SB-0023, As Passed House, March 8, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 23

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3,

 

771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding

 

a heading for chapter XIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIA

 

PROBATION SWIFT AND SURE SANCTIONS ACT

 

     Sec. 3. It is the intent of the legislature to create a

 

voluntary state program to fund swift and sure probation

 

supervision at the local level based upon on the immediate

 

detection of probation violations and the prompt the imposition of

 

sanctions and remedies to address those violations. In furtherance

 


of this intent, the state swift and sure sanctions program is

 

created with the following objectives:must be implemented and

 

maintained as provided in this chapter as follows:

 

     (a) Probationers are to be sentenced with prescribed terms of

 

probation meeting the objectives of this chapter. Probationers are

 

to be aware of their probation terms as well as the consequences

 

for violating the terms of their probation.

 

     (b) Probationers are to be closely monitored and every

 

detected violation is to be promptly addressed by the court.

 

     (c) Probationers are to be arrested as soon as a violation has

 

been detected and are to be promptly taken before a judge for a

 

hearing on the violation.

 

     (d) Continued violations are to be addressed by increasing

 

sanctions and remedies as necessary to achieve results.

 

     (e) To the extent possible and considering local resources,

 

probationers subject to swift and sure probation under this chapter

 

shall be treated uniformly throughout the this state.

 

     Sec. 4. (1) Beginning January 1, 2013, the The swift and sure

 

probation supervision fund is created within the state treasury.

 

The state treasurer may receive money or other assets from any

 

source for deposit into the fund. The state treasurer shall direct

 

the investment of the fund. The state treasurer shall credit to the

 

fund interest and earnings from fund investments. Money in the fund

 

at the close of the fiscal year shall remain in the fund and shall

 

not lapse to the general fund.

 

     (2) The state treasurer shall allocate sufficient funds to

 

allow the state court administrative office shall, to, under the


supervision of the supreme court, expend funds from the swift and

 

sure probation supervision fund to administer this chapter and to

 

provide grants under this chapter to fund programs of swift and

 

sure probation supervision in the circuit court that meet the

 

objectives set forth in section 3 of this chapter and the

 

requirements of section 5 of this chapter.

 

     (3) (2) A court may apply for a grant to fund a program of

 

swift and sure probation supervision under this chapter by filing a

 

written application with the state court administrative office in

 

the manner required by that office. The funding of all grants under

 

this chapter is subject to appropriation.

 

     (4) A court that has received a grant under this chapter to

 

fund programs of swift and sure probation supervision may accept

 

participants from any other jurisdiction in this state based upon

 

either the residence of the participant in the receiving

 

jurisdiction or the unavailability of a swift and sure probation

 

supervision program in the jurisdiction where the participant is

 

charged. The transfer may occur at any time during the proceedings,

 

including, but not limited to, prior to adjudication. The receiving

 

court shall have jurisdiction to impose sentence, including, but

 

not limited to, sanctions, incentives, incarceration, and phase

 

changes. A transfer under this subsection is not valid unless it is

 

agreed to by all of the following individuals:

 

     (a) The defendant or respondent in writing.

 

     (b) The attorney representing the defendant or respondent.

 

     (c) The judge of the transferring court and the prosecutor of

 

the case.


     (d) The judge of the receiving court and the prosecutor of the

 

receiving court funding unit.

 

     Sec. 5. (1) A program of swift and sure probation supervision

 

funded under section 4 judge shall do all of the following if swift

 

and sure probation applies to a probationer:

 

     (a) Require the court to inform Inform the probationer in

 

person of the requirements of his or her probation and the

 

sanctions and remedies that may apply to probation violations.

 

     (b) Adhere to and not depart from the prescribed list of

 

sanctions and remedies imposed on the probationer.

 

     (c) (b) Require the probationer to initially meet in person

 

with a probation agent or probation officer and as otherwise

 

required by the court.

 

     (d) (c) Provide for an appearance before the judge or another

 

judge for any probation violation as soon as possible but within 72

 

hours after the violation is reported to the court unless a

 

departure from the 72-hour requirement is authorized for good cause

 

as determined by criteria established by the state court

 

administrative office.

 

     (e) (d) Provide for the immediate imposition of sanctions and

 

remedies approved by the state court administrative office to

 

effectively address probation violations. The sanctions and

 

remedies approved under this subdivision may include, but need not

 

be are not limited to, 1 or more of the following:

 

     (i) Temporary incarceration in a jail or other facility

 

authorized by law to hold probation violators.

 

     (ii) Extension of the period of supervision within the period


provided by law.

 

     (iii) Additional reporting and compliance requirements.

 

     (iv) Testing for the use of drugs and alcohol.

 

     (v) Counseling and treatment for emotional or other mental

 

health problems, including for substance abuse.

 

     (vi) Probation revocation.

 

     (vii) Any other sanction approved by the state court

 

administrative office.

 

     (2) The state court administrative office may, under the

 

supervision of the supreme court, do any of the following regarding

 

programs funded under this chapter:

 

     (a) Establish general eligibility requirements for offender

 

participation.

 

     (b) Require courts and offenders to enter into written

 

participation agreements.

 

     (c) Create recommended and mandatory sanctions and remedies

 

for use by participating courts.

 

     (d) Establish criteria for deviating from recommended and

 

mandatory sanctions and remedies when if necessary to address

 

special circumstances.

 

     (e) Establish a system for determining sanctions and remedies

 

that should or may be imposed under subdivision (c) and for

 

alternative sanctions and remedies under subdivision (d).

 

     Sec. 6. (1) The state court administrative office may, under

 

the supervision of the supreme court, consult with the department

 

of corrections when establishing initial to establish programming

 

and eligibility requirements under this chapter.


     (2) An individual is eligible for the swift and sure probation

 

supervision program if he or she receives a risk score of other

 

than low on a validated risk assessment.

 

     (3) A defendant who is charged with a crime under 1 or more of

 

the following is not eligible under this chapter:

 

     (a) Section 316, 317, 520b, 520d, 529, or 544 of the Michigan

 

penal code, 1931 PA 328, MCL 750.316, 750.317, 750.520b, 750.520d,

 

750.529, and 750.544.

 

     (b) A major controlled substance offense as that term is

 

defined in section 2 of chapter I, except for a violation of

 

section 7403(2)(a)(v) of the public health code, 1978 PA 368, MCL

 

333.7403.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.