HOUSE BILL NO. 4254

February 16, 2021, Introduced by Reps. Lightner, Whiteford, Bezotte, Wozniak, LaGrand and Green and referred to the Committee on Judiciary.

A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending the title and section 62 (MCL 791.262), the title as amended by 2006 PA 172 and section 62 as amended by 1987 PA 251.

the people of the state of michigan enact:

TITLE

An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the powers and duties of certain local governmental officers and entities; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act.

Sec. 62. (1) As used in this section:

(a) "Holding cell" means a cell or room in a facility of a local unit of government that is used for the detention of 1 or more persons individuals awaiting processing, booking, court appearances, transportation to a jail or lockup, or discharge for not to exceed more than 12 hours.

(b) "Holding center" means a facility that is operated by a local unit of government for the detention of persons individuals awaiting processing, booking, court appearances, transportation to a jail or lockup, or discharge, ; for not to exceed more than 24 hours.

(c) "Jail" means a facility that is operated by a local unit of government for the detention of persons individuals charged with, or convicted of, criminal offenses or ordinance violations; persons or individuals found guilty of civil or criminal contempt. ; or a facility which houses prisoners pursuant to an agreement authorized under Act No. 164 of the Public Acts of 1861, being sections 802.1 to 802.21 of the Michigan Compiled Laws, for not more than 1 year.

(d) "Local unit of government" means any county, city, village, township, charter township, community college, college, or university.

(e) "Lockup" means a facility that is operated by a local unit of government for the detention of persons individuals awaiting processing, booking, court appearances, or transportation to a jail, for not to exceed more than 72 hours.

(f) "State correctional facility" means a facility or institution maintained and operated by the department.

(2) State correctional facilities shall be are administered by the bureau of prisons.correctional facilities administration.

(3) The department shall supervise and inspect jails and lockups that are under the jurisdiction of the county sheriff to obtain facts concerning the proper management of the jails and lockups and their usefulness. The department shall promulgate rules and standards promoting the proper, efficient, and humane administration of jails and lockups that are under the jurisdiction of the county sheriff pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws.1969 PA 306, MCL 24.201 to 24.328.

(4) The department may grant a variance to the rules and standards promulgated under subsection (3).

(5) Except as provided in subsection (3), the department shall not supervise and inspect, or promulgate rules and standards for the administration of, holding cells, holding centers, or lockups. However, the department shall provide advice and services concerning the efficient and humane administration of holding cells, holding centers, and lockups at the request of a local unit of government.

(6) The commission director of the department may enforce any reasonable order with respect to jails and lockups subject to supervision and inspection pursuant to subsection (3) through mandamus or injunction in the circuit court of the county where the jail is located through proceedings instituted by the attorney general on behalf of the commission.director of the department.

(7) The county board of commissioners may determine whether the sheriff's residence is to be part of the county jail.

(8) The sheriff or the administrator of a jail or lockup, subject to supervision and inspection under subsection (3), shall admit to the jail or lockup any member of the commission or an authorized designee of the commission, the director of the department or his or her designee for the purpose of visitation and inspection.

(9) The sheriff or the administrator of a jail or lockup subject to supervision and inspection under subsection (3) shall keep records of a type and in a manner reasonably prescribed by the commission. director of the department. The commission director of the department shall provide the forms required for keeping the records.

(10) Any A person who violates subsections subsection (8) or (9) shall be is guilty of a misdemeanor.

(11) The department shall adopt an evidence-based and empirically validated screening tool that detects the presence of serious mental illnesses, psychological disturbances, co-occurring substance use disorders, and developmental disabilities in individuals at the time of intake processing for detention in jails.

(12) If the necessary money is appropriated to implement this subsection, the sheriff or the administrator of a jail shall use the screening tool adopted under subsection (11) to ensure that each individual receives appropriate treatment and referrals while detained in the jail.