HB-4032, As Passed House, May 2, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4032
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 25a, 36a, and 85 (MCL 791.225a, 791.236a,
and 791.285), sections 25a and 36a as amended by 2002 PA 502 and
section 85 as added by 2006 PA 172.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 25a. (1) The department shall collect supervision fees
2 ordered under section 13(2) 13 of chapter II or section 1 or 3c
3 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL
4 762.13, 771.1, and 771.3c. The department shall maintain records
5 of supervision fees ordered by the court, including records of
6 payment by persons subject to supervision fees and any amounts of
7 supervision fees past due and owing.
8 (2) A supervision fee is payable when the order of delayed
1 sentence or order of probation is entered, unless the court
2 allows a person who is subject to a supervision fee to pay the
3 fee in monthly installments.
4 (3) The department shall waive any applicable supervision
5 fee for a person who is transferred to another state under the
6 interstate compact entered into pursuant to 1935 PA 89, MCL
7 798.101 to 798.103, or the interstate compact entered into
8 pursuant to the interstate compact for adult offender
9 supervision, 2002 PA 40, MCL 3.1011 to 3.1012, for the months
10 during which he or she is in another state. The Except as
11 provided in subsection (4), the department shall collect a
12 supervision fee of not more than $135.00 $30.00 per month for
13 each month of supervision in this state for an offender
14 transferred to this state under an interstate compact who is
15 being supervised without an electronic monitoring device. If the
16 offender is being supervised under this subsection with an
17 electronic monitoring device, the department shall collect a
18 supervision fee of $60.00 per month. In determining the amount of
19 the fee, the department shall consider the offender's projected
20 income and financial resources. The department shall use the
21 following table of projected monthly income in determining the
22 amount of the fee:
23
Projected Monthly Income
Amount of Fee
24
$ 0-249.99
$ 0.00
25
$ 250.00-499.99
$10.00
26
$ 500.00-749.99
$25.00
1
$ 750.00-999.99
$40.00
2
$1,000.00 or more
5% of monthly income, but not
3
more than $135.00
4 The department may collect a higher amount than indicated by
5 the table, up to the maximum of $135.00 for each month of
6 supervision in this state, if the department determines that the
7 offender has sufficient assets or other financial resources to
8 warrant the higher amount. If the department collects a higher
9 amount, the amount and the reasons for collecting that amount
10 shall be stated in the department records.
11 (4) The department shall waive any applicable supervision
12 fee for a person who is transferred to another state under the
13 interstate compact entered into pursuant to 1935 PA 89, MCL
14 798.101 to 798.103, or the interstate compact entered into
15 pursuant to the interstate compact for adult offender
16 supervision, 2002 PA 40, MCL 3.1011 to 3.1012, if the department
17 determines that the offender is indigent.
18 (5) (4) If a person who is subject to a supervision fee is
19 also subject to any combination of fines, costs, restitution
20 orders, assessments, or payments arising out of the same criminal
21 proceeding, the allocation of money collected for those
22 obligations shall must be as otherwise provided in the code of
23 criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.
24 (6) (5) Twenty percent of the money collected by the
25 department under this section shall must be allocated for
26 administrative costs incurred by the department in collecting
1 supervision fees and for enhanced services, as described in this
2 subsection. Enhanced services include, but are not limited to,
3 the purchase of services for offenders such as counseling,
4 employment training, employment placement, or education; public
5 transportation expenses related to training, counseling, or
6 employment; enhancement of staff performance through specialized
7 training and equipment purchase; and purchase of items for
8 offender employment. The department shall develop priorities for
9 expending the money for enhanced services in consultation with
10 circuit judges in this state. At the end of each fiscal year, the
11 unexpended balance of the money allocated for administrative
12 costs and enhanced services shall must be available for
13 carryforward to be used for the purposes described in this
14 subsection in subsequent fiscal years.
15 (7) (6) If a person has not paid the full amount of a
16 supervision fee upon being discharged from probation, or upon
17 termination of the period of delayed sentence for a person
18 subject to delayed sentence including a person under supervision
19 on the effective date of the amendatory act that amended this
20 subsection, the department shall review and compare the actual
21 income of the person during the period of probation or delayed
22 sentence with the income amount projected when the supervision
23 fee was ordered. If the department determines that the person's
24 actual income did not equal or exceed the projected income, the
25 department shall waive any unpaid amount in excess of the total
26 amount that the person would have been ordered to pay if the
27 person's income had been accurately projected, unless the court
1 order states that a higher amount was ordered due to available
2 assets or other financial resources. waive any amount in excess
3 of the aggregate sum of $30.00 per month for each month the
4 offender was supervised without an electronic monitoring device
5 and $60.00 per month for each month the offender was monitored
6 with an electronic monitoring device. Any unpaid amounts not
7 waived by the department shall must be reported to the department
8 of treasury. The department of treasury shall attempt to collect
9 the unpaid balances pursuant to section 30a of 1941 PA 122, MCL
10 205.30a. Money collected under this subsection shall must not be
11 allocated for the purposes described in subsection (5).(6).
12 (8) The department shall not collect any fees for offenders
13 supervised under this section for electronic monitoring other
14 than the fees required to be collected under subsection (3).
15 (9) As used in this section, "electronic monitoring device"
16 includes any electronic device or instrument that is used to
17 track the location of an individual, enforce a curfew, or detect
18 the presence of alcohol in an individual's body.
19 Sec. 36a. (1) The Except as provided in subsection (6), the
20 parole board shall include in each order of parole that the
21 department of corrections shall collect a parole supervision fee
22 of not more than $135.00 $30.00 multiplied by the number of
23 months of parole ordered, but not more than 60 months if the
24 individual is placed on parole supervision without an electronic
25 monitoring device. If the individual is placed on parole
26 supervision under this subsection with an electronic monitoring
27 device, the parole board shall include in each order of parole
1 that the department shall collect a parole supervision fee of
2 $60.00 multiplied by the number of months of parole ordered, but
3 not more than 60 months. The fee is payable when the parole order
4 is entered, but the fee may be paid in monthly installments if
5 the parole board approves installment payments for that parolee.
6 In determining the amount of the fee, the parole board shall
7 consider the parolee's projected income and financial resources.
8 The parole board shall use the following table of projected
9 monthly income in determining the amount of the fee to be
10 ordered:
11
Projected Monthly Income
Amount of Fee
12
$ 0-249.99
$ 0.00
13
$ 250.00-499.99
$10.00
14
$ 500.00-749.99
$25.00
15
$ 750.00-999.99
$40.00
16
$1,000.00 or more
5% of monthly income, but not
17
more than $135.00
18 The parole board may order a higher amount than indicated by
19 the table, up to the maximum of $135.00 multiplied by the number
20 of months of parole ordered but not more than 60 months, if the
21 parole board determines that the parolee has sufficient assets or
22 other financial resources to warrant the higher amount. If the
23 parole board orders a higher amount, the amount and the reasons
24 for ordering that amount shall be stated in the parole order.
25 (2) If a person who is subject to a supervision fee is also
26 subject to any combination of fines, costs, restitution,
1 assessments, or payments arising out of the same criminal
2 proceeding, the allocation of money collected for those
3 obligations shall must be as provided in section 22 of chapter XV
4 of the code of criminal procedure, 1927 PA 175, MCL 775.22.
5 (3) A person shall must not be subject to more than 1 parole
6 supervision fee at the same time. If a parole supervision fee is
7 ordered for a parolee for any month or months during which that
8 parolee already is subject to a parole supervision fee, the
9 department shall waive the fee having the shorter remaining
10 duration.
11 (4) The department shall waive the parole supervision fee
12 for a parolee who is transferred to another state under the
13 interstate compact entered into pursuant to 1935 PA 89, MCL
14 798.101 to 798.103, or the interstate compact entered into
15 pursuant to the interstate compact for adult offender
16 supervision, 2002 PA 40, MCL 3.1011 to 3.1012, for the months
17 during which he or she is in another state. The department shall
18 collect a parole supervision fee of not more than $135.00 $30.00
19 per month for each month of parole supervision in this state for
20 an offender transferred to this state under an interstate compact
21 if the offender is placed on parole supervision without an
22 electronic monitoring device. If the offender is placed on parole
23 supervision under this subsection with an electronic monitoring
24 device, the department of corrections shall collect a parole
25 supervision fee of $60.00 per month for each month of parole
26 supervision in this state. In determining the amount of the fee,
27 the department shall consider the parolee's projected income and
1 financial resources. The department shall use the following table
2 of projected monthly income in determining the amount of the fee:
3
Projected Monthly Income
Amount of Fee
4
$ 0-249.99
$ 0.00
5
$ 250.00-499.99
$10.00
6
$ 500.00-749.99
$25.00
7
$ 750.00-999.99
$40.00
8
$1,000.00 or more
5% of monthly income, but not
9
more than $135.00
10 The department may collect a higher amount than indicated by
11 the table, up to the maximum of $135.00 for each month of parole
12 supervision in this state, if the department determines that the
13 parolee has sufficient assets or other financial resources to
14 warrant the higher amount. If the department collects a higher
15 amount, the amount and the reasons for collecting that amount
16 shall be stated in the department records.
17 (5) Twenty percent of the money collected by the department
18 under this section shall must be allocated for administrative
19 costs incurred by the department in collecting parole supervision
20 fees and for enhanced services, as described in this subsection.
21 Enhanced services include, but are not limited to, the purchase
22 of services for parolees such as counseling, employment training,
23 employment placement, or education; public transportation
24 expenses related to training, counseling, or employment;
25 enhancement of staff performance through specialized training and
26 equipment purchase; and purchase of items for parolee employment.
1 At the end of each fiscal year, the unexpended balance of the
2 money allocated for administrative costs and enhanced services
3 shall must be available for carryforward to be used for the
4 purposes described in this subsection in subsequent fiscal years.
5 (6) The department shall waive the supervision fee under
6 subsections (1) and (4) if the department determines that an
7 offender is indigent.
8 (7) The department shall not collect any fees for offenders
9 supervised under this section for electronic monitoring in excess
10 of the fees required to be collected under subsections (1) and
11 (4).
12 (8) (6) If a parolee has not paid the full amount of the
13 parole supervision fee upon being discharged from parole
14 including a parolee being supervised on parole on the effective
15 date of the amendatory act that amended this subsection, the
16 department shall review and compare the actual income of the
17 person during the period of parole with the income amount
18 projected when the parole supervision fee was ordered. If the
19 department determines that the parolee's actual income did not
20 equal or exceed the projected income, the department shall waive
21 any unpaid amount in excess of the total amount that the parolee
22 would have been ordered to pay if the parolee's income had been
23 accurately projected, unless the parole order states that a
24 higher amount was ordered due to available assets or other
25 financial resources. waive any amount in excess of the aggregate
26 sum of $30.00 per month for each month a parolee was supervised
27 without an electronic monitoring device and $60.00 per month for
1 each month the parolee was supervised with an electronic
2 monitoring device. Any unpaid amounts not waived by the
3 department shall must be reported to the department of treasury.
4 The department of treasury shall attempt to collect the unpaid
5 balances pursuant to section 30a of 1941 PA 122, MCL 205.30a.
6 Money collected under this subsection shall must not be allocated
7 for the purposes described in subsection (5).
8 (9) As used in this section, "electronic monitoring device"
9 includes any electronic device or instrument that is used to
10 track the location of an individual, enforce a curfew, or detect
11 the presence of alcohol in an individual's body.
12 Sec. 85. (1) The lifetime electronic monitoring program is
13 established in the department. The lifetime electronic monitoring
14 program shall must implement a system of monitoring individuals
15 released from parole, prison, or both parole and prison who are
16 sentenced by the court to lifetime electronic monitoring. The
17 lifetime electronic monitoring program shall must accomplish all
18 of the following:
19 (a) By electronic means, track the movement and location of
20 each individual from the time the individual is released on
21 parole or from prison until the time of the individual's death.
22 (b) Develop methods by which the individual's movement and
23 location may be determined, both in real time and recorded time,
24 and recorded information retrieved upon request by the court or a
25 law enforcement agency.
26 (2) An individual who is sentenced to lifetime electronic
27 monitoring shall wear or otherwise carry an electronic monitoring
1 device as determined by the department under the lifetime
2 electronic monitoring program in the manner prescribed by that
3 program and shall reimburse the department or its agent for the
4 actual cost of electronically monitoring the individual.as
5 provided under section 36a while the individual is still on
6 parole, and at the rate of $60.00 per month after the individual
7 is discharged from parole but is still subject to electronic
8 monitoring.
9 (3) As used in this section, "electronic monitoring" means a
10 device by which, through global positioning system satellite or
11 other means, an individual's movement and location are tracked
12 and recorded.
13 Enacting section 1. This amendatory act takes effect 90 days
14 after the date it is enacted into law.
15 Enacting section 2. This amendatory act does not take effect
16 unless House Bill No. 4031 of the 100th Legislature is enacted
17 into law.