House Introduced Bill 5977

HOUSE BILL No. 5977

April 30, 2002, Introduced by Reps. Richardville, Faunce, Kowall, Howell, Gilbert, Richner, Rivet, Lockwood, McConico,
Raczkowski, Vander Veen, Ehardt, Bernero, Wojno, Woodward, Bovin, Koetje, Woronchak and Bishop and referred to the Committee on
Criminal Justice.

A bill to improve the training and education of local cor-

rections officers; to provide for the certification of local cor-

rections officers and the development of standards and require-

ments for local corrections officers; to provide for the creation

of a local corrections officers' advisory council; and to pre-

scribe the powers and duties of certain state officers and

agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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"local corrections officers' training act".

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Sec. 2. As used in this act:

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(a) "Correctional facility" means municipal or county jail,

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work camp, lockup, holding center, halfway house, community

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corrections center, or any other facility maintained by a

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municipality or county that houses adult prisoners.

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(b) "Council" means the local corrections officers' advisory

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council created under section 3.

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(c) "Executive secretary" means the executive secretary of

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the council.

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(d) "Local corrections officer" means any person employed by

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a unit of local government in a correctional facility as a cor-

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rections officer, or that person's supervisor or administrator.

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(e) "MCOLES" means the commission on law enforcement stan-

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dards created in section 3 of 1965 PA 203, MCL 28.603.

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(f) "Training academy" means a training academy approved by

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the council pursuant to section 15.

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Sec. 3. The local corrections officers' advisory council is

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created within MCOLES, and shall develop standards and require-

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ments for education, training, and certification of local correc-

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tions officers. The council shall consist of 12 members

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appointed by the governor, as follows:

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(a) Three members of the council shall be members of the

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deputy sheriffs association of Michigan.

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(b) Three members of the council shall be members of the

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Michigan sheriffs' association, 1 of whom shall be a jail

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administrator.

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(c) One member of the council shall be a member of the

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police officers association of Michigan.

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(d) One member of the council shall be a member of the fra-

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ternal order of police.

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(e) One member of the council shall be a member of the

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Michigan association of counties.

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(f) One member of the council shall represent the general

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public.

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(g) One member of the council shall be a member of MCOLES.

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(h) One member of the council shall be a member of the

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Michigan association of chiefs of police.

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Sec. 4. (1) All members of the council shall hold office

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for terms of 3 years each, except that of the members first

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appointed 3 shall serve for terms of 1 year each, 4 shall serve

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for terms of 2 years each, and 3 shall serve for terms of 3 years

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each. Successors shall be appointed in the same manner as the

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original appointment.

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(2) A person appointed as a member to fill a vacancy created

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other than by expiration of a term shall be appointed in the same

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manner as the original appointment for the remainder of the unex-

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pired term of the member whom the person is to succeed.

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(3) Any member may be reappointed for additional terms.

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Sec. 5. (1) The council shall designate from among its mem-

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bers a chairperson and a vice-chairperson who shall serve for

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1-year terms and who may be reelected.

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(2) The council shall meet at least 4 times in each year.

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The council shall hold special meetings when called by the chair-

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person or, in the absence of the chairperson, by the

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vice-chairperson, or when called by the chairperson upon the

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written request of 6 members of the council. The council shall

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establish its own procedures and requirements with respect to

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quorum, place, and conduct of its meeting and other matters.

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(3) The business that the council may perform shall be

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conducted at a public meeting of the council held in compliance

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with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

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Public notice of the time, date, and place of the meeting shall

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be given in the manner required by the open meetings act, 1976

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PA 267, MCL 15.261 to 15.275.

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(4) The members of the council shall serve without compensa-

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tion but shall be entitled to their actual expenses in attending

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meetings and in the performance of their duties under this act.

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Sec. 6. A member of the council shall not be disqualified

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from holding any public office or employment by reason of his or

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her appointment or membership on the council, nor shall he or she

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forfeit any such office or employment, by reason of his or her

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appointment under this act, notwithstanding the provisions of any

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local or special act or any local law, ordinance, or charter.

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Sec. 7. An executive secretary of the council shall be

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appointed by the council upon the recommendation of MCOLES. The

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executive secretary shall perform functions and duties as are

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assigned by the council. The executive secretary shall receive

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compensation in an amount fixed by MCOLES and shall receive reim-

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bursement for expenses within the amounts appropriated under sec-

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tion 8.

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Sec. 8. Administrative support services for the council and

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executive secretary shall be provided by the council as provided

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by separate appropriation for the council.

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Sec. 9. (1) The local corrections officer training fund is

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created in the state treasury. The council shall expend the fund

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only as provided in this section.

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(2) The state treasurer shall credit to the local correc-

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tions officer training fund all revenue received from fees and

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civil fines collected under section 4b of 1846 RS 171,

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MCL 801.4b, and under section 4a of 1846 RS 171, MCL 801.4a, and

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funds from any other source provided by law.

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(3) The council shall use the fund only to defray the costs

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of continuing education, certification, recertification, decerti-

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fication, and training of local corrections officers; the hiring

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of or contracting for a training coordinator; and other expendi-

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tures related to the requirements of this act.

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(4) Unexpended funds remaining in the fund at the end of the

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fiscal year shall remain in the fund and shall not revert to the

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general fund.

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Sec. 10. Beginning 6 months after the effective date of

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this act, a person shall not be a local corrections officer

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unless he or she is certified or recertified by MCOLES as pro-

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vided in section 11, 12, or 13. MCOLES shall certify those per-

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sons and recertify on an annual basis those persons who satisfy

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the criteria set forth in section 11, 12, or 13.

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Sec. 11. Effective January 1, 2004, a person who is

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employed as a local corrections officer before January 1, 2004

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shall not be certified or recertified unless he or she has done

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both of the following:

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(a) Fulfilled standards and requirements recommended by the

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council and approved by MCOLES for certification by January 1,

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2006, with credit for prior training provided by the department

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of corrections allowed but limited to 160 hours of credit for

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training received before January 1, 2004.

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(b) Fulfilled standards and requirements developed by the

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council and approved by MCOLES for recertification.

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Sec. 12. A person who was not employed as a local correc-

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tions officer before January 1, 2004 but who becomes employed as

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a local corrections officer on or after January 1, 2004 shall not

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be certified or recertified by the council unless he or she meets

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the following conditions:

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(a) He or she is a citizen of the United States and is 18

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years of age or older.

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(b) He or she has obtained a high school diploma or attained

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a passing score on the general education development test indi-

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cating a high school graduation level.

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(c) He or she has fulfilled other standards and requirements

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developed by the council for certification within the first 24

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months of employment.

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(d) He or she has fulfilled standards and requirements

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developed by MCOLES upon the recommendation of the council for

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recertification.

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Sec. 13. (1) Not later than 1 year after the effective date

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of this act, and as often as necessary after that, the council

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shall develop minimum standards and requirements for local

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corrections officers with respect to the following:

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(a) Recruitment, selection, and certification of new local

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corrections officers based upon at least, but not limited to,

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work experience, educational achievement, and physical and mental

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fitness.

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(b) New employee and continuing training programs.

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(c) Recertification process.

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(d) Course content of the vocational certificate program,

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the central training academy, and continuing training programs.

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(e) Decertification process.

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(2) Standards developed under subsection (1) are subject to

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the approval of MCOLES.

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Sec. 14. The council shall recommend to MCOLES all approved

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training facilities for local corrections officers.

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Sec. 15. The council shall make an annual report to MCOLES

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that includes pertinent data regarding the standards and require-

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ments established and an evaluation on the effectiveness of local

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corrections officer training programs.

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Enacting section 1. This act does not take effect unless

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all of the following bills of the 91st Legislature are enacted

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into law:

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(a) Senate Bill No. _____ or House Bill No. 5978 (request

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no. 04778'01 a).

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(b) Senate Bill No. _____ or House Bill No. 5979 (request

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no. 04778'01 b).

04778'01 Final page. DRM