Act No. 121

Public Acts of 2003

Approved by the Governor

July 29, 2003

Filed with the Secretary of State

July 29, 2003

EFFECTIVE DATE: Pending--subject to
enactment of HB 4515 and HB 4517

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 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

ENROLLED HOUSE BILL No. 4516

AN ACT to amend 1982 PA 415, entitled "An act to improve the training and education of state and local correctional officers; to provide for the certification of state correctional officers and the development of standards and requirements for state and local correctional officers; to provide for the creation of a correctional officers' training council and a central training academy; and to prescribe the powers and duties of certain state agencies," 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:

TITLE

An act to improve the training and education of state correctional officers; to provide for the certification of state correctional officers and the development of standards and requirements for state correctional officers; to provide for the creation of a correctional officers' training council and a central training academy; and to prescribe the powers and duties of certain state agencies.

Sec. 2. As used in this act:

(a) "Central training academy" means the central training academy established pursuant to section 15.

(b) "Correctional facility" means a facility or institution which houses an inmate population under the jurisdiction of the department of corrections.

(c) "Council" means the correctional officers' training council created under section 3.

(d) "Department" means the state department of corrections.

(e) "Executive secretary" means the executive secretary of the council.

(f) "State correctional officer" means any person employed by the department in a correctional facility as a correctional officer or a corrections medical aide, or that person's immediate supervisor.

Sec. 3. The correctional officer's training council is created within the department and shall establish standards regarding training and education as prescribed in this act. The council shall consist of 8 members appointed by the governor. The members shall be appointed as follows:

(a) One member shall represent state corrections officers.

(b) One member shall represent the department.

(c) One member shall represent the department of management and budget.

(d) One member shall represent the state personnel director.

(e) Two members shall represent the public at large.

(f) Two members shall represent the academic community, at least 1 of whom shall represent Michigan community colleges.

Sec. 4. (1) All members of the council shall hold office for a term of 3 years. Successors shall be appointed in the same manner as the original appointment.

(2) A person appointed as a member to fill a vacancy created other than by expiration of a term shall be appointed in the same manner as the original appointment for the remainder of the unexpired term of the member whom the person is to succeed.

(3) Any member may be reappointed for additional terms.

Sec. 5. (1) The council shall designate from among its members a chairperson and a 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 at Lansing. The council shall hold special meetings when called by the chairperson or, in the absence of the chairperson, by the vice-chairperson, or when called by the chairperson upon the written request of 4 members of the council. The council shall establish its own procedures and requirements with respect to quorum, place, and conduct of its meeting and other matters.

(3) The business which the council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(4) The members of the council shall serve without compensation but shall be entitled to their actual expenses in attending meetings and in the performance of their duties under this act.

Sec. 15. The department shall establish a central training academy for use as an employee training center for state correctional officers. Funds necessary for the establishment and use of the training academy shall be provided by the department and supported by separate appropriation.

Enacting section 1. Section 14 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791.514, is 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor