SENATE BILL No. 965
EXECUTIVE BUDGET BILL
February 3, 2000, Introduced by Senators NORTH, HOFFMAN and JOHNSON and referred to the Committee on Appropriations.
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2001; 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, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY:
Average population 51,189
Full-time equated unclassified positions 16.0
Full-time equated classified positions 19,768.8
GROSS APPROPRIATION $ 1,703,340,600
Interdepartmental grant revenues:
Total interdepartmental grants 616,700
Total intradepartmental transfers 6,093,800
ADJUSTED GROSS APPROPRIATION $ 1,696,630,100
Federal revenues:
Total federal revenues 26,633,600
Restricted revenue funds:
Total local revenues 429,500
Total private revenues 0
Total state restricted revenues 50,484,300
State general fund/general purpose $ 1,619,082,700
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 16.0
Full-time equated classified positions 83.5
Unclassified salaries $ 1,290,900
Executive direction--81.5 FTE positions 7,854,700
Michigan youth correctional facility--2.0 FTE
positions 16,868,300
GROSS APPROPRIATION $ 26,013,900
Appropriated from:
Federal revenues:
Federal revenues and reimbursement 16,868,300
State general fund/general purpose $ 9,145,600
Sec. 103. ADMINISTRATION AND PROGRAMS
Full-time equated classified positions 425.4
Administrative services--67.6 FTE positions $ 5,818,100
Prisoner programs and treatment--35.0 FTE
positions 29,813,500
Training--32.5 FTE positions 19,247,800
Prison industries operations--203.8 FTE
positions 15,504,100
Planning, research, and information services--86.5
FTE positions 9,858,200
Rent 2,240,800
Equipment and special maintenance 2,054,000
Worker's compensation 16,060,400
Compensatory buyout and union leave bank 275,000
Reimbursement to counties, parole revocation
hearings and court settlements 4,051,000
GROSS APPROPRIATION $ 104,922,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund 616,700
Federal revenues:
Federal revenues and reimbursements 5,709,400
Special revenue funds:
Local revenues and reimbursements 122,900
Correctional industries revolving fund 15,597,600
State restricted revenues and reimbursements 287,500
State general fund/general purpose $ 82,588,800
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Average population 808
Full-time equated classified programs 2,326.3
Field programs--1,556.0 FTE positions $ 99,853,600
Parole board operations--22.0 FTE positions 1,658,000
Rent and building occupancy charges 1,492,900
Boot camp-phase III/intensive supervision--72.0
FTE positions 3,037,000
Parole/probation services 2,286,500
Tether operations--167.3 FTE positions 8,107,400
Community residential programs--269.1 FTE
positions 22,119,600
Technical rule violator program--104.9 FTE
positions 9,330,000
Special alternative incarceration program--135.0
FTE positions 10,186,900
GROSS APPROPRIATION $ 158,071,900
Appropriated from:
Special revenue funds:
Local revenues and reimbursements 306,600
State restricted revenues and reimbursements 16,995,600
State general fund/general purpose $ 140,769,700
Sec. 105. COMMUNITY CORRECTIONS
Full-time equated classified positions 17.0
Community corrections administration--17.0
FTE positions $ 1,503,900
Community corrections board expense 15,000
Probation residential centers 14,896,600
Community corrections comprehensive plans and
services 13,033,000
Public education and training 50,000
Regional jail program 100
County jail reimbursement program 17,982,200
GROSS APPROPRIATION $ 47,480,800
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements 13,744,700
State general fund/general purpose $ 33,736,100
Sec. 106. 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 10,762,900
DOJ consent decree--166.5 FTE positions 11,081,100
DOJ psychiatric plan-MDCH mental health
services 71,380,700
DOJ psychiatric plan-MDOC staff and services-253.9
FTE positions 15,369,200
GROSS APPROPRIATION $ 109,614,000
Appropriated from:
State general fund/general purpose $ 109,614,000
Sec. 107. HEALTH CARE
Full-time equated classified positions 1,016.5
Health care administration--18.0 FTE positions $ 3,580,300
Hospital and speciality care services 44,779,200
Adrian clinical complex--31.2 FTE positions 3,435,900
Baraga clinical--18.9 FTE positions 1,488,000
Coldwater clinical complex--51.3 FTE positions 4,722,900
Detroit clinical complex--32.2 FTE positions 2,889,900
Ionia clinical complex--168.8 FTE positions 11,778,900
Jackson clinical complex--231.9 FTE positions 26,947,100
Kincheloe clinical complex--65.0 FTE positions 6,618,100
Lapeer clinical complex--18.2 FTE positions 1,517,500
Macomb clinical complex--17.4 FTE positions 1,610,200
Marquette clinical complex--50.0 FTE positions 4,456,300
Muskegon clinical complex--56.5 FTE positions 3,909,400
Newberry clinical complex--19.8 FTE positions 1,512,400
Oaks clinical complex--15.7 FTE positions 1,926,300
Ojibway clinical complex--17.8 FTE positions 1,634,000
Plymouth clinical complex--54.5 FTE positions 4,458,500
Pugsley clinical complex--17.8 FTE positions 1,446,600
Saginaw clinical complex--17.4 FTE positions 1,344,600
St. Louis clinical complex--60.6 FTE positions 5,486,900
Standish clinical complex--18.0 FTE positions 1,845,100
Ypsilanti clinical complex--35.5 FTE positions 2,756,000
GROSS APPROPRIATION $ 140,144,100
Appropriated from:
Federal revenues:
Federal revenues and reimbursements 83,500
Special revenue funds:
State general fund/general purpose $ 140,060,600
Sec. 108. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions 480.5
Correctional facilities administration--19.0 FTE
positions $ 3,373,100
Leased beds 100
Academic/vocational costs--461.5 FTE positions 37,204,500
Inmate housing fund 100
GROSS APPROPRIATION $ 40,577,800
Appropriated from:
Federal revenues:
Federal revenues and reimbursements 1,026,800
Special revenue funds:
Correctional industries revolving fund 83,800
State restricted revenues and reimbursements 8,000
State general fund/general purpose $ 39,459,200 Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
Full-time equated classified positions 4,428.0
Alger maximum correctional facility-Munising
--380.8 FTE positions $ 27,630,100
Baraga maximum correctional facility-Baraga
--446.2 FTE positions 31,328,500
Chippewa correctional facility-Kincheloe
--560.3 FTE positions 42,211,600
Kinross correctional facility-Kincheloe
--570.1 FTE positions 44,415,200
Marquette Branch prison-Marquette
--480.8 FTE positions 36,647,500
Newberry correctional facility-Newberry
--354.4 FTE positions 25,528,700
Oaks correctional facility-Eastlake
--419.8 FTE positions 30,770,800
Ojibway correctional facility-Marenisco
--233.6 FTE positions 15,974,600
Pugsley correctional facility-Kingsley
--235.8 FTE positions 14,632,800
Saginaw correctional facility-Freeland
--343.4 FTE positions 25,455,600
Standish maximum correctional facility-Standish
--402.8 FTE positions 29,172,100
GROSS APPROPRIATION $ 323,767,500
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements 1,098,500
State general fund/general purpose $ 322,669,000
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Full-time equated classified positions 5,480.6
Cooper street correctional facility-Jackson
--277.8 FTE positions $ 21,597,000
G. Robert Cotton correctional facility-Jackson
--463.3 FTE positions 34,583,200
Charles E. Egeler correctional-Jackson
--301.8 FTE positions 20,396,600
Gus Harrison correctional facility-Adrian
--543.6 FTE positions 39,838,000
Huron Valley men's facility-Ypsilanti
--287.8 FTE positions 21,295,900
Jackson maximum correctional facility-Jackson
--637.2 FTE positions 45,163,700
Macomb correctional facility-New Haven
--344.3 FTE positions 24,629,000
Mound correctional facility-Detroit
--355.4 FTE positions 24,426,800
Parnall correctional facility-Jackson
--295.0 FTE positions 22,360,600
Ryan correctional facility-Detroit
--346.3 FTE positions 25,144,100
Scott correctional facility-Plymouth
--340.7 FTE positions 24,231,500
Dental lab operations 102,300
Southern Michigan correctional facility-Jackson
--482.6 FTE positions 30,553,500
Print shop operations 282,000
Thumb correctional facility-Lapeer
--333.7 FTE positions 25,303,500
Western Wayne correctional facility-Plymouth
--346.1 FTE positions 26,200,400
Jackson area administrative support and services
--125.0 FTE positions 19,301,100
GROSS APPROPRIATION $ 405,409,200
Appropriated from:
Interdepartmental grant revenues:
IDT-dental lab operations 102,300
IDT-surplus food user fees 254,500
IDT-production kitchen user fees 5,080,000
IDT-print shop user fees 282,000
Federal revenues:
Federal revenues and reimbursements 2,945,600
Special revenue funds:
State restricted revenues and reimbursements 1,554,000
State general fund/general purpose $ 395,190,800
Sec. 111. SOUTHWESTERN REGION CORRECTIONAL FACILITIES
Full-time equated classified positions 4,933.6
Bellamy Creek correctional facility-Ionia
--445.0 FTE positions $ 8,987,700
E.C. Brooks correctional facility-Muskegon
--517.3 FTE positions 39,046,800
Carson City correctional facility-Carson City
--536.2 FTE positions 40,878,200
Florence Crane women's facility-Coldwater
--400.8 FTE positions 29,848,500
Richard A. Handlon Michigan training unit-Ionia
--270.0 FTE positions 21,089,100
Ionia maximum correctional facility-Ionia
--372.0 FTE positions 26,457,000
Ionia temporary correctional facility-Ionia
--208.9 FTE positions 16,418,500
Print shop operations 375,000
Lakeland correctional facility-Coldwater
---268.9 FTE positions 21,145,600
Michigan reformatory-Ionia
--392.1 FTE positions 32,344,800
Muskegon correctional facility-Muskegon
--310.4 FTE positions 24,451,200
Pine River correctional facility-St. Louis
--225.6 FTE positions 16,265,400
Riverside correctional facility-Ionia
--341.0 FTE positions 26,513,800
St. Louis correctional facility-St. Louis
--645.4 FTE positions 43,516,900
GROSS APPROPRIATION $ 347,338,500 Appropriated from:
Interdepartmental grant revenues:
IDT-print shop user fees 375,000
Special revenue funds:
State restricted revenues and reimbursements 1,114,600
State general fund/general purpose $ 345,848,900
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 2000-2001 is $1,669,567,000.00 and state appropriations to be paid to local units of government are as follows:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff $ 36,909,600
Reimbursement to counties, parole revocation hearings,
and court settlements 4,051,000
Public service work projects 12,116,000
Community corrections comprehensive plans and
services 13,033,000
Community corrections probation residential
centers 14,896,600
Community corrections public education and
training 50,000
Regional jail program 100
TOTAL $ 81,056,300
(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 for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
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) "Department" or "MDOC" means the Michigan department of corrections.
(b) "DOJ" means the United States department of justice.
(c) "FTE" means full time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
(f) "MDCH" means the Michigan department of community health.
(g) "MDSP" means the Michigan department of state police.
(h) "PREP" means the prisoner rehabilitation and education program.
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, $511,748,700.00 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, 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 unable to deliver basic services. The state budget director shall report by the 30TH of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exception.
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. Of the amount appropriated for prisoner programs and treatment, $1,500,000.00 shall be expended for the second year of implementing the MDOC in-prison drug treatment program with a minimum of 2 in-prison drug treatment programs, and at least 1 program being for male prisoners and 1 for female prisoners.
Sec. 214. Of the amount appropriated for prisoner programs and treatment, $1,000,000.00 shall be expended for the second year of implementing the MDOC technical violator pilot drug treatment program aimed at reducing parolee and probationer prison admissions for substance abuse related technical violations or crimes.
Sec. 215. (1) The purpose of the substance abuse treatment pilot programs funded under sections 213 and 214 and under 1998 PA 321 is to evaluate and compare various substance abuse treatment modalities with regard to cost and impact on prison admission, length of stay, jail utilization, and offender relapse and recidivism and to provide for continued monitoring of offenders and evaluation of program efficacy.
(2) Any funds appropriated to prisoner programs and treatment for the MDOC in-prison drug treatment program and the MDOC technical violator pilot drug treatment program that remain unexpended at the end of the fiscal year shall not revert to the general fund but instead shall be placed in separate work project accounts to be spent as provided under this section and sections 213 and 214.
(3) The department shall contract with 1 or more independent third parties for evaluation of alcohol and substance abuse programs administered by the department, including in-prison programs and programs provided through community placement or field programs. The evaluation shall measure the impact of alcohol and other substance abuse programs on prison admission, length of stay, jail utilization, and offender relapse and recidivism. The evaluation of a program funded under section 219(6) of 1998 PA 321 shall be consistent with any requirements contained in the federal residential substance abuse and treatment grant for that program. Evaluation of substance abuse treatment pilot programs funded under sections 213 and 214 of this bill, sections 220 and 221 of 1999 PA 92, and sections 220 and 221 of 1998 PA 321 shall be consistent with recommendations developed and agreed to under section 222 of 1998 PA 321, and shall be structured so as to allow the pilot programs funded under this bill, 1999 PA 92, and 1998 PA 321 to be compared with each other. Evaluations required by this section shall to the extent feasible compare offenders treated under those programs with other offenders of similar characteristics.
(4) The department shall develop agreements with 1 or more independent third parties for monitoring of implementation of substance abuse treatment pilot programs funded under this bill, 1999 PA 92, and under 1998 PA 321.
(5) The department shall report by April 1, 2001 to the house and senate appropriations subcommittees on corrections and the house and senate fiscal agencies on the progress on implementation of the substance abuse treatment pilot programs funded under this bill, 1999 PA 92, and 1998 PA 321 and on implementation of evaluation and monitoring requirements provided by this section.
Sec. 216. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies within 30 months.
Sec. 217. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements in this bill. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or on the Intranet. The appropriations subcommittees shall be notified in writing of the Internet/Intranet site of each such report.
Sec. 218. The appropriations in part 1 contain funding to support an average prison population for each correctional facility and are as follows:
Alger maximum correctional facility-Munising 844
Baraga maximum correctional facility-Baraga 1,084
Bellamy Creek correctional facility-Ionia 1,500
E.C. Brooks correctional facility-Muskegon 2,200
Carson City correctional facility-Carson City 2,200
Chippewa correctional facility-Kincheloe 2,322
Cooper Street correctional facility-Jackson 1,302
G. Robert Cotton correctional facility-Jackson 1,842
Florence Crane women's facility-Coldwater 1,350
Charles E. Egeler correctional facility-Jackson 1,006
Richard A. Handlon Michigan training unit-Ionia 1,315
Gus Harrison correctional facility-Adrian 2,200
Huron Valley men's facility-Ypsilanti 497
Ionia maximum correctional facility-Ionia 636
Ionia temporary correctional facility-Ionia 960
Jackson maximum correctional facility-Jackson 1,556
Kinross correctional facility-Kincheloe 2,423
Lakeland correctional facility-Coldwater 1,200
Macomb correctional facility-New Haven 1,228
Marquette branch prison-Marquette 1,129
Michigan reformatory-Ionia 1,338
Michigan youth correctional facility-Baldwin 480
Mound correctional facility-Detroit 1,044
Muskegon correctional facility-Muskegon 1,310
Newberry correctional facility-Newberry 1,144
Oaks correctional facility-Eastlake 900
Ojibway correctional facility-Marenisco 1,196
Parnall correctional facility-Jackson 1,448
Pine River correctional facility-St. Louis 960
Pugsley correctional facility-Kingsley 954
Riverside correctional facility-Ionia 1,034
Ryan correctional facility-Detroit 1,044
Saginaw correctional facility-Freeland 1,228
Scott correctional facility-Plymouth 847
Southern Michigan correctional facility-Jackson 881
Standish maximum correctional facility-Standish 866
St. Louis correctional facility-St. Louis 2,254
Thumb correctional facility-Lapeer 1,214
Western Wayne correctional facility-Plymouth 1,045
Total population 49,981
EXECUTIVE
Sec. 301. The department shall submit 3-year and 5-year prison population projection updates by February 1, 2001 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, 2001 to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director.
ADMINISTRATION AND PROGRAMS
Sec. 401. From the funds appropriated for reimbursement to counties, parole revocation hearings, and court settlements, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement to institutional status and for prisoners who volunteer for placement in a county jail.
FIELD OPERATIONS ADMINISTRATION
Sec. 501. (1) Of the amount appropriated for field programs, $546,900.00 is appropriated for the community service work program and shall be used for salaries and wages and fringe benefit costs of community service coordinators employed by the department to supervise offenders participating in work crew assignments. Funds shall also be used to cover motor transport division rates on state vehicles used to transport offenders to community service work project sites.
(2) The community service work program shall provide 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.
Sec. 502. (1) All prisoners, probationers, and parolees involved with the electronic tether program shall reimburse the department for the equipment costs and telephone charges associated with their participation in the program. The department may require community service work reimbursement as a means of payment for those able-bodied individuals unable to pay for the cost of the equipment.
(2) Program participant contributions and local community tether program reimbursement for the electronic tether program appropriated in part 1 are related to program expenditures and may be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding to implement the community tether program to be administered by the department. The community tether program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state's electronic tether program to reduce prison admissions and improve local jail utilization. The department shall determine the appropriate distribution of the tether units throughout the state based upon locally developed comprehensive corrections plans pursuant to the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department 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. For an additional fee, the department will provide staff to install and service the equipment. Counties are responsible for the coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days shall be considered in violation of the community tether program agreement and lose access to the program.
Sec. 503. Community-placement prisoners and parolees shall reimburse the department for the operational costs of the program. As an alternative method of payment, the department may develop a community service work schedule for those individuals unable to meet reimbursement requirements established by the department.
Sec. 504. 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.
COMMUNITY CORRECTIONS
Sec. 601. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails felons who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse counties for housing and custody of convicted felons, in a total amount not to exceed the appropriation in part 1. Reimbursement criteria shall be based on sentencing guidelines score and other offender characteristics that are consistent with the intent of diverting felons who otherwise would have been sentenced to prison which shall be developed by the department.
(3) From the funds appropriated in part 1 for the county jail reimbursement program, the department shall contract for an ongoing study to determine the impact of the new legislative sentencing guidelines. The study shall analyze historical sentencing patterns of jurisdictions as well as current and future patterns in order to determine and quantify the population impact on prisons and jails of the new guidelines as well as to identify and define felon or crime characteristics or sentencing guidelines scores that indicate a felon is a prison diversion. The department shall contract for a local and statewide study for this purpose and provide periodic reports regarding the status and findings of the study to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director.
Sec. 602. (1) From the funds appropriated in part 1 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) Funds awarded for probation residential centers in section 105 shall provide for a per diem reimbursement of not more than $43.00.
(3) 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 $1,569,500.00.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) The department shall require the program administrator to report by March 1, 2001 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. 701. Funding appropriated in part 1 for consent decree line items is appropriated into separate control accounts created for each line item. Funding in each control account shall be distributed as necessary into separate accounts created for the purpose of separately identifying costs and expenditures associated with each consent decree.
Sec. 702. 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. 703. (1) Appropriations in this bill shall not 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 the academic/vocational costs line item in the budget to eliminate waiting lists for general education development, adult basic education, and vocational education programming. Transfers and programming changes shall be based on college and university semesters or terms. 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.
HEALTH CARE
Sec. 801. 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. 802. The department may require prisoners to pay a co-payment of not less than $3.00 for nonemergency medical care.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 901. (1) The inmate housing fund shall be used for the custody, treatment, clinical, and administrative costs associated with the housing of prisoners other than those specifically budgeted for elsewhere in this bill. Funding in the inmate housing fund is appropriated into a separate control account. Funding in the control account shall be distributed as necessary into separate accounts created to separately identify costs for specific purposes.
(2) Quarterly reports on all expenditures from the inmate housing fund shall be submitted by the department to the state budget director, the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies.
INSTITUTIONAL OPERATIONS
Sec. 1001. As a condition of expenditure of the funds appropriated in part 1, the department shall ensure that smoking areas are designated for use by prisoners and staff at each facility. At a minimum, all outdoor areas within each facility's perimeter shall be designated for smoking, except that smoking may be forbidden within 20 feet of any building designated as nonsmoking or smoke-free.
Sec. 1002. From the funds appropriated in part 1, the department shall allocate sufficient funds to develop a pilot children's visitation program. The pilot program shall teach parenting skills and arrange for day visitation at these facilities for parents and their children, except for the families of prisoners convicted of a crime involving criminal sexual conduct in which the victim was less than 18 years of age or involving child abuse.
Sec. 1003. 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. 1004. 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. 1005. 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.
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