SB-0268, As Passed Senate, June 15, 2005
SUBSTITUTE FOR
SENATE BILL NO. 268
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2006; to provide for the
expenditure of the appropriations; to provide for reports; to
provide for the creation of certain advisory committees and boards;
to prescribe certain powers and duties of the department of
corrections, certain other state officers and agencies, and certain
advisory committees and boards; to provide for the collection of
certain funds; and to provide for the disposition of fees and other
income received by certain state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Senate Bill No. 268 as amended June 15, 2005
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
corrections for the fiscal year ending September 30, 2006, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY:
Average population......................... <<51,425>>
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions... <<17,508.2>>
GROSS APPROPRIATION. . . . . . . . . . . . . . . . . $ <<1,854,358,900>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,043,800
ADJUSTED GROSS APPROPRIATION. . . . . . . . . . . . .$<<1,853,315,100>>
Federal revenues:
Total federal revenues................................. 10,316,800
Special revenue funds:
Total local revenues................................... 411,700
Total private revenues................................. 0
Total other state restricted revenues.................. 66,442,400
State general fund/general purpose. . . . . . . . . .$ <<1,776,144,200>>
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions.......... 227.2
Unclassified positions--16.0 FTE positions............. $ 1,368,800
Executive direction--32.0 FTE positions................ 3,779,000
Policy and strategic planning--26.0 FTE positions...... 5,552,400
Prisoner reintegration programs--4.0 FTE positions..... 12,878,700
Human resources--165.2 FTE positions................... 14,253,600
Human resources optimization user charges.............. 1,299,200
Training............................................... 802,000
Worker's compensation.................................. 18,899,000
Grant to legislative council........................... 500,000
Sheriffs' coordinating and training office............. 2,000,000
GROSS APPROPRIATION.................................... $ 61,332,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 523,800
Federal revenues:
DOJ, prisoner reintegration............................ 1,035,000
Special revenue funds:
Local corrections officer training fund................ 2,000,000
State general fund/general purpose..................... $ 57,773,900
Sec. 103. ADMINISTRATION AND PROGRAMS
Average population................................ 480
Full-time equated classified positions.......... 291.9
Administrative services--70.9 FTE positions............ $ 6,462,600
Substance abuse testing and treatment.................. 19,686,400
Inmate legal services.................................. 314,900
Prison industries operations--220.0 FTE positions...... 18,658,700
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,054,000
Michigan youth correctional facility - management
services............................................. 12,592,800
Michigan youth correctional facility -
administration--1.0 FTE positions.................... 160,100
Average population................................ 480
Michigan youth correctional facility - lease payments.. 5,091,700
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 71,167,400
Appropriated from:
Federal revenues:
DOJ, office of justice programs, Byrne grants.......... 729,400
Special revenue funds:
Correctional industries revolving fund................. 18,758,700
State general fund/general purpose..................... $ 51,679,300
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Average population................................ 310
Full-time equated classified positions........ 1,976.4
Field operations--1,796.1 FTE positions................ $ 140,151,300
Parole and probation special operations program........ 500,000
Parole board operations--27.0 FTE positions............ 2,452,100
Loans to parolees...................................... 294,400
Parole/probation services.............................. 2,867,300
Corrections centers--48.0 FTE positions................ 5,491,000
Average population................................ 310
Electronic monitoring center--36.0 FTE positions....... 4,689,800
Technical rule violator program--69.3 FTE positions.... 8,748,900
GROSS APPROPRIATION.................................... $ 165,194,800
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 411,700
Parole and probation oversight fees.................... 9,905,100
Tether program, participant contributions.............. 5,530,800
Parole and probation oversight fees set-aside.......... 2,867,300
Corrections centers, resident contributions revenue.... 374,300
Technical rule violator program, public works user
fees................................................. 182,100
Telephone fees and commissions......................... 902,600
State general fund/general purpose..................... $ 145,020,900
Sec. 105. COMMUNITY CORRECTIONS
Full-time equated classified positions........... 17.0
Community corrections administration--17.0 FTE
positions............................................ $ 1,674,300
Residential services................................... 16,925,500
Community corrections comprehensive plans and services. 12,533,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Alternatives to prison jail program.................... 1,619,600
Alternatives to prison treatment program............... 400,000
Felony drunk driver jail reduction and community
treatment program.................................... 2,097,400
County jail reimbursement program...................... 13,249,000
GROSS APPROPRIATION.................................... $ 48,548,900
Appropriated from:
Special revenue funds:
Telephone fees and commissions......................... 12,289,500
Civil infraction fees.................................. 7,000,000
Parole and probation oversight fees set-aside.......... 400,000
State general fund/general purpose..................... $ 28,859,400
Sec. 106. CONSENT DECREES
Average population................................ 200
Full-time equated classified positions.......... 471.3
Hadix consent decree--138.0 FTE positions.............. $ 10,085,500
DOJ, consent decree--106.8 FTE positions............... 9,097,400
DOJ, psychiatric plan - MDCH mental health services.... 67,048,800
DOJ, psychiatric plan - MDOC staff and
services--226.5 FTE positions........................ 16,022,700
GROSS APPROPRIATION.................................... $ 102,254,400
Appropriated from:
State general fund/general purpose..................... $ 102,254,400
Sec. 107. HEALTH CARE
Full-time equated classified positions.......... 930.6
Health care administration--21.0 FTE positions......... $ 2,303,100
Hospital and specialty care services................... 58,409,100
Vaccination program.................................... 991,200
Northern region clinical complexes--242.4 FTE
positions............................................ 27,032,600
Southeastern region clinical complexes--362.8 FTE
positions............................................ 49,599,100
Southwestern region clinical complexes--304.4 FTE
positions............................................ 33,776,600
GROSS APPROPRIATION.................................... $ 172,111,700
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 331,400
State general fund/general purpose..................... $ 171,780,300
Sec. 108. CORRECTIONAL FACILITIES ADMINISTRATION
Average population.............................. 1,382
Full-time equated classified positions.......... 886.2
Correctional facilities administration--44.0 FTE
positions............................................ $ 5,907,300
Housing inmates in federal institutions................ 552,600
Education services and federal education
grants--10.0 FTE positions........................... 5,671,800
Federal school lunch program........................... 712,800
Leased beds and alternatives to leased beds............ 100
Inmate housing fund--421.7 FTE positions............... 40,762,000
Average population.............................. 1,382
Academic/vocational programs--410.5 FTE positions...... 34,181,100
GROSS APPROPRIATION.................................... $ 87,787,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 520,000
Federal revenues:
DOJ-BOP, federal prisoner reimbursement................ 372,600
DED-OESE, title I...................................... 517,700
DED-OVAE, adult education.............................. 1,877,800
DED, adult literacy grants............................. 305,900
DED-OSERS.............................................. 100,400
DED, vocational education equipment.................... 275,200
Senate Bill No. 268 as amended June 15, 2005
DED, youthful offender/Specter grant................... 1,279,400
DOJ-OJP, serious and violent offender
reintegration initiative............................. 1,010,000
DAG-FNS, national school lunch......................... 712,800
SSA-SSI, incentive payment............................. 115,100
Federal prison rape grant.............................. 1,000,000
Special revenue funds:
Public works user fees................................. 73,200
Resident stores........................................ 127,700
State general fund/general purpose..................... $ 79,499,900
Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
Average population......................... <<14,966>>
Full-time equated classified positions.... <<4,169.2>>
Alger maximum correctional facility -
Munising--343.0 FTE positions........................ $ 30,683,000
Average population................................ 849
Baraga maximum correctional facility - Baraga--405.5
FTE positions........................................ 35,443,700
Average population.............................. 1,084
Chippewa correctional facility - Kincheloe--509.3
FTE positions........................................ 45,348,600
Average population.............................. 2,122
Kinross correctional facility - Kincheloe--581.3 FTE
positions............................................ 54,305,700
Average population.............................. 2,719
Marquette branch prison - Marquette--374.8 FTE
positions............................................ 35,126,500
Senate Bill No. 268 as amended June 15, 2005
Average population.............................. 1,070
<<Newberry correctional facility - Newberry--
345.4 FTE positions............................... 100
Average population.............................. 1,144>>
Oaks correctional facility - Eastlake--349.5 FTE
positions............................................ 34,445,100
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--281.2 FTE
positions............................................ 24,856,600
Average population.............................. 1,282
Pugsley correctional facility - Kingsley--220.4 FTE
positions............................................ 18,615,500
Average population................................ 954
Saginaw correctional facility - Freeland--356.0 FTE
positions............................................ 32,398,300
Average population.............................. 1,480
Standish maximum correctional facility -
Standish--402.8 FTE positions........................ 36,852,900
Average population.............................. 1,106
GROSS APPROPRIATION.................................... $ <<348,076,000>>
Appropriated from:
Special revenue funds:
Public works user fees................................. 452,700
Resident stores........................................ 1,064,500
State general fund/general purpose..................... $ <<346,558,800>>
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Average population............................. 15,733
Full-time equated classified positions........ 4,194.9
Cooper Street correctional facility - Jackson--267.8
FTE positions........................................ $ 24,977,300
Senate Bill No. 268 as amended June 15, 2005
Average population.............................. 1,360
G. Robert Cotton correctional facility -
Jackson--429.3 FTE positions......................... 38,372,900
Average population.............................. 1,854
Charles E. Egeler correctional facility -
Jackson--530.4 FTE positions......................... 51,064,100
Average population.............................. 1,591
Gus Harrison correctional facility - Adrian--515.8
FTE positions........................................ 46,368,300
Average population.............................. 2,262
Macomb correctional facility - New Haven--321.5 FTE
positions............................................ 28,078,900
Average population.............................. 1,228
Mound correctional facility - Detroit--284.8 FTE
positions............................................ 25,683,600
Average population.............................. 1,051
Parnall correctional facility - Jackson--264.4 FTE
positions............................................ 24,129,700
Average population.............................. 1,348
Ryan correctional facility - Detroit--309.8 FTE
positions............................................ 27,908,500
Average population.............................. 1,059
Robert Scott correctional facility - Plymouth--332.5
FTE positions........................................ 28,725,300
Average population............................ <<880>>
Southern Michigan correctional facility -
Jackson--418.8 FTE positions......................... 36,011,000
Senate Bill No. 268 as amended June 15, 2005
Average population.......................... <<1,481>>
Thumb correctional facility - Lapeer--313.8 FTE
positions............................................ 29,960,100
Average population.............................. 1,219
Special alternative incarceration program - Cassidy
Lake--126.0 FTE positions............................ 10,935,900
Average population................................ 400
Jackson area support and services - Jackson--80.0
FTE positions........................................ 13,649,300
GROSS APPROPRIATION.................................... $ 385,864,900
Appropriated from:
Intradepartmental transfer revenues:
Federal revenues:
DOJ, state criminal alien assistance program........... 985,500
Special revenue funds:
Public works user fees................................. 365,400
Resident stores........................................ 1,403,900
State general fund/general purpose..................... $ 383,110,100
Sec. 111. SOUTHWESTERN REGION CORRECTIONAL FACILITIES
Average population............................. 18,354
Full-time equated classified positions........ 4,343.5
Bellamy Creek correctional facility - Ionia--472.1
FTE positions........................................ $ 45,180,600
Average population.............................. 1,830
Earnest C. Brooks correctional facility -
Muskegon--478.9 FTE positions........................ 43,722,600
Average population.............................. 2,200
Carson City correctional facility - Carson
City--502.6 FTE positions............................ 46,190,400
Average population.............................. 2,200
Richard A. Handlon correctional facility -
Ionia--256.2 FTE positions........................... 23,696,900
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--323.8
FTE positions........................................ 28,263,500
Average population................................ 667
Lakeland correctional facility - Coldwater--689.3
FTE positions........................................ 62,691,100
Average population................................... 2,992
Muskegon correctional facility - Muskegon--254.4 FTE
positions............................................ 24,539,500
Average population.............................. 1,310
Pine River correctional facility - St. Louis--231.6
FTE positions........................................ 20,553,100
Average population.............................. 1,120
Riverside correctional facility - Ionia--519.8 FTE
positions............................................ 48,105,300
Average population.............................. 2,331
St. Louis correctional facility - St. Louis--614.8
FTE positions........................................ 53,544,600
Average population.............................. 2,384
GROSS APPROPRIATION.................................... $ 396,487,600
Appropriated from:
Special revenue funds:
Senate Bill No. 268 as amended June 15, 2005
Public works user fees................................. 240,300
Resident stores........................................ 1,638,200
State general fund/general purpose..................... $ 394,609,100
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ <<15,532,800>>
GROSS APPROPRIATION.................................... $ <<15,532,800>>
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 11,200
Parole and probation oversight fees set-aside.......... 523,500
State general fund/general purpose..................... $ <<14,998,100>>
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2005-2006 is <<$1,842,586,600.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $87,830,400.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff................................................ $ 43,561,000
Public service work projects........................... 10,643,800
Community corrections comprehensive plans and
services............................................. 12,533,000
Community corrections residential services............. 16,925,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program.................................... 2,097,400
Alternatives to prison jail program.................... 1,619,600
Alternatives to prison treatment program............... 400,000
Regional jail program.................................. 100
TOTAL.................................................. $ 87,830,400
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DAG - FNS" means the DAG food and nutrition service.
(c) "DED" means the United States department of education.
(d) "DED - OESE" means the DED office of elementary and secondary
education.
(e) "DED - OSERS" means the DED office of special education and
rehabilitative services.
(f) "DED - OVAE" means the DED office of vocational and adult
education.
(g) "Department" or "MDOC" means the Michigan department of
corrections.
(h) "DOJ" means the United States department of justice.
(i) "DOJ - BOP" means the DOJ bureau of prisons.
(j) "DOJ - OJP" means the DOJ office of justice programs.
(k) "FTE" means full-time equated.
(l) "IDG" means interdepartmental grant.
(m) "IDT" means intradepartmental transfer.
(n) "MDCH" means the Michigan department of community health.
(o) "MDSP" means the Michigan department of state police.
(p) "MPRI" means the Michigan prisoner reentry initiative.
(q) "OCC" means office of community corrections.
(r) "SSA" means the United States social security administration.
(s) "SSA - SSI" means SSA supplemental security income.
Sec. 204. The department of civil service shall bill departments
and agencies at the end of the first fiscal quarter for the 1%
charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state classified
civil service. State departments and agencies are prohibited from
hiring any new full-time state classified civil service employees
and prohibited from filling any vacant state classified civil
service positions. This hiring freeze does not apply to internal
transfers of classified employees from 1 position to another within
a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exception.
Sec. 206. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 207. At least 120 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate senate and house of representatives appropriations
subcommittees and the senate and house fiscal agencies. The plan
shall include the criteria under which the privatization initiative
will be evaluated. The evaluation shall be completed and submitted
to the appropriate senate and house of representatives
appropriations subcommittees and the senate and house fiscal
agencies within 30 months.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement or
it may include placement of reports on an Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for the
purchase of foreign goods or services, or both, if competitively
priced and comparable quality American goods or services, or both,
are available. Preference should be given to goods or services, or
both, manufactured or provided by Michigan businesses if they are
competitively priced and of comparable quality.
Sec. 210. 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.
Sec. 211. (1) Pursuant to the provisions of civil service rules
and regulations and applicable collective bargaining agreements,
individuals seeking employment with the department shall submit to
a controlled substance test. The test shall be administered by the
department.
(2) Individuals seeking employment with the department who
refuse to take a controlled substance test or who test positive for
the illicit use of a controlled substance on such a test shall be
denied employment.
Sec. 212. The department may charge fees and collect revenues in
excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, public work programs, and
emergency services provided to units of government. The revenues
and fees collected shall be appropriated for all expenses
associated with these services and activities.
Sec. 214. Preference should be given to purchasing produce from
Michigan growers and processors when their produce is competitively
priced and of comparable quality.
Sec. 216. By February 15, 2006, the department shall provide the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a report detailing nongeneral fund/general
purpose sources of revenue, including, but not limited to, federal
revenues, state restricted revenues, local and private revenues,
offender reimbursements and other payments, revolving funds, and 1-
time sources of revenue, whether or not such revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2004-2005, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2004-2005, the account balance at the close of fiscal year
2004-2005, and the projected revenues and expenditures for fiscal
year 2005-2006.
Sec. 217. From the funds appropriated in part 1 for information
technology, the department shall pay user fees to the department of
information technology for technology-related services and
projects. Such user fees shall be subject to provisions of an
interagency agreement between the departments and agencies and the
department of information technology.
Sec. 218. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support department of corrections technology projects under the
direction of the department of information technology. Funds
designated in this manner are not available for expenditure until
approved as work projects under section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 221. (1) Due to the current budgetary problems in this
state, except as provided in subsection (2), out-of-state travel
for the fiscal year ending September 30, 2006 is limited to
situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, the department shall
prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
EXECUTIVE
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates by February 1, 2006 to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget director.
Sec. 402. The department shall prepare by April 1, 2006
individual reports for the technical rule violator program, the
community residential program, the electronic tether program, and
the special alternative to incarceration program. The reports shall
be submitted to the house and senate appropriations subcommittees
on corrections, the house and senate fiscal agencies, and the state
budget director. The reports shall include the following:
(a) Monthly new participants.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of program location(s), capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 404. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director by April 1, 2006 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. 405. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) To the extent policies or programs described in subsection
(1) are used, developed, or contracted for, the department may
request that funds appropriated in part 1 be transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393, for their operation.
(3) The department shall continue to utilize parole violator
processing guidelines that require parole agents to utilize all
available appropriate community-based, nonincarcerative postrelease
sanctions and services when appropriate. The department shall
periodically evaluate such guidelines for modification, in response
to emerging information from the pilot projects for substance abuse
treatment provided under this act and applicable provisions of
prior budget acts for the department.
(4) By May 1, 2006, the department shall report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director the number
of all parolees returned to prison and probationers sentenced to
prison for either a technical violation or new sentence from
October 1, 2005 through March 30, 2006 disaggregated by new offense
Senate Bill No. 268 as amended June 15, 2005
or violation type. After May 1, 2006, the department shall provide
monthly reports.
Sec. 406. 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
pursuant to the local corrections officers training act, 2003 PA
125, MCL 791.531 to 791.546.
Sec. 407. From the funds appropriated in part 1, the department
shall maintain and make publicly accessible the files of all felony
offenders even after an offender is no longer under the
department's jurisdiction on the offender tracking information
system in the same manner as files of current offenders.
Sec. 408. By March 1, 2006, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director a
list of the number of offenders and types of offenses committed by
current prisoners who had previously served their maximum sentence
and been released from prison.
<<Sec. 409. By January 1, 2006, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the potential for expansion of Michigan state industries clothing textile manufacturing and sales in the private market of clothing textiles not currently being manufactured in Michigan.>>
ADMINISTRATION AND PROGRAMS
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. (1) The department shall screen and assess each
prisoner for alcohol and other drug involvement to determine the
need for further treatment. The assessment process shall be
designed to identify the severity of alcohol and other drug
addiction and determine the treatment plan, if appropriate.
(2) Subject to the availability of funding resources, the
department shall provide substance abuse treatment to prisoners
with priority given to those prisoners who are most in need of
treatment and who can best benefit from program intervention based
on the screening and assessment provided under subsection (1).
Sec. 503. (1) In expending residential substance abuse treatment
services funds appropriated by this act, the department shall
ensure to the maximum extent possible that residential substance
abuse treatment services are available statewide.
(2) It is the intent of the legislature that the funds
appropriated in part 1 for substance abuse testing and treatment be
fully expended only for substance abuse testing and treatment.
(3) By April 1, 2006, the department shall report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on the
allocation, distribution, and expenditure of all funds appropriated
by the substance abuse testing and treatment line item during
fiscal year 2004-2005 and projected for fiscal year 2005-2006. The
report shall include, but not be limited to, an explanation of an
anticipated year-end balance, the number of participants in
substance abuse programs, and the number of offenders on waiting
lists for residential substance abuse programs. Information
required by this subsection shall, where possible, be separated by
MDOC administrative region and by offender type, including, but not
limited to, a distinction between prisoners, parolees, and
probationers.
Sec. 504. The department shall provide quarterly reports on the
Michigan youth correctional facility to the members of the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director. The
reports shall provide information relevant to an assessment of the
safety and security of the institution, including, but not limited
to, information on the number of critical incidents by type
occurring at the facility, the number of custody staff at the
facility, staff turnover rates, staff vacancy rates, overtime
reports, prisoner grievances, and number and severity of assaults
occurring at the facility. The reports also shall provide
information on programming available at the facility and on program
enrollments, including, but not limited to, academic/vocational
programs, counseling programs, mental health treatment programs,
substance abuse treatment programs, and cognitive restructuring
programs.
Sec. 505. The department shall require the contract monitor for
the Michigan youth correctional facility to provide a manual to
each prisoner at intake that details programs and services
available at the facility, the processes by which prisoner
complaints and grievances can be pursued, and the identity of staff
available at the facility to answer questions regarding the
information in the manual. The contract monitor shall obtain
written verification of receipt from each prisoner receiving the
manual. The contract monitor also shall answer prisoner questions
regarding facility programs, services, and grievance procedures.
Sec. 506. It is the intent of the legislature that the
department of corrections renegotiate both the management and lease
contracts with the GEO corporation for the Michigan youth
correctional facility in order to achieve $1,000,000.00 in savings
for fiscal year 2005-2006 and each year thereafter. If reopened,
the revised contract shall require that the Michigan youth
correctional facility fulfill the same standards for operating and
staffing guard towers as are in place in a department facility of
the same security level.
Sec. 507. (1) The department shall develop and maintain a
statewide waiting list for offenders referred for assessment for
the assaultive offender program for parole eligibility and, if
possible, shall transfer prisoners into facilities where assaultive
offender programs are available in order to facilitate timely
participation and completion prior to parole eligibility hearings.
(2) By March 1, 2006, the department shall identify all
prisoners who have successfully completed assaultive offender
therapy and have been denied parole despite positive therapy
reports. The report shall provide the following information for
each offender:
(a) A parole guideline score.
(b) The offense.
(c) The prior record.
(d) Institutional conduct.
(e) The number of years past earliest release date.
(f) The reason for denial of parole.
Sec. 508. (1) The department shall provide monthly reports to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
on the status and recidivism levels of offenders who participated
in the MPRI and have been released. The data should be broken out
by the following 4 offender types: drug, nonassaultive, assaultive,
and sex.
(2) By September 30, 2006, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director a
comparison of the overall recidivism rates and length of time prior
to prison return of offenders who participated in the MPRI with
those of offenders who did not. The report should disaggregate the
information by each pilot site in order to compare the practices
and success rates of each pilot.
(3) If practicable, the department shall include prisoners
nearing their maximum sentence in the prison phases of the MPRI.
Sec. 509. From the funds appropriated in part 1, the department
shall provide training and materials developed with the receipt of
the federal prison rape elimination grant to the staff and
prisoners at the Michigan youth correctional facility in addition
to the department's facilities.
Sec. 510. The department may contract with a nationally
recognized, experienced agency within the state of Michigan to
conduct a complete and thorough quantitative and qualitative study
of youth in the juvenile and adult correction systems. The study
shall include, but not be limited to, demographic characteristics
including race, ethnicity, and gender; offenses; adjudication;
programs available and utilization of those programs; outcomes; and
aftercare. The department shall submit the results of this study to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
by October 30, 2006.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. From the funds appropriated in part 1, the department
shall conduct a statewide caseload audit of field agents. The audit
shall address public protection issues and assess the ability of
the field agents to complete their professional duties. The results
of the audit shall be submitted to the senate and house
appropriations subcommittees on corrections and the senate and
house fiscal agencies, and the state budget office by September 30,
2006.
Sec. 602. (1) Of the amount appropriated in part 1 for field
operations, a sufficient amount shall be allocated for the
community service work program and shall be used for salaries and
wages and fringe benefit costs of community service coordinators
employed by the department to supervise offenders participating in
work crew assignments. Funds shall also be used to cover motor
transport division rates on state vehicles used to transport
offenders to community service work project sites.
(2) The community service work program shall provide offenders
with community service work of tangible benefit to a community
while fulfilling court-ordered community service work sanctions and
other postconviction obligations.
(3) As used in this section, "community service work" means work
performed by an offender in an unpaid position with a nonprofit or
tax-supported or government agency for a specified number of hours
of work or service within a given time period.
Sec. 603. (1) All prisoners, probationers, and parolees involved
with the electronic tether program shall reimburse the department
for the equipment costs and telephone charges associated with their
participation in the program. The department may require community
service work reimbursement as a means of payment for those able-
bodied individuals unable to pay for the cost of the equipment.
(2) Program participant contributions and local community tether
program reimbursement for the electronic tether program
appropriated in part 1 are related to program expenditures and may
be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding
to implement the community tether program to be administered by the
department. The community tether program is intended to provide
sentencing judges and county sheriffs in coordination with local
community corrections advisory boards access to the state's
electronic tether program to reduce prison admissions and improve
local jail utilization. The department shall determine the
appropriate distribution of the tether units throughout the state
based upon locally developed comprehensive corrections plans
pursuant to the community corrections act, 1988 PA 511, MCL 791.401
to 791.414.
(4) For a fee determined by the department, the department shall
provide counties with the tether equipment, replacement parts,
administrative oversight of the equipment's operation, notification
of violators, and periodic reports regarding county program
participants. Counties are responsible for tether equipment
installation and service. For an additional fee as determined by
the department, the department shall provide staff to install and
service the equipment. Counties are responsible for the
coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days
shall be considered in violation of the community tether program
agreement and lose access to the program.
Sec. 604. Community-placement prisoners and parolees shall
reimburse the department for the operational costs of the program.
As an alternative method of payment, the department may develop a
community service work schedule for those individuals unable to
meet reimbursement requirements established by the department.
Sec. 606. (1) The department shall conduct or contract for a
study of parole and probation agent workloads. The study shall
analyze agent workloads, caseloads, and responsibilities and
provide recommendations for changes to workload computations and
offender-agent workload or caseload ratios.
(2) By April 1, 2006, the department shall report to the senate
Senate Bill No. 268 as amended June 15, 2005
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on the
progress of the study, including information on study timelines,
objectives, and methodology.
Sec. 608. (1) Funds appropriated in part 1 for the parole and
probation special operations program are appropriated for the
purpose of funding law enforcement officer escorts for field agents
making unscheduled visits to verify offenders' whereabouts and
activities in selected precincts in cities with a population of
more than 750,000 according to the most recent United States
decennial census. As used in this section, "unscheduled visits"
means visits to locations other than governmental offices between
the hours of 5 p.m. and 8 a.m. and made without appointment with
the supervised offender.
(2) It is the intent of the legislature that in the course of
expending funds appropriated under part 1 for field operations, the
department shall cooperate with the department of attorney general
and law enforcement agencies <<either located in or with jurisdiction
>>in cities with a population of more
than 750,000 according to the most recent United States decennial
census in assigning field agents to conduct unscheduled visits in
selected police precincts in cities with a population of more than
750,000 according to the most recent United States decennial
census.
COMMUNITY CORRECTIONS
Sec. 701. (1) The office of community corrections shall provide
and coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. The programs and services that shall be offered
include, but are not limited to, all of the following:
(a) Technical assistance for comprehensive corrections plan
development.
(b) New program start-up funding.
(c) Program funding for those programs delivering services for
eligible offenders in geographic areas identified by the office of
community corrections as having a shortage of available services.
(d) Technical assistance.
(e) Referral services for education.
(f) Employment services.
(g) Substance abuse.
(h) Family counseling.
(2) As used in this act:
(a) "Alternative to incarceration in a state facility or jail"
means a program that involves offenders who receive a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail based on historical local sentencing
patterns or that constitutes a reduction in the length of sentence
in a jail.
(b) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce prison commitment rates, to reduce the length of stay in a
jail, or to improve the utilization of a jail.
(c) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(d) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(e) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not increase the risk to
the public safety, who have not demonstrated a pattern of violent
behavior, and who do not have criminal records that indicate a
pattern of violent offenses.
(f) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
Sec. 702. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage,
through technical assistance grants, the development,
implementation, and operation of community corrections programs
that serve as an alternative to incarceration in a state facility
or jail. The comprehensive corrections plans shall include an
explanation of all of the following:
(a) How the public safety will be maintained.
(b) The goals for the local jurisdiction.
(c) The offender target populations intended to be affected.
(d) Offender eligibility criteria for purposes outlined in the
plan.
(e) How the plans will meet the following objectives, consistent
with section 8(4) of the community corrections act, 1988 PA 511,
MCL 791.408:
(i) Reduce admissions to prison of nonviolent offenders who
would have otherwise received an active sentence, including
probation violators.
(ii) 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.
(iii) Open jail beds through the increase of pretrial release
options.
(iv) Reduce the readmission to prison of parole violators.
(v) Reduce the admission or readmission to prison of offenders,
including probation violators and parole violators, for substance
abuse violations.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, all of the following:
(a) The prison commitment rate by category of offenders.
(b) Trends in prison commitment rates and jail utilization.
(c) Historical trends in community corrections program capacity
and program utilization.
(d) The projected impact and outcome of annual policies and
procedures of programs on prison commitment rates and jail
utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of $47.50.
Sec. 703. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration program
(boot camp), probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plan and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408. The plans shall also include, where appropriate,
provisions that detail how the local communities plan to respond to
sentencing guidelines found in chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69, and the use of the
county jail reimbursement program under section 706 of this act.
The state community corrections board shall encourage local
community corrections boards to include in their comprehensive
corrections plans strategies to collaborate with local alcohol and
drug treatment agencies of the department of community health for
providing alcohol and drug screening, assessment, case management
planning, and delivery of treatment to alcohol- and drug-involved
offenders, including, but not limited to, probation and parole
violators who are at risk of revocation.
Sec. 704. (1) As part of the March biannual report specified in
section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, which requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director the following information for each county and
counties consolidated for comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans, including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range, by
disposition type, number, and percent statewide and by county,
current year, and comparisons to the immediately previous 3 years.
(2) The report described under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 705. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, and basic state-required jail data.
(2) The department shall be responsible for the collection,
analysis, and reporting of state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
basic jail data to the department.
Sec. 706. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails felons who
otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for housing and custody of convicted felons if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H under chapter XVII of the code of criminal procedure, 1927
PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months.
(3) State reimbursement under this section for prisoner housing
and custody expenses per diverted offender shall be $43.50 per diem
for not more than a total of 1 year.
(4) From the funds appropriated in part 1 for the county jail
reimbursement program, the department shall contract for an ongoing
study to determine the impact of the new legislative sentencing
guidelines. The study shall analyze sentencing patterns of
jurisdictions as well as future patterns in order to determine and
quantify the population impact on prisons and jails of the new
guidelines as well as to identify and define felon or crime
characteristics or sentencing guidelines scores that indicate a
felon is a prison diversion. The department shall contract for a
local and statewide study for this purpose and provide periodic
reports regarding the status and findings of the study to the house
and senate appropriations subcommittees on corrections, the house
and senate fiscal agencies, and the state budget director.
(5) The department, the Michigan association of counties, and
the Michigan sheriffs' association shall review the periodic
findings of the study required in subsection (4) and, if
appropriate, recommend modification of the criteria for
reimbursement contained in subsection (2). Any recommended
modification shall be forwarded to the house and senate
appropriations subcommittees on corrections and the state budget
office.
(6) The department shall reimburse counties for offenders in
jail based upon the reimbursement eligibility criteria in place on
the date the offender was originally sentenced for the reimbursable
offense.
(7) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for this purpose. Payments
to counties under the county jail reimbursement program shall be
made in the order in which properly documented requests for
reimbursements are received. A request shall be considered to be
properly documented if it meets MDOC requirements for
documentation. The department shall by October 15, 2005 distribute
the documentation requirements to all counties.
Sec. 707. (1) As a condition of receipt of the funds
appropriated in part 1 for community corrections plans and services
and probation residential centers, the department shall only award
those funds requested under a properly prepared and approved
comprehensive corrections plan submitted under section 8 of the
community corrections act, 1988 PA 511, MCL 791.408, or directly
applied for under section 10 of the community corrections act, 1988
PA 511, MCL 791.410.
(2) The department shall only halt funding for an entity funded
under section 8 of the community corrections act, 1988 PA 511, MCL
791.408, in instances of substantial noncompliance during the
period covered by the plan.
Sec. 708. (1) Funds included in part 1 for the felony drunk
driver jail reduction and community treatment program are
appropriated for and may be expended for any of the following
purposes:
(a) To increase availability of treatment options to reduce
drunk driving and drunk driving-related deaths by addressing the
alcohol addiction of felony drunk drivers who otherwise likely
would be sentenced to jail or a combination of jail and other
sanctions.
(b) To divert from jail sentences or to reduce the length of
jail sentences for felony drunk drivers who otherwise would have
been sentenced to jail and whose recommended minimum sentence
ranges under sentencing guidelines have upper limits of 18 months
or less, through funding programs that may be used in lieu of
incarceration and that increase the likelihood of rehabilitation.
(c) To provide a policy and funding framework to make additional
jail space available for housing convicted felons whose recommended
minimum sentence ranges under sentencing guidelines have lower
limits of 12 months or less and who likely otherwise would be
sentenced to prison, with the aim of enabling counties to meet or
exceed amounts received through the county jail reimbursement
program during fiscal year 2002-2003 and reducing the numbers of
felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony drunk
driver jail reduction and community treatment program shall be by
grant awards consistent with standards developed by a committee of
the state community corrections advisory board. The chairperson of
the committee shall be the board member representing county
sheriffs. Remaining members of the committee shall be appointed by
the chairperson of the board.
(3) In developing annual standards, the committee shall consult
with interested agencies and associations. The committee shall
develop standards consistent with the purposes specified in this
section, including application criteria, performance objectives and
measures, funding allocations, and allowable uses of the fund.
(4) Allowable uses of the fund include reimbursing counties for
transportation, treatment costs, and housing felony drunk drivers
during a period of assessment for treatment and case planning.
Reimbursements for housing during the assessment process shall be
at the rate of $43.50 per day per offender for not more than 5 days
per offender.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose sentencing
guidelines recommended minimum sentence ranges had upper limits of
18 months or less.
(6) Awards of funding under this section shall be provided
consistent with the local comprehensive corrections plans developed
under the community corrections act, 1988 PA 511, MCL 791.401 to
791.414. Funds awarded under this section may be used in
conjunction with funds awarded under grant programs established
under that act. Due to the need for felony drunk drivers to be
transitioned from county jails to community treatment services, it
is the intent of the legislature that local units of government
utilize funds received under this section to support county sheriff
departments.
(7) As used in this section, "felony drunk driver" means a felon
convicted of operating a motor vehicle under the influence of
intoxicating liquor or a controlled substance, or both, third or
subsequent offense, under section 625(9)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, or its predecessor statute,
punishable as a felony.
Sec. 709. By March 1, 2006, the department shall provide a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director concerning the number of prison diversions
accomplished through each of the following:
(a) The county jail reimbursement program.
(b) Community corrections comprehensive plans and services.
(c) Residential services.
(d) The felony drunk driver jail reduction and community
treatment program.
(e) The alternatives to prison jail program.
(f) The alternatives to prison treatment program.
CONSENT DECREES
Sec. 801. Funding appropriated in part 1 for consent decree line
items is appropriated into separate control accounts created for
each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree.
HEALTH CARE
Sec. 901. The department shall not expend funds appropriated
under part 1 for any surgery, procedure, or treatment to provide or
maintain a prisoner's sex change unless it is determined medically
necessary by the chief medical officer of the department.
Sec. 902. (1) As a condition of expenditure of the funds
appropriated in part 1, the department shall report to the senate
and house appropriations subcommittees on corrections on January 1,
2006 and July 1, 2006 the status of payments from contractors to
vendors for health care services provided to prisoners, as well as
the status of the contracts, and an assessment of prisoner health
care quality.
(2) It is the intent of the legislature that in the interest of
providing the most efficient and cost-effective delivery of health
care, local health care providers shall be considered and given an
opportunity to competitively bid as vendors under future managed
care contracts.
Sec. 903. There are sufficient funds and FTEs appropriated in
part 1 to provide a full complement of nurses for clinical
complexes working regular pay hours and it is the intent of the
legislature that sufficient nurses be hired or retained to limit
the use of overtime other-than-holiday pay.
Sec. 904. From the funds allocated in part 1 for health care
services, the department shall conduct a 1-year cost/benefit
analysis of privatizing pharmacy services and shall report the
findings of this 1-year cost/benefit analysis to the senate and
house appropriations subcommittees on corrections and the senate
and house fiscal agencies not less than 120 days before any effort
to privatize pharmacy services, unless a report is completed before
October 1, 2005.
Sec. 905. It is the intent of the legislature that, with the
funds appropriated in part 1 for hospital and specialty care
services, the department shall ensure that local providers of
ambulance services to prisoners be reimbursed within 60 days of the
filing of any uncontested claim for service.
Sec. 906. (1) The department shall identify and manage prisoners
who abuse the availability of medical services by obtaining
transportation to off-site medical care when unnecessary or
reasonably avoidable. In doing this, the department shall, when
appropriate, consult with off-site medical facilities on how to
accomplish this goal.
(2) By April 1, 2006, the department shall report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on its
activities and progress in implementing this section.
Sec. 907. The bureau of health care services shall develop
information on hepatitis C prevention and the risks associated with
exposure to hepatitis C, and the health care providers shall
disseminate this information verbally and in writing to each
prisoner at the health screening and full health appraisal
conducted at admissions, at the annual health care screening 1 week
before or after a prisoner's birthday, and prior to release to the
community by parole, transfer to community residential placement,
or discharge on the maximum.
Sec. 908. From the funds appropriated in part 1, the department
shall offer an alanine aminotransferase (ALT) test to each prisoner
who has received positive parole action. An explanation of results
of the test shall be provided confidentially to the prisoner prior
to release on parole, and if appropriate based on the test results,
the prisoner shall also be provided a recommendation to seek
follow-up medical attention in the community. The test shall be
voluntary; if the prisoner refuses to be tested, that decision
shall not affect parole release, conditions of parole, or parole
supervision.
Sec. 909. The department shall ensure that all medications for a
prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another.
Sec. 910. The department shall attempt to collect reimbursement
from health insurance providers for the health care of prisoners
who have retirement health insurance benefits. By April 1, 2006,
the department shall provide the members of the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director with a status report
on its efforts and the amount of reimbursement successfully
collected.
INSTITUTIONAL OPERATIONS
Sec. 1001. As a condition of expenditure of the funds
appropriated in part 1, the department shall ensure that smoking
areas are designated for use by prisoners and staff at each
facility. At a minimum, all outdoor areas within each facility's
perimeter shall be designated for smoking, except that smoking may
be forbidden within 20 feet of any building designated as
nonsmoking or smoke-free.
Sec. 1002. From the funds appropriated in part 1, the department
shall allocate sufficient funds to develop a pilot children's
visitation program. The pilot program shall teach parenting skills
and arrange for day visitation at these facilities for parents and
their children, except for the families of prisoners convicted of a
crime involving criminal sexual conduct in which the victim was
less than 18 years of age or involving child abuse.
Sec. 1003. The department shall prohibit prisoners access to or
use of the Internet or any similar system.
Sec. 1004. Any department employee who, in the course of his or
her job, is determined by a physician to have had a potential
exposure to the Hepatitis B virus, shall receive a Hepatitis B
vaccination upon request.
Sec. 1006. (1) The inmate housing fund shall be used for the
custody, treatment, clinical, and administrative costs associated
with the housing of prisoners other than those specifically
budgeted for elsewhere in this act. Funding in the inmate housing
fund is appropriated into a separate control account. Funding in
the control account shall be distributed as necessary into separate
accounts created to separately identify costs for specific
purposes.
(2) The department shall submit quarterly reports on all
expenditures from the inmate housing fund to the state budget
director, the senate and house appropriations subcommittees on
corrections, and the senate and house fiscal agencies.
Sec. 1007. The department shall establish a uniform rate to be
paid by agencies that benefit from public work services provided by
special alternative incarceration participants and prisoners.
Sec. 1009. By April 1, 2006, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
academic/vocational programs for the most recently completed
appropriation year. The report shall provide information relevant
to an assessment of the department's academic and vocational
programs, including, but not limited to, the following:
(a) The number of prisoners enrolled in each program, the number
of prisoners completing each program, and the number of prisoners
on waiting lists for each program.
(b) The steps the department has undertaken to improve programs
and reduce waiting lists.
(c) An explanation of the value and purpose of each program,
e.g., to improve employability, reduce recidivism, reduce prisoner
idleness, or some combination of these and other factors.
(d) An identification of program outcomes for each academic and
vocational program.
(e) An explanation of the department's plans for academic and
vocational programs.
Sec. 1010. (1) By February 1, 2006, the department shall report
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director, the percent of offenders included in the prison
population intake for fiscal years 2003-2004 and 2004-2005 who have
a high school diploma or a general educational development (G.E.D.)
certificate.
(2) By February 1, 2006, the department shall provide the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director with
statistical reports on the efficacy of both department-provided
prison general education and vocational education programs in
reducing offender recidivism rates. At a minimum, the report should
compare the recidivism rates of the following groups of offenders:
(a) Offenders who completed a GED while in prison and
participated in the MPRI.
(b) Offenders who completed a GED while in prison but did not
participate in the MPRI.
(c) Offenders who completed a vocational education program while
in prison and participated in the MPRI.
(d) Offenders who competed a vocational education program while
in prison but did not participate in the MPRI.
Sec. 1011. The department shall maintain the Michigan Braille
transcribing service at its current location at the correctional
complex located in Jackson.
Sec. 1012. By February 1, 2006, the department shall report to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
the number of critical incidents occurring each month by type and
the number and severity of assaults occurring each month at each
facility during calendar year 2005.
Sec. 1013. (1) The department shall implement a plan to remove
male corrections staff from the housing units in female prisons.
(2) The departments shall make the process of filing a claim of
sexual assault or harassment less intimidating by designating a
staff person in each facility to assist prisoners in filing a
complaint to ensure that it is not illegible or vague and does not
contain extraneous information.
(3) The department shall refer all complaints of criminal
conduct to the Michigan state police.