February 15, 2001, Introduced by Reps. LaSata, Mead, Stewart, Newell, Shackleton, Stamas, Vander Roest, Jansen, Kooiman, Mortimer, Pappageorge, Cameron Brown and Shulman 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, 2002; 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:
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, 2002, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY:
Average population 50,467
Full-time equated unclassified positions 16.0
Full-time equated classified positions 19,497.0
GROSS APPROPRIATION $ 1,757,272,000
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers 6,227,900
ADJUSTED GROSS APPROPRIATION $ 1,751,044,100
Federal revenues:
Total federal revenues 26,532,400
Special revenue funds:
Total local revenues 349,600
Total private revenues 0
Total other state restricted revenues 49,221,600
State general fund/general purpose $ 1,674,940,500
Sec. 102. EXECUTIVE
Average population 480
Full-time equated unclassified positions 16.0
Full-time equated classified positions 84.5
Unclassified positions--16.0 FTE positions $ 1,316,700
Executive direction--82.5 FTE positions 8,101,700
Michigan youth correctional facility - management
services 11,374,400
Michigan youth correctional facility - administration
--2.0 FTE positions 196,100
Average population 480
Michigan youth correctional facility - lease
payments 5,589,100
GROSS APPROPRIATION $ 26,578,000
Appropriated from:
Federal revenues:
Federal revenues and reimbursement 17,159,600
Special revenue funds:
State general fund/general purpose $ 9,418,400
Sec. 103. ADMINISTRATION AND PROGRAMS
Full-time equated classified positions 427.6
Planning, research, and information services--83.5
FTE positions $ 9,449,500
Program services and education grants--13.0 FTE
positions 1,318,400
Administrative services--69.6 FTE positions 5,787,200
Substance abuse administration and testing 21,075,500
MDOC, in-prison pilot drug treatment program 1,630,300
MDOC, technical violator pilot drug treatment
program 1,000,000
Inmate legal services 314,900
Training 15,206,800
Training administration--37.5 FTE positions 4,104,700
Prison industries operations--224.0 FTE
positions 15,793,800
Rent 2,240,800
Equipment and special maintenance 2,054,000
Worker's compensation 20,937,400
Compensatory buyout and union leave bank 275,000
Prosecutorial and detainer expenses 4,051,000
GROSS APPROPRIATION $ 105,239,300 Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund 630,300
Federal revenues:
Federal revenues and reimbursements 1,412,500
Special revenue funds:
Correctional industries revolving fund 15,793,800
State general fund/general purpose $ 87,402,700
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Average population 808
Full-time equated classified programs 2,333.7
Field programs $ 9,324,100
Personnel costs--1,560.0 FTE positions 99,412,600
Parole board operations--26.0 FTE positions 2,133,000
Loans to parolees 265,000
Boot camp-phase III/intensive supervision--72.0
FTE positions 3,342,100
Parole/probation services 2,286,500
Tether operations--167.3 FTE positions 8,489,700
Community residential programs--269.1 FTE
positions 22,461,700
Technical rule violator program--104.3 FTE
positions 9,562,300
Special alternative incarceration program--135.0
FTE positions 10,463,600
GROSS APPROPRIATION $ 167,740,600
Appropriated from:
Special revenue funds:
Local restricted revenues and reimbursements 349,600
State restricted revenues and reimbursements 16,323,800
State general fund/general purpose $ 151,067,200
Sec. 105. COMMUNITY CORRECTIONS
Full-time equated classified positions 17.0
Community corrections administration--17.0
FTE positions $ 1,549,200
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 18,500,000
GROSS APPROPRIATION $ 48,028,900
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements 13,192,100
State general fund/general purpose $ 34,836,800
Sec. 106. CONSENT DECREES
Average population 400
Full-time equated classified positions 577.4
Hadix consent decree--157.0 FTE positions $ 11,018,900
DOJ consent decree--166.5 FTE positions 11,343,300
DOJ psychiatric plan-MDCH mental health
services 73,796,000
DOJ psychiatric plan-MDOC staff and services--253.9
FTE positions 15,732,800
GROSS APPROPRIATION $ 111,891,000
Appropriated from:
State general fund/general purpose $ 111,891,000
Sec. 107. HEALTH CARE
Full-time equated classified positions 969.7
Health care administration--16.0 FTE positions $ 2,011,600
Hospital and speciality care services 47,692,100
Vaccination program 1,491,300
Northern region clinical complexes--238.4 FTE
positions 23,108,800
Southeastern region clinical complexes--422.0 FTE
positions 44,719,500
Southwestern region clinical complexes--293.3 FTE
positions 25,844,400
GROSS APPROPRIATION $ 144,867,700
Appropriated from:
Federal revenues:
Federal revenues and reimbursements 85,000
Special revenue funds:
State general fund/general purpose $ 144,782,700
Sec. 108. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions 534.5
Correctional facilities administration--33.0 FTE
positions $ 3,292,800
Housing inmates in federal institutions 494,000
Education services and federal education grants
--23.0 FTE positions 4,598,400
Federal school lunch program 712,800
Leased beds 100
Inmate housing fund 100
Dental lab operations 102,300
Academic/vocational programs--478.5 FTE
positions 38,531,200
GROSS APPROPRIATION $ 47,731,700
Appropriated from:
Interdepartmental transfer revenues:
IDT, dental lab user fee 102,300
Federal revenues:
Federal revenues and reimbursements 5,331,000
Special revenue funds:
State general fund/general purpose $ 42,298,400 Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
Average population 14,330
Full-time equated classified positions 4,497.2
Alger maximum correctional facility-Munising
--381.4 FTE positions $ 28,374,400
Average population 844
Baraga maximum correctional facility-Baraga
--448.2 FTE positions 32,295,700
Average population 1,084
Chippewa correctional facility-Kincheloe
--566.7 FTE positions 43,187,800
Average population 2,322
Kinross correctional facility-Kincheloe
--574.3 FTE positions 45,572,900
Average population 2,423
Marquette Branch prison-Marquette
--429.8 FTE positions 35,016,200
Average population 1,129
Newberry correctional facility-Newberry
--359.4 FTE positions 26,434,200
Average population 1,144
Oaks correctional facility-Eastlake
--417.8 FTE positions 31,331,100
Average population 900
Ojibway correctional facility-Marenisco
--295.4 FTE positions 20,586,700
Average population 1,196
Pugsley correctional facility-Kingsley
--231.4 FTE positions 15,084,400
Average population 954
Saginaw correctional facility-Freeland
--387.6 FTE positions 27,869,100
Average population 1,468
Standish maximum correctional facility-Standish
--405.2 FTE positions 30,405,400
Average population 866
GROSS APPROPRIATION $ 336,157,900
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements 1,137,600
State general fund/general purpose $ 335,020,300
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Average population 17,692
Full-time equated classified positions 5,576.0
Cooper Street correctional facility-Jackson
--285.2 FTE positions $ 22,894,400
Average population 1,360
G. Robert Cotton correctional facility-Jackson
--467.5 FTE positions 35,810,400
Average population 1,842
Charles E. Egeler correctional-Jackson
--302.8 FTE positions 21,135,700
Average population 1,006
Gus Harrison correctional facility-Adrian
--542.6 FTE positions 40,770,900
Average population 2,200
Huron Valley men's facility-Ypsilanti
--292.8 FTE positions 21,842,500
Average population 497
Jackson maximum correctional facility-Jackson
--657.0 FTE positions 48,287,100
Average population 1,556
Macomb correctional facility-New Haven
--388.3 FTE positions 26,832,400
Average population 1,468
Mound correctional facility-Detroit
--355.4 FTE positions 25,588,300
Average population 1,044
Parnall correctional facility-Jackson
--298.0 FTE positions 23,437,000
Average population 1,448
Ryan correctional facility-Detroit
--346.3 FTE positions 25,887,400
Average population 1,044
Scott correctional facility-Plymouth
--340.7 FTE positions 24,828,500
Average population 847
Southern Michigan correctional facility-Jackson
--482.6 FTE positions 31,503,900
Average population 881
Thumb correctional facility-Lapeer
--382.7 FTE positions 27,796,900
Average population 1,454
Western Wayne correctional facility-Plymouth
--328.1 FTE positions 26,229,200
Average population 1,045
Jackson area support and services --106.0 FTE
positions 19,060,100
GROSS APPROPRIATION $ 421,904,700
Appropriated from:
Interdepartmental transfer revenues:
IDT, surplus food user fees 262,200
IDT, production kitchen user fees 5,233,100
Federal revenues:
Federal revenues and reimbursements 2,544,300
Special revenue funds:
State restricted revenues and reimbursements 1,397,300
State general fund/general purpose $ 412,467,800
Sec. 111. SOUTHWESTERN REGION CORRECTIONAL FACILITIES
Average population 16,757
Full-time equated classified positions 4,479.4
E.C. Brooks correctional facility-Muskegon
--516.3 FTE positions 40,187,100
Average population 2,200
Carson City correctional facility-Carson City
--551.8 FTE positions 41,902,800
Average population 2,200
Florence Crane correctional facility-Coldwater
--398.8 FTE positions 30,402,700
Average population 1,350
Richard A. Handlon Michigan training unit-Ionia
--269.0 FTE positions 21,558,300
Average population 1,315
Ionia maximum correctional facility-Ionia
--371.0 FTE positions 27,034,000
Average population 636
Ionia temporary correctional facility-Ionia
--208.9 FTE positions 16,833,800
Average population 960
Lakeland correctional facility-Coldwater
---268.9 FTE positions 21,683,900
Average population 1,200
Michigan reformatory-Ionia
--392.1 FTE positions 33,181,700
Average population 1,338
Muskegon correctional facility-Muskegon
--310.4 FTE positions 25,050,200
Average population 1,310
Pine River correctional facility-St. Louis
--225.6 FTE positions 17,372,500
Average population 960
Riverside correctional facility-Ionia
--341.0 FTE positions 27,189,900
Average population 1,034
St. Louis correctional facility-St. Louis
--625.6 FTE positions 45,735,300
Average population 2,254
GROSS APPROPRIATION $ 348,132,200 Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements 1,377,000
State general fund/general purpose $ 346,755,200
Sec. 112. BUDGETARY SAVINGS
Budgetary savings (1,000,000)
GROSS APPROPRIATION $ (1,000,000)
Appropriated from:
State general fund/general purpose $ (1,000,000)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2001-2002 is $1,724,162,100.00 and state spending from state resources to be paid to local units of government for fiscal year 2001-2002 is $81,743,400.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff $ 36,381,700
Prosecutorial and detainer expenses 4,051,000
Public service work projects 13,331,000
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 $ 81,743,400
Sec. 202. The appropriations authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" or "MDOC" means the Michigan department of corrections.
(b) "DOJ" means the United States department of justice.
(c) "FTE" means full-time equated position.
(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.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the 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 $5,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 206. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of 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 an Internet or Intranet site. Quarterly, the department shall provide to the appropriations subcommittee members, state budget office, and the fiscal agencies an electronic and paper copy listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, if any.
Sec. 207. (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.
(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, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report by the thirtieth of each month to the chairpersons of the senate and house 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. 208. (1) The negative appropriation for budgetary savings in part 1 shall be satisfied by savings from the hiring freeze imposed in Section 207 and, if necessary, by other savings identified by the department director and approved by the state budget director.
(2) Appropriation authorizations shall be adjusted after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 209. (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. 210. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, public works programs, custody escorts, compassionate visits, academic/vocational services, employee meals, union steward activities, 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. 211. Of the state general fund/general purpose revenue appropriated in part 1, $566,861,600.00 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. 212. The department shall provide quarterly reports on the Michigan youth correctional facility to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The reports shall provide information relevant to an assessment of the safety and security of the institution, including, but not limited to, information on the number of critical incidents by type occurring at the facility, the number of custody staff at the facility, staff turnover rates, staff vacancy rates, overtime reports, prisoner
grievances, and number and severity of assaults occurring at the facility. The reports also shall provide information on programming available at the facility and on program enrollments, including, but not limited to, academic/vocational programs, counseling programs, mental health treatment programs, substance abuse treatment programs, and cognitive restructuring programs.
Sec. 213. By September 30, 2002 the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director the amount of savings realized through the consolidation of special alternative incarceration line items and of facility line items, and how such savings were utilized within their respective line items.
SUBSTANCE ABUSE TESTING AND TREATMENT
Sec. 301. (1) The department shall screen and assess each prisoner for alcohol and other drug involvement to determine the need for further treatment. The assessment process shall be designed to identify the severity of alcohol and other drug addiction and determine the treatment plan, if appropriate.
(2) Subject to the availability of funding resources, the department shall provide substance abuse treatment to prisoners with priority given to those prisoners who are most in need of treatment and who can best benefit from program intervention based on the screening and assessment provided under subsection (1).
Sec. 302. (1) 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.
(2) By September 30, 2002, the department shall report to the house and senate appropriations subcommittees on corrections, the state budget office, and the house and senate fiscal agencies on the allocation, distribution, and expenditure of all funds appropriated by the substance abuse administration and testing line item. Information required by this subsection shall, where possible, be separated by MDOC administrative region and by offender type, including at a minimum a distinction between prisoners, parolees, and probationers.
Sec. 303. The amount appropriated in part 1 for the MDOC in-prison drug treatment program shall be used by the department to continue 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. 304. The amount appropriated in part 1 for the MDOC technical violator pilot drug treatment program shall be used by the department to continue to implement a pilot program aimed at reducing parolee and probationer prison admissions for substance abuse related technical violations or crimes.
Sec. 305. (1) The purpose of the substance abuse treatment pilot programs funded under sections 304 and 305 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 under part 1 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 304 and 305.
(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 304 and 305 of this bill 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 and under 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 report by April 1, 2002 to the house and senate appropriations subcommittees on corrections and the house and senate fiscal agencies and the state budget office 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.
EXECUTIVE
Sec. 401. The department shall submit 3-year and 5-year prison population projection updates by February 1, 2002 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director.
Sec. 402. (1) The department shall prepare by April 1, 2002, 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 will be submitted to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director. The reports shall include the following:
(a) Monthly new participants.
(b) Monthly participant unsuccessful terminations, including cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of program location(s), capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail utilization and the cost effectiveness of the program.
Sec. 403. From the funds appropriated in part 1, the department shall continue to maintain county jail services staff sufficient to enable the department to continue to fulfill its functions of providing technical support, inspections of county jails, and maintenance of the jail reimbursement program.
ADMINISTRATION AND PROGRAMS
Sec. 501. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) Of the amount appropriated in part 1 for personnel, a sufficient amount shall be allocated for the community service work program and shall be used for salaries and wages and fringe benefit costs of community service coordinators employed by the department to supervise offenders participating in work crew assignments. Funds shall also be used to cover motor transport division rates on state vehicles used to transport offenders to community service work project sites.
(2) The community service work program shall provide offenders with community service work of tangible benefit to a community while fulfilling court-ordered community service work sanctions and other postconviction obligations.
(3) As used in this section, "community service work" means work performed by an offender in an unpaid position with a nonprofit or tax supported or government agency for a specified number of hours of work or service within a given time period.
Sec. 602. (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 104 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 as determined by the department, 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. 603. 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. 604. The department shall establish a uniform rate to be paid by agencies that benefit from public work services provided by special alternative incarceration participants and prisoners.
Sec. 605. The department shall provide annual training in universal precautions for airborne and bloodborne pathogens for all field operations employees who conduct instant drug tests.
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.
Sec. 702. (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. 703. (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. 704. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails felons who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse counties for housing and custody of convicted felons if the conviction was for a crime committed before January 1, 1999 and 1 of the following applies:
(a) The felon would otherwise have been sentenced to a state prison term with a minimum sentencing guidelines range minimum of 12 months or more.
(b) The felon was convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or a combination of both, third or subsequent offense, under section 625(8)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony.
(c) The felon was sentenced under section 11 or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.11 and 769.12.
(3) The county jail reimbursement program shall reimburse counties for housing and custody of convicted felons if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies:
(a) The felon was convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or a combination of both, third or subsequent offense, under section 625(8)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony.
(b) The felon's sentencing guidelines recommended range upper limit is more than 18 months, the felon's sentencing guidelines recommended range lower limit is 12 months or less, the felon's prior record variable score is 35 or more points, and the felon's sentence is not for commission of a crime in crime class G or crime class H under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(c) The felon's minimum sentencing guidelines range minimum is more than 12 months.
(4) State reimbursement under this section for prisoner housing and custody expenses per diverted offender shall be $43.00 per diem for up to an one-year total.
(5) 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.
(7) The department, the Michigan association of counties, and the Michigan sheriffs' association shall review the periodic findings of the study required in subsection (6) and, if appropriate, recommend modification of the criteria for reimbursement contained in subsection (3)(b) and (c). Any recommended modification shall be forwarded to the house and senate appropriations subcommittees on corrections.
(8) The department shall reimburse counties for offenders in jail based upon the reimbursement eligibility criteria in place on the date the offender was originally sentenced for the reimburseable offense.
(9) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for this purpose. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC requirements for documentation. As a condition of expending funds under this section, the department shall by October 15, 2001 distribute the documentation requirements to all counties.
Sec. 705. (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 part 1 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, and shall be consistent with sections 701, 702, 703, and 706.
(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 not later than September 30, 2002 to 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 part 1 for consent decree line items is appropriated into separate control accounts created for each line item. Funding in each control account shall be distributed as necessary into separate accounts created for the purpose of separately identifying costs and expenditures associated with each consent decree.
HEALTH CARE
Sec. 901. The department shall not expend funds appropriated under part 1 for any surgery, procedure, or treatment to provide or maintain a prisoner's sex change unless it is determined medically necessary by a physician.
INSTITUTIONAL OPERATIONS
Sec. 1001. As a condition of expenditure of the funds appropriated in part 1, the department shall ensure that smoking areas are designated for use by prisoners and staff at each facility. At a minimum, all outdoor areas within each facility's perimeter shall be designated for smoking, except that smoking may be forbidden within 20 feet of any building designated as nonsmoking or smoke-free.
Sec. 1002. From the funds appropriated in part 1, the department shall allocate sufficient funds to develop a pilot children's visitation program. The pilot program shall teach parenting skills and arrange for day visitation at these facilities for parents and their children, except for the families of prisoners convicted of a crime involving criminal sexual conduct in which the victim was less than 18 years of age or involving child abuse.
Sec. 1003. The department shall prohibit prisoners access to or use of the Internet or any similar system.
Sec. 1004. Any department employee who, in the course of his or her job, is determined by a physician to have had a potential exposure to the hepatitis B virus, shall receive a hepatitis B vaccination upon request.
Sec. 1005. From the funds appropriated in part 1, the department shall contract for or perform its own evaluation of Project RESTART and Project CHANGE to determine whether funding for these programs should be continued. A report on the results of the study shall be submitted to the house and senate appropriations subcommittees on
corrections and the house and senate fiscal agencies by September 30, 2002. The study shall measure cognitive changes and recidivism rates, if appropriate, and track the security level changes for participants in comparison to the participant's skills and abilities upon entry to the program, to a control group of prisoners who would have been eligible for the program, but could not participate due to relocation, parole, or other like situations, and to the general population.
Sec. 1006. (1) The inmate housing fund shall be used for the custody, treatment, clinical, and administrative costs associated with the housing of prisoners other than those specifically budgeted for elsewhere in this bill. Funding in the inmate housing fund is appropriated into a separate control account. Funding in the control account shall be distributed as necessary into separate accounts created to separately identify costs for specific purposes.
(2) Quarterly reports on all expenditures from the inmate housing fund shall be submitted by the department to the state budget director, the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies.
Sec. 1007. The department shall provide programs that allow prisoners to self-rehabilitate for successful reintegration into the community. The department shall report to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director, the
number of prisoners enrolled as of September 30, 2001 in each academic/vocational program offered, the number of prisoners completing the program during fiscal year 2000-2001, and the number of prisoners on waiting lists. The report shall include information on Michigan prison build program outcomes, including, but not limited to, the number of prisoners who participated in the program during fiscal year 2000-2001; the number of houses/components completed; facilities included in the program.