SENATE BILL No. 17

 

 

January 18, 2017, Introduced by Senators SHIRKEY, O'BRIEN, PROOS, COLBECK, KNOLLENBERG, JONES, BOOHER, HORN, SCHUITMAKER, BRANDENBURG, HANSEN, KOWALL, GREGORY, JOHNSON and WARREN and referred to the Committee on Michigan Competitiveness.

 

 

     A bill to create the supervising region incentive program act;

 

to create the supervising region incentive fund; to provide for

 

expenditures from the fund; 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

 

"supervising region incentive program act".

 

     Sec. 2. As used in this act:

 

     (a) "Department" means the department of corrections.

 

     (b) "Field operations administration region" means 1 of the

 

geographic regions delineated by the department that oversee

 

supervised individuals within the region and that employ parole and

 

probation officers to engage in direct supervision of the

 

supervised individuals.

 

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

 

probation or serving a period of parole or postrelease supervision

 

from prison or jail.

 

     (d) "Supervising officer" means a person appointed or employed

 

by a field operations administration region to supervise supervised

 

individuals.

 

     Sec. 3. (1) The supervising region incentive fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund, including general fund

 

appropriations, gifts, grants, and bequests. The state treasurer

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and not lapse to the general fund.

 

     (4) The department shall be the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only for 1 or both of the following purposes:

 

     (a) As an incentive to field operations administration regions

 

that implement supervision practices, procedures, and sanctions

 

directed at parole and probation revocation reduction within the

 

region.

 

     (b) To assist field operations administration regions to

 

implement supervision practices, procedures, and sanctions directed

 

at parole and probation revocation reduction within the region.

     Sec. 4. (1) By January 1, 2018, the department shall adopt a

 

supervising region incentive program to be offered to field

 

operations administration regions that agree to seek not less than

 

a 10% reduction in parole and probation revocations in the region's

 

supervised population.

 

     (2) To be eligible to receive funding from the supervising

 

region incentive fund created in section 3 under the supervising

 

region incentive program under subsection (1), a field operations

 

administration region shall enter into an agreement with the

 

department to seek not less than a 10% reduction within an 18-month

 

period in parole and probation revocations in the field operations

 

administration region by implementing the practices, procedures,

 

and sanctions, as applicable, under the parole sanction certainty

 

act in chapter IIIB of the corrections code of 1953, 1953 PA 232,

 

MCL 791.258 to 791.258g, as well as other efforts to reduce parole

 

and probation revocations.

 

     (3) The department shall make 20% of an equal share of the

 

total incentive funds available in the supervising region incentive

 

fund created in section 3 for each field operations administration

 

region in this state, calculated by the number of field operations

 

administration regions in this state and the total amount of money

 

in the fund, available to a field operations administration region

 

that enters into an agreement under subsection (2) to be used by

 

the field operations administration region to begin implementing

 

the supervision practices described in subsection (2).

 

     (4) If a field operations administration region accesses funds

 

under subsection (3), the 18-month period for seeking a 10%

reduction in parole and probation revocations under subsection (2)

 

begins to run.

 

     (5) A field operations administration region shall work with

 

local law enforcement agencies within the region, including the

 

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

 

and community corrections programs in developing the region's plan

 

to reduce parole and probation revocations.

 

     (6) Except as provided in subsection (3), a field operations

 

administration region shall only receive incentive funding under

 

this section if the field operations administration region achieves

 

not less than a 10% reduction in parole and probation revocations

 

within an 18-month period.

 

     (7) A field operations administration region that receives

 

incentive funding under subsection (6) is eligible to receive

 

additional incentive funding if, after 3 years have elapsed after

 

the field operations administration region received incentive

 

funding under subsection (6), the field operations administration

 

region achieves an additional reduction in parole and probation

 

revocations of not less than 10% within a 1-year period compared to

 

the number of parole and probation revocations in the year it

 

received incentive funding under subsection (6).

 

     (8) A field operations administration region that receives

 

incentive funding under this section shall divide the funds between

 

the parole and probation divisions within the field operations

 

administration region in a manner that is commensurate to the

 

percentage of supervised individuals in each division.

 

     Sec. 5. Incentive funding received by a field operations

administration region must be used for the following purposes:

 

     (a) The purchase and maintenance of monitoring technology.

 

     (b) Job training.

 

     (c) Substance abuse treatment.

 

     (d) Mental health counseling and treatment.

 

     (e) Approved parolee and probationer incentive programs.

 

     (f) Hiring additional supervising officers to reduce

 

supervising officer caseloads.

 

     (g) Reimbursement for jail services.

 

     (h) Evidence-based cognitive or behavioral programs and

 

practices that have demonstrated success in reducing recidivism.

 

     Sec. 6. The department shall submit an annual report not later

 

than November 1 of each year that includes all of the following to

 

the members of the senate and house appropriations subcommittees on

 

corrections and the senate and house fiscal agencies:

 

     (a) Which and how many of the field operations administration

 

regions are participating in the supervising region incentive

 

funding program created in section 4.

 

     (b) The total, if any, of the avoided costs of incarceration

 

realized through the implementation of the supervision practices,

 

procedures, and sanctions for probationers and parolees described

 

in section 4.

 

     (c) The total, if any, of the avoided costs to victims

 

realized through the implementation of the supervision practices,

 

procedures, and sanctions for probationers and parolees described

 

in section 4.

 

     (d) The total, if any, of the avoided costs of the probation

or parole revocation process realized through the implementation of

 

the supervision practices, procedures, and sanctions for the

 

supervised individuals described in section 4.

 

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

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No. 16.                                              of

 

the 99th Legislature is enacted into law.