BillCam

HOUSE BILL No. 4032

January 10, 2019, Introduced by Rep. Brann and referred to the Committee on Judiciary.

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) and subject to subsection (8), the

12 department shall collect a supervision fee of not more than

13 $135.00 $30.00 per month for each month of supervision in this

14 state for an offender transferred to this state under an

15 interstate compact who is being supervised without an electronic

16 monitoring device. If the offender is being supervised under this

17 subsection with an electronic monitoring device, the department

18 shall collect a supervision fee of $60.00 per month. In

19 determining the amount of the fee, the department shall consider

20 the offender's projected income and financial resources. The

21 department shall use the following table of projected monthly

22 income in determining the amount of the fee:

Projected Monthly Income

Amount of Fee

$ 0-249.99

$ 0.00

$ 250.00-499.99

$10.00

$ 500.00-749.99

$25.00

$ 750.00-999.99

$40.00

$1,000.00 or more

5% of monthly income, but not

more than $135.00

3 The department may collect a higher amount than indicated by

4 the table, up to the maximum of $135.00 for each month of

5 supervision in this state, if the department determines that the

6 offender has sufficient assets or other financial resources to

7 warrant the higher amount. If the department collects a higher

8 amount, the amount and the reasons for collecting that amount

9 shall be stated in the department records.

10 (4) The department shall waive any applicable supervision

11 fee for a person who is transferred to another state under the

12 interstate compact entered into pursuant to 1935 PA 89, MCL

13 798.101 to 798.103, or the interstate compact entered into

14 pursuant to the interstate compact for adult offender

15 supervision, 2002 PA 40, MCL 3.1011 to 3.1012, if the department

16 determines that the offender is indigent.

17 (5) (4) If a person who is subject to a supervision fee is

18 also subject to any combination of fines, costs, restitution

19 orders, assessments, or payments arising out of the same criminal

20 proceeding, the allocation of money collected for those

21 obligations shall must be as otherwise provided in the code of

22 criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.

23 (6) (5) Twenty percent of the money collected by the

24 department under this section shall must be allocated for

25 administrative costs incurred by the department in collecting

26 supervision fees and for enhanced services, as described in this

1 subsection. Enhanced services include, but are not limited to,

2 the purchase of services for offenders such as counseling,

3 employment training, employment placement, or education; public

4 transportation expenses related to training, counseling, or

5 employment; enhancement of staff performance through specialized

6 training and equipment purchase; and purchase of items for

7 offender employment. The department shall develop priorities for

8 expending the money for enhanced services in consultation with

9 circuit judges in this state. At the end of each fiscal year, the

10 unexpended balance of the money allocated for administrative

11 costs and enhanced services shall must be available for

12 carryforward to be used for the purposes described in this

13 subsection in subsequent fiscal years.

14 (7) (6) If a person has not paid the full amount of a

15 supervision fee upon being discharged from probation, or upon

16 termination of the period of delayed sentence for a person

17 subject to delayed sentence, the department shall review and

18 compare the actual income of the person during the period of

19 probation or delayed sentence with the income amount projected

20 when the supervision fee was ordered. If the department

21 determines that the person's actual income did not equal or

22 exceed the projected income, the department shall waive any

23 unpaid amount in excess of the total amount that the person would

24 have been ordered to pay if the person's income had been

25 accurately projected, unless the court order states that a higher

26 amount was ordered due to available assets or other financial

27 resources. Any unpaid amounts not waived by the department shall

1 be reported report the unpaid balance to the department of

2 treasury. The department of treasury shall attempt to collect the

3 unpaid balances pursuant to section 30a of 1941 PA 122, MCL

4 205.30a. Money collected under this subsection shall must not be

5 allocated for the purposes described in subsection (5).(6).

6 (8) Beginning October 1, 2019 and each October 1 thereafter,

7 the state court administrative office shall determine the fee

8 amount for the fees required to be collected under subsection (3)

9 to ensure that the total funds collected by the department under

10 this section are not less than those collected under this section

11 in the fiscal year that immediately preceded the year that the

12 amendatory act that added this subsection becomes effective.

13 (9) The department shall not collect any fees for offenders

14 supervised under this section for electronic monitoring other

15 than the fees required to be collected under subsection (3).

16 (10) As used in this section, "electronic monitoring device"

17 includes any electronic device or instrument that is used to

18 track the location of an individual, enforce a curfew, or detect

19 the presence of alcohol.

20 Sec. 36a. (1) The Except as provided in subsection (6) and

21 subject to subsection (8), the parole board shall include in each

22 order of parole that the department of corrections shall collect

23 a parole supervision fee of not more than $135.00 $30.00

24 multiplied by the number of months of parole ordered, but not

25 more than 60 months if the individual is placed on parole

26 supervision without an electronic monitoring device. If the

27 individual is placed on parole supervision under this subsection

1 with an electronic monitoring device, the parole board shall

2 include in each order of parole that the department shall collect

3 a parole supervision fee of $60.00 multiplied by the number of

4 months of parole ordered, but not more than 60 months. The fee is

5 payable when the parole order is entered, but the fee may be paid

6 in monthly installments if the parole board approves installment

7 payments for that parolee. In determining the amount of the fee,

8 the parole board shall consider the parolee's projected income

9 and financial resources. The parole board shall use the following

10 table of projected monthly income in determining the amount of

11 the fee to be ordered:

Projected Monthly Income

Amount of Fee

$ 0-249.99

$ 0.00

$ 250.00-499.99

$10.00

$ 500.00-749.99

$25.00

$ 750.00-999.99

$40.00

$1,000.00 or more

5% of monthly income, but not

more than $135.00

19 The parole board may order a higher amount than indicated by

20 the table, up to the maximum of $135.00 multiplied by the number

21 of months of parole ordered but not more than 60 months, if the

22 parole board determines that the parolee has sufficient assets or

23 other financial resources to warrant the higher amount. If the

24 parole board orders a higher amount, the amount and the reasons

25 for ordering that amount shall be stated in the parole order.

26 (2) If a person who is subject to a supervision fee is also

1 subject to any combination of fines, costs, restitution,

2 assessments, or payments arising out of the same criminal

3 proceeding, the allocation of money collected for those

4 obligations shall must be as provided in section 22 of chapter XV

5 of the code of criminal procedure, 1927 PA 175, MCL 775.22.

6 (3) A person shall must not be subject to more than 1 parole

7 supervision fee at the same time. If a parole supervision fee is

8 ordered for a parolee for any month or months during which that

9 parolee already is subject to a parole supervision fee, the

10 department shall waive the fee having the shorter remaining

11 duration.

12 (4) The department shall waive the parole supervision fee

13 for a parolee who is transferred to another state under the

14 interstate compact entered into pursuant to 1935 PA 89, MCL

15 798.101 to 798.103, or the interstate compact entered into

16 pursuant to the interstate compact for adult offender

17 supervision, 2002 PA 40, MCL 3.1011 to 3.1012, for the months

18 during which he or she is in another state. The department shall

19 collect a parole supervision fee of not more than $135.00 $30.00

20 per month for each month of parole supervision in this state for

21 an offender transferred to this state under an interstate compact

22 if the offender is placed on parole supervision without an

23 electronic monitoring device. If the offender is placed on parole

24 supervision under this subsection with an electronic monitoring

25 device, the department of corrections shall collect a parole

26 supervision fee of $60.00 per month for each month of parole

27 supervision in this state. In determining the amount of the fee,

1 the department shall consider the parolee's projected income and

2 financial resources. The department shall use the following table

3 of projected monthly income in determining the amount of the fee:

Projected Monthly Income

Amount of Fee

$ 0-249.99

$ 0.00

$ 250.00-499.99

$10.00

$ 500.00-749.99

$25.00

$ 750.00-999.99

$40.00

$1,000.00 or more

5% of monthly income, but not

more than $135.00

11 The department may collect a higher amount than indicated by

12 the table, up to the maximum of $135.00 for each month of parole

13 supervision in this state, if the department determines that the

14 parolee has sufficient assets or other financial resources to

15 warrant the higher amount. If the department collects a higher

16 amount, the amount and the reasons for collecting that amount

17 shall be stated in the department records.

18 (5) Twenty percent of the money collected by the department

19 under this section shall must be allocated for administrative

20 costs incurred by the department in collecting parole supervision

21 fees and for enhanced services, as described in this subsection.

22 Enhanced services include, but are not limited to, the purchase

23 of services for parolees such as counseling, employment training,

24 employment placement, or education; public transportation

25 expenses related to training, counseling, or employment;

26 enhancement of staff performance through specialized training and

1 equipment purchase; and purchase of items for parolee employment.

2 At the end of each fiscal year, the unexpended balance of the

3 money allocated for administrative costs and enhanced services

4 shall must be available for carryforward to be used for the

5 purposes described in this subsection in subsequent fiscal years.

6 (6) The department shall waive the supervision fee under

7 subsections (1) and (4) if the department determines that an

8 offender is indigent.

9 (7) The department shall not collect any fees for offenders

10 supervised under this section for electronic monitoring in excess

11 of the fees required to be collected under subsections (1) and

12 (4).

13 (8) Beginning October 1, 2019 and each October 1 thereafter,

14 the department shall determine the fee amount for the fees

15 required to be collected under subsections (1) and (4) to ensure

16 that the total funds collected by the department under this

17 section are not less than those collected under this section in

18 the fiscal year that immediately preceded the year that the

19 amendatory act that added this subsection becomes effective.

20 (9) (6) If a parolee has not paid the full amount of the

21 parole supervision fee upon being discharged from parole, the

22 department shall review and compare the actual income of the

23 person during the period of parole with the income amount

24 projected when the parole supervision fee was ordered. If the

25 department determines that the parolee's actual income did not

26 equal or exceed the projected income, the department shall waive

27 any unpaid amount in excess of the total amount that the parolee

1 would have been ordered to pay if the parolee's income had been

2 accurately projected, unless the parole order states that a

3 higher amount was ordered due to available assets or other

4 financial resources. Any unpaid amounts not waived by the

5 department shall be reported report the unpaid amount to the

6 department of treasury. The department of treasury shall attempt

7 to collect the unpaid balances pursuant to section 30a of 1941 PA

8 122, MCL 205.30a. Money collected under this subsection shall

9 must not be allocated for the purposes described in subsection

10 (5).

11 (10) As used in this section, "electronic monitoring device"

12 includes any electronic device or instrument that is used to

13 track the location of an individual, enforce a curfew, or detect

14 the presence of alcohol.

15 Sec. 85. (1) The lifetime electronic monitoring program is

16 established in the department. The lifetime electronic monitoring

17 program shall must implement a system of monitoring individuals

18 released from parole, prison, or both parole and prison who are

19 sentenced by the court to lifetime electronic monitoring. The

20 lifetime electronic monitoring program shall must accomplish all

21 of the following:

22 (a) By electronic means, track the movement and location of

23 each individual from the time the individual is released on

24 parole or from prison until the time of the individual's death.

25 (b) Develop methods by which the individual's movement and

26 location may be determined, both in real time and recorded time,

27 and recorded information retrieved upon request by the court or a

1 law enforcement agency.

2 (2) An Subject to subsection (3), an individual who is

3 sentenced to lifetime electronic monitoring shall wear or

4 otherwise carry an electronic monitoring device as determined by

5 the department under the lifetime electronic monitoring program

6 in the manner prescribed by that program and shall reimburse the

7 department or its agent for the actual cost of electronically

8 monitoring the individual.as provided under section 36a while the

9 individual is still on parole, and at the rate of $60.00 per

10 month after the individual is discharged from parole but is still

11 subject to electronic monitoring.

12 (3) Beginning October 1, 2019 and each October 1 thereafter,

13 the department shall determine the fee amount for the fees that

14 must be collected under subsection (2) to ensure that the total

15 funds collected by the department under this section are not less

16 than those collected under this section in the fiscal year that

17 immediately preceded the year that the amendatory act that added

18 this subsection becomes effective.

19 (4) (3) As used in this section, "electronic monitoring"

20 means a device by which, through global positioning system

21 satellite or other means, an individual's movement and location

22 are tracked and recorded.

23 Enacting section 1. This amendatory act takes effect 90 days

24 after the date it is enacted into law.

25 Enacting section 2. This amendatory act does not take effect

26 unless Senate Bill No.____ or House Bill No. 4031 (request no.

27 00161'19) of the 100th Legislature is enacted into law.