May 3, 2016, Introduced by Senators EMMONS, HORN, JONES, GREGORY, COLBECK, PROOS, WARREN, KNOLLENBERG, BRANDENBURG, GREEN and BOOHER and referred to the Committee on Michigan Competitiveness.
A bill to provide for the use of evidence-based supervision
practices; to prescribe the powers and duties of certain state
departments and local agencies; to require the adoption of certain
rules; to regulate the use of funds by certain state departments
and local agencies; and to require certain reports.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Agency" means both of the following:
(i) The department of corrections.
(ii) Any regional, local, or county governmental agency that
receives state funding and that is responsible for supervising
individuals who are placed on probation or who are serving a period
of parole or postrelease supervision from a prison or jail.
Agency does not include a district court probation department
established under section 8314 of the revised judicature act of
1961, 1961 PA 236, MCL 600.8314.
(b) "Case plan" means an individualized accountability and
behavior change strategy for supervised individuals that does all
of the following:
(i) Targets and prioritizes the specific criminal risk factors
of the offender.
(ii) Matches programs to the offender's individual
characteristics, such as gender, culture, motivational stage,
developmental stage, or learning style.
(iii) Establishes a timetable for achieving specific
behavioral goals, including a schedule for payment of victim
restitution, child support, and other financial obligations. A
timetable established under this subparagraph for payment of victim
restitution, child support, and other financial obligations is
subject to an ability to pay determination.
(iv) Specifies positive and negative actions that will be
taken in response to the supervised individual's behaviors.
(c) "Community supervision" means either of the following:
(i) The placement of an individual under supervision with
conditions imposed for a specified period if both of the following
apply:
(A) Criminal proceedings against the individual are deferred
without an adjudication of guilt.
(B) A sentence of imprisonment or confinement, imprisonment
and a fine, or confinement and a fine are imposed as terms of
probation and the imposition of the sentence is suspended in whole
or in part.
(ii) The placement of an individual under supervision after
release from prison or jail, with conditions imposed by the
releasing authority for a specified period of time.
(d) "Criminal risk factors" means characteristics and
behaviors that when addressed or changed affect an individual's
risk for committing crimes including antisocial attitudes, values,
and beliefs, poor impulse control, criminal personality, substance
abuse, criminal peers, dysfunctional family, or a lack of
employment or education.
(e) "Evidence-based practices" means supervision policies,
procedures, programs, and practices that scientific research
demonstrates reduce recidivism among individuals on probation,
parole, or postrelease supervision.
(f) "Program" means an intervention, other than medical
services, to which both of the following apply:
(i) It is intended to reduce recidivism by supervised
individuals.
(ii) It is funded in whole or in part by this state or is
administered by an agency of this state.
(g) "Recidivism" means the rearrest, reconviction, and
reincarceration in prison or jail of an individual within 3 and 5
years of the individual's release from incarceration, placement on
probation, or conviction, whichever is later, and probation and
parole violations as well as misdemeanor and felony convictions, if
recidivism data regarding technical probation and parole violations
are collected and maintained separately from data on new felony or
misdemeanor convictions.
(h) "Supervised individual" means an individual placed on
probation or serving a period of parole or postrelease supervision
from prison or jail.
(i) "Supervising officer" means a person appointed or employed
by an agency to supervise individuals placed on community
supervision.
Sec. 2. (1) The agency shall adopt policies, rules, and
regulations that within 4 years after the effective date of this
act result in all supervised individuals being supervised in
accordance with evidence-based practices, or practices developed
based upon evidence-based practices, in order to improve the
success rates of and to reduce recidivism rates for supervised
individuals. The agency shall consult with and seek recommendations
from local law enforcement agencies, including sheriff's
departments, circuit courts, county prosecutor's offices, and
community corrections programs, in adopting policies, rules, and
regulations for evidence-based supervision practices.
(2) The policies, rules, and regulations under subsection (1)
shall include all of the following:
(a) The adoption, validation, and utilization of an objective
risk and needs assessment tool.
(b) The use of assessment scores and other objective criteria
to determine the risk level and program needs of each supervised
individual, prioritizing supervision and program resources for
offenders who are at higher risk to reoffend.
(c) Definitions of low-, moderate-, and high-risk levels
during the period of supervision.
(d) The development of a case plan, based on the assessment
score, for each individual who is assessed to be moderate to high
risk. The case plan shall allow a supervised individual options for
programming from which he or she may make a selection. If a
supervised individual exercises his or her option to choose
programming rather than having the programming selected by his or
her supervising officer, the selected programming shall not be less
rigorous than the programming which the supervised individual would
have otherwise been required to complete. A case plan developed
under this subdivision is subject to conditions of supervision, if
any, imposed by a court having jurisdiction over the supervised
individual.
(e) The development of a case plan, based on the assessment
score, for each individual who is assessed to be low risk. The case
plan shall allow a supervised individual options for programming
from which he or she may make a selection. If a supervised
individual exercises his or her option to choose programming rather
than having the programming selected by his or her supervising
officer, the selected programming shall not be less rigorous than
the programming which the supervised individual would have
otherwise been required to complete. A case plan developed under
this subdivision is subject to conditions of supervision, if any,
imposed by a court having jurisdiction over the supervised
individual.
(f) The identification of swift, certain, proportionate, and
graduated responses that an agency employee will apply in response
to a supervised individual's compliant and noncompliant behaviors.
(g) The adoption of caseload guidelines that are based on
offender risk levels and take into account agency resources and
employee workload.
(h) The establishment of protocols and standards that assess
the degree to which agency policies, procedures, programs, and
practices relating to offender recidivism reduction are evidence-
based.
(3) Not more than 4 years after the effective date of this
act, all state funds expended on programs shall be for programs
that are in accordance with evidence-based practices or are
developed based upon evidence-based practices.
(4) Not more then 4 years after the effective date of this
act, the agency shall eliminate supervision policies, procedures,
programs, and practices intended to reduce recidivism that
scientific research demonstrates do not reduce recidivism.
Sec. 3. The agency shall adopt policies, rules, and
regulations that improve crime victim satisfaction with the
criminal justice system, including all of the following:
(a) The payment by supervised individuals of victim
restitution and child support.
(b) The opportunity for victims to complete victim impact
statements or provide input into presentence investigation reports.
(c) Providing victims information about their rights and
services, and referrals to access those rights and services.
(d) Offering victims the opportunity to complete a "victim
satisfaction survey" with data used to measure agency performance.
The department of the attorney general shall develop a victim
satisfaction survey for use by an agency under this subdivision.
(e) Facilitating victim-offender dialogue when the victim is
willing.
Sec. 4. (1) The agency shall provide its employees with
intensive initial and ongoing training and professional development
services to support the implementation of evidence-based practices.
(2) The training and professional development services
provided under subsection (1) shall include assessment techniques,
case planning, risk reduction and intervention strategies,
effective communication skills, substance abuse intervention
information, and other topics identified by the agency or its
employees.
Sec. 5. The department of corrections may form partnerships or
enter into contracts with institutions of higher education or other
qualified organizations for assistance with data collection,
analysis, and research.
Sec. 6. (1) Beginning in 2017, by March 1 of each year the
agency shall submit to the governor, the secretary of the senate,
the clerk of the house of representatives, and the supreme court
administrative office a comprehensive report on its efforts to
implement this act. The report shall include all of the following:
(a) The percentage and number of supervised individuals being
supervised in accordance with evidence-based practices.
(b) The amount of state funds expended for programs that are
evidence-based.
(c) A list of all programs, including an identification of all
programs that are evidence-based.
(d) An identification of all supervision policies, procedures,
programs, and practices that were eliminated.
(e) The results of victim satisfaction surveys administered
under section 3.
(f) The agency's recommendations for resource allocation, and
any additional collaboration with other state, regional, or local
public agencies, private entities, or faith-based or community
organizations.
(2) The agency shall make the full report required under
subsection (1) and an executive summary of that report available to
the general public on its website.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.