means the rearrest, reconviction, or

 

reincarceration in prison or jail for a felony or misdemeanor

 

offense or a probation or parole violation, or any combination of

 

those events, of an individual as measured first after 3 years and

 

again after 5 years from the date of his or her release from

incarceration, placement on probation, or conviction, whichever is

 

later.

 

     (h) "Supervised individual" means an individual placed on

 

probation or serving a period of parole or postrelease supervision

 

from prison or jail.

 

     (i) "Supervising officer" means an individual appointed or

 

employed by an agency to supervise individuals placed on community

 

supervision.

 

     (j) "Technical parole violation" means a violation of the

 

terms of a parolee's parole order that is not in and of itself a

 

violation of a law of this state, a political subdivision of this

 

state, another state, or the United States or of tribal law.

 

     (k) "Technical probation violation" means a violation of the

 

terms of a probationer's probation order that is not in and of

 

itself a violation of a law of this state, a political subdivision

 

of this state, another state, or the United States or of tribal

 

law.

 

     Sec. 2. (1) The agency shall adopt policies, rules, and

 

regulations that within 4 years after the effective date of this

 

act result in all supervised individuals being supervised in

 

accordance with evidence-based practices, or practices developed

 

based upon evidence-based practices, in order to improve the

 

success rates of and to reduce recidivism rates for supervised

 

individuals. The agency shall consult with and seek recommendations

 

from local law enforcement agencies, including sheriff's

 

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

 

community corrections programs, in adopting policies, rules, and

regulations for evidence-based supervision practices.

 

     (2) The policies, rules, and regulations adopted under

 

subsection (1) must include all of the following:

 

     (a) The adoption, validation, and utilization of an objective

 

risk and needs assessment tool.

 

     (b) The use of assessment scores and other objective criteria

 

to determine the risk level and program needs of each supervised

 

individual, prioritizing supervision and program resources for

 

offenders who are at higher risk to reoffend.

 

     (c) Definitions of low-, moderate-, and high-risk levels

 

during the period of supervision.

 

     (d) The development of a case plan, based on the assessment

 

score, for each individual who is assessed to be moderate to high

 

risk. The case plan must allow a supervised individual options for

 

programming from which he or she may make a selection. If a

 

supervised individual exercises his or her option to choose

 

programming rather than having the programming selected by his or

 

her supervising officer, the selected programming shall not be less

 

rigorous than the programming that the supervised individual would

 

have otherwise been required to complete. A case plan developed

 

under this subdivision is subject to conditions of supervision, if

 

any, imposed by a court having jurisdiction over the supervised

 

individual.

 

     (e) The development of a case plan, based on the assessment

 

score, for each individual who is assessed to be low risk. The case

 

plan must allow a supervised individual options for programming

 

from which he or she may make a selection. If a supervised

individual exercises his or her option to choose programming rather

 

than having the programming selected by his or her supervising

 

officer, the selected programming must not be less rigorous than

 

the programming that the supervised individual would have otherwise

 

been required to complete. A case plan developed under this

 

subdivision is subject to conditions of supervision, if any,

 

imposed by a court having jurisdiction over the supervised

 

individual.

 

     (f) The identification of swift, certain, proportionate, and

 

graduated responses that an agency employee will apply in response

 

to a supervised individual's compliant and noncompliant behaviors.

 

     (g) The adoption of caseload guidelines that are based on

 

offender risk levels and take into account agency resources and

 

employee workload.

 

     (h) The establishment of protocols and standards that assess

 

the degree to which agency policies, procedures, programs, and

 

practices relating to offender recidivism reduction are evidence-

 

based.

 

     (3) Not more than 4 years after the effective date of this

 

act, all state funds expended on programs must be for programs that

 

are in accordance with evidence-based practices or are developed

 

based upon evidence-based practices.

 

     (4) Not more then 4 years after the effective date of this

 

act, the agency shall eliminate supervision policies, procedures,

 

programs, and practices intended to reduce recidivism that

 

scientific research demonstrates do not reduce recidivism.

 

     (5) Any data collected and maintained under this act regarding

recidivism rates must be collected and maintained in a manner that

 

separates the data regarding technical probation violations and

 

technical parole violations from data on new felony and misdemeanor

 

convictions.

 

     Sec. 3. The agency shall adopt policies, rules, and

 

regulations that improve crime victim satisfaction with the

 

criminal justice system, including all of the following:

 

     (a) The payment by supervised individuals of victim

 

restitution and child support.

 

     (b) The opportunity for victims to complete victim impact

 

statements or provide input into presentence investigation reports.

 

     (c) Providing victims information about their rights and

 

services, and referrals to access those rights and services.

 

     (d) Offering victims the opportunity to complete a "victim

 

satisfaction survey" with data used to measure agency performance.

 

The department of the attorney general shall develop a victim

 

satisfaction survey for use by an agency under this subdivision.

 

     (e) Facilitating victim-offender dialogue if the victim is

 

willing.

 

     Sec. 4. (1) The agency shall provide its employees with

 

intensive initial and ongoing training and professional development

 

services to support the implementation of evidence-based practices.

 

     (2) The training and professional development services

 

provided under subsection (1) shall include assessment techniques,

 

case planning, risk reduction and intervention strategies,

 

effective communication skills, substance abuse intervention

 

information, and other topics identified by the agency or its

employees.

 

     Sec. 5. The department of corrections may form partnerships or

 

enter into contracts with institutions of higher education or other

 

qualified organizations for assistance with data collection,

 

analysis, and research.

 

     Sec. 6. (1) Beginning in 2018, by March 1 of each year the

 

agency shall submit to the governor, the secretary of the senate,

 

the clerk of the house of representatives, and the supreme court

 

administrative office a comprehensive report on its efforts to

 

implement this act. The report must include all of the following:

 

     (a) The percentage and number of supervised individuals being

 

supervised in accordance with evidence-based practices.

 

     (b) The amount of state funds expended for programs that are

 

evidence-based.

 

     (c) A list of all programs, including an identification of all

 

programs that are evidence-based.

 

     (d) An identification of all supervision policies, procedures,

 

programs, and practices that were eliminated.

 

     (e) The results of victim satisfaction surveys administered

 

under section 3.

 

     (f) The agency's recommendations for resource allocation, and

 

any additional collaboration with other state, regional, or local

 

public agencies, private entities, or faith-based or community

 

organizations.

 

     (2) The agency shall make the full report required under

 

subsection (1) and an executive summary of that report available to

 

the general public on its website.

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.