EXECUTIVE BUDGET BILL
February 21, 2007, Introduced by Senators BRATER and SCHAUER and referred to the Committee on Appropriations.
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 bill,
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............................. 52,890
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 18,186.2
GROSS APPROPRIATION.................................... $ 2,001,681,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,264,600
ADJUSTED GROSS APPROPRIATION........................... $ 2,000,416,600
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.................. 57,479,500
State general fund/general purpose..................... $ 1,932,166,700
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
GROSS APPROPRIATION.................................... $ 3,163,500
Appropriated from:
State general fund/general purpose..................... $ 3,163,500
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
Prisoner reintegration programs........................ 33,173,700
Community corrections administration--17.0 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. 12,533,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 2,097,400
GROSS APPROPRIATION.................................... $ 89,515,500
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 1,988,500
Special revenue funds:
State restricted revenues and reimbursements........... 4,420,900
State general fund/general purpose..................... $ 83,106,100
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
Workers’ 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:
Federal revenues:
IDG-MDSP, Michigan justice training fund............... 695,900
Special revenue funds:
State restricted revenues and reimbursements........... 607,800
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 and probation special operations program........ 1,300,000
Parole board operations--33.0 FTE positions............ 2,883,200
Parole/probation services.............................. 2,867,300
Community re-entry 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.................................... $ 180,932,500
Appropriated from:
Special revenue funds:
Local-community tether program reimbursement........... 429,700
State restricted revenues and reimbursements........... 22,937,000
State general fund/general purpose..................... $ 157,565,800
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...................................... 294,400
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
Leased beds and alternatives to leased beds............ 100
Inmate housing fund.................................... 100
MPRI education program--375.5 FTE positions............ 39,226,800
GROSS APPROPRIATION.................................... $ 100,170,800
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 7,448,000
Special revenue funds:
State restricted revenues and reimbursements........... 20,097,000
State general fund/general purpose..................... $ 72,625,800
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 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................... 60,703,300
Vaccination program.................................... 691,200
Northern region clinical complex--270.9 FTE positions.. 35,449,100
Southeastern region clinical complex--455.4 FTE
positions............................................ 69,365,300
Southwestern region clinical complex--302.8 FTE
positions............................................ 40,843,000
GROSS APPROPRIATION.................................... $ 209,150,500
Appropriated from:
Special revenues funds:
State restricted revenues and reimbursements........... 331,400
State general fund/general purpose..................... 208,819,100
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............................................ 34,021,800
Average population.............................. 1,480
Standish maximum correctional facility -
Standish--395.0 FTE positions........................ 40,178,000
Average population.............................. 1,202
GROSS APPROPRIATION.................................... $ 422,140,200
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 2,805,400
State general fund/general purpose..................... $ 419,334,800
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Average population............................. 17,979
Full-time equated classified positions........ 4,963.2
Cooper Street correctional facility - Jackson--268.4
FTE positions........................................ $ 27,794,600
Average population.............................. 1,440
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--692.8
FTE positions........................................ 67,484,700
Average population.............................. 1,658
Macomb correctional facility - New Haven--360.5 FTE
positions............................................ 34,173,900
Average population.............................. 1,468
Mound correctional facility - Detroit--285.8 FTE
positions............................................ 26,977,900
Average population.............................. 1,051
Parnall correctional facility - Jackson--282.6 FTE
positions............................................ 28,489,000
Average population.............................. 1,536
Ryan correctional facility - Detroit--314.8 FTE
positions............................................ 29,871,500
Average population.............................. 1,059
Robert Scott correctional facility - Plymouth--371.7
FTE positions........................................ 34,513,000
Average population................................ 960
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 - Cassidy
Lake--126.0 FTE positions............................ 11,959,900
Average population................................ 400
Jackson area support and services - Jackson--82.0
FTE positions........................................ 15,591,600
GROSS APPROPRIATION.................................... $ 491,662,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 568,700
Federal revenues:
Federal revenues and reimbursements.................... 904,200
Special revenue funds:
State restricted revenues and reimbursements........... 3,098,800
State general fund/general purpose..................... $ 487,090,800
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:
State restricted revenues and reimbursements........... 2,483,100
State general fund/general purpose..................... $ 426,193,600
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 17,639,900
GROSS APPROPRIATION.................................... $ 17,639,900
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 698,000
State general fund/general purpose..................... $ 16,941,900
Sec. 113. SENTENCING REFORM
Sentencing reform policy savings....................... $ (122,000,000)
Truth in sentencing savings............................ (100)
Field operations reinvestment.......................... 19,914,000
Community and local reinvestment....................... 10,086,000
County jail reimbursement program...................... 100
GROSS APPROPRIATION.................................... $ (92,000,000)
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 100
State general fund/general purpose..................... $ (92,000,100)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) 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
$1,989,646,200.00 and state spending from state resources to be
paid to local units of government for fiscal year 2007-2008 is
$92,940,000.00. The itemized statement below identifies
appropriations from which spending to units of local 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. 12,533,000
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
Alternatives to prison jail program.................... 1,619,600
Alternatives to prison treatment program............... 400,000
Regional jail program.................................. 100
TOTAL.................................................. $ 92,940,000
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" or "MDOC" means the Michigan department of
corrections.
(b) "DOJ" means the United States department of justice.
(c) "FTE" means full-time equated.
(d) "G.E.D." means general education diploma.
(e) "GPS" means global positioning system.
(f) "IDG" means interdepartmental grant.
(g) "IDT" means intradepartmental transfer.
(h) "MDCH" means the Michigan department of community health.
(i) "MDSP" means the Michigan department of state police.
(j) "MPRI" means the Michigan prisoner reentry initiative.
(k) "OCC" means the office of community corrections.
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 this
hiring freeze 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. 208. The department shall use the Internet to fulfill the
reporting requirements of this bill. 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. 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. Such user fees shall be subject to
provisions of an interagency agreement between the department 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 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 or 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, 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 of representatives 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 or 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. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
EXECUTIVE
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with the submission of the
Executive recommended budget 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. 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 bill and applicable provisions of
prior budget acts for the department.
(4) 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
number of all parolees returned to prison and probationers
sentenced to prison for either a technical violation or new
sentence from October 1, 2007 through March 30, 2008. After May 1,
2008, the department shall provide monthly reports. 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 G.E.D. or high school diploma prior to incarceration in
prison, how many received a G.E.D. 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.
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 bill, 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. 505. The department shall cooperate with the department
of community health in providing information for and developing the
report required under section 425 of Enrolled Senate Bill No. 1083
of the 93rd Legislature. The report shall, by April 1, 2008,
provide the following data concerning mental health and substance
abuse services during fiscal year 2006-2007:
(a) The number of prisoners 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 and the number of those prisoners 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 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 if prisoners receiving mental health
services for a primary diagnosis of mental illness were previously
hospitalized in a state psychiatric hospital for persons with
mental illness.
(e) Data indicating whether prisoners with a primary diagnosis
of mental illness and receiving substance abuse services were
previously hospitalized in a state psychiatric hospital for persons
with mental illness.
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. 607. (1) Funds appropriated in part 1 for the parole and
probation special operations program are appropriated for the
purpose of collaborative efforts to reduce crime, particularly
violent and gun-related crime, including, but not limited to,
federal, state, and local community prosecution of crimes and
funding law enforcement officer escorts for field agents making
unscheduled visits to verify offenders’ whereabouts and activities
in selected precincts in cities with a population of more than
750,000 according to the most recent United States decennial
census. As used in this section, "unscheduled visits" means visits
to locations other than governmental offices between the hours of 5
p.m. and 8 a.m. and made without appointment with the supervised
offender.
(2) From the funds appropriated in part 1 for the parole and
probation special operations program, the department shall allocate
$500,000.00 to the department of attorney general for personnel and
operational costs associated with the parole and probation special
operations program.
(3) The department shall cooperate with federal, state, and
local law enforcement agencies either located in or with
jurisdiction in cities with a population of more than 750,000
according to the most recent United States decennial census in
assigning field agents to reduce crime, particularly violent and
gun-related crime, and to conduct unscheduled visits in selected
police precincts in cities with a population of more than 750,000
according to the most recent United States decennial census.
(4) The department shall evaluate or assist other agencies in
the evaluations of the impact of local collaborative efforts to
reduce crime, particularly violent and gun-related crime.
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 bill:
(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 bill.
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. 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) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails felons who
otherwise would have been sentenced to prison.
(2) The department shall determine criteria for reimbursement
consistent with sentencing reforms to be enacted prior to the start
of fiscal year 2008.
(3) State reimbursement under this section for prisoner
housing and custody expenses per diverted offender shall be $43.50
per diem for up to a 1-year total.
(4) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. 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. 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,
local units of government shall 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.
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. 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.
INSTITUTIONAL OPERATIONS
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 bill. 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. 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.