BillCam

SB-0017, As Passed House, March 8, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 17

A bill to create the supervising region incentive program act;

to create the supervising region incentive fund; to provide for use

of the fund; to provide for the powers and duties of certain state

and local governmental officers and entities; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

"supervising region incentive act".

Sec. 2. As used in this act:

(a) "Avoided costs" means the amount of money that the

department would have expended if there were no reduction in the

number of parole or probation revocations within a field operations

administration region calculated based upon historical data

compared to actual department costs for offender monitoring.

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

geographic regions delineated by the department that oversee

offenders within the region.

(d) "Measurable reduction in parole and probation revocations"

means a field operations administration region has achieved a

quantifiable reduction in both parole and probation revocations as

a percentage of the total number of offenders in each supervised

population by the end of a quarter compared to the number of both

parole and probation revocations as a percentage of the total

number of offenders in each supervised population in the field

operations administration region in the previous quarter of a 12-

month period.

(e) "Offender" means an individual placed on felony probation

or serving a period of parole.

(f) "Supervising agent" means an individual employed by the

department to supervise offenders.

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 is 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.

(6) The department shall not expend money from the fund to

provide direct monetary payments to a supervising agent.

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 a measurable

reduction in parole and probation revocations.

(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 a measurable reduction in parole and probation

revocations, 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 an equal share of 20% 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 that agree to participate in

the supervising region incentive program 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 time period for seeking a measurable

reduction in parole and probation revocations 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 for the quarters in which the field operations

administration region achieves a measurable reduction in parole and

probation revocations, as compared to the previous quarter.

(7) If a field operations administration region is eligible to

receive funding under subsection (6), the department shall, on a

quarterly basis, provide the field operations administration region

an equal share of 20% of the total incentive funds available in the

supervising region incentive fund created in section 3 calculated

as described under subsection (3).

(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 offenders in each division.

Sec. 5. Incentive funding received by a field operations

administration region must only be used for the following purposes:

(a) The purchase and maintenance of monitoring technology.

(b) Job training.

(d) Mental health counseling and treatment.

(e) Approved parolee and probationer incentive programs.

(f) Hiring additional supervising agents to reduce supervising

agent 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, providing 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 incentive funding program adopted

under 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 offenders described in section 4.

or parole revocation process realized through the implementation of

the supervision practices, procedures, and sanctions for the

offenders described in section 4.

Sec. 7. This act is repealed 5 years after the effective date

of this act.

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.