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.