SB-1064, As Passed Senate, March 31, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1064
A bill to make appropriations for the department of corrections
and certain state purposes related to corrections for the fiscal year
ending September 30, 2005; 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:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. Subject to the conditions set forth in this act, the
4 amounts listed in this part are appropriated for the department of
1 corrections for the fiscal year ending September 30, 2005, from the
2 funds indicated in this part. The following is a summary of the
3 appropriations in this part:
4 DEPARTMENT OF CORRECTIONS
5 APPROPRIATION SUMMARY:
6 Average population...........................51,169
7 Full-time equated unclassified positions.......16.0
8 Full-time equated classified positions.....17,788.6
9 GROSS APPROPRIATION................................. $ 1,804,618,900
10 Interdepartmental grant revenues:
11 Total interdepartmental grants and intradepartmental
12 transfers......................................... 3,364,200
13 ADJUSTED GROSS APPROPRIATION........................ $ 1,801,254,700
14 Federal revenues:
15 Total federal revenues.............................. 9,808,000
16 Special revenue funds:
17 Total local revenues................................ 393,600
18 Total private revenues.............................. 0
19 Total other state restricted revenues............... 68,090,600
20 State general fund/general purpose.................. $ 1,722,962,500
21 Sec. 102. EXECUTIVE
22 Full-time equated unclassified positions.......16.0
23 Full-time equated classified positions........263.7
24 Unclassified positions--16.0 FTE positions.......... $ 1,313,600
25 Executive direction--41.5 FTE positions............. 4,339,700
26 Policy and strategic planning--50.0 FTE positions... 5,187,900
27 Human resources--172.2 FTE positions................ 14,983,600
1 Human resources optimization user charges........... 1,299,200
2 Training............................................ 4,308,800
3 Worker's compensation............................... 21,577,000
4 Sheriffs' coordinating and training office.......... 4,000,000
5 GROSS APPROPRIATION................................. $ 57,009,800
6 Appropriated from:
7 Interdepartmental grant revenues:
8 IDG-MDSP, Michigan justice training fund............ 660,100
9 Special revenue funds:
10 Local corrections officer training fund............. 4,000,000
11 State general fund/general purpose.................. $ 52,349,700
12 Sec. 103. ADMINISTRATION AND PROGRAMS
13 Average population..............................480
14 Full-time equated classified positions........284.9
15 Administrative services--63.9 FTE positions......... $ 5,503,900
16 Substance abuse testing and treatment............... 14,765,900
17 Inmate legal services............................... 314,900
18 Prison industries operations--220.0 FTE positions... 17,532,400
19 Rent................................................ 2,095,200
20 Equipment and special maintenance................... 4,167,200
21 Compensatory buyout and union leave bank............ 275,000
22 Michigan youth correctional facility - management
23 services.......................................... 13,467,800
24 Michigan youth correctional facility -
25 administration--1.0 FTE positions................. 156,200
26 Average population..............................480
27 Michigan youth correctional facility - lease
1 payments.......................................... 5,646,100
2 Prosecutorial and detainer expenses................. 4,051,000
3 GROSS APPROPRIATION................................. $ 67,975,600
4 Appropriated from:
5 Federal revenues:
6 DOJ, office of justice programs, RSAT............... 2,349,300
7 Special revenue funds:
8 Correctional industries revolving fund.............. 17,532,400
9 State general fund/general purpose.................. $ 48,093,900
10 Sec. 104. FIELD OPERATIONS ADMINISTRATION
11 Average population..............................581
12 Full-time equated classified positions......2,248.9
13 Field operations--1,873.2 FTE positions............. $ 139,663,200
14 Parole board operations--29.0 FTE positions......... 2,321,600
15 Loans to parolees................................... 294,400
16 Parole/probation services........................... 2,867,300
17 Corrections centers--70.0 FTE positions............. 9,329,500
18 Average population..............................581
19 Electronic monitoring center--49.4 FTE positions.... 6,215,900
20 Technical rule violator program--96.3 FTE positions. 9,691,400
21 Special alternative incarceration program--131.0 FTE
22 positions......................................... 10,733,600
23 GROSS APPROPRIATION................................. $ 181,116,900
24 Appropriated from:
25 Special revenue funds:
26 Local - community tether program reimbursement...... 393,600
27 Parole and probation oversight fees................. 8,278,300
1 Tether program, participant contributions........... 6,937,200
2 Parole and probation oversight fees set-aside....... 2,867,300
3 Corrections centers, resident contributions revenue. 1,486,300
4 Technical rule violator program, public works user
5 fees.............................................. 173,700
6 Special alternative incarceration program, public
7 works user fees................................... 134,000
8 State general fund/general purpose.................. $ 160,846,500
9 Sec. 105. COMMUNITY CORRECTIONS
10 Full-time equated classified positions.........16.0
11 Community corrections administration--16.0 FTE
12 positions......................................... $ 1,503,900
13 Probation residential centers....................... 15,828,400
14 Community corrections comprehensive plans and
15 services.......................................... 13,033,000
16 Public education and training....................... 50,000
17 Regional jail program............................... 100
18 Alternatives to prison jail crowding reduction
19 program........................................... 1,619,600
20 Alternatives to prison treatment program............ 400,000
21 Felony drunk driver jail reduction and community
22 treatment program................................. 3,000,000
23 County jail reimbursement program................... 13,249,000
24 GROSS APPROPRIATION................................. $ 48,684,000
25 Appropriated from:
26 Special revenue funds:
27 Telephone fees and commissions...................... 13,192,100
1 Civil infraction fees............................... 7,000,000
2 Parole and probation oversight fees set-aside....... 400,000
3 State general fund/general purpose.................. $ 28,091,900
4 Sec. 106. CONSENT DECREES
5 Average population..............................400
6 Full-time equated classified positions........471.3
7 Hadix consent decree--138.0 FTE positions........... $ 11,529,200
8 DOJ consent decree--106.8 FTE positions............. 8,638,800
9 DOJ psychiatric plan - MDCH mental health services.. 69,194,100
10 DOJ psychiatric plan - MDOC staff and
11 services--226.5 FTE positions..................... 15,616,200
12 GROSS APPROPRIATION................................. $ 104,978,300
13 Appropriated from:
14 State general fund/general purpose.................. $ 104,978,300
15 Sec. 107. HEALTH CARE
16 Full-time equated classified positions........923.6
17 Health care administration--18.0 FTE positions...... $ 2,303,500
18 Hospital and specialty care services................ 59,875,200
19 Hepatitis C testing and treatment................... 100
20 Vaccination program................................. 991,200
21 Northern region clinical complexes--240.4 FTE
22 positions......................................... 28,048,000
23 Southeastern region clinical complexes--360.8 FTE
24 positions......................................... 49,187,200
25 Southwestern region clinical complexes--304.4 FTE
26 positions......................................... 31,432,500
27 GROSS APPROPRIATION................................. $ 171,837,700
1 Appropriated from:
2 Special revenue funds:
3 Prisoner health care copayments..................... 315,700
4 State general fund/general purpose.................. $ 171,522,000
5 Sec. 108. CORRECTIONAL FACILITIES ADMINISTRATION
6 Average population..............................978
7 Full-time equated classified positions........781.0
8 Correctional facilities administration--45.0 FTE
9 positions......................................... $ 4,462,600
10 Housing inmates in federal institutions............. 552,600
11 Education services and federal education
12 grants--10.0 FTE positions........................ 5,642,700
13 Federal school lunch program........................ 712,800
14 Leased beds and alternatives to leased beds......... 100
15 Inmate housing fund--315.5 FTE positions............ 29,177,100
16 Average population..............................978
17 Academic/vocational programs--410.5 FTE positions... 28,165,900
18 Transportation efficiencies......................... (2,000,000)
19 GROSS APPROPRIATION................................. $ 66,713,800
20 Appropriated from:
21 Federal revenues:
22 DOJ - BOP, federal prisoner reimbursement........... 372,600
23 DED - OESE, title 1................................. 515,100
24 DED - OVAE, adult education......................... 1,868,200
25 DED, adult literacy grants.......................... 304,300
26 DED - OSERS......................................... 99,900
27 DED, vocational education equipment................. 273,800
1 DED, youthful offender/specter grant................ 1,272,800
2 DOJ - OJP, serious and violent offender
3 reintegration initiative.......................... 1,004,800
4 DAG - FNS, national school lunch.................... 712,800
5 SSA - SSI, incentive payment........................ 108,200
6 Special revenue funds:
7 Resident stores..................................... 102,800
8 State general fund/general purpose.................. $ 60,078,500
9 Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
10 Average population...........................14,805
11 Full-time equated classified positions......4,171.2
12 Alger maximum correctional facility -
13 Munising--343.0 FTE positions..................... $ 28,957,000
14 Average population..............................849
15 Baraga maximum correctional facility - Baraga--405.5
16 FTE positions..................................... 33,291,700
17 Average population............................1,084
18 Chippewa correctional facility - Kincheloe--512.3
19 FTE positions..................................... 43,324,500
20 Average population............................2,122
21 Kinross correctional facility - Kincheloe--559.7 FTE
22 positions......................................... 49,754,500
23 Average population............................2,423
24 Marquette branch prison - Marquette--386.6 FTE
25 positions......................................... 34,184,500
26 Average population............................1,129
27 Newberry correctional facility - Newberry--345.4 FTE
1 positions......................................... 27,827,000
2 Average population............................1,144
3 Oaks correctional facility - Eastlake--354.4 FTE
4 positions......................................... 31,609,600
5 Average population............................1,312
6 Ojibway correctional facility - Marenisco--285.1 FTE
7 positions......................................... 22,793,100
8 Average population............................1,202
9 Pugsley correctional facility - Kingsley--220.4 FTE
10 positions......................................... 17,477,400
11 Average population..............................954
12 Saginaw correctional facility - Freeland--356.0 FTE
13 positions......................................... 30,789,900
14 Average population............................1,480
15 Standish maximum correctional facility -
16 Standish--402.8 FTE positions..................... 33,845,300
17 Average population............................1,106
18 GROSS APPROPRIATION................................. $ 353,854,500
19 Appropriated from:
20 Special revenue funds:
21 Public works user fees.............................. 520,100
22 Resident stores..................................... 1,106,900
23 State general fund/general purpose.................. $ 352,227,500
24 Sec. 110. SOUTHEASTERN REGION CORRECTIONAL
25 FACILITIES
26 Average population...........................16,227
27 Full-time equated classified positions......4,304.7
1 Cooper Street correctional facility - Jackson--267.2
2 FTE positions..................................... 23,781,400
3 Average population............................1,360
4 G. Robert Cotton correctional facility -
5 Jackson--429.3 FTE positions...................... 35,792,600
6 Average population............................1,734
7 Charles E. Egeler correctional facility -
8 Jackson--578.6 FTE positions...................... 51,017,200
9 Average population............................2,071
10 Gus Harrison correctional facility - Adrian--494.2
11 FTE positions..................................... 41,845,600
12 Average population............................2,102
13 Macomb correctional facility - New Haven--325.5 FTE
14 positions......................................... 26,555,200
15 Average population............................1,228
16 Mound correctional facility - Detroit--311.5 FTE
17 positions......................................... 25,193,100
18 Average population............................1,051
19 Parnall correctional facility - Jackson--266.2 FTE
20 positions......................................... 23,426,700
21 Average population............................1,378
22 Ryan correctional facility - Detroit--305.9 FTE
23 positions......................................... 26,056,500
24 Average population............................1,059
25 Robert Scott correctional facility - Plymouth--435.7
26 FTE positions..................................... 35,391,100
27 Average population............................1,284
1 Southern Michigan correctional facility -
2 Jackson--418.8 FTE positions...................... 33,758,900
3 Average population............................1,481
4 Thumb correctional facility - Lapeer--374.8 FTE
5 positions......................................... 30,982,400
6 Average population............................1,479
7 Jackson area support and services - Jackson--97.0
8 FTE positions..................................... 17,784,900
9 GROSS APPROPRIATION................................. $ 371,585,600
10 Appropriated from:
11 Intradepartmental transfer revenues:
12 IDT, production kitchen user fees................... 2,704,100
13 Federal revenues:
14 DOJ, state criminal alien assistance program........ 926,200
15 Special revenue funds:
16 Public works user fees.............................. 413,000
17 Resident stores..................................... 1,354,300
18 State general fund/general purpose.................. $ 366,188,000
19 Sec. 111. SOUTHWESTERN REGION CORRECTIONAL
20 FACILITIES
21 Average population...........................17,698
22 Full-time equated classified positions......4,323.3
23 Bellamy Creek correctional facility - Ionia--503.1
24 FTE positions..................................... 41,029,400
25 Average population............................1,830
26 Earnest C. Brooks correctional facility -
27 Muskegon--475.9 FTE positions..................... 40,934,700
1 Average population............................2,200
2 Carson City correctional facility - Carson
3 City--527.4 FTE positions......................... 44,394,500
4 Average population............................2,200
5 Richard A. Handlon correctional facility-
6 Ionia--254.2 FTE positions........................ 22,464,100
7 Average population............................1,320
8 Ionia maximum correctional facility - Ionia--322.8
9 FTE positions..................................... 26,315,300
10 Average population..............................667
11 Lakeland correctional facility - Coldwater--673.1
12 FTE positions..................................... 57,718,600
13 Average population............................2,816
14 Muskegon correctional facility - Muskegon--259.4 FTE
15 positions......................................... 23,357,200
16 Average population............................1,310
17 Pine River correctional facility - St. Louis--214.4
18 FTE positions..................................... 17,929,600
19 Average population..............................960
20 Riverside correctional facility - Ionia--498.2 FTE
21 positions......................................... 44,614,800
22 Average population............................2,171
23 St. Louis correctional facility - St. Louis--594.8
24 FTE positions..................................... 48,485,900
25 Average population........................... 2,224
26 GROSS APPROPRIATION................................. $ 367,244,100
27 Appropriated from:
1 Special revenue funds:
2 Public works user fees.............................. 226,100
3 Resident stores..................................... 1,540,900
4 State general fund/general purpose.................. $ 365,477,100
5 Sec. 112. INFORMATION TECHNOLOGY
6 Information technology services and projects........ $ 13,618,600
7 GROSS APPROPRIATION................................. $ 13,618,600
8 Appropriated from:
9 Special revenue funds:
10 Correctional industries revolving fund.............. 9,500
11 Parole and probation oversight fees set-aside....... 500,000
12 State general fund/general purpose.................. $ 13,109,100
13 PART 2
14 PROVISIONS CONCERNING APPROPRIATIONS
15 GENERAL SECTIONS
16 Sec. 201. Pursuant to section 30 of article IX of the state
17 constitution of 1963, total state spending from state resources under
18 part 1 for fiscal year 2004-2005 is $1,791,053,100.00 and state
19 spending from state resources to be paid to local units of government
20 for fiscal year 2004-2005 is $88,507,700.00. The itemized statement
21 below identifies appropriations from which spending to units of local
22 government will occur:
23 DEPARTMENT OF CORRECTIONS
24 Field operations - assumption of county probation
25 staff............................................. $ 40,605,000
1 Prosecutorial and detainer expenses................. 4,051,000
2 Public service work projects........................ 9,920,600
3 Community corrections comprehensive plans and
4 services.......................................... 13,033,000
5 Community corrections probation residential centers. 15,828,400
6 Community corrections public education and training. 50,000
7 Felony drunk driver jail reduction and community
8 treatment program................................. 3,000,000
9 Alternatives to prison jail crowding reduction
10 program........................................... 1,619,600
11 Alternatives to prison treatment program............ 400,000
12 Regional jail program............................... 100
13 TOTAL............................................... $ 88,507,700
14 Sec. 202. The appropriations authorized under this act are
15 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
16 18.1594.
17 Sec. 203. As used in this act:
18 (a) "DAG" means the United States department of agriculture.
19 (b) "DAG - FNS" means the DAG food and nutrition service.
20 (c) "DED" means the United States department of education.
21 (d) "DED - OESE" means the DED office of elementary and secondary
22 education.
23 (e) "DED - OSERS" means the DED office of special education and
24 rehabilitative services.
25 (f) "DED - OVAE" means the DED office of vocational and adult
26 education.
27 (g) "Department" or "MDOC" means the Michigan department of
1 corrections.
2 (h) "DOJ" means the United States department of justice.
3 (i) "DOJ-BOP" means the DOJ bureau of prisons.
4 (j) "DOJ-OJP" means the DOJ office of justice programs.
5 (k) "FTE" means full-time equated.
6 (l) "IDG" means interdepartmental grant.
7 (m) "IDT" means intradepartmental transfer.
8 (n) "MDCH" means the Michigan department of community health.
9 (o) "MDSP" means the Michigan department of state police.
10 (p) "OCC" means office of community corrections.
11 (q) "RSAT" means residential substance abuse treatment.
12 (r) "SSA" means the United States social security administration.
13 (s) "SSA - SSI" means SSA supplemental security income.
14 Sec. 204. The department of civil service shall bill departments
15 and agencies at the end of the first fiscal quarter for the 1% charge
16 authorized by section 5 of article XI of the state constitution of
17 1963. Payments shall be made for the total amount of the billing by
18 the end of the second fiscal quarter.
19 Sec. 205. (1) A hiring freeze is imposed on the state classified
20 civil service. State departments and agencies are prohibited from
21 hiring any new full-time state classified civil service employees and
22 prohibited from filling any vacant state classified civil service
23 positions. This hiring freeze does not apply to internal transfers of
24 classified employees from 1 position to another within a department.
25 (2) The state budget director shall grant exceptions to this
26 hiring freeze when the state budget director believes that the hiring
27 freeze will result in rendering a state department or agency unable to
1 deliver basic services, cause a loss of revenue to the state, result
2 in the inability of the state to receive federal funds, or would
3 necessitate additional expenditures that exceed any savings from
4 maintaining a vacancy. The state budget director shall report
5 quarterly to the chairpersons of the senate and house standing
6 committees on appropriations the number of exceptions to the hiring
7 freeze approved during the previous quarter and the reasons to justify
8 the exception.
9 Sec. 207. At least 120 days before beginning any effort to
10 privatize, the department shall submit a complete project plan to the
11 appropriate senate and house of representatives appropriations
12 subcommittees and the senate and house fiscal agencies. The plan
13 shall include the criteria under which the privatization initiative
14 will be evaluated. The evaluation shall be completed and submitted to
15 the appropriate senate and house of representatives appropriations
16 subcommittees and the senate and house fiscal agencies within 30
17 months.
18 Sec. 208. Unless otherwise specified, the department shall use
19 the Internet to fulfill the reporting requirements of this act. This
20 requirement may include transmission of reports via electronic mail to
21 the recipients identified for each reporting requirement or it may
22 include placement of reports on an Internet or Intranet site.
23 Sec. 209. Funds appropriated in part 1 shall not be used for the
24 purchase of foreign goods or services, or both, if competitively
25 priced and comparable quality American goods or services, or both, are
26 available. Preference should be given to goods or services, or both,
27 manufactured or provided by Michigan businesses if they are
1 competitively priced and of comparable quality.
2 Sec. 210. The director of each department receiving
3 appropriations in part 1 shall take all reasonable steps to ensure
4 businesses in deprived and depressed communities compete for and
5 perform contracts to provide services or supplies, or both. Each
6 director shall strongly encourage firms with which the department
7 contracts to subcontract with certified businesses in depressed and
8 deprived communities for services, supplies, or both.
9 Sec. 211. (1) Pursuant to the provisions of civil service rules
10 and regulations and applicable collective bargaining agreements,
11 individuals seeking employment with the department shall submit to a
12 controlled substance test. The test shall be administered by the
13 department.
14 (2) Individuals seeking employment with the department who refuse
15 to take a controlled substance test or who test positive for the
16 illicit use of a controlled substance on such a test shall be denied
17 employment.
18 Sec. 212. The department may charge fees and collect revenues in
19 excess of appropriations in part 1 not to exceed the cost of offender
20 services and programming, employee meals, parolee loans,
21 academic/vocational services, custody escorts, compassionate visits,
22 union steward activities, public work programs, and emergency services
23 provided to units of government. The revenues and fees collected
24 shall be appropriated for all expenses associated with these services
25 and activities.
26 Sec. 213. Of the state general fund/general purpose revenue
27 appropriated in part 1, $615,628,600.00 represents a state spending
1 increase over the amount provided to the department for the fiscal
2 year ending September 30, 1994, and may be used to meet state match
3 requirements of programs contained in the violent crime control and
4 law enforcement act of 1994, Public Law 103-322, or successor grant
5 programs, so that any additional federal funds received shall
6 supplement funding provided to the department in part 1.
7 Sec. 214. The department shall provide quarterly reports on the
8 Michigan youth correctional facility to the members of the senate and
9 house appropriations subcommittees on corrections, the senate and
10 house fiscal agencies, and the state budget director. The reports
11 shall provide information relevant to an assessment of the safety and
12 security of the institution, including, but not limited to,
13 information on the number of critical incidents by type occurring at
14 the facility, the number of custody staff at the facility, staff
15 turnover rates, staff vacancy rates, overtime reports, prisoner
16 grievances, and number and severity of assaults occurring at the
17 facility. The reports also shall provide information on programming
18 available at the facility and on program enrollments, including, but
19 not limited to, academic/vocational programs, counseling programs,
20 mental health treatment programs, substance abuse treatment programs,
21 and cognitive restructuring programs.
22 Sec. 215. The department shall require the contract monitor for
23 the Michigan youth correctional facility to provide a manual to each
24 prisoner at intake that details programs and services available at the
25 facility, the processes by which prisoner complaints and grievances
26 can be pursued, and the identity of staff available at the facility to
27 answer questions regarding the information in the manual. The
1 contract monitor shall obtain written verification of receipt from
2 each prisoner receiving the manual. The contract monitor also shall
3 answer prisoner questions regarding facility programs, services, and
4 grievance procedures.
5 Sec. 216. By February 15, 2005, the department shall provide the
6 members of the senate and house appropriations subcommittees on
7 corrections, the senate and house fiscal agencies, and the state
8 budget director with a report detailing nongeneral fund/general
9 purpose sources of revenue, including but not limited to, federal
10 revenues, state restricted revenues, local and private revenues,
11 offender reimbursements and other payments, revolving funds, and
12 1-time sources of revenue, whether or not such revenues were
13 appropriated. The report shall include statements detailing for each
14 account the total amount of revenue received during fiscal year
15 2003-2004, the amount by which the revenue exceeded any applicable
16 appropriated fund source, the amount spent during fiscal year
17 2003-2004, the account balance at the close of fiscal year 2003-2004,
18 and the projected revenues and expenditures for fiscal year
19 2004-2005.
20 Sec. 217. From the funds appropriated in part 1 for information
21 technology, the department shall pay user fees to the department of
22 information technology for technology-related services and projects.
23 Such user fees shall be subject to provisions of an interagency
24 agreement between the departments and agencies and the department of
25 information technology.
26 Sec. 218. Amounts appropriated in part 1 for information
27 technology may be designated as work projects and carried forward to
Senate Bill No. 1064 as amended March 31, 2004
1 support department of corrections technology projects under the
2 direction of the department of information technology. Funds
3 designated in this manner are not available for expenditure until
4 approved as work projects under section 451a of the management and
5 budget act, 1984 PA 431, MCL 18.1451a.
6 Sec. 219. By October 15, 2004, the department shall report to
7 the senate and house appropriations subcommittees on corrections and
8 the senate and house fiscal agencies a detailed plan of how the
9 department will implement reductions in order to compensate for
10 employment related savings. The report shall include, but not be
11 limited to, the department's plan for banked leave, layoffs, program
12 changes and eliminations, prisoner release, and facility closures.
13 Sec. 220. (1) The negative appropriation for transportation
14 savings in part 1 shall be satisfied by savings realized from
15 efficiencies in prisoner transportation in addition to those proposed
16 by the department in the executive recommended budget for the fiscal
17 year ending September 30, 2005.
18 (2) Appropriation authorization adjustments required to implement
19 negative appropriations for transportation savings shall be made only
20 after the approval of transfers by the legislature pursuant to section
21 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
22 Sec. 221. (1) The department shall not spend any of the funds
23 appropriated in part 1 for travel outside the state of Michigan <<except for travel required for the transportation of prisoners or otherwise expressly prescribed by law>>.
24 (2) From the funds appropriated in part 1, the department shall
25 spend on nonessential travel in fiscal year 2004-2005 not more than
26 50% of the amount spent on nonessential travel in fiscal year
27 2003-2004. As used in this subsection, "essential travel" means
1 travel that is required to fulfill the fundamental duties of a given
2 position, including, but not limited to, prisoner transportation,
3 parole and probation visits, parole board hearings, and facility site
4 visits.
5 SUBSTANCE ABUSE TESTING AND TREATMENT
6 Sec. 301. (1) The department shall screen and assess each
7 prisoner for alcohol and other drug involvement to determine the need
8 for further treatment. The assessment process shall be designed to
9 identify the severity of alcohol and other drug addiction and
10 determine the treatment plan, if appropriate.
11 (2) Subject to the availability of funding resources, the
12 department shall provide substance abuse treatment to prisoners with
13 priority given to those prisoners who are most in need of treatment
14 and who can best benefit from program intervention based on the
15 screening and assessment provided under subsection (1).
16 Sec. 302. (1) In expending residential substance abuse treatment
17 services funds appropriated by this act, the department shall ensure
18 to the maximum extent possible that residential substance abuse
19 treatment services are available statewide.
20 (2) It is the intent of the legislature that the funds
21 appropriated in part 1 for substance abuse testing and treatment be
22 fully expended for that purpose.
23 (3) By April 1, 2005, the department shall report to the senate
24 and house appropriations subcommittees on corrections, the senate and
25 house fiscal agencies, and the state budget director on the
26 allocation, distribution, and expenditure of all funds appropriated by
1 the substance abuse testing and treatment line item during fiscal year
2 2003-2004 and projected for fiscal year 2004-2005. The report shall
3 include, but not be limited to, an explanation of an anticipated
4 year-end balance, the number of participants in substance abuse
5 programs, and the number of offenders on waiting lists for residential
6 substance abuse programs. Information required by this subsection
7 shall, where possible, be separated by MDOC administrative region and
8 by offender type, including, but not limited to, a distinction between
9 prisoners, parolees, and probationers.
10 EXECUTIVE
11 Sec. 401. The department shall submit 3-year and 5-year prison
12 population projection updates by February 1, 2005 to the senate and
13 house appropriations subcommittees on corrections, the senate and
14 house fiscal agencies, and the state budget director.
15 Sec. 402. The department shall prepare by April 1, 2005
16 individual reports for the technical rule violator program, the
17 community residential program, the electronic tether program, and the
18 special alternative to incarceration program. The reports shall be
19 submitted to the house and senate appropriations subcommittees on
20 corrections, the house and senate fiscal agencies, and the state
21 budget director. The reports shall include the following:
22 (a) Monthly new participants.
23 (b) Monthly participant unsuccessful terminations, including
24 cause.
25 (c) Number of successful terminations.
26 (d) End month population by facility/program.
1 (e) Average length of placement.
2 (f) Return to prison statistics.
3 (g) Description of program location(s), capacity, and staffing.
4 (h) Sentencing guideline scores and actual sentence statistics for
5 participants, if applicable.
6 (i) Comparison with prior year statistics.
7 (j) Analysis of the impact on prison admissions and jail
8 utilization and the cost effectiveness of the program.
9 Sec. 403. From the funds appropriated in part 1, the department
10 shall continue to maintain county jail services staff sufficient to
11 enable the department to continue to fulfill its functions of
12 providing technical support, inspections of county jails, and
13 maintenance of the jail reimbursement program.
14 Sec. 404. The department shall report to the senate and house
15 appropriations subcommittees on corrections, the senate and house
16 fiscal agencies, and the state budget director by April 1, 2005 on the
17 ratio of correctional officers to prisoners for each correctional
18 institution, the ratio of shift command staff to line custody staff,
19 and the ratio of noncustody institutional staff to prisoners for each
20 correctional institution.
21 Sec. 405. (1) The department shall review and revise as
22 necessary policy proposals that provide alternatives to prison for
23 offenders being sentenced to prison as a result of technical probation
24 violations and technical parole violations. To the extent the
25 department has insufficient policies or resources to affect the
26 continued increase in prison commitments among these offender
27 populations, the department shall explore other policy options to
1 allow for program alternatives, including department or OCC-funded
2 programs, local level programs, and programs available through private
3 agencies that may be used as prison alternatives for these offenders.
4 (2) To the extent policies or programs described in subsection (1)
5 are used, developed, or contracted for, the department may request
6 that funds appropriated in part 1 be transferred under section 393(2)
7 of the management and budget act, 1984 PA 431, MCL 18.1393, for their
8 operation.
9 (3) The department shall continue to utilize parole violator
10 processing guidelines that require parole agents to utilize all
11 available appropriate community-based, nonincarcerative postrelease
12 sanctions and services when appropriate. The department shall
13 periodically evaluate such guidelines for modification, in response to
14 emerging information from the pilot projects for substance abuse
15 treatment provided under this act and applicable provisions of prior
16 budget acts for the department.
17 (4) By March 1, 2005, the department shall report to the senate
18 and house appropriations subcommittees on corrections, senate and
19 house fiscal agencies, and state budget director on the effect that
20 any recommended policy changes for technical violators of parole and
21 technical violators of probation would have on admission to prison and
22 jail and the impact on other program alternatives.
23 Sec. 406. Funds included in part 1 for the sheriffs'
24 coordinating and training office are appropriated for and may be
25 expended to defray costs of continuing education, certification,
26 recertification, decertification, and training of local corrections
27 officers, the personnel and administrative costs of the sheriffs'
1 coordinating and training office, the local corrections officers
2 advisory board, and the sheriffs' coordinating and training council
3 pursuant to the local corrections officers training act, 2003 PA 125,
4 MCL 791.531 to 791.546.
5 ADMINISTRATION AND PROGRAMS
6 Sec. 501. From the funds appropriated in part 1 for
7 prosecutorial and detainer expenses, the department shall reimburse
8 counties for housing and custody of parole violators and offenders
9 being returned by the department from community placement who are
10 available for return to institutional status and for prisoners who
11 volunteer for placement in a county jail.
12 FIELD OPERATIONS ADMINISTRATION
13 Sec. 601. From the funds appropriated in part 1, the department
14 shall conduct a statewide caseload audit of field agents. The audit
15 shall address public protection issues and assess the ability of the
16 field agents to complete their professional duties. The results of
17 the audit shall be submitted to the senate and house appropriations
18 subcommittees on corrections and the senate and house fiscal agencies,
19 and the state budget office by September 30, 2005.
20 Sec. 602. (1) Of the amount appropriated in part 1 for field
21 operations, a sufficient amount shall be allocated for the community
22 service work program and shall be used for salaries and wages and
23 fringe benefit costs of community service coordinators employed by the
24 department to supervise offenders participating in work crew
25 assignments. Funds shall also be used to cover motor transport
1 division rates on state vehicles used to transport offenders to
2 community service work project sites.
3 (2) The community service work program shall provide offenders
4 with community service work of tangible benefit to a community while
5 fulfilling court-ordered community service work sanctions and other
6 postconviction obligations.
7 (3) As used in this section, "community service work" means work
8 performed by an offender in an unpaid position with a nonprofit or
9 tax-supported or government agency for a specified number of hours of
10 work or service within a given time period.
11 Sec. 603. (1) All prisoners, probationers, and parolees involved
12 with the electronic tether program shall reimburse the department for
13 the equipment costs and telephone charges associated with their
14 participation in the program. The department may require community
15 service work reimbursement as a means of payment for those able-bodied
16 individuals unable to pay for the cost of the equipment.
17 (2) Program participant contributions and local community tether
18 program reimbursement for the electronic tether program appropriated
19 in part 1 are related to program expenditures and may be used to
20 offset expenditures for this purpose.
21 (3) Included in the appropriation in part 1 is adequate funding to
22 implement the community tether program to be administered by the
23 department. The community tether program is intended to provide
24 sentencing judges and county sheriffs in coordination with local
25 community corrections advisory boards access to the state's electronic
26 tether program to reduce prison admissions and improve local jail
27 utilization. The department shall determine the appropriate
1 distribution of the tether units throughout the state based upon
2 locally developed comprehensive corrections plans pursuant to the
3 community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
4 (4) For a fee determined by the department, the department shall
5 provide counties with the tether equipment, replacement parts,
6 administrative oversight of the equipment's operation, notification of
7 violators, and periodic reports regarding county program
8 participants. Counties are responsible for tether equipment
9 installation and service. For an additional fee as determined by the
10 department, the department shall provide staff to install and service
11 the equipment. Counties are responsible for the coordination and
12 apprehension of program violators.
13 (5) Any county with tether charges outstanding over 60 days shall
14 be considered in violation of the community tether program agreement
15 and lose access to the program.
16 Sec. 604. Community-placement prisoners and parolees shall
17 reimburse the department for the operational costs of the program. As
18 an alternative method of payment, the department may develop a
19 community service work schedule for those individuals unable to meet
20 reimbursement requirements established by the department.
21 Sec. 605. The department shall establish a uniform rate to be
22 paid by agencies that benefit from public work services provided by
23 special alternative incarceration participants and prisoners.
24 COMMUNITY CORRECTIONS
25 Sec. 701. The office of community corrections shall provide and
26 coordinate the delivery and implementation of services in communities
27 to facilitate successful offender reintegration into the community.
1 Programs and services to be offered shall include, but are not limited
2 to, technical assistance for comprehensive corrections plan
3 development, new program start-up funding, program funding for those
4 programs delivering services for eligible offenders in geographic
5 areas identified by the office of community corrections as having a
6 shortage of available services, technical assistance, referral
7 services for education, employment services, and substance abuse and
8 family counseling. As used in this act:
9 (a) "Alternative to incarceration in a state facility or jail"
10 means a program that involves offenders who receive a sentencing
11 disposition which appears to be in place of incarceration in a state
12 correctional facility or jail based on historical local sentencing
13 patterns or which amounts to a reduction in the length of sentence in
14 a jail.
15 (b) "Goal" means the intended or projected result of a
16 comprehensive corrections plan or community corrections program to
17 reduce prison commitment rates, to reduce the length of stay in a
18 jail, or to improve the utilization of a jail.
19 (c) "Jail" means a facility operated by a local unit of government
20 for the physical detention and correction of persons charged with or
21 convicted of criminal offenses.
22 (d) "Offender eligibility criteria" means particular criminal
23 violations, state felony sentencing guidelines descriptors, and
24 offender characteristics developed by advisory boards and approved by
25 local units of government that identify the offenders suitable for
26 community corrections programs funded through the office of community
27 corrections.
1 (e) "Offender target population" means felons or misdemeanants who
2 would likely be sentenced to imprisonment in a state correctional
3 facility or jail, who would not increase the risk to the public
4 safety, who have not demonstrated a pattern of violent behavior, and
5 who do not have criminal records that indicate a pattern of violent
6 offenses.
7 (f) "Offender who would likely be sentenced to imprisonment" means
8 either of the following:
9 (i) A felon or misdemeanant who receives a sentencing disposition
10 that appears to be in place of incarceration in a state correctional
11 facility or jail, according to historical local sentencing patterns.
12 (ii) A currently incarcerated felon or misdemeanant who is granted
13 early release from incarceration to a community corrections program or
14 who is granted early release from incarceration as a result of a
15 community corrections program.
16 Sec. 702. (1) The funds included in part 1 for community
17 corrections comprehensive plans and services are to encourage the
18 development through technical assistance grants, implementation, and
19 operation of community corrections programs that serve as an
20 alternative to incarceration in a state facility or jail. The
21 comprehensive corrections plans shall include an explanation of how
22 the public safety will be maintained, the goals for the local
23 jurisdiction, offender target populations intended to be affected,
24 offender eligibility criteria for purposes outlined in the plan, and
25 how the plans will meet the following objectives, consistent with
26 section 8(4) of the community corrections act, 1988 PA 511,
27 MCL 791.408:
1 (a) Reduce admissions to prison of nonviolent offenders who would
2 have otherwise received an active sentence, including probation
3 violators.
4 (b) Improve the appropriate utilization of jail facilities, the
5 first priority of which is to open jail beds intended to house
6 otherwise prison-bound felons, and the second priority being to
7 appropriately utilize jail beds so that jail crowding does not occur.
8 (c) Open jail beds through the increase of pretrial release
9 options.
10 (d) Reduce the readmission to prison of parole violators.
11 (e) Reduce the admission or readmission to prison of offenders,
12 including probation violators and parole violators, for substance
13 abuse violations.
14 (2) The award of community corrections comprehensive plans and
15 probation residential centers funds shall be based on criteria that
16 include, but are not limited to, the prison commitment rate by
17 category of offenders, trends in prison commitment rates and jail
18 utilization, historical trends in community corrections program
19 capacity and program utilization, and the projected impact and outcome
20 of annual policies and procedures of programs on prison commitment
21 rates and jail utilization.
22 (3) Funds awarded for probation residential centers in part 1
23 shall provide for a per diem reimbursement of not more than $43.00.
24 Sec. 703. The comprehensive corrections plans shall also
25 include, where appropriate, descriptive information on the full range
26 of sanctions and services that are available and utilized within the
27 local jurisdiction and an explanation of how jail beds, probation
1 residential services, the special alternative incarceration program
2 (boot camp), probation detention centers, the electronic monitoring
3 program for probationers, and treatment and rehabilitative services
4 will be utilized to support the objectives and priorities of the
5 comprehensive corrections plan and the purposes and priorities of
6 section 8(4) of the community corrections act, 1988 PA 511,
7 MCL 791.408. The plans shall also include, where appropriate,
8 provisions that detail how the local communities plan to respond to
9 sentencing guidelines found in chapter XVII of the code of criminal
10 procedure, 1927 PA 175, MCL 777.1 to 777.69, and the use of the county
11 jail reimbursement program pursuant to section 706 of this act. The
12 state community corrections board shall encourage local community
13 corrections boards to include in their comprehensive corrections plans
14 strategies to collaborate with local alcohol and drug treatment
15 agencies of the department of community health for the provision of
16 alcohol and drug screening, assessment, case management planning, and
17 delivery of treatment to alcohol- and drug-involved offenders,
18 including, but not limited to, probation and parole violators who are
19 at risk of revocation.
20 Sec. 704. (1) As part of the March biannual report specified in
21 section 12(2) of the community corrections act, 1988 PA 511,
22 MCL 791.412, which requires an analysis of the impact of that act on
23 prison admissions and jail utilization, the department shall submit to
24 the senate and house appropriations subcommittees on corrections, the
25 senate and house fiscal agencies, and the state budget director the
26 following information for each county and counties consolidated for
27 comprehensive corrections plans:
1 (a) Approved technical assistance grants and comprehensive
2 corrections plans including each program and level of funding, the
3 utilization level of each program, and profile information of enrolled
4 offenders.
5 (b) If federal funds are made available, the number of
6 participants funded, the number served, the number successfully
7 completing the program, and a summary of the program activity.
8 (c) Status of the community corrections information system and the
9 jail population information system.
10 (d) Data on probation residential centers, including participant
11 data, participant sentencing guideline scores, program expenditures,
12 average length of stay, and bed utilization data.
13 (e) Offender disposition data by sentencing guideline range, by
14 disposition type, number and percent statewide and by county, current
15 year, and comparisons to prior 3 years.
16 (2) The report required under subsection (1) shall include the
17 total funding allocated, program expenditures, required program data,
18 and year-to-date totals.
19 Sec. 705. (1) The department shall identify and coordinate
20 information regarding the availability of and the demand for community
21 corrections programs, jail-based community corrections programs, and
22 basic state-required jail data.
23 (2) The department shall be responsible for the collection,
24 analysis, and reporting of state-required jail data.
25 (3) As a prerequisite to participation in the programs and
26 services offered through the department, counties shall provide basic
27 jail data to the department.
1 Sec. 706. (1) The department shall administer a county jail
2 reimbursement program from the funds appropriated in part 1 for the
3 purpose of reimbursing counties for housing in jails felons who
4 otherwise would have been sentenced to prison.
5 (2) The county jail reimbursement program shall reimburse counties
6 for housing and custody of convicted felons if the conviction was for
7 a crime committed on or after January 1, 1999 and 1 of the following
8 applies:
9 (a) The felon's sentencing guidelines recommended range upper
10 limit is more than 18 months, the felon's sentencing guidelines
11 recommended range lower limit is 12 months or less, the felon's prior
12 record variable score is 35 or more points, and the felon's sentence
13 is not for commission of a crime in crime class G or crime class H
14 under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL
15 777.1 to 777.69.
16 (b) The felon's minimum sentencing guidelines range minimum is
17 more than 12 months.
18 (3) State reimbursement under this section for prisoner housing
19 and custody expenses per diverted offender shall be $43.50 per diem
20 for up to a 1-year total.
21 (4) From the funds appropriated in part 1 for the county jail
22 reimbursement program, the department shall contract for an ongoing
23 study to determine the impact of the new legislative sentencing
24 guidelines. The study shall analyze sentencing patterns of
25 jurisdictions as well as future patterns in order to determine and
26 quantify the population impact on prisons and jails of the new
27 guidelines as well as to identify and define felon or crime
1 characteristics or sentencing guidelines scores that indicate a felon
2 is a prison diversion. The department shall contract for a local and
3 statewide study for this purpose and provide periodic reports
4 regarding the status and findings of the study to the house and senate
5 appropriations subcommittees on corrections, the house and senate
6 fiscal agencies, and the state budget director.
7 (5) The department, the Michigan association of counties, and the
8 Michigan sheriffs' association shall review the periodic findings of
9 the study required in subsection (4) and, if appropriate, recommend
10 modification of the criteria for reimbursement contained in subsection
11 (2). Any recommended modification shall be forwarded to the house and
12 senate appropriations subcommittees on corrections and the state
13 budget office.
14 (6) The department shall reimburse counties for offenders in jail
15 based upon the reimbursement eligibility criteria in place on the date
16 the offender was originally sentenced for the reimbursable offense.
17 (7) County jail reimbursement program expenditures shall not
18 exceed the amount appropriated in part 1 for this purpose. Payments
19 to counties under the county jail reimbursement program shall be made
20 in the order in which properly documented requests for reimbursements
21 are received. A request shall be considered to be properly documented
22 if it meets MDOC requirements for documentation. The department shall
23 by October 15, 2004 distribute the documentation requirements to all
24 counties.
25 Sec. 707. (1) As a condition of receipt of the funds
26 appropriated in part 1 for community corrections plans and services
27 and probation residential centers, the department shall only award
1 those funds requested under a properly prepared and approved
2 comprehensive corrections plan submitted under section 8 of the
3 community corrections act, 1988 PA 511, MCL 791.408, or directly
4 applied for under section 10 of the community corrections act, 1988 PA
5 511, MCL 791.410.
6 (2) The department shall only halt funding for an entity funded
7 under section 8 of the community corrections act, 1988 PA 511, MCL
8 791.408, in instances of substantial noncompliance during the period
9 covered by the plan.
10 Sec. 708. (1) Funds included in part 1 for the felony drunk
11 driver jail reduction and community treatment program are appropriated
12 for and may be expended for any of the following purposes:
13 (a) To increase availability of treatment options to reduce drunk
14 driving and drunk driving-related deaths by addressing the alcohol
15 addiction of felony drunk drivers who otherwise likely would be
16 sentenced to jail or a combination of jail and other sanctions.
17 (b) To divert from jail sentences or to reduce the length of jail
18 sentences for felony drunk drivers who otherwise would have been
19 sentenced to jail and whose recommended minimum sentence ranges under
20 sentencing guidelines have upper limits of 18 months or less, through
21 funding programs that may be used in lieu of incarceration and that
22 increase the likelihood of rehabilitation.
23 (c) To provide a policy and funding framework to make additional
24 jail space available for housing convicted felons whose recommended
25 minimum sentence ranges under sentencing guidelines have lower limits
26 of 12 months or less and who likely otherwise would be sentenced to
27 prison, with the aim of enabling counties to meet or exceed amounts
1 received through the county jail reimbursement program during fiscal
2 year 2002-2003 and reducing the numbers of felons sentenced to
3 prison.
4 (2) Expenditure of funds included in part 1 for the felony drunk
5 driver jail reduction and community treatment program shall be by
6 grant awards consistent with standards developed by a committee of the
7 state community corrections advisory board. The chairperson of the
8 committee shall be the board member representing county sheriffs.
9 Remaining members of the committee shall be appointed by the
10 chairperson of the board.
11 (3) In developing annual standards, the committee shall consult
12 with interested agencies and associations. Standards developed by the
13 committee shall include application criteria, performance objectives
14 and measures, funding allocations, and allowable uses of the fund,
15 consistent with the purposes specified in this section.
16 (4) Allowable uses of the fund shall include reimbursing counties
17 for transportation, treatment costs, and housing felony drunk drivers
18 during a period of assessment for treatment and case planning.
19 Reimbursements for housing during the assessment process shall be at
20 the rate of $43.50 per day per offender, up to a maximum of 5 days per
21 offender.
22 (5) The standards developed by the committee shall assign each
23 county a maximum funding allocation based on the amount the county
24 received under the county jail reimbursement program in fiscal year
25 2001-2002 for housing felony drunk drivers whose sentencing guidelines
26 recommended minimum sentence ranges had upper limits of 18 months or
27 less.
1 (6) Awards of funding under this section shall be provided
2 consistent with the local comprehensive corrections plans developed
3 under the community corrections act, 1988 PA 511, MCL 791.401 to
4 791.414. Funds awarded under this section may be used in conjunction
5 with funds awarded under grant programs established under that act.
6 Due to the need for felony drunk drivers to be transitioned from
7 county jails to community treatment services, it is the intent of the
8 legislature that local units of government utilize funds received
9 under this section to support county sheriff departments.
10 (7) As used in this section, "felony drunk driver" means a felon
11 convicted of operating a motor vehicle under the influence of
12 intoxicating liquor or a controlled substance, or both, third or
13 subsequent offense, under section 625(9)(c) of the Michigan vehicle
14 code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable
15 as a felony.
16 CONSENT DECREES
17 Sec. 801. Funding appropriated in part 1 for consent decree line
18 items is appropriated into separate control accounts created for each
19 line item. Funding in each control account shall be distributed as
20 necessary into separate accounts created for the purpose of separately
21 identifying costs and expenditures associated with each consent
22 decree.
23 HEALTH CARE
24 Sec. 901. The department shall not expend funds appropriated
25 under part 1 for any surgery, procedure, or treatment to provide or
1 maintain a prisoner's sex change unless it is determined medically
2 necessary by the chief medical officer of the department.
3 Sec. 902. (1) As a condition of expenditure of the funds
4 appropriated in part 1, the department shall report to the senate and
5 house appropriations subcommittees on corrections on January 1, 2005
6 and July 1, 2005 the status of payments from contractors to vendors
7 for health care services provided to prisoners, as well as the status
8 of the contracts, and an assessment of prisoner health care quality.
9 (2) It is the intent of the legislature that, in the interest of
10 providing the most efficient and cost-effective delivery of health
11 care, local health care providers shall be considered and given the
12 opportunity to competitively bid as vendors under future managed care
13 contracts.
14 Sec. 903. There are sufficient funds and FTEs appropriated in
15 part 1 to provide a full complement of nurses for clinical complexes
16 working regular pay hours and it is the intent of the legislature that
17 sufficient nurses be hired or retained to limit the use of overtime
18 other-than-holiday pay.
19 Sec. 904. From the funds allocated in part 1 for health care
20 services, the department shall conduct a 1-year cost/benefit analysis
21 of privatizing pharmacy services and shall report the findings of this
22 1-year cost/benefit analysis to the senate and house appropriations
23 subcommittees on corrections and the senate and house fiscal agencies
24 not less than 120 days before any effort to privatize pharmacy
25 services unless a report is completed prior to October 1, 2004.
26 Sec. 905. It is the intent of the legislature that, with the
27 funds appropriated in part 1 for hospital and specialty care services,
1 the department shall ensure that local providers of ambulance services
2 to prisoners be reimbursed within 60 days of the filing of any
3 uncontested claim for service.
4 Sec. 906. The department shall identify and manage prisoners who
5 abuse the availability of medical services by obtaining transportation
6 to off-site medical care when unnecessary or reasonably avoidable. In
7 doing this, the department shall, when appropriate, consult with
8 off-site medical facilities on how to accomplish this goal.
9 Sec. 907. The bureau of health care services shall develop
10 information on Hepatitis C prevention and the risks associated with
11 exposure to Hepatitis C, and the health care providers shall
12 disseminate this information verbally and in writing to each prisoner
13 at the health screening and full health appraisal conducted at
14 admissions, at the annual health care screening 1 week before or after
15 a prisoner's birthday, and prior to release to the community by
16 parole, transfer to community residential placement, or discharge on
17 the maximum.
18 Sec. 908. From the funds appropriated in part 1, the department
19 shall offer an alanine aminotransferase (ALT) test to each prisoner
20 who has received positive parole action. An explanation of results of
21 the test shall be provided confidentially to the prisoner prior to
22 release on parole, and if appropriate based on the test results, the
23 prisoner shall also be provided a recommendation to seek follow-up
24 medical attention in the community. The test shall be voluntary; if
25 the prisoner refuses to be tested, that decision shall not affect
26 parole release, conditions of parole, or parole supervision.
27 Sec. 909. The department shall ensure that all medications for a
1 prisoner be transported with that prisoner when the prisoner is
2 transferred from 1 correctional facility to another.
3 Sec. 910. The department shall attempt to collect reimbursement
4 from health insurance providers for the health care of prisoners who
5 have retirement health insurance benefits. By April 1, 2005, the
6 department shall provide the members of the senate and house
7 appropriations subcommittees on corrections, the senate and house
8 fiscal agencies, and the state budget director with a status report on
9 its efforts and the amount of reimbursement successfully collected.
10 INSTITUTIONAL OPERATIONS
11 Sec. 1001. As a condition of expenditure of the funds
12 appropriated in part 1, the department shall ensure that smoking areas
13 are designated for use by prisoners and staff at each facility. At a
14 minimum, all outdoor areas within each facility's perimeter shall be
15 designated for smoking, except that smoking may be forbidden within 20
16 feet of any building designated as nonsmoking or smoke-free.
17 Sec. 1002. From the funds appropriated in part 1, the department
18 shall allocate sufficient funds to develop a pilot children's
19 visitation program. The pilot program shall teach parenting skills
20 and arrange for day visitation at these facilities for parents and
21 their children, except for the families of prisoners convicted of a
22 crime involving criminal sexual conduct in which the victim was less
23 than 18 years of age or involving child abuse.
24 Sec. 1003. The department shall prohibit prisoners access to or
25 use of the Internet or any similar system.
26 Sec. 1004. Any department employee who, in the course of his or
27 her job, is determined by a physician to have had a potential exposure
1 to the Hepatitis B virus, shall receive a Hepatitis B vaccination upon
2 request.
3 Sec. 1006. (1) The inmate housing fund shall be used for the
4 custody, treatment, clinical, and administrative costs associated with
5 the housing of prisoners other than those specifically budgeted for
6 elsewhere in this act. Funding in the inmate housing fund is
7 appropriated into a separate control account. Funding in the control
8 account shall be distributed as necessary into separate accounts
9 created to separately identify costs for specific purposes.
10 (2) Quarterly reports on all expenditures from the inmate housing
11 fund shall be submitted by the department to the state budget
12 director, the senate and house appropriations subcommittees on
13 corrections, and the senate and house fiscal agencies.
14 Sec. 1008. It is the intent of the legislature that from the
15 funds appropriated in part 1 for prison operations the department
16 maintain on a voluntary basis 1 or more cognitive restructuring
17 programs such as Project CHANGE for high-security-level prisoners.
18 Sec. 1009. By April 1, 2005, the department shall report to the
19 senate and house appropriations subcommittees on corrections, the
20 senate and house fiscal agencies, and the state budget director on
21 academic/vocational programs for the most recently completed
22 appropriation year. The report shall provide information relevant to
23 an assessment of the department's academic and vocational programs,
24 including, but not limited to, the following:
25 (a) The number of prisoners enrolled in each program, the number
26 of prisoners completing each program, and the number of prisoners on
27 waiting lists for each program.
1 (b) The steps the department has undertaken to improve programs
2 and reduce waiting lists.
3 (c) An explanation of the value and purpose of each program, e.g.,
4 to improve employability, reduce recidivism, reduce prisoner idleness,
5 or some combination of these and other factors.
6 (d) An identification of program outcomes for each academic and
7 vocational program.
8 (e) An explanation of the department's plans for academic and
9 vocational programs.
10 Sec. 1010. (1) By February 1, 2005, the department shall report
11 to the senate and house appropriations subcommittees on corrections,
12 the senate and house fiscal agencies, and the state budget director,
13 the percent of offenders included in the prison population intake for
14 fiscal years 2002-2003 and 2003-2004 who have a high school diploma or
15 a general educational development (G.E.D.) certificate.
16 (2) By February 1, 2005, the department shall provide the senate
17 and house appropriations subcommittees on corrections, the senate and
18 house fiscal agencies, and the state budget director with a
19 statistical report on the efficacy of department-provided prison
20 vocational education programs in reducing offender recidivism rates.