Title 791, DEPARTMENT OF CORRECTIONS

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963, empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and …

Sec. 1. This act shall be known and may be cited as the "local corrections officers training act".

Sec. 2. As used in this act: (a) "Board" means the local corrections officers advisory board created in section 9. (b) "Council" means the sheriffs coordinating and training council described in section 4. (c) "Executive secretary" means the executive secretary of the council. (d…

Sec. 3. (1) The sheriffs coordinating and training office is created as an autonomous entity in the department of corrections. The department is not fiscally or programmatically responsible or liable for any of the responsibilities or duties of the office, council, or board conta…

Sec. 4. (1) The council consists of 7 members selected as follows: (a) The president of the Michigan sheriffs' association. (b) One member appointed to the council for a 1-year term, to be elected by the Michigan sheriffs' association, who shall be a sheriff from a county having …

Sec. 5. (1) The council shall designate from among its members a chairperson and vice-chairperson, who shall serve for 1-year terms and who may be reelected. (2) The council shall meet at least 4 times in each year and shall hold special meetings when called by the chairperson or…

Sec. 6. A member of the council shall not be disqualified from holding any public office or employment by reason of his or her appointment or membership on the council and shall not forfeit that public office or employment by reason of his or her appointment to the council, notwi…

Sec. 7. Administrative support services for the council and executive secretary shall be provided by the council as provided by separate appropriation for the council.

Sec. 8. Not later than October 1, 2004 and as often as necessary after that, the council shall approve minimum standards and requirements for local corrections officers with respect to the following: (a) Recruitment, selection, and certification of new local corrections officers …

Sec. 9. (1) The local corrections officers advisory board is created within the council. The board shall consist of 9 members appointed by the council, as follows: (a) Three members of the board shall be members of the deputy sheriff's association of Michigan. (b) Three members o…

Sec. 10. The board shall make an annual report to the council that includes pertinent data regarding the standards and requirements established and an evaluation on the effectiveness of local corrections officer training programs.

Sec. 11. Beginning April 1, 2004, a person shall not be a local corrections officer unless he or she is certified or recertified by the council as provided in section 12 or 13. The council shall certify those persons and recertify on an annual basis those persons who satisfy the …

Sec. 12. Effective January 1, 2005, a person who is employed as a local corrections officer before January 1, 2005, upon furnishing the council satisfactory evidence of his or her employment as a local corrections officer, shall be certified and recertified by the council as a lo…

Sec. 13. A person who was not employed as a local corrections officer before January 1, 2005 but who becomes employed as a local corrections officer on or after January 1, 2005 shall not be certified or recertified by the council unless he or she meets all of the following condit…

Sec. 13a. Nothing in this act supersedes a right granted under a collective bargaining agreement. A person who exercises a right pursuant to a collective bargaining agreement that results in that person being required to obtain certification under this act shall be allowed not le…

Sec. 14. The council may do all of the following: (a) Enter into agreements with other public or private agencies or organizations to implement the intent of this act. (b) Cooperate with and assist other public or private agencies or organizations to implement the intent of this …

Sec. 15. (1) The local corrections officers training fund is created in the state treasury. The fund shall be administered by the council, which shall expend the fund only as provided in this section. (2) There shall be credited to the local corrections officer training fund all …

Sec. 16. The council may accept funds, grants, and gifts from any public or private source which shall be used to defray the expenses incident to implementing its responsibilities under this act.

Sec. 1. There is hereby created a state department of corrections, hereinafter called the department, which shall possess the powers and perform the duties granted and conferred. The department shall consist of and be administered by a commission of 6 members appointed by the gov…

Sec. 1a. This act shall be known and may be cited as the "corrections code of 1953".

Sec. 2. (1) The commission shall elect annually a chairperson and other officers as it considers expedient. A meeting shall be held not less than once each month or at other times as considered necessary. A majority of the total membership of the commission shall constitute a quo…

Sec. 3. The commission shall appoint a director of corrections who shall be qualified by training and experience in penology. He shall hold office at the pleasure of the commission except that he may be removed for cause and only after a public hearing before the commission. He s…

Sec. 4. Subject to constitutional powers vested in the executive and judicial departments of the state, the department shall have exclusive jurisdiction over all of the following: (a) Probation officers of this state, and the administration of all orders of probation. (b) Pardons…

Sec. 5. The director, subject to the approval of the commission, shall appoint an assistant director in charge of probation, an assistant director in charge of pardons and paroles, an assistant director in charge of penal institutions, an assistant director in charge of prison in…

Sec. 5a. (1) Except as otherwise provided in this section, an individual who has been convicted of a felony, or who is subject to any pending felony charges, shall not be employed by or appointed to a position in the department. (2) If records available to the department show tha…

Sec. 6. (1) The director may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for all of the following: (a) The control, management, and operation of the general affairs of the department. (b) Supervision and co…

Sec. 7. On or before the 15th day of January of each year, the commission shall make to the governor and legislature a report of the department for the preceding fiscal year. Such report, if so ordered by the board of state auditors, shall be printed and distributed in such manne…

Sec. 7a. (1) Except as provided in subsection (2), the governing bodies of the senate and house fiscal agencies shall have access to all records of the department of corrections relating to individuals under the supervision of the department of corrections including, but not limi…

Sec. 8. Within the department there shall be established a general division of criminal statistics under the supervision and control of the director. He shall have the power and it shall be his duty to obtain from all chiefs of police, sheriffs, state police, prosecuting attorney…

Sec. 8a. (1) As used in this act: (a) "Recidivism" means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date …

Sec. 9. The commission shall study the problem of crime prevention and foster research in criminology. It shall lend its aid in local crime prevention activities.

Sec. 10. The commission may require a bond from any officer or employee appointed by or subject to the control of the commission, conditioned upon the faithful performance of his duties and the accounting for all money and property within his control.

Sec. 11. The commission shall exercise the powers and duties created by Act No. 89 of the Public Acts of 1935, being sections 798.101 to 798.103, inclusive, of the Compiled Laws of 1948, and by any interstate compact made and entered into pursuant to said act, in regard to the co…

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 under article III of the interstate corrections compact. The contrac…

Sec. 12. (1) The commission shall devise a seal, and the rules of the commission shall be published over the seal of the commission. All orders of the commission shall be issued over the seal of the commission. A copy of the records and papers in the office of the department, cer…

Sec. 13. The commission may receive on behalf of the state of Michigan any grant, devise, bequest, donation, gift or assignment of money, bonds or choses in action, or of any property, real or personal, and accept the same, so that the right and title to the same shall pass to th…

Sec. 14. The commission shall prepare for submission to the department of administration the estimated needs and costs to operate the department, and the several penal institutions under the jurisdiction of the department, in accordance with the requirements of the laws of this s…

Sec. 14a. (1) The department shall create a family reunification policy. The family reunification policy must include the creation of a permanent family advisory board that consists of not fewer than 11 and not more than 16 members, including the following: (a) One individual des…

Sec. 15. As used in this act, "correctional facility" means a facility or institution which is maintained and operated by the department.

Sec. 16. (1) The department shall develop a comprehensive plan for determining the need for establishing various types of correctional facilities, for selecting the location of a correctional facility, and for determining the size of the correctional facility. The comprehensive p…

Sec. 17. (1) A person who resides in the city, village, or township in which the department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction against the department if the department is not abiding by the site selection proces…

Sec. 18. After a correctional facility is established, the department shall maintain relations with the city, village, or township in which the facility is located. The department shall request the officials notified under section 16(3)(b) to (g) to appoint an advisory committee …

Sec. 19. This section and sections 15 to 18 shall apply to correctional facilities established or proposed after the effective date of the concurrent resolution approving the comprehensive plan and to correctional facilities which are proposed before the effective date of the con…

Sec. 20e. (1) Except as provided in subsection (2), not more than 880 prisoners shall be housed at the Scott correctional facility and not more than 925 prisoners shall be housed at the western Wayne correctional facility. (2) If a new housing unit is constructed within the secur…

Sec. 20f. (1) A correctional facility constructed after the effective date of this section shall be constructed in compliance with at least 1 of the following requirements: (a) A distance of not less than 300 feet exists between each adjacent residential dwelling and any part of …

Sec. 20g. (1) The department may establish a youth correctional facility which shall house only prisoners committed to the jurisdiction of the department who are 19 years of age or less. If the department establishes or contracts with a private vendor for the operation of a youth…