EXECUTIVE BUDGET BILL
February 23, 2005, Introduced by Rep. Whitmer and referred to the Committee on Appropriations.
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
Sec. 101. Subject to the conditions set forth in this bill, 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............................. 50,949
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 17,529.2
GROSS APPROPRIATION.................................... $ 1,883,642,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,043,800
ADJUSTED GROSS APPROPRIATION............................ $ 1,882,598,800
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.................. 66,590,000
State general fund/general purpose..................... $ 1,805,280,300
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions.......... 253.2
Unclassified positions--16.0 FTE positions............. $ 1,368,800
Executive direction--32.0 FTE positions................ 3,779,000
Policy and strategic planning--52.0 FTE positions...... 5,552,400
Prisoner reintegration programs--4.0 FTE positions..... 12,878,700
Human resources--165.2 FTE positions................... 14,343,600
Human resources optimization user charges.............. 1,299,200
Training............................................... 3,602,000
Worker’s compensation.................................. 18,899,000
Sheriffs’ coordinating and training office............. 2,000,000
GROSS APPROPRIATION.................................... $ 63,722,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 523,800
Federal revenues:
Federal revenues and reimbursements.................... 1,035,000
Special revenue funds:
State restricted revenues and reimbursements........... 2,000,000
State general fund/general purpose..................... $ 60,163,900
Sec. 103. ADMINISTRATION AND PROGRAMS
Full-time equated classified positions.......... 290.9
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
Compensatory buyout and union leave bank............... 275,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 53,597,800
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 729,400
Special revenue funds:
State restricted revenues and reimbursements........... 18,758,700
State general fund/general purpose..................... $ 34,109,700
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Average population................................ 310
Full-time equated classified positions........ 1,978.4
Field operations--1,796.1 FTE positions................ $ 140,401,300
Parole board operations--29.0 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.................................... $ 164,944,800
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 411,700
State restricted revenues and reimbursements........... 19,762,200
State general fund/general purpose..................... $ 144,770,900
Sec. 105. COMMUNITY CORRECTIONS
Full-time equated classified positions........... 16.0
Community corrections administration--16.0 FTE
positions............................................ $ 1,674,300
Residential services................................... 16,328,400
Community corrections comprehensive plans and services. 17,533,000
Jail capacity expansion program........................ 1,000,000
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.................................... $ 53,951,800
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 19,689,500
State general fund/general purpose..................... $ 34,262,300
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..... 72,048,800
DOJ psychiatric plan - MDOC staff and services--226.5
FTE positions........................................ 16,022,700
GROSS APPROPRIATION.................................... $ 107,254,400
Appropriated from:
State general fund/general purpose..................... $ 107,254,400
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
Hepatitis C testing and treatment...................... 1,150,000
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.................................... $ 173,261,700
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 331,400
State general fund/general purpose..................... $ 172,930,300
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............... 40,779,700
Average population.............................. 1,382
Academic/vocational programs--410.5 FTE positions...... 34,181,100
GROSS APPROPRIATION.................................... $ 87,805,400
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 520,000
Federal revenues:
Federal revenues and reimbursements.................... 7,566,900
Special revenue funds:
State restricted revenues and reimbursements........... 200,900
State general fund/general purpose..................... $ 79,517,600
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........................................ $ 30,696,200
Average population................................ 849
Baraga maximum correctional facility - Baraga--405.5
FTE positions........................................ 35,460,500
Average population.............................. 1,084
Chippewa correctional facility - Kincheloe--509.3
FTE positions........................................ 45,506,300
Average population.............................. 2,122
Kinross correctional facility - Kincheloe--581.3 FTE
positions............................................ 54,343,200
Average population.............................. 2,719
Marquette branch prison - Marquette--374.8 FTE
positions............................................ 35,143,900
Average population.............................. 1,070
Newberry correctional facility - Newberry--345.4 FTE
positions............................................ 29,619,400
Average population.............................. 1,144
Oaks correctional facility - Eastlake--349.5 FTE
positions............................................ 35,215,200
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--281.2 FTE
positions............................................ 24,875,200
Average population.............................. 1,282
Pugsley correctional facility - Kingsley--220.4 FTE
positions............................................ 18,630,200
Average population................................ 954
Saginaw correctional facility - Freeland--356.0 FTE
positions............................................ 32,421,100
Average population.............................. 1,480
Standish maximum correctional facility - Standish
--402.8 FTE positions................................ 36,870,000
Average population.............................. 1,106
GROSS APPROPRIATION.................................... $ 378,781,200
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 1,664,800
State general fund/general purpose..................... $ 377,116,400
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Average population............................. 15,737
Full-time equated classified positions........ 4,189.9
Cooper Street correctional facility - Jackson--267.8
FTE positions........................................ $ 24,998,300
Average population.............................. 1,360
G. Robert Cotton correctional facility - Jackson--429.3
FTE positions........................................ 38,399,600
Average population.............................. 1,854
Charles E. Egeler reception center - Jackson--525.4
FTE positions........................................ 51,095,900
Average population.............................. 1,591
Gus Harrison correctional facility - Adrian--515.8
FTE positions........................................ 46,400,700
Average population.............................. 2,262
Macomb correctional facility - New Haven--321.5 FTE
positions............................................ 28,097,800
Average population.............................. 1,228
Mound correctional facility - Detroit--284.8 FTE
positions............................................ 25,719,800
Average population.............................. 1,051
Parnall correctional facility - Jackson--264.4 FTE
positions............................................ 24,149,800
Average population.............................. 1,348
Ryan correctional facility - Detroit--309.8 FTE
positions............................................ 27,964,700
Average population.............................. 1,059
Robert Scott correctional facility - Plymouth--332.5
FTE positions........................................ 28,738,800
Average population................................ 884
Southern Michigan correctional facility - Jackson--
418.8 FTE positions.................................. 36,033,800
Average population.............................. 1,481
Thumb correctional facility - Lapeer--313.8 FTE
positions............................................ 31,357,900
Average population.............................. 1,219
Special alternative incarceration program - Cassidy
Lake--126.0 FTE positions............................ 10,942,200
Average population................................ 400
Jackson area support and services - Jackson--80.0
FTE positions........................................ 13,649,300
GROSS APPROPRIATION.................................... $ 387,548,600
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 985,500
Special revenue funds:
State restricted revenues and reimbursements........... 1,769,300
State general fund/general purpose..................... $ 384,793,800
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........................................ $ 45,208,800
Average population.............................. 1,830
Earnest C. Brooks correctional facility - Muskegon--
478.9 FTE positions.................................. 43,781,500
Average population.............................. 2,200
Carson City correctional facility - Carson City--502.6
FTE positions........................................ 46,224,300
Average population.............................. 2,200
Richard A. Handlon correctional facility - Ionia--
256.2 FTE positions.................................. 23,717,300
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--323.8
FTE positions........................................ 28,273,700
Average population................................ 667
Lakeland correctional facility - Coldwater--689.3
FTE positions........................................ 62,734,600
Average population.............................. 2,992
Muskegon correctional facility - Muskegon--254.4
FTE positions........................................ 24,619,600
Average population.............................. 1,310
Pine River correctional facility - St. Louis--231.6
FTE positions........................................ 20,617,800
Average population.............................. 1,120
Riverside correctional facility - Ionia--519.8
FTE positions........................................ 48,138,900
Average population.............................. 2,331
St. Louis correctional facility - St. Louis--614.8
FTE positions........................................ 53,618,800
Average population.............................. 2,384
GROSS APPROPRIATION.................................... $ 396,935,300
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 1,878,500
State general fund/general purpose..................... $ 395,056,800
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 15,838,900
GROSS APPROPRIATION.................................... $ 15,838,900
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 534,700
State general fund/general purpose..................... $ 15,304,200
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 $1,871,870,300.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $93,233,300.00. The
itemized statement below identifies appropriations from which
spending to units of local 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............................................. 17,533,000
Jail capacity expansion program........................ 1,000,000
Community corrections residential services............. 16,328,400
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.................................................. $ 93,233,300
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" or "MDOC" means the Michigan department of
corrections.
(b) "DOJ" means the United States department of justice.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDCH" means the Michigan department of community health.
(g) "MDSP" means the Michigan department of state police.
(h) "OCC" means office of community corrections.
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. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this bill.
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. 207. 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. 208. 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. 209. From the funds appropriated in part 1 for information
technology, departments and agencies 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. 210. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of 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. 211. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2006 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states 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 senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, each department shall
prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department’s budget. The report shall be
submitted to the chairs and members of the senate and house of
representatives standing committees on appropriations, 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.
Sec. 212. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $20,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the department of management
and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the department of management and budget
act, 1984 PA 431, MCL 18.1393.
Sec. 213. (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. 214. 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.
SUBSTANCE ABUSE TESTING AND TREATMENT
Sec. 301. (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).
EXECUTIVE
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates by February 15, 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. 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 bill and applicable provisions of
prior budget acts for the department.
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.
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 total costs of the program. As an
alternative method of payment, the department may develop a
community service work schedule for those individuals unable to
meet reimbursement requirements established by the department.
Sec. 606. (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
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.
COMMUNITY CORRECTIONS
Sec. 701. The office of community corrections shall provide and
coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. Programs and services to be offered shall include,
but are not limited to, technical assistance for comprehensive
corrections plan development, new program start-up funding, program
funding for those programs delivering services for eligible
offenders in geographic areas identified by the office of community
corrections as having a shortage of available services, technical
assistance, referral services for education, employment services,
and substance abuse and family counseling. As used in this bill:
(a) "Alternative to incarceration in a state facility or jail"
means a program that involves offenders who receive a sentencing
disposition which appears to be in place of incarceration in a
state correctional facility or jail based on historical local
sentencing patterns or which amounts to 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 the
development through technical assistance grants, 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 how
the public safety will be maintained, the goals for the local
jurisdiction, offender target populations intended to be affected,
offender eligibility criteria for purposes outlined in the plan,
and how the plans will meet the following objectives, consistent
with section 8(4) of the community corrections act, 1988 PA 511,
MCL 791.408:
(a) Reduce admissions to prison of nonviolent offenders who
would have otherwise received an active sentence, 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.
(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 prison commitment rates and
jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $43.00.
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 pursuant to section 706 of this
bill. 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
the provision of 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 prior 3 years.
(2) The report required 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 up to a 1-year total.
(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. 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. Standards developed by
the committee shall include application criteria, performance
objectives and measures, funding allocations, and allowable uses of
the fund, consistent with the purposes specified in this section.
(4) Allowable uses of the fund shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose 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.
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. 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’ 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.
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 bill. Funding in the inmate housing
fund is appropriated into a separate control account. Funding in
the control account shall be distributed as necessary into separate
accounts created to separately identify costs for specific
purposes.
(2) Quarterly reports on all expenditures from the inmate
housing fund shall be submitted by the department to the state
budget director, the senate and house appropriations subcommittees
on corrections, and the senate and house fiscal agencies.
Sec. 1007. The department shall establish a uniform rate to be
paid by agencies that benefit from public work services provided by
prisoners and boot camp participants.