SENATE BILL No. 11

 

 

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

 

 

     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 act".

 

     Sec. 2. As used in this act:

 

     (a) "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.

 

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

 

means the program created under section 3.

 

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

 

categorized by the department of corrections.

 

     (d) "Program" means educational and vocational training,

 

substance abuse treatment, parenting skills and anger management

 

classes, domestic violence counseling, health education, and sex

 

offender treatment provided to individuals as conditions of

 

probation, parole, or imprisonment.

 

     (e) "Rearrest recidivism" means the rearrest of an offender

 

within 3 and 5 years 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 within 3 and 5 years 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 within 3 and 5 years 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 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

 

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.

 

     (i) "State project team" means 1 or more individuals appointed

 

by the legislative council to develop and assist in the

 

implementation of processes and technological 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

 

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

 

legislative council in consultation with the county's governing

 

body, that shall 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 counties participating in the criminal justice data

 

collection and management program shall 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.

 

     (4) The counties participating in the criminal justice data

 

collection and management program shall 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.

 

     (5) The legislative council shall distribute and manage grants

 

appropriated for counties participating in the criminal justice

 

data collection and management program under subsections (3) and

 

(4).

 

     (6) The counties participating in the criminal justice data

 

collection and management program shall, through their county

 

operations teams, collect and provide the following data to the

 

state operations team on a daily basis:

 

     (a) Offender data, including crimes committed by an offender,

 

facilities in which an offender was placed, and programs in which

 

an offender participated.

 

     (b) Case data, including crimes of conviction, sentences

 

imposed, location where crimes occurred and court where the

 

criminal matter was disposed, and the sentencing judge.

 

     (c) Program data, including program duration and cost,

rearrest recidivism rate for offenders after program completion,

 

reconviction recidivism rate for offenders after program

 

completion, reincarceration recidivism rate for offenders after

 

program completion, and offender dropout rate.

 

     (d) Crime data, including data regarding sentences within or

 

outside of the sentencing guideline ranges, number of felony

 

convictions, and number of misdemeanor convictions.

 

     (7) The state court administrative office and department of

 

corrections shall collect and provide the following data to the

 

state operations teams on a daily basis:

 

     (a) Rearrest recidivism by offense type.

 

     (b) Reconviction recidivism by offense type.

 

     (c) Reincarceration recidivism by offense type.

 

     (d) Rearrest recidivism by risk assessment level as determined

 

by the parole board prior to the grant of parole.

 

     (e) Reconviction recidivism by risk assessment level as

 

determined by the parole board prior to the grant of parole.

 

     (f) Reincarceration recidivism by risk assessment level as

 

determined by the parole board prior to the grant of parole.

 

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

 

subsections (6) and (7) and provide that data to the department of

 

technology, management, and budget on a daily basis.

 

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

 

house and maintain the data collected under subsections (6), (7),

 

and (8).

 

     (10) 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.