2.13Probation Swift and Sure Sanctions Act
“The swift and sure sanctions probation program (SSSPP) is an intensive probation supervision program that targets high-risk felony offenders with a history of probation violations or failures. . . . SSSPP participants are closely monitored, including being subjected to frequent random testing for drug and alcohol use and being required to attend frequent meetings with probation and/or case management staff. SSSPP aims to improve probationer success by promptly imposing graduated sanctions, including small amounts of jail time, for probation violations. Judges in Michigan’s SSSPP courts have reported a reduction in positive drug tests and failures to appear at scheduled meetings with probation officers among their SSSPP participant population.” See https://www.courts.michigan.gov/administration/court-programs/swift-and-sure-sanctions-probation-program/.
“The circuit court in any judicial circuit may adopt or institute a swift and sure sanctions court, by statute or court rule.” MCL 600.1086(1). “A swift and sure sanctions court shall carry out the purposes of the swift and sure sanctions act, [MCL 771A.1 et seq].” MCL 600.1086(2).
A.Intent to Create and Implementation
“It is the intent of the legislature to create a voluntary state program to fund swift and sure probation supervision based on the immediate detection of probation violations and the prompt imposition of sanctions and remedies to address those violations.” MCL 771A.3. “In furtherance of this intent, the state swift and sure sanctions program must be implemented and maintained as provided in [MCL 771A.1 et seq.] as follows:
(a) Probationers are to be sentenced with prescribed terms of probation meeting the objectives of [MCL 771A.1 et seq]. Probationers are to be aware of their probation terms as well as the consequences for violating the terms of their probation.
(b) Probationers are to be closely monitored and every detected violation is to be promptly addressed by the court.
(c) Probationers are to be arrested as soon as a violation has been detected and are to be promptly taken before a judge for a hearing on the violation.
(d) Continued violations are to be addressed by increasing sanctions and remedies as necessary to achieve results.
(e) To the extent possible and considering local resources, probationers subject to swift and sure probation under [MCL 771A.1 et seq.] shall be treated uniformly throughout this state.” MCL 771A.3.
“A court may apply for a grant to fund a program of swift and sure probation supervision under [MCL 771A.1 et seq.] by filing a written application with the state court administrative office in the manner required by that office.” MCL 771A.4(3).
C.Participants From Other Jurisdictions
“A court that has received a grant under [MCL 771A.1 et seq.] to fund programs of swift and sure probation supervision may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a swift and sure probation supervision program in the jurisdiction where the participant is charged.” MCL 771A.4(4). “The transfer may occur at any time during the proceedings, including, but not limited to, prior to adjudication.” Id. “The receiving court shall have jurisdiction to impose sentence, including, but not limited to, sanctions, incentives, incarceration, and phase changes.” Id. “A transfer under [MCL 771A.4(4)] is not valid unless it is agreed to by all of the following individuals:
(a) The defendant or respondent in writing.
(b) The attorney representing the defendant or respondent.
(c) The judge of the transferring court and the prosecutor of the case.
(d) The judge of the receiving court and the prosecutor of the receiving court funding unit.” Id. See also MCL 600.1086(3).
“A judge shall do all of the following if swift and sure probation applies to a probationer:
(a) Inform the probationer in person of the requirements of his or her probation and the sanctions and remedies that may apply to probation violations.
(b) Adhere to and not depart from the prescribed list of sanctions and remedies imposed on the probationer.
(c) Require the probationer to initially meet in person with a probation agent or probation officer and as otherwise required by the court.
(d) Provide for an appearance before the judge or another judge for any probation violation as soon as possible but within 72 hours after the violation is reported to the court unless a departure from the 72-hour requirement is authorized for good cause as determined by criteria established by the state court administrative office.
(e) Provide for the immediate imposition of sanctions and remedies approved by the state court administrative office to effectively address probation violations. The sanctions and remedies approved under this subdivision may include, but are not limited to, 1 or more of the following:
(i) Temporary incarceration in a jail or other facility authorized by law to hold probation violators.
(ii) Extension of the period of supervision within the period provided by law.
(iii) Additional reporting and compliance requirements.
(iv) Testing for the use of drugs and alcohol.
(v) Counseling and treatment for emotional or other mental health problems, including for substance abuse.
(vi) Probation revocation.
(vii) Any other sanction approved by the state court administrative office.” MCL 771A.5(1).
E.Power of the State Court Administrative Office
“The state court administrative office may, under the supervision of the supreme court, do any of the following regarding programs funded under [MCL 771A.1 et seq.]:
(a) Establish general eligibility requirements for offender participation.
(b) Require courts and offenders to enter into written participation agreements.
(c) Create recommended and mandatory sanctions and remedies for use by participating courts.
(d) Establish criteria for deviating from recommended and mandatory sanctions and remedies if necessary to address special circumstances.
(e) Establish a system for determining sanctions and remedies that should or may be imposed under subdivision (c) and for alternative sanctions and remedies under subdivision (d).” MCL 771A.5(2).
F.Programming Requirements/Consultation
“The state court administrative office may, under the supervision of the supreme court, consult with the department of corrections to establish programming requirements under [MCL 771A.1 et seq].” MCL 771A.6(1).
G.Eligibility of Individual/Exceptions
“An individual is eligible for the swift and sure probation supervision program if he or she receives a risk score of other than low on a validated risk assessment.” MCL 771A.6(2).
“A defendant who is charged with a crime under 1 or more of the following is not eligible under [MCL 771A.1 et seq.]:
(a) [MCL 750.316, MCL 750.317, MCL 750.520b, MCL 750.520d, MCL 750.529, or MCL 750.544].
(b) A major controlled substance offense . . . except for a violation of [MCL 333.7403(2)(a)(v)].” MCL 771A.6(3).
See also the Michigan Judicial Institute’s table listing all the charges that render a defendant ineligible.