Terms Used In Michigan Laws 791.258b

  • 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.
  • Parole sanction certainty program: means the program created under this chapter that utilizes a set of established graduated sanctions to supervise eligible offenders that have been placed on parole sanction certainty supervision. See Michigan Laws 791.258a
  • Parole sanction certainty supervision: means being placed on parole subject to conditions and sanctions as set forth in the parole sanction certainty program created under this chapter. See Michigan Laws 791.258a
  • 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 of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 791.208a
  • 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 who is placed on parole subject to parole sanction certainty supervision under this chapter. See Michigan Laws 791.258a
  • Validated risk and needs assessment: means a tool or tools adopted by the department that have been validated as to the effectiveness of the tool in determining a supervised individual's likely risk of reoffense, violent reoffense, or both, as well as the offender's criminogenic needs. See Michigan Laws 791.258a
  (1) The parole sanction certainty program is established within the department. By January 1, 2018, the department shall adopt a system of graduated sanctions for violations of conditions of parole for offenders supervised under the parole sanction certainty program. The graduated sanctions adopted under this section must utilize evidence-based practices that have been demonstrated to reduce recidivism and increase compliance with the conditions of parole based on the identified risk and needs of the supervised individual as determined by a validated risk and needs assessment. To the extent possible, the system of graduated sanctions must be uniform throughout the state for all parolees subject to parole sanction certainty supervision.
  (2) Subject to subsection (3), the department shall, in consultation with the parole board, determine which offenders shall be placed in the community on parole under the parole sanction certainty program.
  (3) The department shall implement the parole sanction certainty program created in subsection (1) in at least the 5 counties in this state in which the greatest number of individuals convicted of criminal violations are sentenced to incarceration under the jurisdiction of the department, as determined by the department’s annual statistical report. The department may implement the parole sanction certainty program in additional counties in this state.
  (4) The department shall consult with and seek recommendations from local law enforcement agencies in the counties where the parole sanction certainty program is implemented, including the sheriff’s departments, circuit courts, county prosecutor’s offices, and community corrections programs in developing a plan for implementing the parole sanction certainty program in the county.

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