HB-5928, As Passed Senate, December 18, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5928

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding sections 32a and 33a to chapter IX;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

Sec. 32a. (1) A criminal justice policy commission is created

in the legislative council. Before March 1, 2015, the governor

shall appoint the commission members described in subdivisions (d)

to (o). The commission consists of the all of the following

members:

(a) Two individuals who are members of the senate submitted by

the senate majority leader, 1 individual from each caucus.

(b) Two individuals who are members of the house of

representatives submitted by the speaker of the house of

representatives, 1 individual from each caucus.

(d) One individual who is a circuit court judge, appointed

from a list of 3 names submitted by the Michigan judges

association.

(e) One individual who is a district court judge, appointed

from a list of 3 names submitted by the Michigan district judges

association.

(f) One individual who represents the prosecuting attorneys of

this state, appointed from a list of 3 names submitted by the

prosecuting attorneys association of Michigan.

(g) One individual who represents criminal defense attorneys,

appointed from a list of 3 names submitted by the criminal defense

attorneys of Michigan.

(h) One individual appointed from a list of 3 names submitted

by the Michigan sheriff's association.

(i) One individual appointed from a list of 3 names submitted

by the director of the Michigan department of corrections.

(j) One individual who represents advocates of alternatives to

incarceration.

(k) One individual who works in the mental or behavioral

health care field.

(l) One individual appointed from a list of 3 names submitted

by the Michigan association of counties.

(m) One individual who represents Michigan association of

community corrections advisory boards.

(n) One individual appointed from a list of 3 names submitted

by the Michigan coalition to end domestic and sexual violence.

(o) One member of the public who is neither affiliated with

nor employed by a department, office, or entity described in this

subsection, by the commission created under this subsection, or by

any entity employed or hired by the commission created under this

subsection.

(2) The member of the public appointed by the governor under

subsection (1)(o) shall serve as the chairperson of the criminal

justice policy commission.

(3) Except as otherwise provided in this subsection, the

commission members shall be appointed for terms of 4 years. Of the

members first appointed under subsection (1)(d) to (o), 4 members

shall serve for 2 years, 4 members shall serve for 3 years, and 4

members shall serve for 4 years. The members of the commission

appointed under subsection (1)(a) and (b) shall be appointed for

terms of 2 years.

(4) A vacancy on the commission caused by the expiration of a

term or a resignation or death shall be filled in the same manner

as the original appointment. A member appointed to fill a vacancy

caused by a resignation or death shall be appointed for the balance

of the unexpired term.

(5) A commission member shall not receive a salary for being a

commission member but shall be reimbursed for his or her

reasonable, actual, and necessary expenses incurred in the

performance of his or her duties as a commission member.

(6) The commission may establish subcommittees that may

consist of individuals who are not members of the commission,

including, but not limited to, experts in matters of interest to

the commission.

(7) The commission's business shall be conducted at public

meetings held in compliance with the open meetings act, 1976 PA

267, MCL 15.261 to 15.275.

(8) A quorum consists of a majority of the members of the

sentencing commission. All commission business shall be conducted

by not less than a quorum. A vote of the majority of the members of

the commission present and serving is required for the official

action of the commission.

(9) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function shall be made available to the public in compliance with

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(10) The legislative council shall provide the commission with

suitable office space, staff, and necessary equipment.

Sec. 33a. (1) The criminal justice policy commission shall do

all of the following:

(a) Collect, prepare, analyze, and disseminate information

regarding state and local sentencing and proposed release policies

and practices for felonies and the use of prisons and jails.

(b) Collect and analyze information concerning how misdemeanor

sentences and the detention of defendants pending trial affect

local jails.

the sentencing guidelines in achieving the purposes set forth in

subdivision (f).

(d) In cooperation with the department of corrections,

collect, analyze, and compile data and make projections regarding

the populations and capacities of state and local correctional

facilities, the impact of the sentencing guidelines and other laws,

rules, and policies on those populations and capacities, and the

effectiveness of efforts to reduce recidivism. Measurement of

recidivism shall include, as applicable, analysis of all of the

following:

(i) Rearrest rates, resentence rates, and return to prison

rates.

(ii) One-, 2-, and 3-year intervals after exiting prison or

jail and after entering probation.

(iii) The statewide level, and by locality and discrete program,

to the extent practicable.

(e) In cooperation with the state court administrator,

collect, analyze, and compile data regarding the effect of

sentencing guidelines on the caseload, docket flow, and case

backlog of the trial and appellate courts of this state.

(f) Develop modifications to the sentencing guidelines for

recommendation to the legislature. Any modifications to the

sentencing guidelines shall accomplish all of the following:

(i) Provide for the protection of the public.

(ii) Consider offenses involving violence against a person or

serious and substantial pecuniary loss as more severe than other

offenses.

(iii) Be proportionate to the seriousness of the offense and the

offender's prior criminal record.

(iv) Reduce sentencing disparities based on factors other than

offense characteristics and offender characteristics and ensure

that offenders with similar offense and offender characteristics

receive substantially similar sentences.

(v) Specify the circumstances under which a term of

imprisonment is proper and the circumstances under which

intermediate sanctions are proper.

(vi) Establish sentence ranges for imprisonment that are within

the minimum and maximum sentences allowed by law for the offenses

to which the ranges apply.

(vii) Maintain separate sentence ranges for convictions under

the habitual offender provisions in sections 10, 11, 12, and 13 of

this chapter, which may include as an aggravating factor, among

other relevant considerations, that the accused has engaged in a

pattern of proven or admitted criminal behavior.

(viii) Establish sentence ranges that the commission considers

appropriate.

(ix) Recognize the availability of beds in the local

corrections system and that the local corrections system is an

equal partner in corrections policy, and preserve its funding

mechanisms.

(g) Consider the suitability and impact of offense variable

scoring with regard to physical and psychological injury to victims

and victims' families.

(2) In developing proposed modifications to the sentencing

guidelines, the commission shall submit to the legislature a prison

and jail impact report relating to any modifications to the

sentencing guidelines. The report shall include the projected

impact on total capacity of state and local correctional

facilities.

(3) Proposed modifications to sentencing guidelines shall

include recommended intermediate sanctions for each case in which

the upper limit of the recommended minimum sentence range is 18

months or less.

(4) The commission may recommend modifications for submission

to the legislature to any law, administrative rule, or policy that

affects sentencing or the use and length of incarceration. The

recommendations shall reflect all of the following policies:

(a) To render sentences in all cases within a range of

severity proportionate to the gravity of offenses, the harms done

to crime victims, and the blameworthiness of offenders.

(b) When reasonably feasible, to achieve offender

rehabilitation, general deterrence, incapacitation of dangerous

offenders, restoration of crime victims and communities, and

reintegration of offenders into the law-abiding community.

achieve the applicable purposes in subdivisions (a) and (b).

(d) To preserve judicial discretion to individualize sentences

within a framework of law.

(e) To produce sentences that are uniform in their reasoned

pursuit of the objectives described in subsection (1).

(f) To eliminate inequities in sentencing and length of

incarceration across population groups.

(g) To encourage the use of intermediate sanctions.

(h) To ensure that adequate resources are available for

carrying out sentences imposed and that rational priorities are

established for the use of those resources.

(i) To promote research on sentencing policy and practices,

including assessments of the effectiveness of criminal sanctions as

measured against their purposes.

(j) To increase the transparency of the sentencing and

corrections system, its accountability to the public, and the

legitimacy of its operations.

(5) The commission shall submit any recommended modifications

to the sentencing guidelines or to other laws, administrative

rules, or policies to the senate majority leader, the speaker of

the house of representatives, and the governor.

(6) This section and section 32a of this chapter are repealed

4 years after the effective date of the amendatory act that added

this section.

Enacting section 1. This amendatory act takes effect December

31, 2014.