SB-0011, As Passed Senate, February 2, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 11

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to create the criminal justice data collection and

 

management program act; to describe the criminal justice data

 

collection and management program; to provide for certain grants;

 

and to provide for the powers and duties of certain state and local

 

governmental officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"criminal justice data collection and management program act".

 

     Sec. 2. As used in this act:

 

     (a) "County jail" means a facility operated by a county for

 

the physical detention and correction of individuals charged with

 

or convicted of criminal offenses and ordinance violations,

 

individuals found guilty of civil or criminal contempt, and

 

juveniles detained by court order.

 

     (b) "County operations team" means a group of individuals, or

 

an individual, selected by the governing body of a county

 

participating in the criminal justice data collection and

 

management program to work in coordination with the state project

 

and state operations teams to implement the criminal justice data

 

collection and management program.

 

     (c) "Criminal justice data collection and management program"

 

or "program" means the program created under section 3.

 

     (d) "Offense type" means the category of a criminal offense as

 

categorized by the department of corrections.

 

     (e) "Rearrest recidivism" means the rearrest of an offender 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 for a criminal offense, whichever is later, for a new

 

felony or misdemeanor offense, or for a parole or probation

 

violation.

 

     (f) "Reconviction recidivism" means the reconviction of an

 

offender 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 for a criminal offense, whichever is

 

later, for a new felony or misdemeanor offense, or for a parole or

 

probation violation.

 

     (g) "Reincarceration recidivism" means the reincarceration in

 

jail or prison of an offender 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 for a criminal

 

offense, whichever is later, for a new felony or misdemeanor

 

offense, or for a parole or probation violation.

 

     (h) "State correctional facility" means any facility that

 

houses prisoners under the jurisdiction of the department of

 

corrections.

 

     (i) "State operations team" means a group of individuals, or

 

an individual, appointed by the legislative council to execute

 

state-level data collection processes and criminal justice data

 

collection processes and to manage the collection of data from

 

counties participating in the criminal justice data collection and

 

management program and from state agencies and departments,

 

including, but not limited to, the state court administrative

 

office, the department of technology, management, and budget, and

 

the department of corrections.

 

     (j) "State project team" means a group of individuals, or an

 

individual, appointed by the legislative council to develop and

 

assist in the implementation of processes and technology

 

improvements that facilitate the collection of criminal justice

 

data from the counties participating in the criminal justice data

 

collection and management program and from state agencies and

 

departments, including, but not limited to, the state court

 

administrative office, the department of technology, management,

 

and budget, and the department of corrections.

 

     Sec. 3. (1) A criminal justice data collection and management

 

program is created within the legislative council. The program must

 

be implemented in not fewer than 1 county, selected by the

legislative council in consultation with the county's governing

 

body, and must work in coordination with state agencies and

 

departments, including, but not limited to, the state court

 

administrative office, the department of technology, management,

 

and budget, and the department of corrections.

 

     (2) Not more than 60 days after the effective date of this

 

act, the legislative council shall appoint a state operations team

 

that shall oversee the work activities of the state project team

 

and the county operations teams.

 

     (3) The state court administrative office and the department

 

of corrections must be provided, by appropriation, any necessary

 

grant funding to implement technological changes and additional

 

data collection or new data collection practices to the state court

 

administrative office and the department of corrections' data

 

collection systems based upon the recommendation of the state

 

operations team.

 

     (4) The counties participating in the criminal justice data

 

collection and management program must be provided, by

 

appropriation, any necessary grant funding to implement

 

technological changes to county data collection systems based upon

 

the recommendation of the state operations team.

 

     (5) The counties participating in the criminal justice data

 

collection and management program must be provided, by

 

appropriation, any necessary grant funding to implement additional

 

data collection and new data collection practices based upon the

 

recommendation of the state operations team.

 

     (6) The legislative council shall distribute and manage grants

appropriated for the state court administrative office, the

 

department of corrections, and the counties participating in the

 

criminal justice data collection and management program under

 

subsections (3), (4), and (5).

 

     (7) The counties participating in the criminal justice data

 

collection and management program shall, through their county

 

operations teams, collect and provide data to the state operations

 

team that support the determination of all of the following:

 

     (a) County jail capacity.

 

     (b) Rearrest recidivism.

 

     (c) Reconviction recidivism.

 

     (d) Reincarceration recidivism.

 

     (e) The application of sentencing guidelines.

 

     (8) The state court administrative office and department of

 

corrections shall collect and provide data to the state operations

 

team that support the determination of all of the following:

 

     (a) State correctional facility capacity.

 

     (b) Rearrest recidivism.

 

     (c) Reconviction recidivism.

 

     (d) Reincarceration recidivism.

 

     (e) The application of sentencing guidelines.

 

     (9) The state operations team shall collect the data under

 

subsections (7) and (8) and provide that data to the department of

 

technology, management, and budget.

 

     (10) The department of technology, management, and budget

 

shall house and maintain the data collected under subsections (7),

 

(8), and (9).

     (11) The department of technology, management, and budget

 

shall only allow access to the data collected under this act by

 

members of the department of technology, management, and budget and

 

the legislative council.

 

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

 

date it is enacted into law.