Michigan Laws 798.32 – Adoption of policies, rules, and regulations; expenditures; elimination of certain supervision policies, procedures, programs, and practices; collection and maintenance of data
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Terms Used In Michigan Laws 798.32
- Agency: means both of the following:
(i) The department of corrections. See Michigan Laws 798.31Case plan: means an individualized accountability and behavior change strategy for supervised individuals that does all of the following:
(i) Targets and prioritizes the specific criminal risk factors of the offender. See Michigan Laws 798.31Evidence-based practices: means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or postrelease supervision. See Michigan Laws 798.31 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Program: means an intervention, other than medical services, to which both of the following apply:
(i) It is intended to reduce recidivism by supervised individuals. See Michigan Laws 798.31Recidivism: means the 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 of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 798.31 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Supervised individual: means an individual placed on probation or serving a period of parole. See Michigan Laws 798.31 Supervising agent: means an individual appointed or employed by the agency to supervise individuals placed on community supervision. See Michigan Laws 798.31
(1) The agency shall adopt policies, rules, and regulations that within 4 years after the effective date of this act result in all supervised individuals being supervised in accordance with evidence-based practices, or practices developed based upon evidence-based practices, in order to improve the success rates of and to reduce recidivism rates for supervised individuals. The agency shall consult with and seek recommendations from local law enforcement agencies, including sheriff’s departments, circuit courts, county prosecutor’s offices, and community corrections programs, in adopting policies, rules, and regulations for evidence-based supervision practices.
(2) The policies, rules, and regulations adopted under subsection (1) must include all of the following:
(a) The adoption, validation, and utilization of an objective risk and needs assessment tool.
(b) The use of assessment scores and other objective criteria to determine the risk level and program needs of each supervised individual, prioritizing supervision and program resources for offenders who are at higher risk to reoffend.
(c) Definitions of low-, moderate-, and high-risk levels during the period of supervision.
(d) The development of a case plan, based on the assessment score, for each individual who is assessed to be moderate to high risk. The case plan developed under this subdivision must allow a supervised individual options for programming and is subject to conditions of supervision, if any, imposed by a court having jurisdiction over the supervised individual.
(e) The development of a case plan, based on the assessment score, for each individual who is assessed to be low risk. The case plan developed under this subdivision must allow a supervised individual options for programming and is subject to conditions of supervision, if any, imposed by a court having jurisdiction over the supervised individual.
(f) The identification of swift, certain, proportionate, and graduated responses that a supervising agent will apply in response to a supervised individual’s compliant and noncompliant behaviors.
(g) The adoption of caseload guidelines that are based on offender risk levels and take into account agency resources and employee and supervising agent workload.
(h) The establishment of protocols and standards that assess the degree to which agency policies, procedures, programs, and practices relating to offender recidivism reduction are evidence-based.
(3) Not more than 4 years after the effective date of this act, all state funds expended on programs must be for programs that are in accordance with evidence-based practices or are developed based upon evidence-based practices.
(4) Not more than 4 years after the effective date of this act, the agency shall eliminate supervision policies, procedures, programs, and practices intended to reduce recidivism that scientific research demonstrates do not reduce recidivism.
(5) Any data collected and maintained under this act regarding recidivism rates must be collected and maintained in a manner that separates the data regarding technical probation violations and technical parole violations from data on new felony and misdemeanor convictions.