July 21, 2010, Introduced by Senator NOFS and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 32 to chapter V.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec. 32. (1) As used in this section:
(a) "Nonsecured release" means the release of a defendant from
pretrial custody without a condition of financial guarantee.
(b) "Pretrial release agency" or "PRA" means a program funded
in whole or in part by this state or a political subdivision of
this state whose function includes, but is not limited to,
recommendations for the secured or nonsecured release of defendants
in criminal cases.
(c) "Secured release" means the release of a defendant from
pretrial custody with a condition of a financial guarantee,
including, but not limited to, cash or surety bond.
(2) A pretrial release agency shall prepare a register
containing information regarding defendants in criminal cases who
are recommended for nonsecured release by the PRA. This register
shall be located in the office of the clerk of the court in which
the PRA is located, be readily available for public viewing, and
contain all of the following information about the defendant
updated each week:
(a) A list of all charges.
(b) A list of prior criminal convictions, if any.
(c) The date of required court appearances and any required
court appearances at which the defendant failed to appear.
(d) Status of the issuance of a bench warrant.
(e) A list of instances of the pretrial release agency's
failure to comply with the requirements of this section.
(3) Before the end of the first quarter of each calendar year,
a pretrial release agency shall submit an annual report to the
chief judge of the circuit court in each judicial circuit in which
the PRA operates. This annual report shall contain all of the
following information for the immediately previous calendar year:
(a) The PRA's complete operating budget.
(b) The number of personnel employed by the PRA.
(c) The total number of pretrial release recommendations made
by the PRA.
(d) The total number of cases the PRA reviewed for pretrial
release recommendations.
(e) The number of cases in which the PRA did not recommend
nonsecured release.
(f) The number of defendants granted nonsecured release upon
the PRA's positive recommendation.
(g) The average period of time each defendant was incarcerated
before being granted nonsecured release upon the PRA's
recommendation.
(h) The total number of cases in which a defendant was granted
nonsecured release upon the PRA's positive recommendation and the
defendant missed 1 or more required courts dates within 1 year of
that release.
(i) The total number of cases in which a defendant was granted
nonsecured release upon the PRA's positive recommendation and the
court issued a bench warrant for the arrest of the defendant.
(j) The total number of cases in which a defendant was granted
nonsecured release upon the PRA's positive recommendation, the
court issued a bench warrant for the arrest of the defendant, and
the bench warrant was not served on the defendant 1 year after the
date it was issued.
(k) The total number of cases in which a defendant was granted
nonsecured release upon the PRA's positive recommendation and a
warrant was issued for the defendant for additional criminal
charges not more than 1 year after the nonsecured release.
(l) The total number of cases in which a defendant was granted
nonsecured release upon the PRA's positive recommendation and the
defendant was arrested for a new offense while on nonsecured
release.
(m) An accounting of the percentage of the PRA's annual budget
allocated to assisting defendants eligible for secured release in
obtaining their own release through a program not funded in whole
or in part by this state or a political subdivision of this state.
(4) A pretrial release agency shall not use the funds of this
state or a political subdivision of this state to comply with the
requirements of this section.
(5) If the chief judge of a court of this state determines
that a pretrial release agency has violated this section, the chief
judge shall order sanctions as follows:
(a) For a first violation, the PRA shall immediately prepare a
written report explaining the PRA's failure to comply with the
requirements of this section, the measures the PRA will take to
achieve compliance, and the date by which compliance will be
achieved.
(b) For a second or subsequent violation, the PRA shall be
ordered to show cause why it should not be sanctioned. If the PRA
fails to show cause under this subdivision, the chief judge may
order the PRA to reduce its budget by 25% for the budget year in
which the sanction is applied.