May 23, 2012, Introduced by Senators PROOS, GREEN, MARLEAU, ROBERTSON, EMMONS, PAPPAGEORGE, HANSEN, BRANDENBURG and HILDENBRAND and referred to the Committee on Appropriations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding chapter XIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIA
Sec. 1. This chapter shall be known and may be cited as the
"probation swift and sure sanctions act".
Sec. 2. As used in this chapter:
(a) "Chief supervising agent" means the highest ranking
probation administrator in each judicial circuit.
(b) "Felony" means a crime specifically designated to be a
felony or that is punishable by imprisonment for more than 1 year.
(c) "Graduated sanction" means any of a wide range of nonjail
offender accountability measures and programs, including, but not
limited to, electronic supervision tools, drug and alcohol testing
or monitoring, day or evening reporting centers, restitution
centers, forfeiture of earned compliance credits, rehabilitative
interventions such as substance abuse or mental health treatment,
reporting requirements to supervising agents, community service or
work crews, secure or unsecure residential treatment facilities or
halfway houses, and short-term or intermittent incarceration.
(d) "Positive reinforcement" means any of a wide range of
rewards and incentives, including, but not limited to, awarding
certificates of achievement, reducing reporting requirements,
deferring a monthly supervision fee payment, awarding earned
compliance credits, removing supervision conditions such as home
detention or curfew, or asking the offender to be a mentor to
others.
(e) "Supervised individual" means an individual who is placed
on probation by the court subject to swift and sure supervision
under this chapter.
(f) "Supervising agent" means the probation agent assigned to
directly supervise an individual on swift and sure supervision.
(g) "Swift and sure supervision" means being placed on
probation by the court for the commission of a felony subject to
conditions and sanctions as set forth in this chapter.
Sec. 3. (1) By January 1, 2013, the state court administrative
office shall adopt a system of graduated sanctions for violations
of conditions of swift and sure supervision. To the extent
possible, the system of graduated sanctions shall be uniform
throughout the state for all probationers subject to swift and sure
supervision. The state court administrative office shall also
coordinate its efforts with the department of corrections to ensure
that sanctions imposed on individuals while on swift and sure
supervision under the jurisdiction of either the court or the
department are, to the extent possible, uniform based upon the
offense and offender characteristics of the individual who is
placed on swift and sure supervision and the nature of any
violation committed by that individual while he or she is on swift
and sure supervision.
(2) The state court administrative office shall consult with
the state community corrections board when establishing initial
programming and eligibility requirements under this chapter.
Sec. 4. (1) The system of swift and sure supervision shall set
forth a list of presumptive sanctions for the most common types of
supervision violations, including, but not limited to, failing to
report, failing to pay fines, fees, or victim restitution, failing
to participate in a required program or service, failing to
complete community service, violating a protective or no-contact
order, or failing to refrain from the use of alcohol or a
controlled substance. The system of sanctions shall take into
account factors such as the severity of the violation, the
supervised individual's previous criminal record, the number and
severity of any previous supervision violations, the supervised
individual's assessed risk level, and the extent to which graduated
sanctions were imposed for previous violations. The system also
shall define positive reinforcements that supervised individuals
will receive for complying with their conditions of supervision.
(2) The state court administrative office shall establish a
process to review and to approve or reject, before imposition,
graduated sanctions that deviate from those that are otherwise
prescribed under subsection (1).
Sec. 5. A supervised individual shall be subject to 1 of the
following for violating any condition of his or her swift and sure
supervision:
(a) Sanctions other than probation revocation and
incarceration as appropriate to the severity of the violation
behavior, the risk of future criminal behavior by the offender, and
the need for, and availability of, interventions that may assist
the offender to remain compliant with his or her conditions of
release and to be crime-free in the community.
(b) Probation revocation proceedings and possible
incarceration for failure to comply with the condition of
supervision when that failure constitutes a significant risk to
prior victims of the supervised individual or the community at
large and the risk cannot be appropriately managed in the
community.
Sec. 6. (1) The judge of the court having jurisdiction of the
case shall determine the conditions of swift and sure supervision
and may impose as a condition of swift and sure supervision that
the person or agency supervising the individual may, in accordance
with section 7 of this chapter, impose graduated sanctions adopted
by the court for violations of the conditions of swift and sure
supervision.
(2) Before being placed on swift and sure supervision subject
to graduated sanctions, the supervised individual shall be informed
in person of the conditions of that swift and sure supervision. The
supervised individual shall also sign a written agreement to abide
by those conditions or to be immediately subject to graduated
sanctions without a hearing or to probation revocation, whichever
is determined by the court to be appropriate.
Sec. 7. (1) The court may do either of the following if an
individual violates any condition of swift and sure supervision:
(a) Modify the conditions of swift and sure supervision for
the limited purpose of imposing graduated sanctions.
(b) Place the individual in a jail or detention facility or
residential center for a period specified in the list of
presumptive sanctions or as otherwise provided under section 4(2)
of this chapter.
(2) A supervising agent intending to modify the conditions of
swift and sure supervision by imposing a graduated sanction shall
issue to the supervised individual a notice of this intended
sanction. The notice shall inform the supervised individual of each
violation alleged, the date of each violation, and the graduated
sanction to be imposed.
(3) The imposition of a graduated sanction by a supervising
agent shall comport with the system of graduated sanctions adopted
by the supervising authority under section 3 of this chapter. The
failure of the supervised individual to comply with a sanction
constitutes a violation of probation. Sanctions specified shall
become immediately effective.
(4) If a graduated sanction involves confinement in a jail or
detention facility, confinement is subject to approval by the chief
supervising agent, but the supervised individual may be taken into
custody for a period not to exceed 4 hours while the approval is
sought. If the supervised individual is employed, the supervising
agent shall, to the extent feasible, impose the sanction for
weekend days or other days or times when the supervised individual
is not working.
(5) A graduated sanction shall not be imposed for any
violation of probation that could warrant an additional, separate
felony charge. However, a graduated sanction may be imposed if the
violation is only based upon the individual's testing positive for
a controlled substance.
(6) If an individual successfully completes conditions imposed
under a graduated sanction, the court shall not revoke the assigned
term of swift and sure supervision or impose additional sanctions
for the same violation.
(7) If a supervising agent modifies the conditions of swift
and sure supervision by imposing a graduated sanction, the
supervising agent shall do all of the following:
(a) Deliver a copy of the modified conditions to the
supervised individual.
(b) File a copy of the modified conditions with the court.
(c) Note the date of delivery of the copy in the supervised
individual's file.
Sec. 8. The chief supervising agent shall review confinement
sanctions recommended by supervising agents on a quarterly basis to
assess any disparities that may exist among agents, evaluate the
effectiveness of the sanction as measured by the supervised
individuals' subsequent conduct, and monitor the impact on the
agency's number and type of revocations for violations of the
conditions of supervision.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
05717'12 a).
(b) Senate Bill No. 1140.