Substitute For
SENATE BILL NO. 80
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
the people of the state of michigan enact:
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PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2022, from the following funds:
DEPARTMENT OF CORRECTIONS |
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APPROPRIATION SUMMARY |
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Full-time equated unclassified positions |
12.0 |
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Full-time equated classified positions |
12,831.6 |
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GROSS APPROPRIATION |
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$ |
2,064,288,900 |
Interdepartmental grant revenues: |
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Total interdepartmental grants and intradepartmental transfers |
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0 |
ADJUSTED GROSS APPROPRIATIONS |
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$ |
2,064,288,900 |
Federal revenues: |
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Total federal revenues |
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5,364,100 |
Special revenue funds: |
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Total local revenues |
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9,646,100 |
Total private revenues |
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0 |
Total other state restricted revenues |
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45,493,400 |
State general fund/general purpose |
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$ |
2,003,785,300 |
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Full-time equated unclassified positions |
12.0 |
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Full-time equated classified positions |
290.0 |
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Unclassified salaries--FTEs |
12.0 |
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1,971,300 |
Administrative hearings officers |
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3,187,000 |
Budget and operations administration--FTEs |
226.7 |
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35,100,400 |
Compensatory buyout and union leave bank |
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100 |
County jail reimbursement program |
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14,814,600 |
Employee wellness programming--FTEs |
6.0 |
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2,000,000 |
Equipment and special maintenance |
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1,559,700 |
Executive direction--FTEs |
15.0 |
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4,477,000 |
Judicial data warehouse user fees |
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50,600 |
New custody staff training |
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13,792,400 |
Prison industries operations--FTEs |
42.3 |
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10,100,600 |
Property management |
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2,455,100 |
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Prosecutorial and detainer expenses |
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4,801,000 |
Sheriffs' coordinating and training office |
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100,000 |
Workers' compensation |
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10,733,300 |
GROSS APPROPRIATION |
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$ |
105,143,100 |
Appropriated from: |
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Federal revenues: |
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DOJ, prison rape elimination act grant |
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674,700 |
Special revenue funds: |
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Correctional industries revolving fund |
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10,100,600 |
Correctional industries revolving fund 110 |
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721,600 |
Jail reimbursement program fund |
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5,900,000 |
Local corrections officer training fund |
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100,000 |
Program and special equipment fund |
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100 |
State general fund/general purpose |
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$ |
87,646,100 |
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Full-time equated classified positions |
252.4 |
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Community corrections comprehensive plans and services |
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12,898,100 |
Chances for life |
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275,000 |
Education/skilled trades/career readiness programs--FTEs |
187.4 |
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40,278,300 |
Goodwill Flip the Script |
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1,500,000 |
Offender employment and opportunity unit--FTEs |
5.0 |
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1,373,000 |
Offender success community partners |
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14,500,000 |
Offender success federal grants |
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751,000 |
Offender success programming |
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16,772,800 |
Offender success services--FTEs |
12.0 |
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3,298,800 |
Offender success services unit--FTEs |
5.0 |
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1,373,000 |
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Office of community corrections--FTEs |
4.0 |
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1,105,500 |
Parole in-reach unit--FTEs |
20.0 |
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5,474,100 |
Parole release unit--FTEs |
10.0 |
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2,746,000 |
Program centralization and curriculum development unit--FTEs |
9.0 |
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2,460,700 |
Public safety initiative |
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4,000,000 |
Residential probation diversions |
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16,575,500 |
GROSS APPROPRIATION |
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$ |
125,381,800 |
Appropriated from: |
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Federal revenues: |
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DOJ, prisoner reintegration |
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751,000 |
Federal education funding |
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1,575,200 |
Special revenue funds: |
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Program and special equipment fund |
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14,326,000 |
State general fund/general purpose |
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$ |
108,729,600 |
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Full-time equated classified positions |
1,690.4 |
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Criminal justice reinvestment |
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3,748,400 |
Field operations--FTEs |
1,665.6 |
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221,739,400 |
Parole board operations--FTEs |
24.8 |
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3,867,400 |
Parole/probation services |
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940,000 |
Residential alternative to prison program |
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1,500,000 |
GROSS APPROPRIATION |
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$ |
231,795,200 |
Appropriated from: |
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Special revenue funds: |
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Local - community tether program reimbursement |
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275,000 |
Reentry center offender reimbursements |
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10,000 |
Supervision fees |
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6,630,500 |
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Supervision fees set-aside |
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940,000 |
State general fund/general purpose |
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$ |
223,939,700 |
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Full-time equated classified positions |
553.4 |
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Central records--FTEs |
41.0 |
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4,792,300 |
Correctional facilities administration--FTEs |
27.0 |
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6,596,400 |
Housing inmates in federal institutions |
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511,000 |
Inmate housing fund |
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100 |
Inmate legal services |
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290,900 |
Leased beds and alternatives to leased beds |
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100 |
Prison food service--FTEs |
274.6 |
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72,833,200 |
Prison store operations--FTEs |
29.5 |
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3,392,300 |
Public works programs |
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1,000,000 |
Transportation--FTEs |
181.3 |
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30,850,400 |
GROSS APPROPRIATION |
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$ |
120,266,700 |
Appropriated from: |
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Federal revenues: |
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DOJ-BOP, federal prisoner reimbursement |
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411,000 |
SSA-SSI, incentive payment |
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272,000 |
Special revenue funds: |
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Correctional industries revolving fund 110 |
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663,400 |
Public works user fees |
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1,000,000 |
Resident stores |
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3,392,300 |
State general fund/general purpose |
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$ |
114,528,000 |
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Full-time equated classified positions |
1,041.8 |
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Clinical complexes--FTEs |
722.6 |
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148,457,900 |
Health care administration--FTEs |
13.0 |
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3,459,500 |
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Healthy Michigan plan administration--FTEs |
9.0 |
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993,200 |
Hepatitis C treatment |
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8,810,700 |
Interdepartmental grant to health and human services, eligibility specialists |
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120,200 |
Kalamazoo County post release care pilot program |
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300,000 |
Mental health services and support--FTEs |
297.2 |
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52,167,800 |
Prisoner health care services |
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94,793,600 |
Vaccination program |
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691,200 |
GROSS APPROPRIATION |
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$ |
309,794,100 |
Appropriated from: |
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Federal revenues: |
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DOJ, Office of Justice programs, RSAT |
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250,200 |
Federal revenues and reimbursements |
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395,200 |
Special revenue funds: |
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Prisoner health care co-payments |
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257,200 |
State general fund/general purpose |
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$ |
308,891,500 |
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Full-time equated classified positions |
9003.6 |
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Alger Correctional Facility - Munising--FTEs |
259.0 |
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32,062,300 |
Baraga Correctional Facility - Baraga--FTEs |
295.8 |
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38,174,700 |
Bellamy Creek Correctional Facility - Ionia--FTEs |
392.2 |
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46,870,400 |
Carson City Correctional Facility - Carson City--FTEs |
421.4 |
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51,347,100 |
Central Michigan Correctional Facility - St. Louis--FTEs |
386.6 |
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48,651,500 |
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Charles E. Egeler Correctional Facility - Jackson--FTEs |
386.6 |
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48,082,700 |
Chippewa Correctional Facility - Kincheloe--FTEs |
443.6 |
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54,172,600 |
Cooper Street Correctional Facility - Jackson--FTEs |
254.6 |
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31,028,600 |
Detroit Detention Center--FTEs |
69.1 |
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9,371,100 |
Earnest C. Brooks Correctional Facility - Muskegon--FTEs |
248.2 |
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31,973,300 |
G. Robert Cotton Correctional Facility - Jackson--FTEs |
395.0 |
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47,720,200 |
Gus Harrison Correctional Facility - Adrian--FTEs |
443.6 |
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52,960,900 |
Ionia Correctional Facility - Ionia--FTEs |
288.3 |
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36,284,700 |
Kinross Correctional Facility - Kincheloe--FTEs |
258.6 |
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34,558,400 |
Lakeland Correctional Facility - Coldwater--FTEs |
275.4 |
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34,910,900 |
Macomb Correctional Facility - New Haven--FTEs |
292.8 |
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38,667,900 |
Marquette Branch Prison - Marquette--FTEs |
319.7 |
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40,008,400 |
Michigan Reformatory - Ionia--FTEs |
319.8 |
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37,583,000 |
Muskegon Correctional Facility - Muskegon--FTEs |
207.0 |
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27,868,000 |
Newberry Correctional Facility - Newberry--FTEs |
198.1 |
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25,831,000 |
Oaks Correctional Facility - Eastlake--FTEs |
289.4 |
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36,901,200 |
Parnall Correctional Facility - Jackson--FTEs |
266.1 |
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30,865,900 |
Richard A. Handlon Correctional Facility - Ionia--FTEs |
255.7 |
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32,651,500 |
Saginaw Correctional Facility - Freeland--FTEs |
276.9 |
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35,235,000 |
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Special Alternative Incarceration Program - Cassidy Lake--FTEs |
38.0 |
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5,905,800 |
St. Louis Correctional Facility - St. Louis--FTEs |
306.6 |
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39,979,700 |
Thumb Correctional Facility - Lapeer--FTEs |
283.6 |
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35,580,100 |
Womens Huron Valley Correctional Complex - Ypsilanti--FTEs |
505.1 |
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63,075,100 |
Woodland Correctional Facility - Whitmore Lake--FTEs |
277.9 |
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36,473,900 |
Northern region administration and support--FTEs |
43.0 |
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4,495,800 |
Southern region administration and support--FTEs |
68.0 |
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19,160,400 |
GROSS APPROPRIATION |
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$ |
1,108,452,100 |
Appropriated from: |
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Federal revenues: |
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DOJ, state criminal assistance program |
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1,034,800 |
Special revenue funds: |
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Local funds |
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9,371,100 |
State restricted fees, revenues, and reimbursements |
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102,100 |
State general fund/general purpose |
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$ |
1,097,944,100 |
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Information technology services and projects |
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31,082,200 |
GROSS APPROPRIATION |
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$ |
31,082,200 |
Appropriated from: |
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Special revenue funds: |
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Correctional industries revolving fund 110 |
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182,000 |
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Parole and probation oversight fees set-aside |
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714,800 |
Program and special equipment fund |
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452,800 |
State general fund/general purpose |
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$ |
29,732,600 |
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New custody staff training |
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7,373,700 |
John Doe(s) v MDOC settlement agreement |
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25,000,000 |
GROSS APPROPRIATION |
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$ |
32,373,700 |
Appropriated from: |
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State general fund/general purpose |
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$ |
32,373,700 |
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2021-2022
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $2,049,278,700.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $122,595,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
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County jail reimbursement program |
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$ |
14,814,600 |
Community corrections comprehensive plans and services |
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12,898,100 |
Field operations |
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68,006,200 |
Leased beds and alternatives to leased beds |
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100 |
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Public safety initiative |
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4,000,000 |
Prosecutorial and detainer expenses |
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4,801,000 |
Residential alternative to prison program |
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1,500,000 |
Residential probation diversions |
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16,575,500 |
TOTAL |
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$ |
122,595,500 |
Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(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 2020-2021:
(i) New custody staff training.
(ii) Education/skilled trades/career readiness programs.
(iii) Offender success programming.
(iv) Central records.
(v) Correctional facilities administration.
(vi) Inmate legal services.
(vii) Prison food service.
(viii) Prison store operations.
(ix) Transportation.
(x) Clinical complexes.
(xi) Hepatitis C treatment.
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(xii) Mental health and substance abuse treatment services.
(xiii) Prisoner health care services.
(xiv) Vaccination program.
(xv) Correctional facilities.
(xvi) Northern and southern region administration and support.
(c) "Department" or "MDOC" means the Michigan department of corrections.
(d) "DOJ" means the United States Department of Justice.
(e) "DOJ-BOP" means the DOJ Bureau of Prisons.
(f) "EPIC program" means the department's effective process improvement and communications program.
(g) "Evidence-based" means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.
(h) "Federally qualified health center" means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.
(i) "FTE" means full-time equated.
(j) "Goal" means the intended or projected result of a community corrections comprehensive plan or community corrections program to reduce repeat offending, criminogenic and high-risk behaviors, prison commitment rates, the length of stay in a jail, or to improve the utilization of a jail.
(k) "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.
(l) "MDHHS" means the Michigan department of health and human services.
(m) "Medicaid benefit" means a benefit paid or payable under a
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program for medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(n) "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.
(o) "OCC" means the office of community corrections.
(p) "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.
(q) "Offender success" means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that he or she has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole.
(r) "Offender target populations" 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.
(s) "Offender who would likely be sentenced to imprisonment" means either of the following:
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(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.
(t) "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.
(u) "Recidivism" means that term as defined in section 1 of 2017 PA 5, MCL 798.31.
(v) "RSAT" means residential substance abuse treatment.
(w) "Serious emotional disturbance" means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.
(x) "Serious mental illness" means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.
(y) "SSA" means the United States Social Security Administration.
(z) "SSA-SSI" means SSA supplemental security income.
Sec. 204. The department shall use the internet to fulfill the
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reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 206. The department shall not take disciplinary action against an employee of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.
Sec. 207. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:
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(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior 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 chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies.
Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job
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classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on corrections, 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, 2021 and September 30, 2022.
Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.
Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $279,249,700.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $156,450,700.00. Total department appropriations for retiree health care legacy costs are estimated at $122,799,000.00.
Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
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Sec. 216. (1) On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility, to the senate and house appropriations committees, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. This report must include the following:
(a) A comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period.
(b) A detailed accounting of all vacant positions that exist within the department.
(c) A detailed accounting of all correction officer positions at each correctional facility, including positions that are filled and vacant positions, by facility.
(d) A detailed accounting of all vacant positions that are health care-related.
(e) A detailed accounting of vacant positions that are being held open for temporarily nonactive employees.
(2) By April 1 of the current fiscal year and semiannually thereafter, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, the following information:
(a) Number of employees that were engaged in remote work in
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2020.
(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
(3) As used in this section, "vacant position" means any position that has not been filled at any time during the past 12 calendar months.
Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this article for the particular department, board, commission, officer, or institution.
Sec. 219. (1) Any contract for prisoner telephone services entered into after the effective date of this section shall include a condition that fee schedules for prisoner telephone calls, including rates and any surcharges other than those necessary to meet program and special equipment costs, be the same as fee schedules for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and special equipment funds shall be considered state restricted revenue. Funding shall be used for prisoner programming, special equipment, and security projects. 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.
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(3) The department shall submit a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by February 1 outlining revenues and expenditures from program and special equipment funds. The report shall include all of the following:
(a) A list of all individual projects and purchases financed with program and special equipment funds in the immediately preceding fiscal year, the amounts expended on each project or purchase, and the name of each vendor from which the products or services were purchased.
(b) A list of planned projects and purchases to be financed with program and special equipment funds during the current fiscal year, the amounts to be expended on each project or purchase, and the name of each vendor from which the products or services will be purchased.
(c) A review of projects and purchases planned for future fiscal years from program and special equipment funds.
Sec. 220. 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 or private nonprofit organizations. The revenues and fees collected are appropriated for all expenses associated with these services and activities.
Sec. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall
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be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on corrections, the joint committee on administrative rules, and the senate and house fiscal agencies.
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 8 employees at the department's central office in Lansing and at both the northern and southern region administration offices.
Sec. 247. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.
Sec. 248. At the May 2022 consensus revenue estimating conference, the senate and house fiscal agencies and the state budget director, or state treasurer, shall establish a projected prisoner population for fiscal year 2022-2023, and a projected number of available beds based on the population projection.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. 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
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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.
Sec. 302. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report must include, but not be limited to, the following:
(a) The department's strategies on how to improve employee engagement, how to improve employee wellness, and how to offer additional training and professional development for employees, including metrics the department is using to measure success of employee wellness programming.
(b) Mechanisms by which the department receives employee feedback in areas under subdivision (a) and how the department considers suggestions made by employees.
(c) Steps the department has taken, and future plans and goals the department has for retention and improving employee wellness.
Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the
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department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.
Sec. 304. (1) The department shall maintain a staff savings initiative program in conjunction with the EPIC program for employees to submit suggestions for efficiencies for the department. The department shall consider each suggestion in a timely manner. 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 office on process improvements that were implemented based on suggestions that were recommended for implementation from the staff savings initiative and EPIC programs.
(2) From the funds appropriated in part 1 for the staffing savings initiative program, an employee whose suggestion is implemented by the department shall receive a reward in compensation equal to 1% of any savings that result from the implementation of the suggestion, up to a maximum award of $2,000.00.
Sec. 305. From the funds appropriated in part 1 for
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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. 306. 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. 307. The department shall issue a biannual report for all vendor contracts to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall cover service contracts with a value of $500,000.00 or more and include all of the following:
(a) The original start date and the current expiration date of each contract.
(b) The number, if any, of contract compliance monitoring site visits completed by the department for each vendor.
(c) The number and amount of fines, if any, for service-level agreement noncompliance for each vendor broken down by area of noncompliance.
Sec. 308. From the funds appropriated in part 1 for mental health and substance abuse treatment services, the department shall
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provide for the training of 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 must be incorporated into the training of new custody staff and must include peer-to-peer training.
Sec. 309. The department shall issue a report for all correctional facilities to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by January 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; the current unspent balance of any authorized capital outlay projects, including the original authorized amount; and its expected future useful life. For facilities closed prior to January 15, 2021, the report shall include a list of costs associated with maintenance and upkeep of closed facilities, by facility, and estimated costs of demolition of closed facilities.
Sec. 310. By March 1, the department shall provide a strategic plan update report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office which details the progress being made in achieving the strategic plan of the department. The report shall contain updates on relevant strategic plan objectives, as well as key statistics and information about the department's efforts to decrease the overall recidivism rate and promote offender success by ensuring readiness to reenter society.
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Sec. 311. By December 1, the department shall provide a report on the Michigan state industries program to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include, but not be limited to, the locations of the programs, the total number of participants at each location, a description of job duties and typical inmate schedules, the products that are produced, and how the program provides marketable skills that lead to employable outcomes after release from a department facility.
Sec. 312. (1) From the funds appropriated in part 1 for employee wellness programming, the department shall maintain employee wellness programming, including programming focused on post-traumatic stress disorder outreach.
(2) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, and providing mental health programming for all department staff, including former employees.
Sec. 313. (1) From the funds appropriated in part 1 for new custody staff training, the department shall work to hire and train new corrections officers to address attrition of correction officers and to decrease overtime costs.
(2) The department shall submit quarterly reports on new employee schools to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as
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possible for the current and next fiscal year.
(a) The number of new employee schools that took place and the location of each.
(b) The number of recruits that started in each employee school.
(c) The number of recruits that graduated from each employee school and continued employment with the department.
(3) The report must outline the department's strategy to achieve a 5% or lower target corrections officer vacancy rate.
Sec. 314. From the funds appropriated in part 1, the department shall submit a quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees. The report shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 318. From the funds appropriated in part 1, the department shall submit a report about programs that offer professional development and training opportunities for all levels of custody supervisors and first line managers. The trainings must include de-escalation techniques. The report shall include an overview of existing departmental programs, as well as a review of programs available in other organizations and states that serve similar purposes that may be adopted in part or in full to enhance departmental training. The department shall provide the required
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report by April 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
OFFENDER SUCCESS ADMINISTRATION
Sec. 401. The department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include explanations of the methodology and assumptions used in developing the projection updates.
Sec. 402. By March 1, the department shall provide a report on offender success expenditures and allocations to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. At a minimum, the report shall include information on 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.
(c) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and
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materials necessary to complete the academic and jobs skills related programs.
Sec. 403. The department shall partner with nonprofit faith-based, business and professional, civic, and community organizations for the purpose of providing offender success services. Offender success services include, but are not limited to, counseling, providing information on housing and job placement, and money management assistance.
Sec. 404. From the funds appropriated in part 1 for offender success services, the department, when reasonably possible, shall ensure that inmates have potential employer matches in the communities to which they will return prior to each inmate's initial parole hearing.
Sec. 405. 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 office on expenditures for substance abuse testing and treatment services, substance abuse testing and treatment program objectives, outcome measures, and results, including program impact on offender success and programmatic success. The report shall include information on the number of prisoners that received medication assisted therapies, the length of time on the therapy, and the number of prisoners that have been successfully weaned from their addiction.
Sec. 407. By June 30, the department shall place the statistical report from the immediately preceding calendar year on an internet site. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.
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Sec. 408. The department shall measure the reincarceration recidivism rates of offenders based on programming and available state data.
Sec. 409. (1) From the appropriations in part 1, the department shall design services for offender success and vocation education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure that the program provides relevant professional development opportunities to prisoners that are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities.
(2) The department shall offer workforce development programming upon entry to any prisoner that expresses a commitment to rehabilitation and shall continue to offer workforce development programming through the entire duration of the prisoner's incarceration to encourage employment upon release.
(3) By March 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office detailing the results of the workforce development program.
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 community corrections comprehensive plans shall include an explanation of how
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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.
(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
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provide for a per diem reimbursement of not more than $55.50.
(4) Pursuant to an approved community corrections comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing 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. 411. The community corrections comprehensive 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 community corrections comprehensive 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 of this part. The state community corrections board shall encourage local community corrections advisory boards to include in their community corrections comprehensive plans strategies to collaborate with local alcohol and drug treatment agencies of the MDHHS for the
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provision of alcohol and drug screening, assessment, case management planning, and delivery of treatment to alcohol- and drug-involved offenders.
Sec. 412. (1) The department shall submit to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office the following information for each county and counties consolidated for community corrections comprehensive plans:
(a) Approved technical assistance grants and community corrections comprehensive 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 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
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data, and year-to-date totals.
Sec. 413. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency of the county receiving the funding under part 1 shall report a detailed listing of expenditures made for the prior three fiscal years. The report must be submitted by February 1 to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office and must include the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services that were provided, and number of individuals served.
(2) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency of the county receiving the funding under part 1 shall appear before the subcommittees to discuss the expenditure report required under subsection (1). The subcommittees will work with the law enforcement agency to determine when the meeting will occur.
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
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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 section shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 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 section:
(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 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.
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(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 a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose, 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, the department shall distribute the documentation requirements to all counties.
(6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year.
(7) Not later than February 1, the department shall report to the senate and house appropriations subcommittees on corrections all of the following information:
(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.
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(b) The total amount paid to counties under the county jail reimbursement program.
(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.
(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(g) The estimated cost of housing inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.
Sec. 418. (1) If provided by the prisoner at the time the prisoner is admitted to the department, the department shall maintain the state operator's license, official state personal identification card, or other documentation that establishes the identity of the individual in the prisoner's personal file.
(2) The department shall allow a prisoner to obtain the prisoner's birth certificate from this state if necessary, and shall collaborate with the department of health and human services to provide this opportunity as necessary. The department shall provide a process for a prisoner to obtain the prisoner's birth certificate from another state, and if the prisoner's effort fails, the department shall assist the prisoner in obtaining the birth certificate.
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(3) The department shall allow a prisoner to obtain a copy of the prisoner's DD Form 214 or other military discharge documentation if necessary, and shall collaborate with the department of military and veteran's affairs to provide this opportunity as necessary.
Sec. 419. The department shall provide monthly email reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. 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, the number of beds in currently closed housing units by facility, 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) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner
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deaths, prisoners discharging on the maximum sentence, and other prisoner exits.
(h) 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. 422. On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, for the previous 4 quarters detailing the outcomes of prisoners who have been reviewed for parole. The report shall include all of the following:
(a) How many prisoners in each quarter were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) The distribution of the total number of prisoners reviewed during that quarter grouped by whether the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth, or more than sixth time.
(f) The number of paroles granted, denied, or deferred for each of the parole guideline scores of low, average, and high.
(g) The reason for denying or deferring parole.
Sec. 424. From the funds appropriated in part 1 for education/skilled trades/career readiness programs, the department shall maintain an enhanced food technology program that provides on-the-job training in prison kitchens that will lead to food
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service training credentials recognized by the restaurant industry.
Sec. 425. (1) From the funds appropriated in part 1 for offender success programming, $1,000,000.00 shall be used by the department to establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid-addicted and alcohol-addicted offenders who voluntarily participate in the medication-assisted treatment offender success pilot programs. The department shall collaborate with residential and nonresidential substance abuse treatment providers and with community-based clinics to provide postrelease treatment. The programs shall employ a multifaceted approach to treatment, including all long-acting medication approved by the Food and Drug Administration for the treatment of opioid dependence and/or alcohol dependence, counseling, and postrelease referral to community-based providers.
(2) Participants of the programs shall be required to attend substance abuse treatment programming as directed by their agent, including coordination of both direct or indirect services through federally qualified health centers in Wayne, Washtenaw, Genesee, Berrien, Van Buren, and Allegan Counties, but not limited to only those counties, shall be subject to routine drug and alcohol testing, shall not be allowed to consume drugs or alcohol, and shall possess a strong will to overcome addiction.
(3) The department shall submit a report by September 30 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of offenders who received injections upon release, the number of offenders who received injections and tested positive for drugs or alcohol, the
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number of offenders who received injections in the community for a duration of at least 3 months, and the number of offenders who received injections and were subsequently returned to prison. The report shall 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. 426. From the funds appropriated in part 1, the department shall ensure that any inmate with a diagnosed mental illness is referred to a local mental health care provider that is able and willing to treat the inmate upon parole or discharge. The department shall ensure that the provider is informed of the inmate's current treatment plan including any medications that are currently prescribed to the inmate.
Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program that serves a population of individuals aged 16 to 39. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types:
(a) Alternative sentencing programs in partnership with a local district or circuit court.
(b) Educational recovery for special adult populations with high rates of illiteracy.
(c) Career development and continuing education for women.
(2) The program selected shall report by March 30 to the department, the senate and house appropriations subcommittees on
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corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.
FIELD OPERATIONS ADMINISTRATION
Sec. 603. Included in the appropriation in part 1 is adequate funding to implement the curfew monitoring program to be administered by the department. The curfew monitoring program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state's curfew monitoring program to reduce prison admissions and improve local jail utilization. Any county with curfew monitor charges outstanding over 60 days shall be considered in violation of the community curfew monitor program agreement and lose access to the program.
Sec. 604. (1) The funds appropriated in part 1 for criminal justice reinvestment shall be used only to fund data collection and evidence-based programs designed to reduce recidivism among probationers and parolees.
(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services are, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring,
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cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years' worth of data that demonstrate program success.
(3) The department shall report on programs described under this section by March 30 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall include the reincarceration recidivism rate of program participants, the employment rate of participants who complete the program, and the cost of the program per participant.
Sec. 611. The department shall prepare by March 1 individual reports for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. The reports shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. Each program's report shall include information on all of the following:
(a) Monthly new participants by type of offender. Residential reentry 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.
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(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) By April 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of all parolees returned to prison and probationers sentenced to prison
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for either a technical violation or new sentence during the preceding fiscal year. The report shall include the following information for probationers, for parolees after their first parole, and for 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 high school equivalency or high school diploma prior to incarceration in prison, how many received a high school equivalency while in prison, and how many received a vocational certificate while in prison.
(d) The number of offenders who participated in the reentry program 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. 615. (1) The department shall submit a report detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole to the senate and house appropriations
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subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by April 30.
(2) The report shall include the following information on parolable lifers who have served more than 25 years: prisoner name, MDOC identification number, prefix, offense for which life term is being served, county of conviction, age at time offense was committed, current age, race, gender, true security classification, dates of parole board file reviews, dates of parole board interviews, parole guideline scores, and reason for decision not to release.
Sec. 617. From the funds appropriated in part 1 for the residential alternative to prison program, the department shall provide vocational, educational, and cognitive programming in a secure environment to enhance existing alternative sentencing options, increase employment readiness and successful placement rates, and reduce new criminal behavior for the west Michigan probation violator population. The department shall measure and set the following metric goals:
(a) 85% of participants successfully complete the program.
(b) Of the participants that complete the program, 75% will earn a nationally recognized credential for career and vocational programs.
(c) Of the participants that complete the program, 100% will earn a certificate of completion for cognitive programming.
(d) The prison commitment rate for probation violators will be reduced by 5% within the impacted geographical area after the first year of program operation.
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HEALTH CARE
Sec. 802. (1) As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with quarterly reports on physical and mental health care, pharmaceutical services, and durable medical equipment, for prisoners. Reports shall detail 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. Reports shall include a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical, and durable medical equipment expenditures.
(2) By April 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with a report on pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.
(3) By April 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with a feasibility study 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. 803. (1) The department shall assure that all prisoners,
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upon any health care treatment funded from appropriations in part 1, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release forms follow a prisoner upon transfer to another department facility or to the supervision of a parole officer.
(3) The form shall be placed online, on a public website managed by the department.
Sec. 804. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on prisoner health care utilization. The report shall include the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the previous quarter, by facility.
Sec. 807. (1) The funds appropriated in part 1 for Hepatitis C treatment shall be used only to purchase specialty medication for Hepatitis C treatment in the prison population. In addition to the above appropriation, any rebates received from the medications used shall be used only to purchase specialty medication for Hepatitis C treatment. On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office, showing for the
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previous 4 quarters the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners that were treated, the amount of any rebates that were received from the purchase of specialty medication, and what outstanding rebates are expected to be received.
(2) The report shall also include 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 reincarceration.
Sec. 810. (1) From the funds appropriated in part 1, the department shall initiate a pilot program to provide care management to parolees post-release, which may include the development of a prerelease mental health discharge plan for parolees in Kalamazoo County. The pilot program must utilize software as part of the department's prerelease mental health discharge planning for prisoners receiving mental health services or mental health prescription medication before release. The software must be available to care team members that will support a parolee's transition out of prison, including community health and social program providers.
(2) The pilot program under subsection (1) must continue for at least 1 year with the goal of serving a minimum of 75 parolees. The pilot program must include, but is not limited to, case management and assessments, registration and use by community providers, the tracking of interactions between the care team members and parolees, and the ability for parolees to provide feedback.
Sec. 812. (1) The department shall provide the department of health and human services with a monthly list of prisoners newly
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committed to the department of corrections. The department and the department of health and human services shall enter into an interagency agreement under which the department of health and 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, the legislative corrections ombudsman, and the state budget office with quarterly updates on the utilization of Medicaid benefits for prisoners.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 902. (1) From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to eliminate programming for prisoners. Notice shall be provided at least 30 days prior to program elimination.
(2) As used in this section, "programming for prisoners" means a department core program or career and technical education program funded in part 1.
Sec. 903. From the funds appropriated in part 1 for prison food service, the department shall report biannually to the senate
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and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the following:
(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, and shall include, but not be limited to, actual food costs, total compensation for all food service workers, including benefits and legacy costs, and inspection and compliance costs for food service.
(b) Food service-related contracts, including goods or services to be provided and the vendor.
(c) Major sanitation violations.
Sec. 904. The department shall calculate the cost per prisoner/per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year, including, but not limited to, the value of services provided to the department by other state agencies and the allocation of statewide legacy costs. To calculate the cost per prisoner/per day, the department shall divide these direct and indirect costs by the average daily population for each custody level. For multilevel facilities, the indirect costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. A report summarizing these calculations and the direct and indirect costs included in them shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
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organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement.
Sec. 907. The department shall report by March 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on academic and vocational programs. The report shall provide information relevant to an assessment of the department's academic and vocational programs, including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who do not complete each program and are not subsequently reenrolled, and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and not subsequently reenrolled, the number of prisoners enrolled who are repeating the program, and the number of prisoners on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a high school equivalency.
(e) An explanation of the value and purpose of each program, for example, to improve employability, reduce recidivism, reduce
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prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic and vocational program.
(g) The number of prisoners not paroled at their earliest release date due to lack of a high school equivalency, and the reason those prisoners have not obtained a high school equivalency.
Sec 907a. From the funds appropriated in part 1, the department shall provide to all prisoners, upon intake, information regarding the academic and vocational educational programs provided and available to the inmate. The information must include how an inmate can access the programming, the requirements for admittance to programs, and the expected outcomes of participation in the program. This information must be made available to all inmates in an effort to adequately prepare inmates for success upon release.
Sec. 908. From the funds appropriated in part 1, the department may establish a pilot online high school diploma and career certificate program to serve up to 400 inmates through a provider that offers career-based online high school diplomas designed to prepare adult inmates for transition into the workplace. If a bid is awarded, the department shall provide an initial report no later than June 1 on the progress of the inmates in the online high school diploma and career certificate program to the senate and house subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 910. The department shall allow the Michigan Braille transcribing fund program to operate at designated locations. The donations by the Michigan Braille transcribing fund at the G. Robert Cotton Correctional Facility in Jackson and the Womens Huron
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Valley Correctional Facility in Ypsilanti are 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 office the number of critical incidents occurring each month by type and the number and severity of assaults, escape attempts, suicides, and attempted suicides occurring each month at each facility during the immediately preceding calendar year.
Sec. 912. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office 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) From the funds appropriated in part 1, the department shall focus on providing required programming to prisoners who are past their earliest release date because of not having received the required programming. Programming includes, but is not limited to, violence prevention programming, assaultive offender programming, sexual offender programming, substance abuse treatment programming, thinking for a change programming, and any other programming that is required as a condition of parole.
(2) It is the intent of the legislature that any prisoner required to complete a violence prevention program, sexual offender
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program, or other program as a condition of parole shall be placed on a waiting list for the appropriate programming upon entrance to prison and 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.
(3) The department shall submit a quarterly report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office detailing enrollment in sex offender programming, assaultive offender programming, violent offender programming, and thinking for a change programming. At a minimum, the report shall include the following:
(a) A full accounting, from the date of entrance to prison, of the number of individuals who are required to complete the 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 programming.
(c) A plan of action for addressing any waiting lists or backlogs for programming that may exist.
Sec. 920. If a female prisoner in a facility funded from appropriations in section 107 consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner's labor and delivery. The person allowed to accompany the prisoner must be an immediate family member, legal guardian, spouse, or domestic partner. The department is authorized to deny access to a visitor if the department has a safety concern with that visitor's access. The department is authorized to conduct a
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criminal background check on a visitor.
Sec. 924. The department shall evaluate all prisoners at intake for substance abuse disorders, serious developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness or serious developmental disorders shall not be removed from the general population as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners with serious mental illness or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services funded from appropriations in part 1. A prisoner with serious mental illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours.
Sec. 925. 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 office on the annual number of prisoners in administrative segregation between October 1, 2020 and September 30, 2021, and the annual number of prisoners in administrative segregation between October 1, 2020 and September 30, 2021 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.
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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 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 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 office on the training curriculum used and the number and types of staff receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder and need to be housed separately from the general population. Prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder shall not be removed from an existing placement as a punitive response to behavior caused by their serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners less than 18 years of age with serious emotional disturbance, serious mental illness, or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner less than 18 years of age with serious mental illness, serious emotional disturbance, or a serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a
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medical professional at a frequency of not less than every 12 hours.
(c) Implement a specialized offender success program that recognizes the needs of prisoners less than 18 years old for supervised offender success.
Sec. 930. The department shall submit a quarterly report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the number of youth in prison. The report shall include, but not be limited to, the following information:
(a) The total number of inmates under age 18 who are not on Holmes youthful trainee act status.
(b) The total number of inmates under age 18 who are on Holmes youthful trainee act status.
(c) The total number of inmates aged 18 to 23 who are on Holmes youthful trainee act status.
Sec. 940. (1) Any lease, rental, contract, or other legal agreement that includes a provision allowing a private person or entity to use state-owned facilities or other property to conduct a for-profit business enterprise shall require the lessee to pay fair market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement shall also require the party using the property to make a payment in lieu of taxes to the local jurisdictions that would otherwise receive property tax revenue, as if the property were not owned by the state.
Sec. 942. The department shall ensure that any contract, funded from appropriations in part 1, with a public or private
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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.
Sec. 943. The department shall submit a report by May 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the actual and projected savings achieved by closing correctional facilities. Savings amounts shall be itemized by facility. Information required by this section shall start with the closure of the Pugsley Correctional Facility, which closed in September of 2016 and continuing through the closure of the Detroit Reentry Center, which closed in January of 2021.
Sec. 944. When the department is planning to close a correctional facility, the department shall fully consider the potential economic impact of the prison closure on the community where the facility is located. The department, when weighing all factors related to the closure of a facility, shall also consider the impact on the local community where the facility to be closed is located.
Sec. 945. From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to close, consolidate, or relocate any
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correctional facility in the state. Notice shall be provided at least 30 days prior to effective date of closure, consolidation, or relocation.
Sec. 946. From the funds appropriated in part 1, the department must consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for the families of incoming prisoners available on the department's website. The information packet shall be updated by February 1. 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 may accept in-kind services and equipment donations to facilitate the addition of a cable network
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that provides programming that will address the religious needs of incarcerated individuals. This network may 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 at no additional cost to this state.
Sec. 1013. From the funds appropriated in part 1, priority may be given to funding reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism, including faith-based initiatives.