HB-4516,As Passed House,May 13, 2003
April 2, 2003, Introduced by Reps. Amos, Richardville, Wojno, Howell, Nofs, Stakoe, Gaffney, LaSata, Vander Veen, Vagnozzi, Voorhees, Ruth Johnson, Woodward, Rivet, Hune, DeRossett, Huizenga, DeRoche, Woronchak, Rocca, McConico, Byrum and Condino and referred to the Committee on Criminal Justice.
A bill to amend 1982 PA 415, entitled
"Correctional officers' training act of 1982,"
by amending the title and sections 2, 3, 4, 5, and 15
(MCL 791.502, 791.503, 791.504, 791.505, and 791.515); and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An
act to improve the training and education of state and
3 local correctional officers; to provide for the
certification of
4 state correctional officers and the development of standards and
5 requirements for state and
local correctional officers; to
6 provide for the creation of a correctional officers' training
7 council and a central training academy; and to prescribe the
8 powers and duties of certain state agencies.
9 Sec. 2. As used in this act:
1 (a) "Central training academy" means the central training
2 academy established pursuant to section 15.
3 (b)
"Correctional facility" means either of the following:
4 (i) A a
facility or institution which houses an inmate
5 population under the jurisdiction of the department of
6 corrections.
7 (ii) A municipal or county jail, work camp, lockup,
holding
8 center, halfway house,
community corrections center, or any other
9 facility maintained by
a municipality or county which houses
10 adult prisoners.
11 (c) "Council" means the correctional officers' training
12 council created under section 3.
13 (d) "Department" means the state department of corrections.
14 (e) "Executive secretary" means the executive secretary of
15 the council.
16 (f) "Local
correctional officer" means any person employed
17 by a unit of local
government in a correctional facility as a
18 correctional officer,
or that person's immediate supervisor.
19 (f) (g) "State
correctional officer" means any person
20 employed by the department in a correctional facility as a
21 correctional officer or a corrections medical aide, or that
22 person's immediate supervisor.
23 Sec. 3. The correctional officer's training council is
24 created within the department and shall establish standards
25 regarding training and education as prescribed in this act. The
26 council shall consist of 10
8 members appointed by the
27 governor. The members shall be appointed as follows:
1 (a) One member shall represent state corrections officers.
2 (b) One member
shall represent local corrections officers.
3 (c) One member
shall represent local agencies which maintain
4 jails, corrections, or
temporary holding facilities.
5 (b) (d) One
member shall represent the Michigan commission
6 of corrections department.
7 (c) (e) One
member shall represent the office of criminal
8 justice department of management and budget.
9 (d) (f) One
member shall represent the state personnel
10 director.
11 (e) (g) Two
members shall represent the public at large.
12 (f) (h) Two
members shall represent the academic community,
13 at least 1 of whom shall represent Michigan community colleges.
14 Sec. 4. (1) All members of the council shall hold office
15 for a term of 3 years.
, except that of the members first
16 appointed 3 shall have
a term of 1 year, 4 shall have a term of
17 2 years, and 3 shall
have a term of 3 years. Successors
shall be
18 appointed in the same manner as the original appointment.
19 (2) A person appointed as a member to fill a vacancy created
20 other than by expiration of a term shall be appointed in the same
21 manner as the original appointment for the remainder of the
22 unexpired term of the member whom the person is to succeed.
23 (3) Any member may be reappointed for additional terms.
24 Sec. 5. (1) The council shall designate from among its
25 members a chairperson and a vice-chairperson who shall serve for
26 1-year terms and who may be reelected.
27 (2) The council shall meet at least 4 times in each year at
House Bill No. 4516 as amended May 13, 2003
1 Lansing. The council shall hold special meetings when called by
2 the chairperson or, in the absence of the chairperson, by the
3 vice-chairperson, or when called by the chairperson upon the
4 written request of 5 4
members of the council. The council
5 shall establish its own procedures and requirements with respect
6 to quorum, place, and conduct of its meeting and other matters.
7 (3) The business which the council may perform shall be
8 conducted at a public meeting of the council held in compliance
9 with the open meetings
act, Act No. 267 of the Public Acts of
10 1976, as amended,
being sections 15.261 to 15.275 of the Michigan
11 Compiled Laws 1976 PA 267, MCL 15.261 to 15.275. Public
notice
12 of the time, date, and place of the meeting shall be given in the
13 manner required by Act
No. 267 of the Public Acts of 1976, as
14 amended the open meetings act, 1976 PA 267, MCL 15.261 to
15 15.275.
16 (4) The members of the council shall serve without
17 compensation but shall be entitled to their actual expenses in
18 attending meetings and in the performance of their duties under
19 this act.
20 Sec. 15. The department shall establish a central training
21 academy for use as an
employee training center for state and
22 local correctional officers. Funds necessary for the
23 establishment and use of the training academy shall be provided
24 by the department and supported by separate appropriation.
25 Enacting section 1. Section 14 of the correctional
26 officers' training act of 1982, 1982 PA 415, MCL 791.514, is
27 repealed.
[Enacting section 2. This amendatory act takes effect October 1, 2003.
Enacting section 3. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:
(a) House Bill No. 4515.
(b) House Bill No. 4517.]