HB-5422, As Passed House, December 13, 2012HB-5422, As Passed Senate, December 13, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5422

A bill to amend 1982 PA 415, entitled

"Correctional officers' training act of 1982,"

by amending section 12 (MCL 791.512), as amended by 2004 PA 583 and

by adding section 15a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 12. (1) Except as provided in subsections (2), (3), and

(4), a person who is not employed as a state correctional officer

on March 30, 1983 and who is not employed as a state correctional

officer until after December 31, 1984, shall not be certified or

recertified by the Michigan commission of corrections unless he or

she has done all of the following:

(a) Obtained a high school diploma or attained a passing score

on the general education development test indicating a high school

graduation level.

(b) Successfully completed all of the following:

(i) One of the following:

(A) A vocational certificate program as determined by the

council, earned from an accredited postsecondary educational

institution, which program shall require a minimum of 15 semester

credit hours or 23 term credit hours.

(B) Equivalent course work to a vocational certificate

program, as determined by the council, earned from an accredited

postsecondary educational institution, which course work shall

require a minimum of 15 semester credit hours or 23 term credit

hours. The credit hours required under this subparagraph may have

been earned at any time.

educational institution in a major discipline of study that is

relevant to the position of state correctional officer, as

determined by the council. A degree required under this

subparagraph may have been earned at any time.

(ii) A minimum of 2 months of supervised, paid internship, as

determined by the council, as an intern in a correctional facility.

(iii) A minimum of 320 hours of new employee training, as

determined by the council, at the central training academy or at a

college or community college as provided under section 15a.

developed ~~pursuant to~~ under section 13 by the council and approved

by the department for certification and subsequently for

recertification.

(2) A person who was employed as a correctional officer or an

immediate supervisor of a correctional officer at the former

Detroit house of correction on December 31, 1984 shall

automatically be certified and annually recertified by the

department until December 31, 1985. Beginning January 1, 1986, a

person who was employed as a correctional officer or an immediate

supervisor of a correctional officer at the former Detroit house of

correction on December 31, 1984 shall not be recertified unless he

or she has done both of the following:

(a) Completed successfully a minimum of 160 hours of training

provided by the department.

(b) Fulfilled other minimum standards and requirements for

recertification developed pursuant to section 13 by the council and

approved by the department.

(3) A department of mental health direct care employee of a

state facility officially designated for closure or phase-down due

to deinstitutionalization, or a forensic security aide II or III

employed by the department of mental health center for forensic

psychiatry, or a work camp supervisor employed by the department of

corrections shall automatically be certified and annually

recertified by the department for 3 years following the date he or

she became employed as a state correctional officer, if he or she

has done all of the following:

(a) Within 1 year of the date he or she became employed as a

state correctional officer, obtained a high school diploma or

attained a passing score on the general education development test

indicating a high school graduation level.

(b) Within 1 year of the date he or she became employed as a

state correctional officer, completed successfully 320 hours of new

employee training with a credit up to 160 hours of previously

acquired training, as approved by the council.

state correctional officer, completed 1 of the following:

(i) A vocational certificate program, as determined by the

council, earned from an accredited postsecondary educational

institution, which program shall require a minimum of 15 semester

credit hours or 23 term credit hours.

(ii) Equivalent course work to a vocational certificate

program, as determined by the council, earned from an accredited

postsecondary educational institution. ~~, which~~ The course work

shall require a minimum of 15 semester credit hours or 23 term

credit hours. The credit hours required under this subparagraph may

have been earned at any time.

(iii) A degree granted by an accredited postsecondary

educational institution in a major discipline of study that is

relevant to the position of state correctional officer, as

determined by the council. A degree required under this

subparagraph may have been earned at any time.

(d) Fulfilled other minimum standards and requirements

developed ~~pursuant to~~ under section 13 by the council and approved

by the department for certification and subsequently for

recertification.

(4) An employee of the department of community health who is

employed as a forensic security aide at the Huron valley center of

the department of community health or the center for forensic

psychiatry of the department of community health, and who is

transferred to a position as a state correctional officer employed

by the department of corrections, shall be automatically certified

and recertified by the department for 3 years after the date on

which he or she became employed as a state correctional officer, if

he or she meets all of the requirements established by law or by

the department for employment as a state correctional officer and

does all of the following:

(a) ~~Within 30 days after the effective date of the 2004~~

~~amendatory act that amended this section,~~ Before February 4, 2005,

declares his or her intent to accept the transfer to a position as

a state correctional officer.

(b) Within 1 year of the date he or she became employed as a

state correctional officer, obtained a high school diploma or

attained a passing score on the general education development test

indicating a high school graduation level.

state correctional officer, completed 1 of the following:

(i) A vocational certificate program, as determined by the

council, earned from an accredited postsecondary educational

institution, which program shall require a minimum of 15 semester

credit hours or 23 term credit hours.

(ii) Equivalent course work to a vocational certificate

program, as determined by the council, earned from an accredited

postsecondary educational institution, which course work shall

require a minimum of 15 semester credit hours or 23 term credit

hours. The credit hours required under this subparagraph may have

been earned at any time.

(iii) A degree granted by an accredited postsecondary

educational institution in a major discipline of study that is

relevant to the position of state correctional officer, as

determined by the council. A degree required under this

subparagraph may have been earned at any time.

(d) Within 1 year of the date he or she became employed as a

state correctional officer, completed successfully 320 hours of new

employee training with a credit up to 160 hours of previously

acquired training, as approved by the council.

(e) Fulfilled other minimum standards and requirements, except

for physical fitness requirements, developed ~~pursuant to~~ under

section 13 by the council and approved by the department for

certification and subsequently for recertification.

(5) All minimum standards and requirements for certification

and subsequently for recertification of persons under subsections

(1), (2), (3), and (4) are subject to approval by the state civil

service commission.

Sec. 15a. (1) Beginning April 1, 2013, and as often as

necessary after that, the council shall develop minimum standards

and requirements for a certification program for new employee

training under section 12(1)(b)(iii) to be offered by community

colleges and colleges. Only the council or a community college or

college that is approved by the council may provide training or a

certificate of completion for new employee training as described in

section 12(1)(b)(iii) and this section. The council shall designate

the form for a certificate of completion for individuals completing

new employee training at community colleges or colleges under this