EXECUTIVE ORDER No. 2008 - 18

DEPARTMENT OF CORRECTIONS
MICHIGAN PRISONER REENTRY ADVISORY COUNCIL

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, nearly 12,000 former prisoners are released into Michigan communities each year, affecting public safety, public health, economic and community well-being, and family networks;

WHEREAS, reliable research shows that the successful transition of offenders to communities saves taxpayer money, reduces crime, and enhances public safety;

WHEREAS, recognizing the importance of the successful transition of offenders to communities, this administration has encouraged the development of an effective strategy for offender rehabilitation to help families and communities build support systems for offenders upon release;

WHEREAS, the Michigan Prisoner ReEntry Initiative was implemented in 8 counties by the Department of Corrections in 2006, expanded to all 83 counties in 2007, and will be fully implemented by 2009;

WHEREAS, the mission of the Michigan Prisoner ReEntry Initiative is to reduce crime by implementing a seamless plan of services and supervision developed with each offender through state, local, public, and private collaboration;

WHEREAS, despite research showing that released offenders without stable housing are more likely to return to prison, the scarcity of affordable and available housing, legal barriers and regulations, and eligibility requirements for federally subsidized housing can complicate the process of securing stable housing;
 
WHEREAS, a majority of offenders have a history of substance abuse and, although prison-based substance abuse treatment has shown success in reducing drug use and crime, especially when coupled with aftercare treatment in the community, only a small fraction of offenders receive treatment during and after incarceration;

WHEREAS, educational and training programs that address fundamental abilities and teach skills directly applicable to employment readiness contribute to the successful transition of offenders into society and reduce recidivism;

WHEREAS, formal establishment of an advisory council among state departments and agencies dedicated to addressing successful offender transition is necessary and appropriate to facilitate the development and implementation of policies to improve reentry services;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS As used in this Order:

A. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the Department of Community Health under Executive Order 1996-1, MCL 330.3101.

B. "Department of Corrections" or "Department" means the principal department of state government created under Section 1 of the Corrections Code of 1953, 1953 PA 232, MCL 791.201, Section 275 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.375, and Executive Order 1991-12, MCL 791.302.

C. "Department of Education" means the principal department of state government required by Section 3 of Article VII of the Michigan Constitution of 1963 and created under Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400.

D. "Department of Human Services" means the principal department of state government created as the Department of Social Services by Section 450 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.550, renamed the Family Independence Agency by 1995 PA 223, MCL 400.1, and renamed the Department of Human Services by Executive Order 2004-38.

E. "Department of Labor and Economic Growth" means the principal department of state government created as the Department of Commerce by Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, renamed the Department of Consumer and Industry Services by Executive Order 1996-2, MCL 445.2001, and renamed the Department of Labor and Economic Growth by Executive Order 2003-18, MCL 445.2011.

F. "Michigan State Housing Development Authority" or "Authority" means the public body corporate and politic created under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421.

G. "Governor's Office of Community and Faith-Based Initiatives" means that office established within the Department of Human Services by Executive Order 2005-6.

H. "Michigan Prisoner ReEntry Advisory Council" or "Council" means the Michigan Prisoner ReEntry Advisory Council created within the Department of Corrections under this Order.

II. CREATION OF THE MICHIGAN PRISONER REENTRY ADVISORY COUNCIL

A. The Michigan Prisoner ReEntry Advisory Council is created as an advisory body within the Department of Corrections.

B. The Council shall consist of the following 7 members:

1. The Director of the Department of Corrections.

2. The Director of the Department of Community Health or his or her designee from within the Department of Community Health.

3. The Director of the Department of Labor and Economic Growth or his or her designee from within the Department of Labor and Economic Growth.

4. The Director of the Department of Human Services or his or her designee from within the Department of Human Services.

5. The Executive Director of the Michigan State Housing Development Authority or his or her designee from within the Michigan State Housing Development Authority.

6. The Superintendent of Public Instruction or his or her designee from within the Department of Education.

7. The Director of the Governor's Office of Community and Faith-Based Initiatives.

C. The Director of the Department of Corrections shall serve as Chairperson of the Michigan Prisoner ReEntry Advisory Council.

III. CHARGE TO THE COUNCIL

A. The Council shall do all of the following:

1. Identify barriers in each Council member's department or agency that may hinder the successful transition of offenders returning to communities, and develop and implement policies, procedures, and programs to overcome such barriers.

2. Identify methods to improve collaboration and coordination of offender transition services, including cross-training, information-sharing systems, and policies, procedures, and programs that measure offender reentry management with well-defined, performance-based outcomes.

3. Consult with state and local agencies, organizations, and community leaders with expertise in the areas of prison facilities, parole decision-making, reentry, and community supervision to collaborate on offender transition issues and ways of improving operations.

4. Consult with representatives from professional associations, volunteer and faith-based organizations, and local treatment and rehabilitation agencies to collaborate on offender transition issues and ways of improving operations.

5. Provide recommendations to the Governor as to how the Governor and other state departments and agencies may assist the Council in overcoming the barriers it has identified to the successful transition and reintegration of offenders returning to communities.

6. Provide recommendations to the Governor on how state laws and sentencing guidelines may be improved in order to contribute to the successful transition and reintegration of offenders into society and reduce recidivism.

B. The Council shall issue a report to the Governor on December 1 of each year, which shall detail the accomplishments of the Council and the effectiveness of agency coordination and communications, identify any administrative or legal barriers that might be impeding the more effective operation of the Council, and make recommendations for executive or legislative measures to improve offender transition and reintegration services.    
 
IV. OPERATIONS OF THE COUNCIL

A. The Council shall be staffed and assisted by personnel from the Department, subject to available funding.  Any budgeting, procurement, or related management functions of the Council shall be performed under the direction and supervision of the Director of the Department.

B. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

C. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council's business.  The Council shall act by a majority vote of its serving members.

D. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

E. The Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public.  The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

F. Members of the Council shall serve without compensation.  Members of the Council may receive reimbursement for necessary travel and expenses consistent with relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Management and Budget, subject to available funding.

G. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

H. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

I. All state departments and agencies shall cooperate with the Council in the performance of its duties and responsibilities under this Order.  The Council may request, and state departments and agencies shall provide, information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

J. Members of the Council shall refer all legal, legislative, and media contacts to the Department.

V. MISCELLANEOUS

A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 17th day of July in the year of our Lord, two thousand and eight.
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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE