Michigan Laws 791.404 – Duties of state board; recidivism rates, collection and maintenance of data; manner
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Terms Used In Michigan Laws 791.404
- Community corrections program: means a program that is operated by or contracted for by a city, county, or group of counties, or is operated by a nonprofit service agency, and that offers programs, services, or both, instead of incarceration in prison, and that are locally operated and provide a continuum of programming options from pretrial through post-adjudication. See Michigan Laws 791.402
- Department: means the department of corrections. See Michigan Laws 791.402
- Evidence-based practices: means a progressive, organizational use of direct, current scientific evidence to guide and inform efficient and effective correctional services. See Michigan Laws 791.402
- Moderate to high risk: means that the individual assessed has scored in the moderate to high range of risk using an actuarial, objective, validated risk and need assessment instrument. See Michigan Laws 791.402
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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 791.402
- 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
- State board: means the state community corrections advisory board created in section 3. See Michigan Laws 791.402
(1) The state board shall do all of the following:
(a) Adopt a variety of key performance indicators that promote offender success, ensure the effective monitoring of offenders, and evaluate community corrections programs. Performance indicators must be relevant to this act and must be reviewed on an annual basis. Not less than 1 of the key performance measures must be the recidivism rate of offenders supervised under this act. There may be multiple recidivism measures to account for accessibility to state and national databases, local ability to collect data, and the resources needed to collect this data. Nothing in this subdivision requires a community corrections program operated under this act to collect, measure, maintain, or track data for offenders who are not supervised by the community corrections program.
(b) Adopt minimum program standards, policies, and rules for community corrections programs. The program standards must include evidence-based practices. Program eligibility must include moderate to high risk offenders regardless of crime class or adjudication status.
(c) Adopt an application process and procedures for funding community corrections programs, including the format for comprehensive corrections plans.
(d) Review, at least once every 3 years, the actuarial, objective, validated risk and need assessment instruments to ensure that they continue to meet the needs and requirements of community corrections.
(e) Recommend funding for community corrections to the director of the department based on program performance, utilization, targeting of appropriate offenders, and adherence to evidence-based practices.
(f) Research, review, and make recommendations regarding the use of performance-based contracts within community corrections.
(2) 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.