HB-5810, As Passed Senate, May 27, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5810

A bill to make appropriations for the judicial branch for the

fiscal year ending September 30, 2009; to provide for the

expenditure of these appropriations; to place certain restrictions

on the expenditure of these appropriations; to prescribe the powers

and duties of certain state and local departments, officials, and

employees; to require certain reports; and to provide for the

disposition of fees and other income received by the judicial

branch.

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 judicial

branch for the fiscal year ending September 30, 2009, from the

funds indicated in this part. The following is a summary of the

appropriations in this part:

JUDICIARY

APPROPRIATION SUMMARY:

Full-time equated exempted positions............ 496.0

GROSS APPROPRIATION.................................... $ 262,746,900

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 3,553,500

ADJUSTED GROSS APPROPRIATION........................... $ 259,193,400

Federal revenues:

Total federal revenues................................. 5,126,400

Special revenue funds:

Total local revenues................................... 6,093,100

Total private revenues................................. 842,500

Total other state restricted revenues.................. 87,947,900

State general fund/general purpose..................... $ 159,183,500

Sec. 102. SUPREME COURT

Full-time equated exempted positions............ 243.0

Supreme court administration--97.0 FTE positions....... $ 11,062,700

Judicial institute--13.0 FTE positions................. 2,675,200

State court administrative office--60.0 FTE positions.. 11,301,900

Judicial information systems--22.0 FTE positions....... 3,236,500

Direct trial court automation support--36.0 FTE

positions............................................ 6,093,100

Foster care review board--12.0 FTE positions........... 1,271,700

Community dispute resolution--3.0 FTE positions........ 2,292,700

Other federal grants................................... 275,000

Drug treatment courts.................................. 5,178,800

Mental health treatment courts......................... 100

GROSS APPROPRIATION.................................... $ 43,387,700

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health................ 1,800,000

IDG from department of corrections..................... 1,030,000

IDG from state police - Michigan justice training fund. 300,000

Federal revenues:

DOJ, victims assistance programs....................... 50,000

DOJ, drug court training and evaluation................ 300,000

DOT, national highway traffic safety administration.... 1,300,000

HHS, access and visitation grant....................... 387,000

HHS, children's justice grant.......................... 206,300

HHS, court improvement project......................... 1,160,000

HHS, title IV-D child support program.................. 907,700

HHS, title IV-E foster care program.................... 540,400

Other federal grant revenues........................... 275,000

Special revenue funds:

Local - user fees...................................... 6,093,100

Private................................................ 169,000

Private - interest on lawyers trust accounts........... 232,700

Private - state justice institute...................... 370,800

Community dispute resolution fund...................... 2,292,700

Law exam fees.......................................... 536,200

Drug court fund........................................ 1,920,500

Miscellaneous revenue.................................. 227,900

Justice system fund.................................... 700,000

State court fund....................................... 339,000

State general fund/general purpose..................... $ 22,249,400

Sec. 103. COURT OF APPEALS

Full-time equated exempted positions............ 195.0

Court of appeals operations--195.0 FTE positions....... $ 19,588,700

GROSS APPROPRIATION.................................... $ 19,588,700

Appropriated from:

Special revenue funds:

Court filing/motion fees............................... 1,958,500

Miscellaneous revenue.................................. 77,800

State general fund/general purpose..................... $ 17,552,400

Sec. 104. BRANCHWIDE APPROPRIATIONS

Full-time equated exempted positions.............. 4.0

Branchwide appropriations--4.0 FTE positions........... $ 7,882,700

GROSS APPROPRIATION.................................... $ 7,882,700

Appropriated from:

State general fund/general purpose..................... $ 7,882,700

Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

Full-time judges positions...................... 617.0

Supreme court justices' salaries--7.0 justices......... $ 1,152,300

Court of appeals judges' salaries--28.0 judges......... 4,240,300

District court judges' state base salaries--258.0

judges............................................... 23,877,200

District court judicial salary standardization......... 11,796,800

Probate court judges' state base salaries--103.0

judges............................................... 9,627,900

Probate court judicial salary standardization.......... 4,669,700

Circuit court judges' state base salaries--221.0

judges............................................... 20,817,200

Circuit court judicial salary standardization.......... 10,105,000

Judges' retirement system defined contributions........ 3,556,700

OASI, social security.................................. 5,353,900

GROSS APPROPRIATION.................................... $ 95,197,000

Appropriated from:

Special revenue funds:

Court fee fund......................................... 7,090,200

State general fund/general purpose..................... $ 88,106,800

Sec. 106. JUDICIAL AGENCIES

Full-time equated exempted positions.............. 7.0

Judicial tenure commission--7.0 FTE positions.......... $ 1,013,100

GROSS APPROPRIATION.................................... $ 1,013,100

Appropriated from:

State general fund/general purpose..................... $ 1,013,100

Sec. 107. INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions............. 47.0

Appellate public defender program--39.0 FTE positions.. $ 5,078,500

Appellate assigned counsel administration--8.0 FTE

positions............................................ 943,300

GROSS APPROPRIATION.................................... $ 6,021,800

Appropriated from:

Interdepartmental grant revenues:

IDG from state police - Michigan justice training fund. 423,500

Special revenue funds:

Private - interest on lawyers trust accounts........... 70,000

Miscellaneous revenue.................................. 113,100

State general fund/general purpose..................... $ 5,415,200

Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE

Indigent civil legal assistance........................ $ 7,937,000

GROSS APPROPRIATION.................................... $ 7,937,000

Appropriated from:

Special revenue funds:

State court fund....................................... 7,937,000

State general fund/general purpose..................... $ 0

Sec. 109. TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 67,403,900

Judicial technology improvement fund................... 4,465,000

GROSS APPROPRIATION.................................... $ 71,868,900

Appropriated from:

Special revenue funds:

Court equity fund...................................... 50,440,000

Judicial technology improvement fund................... 4,465,000

State general fund/general purpose..................... $ 16,963,900

Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL

GOVERNMENT

Drug case-flow program................................. $ 250,000

Drunk driving case-flow program........................ 3,000,000

Juror compensation reimbursement....................... 6,600,000

GROSS APPROPRIATION.................................... $ 9,850,000

Appropriated from:

Special revenue funds:

Drug fund.............................................. 250,000

Drunk driving fund..................................... 3,000,000

Juror compensation fund................................ 6,600,000

State general fund/general purpose..................... $ 0

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 2008-2009 is $247,131,300.00 and state

spending from state resources to be paid to local units of

government for fiscal year 2008-2009 is $124,193,800.00. The

itemized statement below identifies appropriations from which

spending to local units of government will occur:

JUDICIARY

SUPREME COURT

State court administrative office...................... $ 511,900

Drug treatment courts.................................. 4,878,800

TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 67,403,900

Judicial technology improvement fund................... 4,465,000

JUSTICES' AND JUDGES' COMPENSATION

District court judicial salary standardization......... $ 11,796,800

Probate court judges' state base salaries.............. 9,627,900

Probate court judicial salary standardization.......... 4,669,700

Circuit court judicial salary standardization.......... 10,105,000

Grant to OASI contribution fund, employers share,

social security..................................... 884,800

GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

Drunk driving case-flow program........................ $ 3,000,000

Drug case-flow program................................. 250,000

Juror compensation reimbursement....................... 6,600,000

TOTAL.................................................. $ 124,193,800

Sec. 202. (1) The appropriations authorized under this act are

subject to the management and budget act, 1984 PA 431, MCL 18.1101

to 18.1594.

(2) Funds appropriated in part 1 to an entity within the

judicial branch shall not be expended or transferred to another

account without written approval of the authorized agent of the

judicial entity. If the authorized agent of the judicial entity

notifies the state budget director of its approval of an

expenditure or transfer, the state budget director shall

immediately make the expenditure or transfer. The authorized

judicial entity agent shall be designated by the chief justice of

the supreme court.

Sec. 203. As used in this act:

(a) "DOJ" means the United States department of justice.

(b) "DOT" means the United States department of

transportation.

(d) "HHS" means the United States department of health and

human services.

(e) "IDG" means interdepartmental grant.

(f) "OASI" means old age survivor's insurance.

Sec. 204. The judicial branch shall not take disciplinary

action against an employee for communicating with a member of the

legislature or his or her staff.

Sec. 208. The reporting requirements of this act shall be

completed with the approval of, and at the direction of, the

supreme court. The judicial branch shall use the Internet to

fulfill the reporting requirements of this act. This 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. 212. As a condition of expending appropriations made

under part 1, the judicial branch shall receive and retain copies

of all reports funded from appropriations in part 1 and shall

follow federal and state guidelines for short-term and long-term

retention of such reports and records.

Sec. 214. Funds appropriated in part 1 shall not be used for

the purchase of foreign goods or services, or both, if

competitively priced and of comparable quality American goods or

services, or both, are available. Preference shall be given to

goods or services, or both, manufactured or provided by Michigan

businesses, if they are competitively priced and of comparable

quality. In addition, preference shall be given to goods or

services, or both, that are manufactured or provided by Michigan

businesses owned and operated by veterans, if they are

competitively priced and of comparable quality.

Sec. 215. (1) Due to the current budgetary problems in this

state, out-of-state travel for the fiscal year ending September 30,

2009 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 or safety of

Michigan citizens or visitors or to assist other states in similar

circumstances.

increase state revenues, 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 in subsection (1), the chief justice or his

or her designee may grant an exception to allow the travel. Any

exceptions granted by the chief justice or his or her designee

shall be reported on a monthly basis to the senate and house of

representatives standing committees on appropriations.

(3) Not later than January 1 of each year, the state court

administrative office shall prepare a travel report listing all

travel by judicial branch employees outside this state in the

immediately preceding fiscal year that was funded in whole or in

part with funds appropriated in the budget for the judicial branch.

The report shall be submitted to the senate and house of

representatives standing committees on appropriations, the senate

and house 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.

(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. 216. (1) The judicial branch shall report no later than

April 1, 2008 on each specific policy change made to implement a

public act affecting the judicial branch that took effect during

the prior calendar year to the house and senate appropriations

subcommittees on the judicial branch budget, the joint committee on

administrative rules, and the senate and house fiscal agencies.

(2) Funds appropriated in part 1 shall not be used by the

judicial branch to adopt a rule that will apply to a small business

and that will have a disproportionate economic impact on small

businesses because of the size of those businesses if the judicial

branch fails to reduce the disproportionate economic impact of the

rule on small businesses as provided under section 40 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

(3) As used in this section:

(a) "Rule" means that term as defined under section 7 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

(b) "Small business" means that term as defined under section

7a of the administrative procedures act of 1969, 1969 PA 306, MCL

24.207a.

Sec. 217. From the funds appropriated in part 1, the judicial

branch shall develop, post, and maintain, on a publicly accessible

Internet site, all expenditures made by the judicial branch within

the fiscal year. This posting shall include the purpose for which

each expenditure is made.

Sec. 218. The judicial branch shall not approve the travel of

more than 1 judicial branch employee to a specific professional

development conference or training seminar that is located outside

of this state. The only exception to this travel restriction

involves a professional development conference or training seminar

that is funded by a federal or private funding source and requires

more than 1 person from the judicial branch to attend.

JUDICIAL BRANCH

Sec. 301. (1) The direct trial court automation support

program of the state court administrative office shall recover

direct and overhead costs from trial courts by charging for

services rendered. The fee shall cover the actual costs incurred to

the direct trial court automation support program in providing the

service, including development of future versions of case

management systems. A report of amounts collected in excess of

funds identified as user service charges in part 1 shall be

submitted to the state budget director and to the house and senate

appropriations subcommittees on judiciary 30 days before

expenditure by the direct trial court automation support program.

(2) From funds appropriated in part 1, the direct trial court

automation support program of the state court administrative office

shall provide to the state budget director, the senate and house

appropriations committees, and the senate and house fiscal agencies

before January 1 of each year a detailed list of user service

charges collected during the immediately preceding state fiscal

year.

Sec. 302. Funds appropriated within the judicial branch shall

not be expended by any component within the judicial branch without

the approval of the supreme court.

Sec. 303. Of the amount appropriated in part 1 for the

judicial branch, $325,000.00 is allocated for circuit court

reimbursement under section 3 of 1978 PA 16, MCL 800.453, and

$186,900.00 is allocated for court of claims reimbursement under

section 6413 of the revised judicature act of 1961, 1961 PA 236,

MCL 600.6413.

Sec. 304. As a condition of expending appropriations made

under part 1, the judicial branch shall cooperate with the auditor

general regarding audits of the judicial branch conducted under

section 53 of article IV of the state constitution of 1963.

Sec. 305. As a condition of expending appropriations made

under part 1, and to avoid the overexpenditure of funds

appropriated under this act, the supreme court shall report

quarterly to members of the senate and house appropriations

subcommittees on the judiciary, the senate and house fiscal

agencies, and the state budget director on the status of accounts

set forth in part 1. The report required by this section shall

include quarterly, year-to-date, and projected expenditures by

funding source for each line item, and beginning balances and

quarterly, year-to-date, and projected revenues for each source of

revenue other than general fund/general purpose revenues.

Sec. 306. The supreme court and the state court administrative

office shall continue to maintain, as a priority, the assisting of

local trial courts in improving the collection of judgments.

Sec. 307. It is the intent of the legislature that from the

funds appropriated in part 1 for court of appeals operations, the

judiciary shall use the following revenue amounts for the purpose

of delay reduction:

(a) $225,000.00 of additional filing fee revenue raised from

the increase from $250.00 to $375.00 in court of appeals filing

fees under section 321(1)(a) of the revised judicature act of 1961,

1961 PA 236, MCL 600.321.

(b) $87,500.00 of additional fee revenue raised from the

House Bill No. 5810 as amended May 27, 2008

increase in court of appeals motion fees from $75.00 to $100.00 and

from the increase from $150.00 to $200.00 in fees for motions for

immediate consideration or expedited appeal under section 321(1)(b)

and (c) of the revised judicature act of 1961, 1961 PA 236, MCL

600.321.

Sec. 308. If sufficient funds are not available from the court

fee fund to pay judges' compensation, the difference between the

appropriated amount from that fund for judges' compensation and the

actual amount available after the amount appropriated for trial

court reimbursement is made shall be appropriated from the state

general fund for judges' compensation.

Sec. 309. (1) The legislature respectfully requests that the

state court administrative office develop protocols and principles

to assist local courts in developing practices for mental health

treatment courts. <<When developing the guiding protocols and principles,

consideration should be given to>> the 10 essential elements as defined

by the U.S. bureau

of justice assistance, which include:

(a) Planning and administration: A broad-based group of

stakeholders representing the criminal justice, mental health,

substance abuse treatment, and related systems and the community

guides the planning and administration of the court.

(b) Target population: Eligibility criteria address public

safety and consider a community's treatment capacity, in addition

to the availability of alternatives to pretrial detention for

defendants with mental illnesses. Eligibility criteria also take

into account the relationship between mental illness and a

defendant's offenses, while allowing the individual circumstances

of each case to be considered.

Participants are identified, referred and accepted into mental

health courts, and then linked to community-based service providers

as quickly as possible.

(d) Terms of participation: Terms of participation are clear,

promote public safety, facilitate the defendant's engagement in

treatment, are individualized to correspond to the level of risk

that the defendant presents to the community, and provide for

positive legal outcomes for those individuals who successfully

complete the program.

(e) Informed choice: Defendants fully understand the program

requirements before agreeing to participate in a mental health

court. They are provided legal counsel to inform this decision and

subsequent decisions about program involvement. Procedures exist in

the mental health court to address, in a timely fashion, concerns

about a defendant's competency whenever they arise.

(f) Treatment support and services: Mental health courts

connect participants to comprehensive and individualized treatment

supports and services in the community. They strive to use, and

increase the availability of, treatment and services that are

evidence-based.

(g) Confidentiality: Health and legal information should be

shared in a way that protects potential participants'

confidentiality rights as mental health consumers and their

constitutional rights as defendants. Information gathered as part

of the participants' court-ordered treatment program or services

should be safeguarded in the event that participants are returned

to traditional court processing.

(h) Court team: A team of criminal justice and mental health

staff and service and treatment providers receives special, ongoing

training and helps mental health court participants achieve

treatment and criminal justice goals by regularly reviewing and

revising the court process.

(i) Monitoring adherence to court requirements: Criminal

justice and mental health staff collaboratively monitor

participants' adherence to court conditions, offer individualized

graduated incentives and sanctions, and modify treatment as

necessary to promote public safety and participants' recovery.

(j) Sustainability: Data are collected and analyzed to

demonstrate the impact of the mental health court, its performance

is assessed periodically (and procedures modified accordingly),

court processes are institutionalized, and support for the court in

the community is cultivated and expanded.

(2) The legislature encourages the state court administrative

office to develop mental health court guidelines in cooperation

with all key stakeholders, including, but not limited to, circuit,

district, and probate court judges, county prosecuting attorneys,

representatives of the criminal defense bar, representatives of

community treatment providers, community mental health service

providers, any other prosecutor in the circuit or district court

district, local law enforcement, the probation departments, the

local substance abuse coordinating agencies, domestic violence

service provider programs that receive funding from the state

domestic violence prevention and treatment board, and community

corrections agencies, as well as any other parties considered

necessary. The state court administrative office is also encouraged

to develop guidelines comparable to those established for drug

treatment courts, found in chapter 10A of the revised judicature

act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082.

Sec. 310. From the funds appropriated in part 1 for drug

treatment court programs, with the approval of and at the

discretion of the supreme court, the state court administrative

office shall evaluate and collect data on the performance of drug

treatment court programs. The state court administrative office

shall provide an annual review of the performance of drug courts as

prescribed in section 1078(6) of the revised judicature act of

1961, 1961 PA 236, MCL 600.1078. All of the following apply to that

annual review:

(a) It shall include measures of the impact of drug court

programs in changing offender criminal involvement (recidivism) and

substance abuse and in reducing prison admissions.

(b) It shall be completed no later than April 1 of each year

and shall also be provided to the senate and house appropriations

subcommittees on the judiciary, the senate and house fiscal

agencies, and the state budget director.

funds shall be consistent with the requirements contained in the

federal Byrne grant for that program.

Sec. 311. (1) The funds appropriated in part 1 for drug

treatment courts shall be administered by the state court

administrative office to operate drug treatment court programs. A

drug treatment court shall be responsible for handling cases

involving substance abusing nonviolent offenders through

comprehensive supervision, testing, treatment services, and

immediate sanctions and incentives. A drug treatment court shall

use all available county and state personnel involved in the

disposition of cases including, but not limited to, parole and

probation agents, prosecuting attorneys, defense attorneys, and

community corrections providers. The funds may be used in

connection with other federal, state, and local funding sources.

(2) Local units of government are encouraged to refer to

federal drug treatment court guidelines to prepare proposals.

However, federal agency approvals are not required for funding

under this section.

(3) From the funds appropriated in part 1, the chief justice

shall allocate sufficient funds for the judicial institute to

provide in-state training for those identified in subsection (1),

including training for new drug treatment court judges.

(4) For drug treatment court grants, consideration for

priority may be given to those courts where higher instances of

substance abuse cases are filed.

(5) The judiciary shall receive $1,800,000.00 in Byrne formula

grant funding as an interdepartmental grant from the department of

community health to be used for expansion of drug treatment courts,

to assist in avoiding prison bed space growth for nonviolent

offenders in collaboration with the department of corrections.

Sec. 312. From the funds appropriated in part 1, the state

House Bill No. 5810 as amended May 27, 2008

court administrator shall produce a statistical report regarding

the implementation of the parental rights restoration act, 1990 PA

211, MCL 722.901 to 722.908, as it pertains to minors seeking a

court-issued waiver of parental consent. The state court

administrative office shall report the total number of petitions

filed and the total number of petitions granted in accordance with

section 208.

Sec. 317. Funds appropriated in part 1 shall not be used for

the permanent assignment of state-owned vehicles to justices or

judges or any other judicial branch employee. This section does not

preclude the use of state-owned motor pool vehicles for state

business in accordance with approved guidelines.

Sec. 318. (1) The judiciary shall receive $980,000.00 as an

interdepartmental grant from the department of corrections. The

funds shall be utilized by the state court administrative office to

administer a pilot program to target nondangerous offenders at

significant risk to commit further crimes through assessment,

treatment, and accountability, with the goal of reducing

expenditures for long-term incarceration. All funds shall be spent

on <<fulfilling the requirements of this section and>> treatment,

monitoring, and testing of offenders in the pilot

program administered by the state court administrative office. The

state court administrative office shall work with the department of

community health to develop the pilot program.

(2) The pilot program shall adhere to the following criteria:

(a) A minimum of 3 pilot sites shall be selected by the state

court administrative office, at least 1 to be located in a major

metropolitan area.

(b) The pilot programs shall incorporate the principles and

practices of problem-solving courts developed by the national

association of drug court professionals, and they shall operate

pursuant to a written memorandum of understanding developed by the

stakeholders in the jurisdiction.

district and circuit judge, prosecutor, defense lawyer, treatment

provider, circuit court probation officer, district court probation

officer, community corrections representative, community mental

health representative, court administration, and community

representative.

(d) Before being enrolled in the pilot program, each

participant shall be administered a comprehensive and valid risk

and needs assessment. The assessment shall measure criminogenic and

psychosocial factors to determine which participants are at

significant risk of/for committing further crimes and are in need

of services.

(e) The pilot projects shall employ evidence-based practices

to develop a treatment plan in response to the assessment results.

(f) Each pilot project shall employ a case manager whose

duties shall include referral and linkage to community resources,

monitoring treatment plan requirements, data reporting, and other

responsibilities as assigned.

(3) The department of corrections shall participate in the

pilot program. The circuit court judge assigned to the pilot

project shall select 1 or more circuit court probation officers to

supervise the caseload of the circuit court project. Although the

probation officer shall remain an employee of the department of

corrections, he or she shall report directly to the circuit court

judge.

(4) The Michigan judicial institute shall provide appropriate

training for all personnel involved in the pilot program.

(5) The state court administrative office shall conduct a

process and outcome evaluation and a cost benefit analysis of the

pilot programs and shall submit that analysis to the senate and

house appropriations subcommittees on judiciary, the senate and

house fiscal agencies, and the state budget director by September

30, 2009.