HB 4348, As Passed Senate

HB-4348, As Passed Senate, September 6, 2007

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4348

A bill to make appropriations for the department of

corrections and certain state purposes related to corrections for

the fiscal year ending September 30, 2008; to provide for the

expenditure of the appropriations; to provide for reports; to

provide for the creation of certain advisory committees and boards;

to prescribe certain powers and duties of the department of

corrections, certain other state officers and agencies, and certain

advisory committees and boards; to provide for the collection of

certain funds; and to provide for the disposition of fees and other

income received by certain state agencies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

House Bill No. 4348 as amended September 6, 2007

Sec. 101. Subject to the conditions set forth in this act, the

amounts listed in this part are appropriated for the department of

corrections for the fiscal year ending September 30, 2008, 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.................................. 0

Full-time equated unclassified positions............ 0

Full-time equated classified positions.............. 0

GROSS APPROPRIATION.................................... $ <<(100)>>

Appropriated from:

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 0

ADJUSTED GROSS APPROPRIATION........................... $ 0

Federal revenues:

Total federal revenues................................. 0

Special revenue funds:

Total local revenues................................... 0

Total private revenues................................. 0

Total other state restricted revenues.................. 0

State general fund/general purpose..................... $ <<(100)

Sec. 102. BUDGETARY SAVINGS

Budgetary savings...................................... $ (100)

GROSS APPROPRIATION.................................... $ (100)

Appropriated from:

State general fund/general purpose..................... $ (100)>>

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

House Bill No. 4348 as amended September 6, 2007

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 2007-2008 is <<($100.00)>> and state

spending

from state resources to be paid to local units of government for

fiscal year 2007-2008 is $0.00. The itemized statement below

identifies appropriations from which spending to local units of

government will occur:

DEPARTMENT OF CORRECTIONS

TOTAL.................................................. $ <<(100)>>

Sec. 202. The appropriations authorized under this act are

subject to the management and budget act, 1984 PA 431, MCL 18.1101

to 18.1594.

Sec. 203. Funds appropriated in part 1 shall not be used by a

principal executive department, state agency, or authority to hire

a person to provide legal services that are the responsibility of

the attorney general.

Sec. 204. (1) The department shall report no later than April

1, 2008 on each specific policy change made to implement enacted

legislation to the senate and house appropriations subcommittees on

the department budget, the senate and house standing committees on

the department budget, the chairperson of the joint committee on

administrative rules, and the senate and house fiscal agencies and

policy offices.

(2) Funds appropriated in part 1 shall not be used to prepare

regulatory plans or promulgate rules that fail to reduce the

disproportionate economic impact on small businesses pursuant to

section 40 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.240.

Sec. 205. From the funds appropriated in part 1, the

department shall maintain and make publicly accessible the files of

all felony offenders even after an offender is no longer under the

department's jurisdiction on the offender tracking information

system in the same manner as files of current offenders.

Sec. 206. (1) The department shall provide weekly electronic

mail reports to the senate and house appropriations subcommittees

on corrections, the senate and house fiscal agencies, and the state

budget director on prisoner, parolee, and probationer populations

by facility and prison capacities.

(2) The department shall provide monthly electronic mail

reports to the senate and house appropriations subcommittees on

corrections, the senate and house fiscal agencies, and the state

budget director on prison populations, community residential

program populations, parole populations, probation populations,

parole board activity, prison intake, and prisoner exits.

Sec. 207. (1) By November 1, 2007, the department shall report

to the senate and house appropriations subcommittees on

corrections, the senate and house fiscal agencies, and the state

budget director on computer database systems. The report shall

include the name of each database and what programs and data are

housed in the database and identify other systems with which it can

electronically communicate.

(2) It is the intent of the legislature that the quantity of

database systems in use by the department be optimal for efficient

data usage and communications. By January 1, 2008, the department

shall report to the senate and house appropriations subcommittees

on corrections, the senate and house fiscal agencies, and the state

budget director on a plan to implement secure, encrypted, Internet-

based database systems that can electronically communicate with

each other and with other law-enforcement-related databases by

September 30, 2008.

Sec. 208. By February 1, 2008, the department shall report to

the senate and house appropriations subcommittees on corrections,

the senate and house fiscal agencies, and the state budget director

on the status of the department's response to the office of the

auditor general's 2007 performance audit of the department.

Sec. 209. From the funds appropriated in part 1 for prisoner

reintegration programs, $100.00 is provided for the purpose of

funding a reentry reemployment resource center pilot project for

county jail inmates.

Sec. 210. It is the intent of the legislature that MPRI

programs become standard operating procedure in the department by

the end of the fiscal year. Budgets for subsequent fiscal years

shall not include specific funding for MPRI programs.

Sec. 211. The department shall report by February 1, 2008 to

the members of the senate and house appropriations subcommittees on

corrections, the senate and house fiscal agencies, and the state

budget director on parole and probation special operations program

participants from October 1, 2005 to September 30, 2007.

Sec. 212. (1) It is the intent of the legislature that the

department ensure that each prisoner makes all reasonable efforts

to obtain the documents necessary to obtain an operator's license

or state identification card prior to a prisoner's discharge on the

maximum sentence or parole hearing. The process for prisoners to

acquire this documentation shall be part of the department's

operating procedure by the end of the fiscal year.

(2) The department shall cooperate with the department of

community health to develop a process by which prisoners can obtain

their birth certificates. By April 1, 2008, the department shall

report to the senate and house appropriations subcommittees on

corrections, the senate and house fiscal agencies, and the state

budget director on the process developed under this section.

Sec. 213. The department shall cooperate with the department

of community health in providing information for and developing the

report required under House Bill No. 4344. The report shall, by

April 1, 2008, provide the following data concerning mental health

and substance abuse services during fiscal year 2006-2007:

(a) The number of prisoners receiving substance abuse

services, including a description and breakdown of the type of

substance abuse services provided to prisoners, by major offense

type.

(b) The number of prisoners with a primary diagnosis of mental

illness and the number of those prisoners receiving mental health

services, including a description and breakdown, encompassing, at a

minimum, the categories of inpatient, residential, and outpatient

care, of the type of mental health services provided to those

prisoners, by major offense type.

illness and receiving substance abuse services, including a

description and breakdown, encompassing, at a minimum, the

categories of inpatient, residential, and outpatient care, and the

type of treatment provided to those prisoners, by major offense

type.

(d) Data indicating if prisoners receiving mental health

services for a primary diagnosis of mental illness were previously

hospitalized in a state psychiatric hospital for persons with

mental illness, by major offense type.

(e) Data indicating whether prisoners with a primary diagnosis

of mental illness and receiving substance abuse services were

previously hospitalized in a state psychiatric hospital for persons

with mental illness.

(f) The cost of pharmaceuticals for prisoners with a primary

diagnosis of mental illness itemized by type and manufacturer.

(g) Quarterly and fiscal year-to-date expenditures itemized by

vendor, status of payments from contractors to vendors, and

projected year-end expenditures from accounts for substance abuse

treatment and mental health care.

(h) The number of prisoners that have had their primary

diagnosis of mental illness changed while in prison by a mental

health clinician from an earlier diagnosis received in prison or

while hospitalized in a state psychiatric hospital for persons with

mental illness, itemized by current and previous diagnosis.

(i) The number of prisoners with a primary diagnosis of mental

illness that previously had received substance abuse services,

including a description and breakdown, encompassing, at a minimum,

the categories of inpatient, residential, and outpatient care, of

the type of treatment provided to those prisoners.

Sec. 214. The department shall incorporate pharmacy benefit

services in the bureau of health care services by including them in

managed care contracts or providing for them in fee-for-service

programs. By April 1, 2008, the department shall report to the

senate and house appropriations subcommittees on corrections, the

senate and house fiscal agencies, and the state budget director on

specific initiatives and savings under this section.

Sec. 215. (1) The department shall report monthly to the

senate and house appropriations subcommittees on corrections, the

senate and house fiscal agencies, and the state budget director on

prisoner health care utilization. The report shall include the

number of inpatient hospital days, outpatient visits, and emergency

room visits in the previous month and since October 1, 2007, by

facility.

(2) The department shall report monthly to the senate and

house appropriations subcommittees on corrections, the senate and

house fiscal agencies, and the state budget director on prisoners

receiving off-site inpatient medical care who would have received

care in a state correctional facility if beds were available. The

report shall include the number of prisoners receiving off-site

inpatient medical care and average length of stay in an off-site

facility during the period they would have received care in a state

correctional facility if beds were available, by month and

correctional facilities administration region.

Sec. 216. (1) From the funds appropriated in part 1, the

department shall require a Hepatitis C antibody test and an HIV

test to each prisoner at the health screening at admissions and

prior to release to the community by parole, transfer to community

residential placement, or discharge on the maximum sentence. An

explanation of the results of the tests shall be provided

confidentially to the prisoner, and if appropriate based on the

test results, the prisoner shall also be provided a recommendation

to seek follow-up medical attention.

(2) By March 1, 2008, the department shall report to the

senate and house appropriations subcommittees on corrections, the

senate and house appropriations subcommittees on community health,

the senate and house fiscal agencies, and the state budget director

on the number of offenders testing positive for HIV, Hepatitis C

antibody, or both at prison admission and parole, transfer to

community residential placement, or discharge on the maximum

sentence. The department shall keep records of those offenders

testing positive for HIV, Hepatitis C antibody, or both at prison

admission, parole, transfer to community residential placement, and

discharge on the maximum sentence. These records shall clearly

state the date each test was performed.

(3) As a condition of expenditure of the funds appropriated in

part 1, the department shall keep records of the following:

(a) The number of offenders testing positive for the Hepatitis

C antibody who do not receive treatment, by reason for not

participating.

(b) The number of offenders achieving a sustained viral

response from Hepatitis C treatment.

Sec. 217. The department, in conjunction with efforts to

implement the MPRI, shall cooperate with the department of

community health to share data and information as they relate to

prisoners being released who are HIV positive or positive for the

Hepatitis C antibody, or both. By April 1, 2008, the department

shall report to the senate and house appropriations subcommittees

on corrections, the senate and house fiscal agencies, and the state

budget director on all of the following:

(a) The progress and results of its work with the department

of community health.

(b) The potential outcomes from its work with the department

of community health.

result of the work under this section.

(d) The programs' potential impact on the budget of this

state.

(e) The number of prisoners released to the community by

parole, discharge on the maximum sentence, or transfer to community

residential placement who are HIV positive, positive for the

Hepatitis C antibody, or both.

(f) The number of offenders successfully referred to the local

public health department, by county, and number of parolees

participating in treatment for Hepatitis C, HIV, or both after 6

months in the community, by county.

Sec. 218. By November 1, 2007, the department shall provide to

the senate and house appropriations subcommittees on corrections,

the senate and house fiscal agencies, and the state budget director

a copy of the bureau of health care services quality assurance

report. The report shall include recommendations for quality

improvements and a plan to implement those recommendations.

Sec. 219. (1) By October 1, 2007, the department shall

implement a pilot program to prohibit smoking areas, cigarettes,

tobacco products, and smoking materials at correctional facilities.

The pilot program may include any number of facilities if 1 of each

of the following facilities is included:

(a) A level I facility or facility that includes not less than

1 level I housing unit.

(b) A level II facility or facility that includes not less

than 1 level II housing unit.

than 1 level IV housing unit.

(d) A level V facility or facility that includes not less than

1 level V housing unit.

(e) A facility that includes not less than 1 administrative

segregation unit.

(2) The department shall report to the senate and house

appropriations subcommittees on corrections, the senate and house

fiscal agencies, and the state budget director on the results of

the pilot program implemented under subsection (1) no later than

September 30, 2008. The report shall include all of the following

information:

(a) The budgetary impact of the program at the pilot

facilities and the expected budgetary impact if the program were to

be implemented statewide.

(b) The pilot program's effect on the safety and security of

the institution.

cessation programs for prisoners and staff.

Sec. 220. The department shall only provide for prisoner

transportation from the funds appropriated in part 1 for prisoner

transportation.

Sec. 221. The department shall only provide for prisoner food

service from the funds appropriated in part 1 for prisoner food

service.

Sec. 222. The department shall only provide for public works

projects from the funds appropriated in part 1 for public works

projects. Public works projects shall be continued at the level as

enacted in 2006 PA 331.

Sec. 223. The department shall only provide for nonholiday

overtime pay from the funds appropriated in part 1 for nonholiday

overtime pay.

Sec. 224. Included in the appropriations in part 1 are savings

to be achieved through eliminating funding for vacant positions.

Sec. 225. From the funds appropriated in part 1 for northern

region, southeastern region, and southwestern region correctional

facilities, the department shall allocate $100.00 for the purchase

of stab-proof vests.

Sec. 226. The department shall implement evidence-based

programs that change offenders’ values, beliefs, and attitudes

toward victims and the community.

Sec. 227. (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 $43.50 per diem up to a 1-year total for housing and

custody of convicted felons if the conviction was for a crime

committed on or after January 1, 1999, 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 25 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.

(3) The county jail reimbursement program shall reimburse

counties $15,921.00 per offender for housing and custody of

convicted felons if the conviction was for a crime committed on or

after January 1, 1999 and the felon's minimum sentencing guidelines

range minimum is more than 12 months.

Sec. 228. From the general fund/general purpose appropriated

in part 1 for the county jail reimbursement program, the department

shall reimburse drug treatment courts $8,000.00 per offender for

handling cases involving offenders who would likely be sentenced to

imprisonment in a state correctional facility, based on historical

local sentencing patterns and crime characteristics.

Sec. 229. The department, in conjunction with the department

of management and budget, shall solicit competitive bids for

prisoner transportation services.

Sec. 230. The department, in conjunction with the department

of management and budget, shall solicit competitive bids for

prisoner food services.

Sec. 231. From the funds appropriated in part 1, the

department shall implement continuous improvement efficiency

mechanisms in the programs administered by the department. The

continuous improvement efficiency mechanisms shall identify changes

made in programs to increase efficiency and reduce expenditures in

the programs. On March 31, 2008 and September 30, 2008, the

department shall report to the state budget director, the senate

and house appropriations subcommittees, and the senate and house

fiscal agencies on the progress made toward increased efficiencies

in departmental programs. At a minimum, each report shall include

information on the program review process, the type of improvement

mechanisms implemented, and actual and projected expenditure

savings as a result of the increased program efficiencies.