FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5272, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
(attached)
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
_______________________ ________________________
Dave Pagel John Proos
_______________________ ________________________
Chris Afendoulis Marty Knollenberg
_______________________ ________________________
Jeff Irwin Vincent Gregory
Conferees for the House Conferees for the Senate
SUBSTITUTE FOR
HOUSE BILL NO. 5272
A bill to make appropriations for the department of
corrections for the fiscal year ending September 30, 2017; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2017, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................... 43,655
Full-time equated unclassified positions........... 16.0
Full-time equated classified positions......... 13,803.9
GROSS APPROPRIATION.................................... $ 2,002,729,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 2,002,729,000
Federal revenues:
Total federal revenues................................. 5,523,700
Special revenue funds:
Total local revenues................................... 8,692,800
Total private revenues................................. 0
Total other state restricted revenues.................. 36,554,600
State general fund/general purpose..................... $ 1,951,957,900
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 20.0
Unclassified positions--16.0 FTE positions............. $ 1,793,800
Executive direction--20.0 FTE positions................ 4,208,600
GROSS APPROPRIATION.................................... $ 6,002,400
Appropriated from:
State general fund/general purpose..................... $ 6,002,400
Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT
Full-time equated classified positions.......... 336.4
Prisoner reentry local service providers............... $ 13,208,600
Prisoner reentry MDOC programs......................... 9,624,100
Prisoner reentry federal grants........................ 750,000
Reentry services--70.0 FTE positions................... 14,965,100
Education program--266.4 FTE positions................. 37,712,800
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
Residential services................................... 15,475,500
Public safety initiative............................... 4,500,000
Goodwill Flip the Script............................... 1,500,000
GROSS APPROPRIATION.................................... $ 111,334,200
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
DOJ, second chance act reentry initiative.............. 500,000
Federal education funding.............................. 1,757,300
Special revenue funds:
Program and special equipment fund..................... 5,213,200
State general fund/general purpose..................... $ 103,613,700
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 247.0
Budget and operations administration--185.0 FTE
positions............................................ $ 24,696,700
Prison industries operations--62.0 FTE positions....... 9,837,400
New custody staff training............................. 9,216,500
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 14,171,300
Rent................................................... 2,349,100
Equipment and special maintenance...................... 1,559,700
Administrative hearings officers....................... 3,407,100
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 5,001,000
County jail reimbursement program...................... 15,064,600
GROSS APPROPRIATION.................................... $ 85,453,500
Appropriated from:
Federal revenues:
DOJ, prison rape elimination act grant................. 674,700
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Program and special equipment fund..................... 100
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 10,451,800
State general fund/general purpose..................... $ 68,326,900
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,194.6
Field operations--1,881.9 FTE positions................ $ 213,669,400
Detroit Detention Center--63.1 FTE positions........... 8,487,400
Detroit Reentry Center--216.6 FTE positions............ 27,073,900
Parole board operations--33.0 FTE positions............ 3,812,000
Parole/probation services.............................. 940,000
Parole sanction certainty pilot program................ 1,440,000
Supervising region incentive program................... 2,518,600
Criminal justice reinvestment.......................... 4,573,300
GROSS APPROPRIATION.................................... $ 262,514,600
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 205,400
Local revenues......................................... 8,487,400
Reentry center offender reimbursements................. 24,300
Parole and probation oversight fees.................... 4,428,600
Parole and probation oversight fees set-aside.......... 940,000
Tether program participant contributions............... 2,480,900
State general fund/general purpose..................... $ 245,948,000
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 318.0
Correctional facilities administration--21.0 FTE
positions............................................ $ 5,046,600
Prison food service.................................... 54,455,900
Transportation--211.0 FTE positions.................... 24,913,200
Central records--52.0 FTE positions.................... 6,015,600
Inmate legal services.................................. 790,900
Housing inmates in federal institutions................ 611,000
Prison store operations--34.0 FTE positions............ 3,294,200
Leased beds and alternatives to leased beds............ 100
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
GROSS APPROPRIATION.................................... $ 96,127,700
Appropriated from:
Federal revenues:
DOJ-BOP, federal prisoner reimbursement................ 411,000
SSA-SSI, incentive payment............................. 272,000
Special revenue funds:
Correctional industries revolving fund................. 569,000
Public works user fees................................. 1,000,000
Resident stores........................................ 3,294,200
State general fund/general purpose..................... $ 90,581,500
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,464.1
Health care administration--21.0 FTE positions......... $ 3,690,800
Prisoner health care services.......................... 69,880,400
Vaccination program.................................... 691,200
Interdepartmental grant to health and human services,
eligibility specialists.............................. 100,000
Mental health services and support--372.0 FTE
positions............................................ 60,465,700
Clinical complexes--1,051.1 FTE positions.............. 143,622,300
Hepatitis C treatment.................................. 14,935,000
Substance abuse testing and treatment services--8.0
FTE positions........................................ 21,590,600
Healthy Michigan plan administration--12.0 FTE
positions............................................ 1,100,700
GROSS APPROPRIATION.................................... $ 316,076,700
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 373,700
DOJ, Office of Justice Programs, RSAT.................. 250,200
Special revenue funds:
Prisoner health care copayments........................ 257,200
State general fund/general purpose..................... $ 315,195,600
Sec. 108. CORRECTIONAL FACILITIES
Average population............................. 43,655
Full-time equated classified positions........ 9,223.8
Alger Correctional Facility - Munising--260.0 FTE
positions............................................ $ 30,592,600
Baraga Correctional Facility - Baraga--294.8 FTE
positions............................................ 35,293,400
Bellamy Creek Correctional Facility - Ionia--390.2 FTE
positions............................................ 43,795,600
Earnest C. Brooks Correctional Facility - Muskegon--
440.9 FTE positions.................................. 50,687,600
Carson City Correctional Facility - Carson City--425.4
FTE positions........................................ 48,491,500
Central Michigan Correctional Facility - St. Louis--
391.6 FTE positions.................................. 46,681,300
Chippewa Correctional Facility - Kincheloe--435.1 FTE
positions............................................ 50,344,100
Cooper Street Correctional Facility - Jackson--263.1
FTE positions........................................ 29,702,000
G. Robert Cotton Correctional Facility - Jackson--
392.3 FTE positions.................................. 44,413,200
Charles E. Egeler Correctional Facility - Jackson--
374.6 FTE positions.................................. 44,425,500
Richard A. Handlon Correctional Facility - Ionia--
252.7 FTE positions.................................. 29,795,100
Gus Harrison Correctional Facility - Adrian--442.6 FTE
positions............................................ 49,366,400
Ionia Correctional Facility - Ionia--286.3 FTE
positions............................................ 33,682,200
Kinross Correctional Facility - Kincheloe--268.1 FTE
positions............................................ 33,138,100
Lakeland Correctional Facility - Coldwater--279.4 FTE
positions............................................ 33,268,200
Macomb Correctional Facility - New Haven--294.8 FTE
positions............................................ 34,622,300
Marquette Branch Prison - Marquette--321.7 FTE
positions............................................ 39,175,100
Michigan Reformatory - Ionia--311.7 FTE positions...... 35,418,300
Muskegon Correctional Facility - Muskegon--205.0 FTE
positions............................................ 25,400,500
Newberry Correctional Facility - Newberry--200.1 FTE
positions............................................ 24,345,100
Oaks Correctional Facility - Eastlake--290.4 FTE
positions............................................ 34,072,200
Ojibway Correctional Facility - Marenisco--203.1 FTE
positions............................................ 23,486,000
Parnall Correctional Facility - Jackson--260.0 FTE
positions............................................ 28,374,500
Saginaw Correctional Facility - Freeland--274.9 FTE
positions............................................ 32,909,600
Special Alternative Incarceration Program - Cassidy
Lake--119.0 FTE positions............................ 13,733,700
St. Louis Correctional Facility - St. Louis--303.6 FTE
positions............................................ 36,687,100
Thumb Correctional Facility - Lapeer--283.6 FTE
positions............................................ 32,997,500
Womens Huron Valley Correctional Complex - Ypsilanti--
501.9 FTE positions.................................. 59,117,400
Woodland Correctional Facility - Whitmore Lake--284.9
FTE positions........................................ 33,272,600
Future facility........................................ 100
Northern region administration and support--48.0 FTE
positions............................................ 5,551,100
Southern region administration and support--124.0 FTE
positions............................................ 24,098,000
GROSS APPROPRIATION.................................... $ 1,086,937,900
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,034,800
Special revenue funds:
State restricted revenues and reimbursements........... 102,100
State general fund/general purpose..................... $ 1,085,801,000
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,813,300
GROSS APPROPRIATION.................................... $ 28,813,300
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 177,100
Parole and probation oversight fees set-aside.......... 694,800
Program and special equipment fund..................... 440,000
State general fund/general purpose..................... $ 27,501,400
Sec. 110. ONE-TIME APPROPRIATIONS
New custody staff training............................. $ 8,506,100
Ballistic vests........................................ 481,300
Supervising region incentive program................... 481,300
GROSS APPROPRIATION.................................... $ 9,468,700
Appropriated from:
Special revenue funds:
Program and special equipment fund..................... 481,300
State general fund/general purpose..................... $ 8,987,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
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 2016-2017 is $1,988,512,500.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $111,888,200.00. 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...................................... $ 61,749,900
Community corrections comprehensive plans
and services......................................... 12,158,000
Reentry services – intensive detention reentry program. 1,500,000
Residential services................................... 15,475,500
County jail reimbursement program...................... 15,064,600
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Leased beds and alternatives to leased beds............ 100
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 111,888,200
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2016-2017:
(i) Correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Clinical and mental health services and support.
(iv) Prisoner health care services.
(v) Vaccination program.
(vi) Prison food service.
(vii) Transportation.
(viii) Inmate legal services.
(ix) Correctional facilities administration.
(x) Central records.
(xi) Worker's compensation.
(xii) New custody staff training.
(xiii) Prison store operations.
(xiv) Education program.
(c) "Department" or "MDOC" means the Michigan department of
corrections.
(d) "DOJ" means the United States Department of Justice.
(e) "DOJ-BOP" means the DOJ Bureau of Prisons.
(f) "EPIC program" means the department's effective process
improvement and communications program.
(g) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(h) "FTE" means full-time equated.
(i) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(j) "IDG" means interdepartmental grant.
(k) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(l) "MDHHS" means the Michigan department of health and human
services.
(m) "MDSP" means the Michigan department of state police.
(n) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(o) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(p) "OCC" means office of community corrections.
(q) "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.
(r) "Offender success" means that an offender has, with the
support of the community, intervention of the field agent, and
benefit of any participation in programs and treatment, made an
adjustment while at liberty in the community such that he or she
has not been sentenced to or returned to prison for the conviction
of a new crime or the revocation of probation or parole.
(s) "Offender target populations" means felons or
misdemeanants who would likely be sentenced to imprisonment in a
state correctional facility or jail, who would not likely increase
the risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(t) "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.
(u) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(v) "Recidivism" means the return of an individual to prison
within 3 years after he or she is released either with a new
sentence to prison or as a technical violator of parole conditions.
(w) "RSAT" means residential substance abuse treatment.
(x) "Serious emotional disturbance" means that term as defined
in section 100d(2) of the mental health code, 1974 PA 328, MCL
330.1100d.
(y) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(z) "SSA" means the United States Social Security
Administration.
(aa) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee or a prisoner for communicating with a member
of the legislature or his or her staff.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, and public works programs and
services provided to local units of government or private nonprofit
organizations. The revenues and fees collected are appropriated for
all expenses associated with these services and activities.
Sec. 212. On a quarterly basis, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, and the senate and house fiscal agencies. This report
shall include a detailed accounting of the long-term vacancies that
exist within each department. As used in this subsection, "long-
term vacancy" means any full-time equated position that has not
been filled at any time during the past 24 calendar months.
Sec. 214. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed. The department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) Any contract for prisoner telephone services
entered into after the effective date of this section shall include
a condition that fee schedules for prisoner telephone calls,
including rates and any surcharges other than those necessary to
meet program and special equipment costs, be the same as fee
schedules for calls placed from outside of correctional facilities.
(2) Revenues appropriated and collected for program and
special equipment funds shall be considered state restricted
revenue. Funding shall be used for prisoner programming, special
equipment, and security projects. Unexpended funds remaining at the
close of the fiscal year shall not lapse to the general fund but
shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3) The department shall submit a report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from program and special equipment funds. The report
shall include all of the following:
(a) A list of all individual projects and purchases financed
with program and special equipment funds in the immediately
preceding fiscal year, the amounts expended on each project or
purchase, and the name of each vendor the products or services were
purchased from.
(b) A list of planned projects and purchases to be financed
with program and special equipment funds during the current fiscal
year, the amounts to be expended on each project or purchase, and
the name of each vendor for which the products or services were
purchased.
(c) A review of projects and purchases planned for future
fiscal years from program and special equipment funds.
Sec. 220. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house
appropriations committees and the senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the chairpersons of the senate and
house appropriations committees, the chairpersons of the senate and
house appropriations subcommittees on corrections, and the senate
and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues,
and state restricted fund expenditures for the fiscal years ending
September 30, 2016 and September 30, 2017.
Sec. 230. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 employees at the department's
central office in Lansing and at both the northern and southern
region administration offices.
Sec. 246. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $337,858,200.00. From this amount, total department
appropriations for pension-related legacy costs are estimated at
$187,327,100.00. Total department appropriations for retiree health
care legacy costs are estimated at $150,531,100.00.
Sec. 247. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide not later than November 1 a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The department shall provide an
update on its progress in tracking program-specific metrics and the
status of program success at an appropriations subcommittee meeting
called for by the subcommittee chair.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 304. The department shall maintain a staff savings
initiative program in conjunction with the EPIC program for
employees to submit suggestions for efficiencies for the
department. The department shall consider each suggestion in a
timely manner. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on process improvements
that were implemented based on suggestions that were recommended
for implementation from the staff savings initiative and EPIC
programs.
PRISONER REENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget recommendation to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. The report shall include explanations of
the methodology and assumptions used in developing the projection
updates.
Sec. 402. By March 1, the department shall provide a report on
prisoner reentry expenditures and allocations to the members of the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director. At a minimum, the report
shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on substance abuse testing
and treatment program objectives, outcome measures, and results,
including program impact on offender success and programmatic
success.
Sec. 407. By June 30, the department shall place the
statistical report from the immediately preceding calendar year on
an Internet site. The statistical report shall include, but not be
limited to, the information as provided in the 2004 statistical
report.
Sec. 408. The department shall measure the recidivism rates of
offenders.
Sec. 409. (1) The department shall engage with the talent
investment agency within the department of talent and economic
development and local entities to design services and shall use
appropriations provided in part 1 for reentry and vocational
education programs. The department shall ensure that the
collaboration provides relevant professional development
opportunities to prisoners to ensure that the programs are high
quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside
after their release from correctional facilities. The programs
shall begin upon the intake of the prisoner into a department
facility.
(2) It is the intent of the legislature that the workforce
development programming continue through the entire duration of the
prisoner's incarceration to encourage employment upon release.
(3) By March 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, and the senate and house fiscal
agencies detailing the results of the workforce development
program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that enhance
offender success and that also may serve as an alternative to
incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public
safety will be maintained, the goals for the local jurisdiction,
offender target populations intended to be affected, offender
eligibility criteria for purposes outlined in the plan, and how the
plans will meet the following objectives, consistent with section
8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American Corrections Association
or a similar organization as approved by the department.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408, that contribute to the success of offenders. The plans
shall also include, where appropriate, provisions that detail how
the local communities plan to respond to sentencing guidelines
found in chapter XVII of the code of criminal procedure, 1927 PA
175, MCL 777.1 to 777.69, and use the county jail reimbursement
program under section 414. The state community corrections board
shall encourage local community corrections advisory boards to
include in their comprehensive corrections plans strategies to
collaborate with local alcohol and drug treatment agencies of the
MDHHS for the provision of alcohol and drug screening, assessment,
case management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director the following
information for each county and counties consolidated for
comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, by prior record variable score, by number and
percent statewide and by county, current year, and comparisons to
the previous 3 years.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the
total funding allocated, program expenditures, required program
data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate
information regarding the availability of and the demand for
community corrections programs, jail-based community corrections
programs, jail-based probation violation sanctions, and all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary jail data to the department.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $65.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $55.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$40.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. Payments to counties under the county jail
reimbursement program shall be made in the order in which properly
documented requests for reimbursements are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall
distribute the documentation requirements to all counties.
(6) Any county that receives funding under this section for
the purpose of housing in jails certain felons who otherwise would
have been sentenced to prison shall, as a condition of receiving
the funding, report by September 30 an annual average jail capacity
and annual average jail occupancy for the immediately preceding
fiscal year.
Sec. 416. Allowable uses of felony drunk driver jail reduction
and community treatment program funding shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director on each of the
following programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDHHS to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the legislative corrections ombudsman, the senate
and house fiscal agencies, and the state budget director on
prisoner populations by security levels by facility, prison
facility capacities, and parolee and probationer populations.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director. The reports
shall include information on end-of-month prisoner populations in
county jails, the net operating capacity according to the most
recent certification report, identified by date, and end-of-month
data, year-to-date data, and comparisons to the prior year for the
following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(h) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 421. (1) Funds appropriated in part 1 for the parole
sanction certainty pilot program shall be distributed to an
American Correctional Association accredited rehabilitation
organization operating in any of the following counties: Berrien,
Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland,
Saginaw, and Wayne for operations and administration of the pilot
program. The pilot program may be utilized as a condition of parole
for technical parole violators to ensure public safety and justice
through a program based on evidence-based tactics and programs.
(2) The program or programs selected shall report by March 30
to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director. The report shall include program performance
measurements, the number of individuals who participate in the
pilot program, the number of individuals who return to prison after
participating, and outcomes of participants who complete the
program.
Sec. 422. (1) On a quarterly basis, the department shall issue
a report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the
legislative corrections ombudsman, for the previous 4 quarters
detailing the outcomes of prisoners who have been reviewed for
parole. The report shall include all of the following:
(a) How many prisoners in each quarter were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) The distribution of the total number of prisoners reviewed
during that quarter grouped by whether the prisoner had been
interviewed for the first, second, third, fourth, fifth, sixth, or
more than sixth time.
(f) The number of paroles granted, denied, or deferred for
each of the parole guideline scores of low, average, and high.
(g) The reason for denying or deferring parole.
Sec. 425. (1) From the funds appropriated in part 1, the
department shall establish a medication-assisted treatment reentry
pilot program to provide prerelease treatment and postrelease
referral for opioid-addicted and alcohol-addicted offenders who
voluntarily participate in the medication-assisted treatment
reentry pilot program. The department shall collaborate with
residential and nonresidential substance abuse treatment providers
and with community-based clinics to provide postrelease treatment.
The program shall employ a multifaceted approach to treatment,
including a long-acting nonaddictive medication approved by the
Food and Drug Administration for the treatment of opioid and
alcohol dependence, counseling, and postrelease referral to
community-based providers.
(2) The manufacturer of a long-acting nonaddictive medication
approved by the Food and Drug Administration for opioid and alcohol
dependence shall provide the department with samples of the
medication, at no cost to the department, during the duration of
the medication-assisted treatment reentry pilot program. Offenders
shall receive 1 injection prior to being released from custody and
shall be connected with an aftercare plan and assistance with
obtaining insurance to cover subsequent injections.
(3) Participants of the program shall be required to attend
substance abuse treatment programming as directed by their agent,
shall be subject to routine drug and alcohol testing, shall not be
allowed to consume drugs or alcohol, and shall possess a strong
will to overcome addiction.
(4) The department shall submit a report by September 30 to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the number of offenders
who received injections upon release, the number of offenders who
received injections and tested positive for drugs or alcohol, the
number of offenders who received injections in the community for a
duration of at least 3 months, and the number of offenders who
received injections and were subsequently returned to prison.
Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip
the Script shall be distributed to a Michigan-chartered 501(c)(3)
nonprofit corporation operating in a county with greater than
1,500,000 people for administration and expansion of a program
which serves a population of persons aged 16 to 29. The program
shall target those who are entering the criminal justice system for
the first or second time and shall assist those individuals through
the following program types:
(a) Alternative sentencing programs in partnership with a
local district or circuit court.
(b) Educational recovery for special adult populations with
high rates of illiteracy.
(c) Career development and continuing education for women.
(2) The program selected shall report by March 30 to the
department, the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director. The report
shall include program performance measurements, the number of
individuals diverted from incarceration, the number of individuals
served, and outcomes of participants who complete the program.
BUDGET AND OPERATIONS ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 503. The department shall issue a biannual report for all
vendor contracts to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman. The report shall cover
the previous 4 quarters and include all of the following:
(a) The original start date and the current expiration date of
each contract.
(b) The number, if any, of site visits completed by the
department for each vendor.
(c) The number and amount of fines, if any, for service-level
agreement noncompliance for each vendor broken down by area of
noncompliance.
Sec. 505. The department shall provide for the training of all
custody staff in effective and safe ways of handling prisoners with
mental illness and referring prisoners to mental health treatment
programs. Mental health awareness training shall be incorporated
into the training of new custody staff.
Sec. 508. The department shall issue a report for all
correctional facilities to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the legislative corrections ombudsman by January 1 setting
forth the following information for each facility: its name, street
address, and date of construction; its current maintenance costs;
any maintenance planned; its current utility costs; its expected
future capital improvement costs; the current unspent balance of
any authorized capital outlay projects, including the original
authorized amount; and its expected future useful life.
Sec. 511. (1) By February 1, the department shall provide a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director which details
the strategic plan of the department. The report shall contain
strategies to decrease the overall recidivism rate, measurable
plans to increase the rehabilitative function of correctional
facilities, metrics to track and ensure prisoner readiness to re-
enter society, and constructive actions for providing prisoners
with life skills development.
(2) The intent of this report is to express that the mission
of the department is to provide an action plan before reentry to
society that ensures prisoners' readiness for meeting parole
requirements and ensures a reduction in the total number of
released inmates who reenter the criminal justice system.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The complete audit shall be submitted to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget office by March 1.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
Sec. 602. The funds appropriated in part 1 for the supervising
region incentive program shall be used only to fund an incentive
program for field operations administration regions in accordance
with the supervising region incentive act.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the curfew monitoring program shall reimburse the
department for costs associated with their participation in the
program. The department may require community service work
reimbursement as a means of payment for those able-bodied
individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local program
reimbursement for the curfew monitoring 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 curfew monitoring program to be
administered by the department. The curfew monitoring program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's curfew monitoring program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment,
replacement parts, administrative oversight of the equipment's
operation, notification of violators, and periodic reports
regarding county program participants. Counties are responsible for
curfew monitor 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 curfew monitor charges outstanding over 60
days shall be considered in violation of the community curfew
monitor program agreement and lose access to the program.
Sec. 604. The funds appropriated in part 1 for criminal
justice reinvestment shall be used only to fund evidence-based
programs designed to reduce recidivism among probationers and
parolees.
Sec. 611. The department shall prepare by March 1 individual
reports for the community reentry program, the electronic
monitoring program, and the special alternative to incarceration
program. The reports shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director. Each program's report shall include
information on all of the following:
(a) Monthly new participants by type of offender. Community
reentry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) By April 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on the number of all
parolees returned to prison and probationers sentenced to prison
for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following
information for probationers, for parolees after their first
parole, and for parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a high school equivalency or high school diploma prior to
incarceration in prison, how many received a high school
equivalency while in prison, and how many received a vocational
certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
Sec. 615. (1) The department shall submit a report detailing
the number of prisoners who have received life imprisonment
sentences with the possibility of parole and who are currently
eligible for parole to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director by April 30.
(2) The report shall include the following information on
parolable lifers who have served more than 25 years: prisoner name,
MDOC identification number, prefix, offense for which life term is
being served, county of conviction, age at time offense was
committed, current age, race, gender, true security classification,
dates of parole board file reviews, dates of parole board
interviews, parole guideline scores, and reason for decision not to
release.
Sec. 616. The parole board shall review its policies related
to the review and parole of those offenders serving a parolable
life sentence with consideration given to those that do not pose an
ongoing risk to society.
HEALTH CARE
Sec. 802. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the legislative corrections ombudsman, the senate and
house fiscal agencies, and the state budget director with quarterly
reports on physical and mental health care detailing quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, are given the opportunity to sign a
release of information form designating a family member or other
individual to whom the department shall release records information
regarding a prisoner. A release of information form signed by a
prisoner shall remain in effect for 1 year, and the prisoner may
elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release
forms follow a prisoners upon transfer to another department
facility or to the supervision of a parole officer.
(3) The form shall be placed online, on a public website
managed by the department.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on prisoner health care
utilization. The report shall include the number of inpatient
hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous
quarter, by facility.
Sec. 806. From the funds appropriated in part 1 for mental
health services and support, the department shall expand its mental
health treatment and sex offender treatment programs. The purpose
of this enhancement is to address increased caseloads, reduce the
number of prisoners on the waiting list who are past their earliest
release date, and reduce the percentage of prisoners readmitted to
mental health programs at their previous level of care.
Sec. 807. The funds appropriated in part 1 for Hepatitis C
treatment shall be used only to purchase specialty medication for
Hepatitis C treatment in the prison population. In addition to the
above appropriation, any rebates received from the medications used
shall be used only to purchase specialty medication for Hepatitis C
treatment. On a quarterly basis, the department shall issue a
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the
legislative corrections ombudsman, showing for the previous 4
quarters the total amount spent on specialty medication for the
treatment of Hepatitis C, the number of prisoners that were
treated, the amount of any rebates that were received from the
purchase of specialty medication, and what outstanding rebates are
expected to be received.
Sec. 812. (1) The department shall provide the department of
health and human services with a monthly list of prisoners newly
committed to the department of corrections. The department and the
department of health and human services shall enter into an
interagency agreement under which the department of health and
human services provides the department of corrections with monthly
lists of newly committed prisoners who are eligible for Medicaid
benefits in order to maintain the process by which Medicaid
benefits are suspended rather than terminated. The department shall
assist prisoners who may be eligible for Medicaid benefits after
release from prison with the Medicaid enrollment process prior to
release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director with quarterly updates on the utilization
of Medicaid benefits for prisoners.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 901. The department, working with the department of
technology, management, and budget, shall determine the costs of
entering into an agreement to lease or purchase a private
correctional facility to be operated by the department, as well as
the costs of reopening a closed correctional facility already owned
by the department to determine if it would be in the best interest
of the citizens of this state to house prisoners in a private
correctional facility leased or purchased and operated by the
department, or a closed correctional facility owned by the
department that the department reopens, rather than in a
correctional facility currently operated by the department. By
October 15, the department shall issue a report to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget director that documents
the acquisition, lease, reopening, and modernization costs, and
taxes, utilities, expected future capital repair, and upgrades of
the correctional facilities described in this section.
Sec. 902. From the funds appropriated in part 1 for the
education program, the department shall use $2,000,000.00 to expand
the vocational village program.
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner security custody level. This calculation
shall include all actual direct and indirect costs for the previous
fiscal year, including, but not limited to, the value of services
provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the per
prisoner/per day costs, the department shall divide these direct
and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be
accurately allocated to each custody level can be included in the
calculation on a per-prisoner basis for each facility. A report
summarizing these calculations and the direct and indirect costs
included in them shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
organization that contracts with the department for public works
services shall be responsible for financing the entire cost of such
an agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who do not complete each program and are not subsequently
reenrolled, and the reason for not completing the program, the
number of prisoners transferred to another facility while enrolled
in a program and the reason for transfer, the number of prisoners
enrolled who are repeating the program, and the number of prisoners
on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a high school
equivalency.
(e) An explanation of the value and purpose of each program,
for example, to improve employability, reduce recidivism, reduce
prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) The number of prisoners not paroled at their earliest
release date due to lack of a high school equivalency, and the
reason those prisoners have not obtained a high school equivalency.
Sec. 908. From the funds appropriated in part 1, the
department shall explore the feasibility of establishing an online
career high school education pilot program, or other alternatives
to providing prisoners with a high school diploma in lieu of a high
school equivalency. The department shall explore establishing
outside partnerships to assist the department with providing high
school diplomas. The department shall submit a report by December 1
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director that describes
the necessary steps the department would have to take, the
resources the department would need, and departmental
organizational changes that would be required, and the feasibility
of the department's forming outside partnerships to assist with
providing prisoners with a high school diploma in lieu of a high
school equivalency.
Sec. 909. From the funds appropriated in part 1, the
department shall focus on providing career-based educational
programming for prisoners, to include vocational trade programs and
employment readiness programs.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton Correctional Facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults, escape attempts, suicides, and attempted suicides
occurring each month at each facility during the immediately
preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director by March 1 on the ratio of correctional
officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of
noncustody institutional staff to prisoners for each correctional
institution.
Sec. 913. (1) From the funds appropriated in part 1, the
department shall focus on providing required programming to
prisoners who are past their earliest release date because of not
having received the required programming. Programming includes, but
is not limited to, violence prevention programming, assaultive
offender programming, sexual offender programming, substance abuse
treatment programming, thinking for a change programming, and any
other programming that is required as a condition of parole.
(2) It is the intent of the legislature that any prisoner
required to complete a violence prevention program, sexual offender
program, or other program as a condition of parole shall be placed
on a waiting list for the appropriate programming upon entrance to
prison and transferred to a facility where that program is
available in order to accomplish timely completion of that program
prior to the expiration of his or her minimum sentence and
eligibility for parole. Nothing in this section should be deemed to
make parole denial appealable in court.
(3) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting, from the date of entrance to prison, of
the number of individuals who are required to complete the
programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, serious developmental
disorders, serious mental illness, and other mental health
disorders. Prisoners with serious mental illness or serious
developmental disorders shall not be removed from the general
population as a punitive response to behavior caused by their
serious mental illness or serious developmental disorder. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners with serious mental illness or
serious developmental disorders may be placed in secure residential
housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with
serious mental illness or serious developmental disorder who is
confined in these specialized housing programs shall be evaluated
or monitored by a medical professional at a frequency of not less
than every 12 hours.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2015 and
September 30, 2016, and the annual number of prisoners in
administrative segregation between October 1, 2015 and September
30, 2016 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 18 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 18 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, and the state
budget director on the training curriculum used and the number and
types of staff receiving annual training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder and need to be
housed separately from the general population. Prisoners less than
18 years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental disorder shall not be
removed from an existing placement as a punitive response to
behavior caused by their serious mental illness, serious emotional
disturbance, or a serious developmental disorder. Due to persistent
high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with
serious emotional disturbance, serious mental illness, or serious
developmental disorders may be placed in secure residential housing
programs that will facilitate access to institutional programming
and ongoing mental health services. A prisoner less than 18 years
of age with serious mental illness, serious emotional disturbance,
or a serious developmental disorder who is confined in these
specialized housing programs shall be evaluated or monitored by a
medical professional at a frequency of not less than every 12
hours.
(c) Implement a specialized reentry program that recognizes
the needs of prisoners less than 18 years old for supervised
reentry.
Sec. 937. The department shall not issue a request for
proposal (RFP) for a contract in excess of $5,000,000.00, unless
the department has first considered issuing a request for
information (RFI) or a request for qualification (RFQ) relative to
that contract to better enable the department to learn more about
the market for the products or services that are the subject of the
future RFP. The department shall notify the department of
technology, management, and budget of the evaluation process used
to determine if an RFI or RFQ was not necessary prior to issuing
the RFP.
Sec. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or
entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair
market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment
in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by
the state.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
INFORMATION TECHNOLOGY
Sec. 1000. From the funds appropriated in part 1 for
information technology services and projects, the department shall
expand bandwidth in 27 correctional facilities and 113 field
operations offices. The purpose of this bandwidth expansion is to
support critical information technology systems that provide
platforms for several mandated programs and department cost savings
efforts.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year. The packet shall provide information on topics
including, but not limited to: how to put money into prisoner
accounts, how to make phone calls or create Jpay email accounts,
how to visit in person, proper procedures for filing complaints or
grievances, the rights of prisoners to physical and mental health
care, how to utilize the offender tracking information system
(OTIS), truth-in-sentencing and how it applies to minimum
sentences, the parole process, and guidance on the importance of
the role of families in the reentry process. The department is
encouraged to partner with external advocacy groups and actual
families of prisoners in the packet-writing process to ensure that
the information is useful and complete.
Sec. 1011. The department may accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network may be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be at no additional cost to this state.
ONE-TIME APPROPRIATIONS
Sec. 1100. From the funds appropriated in part 1 for new
custody staff training, the department shall increase the training
capacity for new custody staff by 350 officers. The purpose of this
academy is to address higher than normal attrition of correction
officers and to decrease overtime costs.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2017-2018
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2018 for
the line items listed in part 1. The fiscal year 2017-2018
appropriations are anticipated to be the same as those for fiscal
year 2016-2017, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2017 consensus revenue estimating
conference.