MI Comp L § 771.3b (2021)
2021 Michigan Compiled Laws|Chapters 760 - 777 - Code of Criminal Procedure|Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)|175-1927-XI - Chapter XI Probation (771.1...771.24)|Section 771.3b - Special Alternative Incarceration Program.

771.3b Special alternative incarceration program. Sec. 3b.  (1) In addition to any other terms or conditions of probation provided for under this chapter, the court may require under a probation order that a person convicted of a crime, except a crime specified in subsection (17), for which a sentence in a state correctional facility may be imposed shall satisfactorily complete a program of incarceration in a special alternative incarceration unit, and a period of not less than 120 days of probation under intensive supervision. The special alternative incarceration program shall be established and operated by the department of corrections as provided in the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18. The court also may require the person to satisfactorily complete a local residential program of vocational training, education, and substance abuse treatment, pursuant to subsection (9) or (10).  (2) In order for a person to be placed in a special alternative incarceration program, the person shall meet all of the following requirements:  (a) The person has never served a sentence of imprisonment in a state correctional facility.   (b) The person would likely be sentenced to imprisonment in a state correctional facility.   (c) The felony sentencing guidelines upper limit for the recommended minimum sentence for the person's offense is 12 months or more, as determined by the department. This subdivision does not apply in either of the following circumstances:   (i) The person's offense is not covered by the felony sentencing guidelines.   (ii) The reason for the person being considered for placement is that he or she violated the conditions of his or her probation.   (d) The person is physically able to participate in the special alternative incarceration program.  (e) The person does not appear to have any mental disability that would prevent participation in the special alternative incarceration program.  (3) Subsection (2)(b) and (c) do not prevent the department of corrections from entering into contracts with counties for participation in the county jail special alternative incarceration program. The county jail special alternative program is a program in which convicted felons who would have been sentenced to a county jail with a sentence of 6 to 12 months can participate.  (4) Before a court may place a person pursuant to this section, an initial investigation shall be completed by the probation officer. The initial investigation shall establish that the person meets the requirements of subsection (2)(a) and (b).  (5) After a person is placed in a special alternative incarceration program, the department shall establish that the person meets the requirements of subsection (2). If the person does not meet the requirements of subsection (2), the person shall be returned to the court for sentencing. The placement of a person in a special alternative incarceration program is conditioned upon the person meeting the requirements of subsection (2). If a person does not meet the requirements of subsection (2), the probation order is rescinded, and the person shall be sentenced in the manner provided by law.   (6) A person shall not be placed in a program of special alternative incarceration unless the person consents to the placement.  (7) In every case in which a person is placed in a special alternative incarceration program, the clerk of the sentencing court shall, within 5 working days after the placement, mail to the department of corrections a certified copy of the judgment of sentence and the presentence investigation report of the person being placed.   (8) Except as provided in subsections (9) to (12), a person shall be placed in a special alternative incarceration program for a period of not more than 120 days. If, during that period, the person misses more than 5 days of program participation due to medical excuse for illness or injury occurring after he or she was placed in the program, the period of placement shall be increased by the number of days missed, beginning with the sixth day of medical excuse, up to a maximum of 20 days. A medical excuse shall be verified by a physician's statement, a copy of which shall be provided to the sentencing court. A person who is medically unable to participate in the program for more than 25 days shall be returned to the court for sentencing pursuant to subsection (5).  (9) The order of probation under subsection (1) may require that a person who successfully completes a special alternative incarceration program also successfully complete an additional period of not more than 120 days of residential treatment in the local governmental jurisdiction from which the person was committed, beginning immediately upon completion of the special alternative incarceration program, if the local unit of government has created a residential program providing vocational training, education, and substance abuse treatment, designed in whole or in part for persons who complete a program of special alternative incarceration.   (10) The order of probation under subsection (1) may authorize the department of corrections to require a person who successfully completes a special alternative incarceration program to also successfully complete an additional period of not more than 120 days of residential treatment in a program operated by the department of corrections pursuant to section 4(2) of the special alternative incarceration act, 1988 PA 287, MCL 798.14. A probationer sentenced pursuant to subsection (9) is not eligible for residential treatment pursuant to this subsection.  (11) An order of probation under subsection (1) that requires an additional period of residential treatment upon completion of the special alternative incarceration program shall be considered to be entered pursuant to subsection (9).  (12) A person who successfully completes a program of special alternative incarceration shall be placed on probation under intensive supervision for a period of not less than 120 days. The period of probation under intensive supervision shall begin upon the completion of the program of special alternative incarceration, unless the person has been ordered to complete an additional program of residential treatment as described in subsection (9) or (10), in which case the period of probation under intensive supervision shall begin upon completion of the program of residential treatment.   (13) Upon receiving a satisfactory report of performance in the program from the department of corrections, the court shall authorize the release of the person from confinement in the special alternative incarceration unit. The receipt of an unsatisfactory report shall be grounds for revocation of probation as would any other violation of a condition or term of probation.  (14) A term of special alternative incarceration shall be served in the manner provided in the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18.   (15) Except as provided in subsection (16), a person shall not be incarcerated in a special alternative incarceration unit more than once.  (16) If a person was placed in a special alternative incarceration program but was returned to the court for sentencing because of a medical condition existing at the time of the placement, the person may be placed again in a special alternative incarceration program after the medical condition is corrected.   (17) A person who is convicted of any of the following crimes shall not be eligible for placement in the special alternative incarceration program:   (a) A crime described in section 145c, 520b, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520b, 750.520c, 750.520d, and 750.520g.   (b) Section 72, 73, or 75 of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.73, and 750.75.  (c) An attempt to commit a crime described in subdivision (a) or (b). History: Add. 1988, Act 286, Imd. Eff. Aug. 1, 1988 ;-- Am. 1989, Act 304, Imd. Eff. Jan. 3, 1990 ;-- Am. 1992, Act 21, Imd. Eff. Mar. 19, 1992 ;-- Am. 1994, Act 426, Imd. Eff. Jan. 6, 1995 ;-- Am. 1998, Act 49, Imd. Eff. Mar. 30, 1998