SB-1009, As Passed House, June 12, 2018

SB-1009, As Passed Senate, May 29, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1009

 

 

May 16, 2018, Introduced by Senator GREGORY and referred to the Committee on Oversight.

 

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending sections 11a, 40, and 65c (MCL 791.211a, 791.240, and

 

791.265c), section 11a as amended by 1998 PA 204, section 40 as

 

added by 2006 PA 487, and section 65c as amended by 1993 PA 34.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11a. (1) The director of corrections may enter into

 

contracts on behalf of this state as the director considers

 

appropriate to implement the participation of this state in the

 

interstate corrections compact pursuant to under article III of the

 

interstate corrections compact. The contracts may authorize

 

confinement of prisoners in, or transfer of prisoners from,

 

correctional facilities under the jurisdiction of the department.

 

of corrections. A contract shall must not authorize the confinement


of a prisoner who is in the custody of the department in an

 

institution of a state other than a state that is a party to the

 

interstate corrections compact. When transferring prisoners to

 

institutions of other states under this section, the director shall

 

endeavor to ensure that the transfers do not disproportionately

 

affect groups of prisoners according to race, religion, color,

 

creed, or national origin.

 

     (2) The director of corrections shall first determine, on the

 

basis of an inspection made by his or her direction, that an

 

institution of another state is a suitable place for confinement of

 

prisoners committed to his or her custody before entering into a

 

contract permitting that confinement, and shall, at least annually,

 

redetermine the suitability of that confinement. In determining the

 

suitability of an institution of another state, the director shall

 

determine that the institution maintains standards of care and

 

discipline not incompatible with those of this state and that all

 

inmates confined in that institution are treated equitably,

 

regardless of race, religion, color, creed, or national origin.

 

     (3) In considering transfers of prisoners out-of-state

 

pursuant to under the interstate corrections compact due to bed

 

space needs the department shall do all of the following:

 

     (a) Consider first prisoners who volunteer to transfer as long

 

as they meet the eligibility criteria for such transfer.

 

     (b) Provide law library materials including Michigan Compiled

 

Laws, Michigan state and federal cases, and U.S. sixth circuit

 

court United States Sixth Circuit Court cases.

 

     (c) Not transfer a prisoner who has a significant medical or


mental health need.

 

     (d) Use objective criteria in determining which prisoners to

 

transfer.

 

     (4) Unless a prisoner consents in writing, a prisoner

 

transferred under the interstate corrections compact due to bed

 

space needs shall must not be confined in another state for more

 

than 1 year.

 

     (5) A prisoner who is transferred to an institution of another

 

state under this section shall must receive all of the following

 

while in the receiving state:

 

     (a) Mail services and access to the court.

 

     (b) Visiting and telephone privileges.

 

     (c) Occupational and vocational programs such as GED-ABE and

 

appropriate vocational programs for his or her level of custody.

 

     (d) Programs such as substance abuse programs, sex offender

 

programs, and life skills development.

 

     (e) Routine and emergency health care, dental care, and mental

 

health services.

 

     (6) One year after April 13, 1994 and annually after that

 

date, the department shall report all of the following to the

 

senate and house committees responsible for legislation concerning

 

corrections and to the appropriations subcommittees on corrections:

 

     (a) The number of prisoners transferred to or from

 

correctional facilities in this state pursuant to the interstate

 

corrections compact.

 

     (b) The cost to the state of the transfers described in

 

subdivision (a).


     (c) The reasons for the transfers described in subdivision

 

(a).

 

     Sec. 40. (1) If a prisoner serving a sentence for conviction

 

of a violent felony is placed on parole, both of the following

 

special provisions apply:

 

     (a) The supervising parole agent shall make a home call within

 

the first 45 days after the prisoner is placed on parole.

 

     (b) The supervising parole agent shall do a LEIN check not

 

less than quarterly for that parolee and not later than 1 month

 

before a parolee is discharged from parole.

 

     (2) If a prisoner who has a history of substance abuse is

 

placed on parole and is assigned to intensive, maximum, or medium

 

parole supervision, the department shall require as a condition of

 

parole that the parolee submit to substance abuse testing at least

 

twice each month.

 

     (3) Not later than April 1 of each year, the department shall

 

report to the legislature on the number of parolees who are

 

returned to state correctional facilities for a violation of parole

 

involving the use of alcohol or a controlled substance during the

 

preceding calendar year. The report shall specify the number of

 

parolees who are returned to a state correctional facility after 1

 

such violation, 2 such violations, 3 such violations, 4 such

 

violations, and 5 or more such violations.

 

     (3) (4) The department shall report to the legislature on a

 

quarterly basis both of the following:

 

     (a) The number of parolees who are absconders.

 

     (b) The number of parolees who have been absconders for more


than 3 months.

 

     (4) (5) As used in this section:

 

     (a) "LEIN" means the law enforcement information network

 

regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL

 

28.211 to 28.215.

 

     (b) "Substance abuse" means the taking of alcohol or other

 

drugs at dosages that place an individual's social, economic,

 

psychological, and physical welfare in potential hazard or to the

 

extent that an individual loses the power of self-control as a

 

result of the use of alcohol or drugs, or while habitually under

 

the influence of alcohol or drugs, endangers public health, morals,

 

safety, or welfare, or a combination thereof.

 

     (c) "Violent felony" means that term as defined in section 36.

 

     Sec. 65c. (1) As used in this section, "work camp" means a

 

correctional facility that houses prisoners who are made available

 

for work as provided in subsection (3).

 

     (2) The department may construct, maintain, and operate work

 

camps for the purpose of housing prisoners who are under its

 

jurisdiction.

 

     (3) Prisoners assigned to work camps may be provided an

 

opportunity to do any of the following, as long as the department

 

has reasonable cause to believe the prisoner will honor the trust

 

placed in him or her by such an assignment:

 

     (a) Perform meaningful work at paid employment in the

 

community.

 

     (b) Provide labor on public works projects.

 

     (c) Perform meaningful work on projects that serve the public


interest or a charitable purpose and are operated by organizations

 

that are exempt from taxation under section 501(c)(3) of the

 

internal revenue code. Work performed by prisoners pursuant to

 

under this subdivision shall must not result in a competitive

 

disadvantage to a for profit enterprise.

 

     (4) Prisoners made available for work under subsection (3)(c)

 

shall must not be assigned to work on projects in a manner that

 

results in the displacement of employed persons in the community or

 

the replacement of workers on strike or locked out of work. If a

 

collective bargaining agreement is in effect at a place of

 

employment that is the site of a proposed work project under

 

subsection (3)(c), that bargaining unit must agree to the

 

assignment of prisoners at the place of employment before the

 

assignment is made.

 

     (5) The warden at a correctional facility that makes prisoners

 

available for work under subsection (3)(c) shall appoint a 7-member

 

citizens advisory committee for the purpose of obtaining public

 

input on proposals for assigning prisoners to work on those

 

projects. The committee shall must include broad representation

 

from the community in which the proposed work project is to be

 

located, including representatives of business, community service,

 

and religious organizations and the president of the local AFL-CIO

 

central labor council, or his or her designee. Before prisoners are

 

assigned to a proposed work project, the proposed assignment shall

 

must be reviewed by the citizens advisory committee.

 

     (6) The department annually shall submit to the house and

 

senate appropriations subcommittees on corrections a report on work


projects in which prisoners are made available for work under

 

subsection (3)(c), including, but not limited to, the number of

 

work projects, the number of prisoners placed on each work project,

 

the type of work performed, and any problems raised by an advisory

 

committee with respect to the work project.

 

     (6) (7) The willful failure of a prisoner to report to or

 

return from an assignment to paid employment in the community or on

 

a public work project within the time prescribed, or to remain

 

within the prescribed limits of such an assignment, shall be is

 

considered an escape from lawful custody as provided in section

 

193(3) of the Michigan penal code, Act No. 328 of the Public Acts

 

of 1931, as amended, being section 750.193 of the Michigan Compiled

 

Laws.1931 PA 328, MCL 750.193.

 

     (7) (8) Prisoners employed at paid employment in the community

 

shall reimburse the department for food, clothing, and daily travel

 

expenses to and from work for days worked.

 

     (8) (9) The wages of prisoners employed at paid employment in

 

the community shall must be collected by the work camp responsible

 

for the prisoner's care.

 

     (9) (10) A work camp collecting wages of a prisoner pursuant

 

to under subsection (9) (8) shall disperse wages collected in the

 

following priority order:

 

     (a) Reimbursement to the department pursuant to under

 

subsection (8).(7).

 

     (b) Support of the prisoner's dependents who are receiving

 

public assistance up to the maximum of the public assistance

 

benefit but not exceeding 50% of the prisoner's net earnings.


     (c) For prisoners without dependents receiving public

 

assistance, 50% of the prisoner's net earnings shall must be

 

placed, at the prisoner's option, in either the prisoner's personal

 

noninstitutional savings account or in escrow by the department for

 

use by the prisoner upon release.

 

     (d) The balance, if any, to the prisoner's institutional

 

account.

 

     (10) (11) An employer who employs a prisoner pursuant to under

 

this section for work to which Act No. 166 of the Public Acts of

 

1965, as amended, being sections 1965 PA 166, MCL 408.551 to

 

408.558, of the Michigan Compiled Laws, applies shall pay the

 

prisoner the prevailing wage as provided in that act.

 

     (11) (12) An employer who employs a prisoner pursuant to under

 

this section for work that is not under Act No. 166 of the Public

 

Acts of 1965, as amended, 1965 PA 166, MCL 408.551 to 408.558,

 

shall pay the prisoner not less than the wage the employer pays to

 

other employees with similar skills and experience.

 

     (12) (13) The department shall promulgate rules pursuant to

 

under the Administrative administrative procedures act of 1969, Act

 

No. 306 of the Public Acts of 1969, as amended, being sections

 

24.201 to 24.328 of the Michigan Compiled Laws, 1969 PA 306, MCL

 

24.201 to 24.328, to establish criteria by which the department

 

shall determine eligibility for participation in the programs of

 

paid employment in the community established by this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.