SB-0951, As Passed Senate, April 24, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 951

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of

 

corrections for the fiscal year ending September 30, 2013; and to

 

provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

FOR FISCAL YEAR 2012-2013

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of corrections for the fiscal year ending September 30, 2013, from

 

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

 

appropriations in this part:

 

DEPARTMENT OF CORRECTIONS

 


APPROPRIATION SUMMARY

 

   Average Michigan population.................... 43,105

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions....... 14,304.2

 

GROSS APPROPRIATION.................................... $  1,991,921,200

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           992,100

 

ADJUSTED GROSS APPROPRIATION........................... $  1,990,929,100

 

   Federal revenues:

 

Total federal revenues.................................         8,784,400

 

   Special revenue funds:

 

Total local revenues...................................           264,300

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        72,271,500

 

State general fund/general purpose..................... $  1,909,608,900

 

    State general fund/general purpose schedule:

 

   Ongoing state general fund/general

 

    purpose................................ 1,895,605,600

 

   One-time state general fund/general

 

    purpose................................... 14,003,300

 

   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................         5,978,000

 

Neal, et al. settlement agreement......................        20,000,000

 


GROSS APPROPRIATION.................................... $     27,345,600

 

    Appropriated from:

 

State general fund/general purpose..................... $     27,345,600

 

   Sec. 103. PLANNING AND COMMUNITY SUPPORT

 

   Full-time equated classified positions........... 11.0

 

MPRI residential stability............................. $      7,052,500

 

MPRI employment readiness..............................         7,065,900

 

MPRI social support....................................         4,727,700

 

MPRI health and behavioral health......................         3,265,700

 

MPRI operations support................................         3,742,900

 

MPRI reintegration, training, and employment...........           583,500

 

MPRI other projects....................................        23,561,900

 

MPRI federal grants....................................         1,035,000

 

Substance abuse testing and treatment services--11.0

 

   FTE positions........................................        24,515,900

 

Residential services...................................        16,075,500

 

Community corrections comprehensive plans and services.        13,958,000

 

Public safety initiative...............................         4,500,000

 

Regional jail program..................................               100

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         1,440,100

 

County jail reimbursement program......................        17,072,100

 

GROSS APPROPRIATION.................................... $    128,596,800

 

    Appropriated from:

 

   Federal revenues:

 

DOJ-OJP, RSAT..........................................           574,200

 

DOJ, prisoner reintegration............................         1,035,000

 


   Special revenue funds:

 

Civil infraction fees..................................         5,900,000

 

State general fund/general purpose..................... $    121,087,600

 

   Sec. 104. OPERATIONS SUPPORT ADMINISTRATION

 

   Full-time equated classified positions.......... 138.9

 

Operations support administration--41.0 FTE positions.. $      4,307,500

 

New custody staff training.............................         9,672,300

 

Compensatory buyout and union leave bank...............               100

 

Worker's compensation..................................        18,566,200

 

Bureau of fiscal management--86.9 FTE positions........         9,000,600

 

Office of legal services--3.0 FTE positions............         2,392,900

 

Internal affairs--8.0 FTE positions....................         1,105,500

 

Rent...................................................         2,095,200

 

Equipment and special maintenance......................         6,725,500

 

Administrative hearings officers.......................         3,013,600

 

Judicial data warehouse user fees......................            50,000

 

Sheriffs' coordinating and training office.............           500,000

 

Prosecutorial and detainer expenses....................         4,551,000

 

GROSS APPROPRIATION.................................... $     61,980,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDSP, Michigan justice training fund...............           328,200

 

   Special revenue funds:

 

Local corrections officer training fund................           500,000

 

Special equipment fund.................................         5,800,000

 

Correctional industries revolving fund.................           572,100

 

State general fund/general purpose..................... $     54,780,100

 


   Sec. 105. FIELD OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions........ 2,042.9

 

Field operations--1,897.9 FTE positions................ $    191,153,800

 

Parole board operations--41.0 FTE positions............         4,762,500

 

Parole/probation services..............................         2,243,500

 

Community re-entry centers--48.0 FTE positions.........        13,420,200

 

Electronic monitoring center--56.0 FTE positions.......        16,059,500

 

GROSS APPROPRIATION.................................... $    227,639,500

 

    Appropriated from:

 

   Special revenue funds:

 

Local - community tether program reimbursement.........           263,000

 

Re-entry center offender reimbursements................            23,400

 

Parole and probation oversight fees....................         5,995,600

 

Parole and probation oversight fees set-aside..........         2,657,000

 

Tether program, participant contributions..............         2,200,700

 

State general fund/general purpose..................... $    216,499,800

 

   Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION

 

   Full-time equated classified positions........ 1,151.1

 

Correctional facilities administration--28.0 FTE

 

   positions............................................ $      8,070,900

 

Prison food service--384.0 FTE positions...............        57,734,600

 

Transportation--211.6 FTE positions....................        19,324,400

 

Central records--53.5 FTE positions....................         4,247,800

 

Inmate legal services..................................           715,900

 

Loans to parolees......................................           179,400

 

Housing inmates in federal institutions................           993,800

 

Prison store operations--75.0 FTE positions............         5,436,500

 


Prison industries operations--155.0 FTE positions......        17,647,900

 

Federal school lunch program...........................           812,800

 

Leased beds and alternatives to leased beds............        10,000,100

 

Public works programs..................................        10,000,000

 

Inmate housing fund....................................               100

 

Education program--244.0 FTE positions.................        32,217,500

 

GROSS APPROPRIATION.................................... $    167,381,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, forensic center food service.................           660,000

 

   Federal revenues:

 

Federal revenues and reimbursements....................           152,300

 

DAG-FNS, national school lunch.........................           812,800

 

DED-OESE, title I......................................           538,000

 

DED-OSERS..............................................           111,100

 

DED-OVAE, adult education..............................           919,000

 

DED, vocational education equipment....................           286,800

 

DED, youthful offender/Specter grant...................         1,329,600

 

DOJ-BOP, federal prisoner reimbursement................           411,000

 

DOJ-OJP, serious and violent offender reintegration

 

   initiative...........................................            10,600

 

DOJ, prison rape elimination act grant.................           646,000

 

SSA-SSI, incentive payment.............................           262,400

 

   Special revenue funds:

 

Correctional industries revolving fund.................        17,647,900

 

Public works user fees.................................        10,000,000

 

Resident stores........................................         5,436,500

 


State general fund/general purpose..................... $    128,157,700

 

   Sec. 107. HEALTH CARE

 

   Full-time equated classified positions........ 1,665.0

 

Health care administration--12.0 FTE positions......... $      3,475,700

 

Prisoner health care services..........................        91,851,700

 

Vaccination program....................................           691,200

 

Interdepartmental grant to human services,

 

   eligibility specialists..............................           100,000

 

Mental health services and support--546.0 FTE

 

   positions............................................        58,414,600

 

Northern region clinical complexes--366.6 FTE

 

   positions............................................        45,996,000

 

Southern region clinical complexes--740.4 FTE

 

   positions............................................       118,143,000

 

GROSS APPROPRIATION.................................... $    318,672,200

 

    Appropriated from:

 

   Special revenue funds:

 

Prisoner health care copayments........................           278,700

 

State general fund/general purpose..................... $    318,393,500

 

   Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES

 

   Average population............................. 18,983

 

   Full-time equated classified positions........ 3,977.1

 

Alger correctional facility -

 

   Munising--248.8 FTE positions........................ $     26,985,000

 

   Average population.............................. 889.0

 

Baraga correctional facility - Baraga--306.9

 

   FTE positions........................................        32,043,700

 


   Average population.............................. 884.0

 

Earnest C. Brooks correctional facility -

 

   Muskegon--407.8 FTE positions........................        44,088,200

 

   Average population............................ 2,440.0

 

Chippewa correctional facility - Kincheloe--423.2

 

   FTE positions........................................        45,086,900

 

   Average population............................ 2,282.0

 

Kinross correctional facility - Kincheloe--313.8 FTE

 

   positions............................................        34,023,000

 

   Average population............................ 1,799.0

 

Marquette branch prison - Marquette--322.0 FTE

 

   positions............................................        37,620,000

 

   Average population............................ 1,201.0

 

Newberry correctional facility - Newberry--247.7 FTE

 

   positions............................................        26,050,100

 

   Average population.............................. 978.0

 

Oaks correctional facility - Eastlake--294.8 FTE

 

   positions............................................        35,530,600

 

   Average population............................ 1,156.0

 

Ojibway correctional facility - Marenisco--190.7 FTE

 

   positions............................................        19,745,800

 

   Average population............................ 1,090.0

 

Central Michigan correctional facility - St. Louis--381.7

 

   FTE positions........................................        39,094,000

 

   Average population............................ 2,400.0

 

Pugsley correctional facility - Kingsley--200.8 FTE

 

   positions............................................        20,316,200

 


   Average population............................ 1,158.0

 

Saginaw correctional facility - Freeland--288.6 FTE

 

   positions............................................        31,038,300

 

   Average population............................ 1,480.0

 

St. Louis correctional facility - St. Louis--295.3

 

   FTE positions........................................        32,556,200

 

   Average population............................ 1,226.0

 

Northern region administration and support--55.0 FTE

 

   positions............................................         4,373,100

 

GROSS APPROPRIATION.................................... $    428,551,100

 

    Appropriated from:

 

State general fund/general purpose..................... $    428,551,100

 

   Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES

 

   Average population........................... 24,122.0

 

   Full-time equated classified positions........ 5,276.2

 

Bellamy Creek correctional facility - Ionia--365.2

 

   FTE positions........................................ $     39,690,100

 

   Average population............................ 1,850.0

 

Carson City correctional facility - Carson

 

   City--411.9 FTE positions............................        44,883,100

 

   Average population............................ 2,440.0

 

Cooper Street correctional facility - Jackson--235.7

 

   FTE positions........................................        26,840,300

 

   Average population............................ 1,799.0

 

G. Robert Cotton correctional facility -

 

   Jackson--371.3 FTE positions.........................        38,713,500

 

   Average population............................ 1,841.0

 


Charles E. Egeler correctional facility -

 

   Jackson--329.3 FTE positions.........................        39,008,800

 

   Average population............................ 1,376.0

 

Richard A. Handlon correctional facility -

 

   Ionia--206.2 FTE positions...........................        22,580,600

 

   Average population............................ 1,373.0

 

Gus Harrison correctional facility - Adrian--390.5

 

   FTE positions........................................        43,295,800

 

   Average population............................ 2,342.0

 

Huron Valley correctional complex - Ypsilanti--529.5

 

   FTE positions........................................        59,701,900

 

   Average population............................ 1,872.0

 

Ionia correctional facility - Ionia--279.3

 

   FTE positions........................................        30,791,300

 

   Average population.............................. 654.0

 

Lakeland correctional facility - Coldwater--245.6

 

   FTE positions........................................        24,061,200

 

   Average population............................ 1,336.0

 

Macomb correctional facility - New Haven--271.1 FTE

 

   positions............................................        29,517,400

 

   Average population............................ 1,228.0

 

Maxey/Woodland Center correctional facility -

 

   Whitmore Lake--264.2 FTE positions...................        24,443,200

 

   Average population.............................. 328.0

 

Michigan reformatory - Ionia--309.1 FTE positions......        34,881,700

 

   Average population............................ 1,338.0

 

Parnall correctional facility - Jackson--252.2 FTE

 


   positions............................................        27,544,300

 

   Average population............................ 1,678.0

 

Ryan correctional facility - Detroit--288.8 FTE

 

   positions............................................        30,853,800

 

   Average population............................ 1,048.0

 

Thumb correctional facility - Lapeer--268.3 FTE

 

   positions............................................        29,864,300

 

   Average population............................ 1,219.0

 

Special alternative incarceration program - Cassidy

 

   Lake--120.0 FTE positions............................        12,274,500

 

   Average population.............................. 400.0

 

Southern region administration and support--138.0

 

   FTE positions........................................        20,167,100

 

GROSS APPROPRIATION.................................... $    579,112,900

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, state criminal alien assistance program...........         1,612,200

 

   Special revenue funds:

 

Public works user fees.................................           283,900

 

State general fund/general purpose..................... $    577,216,800

 

   Sec. 110. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,403,600

 

GROSS APPROPRIATION.................................... $     24,403,600

 

    Appropriated from:

 

   Special revenue funds:

 

Correctional industries revolving fund.................           168,600

 

Parole and probation oversight fees set-aside..........           661,600

 


State general fund/general purpose..................... $     23,573,400

 

   Sec. 111. CAPITAL OUTLAY

 

Multiple facilities - personal protection device

 

   system............................................... $     11,362,000

 

Michigan reformatory - install security camera

 

   in cell blocks I and J...............................         2,520,000

 

GROSS APPROPRIATION.................................... $     13,882,000

 

    Appropriated from:

 

Special equipment fund.................................        13,882,000

 

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

 

   Sec. 112. ONE-TIME BASIS ONLY APPROPRIATIONS

 

State employee lump-sum payments....................... $     13,225,900

 

Information technology services and projects...........         1,129,500

 

GROSS APPROPRIATION.................................... $     14,355,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grant revenues.................             3,900

 

   Federal revenues:

 

Total federal revenues.................................            83,400

 

   Special revenue funds:

 

Total local revenues...................................             1,300

 

Total other state restricted revenues..................           263,500

 

State general fund/general purpose..................... $     14,003,300

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2012-2013


 

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 2012-2013 is $1,981,880,400.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2012-2013 is $92,393,500.00. 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.............        16,075,500

 

Community corrections public education and training....            50,000

 

Felony drunk driver jail reduction and

 

   community treatment program..........................         1,440,100

 

Community re-entry centers.............................         2,019,600

 

Regional jail program..................................               100

 

Public safety initiative...............................         4,500,000

 

TOTAL.................................................. $     92,393,500

 

     Sec. 202. The appropriations authorized under this article are

 

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

 

to 18.1594.

 

     Sec. 203. As used in this article:

 


     (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 2011-2012:

 

     (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, 2012.

 

     Sec. 206. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 


     Sec. 207. (1) 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.

 

     (2) 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. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

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

 

competitively priced and of comparable quality American goods or

 

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

 

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

 

businesses, if they are competitively priced and of comparable

 

quality. In addition, preference should 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. 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, union steward activities, and public works programs and

 

services provided to local units of government. 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. 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.

 

     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 2010-2011, the amount by which the revenue exceeded any

 

applicable appropriated fund source, the amount spent during fiscal

 

year 2010-2011, the account balance at the close of fiscal year

 

2010-2011, and the projected revenues and expenditures for fiscal

 

year 2011-2012.

 

     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 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,

 

2013 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) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the senate and house of representatives standing committees on

 

appropriations.

 

     Sec. 219. Any contract for prisoner telephone services entered

 

into after the effective date of this article 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. 220. Not later than November 15, the department shall

 

prepare and transmit a report that provides for estimates of the

 

total general fund/general purpose appropriation lapses at the

 

close of the fiscal year. This report shall summarize the projected

 

year-end general fund/general purpose appropriation lapses by major

 

departmental program or program areas. The report shall be

 

transmitted to the office of the state budget, the chairpersons of

 

the senate and house of representatives standing committees on

 

appropriations, and the senate and house fiscal agencies.

 

     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 article 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 article 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

 

article 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

 

article 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. 229. Within 14 days after the release of the executive

 


budget recommendation, the department shall provide the state

 

budget director, the senate and house appropriations chairs, the

 

senate and house appropriations subcommittees on corrections,

 

respectively, and the senate and house fiscal agencies with an

 

annual report on estimated state restricted fund balances, state

 

restricted fund projected revenues, and state restricted fund

 

expenditures for the fiscal years ending September 30, 2011 and

 

September 30, 2012.

 

     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. The department shall observe all requirements set

 

forth in statute and administrative rules related to procurement

 

requests and shall ensure that proper communication is maintained

 

with the department of technology, management, and budget regarding

 

the use of delegated purchasing authority granted by the department

 

of technology, management, and budget. The department shall not

 

pursue the procurement of any good or service on its own that falls

 

outside its delegated authority from the department of technology,

 

management, and budget. If any requests for proposal or requests

 

for qualifications are delayed due to the department's improper use

 

of purchasing authority under statute and administrative rules, the

 

department shall report on the improper use to the house and senate

 


appropriations subcommittees on corrections within 15 days after

 

determining that the improper use occurred. The report shall review

 

the purpose of the relevant procurement effort, explain why the

 

improper use of delegated authority occurred, and outline steps

 

being taken to ensure that improper use of delegated authority does

 

not occur again in the future.

 

     Sec. 238. It is the intent of the legislature that the

 

department make additional efforts to sell, rent, or otherwise

 

repurpose closed correctional facilities.

 

     Sec. 239. It is the intent of the legislature that the

 

department establish and maintain a management-to-staff ratio of

 

not more than 1 supervisor for each 5 employees at the department's

 

central office in Lansing and at both the northern and southern

 

region administration offices.

 

     Sec. 240. On or before March 1, 2013, the department shall

 

solicit and evaluate proposals for services related to the audit of

 

vendor and contract payments and the recovery of improper payments.

 

The period covered by the proposed audit shall be not less than 3

 

prior fiscal years. On or before September 1, 2013, the department

 

shall provide to the house and senate committees on appropriations

 

and the house and senate fiscal agencies a complete report on the

 

results of the proposal solicitation and findings and amounts

 

recovered from subsequent recovery audits.

 

 

 

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. 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. If a suggested

 

initiative is implemented and is estimated to save at least

 

$10,000.00, the suggesting employee shall be awarded a 1-time

 

$1,000.00 bonus payment. 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, an explanation of any disagreements with

 

suggestions, and whether a bonus payment was awarded for that

 

suggestion.

 

     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. (1) 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.

 


     (2) 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 planned expenditures for each project

 

funded and for each project to be funded, itemized by service to be

 

provided and service provider. The department shall provide an

 

amended report quarterly, if any revisions to allocations or

 

planned expenditures occurred during that quarter.

 

     (3) 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.

 

     (4) 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. 407. (1) By June 30, the department shall place the 2012

 

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. Any time spent in a county jail or otherwise

 

incarcerated shall be included in the recidivism rates.

 

     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) 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

 

subdivision (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.

 

     (3) State reimbursement under this subsection 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.

 

     (4) As used in this subsection:

 

     (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.

 

     (5) 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, 2012, the department

 

shall distribute the documentation requirements to all counties.

 

     Sec. 415. (1) The department shall create a database for use

 

by the department and MPRI service providers. The database shall be

 

available to both the department and the service provider in real

 

time. The department, in consultation with the service providers,

 

shall issue a policy defining each field in the database so that

 

there will be common usage of all terms and fields.

 

     (2) The department, in consultation with the service

 

providers, shall publish financial guidelines for administration of

 

this program.

 

     Sec. 416. Allowable uses of the felony drunk driver jail

 


reduction and community treatment program 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.

 

     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. 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. 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,

 

2013, April 1, 2013, July 1, 2013, and September 30, 2013 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.

 

 

 

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. 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. 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.

 

 

 

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 complete 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. 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. 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 article 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. 615. After the parole 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 board shall provide the legislature with a detailed

 

explanation of why an inmate who scores "high probability of

 

release" is not being paroled. A report containing this explanation

 

shall be submitted to the house and senate appropriations

 

subcommittees on corrections, the house and senate fiscal agencies,

 

and the state budget director by January 1.

 

 

 

HEALTH CARE

 

     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. 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. 806. 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.

 

     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. 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, 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 parolees and offenders discharged on the

 

maximum sentence who are HIV or hepatitis C positive by paroling

 

office as reported to the state department of community health for

 

referral to the local public health department.

 

     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. 814. The department shall assure that psychotropic

 

medications are available, when deemed medically necessary by that

 

prisoner's physician, to prisoners who have mental illness

 

diagnoses but are not enrolled in the corrections mental health

 

program.

 

     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. 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. 905. (1) Savings in the inmate housing fund shall be

 

achieved through competitive bidding of facility operations or

 

other measures to reduce the custody, treatment, clinical, and

 

administrative costs associated with the housing of prisoners.

 

Savings shall be distributed as necessary into separate accounts

 


created to separately identify savings through specific cost

 

savings measures.

 

     (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. 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 program to produce

 

high-quality materials for use by the visually impaired.

 

     Sec. 911. 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 2011.

 


     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. 921. (1) By March 1, 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, 2012 as a result of closing correctional facilities and

 

correctional camps between January 1, 2009 and January 1, 2013,

 

itemized by correctional facility or correctional camp.

 

     (b) The projected fiscal year 2012-2013 savings by closing

 

correctional facilities and correctional camps between January 1,

 

2009 and January 1, 2013, 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, 2013.

 

     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. 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 at least every 12 hours by a mental health professional

 

in order to remain in therapeutic seclusion.

 

     Sec. 925. By March 1, 2013, 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, 2012, and the annual

 

number of prisoners in administrative segregation between October

 

1, 2003 and September 30, 2012 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. 928. Funding appropriated in part 1 for consent decree

 

line items is appropriated into separate control accounts created

 


for each line item. Funding in each control account shall be

 

distributed as necessary into separate accounts created for the

 

purpose of separately identifying costs and expenditures associated

 

with each consent decree. The department shall report by February

 

1, 2013 to the house and senate appropriations subcommittees on

 

corrections, the house and senate fiscal agencies, and the state

 

budget director on distributions to each separate control account

 

and the expenditures charged against each control account during

 

the previous fiscal year.

 

     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. 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. 936. 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. 939. (1) By January 1, the department shall release a

 

request for proposal seeking competitive bids for the special

 

alternative incarceration facility, the prison stores, the food

 

service operations, and 1,750 custody beds.

 

     (2) The department, working with the department of technology,

 

management, and budget, shall issue a quarterly report detailing

 

the current status of any requests for proposal required under this

 


section. If the status of any item listed in the report remains

 

unchanged for more than 2 consecutive reporting periods, the report

 

shall provide an explanation of the delay.

 

     Sec. 940. 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.

 

     Sec. 941. The department shall ensure that any contract with a

 

public or private party to operate the special alternative

 

incarceration facility at camp Cassidy Lake includes a provision to

 

require that public works program services continue to be provided

 

to the St. Louis Center in Chelsea at rates consistent with the

 

rate structure in place as of May 1, 2011.

 

     Sec. 942. The department shall ensure that any contract with a

 

public or private party to operate a facility to house state

 

prisoners includes a provision to allow access by both the office

 

of the legislative auditor general and the office of the

 

legislative corrections ombudsman to the facility and to

 

appropriate records and documents related to the operation of the

 

facility. These access rights for both offices shall be the same

 

for the contracted facility as for a general state-operated

 

correctional facility.

 

 

 

MISCELLANEOUS

 

     Sec. 1001. Revenues appropriated and collected for special

 

equipment funds shall be considered state restricted revenue and

 

shall be used for special equipment and security projects which

 


include, but are not limited to, replacement of personal protection

 

systems, acquisition of contraband detection systems, security and

 

upkeep or demolition to prevent vandalism at nonoperational MDOC

 

facilities, and critical operational facility repairs to protect

 

the safety of the public, staff, and prisoners. Unexpended funds

 

remaining at the close of the fiscal year shall not lapse to the

 

general fund, but shall be carried forward and be available for

 

appropriation in subsequent fiscal years.

 

     Sec. 1003. (1) The director shall allocate lump-sum

 

appropriations made in this article consistent with statutory

 

provisions and the purposes for which funds were appropriated.

 

Lump-sum allocations shall address priority program or facility

 

needs and may include, but are not limited to, design,

 

construction, remodeling and addition, special maintenance, major

 

special maintenance, energy conservation, and demolition.

 

     (2) The state budget director may authorize that funds

 

appropriated for lump-sum appropriations shall be available for no

 

more than 3 fiscal years following the fiscal year in which the

 

original appropriation was made. Any remaining balance from

 

allocations made in this section shall lapse to the fund from which

 

it was appropriated pursuant to the lapsing of funds as provided in

 

the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

     Sec. 1005. The appropriations in part 1 for capital outlay

 

shall be carried forward at the end of the fiscal year consistent

 

with the provisions of section 248 of the management

 

and budget act, 1984 PA 431, MCL 18.1248.

 

     Sec. 1007. For the state fiscal year ending September 30,

 


2013, there is appropriated, on a 1-time basis only, $14,003,300.00

 

from general fund/general purpose revenue and related federal and

 

state restricted revenue for the following purposes:

 

Information technology services and projects........... $      1,129,500

 

State employee lump-sum payments.......................        13,225,900

 

GROSS APPROPRIATION.................................... $     14,355,400

 

    Appropriated from:

 

Interdepartmental grant revenues.......................             3,900

 

Federal revenues.......................................            83,400

 

Local revenues.........................................             1,300

 

State restricted revenues..............................           263,500

 

State general fund/general purpose..................... $     14,003,300

 

     Sec. 1009. The department shall create an information packet

 

for the families of incoming prisoners. This packet shall be made

 

available on the department website by February 1, 2013 and shall

 

be updated by February 1 of each year thereafter. The packet shall

 

provide information on topics including, but not limited to: how to

 

put money into prisoner accounts, how to make phone calls or create

 

Jpay email accounts, how to visit in person, proper procedures for

 

filing complaints or grievances, the rights of prisoners to

 

physical and mental health care, how to utilize the offender

 

tracking information system (OTIS), truth-in-sentencing and how it

 

applies to minimum sentences, the parole process, and guidance on

 

the importance of the role of families in the reentry process. The

 

department is encouraged to partner with external advocacy groups

 

and actual families of prisoners in the packet-writing process to

 

ensure that the information is useful and complete.

 


     Sec. 1011. The department shall accept in-kind services and

 

equipment donations to facilitate the addition of a cable network

 

that provides programming that will address the religious needs of

 

incarcerated individuals. This network shall be a cable television

 

network that presently reaches the majority of households in the

 

United States. A bilingual channel affiliated with this network may

 

also be added to department programming to assist the religious

 

needs of Spanish-speaking inmates. The addition of these channels

 

shall be of no additional cost to this state.

 

     Sec. 1013. Of the special equipment fund restricted funds

 

designated for security, upkeep and demolition in part 1, up to

 

$500,000.00 shall be utilized to demolish the now-closed Camp

 

Brighton in Hamburg Township.

 

     Sec. 1015. In order to maintain the safety of the public and

 

corrections officers, the reductions to individual facility

 

operations that go beyond the governor's fiscal year 2012-2013

 

recommendation shall not be achieved through the elimination of

 

custody staff, but shall instead be achieved through the

 

elimination of noncustody staff as follows:

 

     (a) The reductions of $1,268,435.00 in part 1 for Alger

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 

2 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Deputy Prison Warden - 3

 

1 FTE - Library Assistant - E

 


     (b) The reductions of $1,564,016.00 in part 1 for Baraga

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

9 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

3 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

     (c) The reductions of $3,517,131.00 in part 1 for Earnest C.

 

Brooks correctional facility shall be generated through the

 

elimination of the following positions:

 

19 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

2 FTEs - Librarian

 

1 FTE - Library Technician

 

8 FTEs - Secretary

 

2 FTEs - State Deputy Warden

 

1 FTE - Word Processing Assistant - E

 

     (d) The reductions of $3,077,284.00 in part 1 for Chippewa

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

17 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Library Technician

 

8 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Library Assistant - E

 


1 FTE - Librarian Manager - 1

 

     (e) The reductions of $2,152,531.00 in part 1 for Kinross

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

13 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Word Processing Assistant - E

 

     (f) The reductions of $1,646,367.00 in part 1 for Marquette

 

Branch prison shall be generated through the elimination of the

 

following positions:

 

9 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

     (g) The reductions of $1,195,972.00 in part 1 for Newberry

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

5 FTEs - Assistant Resident Supervisor I

 

1 FTE - Library Technician

 

3 FTEs - Secretary

 

1 FTE - Librarian Manager - 1

 

2 FTEs - Groundskeeper

 

     (h) The reductions of $1,136,610.00 in part 1 for Oaks

 

correctional facility shall be generated through the elimination of

 

the following positions:

 


7 FTEs - Assistant Resident Supervisor I

 

2 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Library Assistant - E

 

     (i) The reductions of $1,299,386.00 in part 1 for Ojibway

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

4 FTEs - Secretary

 

     (j) The reductions of $2,492,263.00 in part 1 for Central

 

Michigan correctional facility shall be generated through the

 

elimination of the following positions:

 

15 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

     (k) The reductions of $1,224,317.00 in part 1 for Pugsley

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

8 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

3 FTEs - Secretary

 

     (l) The reductions of $1,849,995.00 in part 1 for Saginaw

 


correctional facility shall be generated through the elimination of

 

the following positions:

 

11 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

4 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Library Assistant - E

 

     (m) The reductions of $2,260,583.00 in part 1 for St. Louis

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

12 FTEs - Assistant Resident Supervisor I

 

2 FTEs - Librarian

 

1 FTE - Recreational Therapist - E

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

1 FTE - Library Assistant - E

 

     (n) The reductions of $2,552,408.00 in part 1 for Bellamy

 

Creek correctional facility shall be generated through the

 

elimination of the following positions:

 

14 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

2 FTEs - Word Processing Assistant - E

 

     (o) The reductions of $3,027,843.00 in part 1 for Carson City

 


correctional facility shall be generated through the elimination of

 

the following positions:

 

16 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

2 FTEs - Library Technician

 

6 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

3 FTEs - Word Processing Assistant - E

 

     (p) The reductions of $2,147,274.00 in part 1 for Cooper

 

Street correctional facility shall be generated through the

 

elimination of the following positions:

 

11 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

4 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

2 FTEs - Word Processing Assistant - E

 

     (q) The reductions of $2,373,794.00 in part 1 for G.R. Cotton

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

13 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

2 FTEs - Library Technician

 

3 FTEs - Secretary

 


1 FTE - State Deputy Warden

 

1 FTE - Word Processing Assistant - E

 

1 FTE - Secretary Supervisor - 1

 

     (r) The reductions of $2,481,308.00 in part 1 for Charles

 

Egeler Reception Center shall be generated through the elimination

 

of the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

7 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

7 FTEs - Word Processing Assistant - E

 

1 FTE - Library Assistant - E

 

1 FTE - Secretary Supervisor - 1

 

     (s) The reductions of $1,944,912.00 in part 1 for R.A. Handlon

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

9 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

8 FTEs - Secretary

 

1 FTE - Word Processing Assistant - E

 

     (t) The reductions of $3,853,492.00 in part 1 for Gus Harrison

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

16 FTEs - Assistant Resident Supervisor I

 

2 FTEs - Corrections Security Inspector

 


2 FTEs - Librarian

 

2 FTEs - Library Technician

 

1 FTE - Music Therapist - E

 

4 FTEs - Recreational Therapist - E

 

7 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

3 FTEs - Word Processing Assistant - E

 

     (u) The reductions of $2,823,529.00 in part 1 for Huron Valley

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

15 FTEs - Assistant Resident Supervisor I

 

1 FTE - Corrections Security Inspector

 

1 FTE - Librarian

 

7 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

3 FTEs - Word Processing Assistant - E

 

     (v) The reductions of $1,434,771.00 in part 1 for Ionia

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

5 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

     (w) The reductions of $1,345,848.00 in part 1 for Lakeland

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 


1 FTE - Library Technician

 

3 FTEs - Secretary

 

3 FTEs - Word Processing Assistant - E

 

     (x) The reductions of $2,596,747.00 in part 1 for Macomb

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

13 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Music Therapist - E

 

4 FTEs - Recreational Therapist - E

 

5 FTEs - Secretary

 

1 FTE - Word Processing Assistant - E

 

1 FTE - Library Assistant - E

 

     (y) The reductions of $775,359.00 in part 1 for Maxey/Woodland

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

2 FTEs - Assistant Resident Supervisor I

 

1 FTE - Music Therapist - E

 

2 FTEs - Recreational Therapist - E

 

3 FTEs - Secretary

 

     (z) The reductions of $1,431,244.00 in part 1 for Michigan

 

reformatory shall be generated through the elimination of the

 

following positions:

 

8 FTEs - Assistant Resident Supervisor I

 

1 FTE - Library Technician

 

4 FTEs - Secretary

 

1 FTE - State Deputy Warden

 


     (aa) The reductions of $1,612,013.00 in part 1 for Parnall

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

10 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

3 FTEs - Secretary

 

1 FTE - Word Processing Assistant - E

 

     (bb) The reductions $1,377,590.00 in part 1 for Ryan

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

7 FTEs - Assistant Resident Supervisor I

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

3 FTEs -Secretary

 

2 FTEs - Word Processing Assistant - E

 

     (cc) The reductions of $1,787,793.00 in part 1 for Thumb

 

correctional facility shall be generated through the elimination of

 

the following positions:

 

10 FTEs - Assistant Resident Supervisor I

 

1 FTE -Corrections Security Inspector

 

1 FTE - Librarian

 

1 FTE - Library Technician

 

3 FTEs - Secretary

 

1 FTE - State Deputy Warden

 

     (dd) The reductions of $516,444.00 in part 1 for southern

 

region support and services shall be generated through the

 


elimination of the following positions:

 

4 FTEs - Secretary

 

2 FTEs - Groundskeeper

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2013-2014

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2014 for

 

the line items listed in part 1. The fiscal year 2013-2014

 

appropriations are anticipated to be the same as those for fiscal

 

year 2012-2013, 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 2013 consensus revenue estimating

 

conference.