HB-4348, As Passed House, June 28, 2007
SUBSTITUTE FOR
HOUSE BILL NO. 4348
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2008; to provide for the
expenditure of the appropriations; to provide for reports; to
provide for the creation of certain advisory committees and boards;
to prescribe certain powers and duties of the department of
corrections, certain other state officers and agencies, and certain
advisory committees and boards; to provide for the collection of
certain funds; and to provide for the disposition of fees and other
income received by certain state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
corrections for the fiscal year ending September 30, 2008, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY:
Average population............................. 53,444
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 18,275.2
GROSS APPROPRIATION.................................... $ 2,115,220,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,264,600
ADJUSTED GROSS APPROPRIATION........................... $ 2,113,956,300
Federal revenues:
Total federal revenues................................. 10,340,700
Special revenue funds:
Total local revenues................................... 429,700
Total private revenues................................. 0
Total other state restricted revenues.................. 70,285,900
State general fund/general purpose..................... $ 2,032,900,000
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions............ 8.0
Unclassified positions--16.0 FTE positions............. $ 1,373,500
Executive direction--8.0 FTE positions................. 1,790,000
Legislative corrections ombudsman...................... 1,250,000
Sentencing guidelines commission....................... 500,000
Mental health study.................................... 300,000
GROSS APPROPRIATION.................................... $ 5,213,500
Appropriated from:
State general fund/general purpose..................... $ 5,213,500
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 56.0
Planning, community development, and research--30.0
FTE positions........................................ $ 2,801,700
Drug treatment courts.................................. 1,300,000
Mental health treatment courts......................... 1,900,000
Prisoner reintegration programs........................ 56,214,300
Community corrections administration--17.0 FTE
positions............................................ 1,891,300
Substance abuse testing and treatment services--9.0
FTE positions........................................ 20,042,800
Residential services................................... 16,925,500
Community corrections comprehensive plans and services. 22,619,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 2,097,400
Local jail programs.................................... 6,900,000
County jail reimbursement program...................... 4,100,000
GROSS APPROPRIATION.................................... $ 136,842,100
Appropriated from:
Federal revenues:
DOJ, office of justice programs, Byrne grants.......... 729,400
DOJ, office of justice programs, RSAT.................. 142,800
DOJ, prisoner reintegration............................ 1,035,000
DOJ, state criminal alien assistance program........... 81,300
Special revenue funds:
Telephone fees and commissions......................... 7,906,500
Civil infraction fees.................................. 7,514,400
State general fund/general purpose..................... $ 119,432,700
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 259.1
Operations support administration--3.0 FTE positions... $ 405,000
Bureau of human resources--159.2 FTE positions......... 15,881,900
Human resources optimization user charges.............. 1,079,700
New custody staff training............................. 15,033,000
Compensatory buyout and union leave bank............... 275,000
Worker's compensation.................................. 16,862,000
Bureau of fiscal management--60.9 FTE positions........ 5,287,900
Office of legal services--28.0 FTE positions........... 3,086,200
Internal affairs--8.0 FTE positions.................... 814,100
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,500
Administrative hearings officers....................... 3,963,900
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 71,760,400
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 695,900
Special revenue funds:
Local corrections officer training fund................ 500,000
Correctional industries revolving fund................. 107,800
State general fund/general purpose..................... $ 70,456,700
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,905.9
Field operations--1,788.9 FTE positions................ $ 151,218,500
Parole board operations--33.0 FTE positions............ 2,883,200
Parole/probation services.............................. 2,867,300
Community reentry centers--48.0 FTE positions.......... 14,886,100
Electronic monitoring center--36.0 FTE positions....... 5,757,800
Alternatives to prison jail program.................... 1,619,600
Alternatives to prison treatment program............... 400,000
GROSS APPROPRIATION.................................... $ 179,632,500
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 429,700
Parole and probation oversight fees.................... 10,753,900
Tether program, participant contributions.............. 6,010,800
Parole and probation oversight fees set-aside.......... 3,267,300
Offender reimbursements................................ 133,900
Public works user fees................................. 431,000
Telephone fees and commissions......................... 2,522,200
State general fund/general purpose..................... $ 156,083,700
Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION
Full-time equated classified positions.......... 926.5
Correctional facilities administration--259.0 FTE
positions............................................ $ 27,716,100
Central records--63.0 FTE positions.................... 5,295,800
Inmate legal services.................................. 314,900
Loans to parolees...................................... 160,000
Housing inmates in federal institutions................ 793,900
Prison industries operations--219.0 FTE positions...... 20,097,000
Education services and federal education grants--10.0
FTE positions........................................ 5,718,900
Federal school lunch program........................... 712,800
Inmate housing fund.................................... 100
MPRI education program--375.5 FTE positions............ 39,226,800
GROSS APPROPRIATION.................................... $ 100,036,300
Appropriated from:
Federal revenues:
DAG-FNS, national school lunch......................... 712,800
DED-OESE, title 1...................................... 521,800
DED-OVAE, adult education.............................. 1,892,500
DED, adult literacy grants............................. 308,300
DED-OSERS.............................................. 101,300
DED, vocational education equipment.................... 277,300
DED, youthful offender/Specter grant................... 1,289,400
DOJ-BOP, federal prisoner reimbursement................ 211,000
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 1,010,000
DOJ, prison rape elimination act grant................. 1,000,000
SSA-SSI, incentive payment............................. 123,600
Special revenue funds:
Correctional industries revolving fund................. 20,097,000
State general fund/general purpose..................... $ 72,491,300
Sec. 107. CONSENT DECREES
Full-time equated classified positions.......... 471.3
Hadix consent decree--138.0 FTE positions.............. $ 12,102,000
DOJ consent decree--106.8 FTE positions................ 10,031,300
DOJ psychiatric plan - MDCH mental health services..... 38,748,900
DOJ psychiatric plan - MDOC staff and services--226.5
FTE positions........................................ 17,986,500
GROSS APPROPRIATION.................................... $ 78,868,700
Appropriated from:
State general fund/general purpose..................... $ 78,868,700
Sec. 108. HEALTH CARE
Full-time equated classified positions........ 1,042.1
Health care administration--13.0 FTE positions......... $ 2,098,600
Hospital and specialty care services................... 79,723,000
Vaccination program.................................... 691,200
Northern region clinical complexes--270.9 FTE
positions............................................ 36,371,200
Southeastern region clinical complexes--455.4 FTE
positions............................................ 69,365,300
Southwestern region clinical complexes--302.8 FTE
positions............................................ 41,304,000
GROSS APPROPRIATION.................................... $ 229,553,300
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 331,400
State general fund/general purpose..................... $ 229,221,900
Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 16,039
Full-time equated classified positions........ 4,247.1
Alger maximum correctional facility - Munising--344.1
FTE positions........................................ $ 33,960,800
Average population................................ 849
Baraga maximum correctional facility - Baraga--416.6
FTE positions........................................ 40,260,300
Average population.............................. 1,172
Chippewa correctional facility - Kincheloe--563.7 FTE
positions............................................ 54,607,900
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--586.7 FTE
positions............................................ 60,030,500
Average population.............................. 2,919
Marquette branch prison - Marquette--386.7 FTE
positions............................................ 40,329,200
Average population.............................. 1,201
Newberry correctional facility - Newberry--346.0 FTE
positions............................................ 32,919,900
Average population.............................. 1,242
Oaks correctional facility - Eastlake--335.6 FTE
positions............................................ 35,911,000
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--284.3 FTE
positions............................................ 27,044,000
Average population.............................. 1,378
Pugsley correctional facility - Kingsley--243.4 FTE
positions............................................ 22,876,800
Average population.............................. 1,158
Saginaw correctional facility - Freeland--345.0 FTE
positions............................................ 34,368,700
Average population.............................. 1,480
Standish maximum correctional facility - Standish--
395.0 FTE positions.................................. 40,178,000
Average population.............................. 1,202
GROSS APPROPRIATION.................................... $ 422,487,100
Appropriated from:
Special revenue funds:
Public works user fees................................. 2,107,600
Resident stores........................................ 1,365,000
State general fund/general purpose..................... $ 419,014,500
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 18,533
Full-time equated classified positions........ 5,052.2
Cooper Street correctional facility - Jackson--298.8
FTE positions........................................ $ 31,177,900
Average population.............................. 1,752
G. Robert Cotton correctional facility - Jackson--
435.3 FTE positions.................................. 42,316,900
Average population.............................. 1,854
Charles E. Egeler correctional facility - Jackson--
496.4 FTE positions.................................. 51,329,300
Average population.............................. 1,591
Gus Harrison correctional facility - Adrian--502.5 FTE
positions............................................ 49,948,000
Average population.............................. 2,262
Huron Valley correctional complex - Ypsilanti--709.0
FTE positions........................................ 69,230,300
Average population.............................. 1,772
Macomb correctional facility - New Haven--360.5 FTE
positions............................................ 34,173,900
Average population.............................. 1,468
Mound correctional facility - Detroit--305.6 FTE
positions............................................ 28,449,700
Average population.............................. 1,051
Parnall correctional facility - Jackson--282.6 FTE
positions............................................ 28,647,100
Average population.............................. 1,584
Ryan correctional facility - Detroit--334.6 FTE
positions............................................ 31,343,300
Average population.............................. 1,059
Robert Scott correctional facility - Plymouth--374.5
FTE positions........................................ 35,216,400
Average population.............................. 1,040
Southern Michigan correctional facility - Jackson--
423.8 FTE positions.................................. 39,463,700
Average population.............................. 1,481
Thumb correctional facility - Lapeer--320.6 FTE
positions............................................ 31,748,500
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--126.0 FTE positions................... 11,959,900
Average population................................ 400
Jackson area support and services--82.0 FTE positions.. 15,591,600
GROSS APPROPRIATION.................................... $ 500,596,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 568,700
Federal revenues:
DOJ, state criminal alien assistance program........... 904,200
Special revenue funds:
Public works user fees................................. 2,119,500
Resident stores........................................ 1,597,900
State general fund/general purpose..................... $ 495,406,200
Sec. 111. SOUTHWESTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 18,872
Full-time equated classified positions........ 4,307.0
Bellamy Creek correctional facility - Ionia--470.5 FTE
positions............................................ $ 48,152,700
Average population.............................. 1,850
Earnest C. Brooks correctional facility - Muskegon--
496.7 FTE positions.................................. 49,654,000
Average population.............................. 2,360
Carson City correctional facility - Carson City--514.2
FTE positions........................................ 51,478,300
Average population.............................. 2,360
Richard A. Handlon correctional facility - Ionia--
255.2 FTE positions.................................. 26,051,800
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--334.8 FTE
positions............................................ 32,238,000
Average population................................ 707
Lakeland correctional facility - Coldwater--671.9 FTE
positions............................................ 66,903,800
Average population.............................. 3,152
Muskegon correctional facility - Muskegon--246.4 FTE
positions............................................ 26,235,100
Average population.............................. 1,326
Pine River correctional facility - St. Louis--221.6
FTE positions........................................ 21,615,900
Average population.............................. 1,120
Riverside correctional facility - Ionia--501.8 FTE
positions............................................ 49,670,100
Average population.............................. 2,331
St. Louis correctional facility - St. Louis--593.9 FTE
positions............................................ 56,677,000
Average population.............................. 2,346
GROSS APPROPRIATION.................................... $ 428,676,700
Appropriated from:
Special revenue funds:
Public works user fees................................. 954,900
Resident stores........................................ 1,866,800
State general fund/general purpose..................... $ 425,855,000
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 17,639,900
GROSS APPROPRIATION.................................... $ 17,639,900
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 141,600
Parole and probation oversight fees set-aside.......... 556,400
State general fund/general purpose..................... $ 16,941,900
Sec. 113. SENTENCING REFORM
Sentencing reform policy savings....................... $ (76,000,000)
Truth in sentencing savings............................ (100)
Field operations reinvestment.......................... 19,914,000
GROSS APPROPRIATION.................................... $ (56,086,100)
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ (56,086,100)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2007-2008 is $2,103,185,900.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2007-2008 is $109,926,000.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff................................................... $ 47,487,800
Public service work projects........................... 11,826,600
Community corrections comprehensive plans and services. 22,619,000
Community corrections residential services............. 16,925,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program....................................... 2,097,400
Local jail programs.................................... 6,900,000
Alternatives to prison jail program.................... 1,619,600
Alternatives to prison treatment program............... 400,000
Regional jail program.................................. 100
TOTAL.................................................. $ 109,926,000
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DAG-FNS" means the DAG food and nutrition service.
(c) "DED" means the United States department of education.
(d) "DED-OESE" means the DED office of elementary and
secondary education.
(e) "DED-OSERS" means the DED office of special education and
rehabilitative services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" or "MDOC" means the Michigan department of
corrections.
(h) "DOJ" means the United States department of justice.
(i) "DOJ-BOP" means the DOJ bureau of prisons.
(j) "DOJ-OJP" means the DOJ office of justice programs.
(k) "FTE" means full-time equated.
(l) "GED" means general education diploma.
(m) "GPS" means global positioning system.
(n) "IDG" means interdepartmental grant.
(o) "IDT" means intradepartmental transfer.
(p) "MDCH" means the Michigan department of community health.
(q) "MDSP" means the Michigan department of state police.
(r) "MPRI" means the Michigan prisoner reentry initiative.
(s) "OCC" means the office of community corrections.
(t) "RSAT" means residential substance abuse treatment.
(u) "SSA" means the United States social security
administration.
(v) "SSA-SSI" means SSA supplemental security income.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to the
hiring freeze imposed under subsection (1) when the state budget
director believes that the hiring freeze will result in rendering a
state department or agency unable to deliver basic services, cause
loss of revenue to the state, result in the inability of the state
to receive federal funds, or necessitate additional expenditures
that exceed any savings from maintaining a vacancy. The state
budget director shall report quarterly to the chairpersons of the
senate and house of representatives standing committees on
appropriations the number of exceptions to the hiring freeze
approved during the previous quarter and the reasons to justify the
exception.
Sec. 206. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 207. At least 120 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate senate and house of representatives appropriations
subcommittees and the senate and house fiscal agencies. The plan
shall include the criteria under which the privatization initiative
will be evaluated. The evaluation shall be completed and submitted
to the appropriate senate and house of representatives
appropriations subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 207a. (1) Before privatizing any services or activities
currently provided by state employees in the department, a
department or agency shall submit to the senate and house
appropriations committees a detailed preprivatization cost-benefit
analysis. This analysis shall utilize accurate, reliable, and
objective data, and shall use the most actuarially sound techniques
available to the department or agency. Included in this analysis
shall be a detailed comparative estimate of the costs that will be
incurred by the state over the life of the contract if either or
both of the following occur:
(a) The service or activity continues to be provided by state
employees.
(b) The service or activity is privatized. The costs of
privatizing these services shall include the costs of all necessary
monitoring and oversight of the private entity by the state. The
department or agency shall use only accurate and up-to-date bids
from reputable companies with a previous history or reputation of
providing quality services or activities. These private entities
must be adequately bonded, so as not to expose the state to any
potential future liability or legal causes of action.
(2) The department or agency shall not commence any efforts to
privatize the services or activities currently provided by state
employees under appropriations made by this act until the cost-
benefit analysis prescribed by subsection (1) has been reviewed and
approved by both the senate and house appropriations committees and
proves a cost savings of at least 10% of the costs of continuing to
use state employees in providing the services or activities.
(3) The department or agency shall not commence any efforts to
renew, extend, or expand contracts for services or activities
previously contracted out that were at 1 time performed by state
employees until it performs a cost-benefit analysis as prescribed
by subsection (1) using the actual contract cost, any cost
overruns, and any additional expenses the state has incurred. This
cost-benefit analysis must be reviewed and approved by both the
senate and house appropriations committees and show a cost savings
of at least 10% of the cost of having state employees provide the
services or activities.
(4) If, after analyzing a contract under subsection (3), it is
determined that the contract is not in compliance with the
requirements of this section, the state department or agency shall
reassume the responsibility of providing these previously
contracted services or activities.
(5) A private contractor with a contract with this state that
expends state or federal tax dollars shall have all records
concerning state contracts be subject to the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246, and a full and
comprehensive audit upon the request of any member of the senate or
house appropriations committee.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement or
it may include placement of reports on an Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 210. (1) Pursuant to the provisions of civil service
rules and regulations and applicable collective bargaining
agreements, individuals seeking employment with the department
shall submit to a controlled substance test. The test shall be
administered by the department.
(2) Individuals seeking employment with the department who
refuse to take a controlled substance test or who test positive for
the illicit use of a controlled substance on such a test shall be
denied employment.
Sec. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, public work programs, and
services provided to units of government. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
Sec. 212. Preference should be given to purchasing produce
from Michigan growers and processors when their produce is
competitively priced and of comparable quality.
Sec. 213. By February 15, 2008, the department shall provide
the members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a report detailing nongeneral fund/general
purpose sources of revenue, including, but not limited to, federal
revenues, state restricted revenues, local and private revenues,
offender reimbursements and other payments, revolving funds, and 1-
time sources of revenue, whether or not such revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2006-2007, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2006-2007, the account balance at the close of fiscal year
2006-2007, and the projected revenues and expenditures for fiscal
year 2007-2008.
Sec. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. These user fees are subject to provisions of
an interagency agreement between the departments and agencies and
the department of information technology.
Sec. 215. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support department of corrections technology projects under the
direction of the department of information technology. Funds
designated in this manner are not available for expenditure until
approved as work projects under section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health, safety, or
health and safety of Michigan citizens or visitors or to assist
other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, or both, including protecting existing
federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions listed in subsection (1), the state budget
director may grant an exception to allow the travel. Any exceptions
granted by the state budget director shall be reported on a monthly
basis to the senate and house standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the senate and house of
representatives standing committees on appropriations, the fiscal
agencies, and the state budget director. The report shall include
the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services, supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in deprived and
depressed communities for services, supplies, or both.
Sec. 218. It is the intent of the legislature that no
expenditures for employee dry cleaning allowances be made or
obligations to pay employee dry cleaning allowances be incurred for
dry cleaning allowances in excess of the amounts authorized under
collective bargaining contracts in effect from January 1, 2002 to
December 31, 2004. Payment of obligations to pay dry cleaning
allowances incurred during the fiscal year 2006-2007 shall be paid
from fiscal year 2006-2007 appropriations that otherwise would
lapse to the general fund.
Sec. 219. It is the intent of the legislature that any
contract for prisoner telephone services include a condition that
fee schedules for prisoner telephone calls be the same as fee
schedules for calls placed from outside of correctional facilities.
EXECUTIVE
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates by February 1, 2008 to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget director. The report
shall include explanations of the methodology and assumptions used
in developing the projection updates.
Sec. 402. The department shall prepare by April 1, 2008
individual reports for the community re-entry program, the
electronic tether program, and the special alternative to
incarceration program. The reports shall be submitted to the house
and senate appropriations subcommittees on corrections, the house
and senate fiscal agencies, and the state budget director. Each
program's report shall include information on all of the following:
(a) Monthly new participants.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 403. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director by April 1, 2008 on
the ratio of correctional officers to prisoners for each
correctional institution, the ratio of shift command staff to line
custody staff, and the ratio of noncustody institutional staff to
prisoners for each correctional institution.
Sec. 404. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) To the extent policies or programs described in subsection
(1) are used, developed, or contracted for, the department may
request that funds appropriated in part 1 be transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393, for their operation.
(3) The department shall continue to utilize parole violator
processing guidelines that require parole agents to utilize all
available appropriate community-based, nonincarcerative postrelease
sanctions and services when appropriate. The department shall
periodically evaluate such guidelines for modification, in response
to emerging information from the pilot projects for substance abuse
treatment provided under this act and applicable provisions of
prior budget acts for the department.
(4) The department shall provide monthly reports to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on the
number of all parolees returned to prison and probationers
sentenced to prison for either a technical violation or new
sentence during the preceding calendar month. The reports shall
include the following information each for probationers, parolees
after their first parole, and parolees who have been paroled more
than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations.
(c) The educational history of those offenders, including how
many had a GED or high school diploma prior to incarceration in
prison, how many received a GED while in prison, and how many
received a vocational certificate while in prison.
(d) The number of offenders who participated in the MPRI
versus the number of those who did not.
Sec. 405. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 406. (1) By April 1, 2008, the department shall provide a
report on prisoner reintegration programs to the members of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director. At
a minimum, the report shall include all of the following
information:
(a) Allocations and projected expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider.
(b) An explanation of the objectives and results measures for
each program.
(c) An explanation of how the programs will be evaluated.
(d) A discussion of the evidence and research upon which each
program is based.
(e) A discussion and estimate of the impact of prisoner
reintegration programs on reoffending and returns to prison.
(f) A progress report on applicable results of each program,
including, but not limited to, the estimated bed space impact of
prisoner reintegration programs.
(2) The department shall provide quarterly reports on January
1, 2008, April 1, 2008, July 1, 2008, and September 30, 2008 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status and recidivism levels of offenders who participated in
the MPRI and have been released. The data should be broken out by
the following 4 offender types: drug, nonassaultive, assaultive,
and sex.
(3) By September 30, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director a
comparison of the overall recidivism rates and length of time prior
to prison return of offenders who participated in the MPRI with
those of offenders who did not. The report should disaggregate the
information by each pilot site in order to compare the practices
and success rates of each pilot.
(4) If practicable, the department shall include prisoners
nearing their maximum sentence in the prison phases of the MPRI.
Sec. 407. (1) By October 15, 2007, and as a condition of
expending funds appropriated in part 1 for prisoner reintegration
programs, the department shall develop and implement uniform
minimum standards for MPRI pilot sites and the expenditure of MPRI
funds, including funds appropriated for prisoner reintegration
programs. At a minimum, the standards shall address all of the
following:
(a) The acceptable range or ranges for administrative costs.
(b) How local program results are to be reported and quantified.
(c) The acceptable range or ranges for per-participant
expenditures.
(d) Any other standards determined by the department to be
consistent with good management practices and optimum program
results.
(2) By October 15, 2007, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the standards required by subsection (1). The report shall include
information explaining how each standard was determined and how it
is being implemented.
Sec. 408. By March 1, 2008, the department shall report to the
senate and house subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director on offenders who
have served their maximum sentence and been released from prison in
the last 5 years. The report shall include the following
information:
(a) The number of offenders who were paroled and returned to
prison prior to serving their maximum sentence compared to the
number of offenders who served their maximum sentence without ever
having been paroled.
(b) The number of offenders disaggregated by major offense type:
assaultive, nonassaultive, drug, and sex.
(c) The educational history of those offenders, including how
many had a GED or high school diploma prior to incarceration in
prison, how many received a GED while in prison, and how many
received a vocational certificate while in prison.
(d) A comparison of each offender's original offense to the
offender's new offense by major offense type: assaultive,
nonassaultive, drug, and sex, for offenders who have since returned
to prison with a new commitment after previously serving a maximum
sentence.
Sec. 409. As a condition of expending funds appropriated for
planning, community development and research and prisoner
reintegration programs under part 1, the department shall by
January 31, 2008 provide a plan to reduce recidivism rates among
prisoners released from correctional facilities to the members of
the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget director. The plan
shall include detailed information on recidivism rates in this
state for the most recent 5-year period, a detailed comparison of
those rates to rates in other states and a national average, and
details on how the department plans to improve recidivism rates.
The plan also shall include details on how the department proposes
to measure the success of the plan.
Sec. 410. Funds appropriated in part 1 for the legislative
corrections ombudsman are appropriated as an interdepartmental
grant to the legislative council for the purpose of reestablishing
the office of the legislative corrections ombudsman under 1975 PA
46, MCL 4.351 to 4.364. The department shall not expend
appropriations from part 1 to satisfy charges from the legislative
council for the office of legislative corrections ombudsman in
excess of the amount expressly appropriated under this act for the
legislative corrections ombudsman.
Sec. 411. Funds appropriated in part 1 for the sentencing
guidelines commission are appropriated as an interdepartmental
grant to the legislative council for the purpose of establishing a
sentencing guidelines commission as provided by House Bill No. 4964
of the 2007-2008 legislative session. The department shall not
expend appropriations from part 1 to satisfy charges from the
legislative council for the sentencing guidelines commission in
excess of the amount expressly appropriated by this act for the
sentencing guidelines commission.
Sec. 412. (1) From the funds appropriated in part 1 for the
mental health study, the department shall allocate not more than
$300,000.00 for the purpose of contracting with a state university
for an independent study prescribed under this section.
(2) In consultation with the department of community health,
the department shall contract with a state university for an
independent study on the prevalence of prisoners in need of mental
health treatment, substance abuse services, or both, and on the
provision of services to prisoners in need of mental health
treatment, substance abuse services, or both. At a minimum, the
study shall collect and evaluate data on all of the following:
(a) The number of prisoners currently receiving substance
abuse services, including a description and breakdown of the type
of substance abuse services provided to prisoners.
(b) The number of prisoners with a primary diagnosis of mental
illness, the number of those prisoners deemed to currently require
mental health treatment, and the number of those prisoners
currently receiving mental health services, including a description
and breakdown, encompassing, at a minimum, the categories of
inpatient, residential, and outpatient care, of the type of mental
health services provided to those prisoners.
(c) The number of prisoners with a primary diagnosis of mental
illness and currently receiving substance abuse services, including
a description and breakdown, encompassing, at a minimum, the
categories of inpatient, residential, and outpatient care, of the
type of treatment provided to those prisoners.
(d) Data indicating whether prisoners with a primary diagnosis
of mental illness were previously hospitalized in a state
psychiatric hospital for persons with mental illness. This data
shall be broken down according to each of the following categories:
(i) All prisoners with a primary diagnosis of mental illness.
(ii) Prisoners with a primary diagnosis of mental illness and
currently receiving mental health services.
(iii) Prisoners with a primary diagnosis of mental illness and
currently receiving substance abuse services.
(3) A report on the study, together with any recommendations
from the university and response from the department, shall be
provided to the members of the senate and house appropriations
subcommittees on corrections and community health, the senate and
house fiscal agencies, the department of community health, and the
state budget director no later than August 1, 2008. The report
shall include all of the information required by subsection (2) and
any university recommendations. The report also shall include a
plan by the department to implement those recommendations with
which it agrees and an explanation of any disagreements with
recommendations.
Sec. 413. (1) Except as provided by subsection (2), funds
appropriated in part 1 for drug treatment courts are appropriated
as an interdepartmental grant to the state court administrative
office for the exclusive purpose of funding drug treatment dockets
to work in cooperation with the Michigan prisoner re-entry
initiative to reduce the numbers of parolees being returned to
prison for substance abuse violations.
(2) Of the amount appropriated for drug treatment courts under
part 1, $100,000.00 is appropriated to the state court
administrative office for the exclusive purpose of contracting for
an independent study of the drug treatment court program as
provided by this section. The study shall be conducted by an entity
with statewide experience in the development and implementation of
the Michigan prisoner re-entry initiative. By August 1, 2008, the
state court administrative office shall provide a report on the
study to the members of the senate and house appropriations
subcommittees on corrections, the senate and house appropriations
subcommittees on community health, the senate and house
appropriations subcommittees on the judiciary, the senate and house
fiscal agencies, and the state budget director. The study shall
include, but not be limited to, all of the following:
(a) Data on the numbers and characteristics of parolees
adjudicated under drug treatment dockets.
(b) An evaluation of the effectiveness of drug treatment
dockets in reducing the numbers of parolees being returned to
prison.
(c) Estimates of fiscal impacts on state and local
correctional agencies.
(d) Recommendations with regard to best practices and funding
of drug treatment dockets for handling parolee cases.
Sec. 414. (1) Funds appropriated in part 1 for mental health
treatment courts are appropriated for the exclusive purpose of
providing interdepartmental grants to the state court
administrative office and the department of community health as
provided by this section.
(2) Of the amount appropriated for mental health treatment
courts under part 1, $684,000.00 is appropriated to the state court
administrative office for the exclusive purpose of funding 4 pilot
mental health treatment dockets, which shall be responsible for
handling cases involving nonviolent offenders with mental illness,
or mental illness co-occurring with substance abuse problems, and
who otherwise likely would be sentenced to imprisonment in a state
correctional facility or jail, according to historical local
sentencing patterns and crime characteristics. Each pilot shall be
allocated $171,000.00 and shall be located as follows: 1 pilot in a
county with a population of more than 2,000,000, 1 pilot in a
county with a population of more than 750,000 but less than
1,000,000, 1 pilot in a county with a population of more than
300,000 but less than 400,000, and 1 pilot in a county with a
population of more than 238,500 but less than 275,000. In disposing
of cases involving offenders with mental illness or co-occurring
disorders, each mental health treatment pilot shall coordinate with
community mental health and law enforcement agencies for offender
assessment and treatment with the objective of diverting offenders
from prison or jail sentences.
(3) Of the amount appropriated for mental health treatment
courts under part 1, $1,116,000.00 is appropriated to the
department of community health for the exclusive purpose of
providing additional funding for community mental health agencies
in counties in which mental health treatment pilots are funded
under this section. Each community mental health agency in a county
in which a mental health treatment pilot is funded under this
section shall be allocated $279,000.00. Each affected community
mental health agency shall cooperate with its local mental health
treatment pilot to provide assessment and treatment services for
offenders in the mental health treatment court program.
(4) Of the amount appropriated for mental health treatment
courts under part 1, $100,000.00 is appropriated to the state court
administrative office for the exclusive purpose of contracting for
an independent study of the mental health treatment docket program
as provided by this section. The study shall be conducted by an
entity with statewide experience in the development and
implementation of the Michigan prisoner re-entry initiative. By
August 1, 2008, the state court administrative office shall provide
a report on the study to the members of the senate and house
appropriations subcommittees on corrections, the senate and house
appropriations subcommittees on community health, the senate and
house appropriations subcommittees on the judiciary, the senate and
house fiscal agencies, and the state budget director. The study
shall include, but not be limited to, all of the following:
(a) Data on the numbers and characteristics of offenders
brought under the jurisdiction of each mental health treatment
docket.
(b) An evaluation of the effectiveness of each pilot mental
health treatment docket in reducing the numbers of mentally ill
offenders in jail or prison.
(c) Estimates of fiscal impacts on state and local
correctional agencies.
(d) Recommendations with regard to best practices and funding
of mental health treatment dockets.
ADMINISTRATION AND PROGRAMS
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. (1) The department shall screen and assess each
prisoner for alcohol and other drug involvement to determine the
need for further treatment. The assessment process shall be
designed to identify the severity of alcohol and other drug
addiction and determine the treatment plan, if appropriate.
(2) Subject to the availability of funding resources, the
department shall provide substance abuse treatment to prisoners
with priority given to those prisoners who are most in need of
treatment and who can best benefit from program intervention based
on the screening and assessment provided under subsection (1).
Sec. 503. (1) In expending residential substance abuse
treatment services funds appropriated under this act, the
department shall ensure to the maximum extent possible that
residential substance abuse treatment services are available
statewide.
(2) By April 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the allocation, distribution, and expenditure of all funds
appropriated by the substance abuse testing and treatment line item
during fiscal year 2006-2007 and projected for fiscal year 2007-
2008. The report shall include, but not be limited to, an
explanation of an anticipated year-end balance, the number of
participants in substance abuse programs, and the number of
offenders on waiting lists for residential substance abuse
programs. Information required under this subsection shall, where
possible, be separated by MDOC administrative region and by
offender type, including, but not limited to, a distinction between
prisoners, parolees, and probationers.
(3) By April 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
substance abuse testing and treatment program objectives, outcome
measures, and results, including program impact on offender
behavior and recidivism.
Sec. 504. The department shall develop and maintain a
statewide waiting list for offenders referred for assessment for
the assaultive offender program for parole eligibility and, if
possible, shall transfer prisoners into facilities where assaultive
offender programs are available in order to facilitate timely
participation and completion prior to parole eligibility hearings.
Nothing in this section should be deemed to make parole denial
appealable in court.
Sec. 505. Funds appropriated in part 1 for administrative
hearings officers are appropriated as an interdepartmental grant to
the department of labor and economic growth for the purpose of
funding administrative hearings officers for adjudication of
grievances pertaining to the department of corrections. The
department shall not expend appropriations from part 1 to satisfy
charges from the department of labor and economic growth for
administrative hearings officers in excess of the amount expressly
appropriated by this act for the administrative hearings officers.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The results of the audit shall be submitted to the senate
and house appropriations subcommittees on corrections and the
senate and house fiscal agencies, and the state budget office by
September 30, 2008.
Sec. 602. (1) Of the amount appropriated in part 1 for field
operations, a sufficient amount shall be allocated for the
community service work program and shall be used for salaries and
wages and fringe benefit costs of community service coordinators
employed by the department to supervise offenders participating in
work crew assignments. Funds shall also be used to cover motor
transport division rates on state vehicles used to transport
offenders to community service work project sites.
(2) The community service work program shall provide offenders
with community service work of tangible benefit to a community
while fulfilling court-ordered community service work sanctions and
other postconviction obligations.
(3) As used in this section, "community service work" means
work performed by an offender in an unpaid position with a
nonprofit or tax-supported or government agency for a specified
number of hours of work or service within a given time period.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the electronic tether program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local community
tether program reimbursement for the electronic tether program
appropriated in part 1 are related to program expenditures and may
be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the community tether program to be
administered by the department. The community tether program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's electronic tether program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the tether units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the tether equipment, replacement
parts, administrative oversight of the equipment's operation,
notification of violators, and periodic reports regarding county
program participants. Counties are responsible for tether equipment
installation and service. For an additional fee as determined by
the department, the department shall provide staff to install and
service the equipment. Counties are responsible for the
coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days
shall be considered in violation of the community tether program
agreement and lose access to the program.
Sec. 604. Community-placement prisoners and parolees shall
reimburse the department for the total costs of the program. As an
alternative method of payment, the department may develop a
community service work schedule for those individuals unable to
meet reimbursement requirements established by the department.
Sec. 606. It is the intent of the legislature that the
department shall ensure that parolees and probationers may timely
contact their parole or probation agents and maintain procedures
that preclude any necessity for an offender to have access to an
agent's home telephone number or other personal information
pertaining to the agent.
Sec. 608. By May 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the use of GPS electronic monitoring. At a minimum, the report
shall include all of the following:
(a) Details on the failure rate of parolees for whom GPS
tether is utilized, including the number and rate of parolee
technical violations, including specifying failures due to
committing a new crime that is uncharged but leads to parole
termination, and the number and rate of parolee violators with new
sentences.
(b) Information on the factors considered in determining
whether an offender is placed on active GPS tether, passive GPS
tether, radio frequency tether, or some combination of these or
other types of electronic monitoring.
(c) Monthly data on the number of offenders on active GPS
tether, passive GPS tether, radio frequency tether, and any other
type of tether.
Sec. 609. By May 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the use of kiosk reporting stations. At a minimum, the report shall
include all of the following:
(a) Factors considered in determining whether an offender is
assigned to report at a kiosk.
(b) Information on the location, costs, safety features, and
other features of kiosks used for offender reporting.
(c) Information on pilot program outcome measures.
(d) An evaluation of the kiosk reporting pilot program,
including any need for improvement and an assessment of the
potential for expanded use of kiosk reporting stations.
Sec. 610. Included in appropriations in part 1 for field
operations are 12.0 FTEs and $977,200.00 and included in the
appropriations for information technology services and projects is
$49,200.00, which together represent increases over the current
year and which are appropriated to support increased field
supervision needs in conjunction with the Michigan prisoner re-
entry initiative (MPRI), in addition to MPRI-related increases
proposed by the executive.
COMMUNITY CORRECTIONS
Sec. 701. The office of community corrections shall provide
and coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. Programs and services to be offered shall include,
but are not limited to, technical assistance for comprehensive
corrections plan development, new program start-up funding, program
funding for those programs delivering services for eligible
offenders in geographic areas identified by the office of community
corrections as having a shortage of available services, technical
assistance, referral services for education, employment services,
and substance abuse and family counseling. As used in this act:
(a) "Alternative to incarceration in a state facility or jail"
means a program that involves offenders who receive a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail based on historical local sentencing
patterns or that amounts to a reduction in the length of sentence
in a jail.
(b) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce prison commitment rates, to reduce the length of stay in a
jail, or to improve the utilization of a jail.
(c) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(d) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(e) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not increase the risk to
the public safety, who have not demonstrated a pattern of violent
behavior, and who do not have criminal records that indicate a
pattern of violent offenses.
(f) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
Sec. 702. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that serve as an
alternative to incarceration in a state facility or jail. The
comprehensive corrections plans shall include an explanation of how
the public safety will be maintained, the goals for the local
jurisdiction, offender target populations intended to be affected,
offender eligibility criteria for purposes outlined in the plan,
and how the plans will meet the following objectives, consistent
with section 8(4) of the community corrections act, 1988 PA 511,
MCL 791.408:
(a) Reduce admissions to prison of nonviolent offenders who
would have otherwise received an active sentence, including
probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on prison commitment rates and
jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50.
Sec. 703. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration program
(boot camp), probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408. The plans shall also include, where appropriate,
provisions that detail how the local communities plan to respond to
sentencing guidelines found in chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69, and the use of the
county jail reimbursement program under section 706 of this act.
The state community corrections board shall encourage local
community corrections boards to include in their comprehensive
corrections plans strategies to collaborate with local alcohol and
drug treatment agencies of the department of community health for
the provision of alcohol and drug screening, assessment, case
management planning, and delivery of treatment to alcohol- and
drug-involved offenders, including, but not limited to, probation
and parole violators who are at risk of revocation.
Sec. 703a. Included in the appropriations in part 1 for
comprehensive plans and services is $10,086,000.00, which shall be
used by the department to fund local programs for offender services
or treatment. A request for funding under this section would have
to be submitted to the department and consistent with a local
comprehensive corrections plan and would have to be for a service
or services being provided due to changes in Michigan's sentencing
laws enacted during the 2007-2008 legislative session. Offender
services which may be funded under this section include, but are
not limited to, offender employment and training services,
education, community service, and drug, alcohol, and mental health
treatment services, including when provided as treatment components
of a drug court program or mental health diversion program. Funds
described in this section also may be used for administrative costs
for a drug court program that specifically limits its services to
participating felons who meet 1 of the following criteria:
(a) The felon's sentencing guidelines recommended range for
the minimum sentence has a lower limit of more than 12 months.
(b) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board.
Sec. 704. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director the following information for each county and
counties consolidated for comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, number and percent statewide and by county,
current year, and comparisons to the previous 3 years.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 705. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, and basic state-required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
basic jail data to the department.
Sec. 706. (1) Subject to subsection (3), from the funds
appropriated in part 1 for the county jail reimbursement program,
the department shall administer a county jail reimbursement program
for the purpose of reimbursing counties for housing in jail
convicted felons who meet both of the following criteria:
(a) The conviction was for a felony committed on or after
January 1, 1999.
(b) Either the felon's sentencing guidelines recommended range
for the minimum sentence has a lower limit of more than 12 months
or the felon was sentenced to jail for a felony committed while he
or she was on parole and under the jurisdiction of the parole board
and for which the sentencing guidelines recommended range for the
minimum sentence has an upper limit of more than 18 months.
(2) Subject to subsection (3), the department shall reimburse
counties for all applicable offenders for whom documentation is
received by October 15 for the fiscal year ending the previous
September 30.
(3) Expenditures for the county jail reimbursement program
shall not exceed the amount appropriated under part 1 for the
county jail reimbursement program. Expenditures under the county
jail reimbursement program shall not exceed the amount of
restricted revenue collected and allocated for the county jail
reimbursement program.
(4) The reimbursement rate under this section shall be $43.50
per eligible felon per diem, up to a 1-year total.
(5) Payments to counties under the county jail reimbursement
program shall be made in the order in which properly documented
requests for reimbursements are received. A request shall be
considered to be properly documented if it meets MDOC requirements
for documentation. The department shall by October 15, 2007
distribute the documentation requirements to all counties.
Sec. 706a. Funds appropriated under part 1 for local jail
programs shall be used by the department to fund projects and
proposals submitted to the department and consistent with local
comprehensive corrections plans and which are undertaken or in
place due to changes in Michigan's sentencing laws enacted during
the 2007-2008 legislative session. Funds described in this section
may be used for any of the following:
(a) Services including, but not limited to, employment and
training services, education, community service, and drug, alcohol,
and mental health treatment services, including when provided as
treatment components of a drug court program or mental health
diversion program.
(b) Jail construction or renovation.
Sec. 707. (1) As a condition of receipt of the funds
appropriated in part 1 for community corrections plans and services
and residential services, the department shall only award those
funds requested under a properly prepared and approved
comprehensive corrections plan submitted under section 8 of the
community corrections act, 1988 PA 511, MCL 791.408, or directly
applied for under section 10 of the community corrections act, 1988
PA 511, MCL 791.410.
(2) The department shall only halt funding for an entity
funded under section 8 of the community corrections act, 1988 PA
511, MCL 791.408, in instances of substantial noncompliance during
the period covered by the plan.
Sec. 708. (1) Funds included in part 1 for the felony drunk
driver jail reduction and community treatment program are
appropriated for and may be expended for any of the following
purposes:
(a) To increase availability of treatment options to reduce
drunk driving and drunk driving-related deaths by addressing the
alcohol addiction of felony drunk drivers who otherwise likely
would be sentenced to jail or a combination of jail and other
sanctions.
(b) To divert from jail sentences or to reduce the length of
jail sentences for felony drunk drivers who otherwise would have
been sentenced to jail and whose recommended minimum sentence
ranges under sentencing guidelines established under chapter XVII
of the code of criminal procedure, 1927 PA 175, MCL 777.1 to
777.69, have upper limits of 18 months or less, through funding
programs that may be used in lieu of incarceration and that
increase the likelihood of rehabilitation.
(c) To provide a policy and funding framework to make
additional jail space available for housing convicted felons whose
recommended minimum sentence ranges under sentencing guidelines
established under chapter XVII of the code of criminal procedure,
1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or
less and who likely otherwise would be sentenced to prison, with
the aim of enabling counties to meet or exceed amounts received
through the county jail reimbursement program during fiscal year
2002-2003 and reducing the numbers of felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony
drunk driver jail reduction and community treatment program shall
be by grant awards consistent with standards developed by a
committee of the state community corrections advisory board. The
chairperson of the committee shall be the board member representing
county sheriffs. Remaining members of the committee shall be
appointed by the chairperson of the board.
(3) In developing annual standards, the committee shall
consult with interested agencies and associations. Standards
developed by the committee shall include application criteria,
performance objectives and measures, funding allocations, and
allowable uses of the funds, consistent with the purposes specified
in this section.
(4) Allowable uses of the funds shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose recommended
minimum sentence ranges under the sentencing guidelines described
in subsection (1)(c) had upper limits of 18 months or less.
(6) Awards of funding under this section shall be provided
consistent with the local comprehensive corrections plans developed
under the community corrections act, 1988 PA 511, MCL 791.401 to
791.414. Funds awarded under this section may be used in
conjunction with funds awarded under grant programs established
under that act. Due to the need for felony drunk drivers to be
transitioned from county jails to community treatment services, it
is the intent of the legislature that local units of government
utilize funds received under this section to support county sheriff
departments.
(7) As used in this section, "felony drunk driver" means a
felon convicted of operating a motor vehicle under the influence of
intoxicating liquor or a controlled substance, or both, third or
subsequent offense, under section 625(9)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, or its predecessor statute,
punishable as a felony.
Sec. 709. (1) By April 1, 2008, the department shall report to
the members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on each of the following programs from the previous
fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) The alternatives to prison jail and treatment programs.
(d) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
under subsection (1) shall include information on each of the
following:
(a) Program objectives and outcome measures.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
CONSENT DECREES
Sec. 801. Funding appropriated in part 1 for consent decree
line items is appropriated into separate control accounts created
for each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree.
HEALTH CARE
Sec. 901. The department shall not expend funds appropriated
under part 1 for any surgery, procedure, or treatment to provide or
maintain a prisoner's sex change unless it is determined medically
necessary by the chief medical officer of the department.
Sec. 902. (1) As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with all of the following:
(a) Quarterly reports itemizing quarterly and fiscal year-to-
date expenditures, allocations, and projected year-end expenditures
from accounts for prisoner health care.
(b) By October 15, 2007, a report on preliminary findings and
recommendations of the national commission on correctional health
care with regard to the following:
(i) Bureau of health care services organizational structure,
administration, and management.
(ii) Timeliness, appropriateness, and quality of clinical
services provided through the department, including nursing,
dental, and clinical support services.
(iii) Timeliness, appropriateness, and quality of clinical
psychological services provided through the department, including
intake processing, assaultive offender program, and sex offender
treatment program.
(iv) Timeliness, appropriateness, and quality of mental health
services to treat the seriously mentally ill provided through the
department of community health, including inpatient care,
rehabilitative treatment, residential treatment, crisis
stabilization, and outpatient mental health treatment.
(v) Timeliness, appropriateness, and quality of primary on-
site medical services, on-site inpatient medical services,
specialty services, and utilization review procedures provided by
the state's health care contractors.
(c) By January 1, 2008, a copy of the final findings and
recommendations of the national commission on correctional health
care with regard to all of the information specified in subdivision
(b).
(2) It is the intent of the legislature that, in the interest
of providing the most efficient and cost-effective delivery of
health care, local health care providers shall be considered and
given the opportunity to competitively bid as vendors under future
managed care contracts.
Sec. 903. It is the intent of the legislature that, with the
funds appropriated in part 1 for hospital and specialty care
services, the department shall ensure that local providers of
ambulance services to prisoners be reimbursed within 60 days of the
filing of any uncontested claim for service.
Sec. 904. (1) The department shall identify and manage
prisoners who abuse the availability of medical services by
obtaining transportation to off-site medical care when unnecessary
or reasonably avoidable. In doing this, the department shall, when
appropriate, consult with off-site medical facilities on how to
accomplish this goal.
(2) By April 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
its activities and progress in implementing this section.
Sec. 905. The bureau of health care services shall develop
information on hepatitis C prevention and the risks associated with
exposure to hepatitis C, and the health care providers shall
disseminate this information verbally and in writing to each
prisoner at the health screening and full health appraisal
conducted at admissions, at the annual health care screening 1 week
before or after a prisoner's birthday, and prior to release to the
community by parole, transfer to community residential placement,
or discharge on the maximum.
Sec. 906. From the funds appropriated in part 1, the
department shall offer an alanine aminotransferase (ALT) test to
each prisoner who has received positive parole action. An
explanation of results of the test shall be provided confidentially
to the prisoner prior to release on parole, and if appropriate
based on the test results, the prisoner shall also be provided a
recommendation to seek follow-up medical attention in the
community. The test shall be voluntary; if the prisoner refuses to
be tested, that decision shall not affect parole release,
conditions of parole, or parole supervision.
Sec. 907. The department shall ensure that all medications for
a prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another.
Sec. 908. There are sufficient funds and FTEs appropriated in
part 1 to provide a full complement of nurses for clinical
complexes working regular pay hours, and it is the intent of the
legislature that sufficient nurses be hired or retained to limit
the use of overtime other-than-holiday pay.
Sec. 909. The department, in conjunction with efforts to
implement the MPRI, shall cooperate with the MDCH to share data and
information as they relate to prisoners being released and
hepatitis C. By April 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the progress and results of its work and potential outcomes from
its work with the MDCH under this section.
Sec. 910. Included in the appropriations in part 1 for
hospital and specialty care services are savings of $4,196,000.00
to be achieved through contracting and scheduling efficiencies for
hospital and specialty care services.
Sec. 911. (1) When an inmate of a state correctional facility
is confined for maintenance of order and discipline to a cell or
room, apart from accommodations provided for inmates who are
participating in programs of the facility, for a period in excess
of 24 hours, the inmate's mental health status and record shall be
reviewed within the next 24 hours by a mental health clinician
employed, contracted, or otherwise arranged for by the department
of community health. Inmates remaining in confinement after such
assessment shall be reassessed by a department of community health
mental health clinician every 7 days thereafter.
(2) A department of community health mental health clinician
conducting an assessment under subsection (1) shall recommend for
removal from confinement and placement in an existing corrections
mental health service those inmates who meet any of the following
criteria:
(a) Were diagnosed with or currently display symptoms of 1 or
more of the following axis I diagnoses as described in the most
recent edition of the American psychiatric association's diagnostic
and statistical manual of mental disorders:
(i) Schizophrenia or other psychotic disorder.
(ii) Major depressive disorder.
(iii) Bipolar disorder.
(iv) Delirium or dementia.
(b) Traumatic brain injury.
(c) At risk of suicide.
(d) The mental or emotional condition has deteriorated
substantially while in confinement and a clinically appropriate
corrections mental health service exists.
(3) Upon a recommendation for cessation of confinement and
placement in a corrections mental health service, the recommended
service shall commence as soon as is possible, and the inmate shall
be removed from confinement within 24 hours of the recommendation's
issuance.
INSTITUTIONAL OPERATIONS
Sec. 1001. As a condition of expenditure of the funds
appropriated in part 1, the department shall ensure that smoking
areas are designated for use by prisoners and staff at each
facility except those areas which house prisoners with special
medical needs.
Sec. 1002. From the funds appropriated in part 1, the
department shall allocate sufficient funds to develop a pilot
children's visitation program. The pilot program shall teach
parenting skills and arrange for day visitation at these facilities
for parents and their children, except for the families of
prisoners convicted of a crime involving criminal sexual conduct in
which the victim was less than 18 years of age or involving child
abuse.
Sec. 1003. The department shall prohibit prisoners access to
or use of the Internet or any similar system.
Sec. 1004. Any department employee who, in the course of his
or her job, is determined by a physician to have had a potential
exposure to the hepatitis B virus, shall receive a hepatitis B
vaccination upon request.
Sec. 1005. (1) The inmate housing fund shall be used for the
custody, treatment, clinical, and administrative costs associated
with the housing of prisoners other than those specifically
budgeted for elsewhere in this act. Funding in the inmate housing
fund is appropriated into a separate control account. Funding in
the control account shall be distributed as necessary into separate
accounts created to separately identify costs for specific
purposes.
(2) Quarterly reports on all expenditures from the inmate
housing fund shall be submitted by the department to the state
budget director, the senate and house appropriations subcommittees
on corrections, and the senate and house fiscal agencies.
Sec. 1006. (1) The department shall establish a uniform rate
to be paid by agencies that benefit from public work services
provided by special alternative incarceration participants and
prisoners.
(2) It is the intent of the legislature that upon any increase
in fees charged for the use of prisoner labor, prisoner pay be
increased proportionately.
Sec. 1007. (1) By April 1, 2008, the department shall report
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on academic/vocational programs for the most
recently completed appropriation year. The report shall provide
information relevant to an assessment of the department's academic
and vocational programs, including, but not limited to, the
following:
(a) The number of prisoners enrolled in each program, the
number of prisoners completing each program, and the number of
prisoners on waiting lists for each program.
(b) The steps the department has undertaken to improve
programs and reduce waiting lists.
(c) An explanation of the value and purpose of each program,
e.g., to improve employability, reduce recidivism, reduce prisoner
idleness, or some combination of these and other factors.
(d) An identification of program outcomes for each academic
and vocational program.
(e) An explanation of the department's plans for academic and
vocational programs.
(2) By April 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status of the department's response to the August 2005
performance audit of the prisoner education program by the office
of the auditor general. The report shall include the department's
status of compliance with each of the following findings:
(a) Finding 1: general educational development program
coordination and best practices.
(b) Finding 2: prisoner education files.
(c) Finding 3: performance indicators.
(d) Finding 4: pre-release programs.
(e) Finding 5: prisoner education policies and procedures.
(f) Finding 6: use of educational program resources.
(g) Finding 7: maximization of federal funding.
Sec. 1008. (1) By February 1, 2008, the department shall
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director, the percent of offenders included in the prison
population intake for fiscal years 2005-2006 and 2006-2007 who have
a high school diploma or a general educational development (GED)
certificate.
(2) By February 1, 2008, the department shall provide the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director
with statistical reports on the efficacy of both department-
provided prison general education and vocational education programs
in reducing offender recidivism rates. At a minimum, the report
should compare the recidivism rates of the following groups of
offenders:
(a) Offenders who completed a GED while in prison and
participated in the MPRI.
(b) Offenders who completed a GED while in prison but did not
participate in the MPRI.
(c) Offenders who completed a vocational education program
while in prison and participated in the MPRI.
(d) Offenders who completed a vocational education program
while in prison but did not participate in the MPRI.
Sec. 1009. As a condition of expending funds appropriated for
academic/vocational programs under part 1, the department shall by
January 31, 2008 provide a plan to increase certification rates
among prisoners enrolled in general educational development (GED)
programs at correctional facilities to the members of the senate
and house appropriations committees, the senate and house fiscal
agencies, and the state budget director. The plan shall include
detailed information on certification rates for the most recent 5-
year period, a comparison with prisoner certification rates in
other states and a national average, and details on how the
department plans to improve certification rates.
Sec. 1010. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
House Bill No. 4348 (H-1) as amended June 28, 2007
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton correctional facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund to produce high-
quality materials for use by the visually impaired.
Sec. 1011. (1) From the appropriations in part 1, the
department shall ensure that all prisoner activities shall include
the presence of a sufficient number of correctional officers needed
to maintain the safety and security of the institution.
(2) By February 1, 2008, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director the
number of critical incidents occurring each month by type and the
number and severity of assaults occurring each month at each
facility during calendar year 2007.
SENTENCING REFORM
Sec. 1101. [(1) By October 1, 2007, the department shall submit
to the senate and house of representatives appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director a detailed plan to achieve the savings necessary to
satisfy the negative appropriations in part 1.
House Bill No. 4348 (H-1) as amended June 28, 2007
]
(2) The negative appropriations [
] in part 1 shall be
satisfied by the approval of transfers by the legislature under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 1102. (1) Funds appropriated in part 1 for field
operations reinvestment are appropriated for the purpose of
providing supervision by field operations of parolees and
probationers.
(2) By October 1, 2007, the department shall provide the
senate and house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a plan that details how the department will
expend the funds. Any changes to the plan shall be communicated in
writing prior to implementation.
(3) The department shall provide the senate and house of
representatives appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director
with quarterly reports itemizing expenditures of field operations
reinvestment appropriations. Each report shall include quarterly
and fiscal year-to-date information on expenditures by purpose,
amount, and location. Each report shall be provided by the
fifteenth of the month following the end of the quarter of the
fiscal year.