September 16, 2009, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1988 PA 511, entitled
"Community corrections act,"
by amending section 8 (MCL 791.408).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) A county, city, city-county, or regional advisory
board, on behalf of the city, county, or counties it represents,
may apply for funding and other assistance under this act by
submitting to the office a comprehensive corrections plan that
meets the requirements of this section, and the criteria,
standards, rules, and policies developed by the state board
pursuant to section 4.
(2) The plan shall be developed by the county, city, city-
county, or regional advisory board and shall include all of the
following for the county, city, or counties represented by the
advisory board:
(a) A system for the development, implementation, and
operation of community corrections programs and an explanation of
how the state prison commitment rate for the city, county, or
counties will be reduced, and how the public safety will be
maintained, as a result of implementation of the comprehensive
corrections plan. The plan shall include, where appropriate,
provisions that detail how the city, county, or counties plan to
substantially reduce, within 1 year, the use of prison sentences
for felons for which the state felony sentencing guidelines upper
limit for the recommended minimum sentence is 12 months or less as
validated by the department of corrections. Continued funding in
the second and subsequent years shall be contingent upon
substantial compliance with this subdivision.
(b) A data analysis of the local criminal justice system
including a basic description of jail utilization detailing such
areas as sentenced versus unsentenced inmates, sentenced felons
versus sentenced misdemeanants, and any use of a jail
classification system. The analysis also shall include a basic
description of offenders sentenced to probation and to prison and a
review of the rate of commitment to the state corrections systems
from the city, county, or counties for the preceding 3 years. The
analysis also shall compare actual sentences with the sentences
recommended by the state felony sentencing guidelines.
(c) An analysis of the local community corrections programs
used at the time the plan is submitted and during the preceding 3
years, including types of offenders served and funding levels.
(d) A system for evaluating the effectiveness of the community
corrections program, which shall utilize the criteria developed
pursuant to section 4(d).
(e) The identity of any designated subgrant recipient.
(f) In the case of a regional or city-county plan, provisions
for the appointment of 1 fiscal agent to coordinate the financial
activities pertaining to the grant award.
(3) The county board or boards of commissioners of the county
or counties represented by a county, city-county, or regional
advisory board, or the city council of the city represented by a
city or city-county advisory board, shall approve the proposed
comprehensive corrections plan prepared by their advisory board
before the plan is submitted to the office pursuant to subsection
(1).
(4) This section is intended to encourage the participation in
community corrections programs of offenders who meet all of the
following criteria:
(a) The offenders would likely be sentenced to imprisonment in
a
state correctional facility or jail.
,
(b) The offenders would not likely increase the risk to public
safety ,
have not demonstrated a pattern of violent behavior, and
do
not have based on an
objective risk and needs assessment that
demonstrates that the offender can be safely treated and supervised
in the community. As used in this subdivision, "objective risk and
needs assessment" means an evaluation of a probationer's criminal
history and the probationer's noncriminal history; a determination
of the availability in the community of appropriate programming;
and any other factors relevant to predicting the risk the
probationer would present to the public safety, including, but not
limited to, a criminal record that indicates a pattern of violent
offenses.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 827
of the 95th Legislature is enacted into law.