SB-0173, As Passed Senate, April 26, 2011
SUBSTITUTE FOR
SENATE BILL NO. 173
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2012; to provide for the
expenditure of the appropriations; to provide anticipated
appropriations for the fiscal year ending September 30, 2013; 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
FOR FISCAL YEAR 2011-2012
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, 2012, 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............................. 45,223
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 15,437.3
GROSS APPROPRIATION.................................... $ 1,906,249,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 943,800
ADJUSTED GROSS APPROPRIATION........................... $ 1,905,305,500
Federal revenues:
Total federal revenues................................. 7,995,100
Special revenue funds:
Total local revenues................................... 447,300
Total private revenues................................. 0
Total other state restricted revenues.................. 42,351,400
State general fund/general purpose..................... $ 1,854,511,700
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 42.0
Unclassified positions--16.0 FTE positions............. $ 1,367,600
Executive direction--42.0 FTE positions................ 5,411,100
Neal, et al. settlement agreement...................... 15,000,000
GROSS APPROPRIATION.................................... $ 21,778,700
Appropriated from:
State general fund/general purpose..................... $ 21,778,700
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 12.0
MPRI residential stability............................. $ 7,251,300
MPRI employment readiness.............................. 7,265,100
MPRI social support.................................... 4,861,000
MPRI health and behavioral health...................... 3,357,700
MPRI operations support................................ 3,848,400
MPRI other projects.................................... 27,126,200
MPRI federal grants.................................... 1,035,000
Substance abuse testing and treatment services--12.0
FTE positions........................................ 24,070,900
Residential services................................... 18,075,500
Community corrections comprehensive plans and services. 13,958,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 1,740,100
County jail reimbursement program...................... 26,572,100
GROSS APPROPRIATION.................................... $ 139,211,400
Appropriated from:
Federal revenues:
DOJ-OJP, RSAT.......................................... 143,900
DOJ, prisoner reintegration............................ 1,035,000
Special revenue funds:
Civil infraction fees.................................. 5,900,000
State general fund/general purpose..................... $ 132,132,500
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 141.9
Operations support administration--42.0 FTE positions.. $ 4,110,700
New custody staff training............................. 6,094,100
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 16,278,900
Bureau of fiscal management--82.9 FTE positions........ 8,448,300
Office of legal services--6.0 FTE positions............ 2,345,100
Internal affairs--11.0 FTE positions................... 1,219,300
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,500
Administrative hearings officers....................... 2,682,900
Judicial data warehouse user fees...................... 50,000
Interdepartmental grant to department of judiciary..... 1,000,000
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 51,301,100
Appropriated from:
Interdepartmental grant revenues:
Senate Bill No. 173 as amended April 26, 2011
IDG-MDSP, Michigan justice training fund............... 313,200
Special revenue funds:
Local corrections officer training fund................ 500,000
Correctional industries revolving fund................. 534,600
State general fund/general purpose..................... $ 49,953,300
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,161.9
Field operations--2,007.9 FTE positions................ $ 184,553,200
Parole board operations--45.0 FTE positions............ 4,517,400
Parole/probation services.............................. 2,243,500
Community re-entry centers--48.0 FTE positions......... 14,269,300
Electronic monitoring center--61.0 FTE positions....... 16,570,200
<< >>
GROSS APPROPRIATION.................................... $ 222,153,600
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 447,300
Re-entry center offender reimbursements ............... 141,600
Parole and probation oversight fees.................... 6,300,000
Parole and probation oversight fees set-aside.......... 2,649,500
Tether program, participant contributions.............. 2,033,800
State general fund/general purpose..................... $ 210,581,400
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions........ 1,197.1
Correctional facilities administration--25.0 FTE
positions............................................ $ 8,186,400
Prison food service--394.0 FTE positions............... 52,718,200
Transportation--211.6 FTE positions.................... 18,043,600
Central records--50.5 FTE positions.................... 3,906,100
Inmate legal services.................................. 715,900
Loans to parolees...................................... 179,400
Housing inmates in federal institutions................ 793,900
Prison store operations--75.0 FTE positions............ 1,467,100
Prison industries operations--189.0 FTE positions...... 21,325,400
Federal school lunch program........................... 712,800
Leased beds and alternatives to leased beds............ 100
Inmate housing fund.................................... 100
Education program--252.0 FTE positions................. 24,869,400
GROSS APPROPRIATION.................................... $ 132,918,400
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 630,600
Federal revenues:
DAG-FNS, national school lunch......................... 712,800
DED-OESE, title I...................................... 533,500
DED-OSERS.............................................. 110,200
DED-OVAE, adult education.............................. 911,200
DED, vocational education equipment.................... 283,100
DED, youthful offender/Specter grant................... 1,318,400
DOJ-BOP, federal prisoner reimbursement................ 211,100
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 10,400
DOJ, prison rape elimination act grant................. 1,037,900
DOJ, state criminal alien assistance program........... 144,300
Special revenue funds:
Correctional industries revolving fund................. 21,325,400
Resident stores........................................ 1,467,100
State general fund/general purpose..................... $ 104,222,400
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,686.5
Health care administration--14.0 FTE positions......... $ 3,236,200
Prisoner health care services.......................... 89,095,500
Vaccination program.................................... 691,200
Interdepartmental grant to human services,
eligibility specialists.............................. 100,000
Mental health services and support--546.0 FTE
positions............................................ 50,069,200
Northern region clinical complexes--366.6 FTE
positions............................................ 43,309,800
Southern region clinical complexes--759.9 FTE
positions............................................ 116,019,300
GROSS APPROPRIATION.................................... $ 302,521,200
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 354,900
State general fund/general purpose..................... $ 302,166,300
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population........................... 18,983.0
Full-time equated classified positions........ 4,262.9
Alger maximum correctional facility -
Munising--264.0 FTE positions........................ $ 26,479,100
Average population................................ 889
Baraga maximum correctional facility - Baraga--324.1
FTE positions........................................ 30,456,200
Average population................................ 884
Earnest C. Brooks correctional facility -
Muskegon--445.0 FTE positions........................ 44,225,900
Average population.............................. 2,440
Chippewa correctional facility - Kincheloe--465.4
FTE positions........................................ 46,467,300
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--338.0 FTE
positions............................................ 34,263,800
Average population.............................. 1,799
Marquette branch prison - Marquette--338.6 FTE
positions............................................ 36,514,700
Average population.............................. 1,201
Newberry correctional facility - Newberry--262.9 FTE
positions............................................ 25,348,600
Average population................................ 978
Oaks correctional facility - Eastlake--305.0 FTE
positions............................................ 33,366,400
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--204.9 FTE
positions............................................ 18,487,000
Average population.............................. 1,090
Pine River correctional facility - St. Louis--414.9 FTE
positions............................................ 39,093,000
Average population.............................. 2,400
Pugsley correctional facility - Kingsley--215.0 FTE
positions............................................ 19,862,000
Average population.............................. 1,158
Saginaw correctional facility - Freeland--311.8 FTE
positions............................................ 31,060,200
Average population.............................. 1,480
St. Louis correctional facility - St. Louis--319.3 FTE
positions............................................ 31,637,400
Average population.............................. 1,226
Northern region administration and support--54.0 FTE
positions............................................ 4,304,300
GROSS APPROPRIATION.................................... $ 421,565,900
Appropriated from:
State general fund/general purpose..................... $ 421,565,900
Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 26,240
Full-time equated classified positions........ 5,933.0
Bellamy Creek correctional facility - Ionia--393.4 FTE
positions............................................ $ 38,086,800
Average population.............................. 1,850
Carson City correctional facility - Carson
City--453.1 FTE positions............................ 46,128,100
Average population.............................. 2,440
Cooper Street correctional facility - Jackson--259.9
FTE positions........................................ 27,297,400
Average population.............................. 1,799
G. Robert Cotton correctional facility -
Jackson--401.5 FTE positions......................... 38,467,100
Average population.............................. 1,841
Charles E. Egeler correctional facility -
Jackson--355.3 FTE positions......................... 38,924,900
Average population.............................. 1,376
Richard A. Handlon correctional facility -
Ionia--232.4 FTE positions........................... 23,341,900
Average population.............................. 1,373
Gus Harrison correctional facility - Adrian--442.7
FTE positions........................................ 44,413,300
Average population.............................. 2,342
Huron Valley correctional complex - Ypsilanti--559.7
FTE positions........................................ 56,904,200
Average population.............................. 1,872
Ionia maximum correctional facility - Ionia--303.7
FTE positions........................................ 30,027,200
Average population................................ 654
Lakeland correctional facility - Coldwater--268.8
FTE positions........................................ 23,385,100
Average population.............................. 2,392
Macomb correctional facility - New Haven--303.3 FTE
positions............................................ 29,556,800
Average population.............................. 1,228
Maxey/Woodland Center correctional facility -
Whitmore Lake--272.2 FTE positions................... 25,429,000
Average population................................ 328
Michigan reformatory - Ionia--319.1 FTE positions...... 31,897,600
Average population.............................. 1,338
Mound correctional facility - Detroit--283.4 FTE
positions............................................ 25,006,600
Average population.............................. 1,062
Parnall correctional facility - Jackson--265.2 FTE
positions............................................ 26,770,400
Average population.............................. 1,678
Ryan correctional facility - Detroit--280.8 FTE
positions............................................ 28,271,300
Average population.............................. 1,048
Thumb correctional facility - Lapeer--291.5 FTE
positions............................................ 29,403,200
Average population.............................. 1,219
Special alternative incarceration program - Cassidy
Lake--120.0 FTE positions............................ 9,717,700
Average population................................ 400
Southern region administration and support--127.0
FTE positions........................................ 19,946,000
GROSS APPROPRIATION.................................... $ 592,974,600
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,543,300
Special revenue funds:
Public works user fees................................. 358,700
State general fund/general purpose..................... $ 591,072,600
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,824,400
GROSS APPROPRIATION.................................... $ 21,824,400
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 159,600
Parole and probation oversight fees set-aside.......... 626,200
State general fund/general purpose..................... $ 21,038,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $1,998,756,600.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $92,562,700.00. 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................................................... $ 53,642,400
Public service work projects........................... 707,800
Community corrections comprehensive plans and services. 13,958,000
Community corrections residential services............. 18,075,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program....................................... 1,740,100
Community re-entry centers............................. 2,019,600
Regional jail program.................................. 100
TOTAL.................................................. $ 90,193,500
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) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2010-2011:
(i) Northern and southern region correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Northern and southern region clinical complexes.
(iv) Prisoner health care services.
(v) Health care administration.
(vi) Vaccination program.
(vii) Prison food service and federal school lunch program.
(viii) Transportation.
(ix) Inmate legal services.
(x) Correctional facilities administration.
(xi) Central records.
(xii) DOJ psychiatric plan.
(xiii) Worker's compensation.
(xiv) New custody staff training.
(xv) Prison store operations.
(xvi) Education services and federal education grants.
(xvii) Education program.
(c) "DAG" means the United States department of agriculture.
(d) "DAG-FNS" means the DAG food and nutrition service.
(e) "DED" means the United States department of education.
(f) "DED-OESE" means the DED office of elementary and
secondary education.
(g) "DED-OSERS" means the DED office of special education and
rehabilitative services.
(h) "DED-OVAE" means the DED office of vocational and adult
education.
(i) "Department" or "MDOC" means the Michigan department of
corrections.
(j) "DOJ" means the United States department of justice.
(k) "DOJ-BOP" means the DOJ bureau of prisons.
(l) "DOJ-OJP" means the DOJ office of justice programs.
(m) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(n) "FTE" means full-time equated.
(o) "GED" means general educational development certificate.
(p) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(q) "GPS" means global positioning system.
(r) "HIV" means human immunodeficiency virus.
(s) "IDG" means interdepartmental grant.
(t) "IDT" means intradepartmental transfer.
(u) "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.
(v) "MDCH" means the Michigan department of community health.
(w) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(x) "MDSP" means the Michigan department of state police.
(y) "MPRI" means the Michigan prisoner reentry initiative.
(z) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(aa) "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.
(bb) "Offender success" means that an offender has done all of
the following:
(i) Regularly reported to his or her assigned field agent.
(ii) Is participating in or has successfully completed all
required substance abuse, mental health, sex offender, or other
treatment as approved by the field agent.
(iii) Not sent or returned to prison for the conviction of a new
crime or the revocation of probation or parole.
(iv) Not been sentenced to a jail term for a new criminal
offense.
(v) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(vi) Obtained housing.
(cc) "Offender target population" means felons or
misdemeanants who would likely be sentenced to imprisonment in a
state correctional facility or jail, who would not likely increase
the risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(dd) "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.
(ee) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(ff) "Recidivism" means any of the following:
(i) The arrest and conviction of a supervised individual for a
new offense while under community supervision.
(ii) The adjudication of a supervised individual for a
violation of the conditions of supervision while under community
supervision.
(iii) A sanction resulting from a violation of terms of
supervision that results in a return to prison without being
adjudicated.
(gg) "RSAT" means residential substance abuse treatment.
(hh) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(ii) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(jj) "SSA" means the United States social security
administration.
(kk) "SSA-SSI" means SSA supplemental security income.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
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. 204a. (1) The department shall collaborate with the civil
service commission and the department of civil service to review
the compensation rates for health care professionals who provide
direct health care services to prisoners within the corrections
system, including, but not limited to, doctors, all nursing
professionals, pharmacists, pharmacy technicians, and
psychologists. The review shall include health care professionals
employed by the state as well as those employed through state
contractors. These rates shall be compared to available data on
compensation rates for comparable medical professionals in the
private sectors who provide services to the general public to
estimate any disparity in compensation.
(2) Following the review, the department shall make
recommendations on changes needed to the state compensation plan
for health care professional positions and to department contracts
with health care providers so that compensation levels are
sufficient to ensure that needed health care professional positions
with vacancies are filled, that the department experiences adequate
retention levels for these positions, and that necessary health
care services are delivered in a timely manner to the prisoner
population. A report outlining these recommendations shall be
submitted to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget office by May 1, 2011.
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 when the state budget director believes that this
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
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 engage in intimidation or
take disciplinary action against an employee for communicating with
a member of the legislature or his or her staff.
Sec. 207. At least 90 days before beginning any effort to
privatize, except for the current effort to privatize and contract
for prisoner mental health services that is necessitated by the
critical need for prisoner mental health treatment staff, the
department shall submit a complete project plan to the appropriate
senate and house 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 appropriations subcommittees and the senate and
house fiscal agencies within 30 months. In the case of the current
effort to privatize and contract for prisoner mental health
services, the department shall submit a complete project plan to
the appropriate senate and house appropriations committee chairs
and appropriate senate and house appropriations subcommittee chairs
as well as the senate and house fiscal agencies and state budget
office 10 days prior to beginning the effort.
Sec. 207a. (1) Before privatizing any services or activities
currently provided by state employees in the department, except for
the privatization of prisoner mental health services that is
necessitated by a critical shortage of mental health professional
staff, the department shall submit to the senate and house
appropriations committees a preprivatization cost-benefit analysis.
This analysis shall utilize accurate, reliable, and objective data.
Included in this analysis shall be a comparative estimate of the
costs that will be incurred by this state over the life of the
contract if 1 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 this state.
(2) The department shall not commence any efforts to privatize
the services or activities currently provided by state employees
under part 1, except for prisoner mental health services, until the
cost-benefit analysis prescribed by subsection (1) has been sent to
both the senate and house appropriations committees 14 days prior
to the efforts to privatize, and proves a cost savings equivalent
to the savings specified in civil service rules for disbursement
for personal services outside the civil service. Before awarding a
contract for the provision of prisoner mental health treatment
services, a cost-benefit analysis shall be completed as specified
in subsection (1) and submitted to the appropriate senate and house
appropriations committee chairs and appropriate senate and house
appropriations subcommittee chairs as well as the senate and house
fiscal agencies and state budget office not less than 7 days prior
to awarding a contract.
(3) In all cases in which a service or activity is privatized,
including the provision of prisoner mental health services, the
private entity shall be adequately bonded, so as not to expose the
state to any potential future liability or legal causes of action.
(4) A private contractor with a contract with this state that
expends state or federal tax dollars shall have all records
pertinent to state contracts, including all records detailing
compliance with section 209, be subject to disclosure to the
department or the department of management and budget.
(5) State employees shall be given the opportunity to bid on
contracts that privatize services that are or were provided by
state employees. If the contract is awarded to any state employee,
he or she ceases being an employee of the state.
Sec. 208. 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. There shall
be at least 1 separate and distinct electronic file for each
section that includes a reporting requirement.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if comparable
quality American goods or services, or both, that do not cost more
than 5% greater than foreign goods or services are available.
Preference shall be given to produce, goods or services, or both,
grown, processed, manufactured, or provided by Michigan businesses
if they are of comparable quality and do not cost more than 5%
greater than non-Michigan manufactured or provided goods or
services. 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. 210. (1) Individuals seeking employment with the
department shall submit to a controlled substance test administered
by the department under civil service rules and regulations and
applicable collective bargaining agreements.
(2) The department shall deny employment to individuals
seeking employment with the department who violate subsection (1)
or who submit to testing under subsection (1) but test positive for
the illicit use of a controlled substance.
Sec. 211. (1) 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, and union steward activities. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
(2) If a parolee or probationer has been ordered to pay
restitution, the department shall ensure that payment is a
condition of his or her community supervision. Restitution payments
shall be made as provided in section 22 of chapter XV of the code
of criminal procedure, 1927 PA 175, MCL 775.22. The department
shall collect not more than 50% of all money collected from
parolees and probationers for payments other than victim payments,
as that term is defined in section 22 of chapter XV of the code of
criminal procedure, 1927 PA 175, MCL 775.22.
(3) By April 1, 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 the collection of fees under this section.
At minimum, this report shall include a categorical accounting of
all fees collected under this section.
Sec. 212. (1) On a quarterly basis, each executive branch
department and agency receiving appropriations in part 1 shall
report on the number of full-time equated positions in pay status
by civil service classification to the senate and house
appropriations subcommittees on corrections and the senate and
house fiscal agencies. This report shall include a detailed
accounting of the long-term vacancies that exist within each
department. As used in this subsection, "long-term vacancy" means
any full-time equated position that has not been filled at any time
during the past 24 calendar months.
(2) From the funds appropriated in part 1, each executive
branch department and agency shall develop, post, and maintain on a
user-friendly and publicly accessible Internet site all
expenditures made by the departments and agencies within a fiscal
year. The posting shall include the purpose for which each
expenditure is made. Funds appropriated in part 1 from the federal
American recovery and reinvestment act of 2009, Public Law 111-5,
shall also be included on a publicly accessible website maintained
by the Michigan economic recovery office. Departments and agencies
shall not provide financial information on their websites under
this section if doing so would violate a federal or state law,
rule, regulation, or guideline that establishes privacy or security
standards applicable to that section.
Sec. 213. By February 15, 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 non-general 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 those revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2009-2010, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2009-2010, the account balance at the close of fiscal year
2009-2010, and the projected revenues and expenditures for fiscal
year 2010-2011.
Sec. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of technology, management, and budget for technology-
related services and projects. These user fees shall be subject to
provisions of an interagency agreement between the department and
the department of technology, management, and budget. It is the
intent of the legislature that the department consider using third-
party software and information technologies before contracting for
such services through the department of technology, management, and
budget.
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 technology, management, and budget.
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 of this
state, out-of-state travel for the fiscal year ending September 30,
2011 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 for similar
reasons.
(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) Not later than January 1, 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
senate and house 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.
(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. The director
of the department shall strongly encourage certified firms with
which the department contracts to provide services or supplies, or
both, in deprived and depressed communities to help parolees or
probationers progress to success by hiring, participating with MPRI
training programs, or assisting with other community involvement
opportunities.
Sec. 219. Any contract for prisoner telephone services entered
into after the effective date of this act shall include a condition
that fee schedules for prisoner telephone calls, including rates
and any surcharges other than those necessary to meet special
equipment costs, be the same as fee schedules for calls placed from
outside of correctional facilities.
Sec. 222. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes. If outside counsel is utilized, the
department shall provide a detailed report to the legislature
specifying expenditures incurred.
Sec. 223. (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 act under section 393(2) of the 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 act under section 393(2) of the 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 act
under section 393(2) of the 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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 224. By March 1, the department shall provide a
litigation report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The report shall identify all
lawsuits adjudicated through the trial court phase in which the
department or an employee acting on behalf of the department was a
defendant and in which trial court proceedings resulted in a
decision of $250,000.00 or more against the department.
Sec. 225. (1) The department shall make every effort to place
employees displaced by any reductions in force within other
positions in the department.
(2) It is the intent of the legislature that all employees
displaced by any reductions in force who are not placed within
other positions in the department be given priority in state
programs for job retraining or education, such as the no worker
left behind program.
Sec. 230. (1) From the funds appropriated in part 1, the
department shall complete the study required by section 230 of 2008
PA 245. The study shall cover at least 1 county jail in each of the
department's 3 administrative regions within the state and at a
minimum shall be based on a representative random sample of county
jail inmates. To the extent that such information would not
conflict with state law on confidentiality for inmates included in
the study, at a minimum, the study shall be sufficient to provide
all of the information required by subsection (2). In the process
of study design, development, and implementation, the department
shall assure involvement of and consultation from counties,
sheriffs, prosecutors, victims, and consumer, family, advocacy,
provider, and professional groups concerned with mental health and
justice issues. The methodological basis for the study shall
include all of the following:
(a) Diagnostic clinical interviews with all of the inmates in
the study.
(b) Reviews of the criminal history records of all of the
inmates in the study.
(c) Reviews of the medical and mental health records of all of
the inmates in the study, as available.
(2) By September 1, the department shall report to the senate
and house appropriations subcommittees on corrections, the senate
and house appropriations subcommittees on community health, the
senate and house fiscal agencies, and the state budget director on
the results and findings of the study, including, at a minimum,
information on all of the following, to the extent that the
information does not conflict with state law on confidentiality for
the inmates included in the study:
(a) Study methodology, including information on the sample
size and counties sampled.
(b) The proportion of county jail inmates with a primary
diagnosis of mental illness, the proportion of inmates with a
primary diagnosis of addiction disorder, and the proportion of
inmates with a dual diagnosis of mental illness and addiction
disorder.
(c) For each category of inmates listed in subdivision (b),
all of the following information:
(i) The proportion considered to currently require treatment
and the percentage in need of treatment who are currently receiving
it. Information on inmates currently receiving treatment shall
identify whether the inmates are receiving inpatient, residential,
or outpatient treatment. Treatment information on inmates with a
dual diagnosis shall identify whether inmates are receiving mental
health inpatient, mental health residential, mental health
outpatient, substance abuse residential, or substance abuse
outpatient treatment.
(ii) Data indicating how many inmates previously had been
hospitalized in a state or private psychiatric hospital for persons
with mental illness.
(iii) Data indicating whether and with what frequency inmates
previously had been incarcerated in a jail or committed to the
department of corrections.
(iv) Data indicating whether inmates previously had received
services managed by a community mental health program or substance
abuse coordinating agency.
Sec. 232. By April 1, the department shall report to the
senate and house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a listing of Michigan vendors whose contracts
were canceled or reduced in favor of single-source contracts from
vendors based outside of Michigan. The report shall provide
information for fiscal years 2009-2010 and 2010-2011 and shall
include pertinent contract amounts.
Sec. 235. It is the intent of the legislature that the
department reduce expenditures using the following strategies:
(a) Following the recommendations outlined in audit report
471-0130-08 of June 2009 issued by the Michigan office of the
auditor general, which found $7,534,039.00 in known savings that
would have been achieved through cost-neutral operation of the
bureau of correctional industries, as follows:
(i) Finding 1 indicates that the bureau of correctional
industries has consistently failed to maintain profitable or cost-
neutral operations.
(ii) Finding 2 indicates that the bureau of correctional
industries had not developed or implemented a comprehensive
business plan.
(iii) Finding 3 indicates that the bureau of correctional
industries did not efficiently schedule and utilize its trucks and
drivers for delivery of products and services.
(iv) Finding 4 indicates that the bureau of correctional
industries had not established comprehensive policies and
procedures for setting prices and discounts for products and
services.
(b) Continuing the supply chain transformation (SCT) with the
new fiscal year beginning October 1, 2011. The SCT shall address
all goods and services delivered into the department, with special
focus in the following areas: food service, offender transport,
warehousing, prisoner stores, laundries, textiles, transportation,
reverse logistics, education, sex offender programming, assaultive
offender programming, Michigan state industries manufacturing and
related material, and capital and service purchase contracts under
development or due to expire. The department shall continually
detail its supply chain strategy and implementation plan including
tasks, timing, resources, costs, and benefits to be achieved. The
department shall provide quarterly cost and benefit savings report
information. The department shall contract with a world-class
supply chain external resource with the following capabilities:
demonstrated success working in a department of corrections
environment in the targeted supply chain areas of focus;
demonstrated expertise in defining, developing, and implementing
cross-functional infrastructures; continuous quality improvement
teams; stakeholder and communications outreach programs; six
sigma/lean tools and templates; hands-on supply chain; continuous
quality improvement and six sigma tool training; and positive
working relations and measurable, documented client satisfaction
results.
(c) Following the recommendations outlined in audit report
471-0620-07L of October 2008 issued by the Michigan office of the
auditor general, which found $14,800,000.00 in estimated savings
that could be achieved through reforms of the department's staffing
and purchasing policies, as follows:
(i) Finding 1 indicates that the department needs to improve
its administration of custody officer staffing.
(ii) Finding 2 indicates that the department needs to pursue
additional cost-saving measures through future contract
negotiations and review of its organizational structure.
(iii) Finding 3 indicates that the department did not have a
formal process in place to negotiate prices for goods and services
purchased from Michigan state industries.
(d) Following the recommendations outlined in audit report
471-0623-07L of December 2008 issued by the Michigan office of the
auditor general, which found significant but indeterminate savings
could be achieved through reforms of prisoner transportation
policies, specifically, finding 4 indicates that the department
should continue to seek the cooperation of the state court
administrative office and its medical service providers to fully
use existing technology to conduct videoconferencing for court and
medical appointments.
Sec. 236. It is the intent of the legislature that from the
revenue resulting from the sale of the former Scott correctional
facility sufficient funds shall be appropriated to the department
to reimburse Michigan state industries for costs related to the
construction of the Industries Building, which was operated by
Michigan state industries on the site of the Scott correctional
facility.
Sec. 237. It is the intent of the legislature that the
department make additional efforts to sell, rent, or otherwise
repurpose closed correctional facilities.
Sec. 238. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of 1
supervisor for each 5 employees at the department's central office
in Lansing and at both the northern and southern region
administration offices.
EXECUTIVE
Sec. 301. (1) For 3 years after a felony offender is released
from the department's jurisdiction, the department shall maintain
the offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
(2) Information removed from the offender tracking information
system due to the expiration of 3 years following release of an
offender from the department's jurisdiction shall be retained by
the department and maintained in a password-protected archive.
Effective October 1, 2009, information in the archive shall be made
available upon payment of a fee as determined by the department.
Revenue collected under this section is appropriated for the costs
of the offender tracking information system, and any revenue
collected in excess of the costs of maintaining the offender
tracking information system is appropriated for information
technology costs. The department shall report on March 1 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the fees charged and revenue collected under this section.
Sec. 302. The department shall provide a report to the members
of the senate and house appropriations subcommittees on corrections
and community health, the senate and house fiscal agencies, MDCH,
and the state budget director by May 1, reviewing actions taken to
implement the recommendations of the mental health study required
under section 302 of 2007 PA 124 with which it agrees and an
explanation of any disagreements with recommendations. It is the
intent of the legislature to review the department's implementation
plan and, in coordination with the department, to identify funds
with which to implement the plan, as appropriate.
Sec. 303. It is the intent of the legislature that the
quantity of database systems in use by the department be optimal
for efficient data usage and communications. By March 1, 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 plan to
implement secure, encrypted, Internet-based database systems that
can electronically communicate with each other and with other law-
enforcement-related databases by September 30.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department. The department
shall report semiannually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director on the suggestions submitted under
this section, the implementation plan for those suggestions with
which the department agrees, and an explanation of any
disagreements with suggestions.
Sec. 305. By March 1, 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 prisoners who committed suicide during the previous
calendar year. To the extent permitted by law, the report shall
include all of the following information:
(a) The prisoner's age, offense, sentence, and admission date.
(b) Each prisoner's facility and unit.
(c) A description of the circumstances of the suicide.
(d) The date of the suicide.
(e) Whether the suicide occurred in a housing unit, a
segregation unit, a mental health unit, or elsewhere on the grounds
of the facility.
(f) Whether the prisoner had been denied parole and the date
of any denial.
(g) Whether the prisoner had received a mental health
evaluation or assessment.
(h) Details on the department's responses to each suicide,
including immediate on-site responses and subsequent internal
investigations.
(i) A description of any monitoring and psychiatric
interventions that had been undertaken prior to the prisoner's
suicide, including any changes in placement or mental health care.
(j) Whether the prisoner had previously attempted suicide.
PLANNING AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive 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. It is the intent of the legislature that the funds
appropriated in part 1 for prisoner reintegration programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner reintegration
programming:
(a) The provision of employment or employment services and job
training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful
reintegration.
Sec. 403. By March 1, the department shall provide a report on
MPRI expenditures and allocations 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 information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and projected expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider.
Sec. 403a. (1) In collaboration with a technical committee
composed of representatives from the department, designees of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the justice center of the
council of state governments, the department shall develop a
performance-based dashboard tracking and reporting system that
establishes key indicators of the success and failure of offenders.
Indicators shall reflect the status of and trends in key program
elements, behavior improvements on the part of offenders, and
whether targeted goals are being met.
(2) By April 1, the department shall report dashboard data to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget
director.
Sec. 404. (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) 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. 405. (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) Of the funds appropriated in part 1 for substance abuse
testing and treatment services, at least $5,000,000.00 shall be
utilized to operate residential substance abuse treatment programs
around the state.
(3) By March 1, 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 2010-2011 and projected for fiscal year 2011-2012. 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.
(4) By March 1, 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 success and
programmatic success as those terms are defined in section 203.
Sec. 405a. The department shall work cooperatively with MDCH and
substance abuse coordinating agencies in referring offenders as
appropriate to intensive substance abuse services, including
residential services.
Sec. 407. (1) By June 30, the department shall place the 2011
statistical report on an Internet site. The statistical report
shall include, but not be limited to, the information as provided
in the 2004 statistical report.
(2) It is the intent of the legislature that starting with
calendar year 2010, the statistical report be placed on an Internet
site within 6 months after the end of each calendar year.
Sec. 408. The department shall measure the recidivism rates of
offenders using at least a 3-year period following their release
from prison.
Sec. 409. 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.
Sec. 410. (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 enhance
offender success and that also may 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 offenders who would likely
be sentenced to imprisonment, 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.
(f) Contribute to offender success, as that term is defined in
section 203.
(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 offender success, 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 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American corrections association
or a similar organization as approved by the department.
Sec. 411. 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, 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, that contribute to the success of offenders. 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 use the county jail reimbursement
program under section 414. The state community corrections board
shall encourage local community corrections advisory boards to
include in their comprehensive corrections plans strategies to
collaborate with local alcohol and drug treatment agencies of the
MDCH for the provision of alcohol and drug screening, assessment,
case management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (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, by prior record variable score, by number and
percent statewide and by county, current year, and comparisons to
the previous 3 years.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 414. (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 certain felons
who otherwise would have been sentenced to prison.
(2) Counties shall be given the option of choosing from 1 of 2
eligibility and reimbursement standards as described in this
subsection for the county jail reimbursement program. The
department shall submit to each county a county jail reimbursement
application form by October 1, 2011 that explains the 2 eligibility
and reimbursement standards and shall request that the county
submit a decision to the department regarding the standard it
elects to utilize for the operation of the county's program.
Counties shall submit their decision to the department by October
15, 2011, and shall not be allowed to revise this decision after
submission. A county shall not be reimbursed for any services
provided after October 15, 2011 unless that county has submitted a
decision on the eligibility and reimbursement standards to the
department. The department shall offer counties the option to
choose between the eligibility and reimbursement standards outlined
below:
(a) The standards outlined in subsections (2) and (3) of
section 414 of 2008 PA 245 as outlined below:
(i) The county jail reimbursement program shall reimburse
counties for housing and custody of convicted felons if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(A) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H under chapter XVII of the code of criminal procedure, 1927
PA 175, MCL 777.1 to 777.69.
(B) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
sub-subparagraph (A).
(ii) State reimbursement under this subdivision for prisoner
housing and custody expenses per diverted offender shall be $43.50
per diem for up to a 1-year total.
(b) The standards outlined and defined in subsections (2),
(3), and (6) of section 301 of 2010 PA 89 as outlined below:
(i) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(A) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(B) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
sub-subparagraph (A).
(C) 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.
(ii) State reimbursement under this subdivision shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(iii) As used in this subdivision:
(A) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(B) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(C) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(3) Except as otherwise provided in subsection (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. By October 15, 2011, the department shall distribute
the documentation requirements to all counties.
(4) By May 1, 2012, the subcommittee chair of the chamber that
sponsored the current fiscal year budget act for the department
shall convene a reimbursement committee consisting of the chairs of
the senate and house appropriations subcommittees on corrections, 1
representative from the department of corrections, the state budget
office, the Michigan association of counties, and the Michigan
sheriffs association for the purpose of reviewing payment of all
eligible and properly documented reimbursement requests that comply
with the reimbursement criteria in subsection (2)(b) for counties
that elected that eligibility and reimbursement standard. If the
committee determines that the current appropriation will not cover
all eligible reimbursement costs, the state budget office shall
request a legislative transfer from other appropriation line items
in the department budget to the county jail reimbursement program
line item to cover the additional costs.
(5) Of the funds appropriated in part 1 for the county jail
reimbursement program, $500,000.00 shall be utilized to reimburse
county jails for housing individuals who violate terms of probation
under the swift-and-sure sanctions pilot program.
Sec. 416. (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 or the lower limit
of the sentencing range is 1 year or less and the upper limit of
the range is more than 18 months and the prior record variable is
less than 35 points, 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. 417. (1) By March 1, 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) 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
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(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.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall collaborate with the Michigan
department of state to ensure that an achievable list of documents
necessary to obtain a state operator's license or state
identification card upon parole or release is developed and
presented to the prisoner so that application for identification
can begin prior to a prisoner's discharge or parole hearing. The
process for prisoners to acquire this documentation shall be part
of the department's operating procedure.
(3) The department shall cooperate with MDCH to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(4) By March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director on the plan for implementing all
necessary processes and policy changes in order to ensure
compliance with the requirements of this section.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director on prisoner, parolee, and probationer populations
by facility, and prison capacities.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director. The reports shall include information on end-of-
month prisoner populations in county jails, the net operating
capacity according to the most recent certification report,
identified by date, and end-of-month data, year-to-date data, and
comparisons to the prior year for the following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(f) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(g) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 420. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house judiciary committees, the senate and house fiscal
agencies, and the state budget director on performance data and
efforts to improve efficiencies relative to departmental staffing,
health care services, food service, prisoner transportation, mental
health care services, and pharmaceutical costs.
Sec. 422. It is the intent of the legislature that MPRI
programs from prisoner entry into the corrections system to reentry
into the community and as measured by offender success and
programmatic success as those terms are defined in section 203
shall be maintained as standard operating procedure in the
department. In particular, services should be focused on moderate-
to high-risk individuals. Special in-prison programming shall be
directed to those prisoners who were paroled and have returned to
prison and who will subsequently be eligible for parole again in
the future. In addition, MPRI services provided to prisoners shall
include basic computer skills training.
Sec. 424. (1) From the funds appropriated in part 1 for
residential services, the department shall develop and implement,
in collaboration with the judiciary and as approved by the state
court administrative office, a demonstration project based on
evidence-based practices related to judicial and case management
interventions that have been proven to increase public safety for
high-risk, high-need probationers as determined by a validated risk
and need assessment instrument. As used in this section,
"probationer" means a circuit court probationer serving a probation
sentence for a crime.
(2) The demonstration project shall be implemented in 4 areas
of the state identified jointly by the department and the state
court administrative office. Preference shall be given to locations
that are representative of areas with high rates of violent crimes
as described in the council of state governments' justice center
report on analyses of crime, community corrections, and sentencing
policies in this state.
(3) The primary goal of the demonstration project is to reduce
crime and revictimization by high-risk, high-need probationers. The
secondary goal of the demonstration project is to reduce
expenditures for long-term incarceration.
(4) The demonstration project may provide up to 6 months of
residential services, and treatment methods, and interventions that
are evidence-based, including, but not limited to, the following:
(a) Risk/needs assessment.
(b) Motivational techniques.
(c) Type, intensity, and duration of treatment based on each
probationer's risk and needs and delivered consistent with
evidence-based practices.
(5) The department shall implement the evidence-based practice
of collaborative case management and utilize the services of the
department and of local community corrections consistent with the
local comprehensive corrections plan developed under the community
corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(6) The department shall assign a probation officer to the
demonstration project to supervise a specialized caseload for high-
risk, high-need probationers. All probation officers supervising a
specialized caseload under this section shall receive substantial
education and training on issues of substance abuse, mental health,
and drug and alcohol testing.
(7) The probation officer shall work in cooperation with the
local judiciary and the community corrections advisory board in a
collaborative effort toward the goals of promoting probationer
success and reducing crime and revictimization.
(8) The probation officer assigned to the demonstration
project shall comply with supervision requirements established for
the demonstration project by the field operations administration
deputy director.
(9) The department shall identify and coordinate information
for each local jurisdiction selected for the demonstration project
regarding the rate of incarceration of high-risk, high-need
probationers to ensure that appropriate probationers are targeted
for the demonstration project.
(10) From the funds appropriated in part 1 for public
education and training, the department shall collaborate with the
local judiciary, community corrections advisory board, and service
providers to develop and provide appropriate training for all local
stakeholders involved in the demonstration project described in
this section.
(11) From the funds provided to the local jurisdiction for the
demonstration project, the department shall collaborate with the
local judiciary and the community corrections advisory board to
develop and implement an evaluation of the demonstration project
that will show the impact of the project on the arrests,
convictions, technical violations, and commitments to prison of the
demonstration project participants. This evaluation shall be
performed in accordance with department of corrections policy and
procedure on evaluation design in cooperation with the office of
research and planning.
(12) By May 1, 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 demonstration project prescribed under this section,
including information on all of the following:
(a) Demonstration project locations and participating courts.
(b) The number of probationers participating in the pilot
categorized by location and offense.
(c) Evaluation status and methodology.
(d) Preliminary results, if any.
Sec. 426. Of the money appropriated in part 1 for prisoner
reintegration programs, $500,000.00 shall be distributed to 1 or
more Michigan-chartered 501(c)(3) nonprofit corporations to expand
existing business models, or to create new business enterprises
including capital equipment needs, that presently have established
public utility asset recovery recycling programs. This nonprofit
will hire new employees through the funding provided above and must
include at least 45% returning citizens. The programs shall be
administered by 1 or more Michigan-chartered corporations that are
exempt from taxation under section 501(c)(3) of the internal
revenue code, 26 USC 501(c)(3), and that have documented
entrepreneurial social enterprise expertise in creating employment
opportunities for parolees.
Sec. 429. It is the intent of the legislature that the
department work with other state departments and agencies to
implement the policy options provided to the state by the council
of state governments in January 2009.
Sec. 430. The department shall ensure that each prisoner has
the opportunity to meet with his or her transition team prior to
release from prison. If applicable, community providers shall enter
the prison to meet with the prisoner prior to release.
Sec. 431. The department shall ensure that prior to release
from prison, each offender has possession of all of the following:
(a) All documents necessary to obtain a state operator's
license or state identification card.
(b) A set of clothing that would be appropriate and suitable
for wearing to an interview for employment.
Sec. 433. The department shall report quarterly on January 1,
2012, April 1, 2012, July 1, 2012, and September 30, 2012 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status of any contracts entered into under the June 2009
request for proposals for the re-entry initiative project for
offenders with special needs. The report shall include information
on all of the following:
(a) The number of prisoners and participating parolees in each
of the target population subgroups, including medically fragile,
mentally ill, developmentally disabled, and youthful offenders.
(b) Descriptions of the key services being provided to each
subgroup under the contract or contracts.
(c) Estimates of the average per-offender costs of services
for each target population subgroup under each contract, compared
to the average cost of prison incarceration for those populations.
Sec. 434. (1) It is the intent of the legislature that the
department, in coordination with the department of energy, labor,
and economic growth, Michigan state housing development authority,
and local government officials, implement employment-related
projects targeted toward at-risk young adults who are disconnected
from school and employment, and probationers and parolees in high-
crime neighborhoods where the adult incarceration rate is at least
45%.
(2) The department shall identify high-crime neighborhoods
where the adult incarceration rate is at least 45% and in
coordination with the department of human services and the
superintendent of public instruction shall develop programs for
recommendation to the legislature that offer academic, counseling,
and social support to children of incarcerated parents.
OPERATIONS AND SUPPORT ADMINISTRATION
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. 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. 503. Funds appropriated in part 1 for administrative
hearings officers are appropriated as an interdepartmental grant to
the department of energy, 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 energy, labor, and
economic growth for administrative hearings officers in excess of
the amount expressly appropriated by this act for the
administrative hearings officers unless funding is transferred into
this line under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec. 504. Of the funds appropriated in part 1, $50,000.00 is
appropriated to provide an interdepartmental grant to the judiciary
for use of the judicial data warehouse by department employees.
Sec. 505. (1) The department shall train all custody staff in
effective and safe ways of handling prisoners with mental illness
and referring prisoners to mental health treatment programs. Mental
health awareness training shall be incorporated into the training
of new custody staff.
(2) All staff having direct contact with prisoners and
employed within correctional facilities shall attend at least 1
mental health awareness training session.
Sec. 507. Of the funds appropriated in part 1, $1,000,000.00
is appropriated for the establishment of a pilot program for the
use of swift-and-sure jail sanctions as a response to certain
probation violations. This program shall be administered by the
various state drug courts in cooperation with county jails.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) 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
March 1.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
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 March 1, 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 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 March 1, 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 demonstration project outcome measures.
(d) An evaluation of the kiosk reporting demonstration
project, including any need for improvement and an assessment of
the potential for expanded use of kiosk reporting stations.
Sec. 611. The department shall prepare by March 1, 2011
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 by type of offender. Community
re-entry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(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. 612. (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 demonstration projects for
substance abuse treatment provided under this act and applicable
provisions of prior budget acts for the department.
(4) The department shall provide quarterly 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 quarter. 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. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(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.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 613. Subject to the appropriations in part 1, the
department is encouraged to expand the use of continuous remote
alcohol monitors for parolees and probationers who test positive
for alcohol abuse or have alcohol-abuse-related violations of their
community supervision.
Sec. 614. (1) As a condition of probation, community control,
payment plan for the payment of a fine or restitution, or any other
court-ordered supervision, the court may order the posting of a
bond to secure the defendant's appearance at any subsequent court
proceeding or to otherwise enforce the orders of the court. An
appearance bond executed under this section shall be filed with the
court or with the sheriff by a licensed professional bail agent who
shall provide a copy of the bond to the clerk of court.
(2) The court may issue an order to produce the defendant sua
sponte or upon notice by the clerk or the probation officer that
the person has violated the terms of probation, community control,
court-ordered supervision, or other applicable court order. The
court or the clerk of the court shall give the bail agent not less
than 72 hours to bring the defendant before the court. If the bail
agent fails to produce the defendant in court or to the sheriff at
the time noticed by the court or the clerk of court, the appearance
bond required under subsection (1) shall be forfeited according to
the procedures set forth in section 15 of chapter V of the code of
criminal procedure, 1927 PA 175, MCL 765.15. The defendant's
failure to appear shall be the sole grounds for forfeiture of the
appearance bond.
Sec. 615. After the parole and commutations board has reviewed
the cases of all inmates sentenced to life with the possibility of
parole who have good institutional records and pose low-risk to the
community, the parole and commutations board shall provide the
legislature with a detailed explanation of why an inmate who scores
"high probability of release" is not being paroled.
HEALTH CARE
Sec. 801. 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. 802. 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 on physical and mental health care
detailing the average number of days between a prisoner's diagnosis
and commencement of treatment for that diagnosis, quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
(b) Regular updates on progress on requests for proposals and
requests for information pertaining to prisoner health care and
mental health care, until the applicable contract is approved.
Sec. 803. For mental health contracts entered into by the
department, including those with the Michigan department of
community health, recognized performance standards and measures of
quality shall be utilized to conduct periodic performance reviews.
At least once every 3 years, the department shall renegotiate all
mental health contracts entered into under this section with the
goals of improving care and reducing costs.
Sec. 804. (1) The department shall report quarterly to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
prisoner health care utilization. The report shall include the
number of inpatient hospital days, outpatient visits, and emergency
room visits in the previous quarter and since October 1, 2009, by
facility.
(2) By March 1, 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 prisoners
receiving off-site inpatient medical care that would have received
care in a state correctional facility if beds were available. The
report shall include the number of prisoners receiving off-site
inpatient medical care and average length of stay in an off-site
facility during the period they would have received care in a state
correctional facility if beds were available, by month and
correctional facilities administration region.
Sec. 805. The bureau of health care services shall develop
information on hepatitis C and HIV prevention and the risks
associated with exposure to hepatitis C and HIV. 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 30 days 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 sentence.
Sec. 806. (1) From the funds appropriated in part 1, the
department shall require a hepatitis C antibody test and an HIV
test for each prisoner prior to release to the community by parole,
transfer to community residential placement, or discharge on the
maximum sentence. The department shall require an HIV test and a
hepatitis C risk factor screening for each prisoner at the health
screening at admissions. If hepatitis C risk factors are
identified, the department shall offer the prisoner a hepatitis C
antibody test. An explanation of results of the tests shall be
provided confidentially to the prisoner, and if appropriate based
on the test results, the prisoner shall also be provided a
recommendation to seek follow-up medical attention.
(2) By March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the senate and
house appropriations subcommittees on community health, the senate
and house fiscal agencies, and the state budget director on the
number of offenders tested and the number of offenders testing
positive for HIV, the hepatitis C antibody, or both, at prison
admission and parole, transfer to community residential placement,
or discharge on the maximum sentence. The department shall keep
records of those offenders testing positive for HIV, the hepatitis
C antibody, or both, at prison admission, parole, transfer to
community residential placement, and discharge. These records shall
clearly state the date each test was performed.
(3) As a condition of expenditure of the funds appropriated in
part 1, the department shall keep records of the following:
(a) The number of offenders testing positive for the hepatitis
C antibody who do not receive treatment, by reason for not
participating.
(b) Cost and duration of treatment by offender as allowable by
privacy law.
Sec. 807. 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. Prisoners
being released shall be provided with at least a 30-day supply of
medication and a prescription for refills to allow for continuity
of care in the community.
Sec. 808. 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. 809. 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 who are HIV
positive or positive for the hepatitis C antibody. By March 1,
2011, 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 all of the
following:
(a) Programs and the location of programs implemented as a
result of the work under this section.
(b) The number of prisoners released to the community by
parole, discharge on the maximum sentence, or transfer to community
residential placement who are HIV positive, positive for the
hepatitis C antibody, or both.
(c) The number of offenders referred to the local public
health department, by county.
Sec. 811. By February 1, 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 efforts to implement continuous quality improvement
for prisoner health care. At a minimum, the report shall identify
the processes that were in place before the start of the fiscal
year, the processes undertaken since the beginning of the fiscal
year, and plans for future changes.
Sec. 812. (1) The department shall provide the department of
human services with a monthly list of prisoners newly committed to
the department of corrections. The department and the department of
human services shall enter into an interagency agreement under
which the department of human services provides the department of
corrections with monthly lists of newly committed prisoners who are
eligible for Medicaid benefits in order to maintain the process by
which Medicaid benefits are suspended rather than terminated. The
department shall assist prisoners who may be eligible for Medicaid
benefits after release from prison with the Medicaid enrollment
process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director with quarterly
updates on the utilization of Medicaid benefits for prisoners.
Sec. 813. The department shall work in cooperation with the
department of community health to monitor and document drug
utilization by department for prisoner health care services. As
part of this effort, the department shall examine drug utilization
patterns and cost-cutting strategies used by corrections systems in
other states. By March 1, 2011, the department shall provide a
report to the legislature detailing the department's drug
utilizations and drug utilization statistics for corrections
systems in other states.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
physician, to prisoners who have mental illness diagnoses but are
not enrolled in the corrections mental health program.
Sec. 815. From the money appropriated in part 1 for health
care administration, the department shall expend at least
$520,000.00 to operate a health care quality assurance unit.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
(c) A progress report on the department's efforts to address
various findings outlined in audit report 471-0325-09L issued in
March 2011 by the Michigan office of the auditor general.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 902. From the funds appropriated in part 1, the
department shall allocate sufficient funds to develop a
demonstration children's visitation program. The demonstration
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. 903. Except as otherwise provided in this section, the
department shall prohibit prisoners' access to or use of the
Internet or any similar system. Under adequate supervision and with
security precautions that ensure appropriate computer use by
prisoners, the department may allow a prisoner access to or use of
the Internet for the purposes of educational programming,
employment training, job searches, or other Internet-based programs
and services consistent with programming objectives, efficient
operations, and the safety and security of the institution.
Sec. 904. 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. 905. (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. 906. It is the intent of the legislature that the
department maintain or expand upon existing public works
programming by contracting with local units of government or
private organizations. Any local unit of government or private
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of such
an agreement.
Sec. 907. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on
academic/vocational programs. 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 instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a GED.
(e) 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.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason those prisoners
have not obtained a GED.
Sec. 908. By February 1, 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 2008-2009 and 2009-2010 who have a high school
diploma or a GED.
Sec. 909. As a condition of expending funds appropriated for
academic/vocational programs under part 1, the department shall by
January 31, 2011 provide a plan to contract with intermediate
school districts for GED and high school diploma 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 the development of the curriculum, how the program
will be administered, how the program will improve employability,
and how the program will be evaluated.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
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. 911. (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 March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, 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
2010.
(3) The department shall not reduce the ratio of custody
officers to prisoners at any correctional facility below the levels
that existed October 1, 2008. Any correctional facility that
reduces its security level after October 1, 2008 shall not have a
ratio of custody officers to prisoners below that of a comparable
facility. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director if it is unable to
comply with this section. The report shall include all of the
following:
(a) A list of the correctional facilities that reduced their
ratio of custody officers to prisoners in violation of this
subsection.
(b) An explanation of why the department is unable to comply
with this subsection.
(c) A plan to maintain the safety and security of the
facilities or units.
(4) Subsection (3) does not apply to facilities or portions of
facilities that have closed.
Sec. 912. 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 March 1 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. 913. (1) It is the intent of the legislature that any
prisoner required to complete an assaultive offender program,
sexual offender program, or other program as a condition of parole
shall be transferred to a facility where that program is available
in order to accomplish timely completion of that program prior to
the expiration of his or her minimum sentence and eligibility for
parole. Nothing in this section should be deemed to make parole
denial appealable in court.
(2) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming and assaultive offender
programming. At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete either sex offender programming or assaultive
offender programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required sex offender
and/or assaultive offender programming.
(c) A plan of action for addressing any waiting lists or
backlogs for sex offender programming or assaultive offender
programming that may exist.
Sec. 916. The department shall issue a request for proposals
by June 1, 2011 to convert the law library collections at
correctional facilities to an electronic medium, if the
department's feasibility study that examined similar conversions in
Ohio and Pennsylvania reveals that the conversion would be
beneficial.
Sec. 917. From the funds appropriated in part 1, the
department shall allocate sufficient funds to implement evidence-
based demonstration projects that change offenders' behaviors,
values, beliefs, and attitudes toward victims and the community.
Sec. 918. Following receipt of an auditor general performance
audit on offender transportation, the department, in conjunction
with the department of management and budget, shall issue a request
for information on the possible bidding of all offender
transportation services. State employees shall be given the
opportunity to respond to a request for information on offender
transportation services. Any response to the request for
information shall include an explanation of how savings of at least
5% over existing costs of offender transportation would be
realized.
Sec. 919. (1) As a condition of expending funds appropriated
in part 1 for prison food service, the department shall comply with
the provision of section 207, including, but not limited to, all of
the following criteria:
(a) Providing a complete project plan at least 90 days prior
to issuing a request for proposals or an invitation to bid for all
or a substantial portion of food service, including a contract for
food procurement.
(b) Conducting a preprivatization cost-benefit analysis as
described by section 207a.
(c) Providing a copy of the cost-benefit analysis to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director
before the earliest of the following:
(i) Issuance of a request for proposals or invitation to bid.
(ii) Filing a contract change request with the state
administrative board.
(iii) Entering into a contract for all or a substantial portion
of prison food service.
(2) As a condition of expending funds appropriated in part 1
for prison food service, any contract for prison food service or
prison food procurement shall identify all of the following:
(a) How savings equivalent to the savings specified in civil
service rules for personal services outside the civil service would
be realized.
(b) How the department will comply with the requirements of
section 209.
(c) How food quality will be maintained in conjunction with
any cost savings.
(d) The impact on local vendors, growers, and processors,
identified by facility or region, as appropriate, compared to
prior-year purchases.
Sec. 920. The department shall make every effort to operate a
garden or horticultural operation at each correctional facility,
where practical, in order to provide food for correctional
facilities and not-for-profit organizations.
Sec. 921. (1) By April 30, 2012, the department shall report
to the chairs of the senate and house appropriations committees,
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
on the following:
(a) The actual savings realized between January 1, 2009 and
April 1, 2011 as a result of closing correctional facilities and
correctional camps between January 1, 2009 and January 1, 2012,
itemized by correctional facility or correctional camp.
(b) The projected fiscal year 2011-2012 savings by closing
correctional facilities and correctional camps between January 1,
2009 and January 1, 2012, itemized by correctional facility or
correctional camp.
(2) The report in subsection (1) shall include information on
all of the following:
(a) The savings realized or projected to be realized, itemized
by program or type of expenditure.
(b) Any cost of field supervision, field operations programs,
or prisoner reintegration programs related to the closure of
correctional facilities and correctional camps between January 1,
2009 and January 1, 2012.
Sec. 922. It is the intent of the legislature that all
prisoners work 40 hours per week in the correctional facility, as
part of a public works crew or in private enterprise, or
participate in vocational or training programs. Prisoners may be
enrolled in GED or education programs in combination with
employment. Prisoners not employed shall be enrolled in GED or
other educational programs for not less than 20 hours per week.
This section does not apply to prisoners classified in level V or
administrative segregation.
Sec. 923. (1) The department shall cooperate with the
department of education to evaluate the feasibility of local school
districts providing education programming to targeted prisoners
under the age of 20 who have not received a high school diploma. By
June 1, 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 any plans or
evaluations developed under this section.
(2) The department shall make efforts to encourage retired
school teachers to provide education services in correctional
facilities through volunteerism.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, developmental disorders,
serious mental illness, and other mental health disorders.
Prisoners with serious mental illness shall not be confined in
administrative segregation due to serious mental illness. Under the
supervision of a mental health professional, a prisoner with
serious mental illness may be secluded in a therapeutic environment
for the safety of the prisoner or others. A prisoner in therapeutic
seclusion shall be evaluated by a mental health professional at a
frequency provided for in the mental health code, 1974 PA 258, MCL
330.1001 to 330.2106, to remain in therapeutic seclusion.
Sec. 925. By March 1, 2012, 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 annual number of prisoners in administrative segregation
between October 1, 2003 and September 30, 2011, and the annual
number of prisoners in administrative segregation between October
1, 2003 and September 30, 2011 who at any time during the current
or prior prison term were diagnosed with serious mental illness or
have a developmental disorder and the number of days each of the
prisoners with serious mental illness or a developmental disorder
have been confined to administrative segregation.
Sec. 927. The department of corrections and the department of
human services shall enter into an intergovernmental agreement to
place offenders less than 19 years of age who are committed to the
department of corrections in underutilized units of the
Maxey/Woodland center correctional facility. The facilities shall
be used to house offenders less than 19 years of age who are
currently committed to the department of corrections.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 19 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 19 years of age. By April 1, 2012, 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 training curriculum used and
the number and types of staff receiving training under such
curriculum since October 2009.
(b) Provide appropriate placement for prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder and need to be housed
separately from the general population. Prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder shall not be placed in
administrative segregation due to serious mental illness or serious
emotional disturbance. Under the supervision of a mental health
professional, a prisoner less than 19 years of age with serious
mental illness or serious emotional disturbance may be secluded in
a therapeutic environment for the safety of the prisoner or others.
A prisoner in therapeutic seclusion shall be evaluated every 12
hours by a mental health professional in order to remain in
therapeutic seclusion.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 19 years old for supervised re-
entry.
Sec. 930. The department shall not have a shooting range
located on property east of 3760 Foco Road, Standish, Michigan.
Sec. 932. From the funds appropriated in part 1 for
psychiatric services, $100,000.00 is appropriated to permit the
department to contract with a board-certified child and adolescent
psychiatrist to provide psychiatric services to individuals who are
less than 19 years of age and are incarcerated in a department
facility.
Sec. 933. From the funds appropriated in part 1, $50,000.00
shall be utilized to create 2 pilot programs for a secure, scalable
inmate learning management tool that enables inmates to improve job
skill training and work toward achieving their GED, with the goal
of reducing recidivism in concert with the council of state
governments report. The pilots shall be designed to manage, track,
and quantify all of the training, continuing education,
development, and certification among other learning opportunities.
The program shall include a wide variety of course work, including
job search preparation and specialized programs to help inmates
identify their current skills in relation to the job market. The
pilots are to be housed on a single secure server, which cannot
access the Internet, and are to be for use in 1 state prison and 1
county jail.
Sec. 935. The department shall contract with third-party
providers to complete an assessment of energy utilization at each
state correctional facility. In particular, the department shall
endeavor to identify and implement energy-saving initiatives in the
various correctional facilities. By April 1, the department shall
provide the members of the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the state budget director, and the legislative corrections
ombudsman with a report on these efforts.
Sec. 936. By January 1, the department shall release a request
for proposal seeking competitive bids for the privatization of the
special alternative incarceration facility.
Sec. 937. For the purpose of procuring drug testing services
at correctional facilities, the department shall enter into a
contract with a Michigan-based company that provides laboratory
oral fluid drug testing.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2012 consensus revenue estimating
conference. The January 2012 consensus revenue estimating
conference shall include estimates for fiscal year 2011-2012,
fiscal year 2012-2013, and fiscal year 2013-2014 for the following:
(a) State revenue.
(b) Prison population and correction expenditures.
(c) Annual percentage growth in the school aid basic
foundation allowance.
(d) Medicaid expenditures.
(e) Human service caseloads and expenditures.