FY 2021-22 CORRECTIONS BUDGET S.B. 80 (S-2): SENATE APPROPRIATIONS REC.
Senate Bill 80 (S-2 as reported) Throughout this document Senate means Appropriations Committee.
*As of February 8, 2021.
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Gross |
GF/GP |
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FY 2020-21 Year-to-Date Appropriation............................................... |
$2,060,788,400 |
$1,809,258,400 |
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1. Removal of FY 2020-21 One-Time Funding. The Governor removed a total of $15.0 million of one-time funding for payments related to John Doe v. MDOC 2020 settlement agreement related to the incarceration of juveniles. The Senate concurred with Governor. |
(15,000,000) |
(15,000,000) |
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2. John Doe v. MDOC Settlement Agreement. The Governor included the final payment for the $80.0 million settlement reached in 2020 for the housing of underage individuals in adult facilities. Payments of $25.0 million were made in FY 2019-20, $15.0 million in FY 2020-21, and this final payment of $40.0 million. The Senate reduced Governor's request by $15.0 million. |
25,000,000 |
25,000,000 |
|
3. New Custody Staff Training. The Governor provided additional support for the training of an estimated 300 new correctional officers annually to alleviate higher-than-anticipated attrition. This additional funding would allow the Department to hire and train an estimated 800 officers annually. The Senate concurred with Governor. |
7,373,700 |
7,373,700 |
|
4. Employee Wellness Enhancements. The Governor provided new funding to support additional employee wellness resources and support services for Department employees. Ideas may be submitted by employees or by worksite. The Senate concurred with Governor. |
809,400 |
809,400 |
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5. Administrative Hearings and Rules Caseload Adjustment. The Governor included a $204,000 increase for the Office for ongoing support for an increased caseload in administrative hearings. The Senate did not include. |
0 |
0 |
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6. Fund Shift - Public Safety Payroll. The Governor included the reversal of GF/GP expenditures that helped the Department realize a savings in FY 2020-21 by including a one-time shift of $191.0 million GF/GP to the Federal Coronavirus Relief Fund to support payroll costs during the pandemic. The expiration/exhaustion of CRF funds requires the restoration of the GF/GP funds in FY 2021-22. This shift has a zero affect in the gross appropriation while increasing GF/GP expenditures by $190.2 million. The Senate concurred with Governor. |
0 |
190,164,500 |
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7. Chance for Life. The Senate added funding for an evidence based mentoring program that emphasizes job training, life skills, and family reintegration. |
275,000 |
275,000 |
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8. Goodwill Flip the Script. The Senate increased funding for this program for total funding of $1.5 million to provide job placement assistance for recently released prisoners. |
250,000 |
250,000 |
|
9. Kalamazoo County Post Release Care Pilot Program. The Senate added new funding for a pilot program to provide care management post-release which may include the development of a prerelease mental health discharge plan for parolees in Kalamazoo County. |
300,000 |
300,000 |
|
10. Transportation Costs. The Governor increased the spending authority from the Correctional Industries Revolving Fund to support increased transportation costs for goods made by Michigan State Industries sold to correctional facilities. Increased fund revenue from the sale of goods provides restricted funding for this increase. The Senate concurred with Governor. |
72,000 |
0 |
|
11. Administrative Reduction. The Senate included an administrative reduction of 300,000 for the Community Corrections Comprehensive Plans and Services line item. |
(300,000) |
(300,000) |
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12. Detroit Re-entry Center Savings. The Governor included the full-year savings to be realized in the fiscal year because of the closure of the Center in January 2021. The Senate concurred with Governor. |
(10,523,600) |
(10,523,600) |
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13. Economic Adjustments. Includes a negative $4,696,900 Gross and a negative $3,763,000 GF/GP for total economic adjustments, of which an estimated negative $37,736,100 Gross and a negative $33,402,600 GF/GP is for legacy retirement costs (pension and retiree health). |
(4,696,900) |
(3,763,000) |
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14. Unclassified Salaries. The Governor included an increase of $59,100 for unclassified salaries. The Senate did not include. |
(59,100) |
(59,100) |
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15. Comparison to Governor's Recommendation. The Senate is $14,738,100 Gross and $14,738,100 GF/GP over/under the Governor. |
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$3,500,500 |
$194,526,900 |
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FY 2021-22 Senate Appropriations Committee Recommendation........... |
$2,064,288,900 |
$2,003,785,300 |
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Boilerplate Changes from FY 2020-21 Year-to-Date: |
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1. Deletions. The Governor proposed to eliminate the following sections from current-year boilerplate: 206, 216, 221, 222, 225, 239, 248, 304, 309, 313(2), 314, 315, 316, 317, 318, 405, 409(3), 411, 417, 419(1), 423, 602, 605, 611, 612, 613, 802, 812, 901, 908, 913(2), 940, 942, 943, 944, 1011, and 1013. These deletions include a variety of reporting requirements, record retention requirements, and statements of legislative intent. Senate retained the following sections: 206, 216, 218, 221, 222, 239, 248, 304, 309, 314, 318, 405, 411, 611, 612, 802, 812, 908, 940, 942, 943, 944, 1011, and 1013. |
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2. Definitions. Fifteen definitions were eliminated from the bill. These included acronyms that are no longer referenced in the bill, as well as the definition "offender who would likely be sentenced to imprisonment." The Senate retained current law. |
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3. Using Internet to File Reports. The Governor expanded definition to include agencies in the definition. The Senate concurred. (Sec. 204) |
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4. Adding MCL Citations to Various Boilerplate Sections. The Governor added "To the extent possible under MCL XXX" to various boilerplate sections. The Senate concurred. |
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5. Communicating with Legislators. The Governor eliminated language stating that the Department cannot take disciplinary action against an employee or prisoner for communicating with a legislator or his or her staff. The Senate retained current law. (Sec. 206) |
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6. Contingency Funds. The current budget provided only Federal contingency funds up to $2.5 million. The Governor restored all contingency funds, including increasing the Federal limit to $10.0 million and providing up to $10.0 million for State Restricted Funds and up to $2.0 million each for local or private funds. The Senate deleted all contingency funds. (Sec. 210) |
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7. Updated Amounts for Total Legacy Costs. The Governor updated total legacy costs section. The pension-related costs for FY 2021-22 are $156,450,700 and the retiree health care costs are $122,799,000. The Senate concurred. (Sec. 214) |
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8. Staff Retention Strategies Report. The Governor eliminated the specific reporting requirements and, instead, stated that the report must be submitted by March 1 and must include the Department's staff retention strategies. The Senate retained current law but eliminated the board. (Sec. 302) |
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9. Staff Suggestions. The Senate added a new subsection (2) rewarding an employee whose suggestion is implemented by the Department that results in a savings with 1% of the savings capped at $2,000. (Sec. 304) |
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10. Employee Wellness. The Governor eliminated funding for the study and the reporting requirement. The language states only that the Department must maintain employee wellness programming, including programming focused on post-traumatic stress disorder outreach. The Senate added new subsection (1) stating that the department shall maintain employee wellness programming, including PTSD outreach. (Sec. 312) |
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11. New Custody Staff Trainings. The Governor added language stating that funding must be used to hire and train new corrections officers to address attrition and reduce overtime costs. Also eliminated language on vacancy rates. The Senate retained vacancy language. (Sec. 313) |
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12. Offender Success Report. The Governor removed a requirement to report details on planned expenditures and requires only the reporting of previous-year expenditures. The Senate added new language allowing the department to accept cash or in-kind donations for prisoner education training, supplies, and materials necessary to complete the program. (Sec. 402) |
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13. Community Corrections Comprehensive Plans. The Governor eliminated all language and retained only the per diem reimbursement limit of $55.50. The Senate retained current law. (Sec. 410) |
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14. Withholding of County Jail Reimbursements. The Governor removed language that bars reimbursement for any county that enacts or enforces any law or ordinance concerning the immigration status of an individual. The Senate concurred. (Sec. 414) |
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15. Documents for Prisoners. The Governor removed language requiring relevant departments to cooperate with access to documents, such as birth certificates and DDE form 214 for military service, and to require instead that the MDOC facilitate prisoners' access to these records. Also requires the MDOC to retain the prisoner's identification materials in the prisoner's personal file but only if the prisoner provides these documents. The Senate concurred. (Sec. 418) |
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16. NEW - Food Technology Program. The Governor relocated former section 901 regarding the enhanced food technology program. The program is maintained but rolled into the Education/Skilled Trades line item. A new section is added to state that the Education/Skilled Trades program must maintain an enhanced food technology program that will lead to food service training credentials recognized by the restaurant industry. The Senate concurred. (NEW Sec. 424) |
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17. Medication-Assisted Treatment Offender Success. The Senate added new language to the report that to also include the number of offenders who are actively employed, or are continuing treatment, and if an offender is subsequently returned to prison, the number of months since original release. (Sec. 425) |
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18. Tether Reimbursement Guidelines. The Governor eliminated language stating that, for a fee, the Department would provide counties with the curfew monitor equipment, replacement parts, etc., and install and service the equipment. The Senate concurred. (Sec. 603) |
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19. Criminal Justice Reinvestment Appropriation. The Governor eliminated the $600,000 earmark of funding. The Senate retained current law and added a new subsection (3) requiring a report by March 30 on the reincarceration recidivism rate or program participants, employment rate of participants, and the cost per participant. (Sec. 604) |
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20. Residential Alternative to Prison Program. The Governor removed the specific metrics and stated that the Department must measure and set metric goals. The Senate retained current law. (Sec. 617) |
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21. Feasibility Study on Direct Procurement for Medication. The Senate retained current law and added a new subsection (3) requiring a feasibility study by April 1 on practices the department can implement to defray the cost of medications, including the feasibility of the department to procure medications directly from the manufacturer. (Sec. 802) |
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22. Retreatment for Hepatitis C. The Senate retained current law and added a new subsection (2) requiring a report on the number of offenders requiring retreatment for Hepatitis C, broken down by the number of those who have been retreated while incarcerated and the number of those treated and released and then retreated upon re-incarceration. (Sec. 807) |
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23. NEW - Kalamazoo County Post Release Care Pilot Program. The Senate added new language for the program stating that the department shall initiate a pilot program to provide care management post-release which may include the development of a prerelease mental health discharge plan for parolees in Kalamazoo County. (NEW Sec. 810) |
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24. NEW - Access to Academic and Vocational Education Programs. The Senate added new language requiring the department to ensure all prisoners, including those upon intake, to be provided information regarding the academic and vocational educational programs provided and available. (NEW Sec. 907a) |
Date Completed: 5-5-21 Fiscal Analyst: Joe Carrasco, Jr.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.