SB-0011, As Passed House, March 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE 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) "Report" means aggregated data and statistics collected

 

under this act. A report does not include any data that contain

 

uniquely identifying information that is not already available to

 

the public or any information that could reasonably lead to the

 

disclosure of nonpublic information as determined by the state

 

operations team.

 

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

 

houses prisoners under the jurisdiction of the department of

 

corrections.

 

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

 

an individual, employed by the legislative council as an at-will,

 

nontenured employee, employed by a third party under contract with

 

the legislative council, or under contract with 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.

 

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

 

individual, employed by the legislative council as an at-will,

 

nontenured employee, employed by a third party under contract with

 

the legislative council, or under contract with 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) Subject to appropriation, 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) Subject to appropriation, the legislative council shall

 

assign a state operations team to oversee the work activities of

 

the state project team and the county operations teams.

 

     (3) Subject to appropriation, the state court administrative

 

office and the department of corrections must be provided any

 

necessary and available 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) Subject to appropriation, the counties participating in

 

the criminal justice data collection and management program must be

 

provided any necessary and available funding to implement

 

technological changes to county data collection systems based upon

the recommendation of the state operations team.

 

     (5) Subject to appropriation, the counties participating in

 

the criminal justice data collection and management program must be

 

provided any necessary and available funding to implement

 

additional data collection and new data collection practices based

 

upon the recommendation of the state operations team.

 

     (6) The department of technology, management, and budget shall

 

distribute the funds, based upon the recommendations of the state

 

operations team, that are 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) Subject to appropriation, the department of technology,

 

management, and budget shall charge the legislative council for a

 

service provided by the department of technology, management, and

 

budget to the legislative council under this act. The rate charged

 

under this subsection must reflect the actual cost for the service

 

provided and the department of technology, management, and budget

 

shall provide the legislative council with an invoice detailing

 

actual costs of the service provided upon a request for payment.

 

     Sec. 4. (1) Except as otherwise provided in this section, the

 

data collected under this act is confidential and is not subject to

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     (2) 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

 

state operations team and shall provide the state operations team

 

access to the data collected under this act.

 

     (3) The legislative council may request the state operations

 

team to generate a report from the data collected under this act. A

member of the legislature may request the legislative council to

 

make a request for a report under this subsection.

 

     (4) A report created by the state operations team under

 

subsection (3) is subject to the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246.

 

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

 

date it is enacted into law.