HOUSE BILL No. 4300





February 18, 1999, Introduced by Reps. LaSata, Mortimer, Pappageorge, Pumford, Mead, Toy, Kukuk, Caul, Jellema, Godchaux, Byl, Cameron Brown, Geiger, Jansen and Scranton and referred to the Committee on Appropriations.





















EXECUTIVE BUDGET BILL



















A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2000; 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, 2000, 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 49,918

Full-time equated unclassified positions 16.0

Full-time equated classified positions 19,174.3

GROSS APPROPRIATION $ 1,566,641,700

Interdepartmental grant revenues:

Total interdepartmental grants and

intradepartmental transfers 6,615,600

ADJUSTED GROSS APPROPRIATION $ 1,560,026,100

Federal revenues:

Total federal revenues 24,686,400

Special revenue funds:

Total local revenues 412,800

Total private revenues 0

Total other state restricted revenues 48,347,900

State general fund/general purpose $ 1,486,579,000

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 16.0 Full-time equated classified positions 77.0

Unclassified positions--16.0 FTE positions $ 1,290,900

Executive administration--11.0 FTE positions 1,433,000

Audit and internal affairs--19.0 FTE positions 1,326,800

Policy and hearings--47.0 FTE positions 4,358,300

GROSS APPROPRIATION $ 8,409,000

Appropriated from:

State general fund/general purpose $ 8,409,000

Sec. 103. ADMINISTRATION AND PROGRAMS

Full-time equated classified positions 215.2

Administration and fiscal management--36.5 FTE

positions $ 2,780,000

Office of personnel and labor relations--26.7 FTE

positions 2,280,700 Program services--15.0 FTE positions 1,346,400

Planning, research, and information services--

85.5 FTE positions 9,316,600

Federal education programs--19.0 FTE positions 3,016,400

Rent 2,049,100

Training administration--32.5 FTE positions 4,566,500

GROSS APPROPRIATION $ 25,355,700

Appropriated from:

Federal revenues:

DED, life skills grant 300,000

DED-OVAE, vocational education - basic grants to

states 270,100

DED-OESE, chapter 1 program for neglected and

delinquent children 506,000

DED-OVAE, state administered basic grant

program 1,842,100

DED-OSERS, special education - grants to

states 98,200

Special revenue funds:

Local-county reimbursement 118,800

Correctional industries revolving fund 93,500

Resident stores 277,800

State general fund/general purpose $ 21,849,200

Sec. 104. CENTRAL SUPPORT ACCOUNTS

Equipment $ 341,900

Special maintenance 1,712,100

Worker's compensation 16,060,400

Compensatory buyout 225,000

Union leave bank 50,000

GROSS APPROPRIATION $ 18,389,400

Appropriated from:

State general fund/general purpose $ 18,389,400

Sec. 105. TRAINING, COMMUNITY SUPPORT AND SUBSTANCE

ABUSE PROGRAMS

Inmate legal services program $ 315,800

Reimbursement to counties, parole revocation

hearings, and court settlements 4,060,400

Substance abuse administration and testing 19,644,800

MDOC in-prison pilot drug treatment program 1,500,000

MDOC technical violator pilot drug treatment

program 1,000,000 New employee training 16,615,600

Training projects 111,600

Criminal justice training fund 608,700

GROSS APPROPRIATION $ 43,856,900

Appropriated from:

Interdepartmental grant revenues:

IDG-MDSP, Michigan justice training fund 608,700

Federal revenues:

DOJ, office of justice programs, corrections

programs - states 2,684,100

HHS-SAMHSA 563,000

State general fund/general purpose $ 40,001,100

Sec. 106. PRISON INDUSTRIES OPERATIONS

Full-time equated classified positions 169.8

Personnel costs--169.8 FTE positions $ 12,655,200

GROSS APPROPRIATION $ 12,655,200

Appropriated from:

Special revenue funds:

Correctional industries revolving fund 12,655,200

State general fund/general purpose $ 0

Sec. 107. FIELD OPERATIONS

Full-time equated classified positions 1,648.0

Personnel costs--1,544.0 FTE positions $ 87,491,400

Operating costs 6,787,800

Community service work program--10.0 FTE

positions 525,400

Parole board operations--22.0 FTE positions 1,591,000

Building occupancy charges - property management 512,500

Rent 841,000

Loans to parolees 204,400

Boot camp - phase III/intensive supervision--72.0

FTE positions 2,865,300

Parole/probation services 2,032,700

GROSS APPROPRIATION $ 102,851,500

Appropriated from:

Special revenue funds:

Oversight fees 5,359,300

Supervision fees 2,032,700

State general fund/general purpose $ 95,459,500

Sec. 108. COMMUNITY PLACEMENT

Average population 808

Full-time equated classified positions 541.3

Tether operations--167.3 FTE positions $ 7,783,000

Community residential program operations--269.1

FTE positions 21,339,800

Technical rule violator center--104.9 FTE

positions 9,021,400

GROSS APPROPRIATION $ 38,144,200

Appropriated from:

Special revenue funds:

Local-community tether program reimbursement 294,000

Resident contributions revenues 3,919,800

Program participant contributions 4,098,900

Public works user fees 135,000

State general fund/general purpose $ 29,696,500

Sec. 109. SPECIAL ALTERNATIVE INCARCERATION PROGRAM

Full-time equated classified positions 135.0

Personnel costs--135.0 FTE positions $ 7,609,000

Operational costs 1,799,900

GROSS APPROPRIATION $ 9,408,900

Appropriated from:

Special revenue funds:

Public works user fees 130,400

State general fund/general purpose $ 9,278,500

Sec. 110. OFFICE OF COMMUNITY CORRECTIONS

Full-time equated classified positions 17.0

Personnel costs--17.0 FTE positions $ 1,177,100

Operating costs 265,000

OCC board expenses 15,000

Probation residential centers 13,892,600

Community corrections comprehensive plans and

services 12,033,000

Public education and training 50,000

County jail reimbursement program 17,982,200 GROSS APPROPRIATION $ 45,414,900

Appropriated from:

Special revenue funds:

Telephone fees and commissions 16,244,700

State general fund/general purpose $ 29,170,200

Sec. 111. CONSENT DECREES

Average population 400

Full-time equated classified positions 577.4

Prisoner rehabilitation education program $ 1,020,100

Hadix consent decree--157.0 FTE positions 10,292,500

DOJ consent decree--166.5 FTE positions 10,607,500

DOJ psychiatric plan - MDCH mental health

services. 69,954,400

DOJ psychiatric plan - MDOC staff and services--

253.9 FTE positions 14,689,900

GROSS APPROPRIATION $ 106,564,400

Appropriated from:

State general fund/general purpose $ 106,564,400

Sec. 112. OFFICE OF HEALTH CARE

Full-time equated classified positions 18.0

Health care administration--18.0 FTE positions $ 2,006,200

Hospital and specialty care services 39,903,400

Vaccination program 1,491,300

GROSS APPROPRIATION $ 43,400,900

Appropriated from:

Federal revenues:

HHS-HRSA 80,000

State general fund/general purpose $ 43,320,900

Sec. 113. CLINICAL OPERATIONS

Full-time equated classified positions 913.4

Adrian clinical complex--31.2 FTE positions $ 2,687,500

Baraga clinical complex--7.0 FTE positions 1,301,000

Coldwater clinical complex--38.8 FTE positions 3,548,500

Corrections camps clinical--55.1 FTE positions 1,954,900

Detroit clinical complex--32.2 FTE positions 2,578,300

Ionia clinical complex--124.9 FTE positions 10,151,300

Jackson clinical complex--230.9 FTE positions 21,783,700

Kincheloe clinical complex--64.0 FTE positions 6,005,200

Lapeer clinical complex--19.2 FTE positions 1,455,500

Macomb clinical complex--19.0 FTE positions 1,414,100

Marquette clinical complex--48.0 FTE positions 4,082,700

Muskegon clinical complex--56.5 FTE positions 3,653,500

Newberry clinical complex--4.0 FTE positions 1,455,500

Oaks clinical complex--4.0 FTE positions 1,161,100

Plymouth clinical complex--52.0 FTE positions 4,098,000

Saginaw clinical complex--19.0 FTE positions 1,392,500

St. Louis clinical complex--55.1 FTE positions 3,883,400

Standish clinical complex--17.0 FTE positions 1,496,700

Ypsilanti clinical complex--35.5 FTE positions 2,646,800

GROSS APPROPRIATION $ 76,750,200

Appropriated from:

State general fund/general purpose $ 76,750,200

Sec. 114. CORRECTIONAL FACILITIES-ADMINISTRATION

Full-time equated classified positions 139.0

Conveying convicts to penal institutions $ 249,000

Federal school lunch program 700,000

Correctional facilities administration--10.0

FTE positions 805,200

Extradition services 220,300

Housing inmates in federal institutions 494,200

Jackson area administrative support and services

--120.0 FTE positions 13,373,900

Northern region office--2.0 FTE positions 188,000

Southeastern region office--2.0 FTE

positions 183,800

Southwestern region office--2.0 FTE positions 188,700

Leased beds . 100

Jackson food production kitchen 5,000,000

Surplus food program--3.0 FTE positions 325,300

GROSS APPROPRIATION $ 21,728,500

Appropriated from:

Intradepartmental grant revenues:

IDT-surplus food user fees 247,600

IDT-production kitchen user fees 5,000,000

Federal revenues:

DOJ-BOP, federal prisoner reimbursement 314,000

DAG-FCS, national school lunch 700,000

State general fund/general purpose $ 15,466,900

Sec. 115. ALGER MAXIMUM SECURITY CORRECTIONAL FACILITY-MUNISING

Average population 524

Full-time equated classified positions 319.2

Personnel costs--315.2 FTE positions $ 19,679,400

Operational costs 2,261,600

Academic/vocational programs--4.0 FTE positions 285,800

GROSS APPROPRIATION $ 22,226,800

Appropriated from:

Special revenue funds:

Resident stores 9,900

State general fund/general purpose $ 22,216,900

Sec. 116. BARAGA MAXIMUM CORRECTIONAL FACILITY-BARAGA

Average population 844

Full-time equated classified positions 400.2

Personnel costs--390.2 FTE positions $ 21,704,500

Operational costs 3,094,000

Academic/vocational programs--10.0 FTE positions 561,200

GROSS APPROPRIATION $ 25,359,700

Appropriated from:

Special revenue funds:

Resident stores 14,100

State general fund/general purpose $ 25,345,600

Sec. 117. E.C. BROOKS CORRECTIONAL FACILITY-MUSKEGON

Average population 2,200

Full-time equated classified positions 549.7

Personnel costs--528.7 FTE positions $ 31,411,200

Operational costs 6,552,300

Academic/vocational programs--21.0 FTE positions 1,371,900

GROSS APPROPRIATION $ 39,335,400

Appropriated from:

Special revenue funds:

Resident stores 148,500

State general fund/general purpose $ 39,186,900

Sec. 118. CARSON CITY CORRECTIONAL FACILITY COMPLEX-CARSON CITY

Average population 2,200

Full-time equated classified positions 555.2

Personnel costs--536.2 FTE positions $ 32,062,500

Operational costs 6,701,600

Academic/vocational programs--19.0 FTE positions 1,259,600

GROSS APPROPRIATION $ 40,023,700

Appropriated from:

Special revenue funds:

Resident stores 97,500

State general fund/general purpose $ 39,926,200

Sec. 119. CHIPPEWA CORRECTIONAL FACILITY-KINCHELOE

Average population 2,094

Full-time equated classified positions 512.3

Personnel costs--496.3 FTE positions $ 30,157,600

Operational costs 6,140,500

Academic/vocational programs--16.0 FTE positions 1,194,600

GROSS APPROPRIATION $ 37,492,700

Appropriated from:

Special revenue funds:

Resident stores 155,200

State general fund/general purpose $ 37,337,500

Sec. 120. COOPER STREET CORRECTIONAL FACILITY-JACKSON

Average population 1,302

Full-time equated classified positions 284.8

Personnel costs--277.8 FTE positions $ 15,631,300

Operational costs 3,663,700

Academic/vocational programs--7.0 FTE positions 524,600

GROSS APPROPRIATION $ 19,819,600

Appropriated from:

Special revenue funds:

Resident stores 71,200

Public works user fees 30,700

State general fund/general purpose $ 19,717,700

Sec. 121. G. ROBERT COTTON CORRECTIONAL FACILITY-JACKSON

Average population 1,692

Full-time equated classified positions 424.0

Personnel costs--412.0 FTE positions $ 25,064,500

Operational costs 4,815,400

Academic/vocational programs--12.0 FTE positions 973,000

GROSS APPROPRIATION $ 30,852,900

Appropriated from:

Special revenue funds:

Resident stores 116,600

State general fund/general purpose $ 30,736,300

Sec. 122. FLORENCE CRANE WOMEN'S FACILITY-COLDWATER

Average population 750

Full-time equated classified positions 252.4

Personnel costs--238.4 FTE positions $ 14,440,300

Operational costs 2,831,900

Academic/vocational programs--14.0 FTE positions 1,072,800

GROSS APPROPRIATION $ 18,345,000

Appropriated from:

Special revenue funds:

Resident stores 49,100

State general fund/general purpose $ 18,295,900

Sec. 123. CHARLES E. EGELER CORRECTIONAL FACILITY-JACKSON

Average population 1,006

Full-time equated classified positions 304.4

Personnel costs--296.4 FTE positions $ 16,677,700

Operational costs 2,181,400

Academic/vocational programs--8.0 FTE positions 714,000

GROSS APPROPRIATION $ 19,573,100

Appropriated from:

Special revenue funds:

Resident stores 98,300

State general fund/general purpose $ 19,474,800

Sec. 124. RICHARD A. HANDLON MICHIGAN TRAINING UNIT-IONIA

Average population 1,315

Full-time equated classified positions 294.0

Personnel costs--270.0 FTE positions $ 16,013,200

Operational costs 3,401,200

Academic/vocational programs--24.0 FTE positions 1,746,800

GROSS APPROPRIATION $ 21,161,200

Appropriated from:

Special revenue funds:

Resident stores 77,800

State general fund/general purpose $ 21,083,400

Sec. 125. GUS HARRISON CORRECTIONAL FACILITY-ADRIAN

Average population 2,200

Full-time equated classified positions 561.6

Personnel costs--543.6 FTE positions $ 31,282,400

Operational costs 6,545,700

Academic/vocational programs--18.0 FTE positions 1,245,900

GROSS APPROPRIATION $ 39,074,000

Appropriated from:

Special revenue funds:

Resident stores 200,000

State general fund/general purpose $ 38,874,000

Sec. 126. HURON VALLEY MEN'S FACILITY-YPSILANTI

Average population 482

Full-time equated classified positions 293.8

Personnel costs--287.8 FTE positions $ 17,101,900

Operational costs 3,030,200

Academic/vocational programs--6.0 FTE positions 442,500

GROSS APPROPRIATION $ 20,574,600

Appropriated from:

Special revenue funds:

Resident stores 49,000

State general fund/general purpose $ 20,525,600

Sec. 127. IONIA MAXIMUM FACILITY-IONIA

Average population 636

Full-time equated classified positions 350.6

Personnel costs--343.6 FTE positions $ 20,975,700

Operational costs 2,360,000

Academic/vocational programs--7.0 FTE positions 556,900

GROSS APPROPRIATION $ 23,892,600

Appropriated from:

Special revenue funds:

Resident stores 9,600

State general fund/general purpose $ 23,883,000

Sec. 128. IONIA TEMPORARY FACILITY-IONIA

Average population 960

Full-time equated classified positions 224.4

Personnel costs--208.9 FTE positions $ 12,707,500

Operational costs 2,951,800

Print shop operations 375,000

Academic/vocational programs--15.5 FTE positions 1,146,000

GROSS APPROPRIATION $ 17,180,300

Appropriated from:

Intradepartmental transfer revenues:

IDT-print shop user fees 375,000

Special revenue funds:

Resident stores 50,100

Public works user fees 15,100

State general fund/general purpose $ 16,740,100

Sec. 129. JACKSON MAXIMUM CORRECTIONAL FACILITY-JACKSON

Average population 1,556

Full-time equated classified positions 642.2

Personnel costs--633.2 FTE positions $ 34,630,200

Operational costs 5,652,700

Academic/vocational programs--9.0 FTE positions 518,400

GROSS APPROPRIATION $ 40,801,300

Appropriated from:

Federal revenues:

Federal revenues and reimbursements 1,932,800

Special revenue funds:

Resident stores 46,600

State general fund/general purpose $ 38,821,900

Sec. 130. KINROSS CORRECTIONAL FACILITY-KINCHELOE

Average population 2,165

Full-time equated classified positions 547.5

Personnel costs--518.5 FTE positions $ 31,068,600

Operational costs 7,445,000

Academic/vocational programs--29.0 FTE positions 1,717,200

GROSS APPROPRIATION $ 40,230,800

Appropriated from:

Special revenue funds:

Resident stores 147,500

State general fund/general purpose $ 40,083,300

Sec. 131. LAKELAND CORRECTIONAL FACILITY-COLDWATER

Average population 1,200

Full-time equated classified positions 257.1

Personnel costs--247.1 FTE positions $ 16,177,900

Operational costs 3,746,800

Academic/vocational programs--10.0 FTE positions 907,700

GROSS APPROPRIATION $ 20,832,400

Appropriated from:

Special revenue funds:

Resident stores 49,100

State general fund/general purpose $ 20,783,300

Sec. 132. MACOMB CORRECTIONAL FACILITY-NEW HAVEN

Average population 1,468

Full-time equated classified positions 399.3

Personnel costs--387.3 FTE positions $ 19,743,300

Operational costs 4,099,600

Academic/vocational programs--12.0 FTE positions 742,200

GROSS APPROPRIATION $ 24,585,100

Appropriated from:

Special revenue funds:

Resident stores 98,000

Public works user fees 11,200

State general fund/general purpose $ 24,475,900

Sec. 133. MARQUETTE BRANCH PRISON-MARQUETTE

Average population 1,129

Full-time equated classified positions 436.2

Personnel costs--426.2 FTE positions $ 26,701,500

Operational costs 4,612,800

Academic/vocational programs--10.0 FTE positions 932,500

GROSS APPROPRIATION $ 32,246,800

Appropriated from:

Special revenue funds:

Resident stores 148,900

State general fund/general purpose $ 32,097,900

Sec. 134. MICHIGAN REFORMATORY-IONIA

Average population 1,338

Full-time equated classified positions 408.1

Personnel costs--392.1 FTE positions $ 24,545,100

Operational costs 6,069,600

Academic/vocational programs--16.0 FTE positions 1,389,000

GROSS APPROPRIATION $ 32,003,700

Appropriated from:

Special revenue funds:

Resident stores 147,000

State general fund/general purpose $ 31,856,700

Sec. 135. MID-MICHIGAN CORRECTIONAL FACILITY-ST. LOUIS

Average population 960

Full-time equated classified positions 230.4

Personnel costs--221.4 FTE positions $ 13,298,600

Operational costs 2,952,800

Academic/vocational programs--9.0 FTE positions 649,900

GROSS APPROPRIATION $ 16,901,300

Appropriated from:

Special revenue funds:

Resident stores 48,800

Public works user fees 8,300

State general fund/general purpose $ 16,844,200

Sec. 136. MOUND CORRECTIONAL FACILITY-DETROIT

Average population 1,044

Full-time equated classified positions 365.4

Personnel costs--355.4 FTE positions $ 18,945,100

Operational costs 3,135,300

Academic/vocational programs--10.0 FTE positions 565,500

GROSS APPROPRIATION $ 22,645,900

Appropriated from:

Special revenue funds:

Resident stores 98,500

State general fund/general purpose $ 22,547,400

Sec. 137. MUSKEGON CORRECTIONAL FACILITY-MUSKEGON

Average population 1,310

Full-time equated classified positions 326.4

Personnel costs--310.4 FTE positions $ 19,166,200

Operational costs 4,130,200

Academic/vocational programs--16.0 FTE positions 1,171,800

GROSS APPROPRIATION $ 24,468,200

Appropriated from:

Special revenue funds:

Resident stores 73,200

State general fund/general purpose $ 24,395,000

Sec. 138. NEWBERRY CORRECTIONAL FACILITY-NEWBERRY

Average population 928

Full-time equated classified positions 320.4

Personnel costs--307.4 FTE positions $ 17,301,900

Operational costs 3,015,800

Academic/vocational programs--13.0 FTE positions 887,100

GROSS APPROPRIATION $ 21,204,800

Appropriated from:

Special revenue funds:

Resident stores 49,100

State general fund/general purpose $ 21,155,700

Sec. 139. OAKS CORRECTIONAL FACILITY-EASTLAKE

Average population 744

Full-time equated classified positions 382.8

Personnel costs--377.8 FTE positions $ 22,612,600

Operational costs 3,206,700

Academic/vocational programs--5.0 FTE positions 379,400

GROSS APPROPRIATION $ 26,198,700

Appropriated from:

Special revenue funds:

Resident stores 12,100

State general fund/general purpose $ 26,186,600

Sec. 140. PARNALL CORRECTIONAL FACILITY-JACKSON

Average population 1,448

Full-time equated classified positions 308.0

Personnel costs-295.0 FTE positions $ 18,061,400

Operational costs 3,178,800

Academic/vocational programs--13.0 FTE positions 936,300

GROSS APPROPRIATION $ 22,176,500

Appropriated from:

Special revenue funds:

Correctional industries revolving fund 80,100

Resident stores 112,600

State general fund/general purpose $ 21,983,800

Sec. 141. PINE RIVER CORRECTIONAL FACILITY-ST. LOUIS

Average population 960

Full-time equated classified positions 239.6

Personnel costs-225.6 FTE positions $ 9,074,000

Operational costs 3,280,800

Academic/vocational programs--14.0 FTE positions 658,600

GROSS APPROPRIATION $ 13,013,400

Appropriated from:

State general fund/general purpose $ 13,013,400

Sec. 142. RIVERSIDE CORRECTIONAL FACILITY-IONIA

Average population 1,034

Full-time equated classified positions 347.0

Personnel costs--341.0 FTE positions $ 20,589,300

Operational costs 4,521,200

Academic/vocational programs--6.0 FTE positions 399,500

GROSS APPROPRIATION $ 25,510,000

Appropriated from:

Special revenue funds:

Resident stores 49,000

State general fund/general purpose $ 25,461,000

Sec. 143. RYAN CORRECTIONAL FACILITY-DETROIT

Average population 1,044

Full-time equated classified positions 356.3

Personnel costs--346.3 FTE positions $ 20,073,200

Operational costs 3,380,800

Academic/vocational programs--10.0 FTE

positions 666,700

GROSS APPROPRIATION $ 24,120,700

Appropriated from:

Special revenue funds:

Resident stores 98,400

State general fund/general purpose $ 24,022,300

Sec. 144. SAGINAW CORRECTIONAL FACILITY-FREELAND

Average population 1,468

Full-time equated classified positions 404.1

Personnel costs--387.6 FTE positions $ 21,628,400

Operational costs 4,043,900

Academic/vocational programs--16.5 FTE positions 767,100

GROSS APPROPRIATION $ 26,439,400

Appropriated from:

Special revenue funds:

Resident stores 98,500

State general fund/general purpose $ 26,340,900

Sec. 145. SCOTT CORRECTIONAL FACILITY-PLYMOUTH

Average population 847

Full-time equated classified positions 357.7

Personnel costs--340.7 FTE positions $ 20,010,700

Operational costs 2,924,200

Academic/vocational programs--17.0 FTE positions 1,283,900

GROSS APPROPRIATION $ 24,218,800

Appropriated from:

Special revenue funds:

Resident stores 97,900

State general fund/general purpose $ 24,120,900

Sec. 146. SOUTHERN MICHIGAN CORRECTIONAL FACILITY-JACKSON

Average population 881

Full-time equated classified positions 468.8

Personnel costs--458.8 FTE positions $ 24,802,300

Operational costs 2,475,300

Academic/vocational programs--10.0 FTE positions 651,800

Print shop operations 282,000

GROSS APPROPRIATION $ 28,211,400

Appropriated from:

Intradepartmental transfer revenues:

IDT-print shop user fees 282,000

Special revenue funds:

Resident stores 76,700

State general fund/general purpose $ 27,852,700

Sec. 147. ST. LOUIS CORRECTIONAL FACILITY-ST. LOUIS

Average population 672

Full-time equated classified positions 370.1

Personnel costs--362.1 FTE positions $ 17,344,900

Operational costs 2,650,900

Academic/vocational programs--8.0 FTE positions 463,200

GROSS APPROPRIATION $ 20,459,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 20,459,000

Sec. 148. STANDISH MAXIMUM CORRECTIONAL FACILITY-STANDISH

Average population 524

Full-time equated classified positions 322.8

Personnel costs--316.8 FTE positions $ 18,779,400

Operational costs 2,355,300

Academic/vocational programs--6.0 FTE positions 238,000

GROSS APPROPRIATION $ 21,372,700

Appropriated from:

Special revenue funds:

Resident stores 9,800

State general fund/general purpose $ 21,362,900

Sec. 149. THUMB CORRECTIONAL FACILITY-LAPEER

Average population 1,194

Full-time equated classified positions 330.7

Personnel costs--316.7 FTE positions $ 17,847,400

Operational costs 3,556,400

Academic/vocational programs--14.0 FTE positions 818,000

GROSS APPROPRIATION $ 22,221,800

Appropriated from:

Special revenue funds:

Resident stores 49,100

State general fund/general purpose $ 22,172,700

Sec. 150. WESTERN WAYNE CORRECTIONAL FACILITY-PLYMOUTH

Average population 775

Full-time equated classified positions 294.6

Personnel costs--291.1 FTE positions $ 17,606,400

Operational costs 3,580,100

Academic/vocational programs-3.5 FTE positions 326,500

GROSS APPROPRIATION $ 21,513,000

Appropriated from:

Special revenue funds:

Resident stores 103,400

State general fund/general purpose $ 21,409,600

Sec. 151. MICHIGAN YOUTH CORRECTIONAL FACILITY-BALDWIN

Average population 480

Full-time equated classified positions 2.0

Administration--2.0 FTE positions $ 186,000

Management services 10,382,900

Lease payments 5,589,100

GROSS APPROPRIATION $ 16,158,000

Appropriated from:

Federal revenues:

DOJ, office of justice programs, VOI/TIS 15,396,100

State general fund/general purpose $ 761,900

Sec. 152. CORRECTION CAMPS

Average population 3,920

Full-time equated classified positions 887.7

Personnel costs--869.7 FTE positions $ 47,598,500

Operational costs 13,846,500

Dental lab operations 102,300

Academic/vocational programs--18.0 FTE positions 1,172,200

GROSS APPROPRIATION $ 62,719,500

Appropriated from:

Intradepartmental transfer revenues:

IDT-dental lab user fees 102,300

Special revenue funds:

Resident stores 108,200

Public works user fees 385,900

State general fund/general purpose $ 62,123,100

Sec. 153. INMATE HOUSING FUND

Average population 1,416

Full-time equated classified positions 391.4

Inmate housing fund--391.4 FTE positions $ 8,547,200

GROSS APPROPRIATION $ 8,547,200

Appropriated from:

State general fund/general purpose $ 8,547,200

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 1999-2000 is estimated at $1,534,926,900.00 and state appropriations to be paid to local units of government are as follows:

DEPARTMENT OF CORRECTIONS

Planning, research, and information services-ADP -

assumption of county probation $ 472,300 Field operations - assumption of county probation

staff 35,312,100

Reimbursement to counties, parole revocation hearings,

and court settlements 4,060,400

Public service work projects 12,996,100

Community corrections comprehensive plans

and services 12,033,000

Community corrections probation

residential centers 13,892,600

Community corrections public education

and training 50,000

TOTAL $ 78,816,500

(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director.

Sec. 202. The expenditures and funding sources 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) "ADP" means automated data processing.

(b) "DAG" means the United States department of agriculture.

(c) "DAG-FCS" means the DAG food and consumer service.

(d) "DED" means the United States department of education.

(e) "DED-OESE" means the DED office of elementary and secondary education.

(f) "DED-OSERS" means the DED office of special education and rehabilitative services.

(g) "DED-OVAE" means the DED office of vocational and adult education.

(h) "Department" or "MDOC" means the Michigan department of corrections.

(i) "DOJ" means the United States department of justice.

(j) "DOJ-BOP" means the DOJ bureau of prisons.

(k) "FTE" means full-time equated position.

(l) "HHS" means the United States department of health and human services.

(m) "HHS-HRSA" means the HHS health resources and services administration.

(n) "HHS-SAMHSA" means the HHS substance abuse and mental health services administration.

(o) "IDG" means interdepartmental grant.

(p) "IDT" means intradepartmental transfer.

(q) "MDCH" means the Michigan department of community health.

(r) "MDSP" means the Michigan department of state police.

(s) "OCC" means the office of community corrections.

(t) "OP-BFS" means the operating procedure, bureau of field services.

(u) "PREP" means the prisoner rehabilitation and education program.

(v) "VOI/TIS" means the DOJ violent offender incarceration and truth in sentencing program contained in the violent crime control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796.

Sec. 204. (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. 205. 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. 206. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of employee meals, academic/vocational services, custody escorts, compassionate visits, union steward activities, public work programs, and emergency services provided to units of government. The revenues and fees collected shall be appropriated for all expenses associated with these services and activities.

Sec. 207. Of the state general fund/general purpose revenue appropriated in part 1, $379,245,100.00 represents a state spending increase over the amount provided to the department for the fiscal year ending September 30, 1994, and may be used to meet state match requirements of programs contained in the violent crime control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796, or successor grant programs, so that any additional federal funds received shall supplement funding provided to the department in part 1.

Sec. 208. (1) Beginning October 1, 1999, 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 one position to another within a department or to positions that are funded with 80% or more federal or restricted funds.

(2) The state budget director shall 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 being unable to deliver basic services.

Sec. 209. A prisoner who wins money in a lottery shall pay from those winnings the amount necessary to reimburse the state for the accrued cost of incarcerating that prisoner.

Sec. 210. (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 pursuant to 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 $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 pursuant to 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 $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 pursuant to 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 $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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. (1) The department shall screen and assess each prisoner for alcohol and other drug involvement to determine the need for further treatment. The assessment process shall be designed to identify the severity of alcohol and other drug addiction and determine the treatment plan, if appropriate.

(2) Subject to the availability of funding resources, the department shall provide substance abuse treatment to prisoners with priority given to those prisoners who are most in need of treatment and who can best benefit from program intervention based on the screening and assessment provided under subsection (1).

Sec. 212. In expending residential substance abuse treatment services funds appropriated by this bill, the department shall ensure to the maximum extent possible that residential substance abuse treatment services are available statewide.

Sec. 213. The amount appropriated in section 105 for the MDOC in-prison pilot drug treatment program shall be used by the department to implement a minimum of 2 in-prison drug treatment programs, with at least 1 program being for male prisoners and 1 for female prisoners.

Sec. 214. The amount appropriated in section 105 for the MDOC technical violator pilot drug treatment program shall be used by the department to implement a pilot program aimed at reducing parolee and probationer prison admissions for substance abuse related technical violations or crimes.

EXECUTIVE

Sec. 301. The department shall submit 3-year and 5-year prison population projection updates by February 1, 2000 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director.

Sec. 302. (1) The department shall annually prepare and submit 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 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.

(2) Annual reports shall be prepared and submitted by April 1, 2000 to the corrections subcommittees of the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director.

FIELD OPERATIONS

Sec. 401. The department shall maintain sentencing recommendation guidelines for all probation personnel who are responsible for making sentencing recommendations for convicted felons. The purposes of the guidelines are to establish consistency in the recommendations by probation personnel to the judiciary for nonprison sanctions, provide for logical and fair nonprison sanction recommendations that are effective yet utilize the least restrictive and least expensive options while assuring public safety, and ensure proportionality among sentences and dispositional options. The state established guidelines shall allow for the use of all sanctions and services available to the offender population. For a sentence recommendation in a presentence investigation report under section 14 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.14, the guidelines shall require probation staff to recommend a sentence other than prison for felons where the maximum sentencing guideline score is 18 months or less or recommend prison sentences only when required by law or when no alternative community sentence will provide public protection, pursuant to OP-BFS 71.01. Sentencing recommendation guidelines shall require probation staff to review all alternatives to prison and recommend nonprison sentences for all nonviolent offenders, excluding sentences for which there is a mandatory prison sentence. If the probation staff departs from these guidelines, reasons for the departure shall be attached to the recommended prison sentence and included with the presentence investigation report.

Sec. 402. (1) The $525,400.00 appropriated in part 1 for the community service work program 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 adult 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.

COMMUNITY PLACEMENT PROGRAMS

Sec. 501. (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 section 108 are related to program expenditures and may be used to offset expenditures for this purpose.

(3) Included in the appropriation in section 108 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. The counties shall reimburse the department according to the following reimbursement schedule:

(a) For the rate of $5.30 per diem, the department will 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 and apprehension of program violators.

(b) For the rate of $7.50 per diem, the department will provide counties with the tether equipment, replacement parts, administrative oversight of the equipment's operation, notification of program violators, and periodic reports regarding county program participants. In addition, the department will provide staff to install and service the equipment. Counties are responsible for the coordination and apprehension of program violators.

(4) 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. 502. Community-placement prisoners and parolees shall reimburse the department for the operational costs of the program. As an alternative method of payment, the department may develop a community service work schedule for those individuals unable to meet reimbursement requirements established by the department.

SPECIAL ALTERNATIVE INCARCERATION PROGRAM

Sec. 601. The department shall establish a uniform rate to be paid by agencies that benefit from public work services provided by special alternative incarceration participants and prisoners.

OFFICE OF 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 section 110 for community corrections comprehensive plans and services are to encourage the development through technical assistance grants, implementation, and operation of community corrections programs which 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 funds must be based on criteria that shall include, but not be 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 probation residential centers in section 110 shall provide for a per diem reimbursement of not more than $40.00.

Sec. 703. (1) The comprehensive corrections plans shall also include, where appropriate, descriptive information on the full range of sanctions and services which are available and utilized within the local jurisdiction and an explanation of how jail beds, probation 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 pursuant to section 33 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.33, the development and implementation of probation sentencing recommendation guidelines pursuant to section 501 of this bill, and the use of the county jail reimbursement program pursuant to section 808 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 under 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 probation residential centers, 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. From the funds appropriated in section 110 for community corrections comprehensive plans and services and probation residential services, no funds shall be awarded to local jurisdictions that have not had their community corrections comprehensive plans, budget requests, and substantial modifications approved by the local community corrections advisory board and the local governing authority, officially reviewed by the state community corrections board, and approved by the director of the department.

Sec. 707. (1) From the funds appropriated in section 110 for probation residential centers, funds are allocated for the operation of a probation detention program in a county that has adopted a charter pursuant to 1966 PA 293, MCL 45.501 to 45.521. The probation detention program shall have a capacity of 100 beds. The department shall provide the program administrator monthly with 90-day projections of the numbers of beds expected to be needed for probationers and parolees in phase II residential placement under section 4(2) of the special alternative incarceration act, 1988 PA 287, MCL 798.14, and the program administrator shall make beds available as necessary to house probationers and parolees entering Phase II residential placement.

(2) Payments under this section for operation of the probation detention program shall be made at the same rates applicable to disbursement of other funds awarded under the probation residential centers line item, not to exceed a total expenditure of $1,442,200.00.

(3) The purpose of the probation detention program is to reduce the admission to prison of probation violators by providing a community punishment program within a secure environment with 24-hour supervision and programming with an emphasis on structured daily activities. Programming shall include, but need not be limited to, the following components that may be provided directly or by referral:

(a) Orientation and assessment.

(b) Substance abuse counseling.

(c) Life skills counseling.

(d) Education.

(e) Employment preparation.

(f) Vocational training.

(g) Employment.

(h) Community service.

(i) Physical training.

(j) Cognitive skill training.

(4) The probation detention program shall reduce the admission to prison of probation violators directly or indirectly by providing a program for direct sentencing of felony probation violators who likely would be prison-bound based on historical local sentencing practices or by removing probation violators from jail with a resulting increase in the number of jail beds available and used for felons who otherwise would be likely to be sentenced to prison based on historical local sentencing practices.

(5) The operation of the probation detention program shall be included in an approved community corrections comprehensive plan for the county described in subsection (1) pursuant to the community corrections act, 1988 PA 511, MCL 791.401 to 791.414, and shall be consistent with sections 701, 702, 703, and 706 of this bill.

(6) The comprehensive plan shall specify the programs, eligibility criteria, referral, and enrollment process, the assessment and client-specific planning case management process, a program design that includes a variable length of stay based on assessed need, and the evaluation methodology to show the impact of the program on prison admissions and recidivism.

(7) The length of stay for a probationer or parolee in phase II residential placement shall be at the department's discretion based on the offender assessment and client-specific planning case management process and the offender's progress at meeting the case management objectives, but shall not exceed 120 days.

(8) The department shall require the program administrator to report on the program pursuant to section 704 of this bill. The reports shall also be submitted to the state budget director, the senate and house fiscal agencies, and the senate and house appropriations subcommittees on corrections. The department shall require the program administrator to report by March 1, 2000 to the department, the state budget director, the senate and house fiscal agencies, and the senate and house appropriations subcommittees on corrections concerning the program's impact on prison admissions and recidivism including, but not limited to, the numbers of offenders released from the probation detention program who are arrested for a felony offense within 1 year of their termination from the program.

CONSENT DECREES

Sec. 801. Funding appropriated in section 111 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 this bill for any surgery, procedure, or treatment to provide or maintain a prisoner's sex change unless it is determined medically necessary by a physician.

Sec. 902. The department may require prisoners to pay a co-payment of not less than $3.00 for nonemergency medical care.

INSTITUTIONAL OPERATIONS

Sec. 1001. The maximum reimbursement to colleges participating in the prisoner rehabilitation and education program (PREP) shall be limited to $4.00 per student contact hour not to exceed 19.5 contact hours per semester credit hour.

Sec. 1002. (1) No appropriations in this bill shall be used to pay any costs associated with college or university programming for prison inmates, unless such payments are required by existing court orders or consent decrees.

(2) If the department is successful in modifying the Hadix v Johnson consent decree to eliminate required college and university programming, all funding for the prisoner rehabilitation and education program shall be transferred to vocational/education line items in the budget to eliminate waiting lists for general education development, adult basic education, and vocational education programming. Transfers for this purpose shall be made through the legislative transfer process pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 1003. If funds appropriated under part 1 for the prisoner rehabilitation and education program are expended to pay for higher education expenses of a prisoner, the prisoner, as a condition of receiving those funds, shall contractually agree with the department to repay those funds. This requirement will not be implemented if a federal judge determines that implementation would violate a federal consent decree or court order.

Sec. 1004. 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. 1005. 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.

Sec. 1006. It is the intent of the legislature that possession and use of personal property by prisoners be considered a privilege and not a right.

Sec. 1007. As a condition of expenditure of funds appropriated in part 1, the department shall prohibit prisoners from using interdepartmental mail except to correspond with the department.

Sec. 1008. Funds appropriated under part 1 shall not be expended to provide prisoners with access to or use of the Internet or any similar system.

Sec. 1009. 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.

INMATE HOUSING FUND

Sec. 1101. 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.

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