SB-1095, As Passed House, June 5, 2008
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1095
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2009; to provide for the
expenditure of the appropriations; to provide for reports; to
provide for the creation of certain advisory committees and boards;
to prescribe certain powers and duties of the department of
corrections, certain other state officers and agencies, and certain
advisory committees and boards; to provide for the collection of
certain funds; and to provide for the disposition of fees and other
income received by certain state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the department of
corrections for the fiscal year ending September 30, 2009, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY:
Average population............................. 51,841
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 17,083.1
GROSS APPROPRIATION.................................... $ 2,044,699,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,277,400
ADJUSTED GROSS APPROPRIATION........................... $ 2,043,422,500
Federal revenues:
Total federal revenues................................. 10,351,300
Special revenue funds:
Total local revenues................................... 430,400
Total private revenues.............................. 0
Total other state restricted revenues.................. 54,382,200
State general fund/general purpose..................... $ 1,978,258,600
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions............ 5.0
Unclassified positions--16.0 FTE positions............. $ 1,373,500
Executive direction--5.0 FTE positions................. 1,329,500
GROSS APPROPRIATION.................................... $ 2,703,000
Appropriated from:
State general fund/general purpose..................... $ 2,703,000
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 72.0
Planning, community development, and research--32.0
FTE positions........................................ $ 3,399,700
Mental health awareness training....................... 100,100
Prisoner reintegration programs........................ 33,173,600
Community corrections administration--17.0 FTE
positions............................................ 1,898,000
Substance abuse testing and treatment services--23.0
FTE positions........................................ 20,047,800
Residential services................................... 16,925,500
Community corrections comprehensive plans and services. 12,533,000
Public education and training.......................... 49,900
Regional jail program.................................. 200
Felony drunk driver jail reduction and community
treatment program.................................... 1,740,000
County reentry program................................. 9,204,100
County jail reimbursement program...................... 3,068,000
GROSS APPROPRIATION.................................... $ 102,139,900
Appropriated from:
Federal revenues:
DOJ, office of justice programs, Byrne grants.......... 729,700
DOJ, office of justice programs, RSAT.................. 142,900
DOJ, prisoner reintegration............................ 1,035,100
Special revenue funds:
Civil infraction fees.................................. 7,514,500
State general fund/general purpose..................... $ 92,717,700
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 153.9
Operations support administration--55.0 FTE positions.. $ 5,096,100
New custody staff training............................. 13,358,500
Compensatory buyout and union leave bank............... 200
Worker's compensation.................................. 15,628,900
Bureau of fiscal management--66.9 FTE positions........ 5,967,600
Office of legal services--22.0 FTE positions........... 2,437,500
Internal audit services................................ 667,000
Internal affairs--10.0 FTE positions................... 1,008,100
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,400
Administrative hearings officers....................... 3,820,400
Sheriffs' coordinating and training office............. 499,900
Prosecutorial and detainer expenses.................... 4,050,900
GROSS APPROPRIATION.................................... $ 57,055,700
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 698,500
Special revenue funds:
Local corrections officer training fund................ 499,900
Correctional industries revolving fund................. 108,400
State general fund/general purpose..................... $ 55,748,900
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,951.9
Field operations--1,802.9 FTE positions................ $ 153,456,500
Parole board operations--58.0 FTE positions............ 5,061,100
Parole/probation services.............................. 2,867,200
Community reentry centers--51.0 FTE positions.......... 15,212,100
Electronic monitoring center--40.0 FTE positions....... 8,643,900
GROSS APPROPRIATION.................................... $ 185,240,800
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 430,400
Reentry center offender reimbursements................. 135,100
Parole and probation oversight fees.................... 10,795,200
Parole and probation oversight fees set-aside.......... 3,267,400
Public works user fees................................. 249,500
Tether program participant contributions............... 6,033,900
State general fund/general purpose..................... $ 164,329,300
Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION
Full-time equated classified positions........ 1,408.7
Correctional facilities administration--41.0 FTE
positions............................................ $ 7,465,400
Prison food service--494.0 FTE positions............... 83,663,600
Transportation--243.7 FTE positions.................... 25,431,800
Central records--58.5 FTE positions.................... 4,965,200
Inmate legal services.................................. 704,800
Loans to parolees...................................... 179,300
Housing inmates in federal institutions................ 793,800
Prison industries operations--219.0 FTE positions...... 19,973,800
Education services and federal education grants--10.0
FTE positions........................................ 5,720,400
Federal school lunch program........................... 712,700
Leased beds and alternatives to leased beds............ 200
Inmate housing fund.................................... 200
MPRI education program--342.5 FTE positions............ 36,673,800
GROSS APPROPRIATION.................................... $ 186,285,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 578,900
Federal revenues:
DAG-FNS, national school lunch......................... 712,700
DED-OESE, title 1...................................... 522,000
DED-OVAE, adult education.............................. 1,893,100
DED, adult literacy grants............................. 308,500
DED-OSERS.............................................. 101,400
DED, vocational education equipment.................... 277,500
DED, youthful offender/Specter grant................... 1,289,800
DOJ-BOP, federal prisoner reimbursement................ 211,100
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 1,010,400
DOJ, prison rape elimination act grant................. 1,004,400
SSA-SSI, incentive payment............................. 124,200
Special revenue funds:
Correctional industries revolving fund................. 19,973,800
State general fund/general purpose..................... $ 158,277,200
Sec. 107. CONSENT DECREES
Full-time equated classified positions.......... 339.5
Hadix consent decree--109.2 FTE positions.............. $ 11,429,700
DOJ psychiatric plan - MDCH mental health services..... 39,344,700
DOJ psychiatric plan - MDOC staff and services--230.3
FTE positions........................................ 17,969,700
GROSS APPROPRIATION.................................... $ 68,744,100
Appropriated from:
State general fund/general purpose..................... $ 68,744,100
Sec. 108. HEALTH CARE
Full-time equated classified positions........ 1,150.6
Health care administration--20.0 FTE positions......... $ 2,791,400
Hospital and specialty care services................... 80,274,800
Vaccination program.................................... 691,100
Northern region clinical complexes--276.4 FTE
positions............................................ 38,823,800
Southeastern region clinical complexes--543.4 FTE
positions............................................ 91,996,300
Southwestern region clinical complexes--310.8 FTE
positions............................................ 45,062,200
GROSS APPROPRIATION.................................... $ 259,639,600
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 332,300
State general fund/general purpose..................... $ 259,307,300
Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 15,855
Full-time equated classified positions........ 3,891.5
Alger maximum correctional facility - Munising--320.5
FTE positions........................................ $ 31,113,100
Average population................................ 849
Baraga maximum correctional facility - Baraga--384.6
FTE positions........................................ 36,503,100
Average population.............................. 1,172
Chippewa correctional facility - Kincheloe--489.9 FTE
positions............................................ 47,237,600
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--548.3 FTE
positions............................................ 54,643,600
Average population.............................. 2,999
Marquette branch prison - Marquette--356.5 FTE
positions............................................ 37,116,200
Average population.............................. 1,201
Newberry correctional facility - Newberry--279.4 FTE
positions............................................ 25,996,600
Average population................................ 978
Oaks correctional facility - Eastlake--306.4 FTE
positions............................................ 32,939,300
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--259.4 FTE
positions............................................ 23,933,700
Average population.............................. 1,378
Pugsley correctional facility - Kingsley--219.5 FTE
positions............................................ 20,214,000
Average population.............................. 1,158
Saginaw correctional facility - Freeland--320.6 FTE
positions............................................ 30,933,600
Average population.............................. 1,480
Standish maximum correctional facility - Standish--
362.4 FTE positions.................................. 36,597,900
Average population.............................. 1,202
Kincheloe area support and services--44.0 FTE
positions............................................ 2,987,700
GROSS APPROPRIATION.................................... $ 380,216,400
Appropriated from:
Special revenue funds:
Public works user fees................................. 1,923,400
State general fund/general purpose..................... $ 378,293,000
Sec. 110. SOUTHEASTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 16,637
Full-time equated classified positions........ 4,211.6
Cooper street correctional facility - Jackson--281.4
FTE positions........................................ $ 28,640,900
Average population.............................. 1,752
G. Robert Cotton correctional facility - Jackson--
410.9 FTE positions.................................. 38,506,100
Average population.............................. 1,854
Charles E. Egeler correctional facility - Jackson--
349.8 FTE positions.................................. 37,234,800
Average population.............................. 1,108
Gus Harrison correctional facility - Adrian--464.7 FTE
positions............................................ 45,373,700
Average population.............................. 2,342
Huron Valley correctional complex - Ypsilanti--680.6
FTE positions........................................ 67,401,600
Average population.............................. 1,872
Macomb correctional facility - New Haven--288.1 FTE
positions............................................ 27,138,600
Average population.............................. 1,228
Mound correctional facility - Detroit--277.5 FTE
positions............................................ 25,980,200
Average population.............................. 1,051
Parnall correctional facility - Jackson--265.4 FTE
positions............................................ 26,228,800
Average population.............................. 1,712
Ryan correctional facility - Detroit--317.3 FTE
positions............................................ 28,482,700
Average population.............................. 1,059
Robert Scott correctional facility - Plymouth--346.5
FTE positions........................................ 18,233,200
Average population.............................. 1,040
Thumb correctional facility - Lapeer--293.4 FTE
positions............................................ 28,955,500
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--120.0 FTE positions................... 10,984,800
Average population................................ 400
Jackson area support and services--116.0 FTE positions. 18,668,700
GROSS APPROPRIATION.................................... $ 401,829,600
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 988,500
Special revenue funds:
Public works user fees................................. 1,920,800
State general fund/general purpose..................... $ 398,920,300
Sec. 111. SOUTHWESTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 19,349
Full-time equated classified positions........ 3,898.4
Bellamy Creek correctional facility - Ionia--393.4 FTE
positions............................................ $ 36,514,700
Average population.............................. 1,850
Earnest C. Brooks correctional facility - Muskegon--
465.7 FTE positions.................................. 45,237,700
Average population.............................. 2,440
Carson City correctional facility - Carson City--460.6
FTE positions........................................ 45,544,500
Average population.............................. 2,440
Richard A. Handlon correctional facility - Ionia--
228.9 FTE positions.................................. 21,973,200
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--311.1 FTE
positions............................................ 29,387,300
Average population................................ 707
Lakeland correctional facility - Coldwater--585.7 FTE
positions............................................ 57,281,900
Average population.............................. 3,102
Michigan reformatory - Ionia--418.4 FTE positions...... 39,450,600
Average population.............................. 2,538
Muskegon correctional facility - Muskegon--219.2 FTE
positions............................................ 23,277,200
Average population.............................. 1,326
Pine River correctional facility - St. Louis--213.4
FTE positions........................................ 20,432,800
Average population.............................. 1,200
St. Louis correctional facility - St. Louis--519.0 FTE
positions............................................ 49,375,000
Average population.............................. 2,426
Ionia area support and services--83.0 FTE positions.... 13,281,600
GROSS APPROPRIATION.................................... $ 381,756,500
Appropriated from:
Special revenue funds:
Public works user fees................................. 927,600
State general fund/general purpose..................... $ 380,828,900
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 19,089,300
GROSS APPROPRIATION.................................... $ 19,089,300
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 142,200
Parole and probation oversight fees set-aside.......... 558,200
State general fund/general purpose..................... $ 18,388,900
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 2008-2009 is $2,032,640,800.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2008-2009 is $91,304,400.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff................................................... $ 47,677,800
Public service work projects........................... 10,358,600
Community corrections comprehensive plans and services. 12,533,000
Community corrections residential services............. 16,925,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program....................................... 1,740,100
Community reentry centers.............................. 2,019,600
Regional jail program.................................. 100
TOTAL.................................................. $ 91,304,400
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. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DAG-FNS" means the DAG food and nutrition service.
(c) "DED" means the United States department of education.
(d) "DED-OESE" means the DED office of elementary and
secondary education.
(e) "DED-OSERS" means the DED office of special education and
rehabilitative services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" or "MDOC" means the Michigan department of
corrections.
(h) "DOJ" means the United States department of justice.
(i) "DOJ-BOP" means the DOJ bureau of prisons.
(j) "DOJ-OJP" means the DOJ office of justice programs.
(k) "FTE" means full-time equated.
(l) "GED" means general educational development certificate.
(m) "GPS" means global positioning system.
(n) "HIV" means human immunodeficiency virus.
(o) "IDG" means interdepartmental grant.
(p) "IDT" means intradepartmental transfer.
(q) "MDCH" means the Michigan department of community health.
(r) "Medicaid benefit" means a benefit paid or payable under a
program for medical assistance under the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b.
(s) "MDSP" means the Michigan department of state police.
(t) "MPRI" means the Michigan prisoner reentry initiative.
(u) "OCC" means the office of community corrections.
(v) "RSAT" means residential substance abuse treatment.
(w) "SSA" means the United States social security
administration.
(x) "SSA-SSI" means SSA supplemental security income.
Sec. 204. The civil service commission 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) 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 1 position
to another within a department.
(2) The state budget director may grant exceptions to the
hiring freeze when the state budget director believes that this
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 necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house
standing committees on appropriations the number of exceptions to
the hiring freeze approved during the previous quarter and the
reasons to justify the exception.
Sec. 206. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 207. At least 120 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the appropriate senate and house appropriations subcommittees and
the senate and house fiscal agencies. The plan shall include the
criteria under which the privatization initiative will be
evaluated. The evaluation shall be completed and submitted to the
appropriate senate and house appropriations subcommittees and the
senate and house fiscal agencies within 30 months.
Sec. 207a. (1) Before privatizing any services or activities
currently provided by state employees in the department, the
department shall submit to the senate and house appropriations
committees a preprivatization cost-benefit analysis. This analysis
shall utilize accurate, reliable, and objective data. Included in
this analysis shall be a comparative estimate of the costs that
will be incurred by this state over the life of the contract if 1
or both of the following occur:
(a) The service or activity continues to be provided by state
employees.
(b) The service or activity is privatized. The costs of
privatizing these services shall include the costs of all necessary
monitoring and oversight of the private entity by this state. These
private entities shall be adequately bonded, so as not to expose
the state to any potential future liability or legal causes of
action.
(2) The department shall not commence any efforts to privatize
the services or activities currently provided by state employees
under part 1 until the cost-benefit analysis prescribed by
subsection (1) has been sent to both the senate and house
appropriations committees 14 days prior to the efforts to privatize
and proves a cost savings of at least 5% of the costs of continuing
to use state employees in providing the services or activities.
(3) A private contractor with a contract with this state that
expends state or federal tax dollars shall have all records
pertinent to state contracts, including all records detailing
compliance with section 209, be subject to disclosure to the
department or the department of management and budget.
(4) State employees shall be given the opportunity to bid on
contracts that privatize services that are or were provided by
state employees. If the contract is awarded to any state employee,
he or she ceases being an employee of the state.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement 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. There shall
be at least 1 separate and distinct electronic file for each
section that includes a reporting requirement.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 210. (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. 211. 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, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, public work programs, and
services provided to units of government. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
Sec. 212. Preference should be given to purchasing produce
from Michigan growers and processors when their produce is
competitively priced and of comparable quality.
Sec. 213. By February 15, 2009, the department shall provide
the members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a report detailing nongeneral fund/general
purpose sources of revenue, including, but not limited to, federal
revenues, state restricted revenues, local and private revenues,
offender reimbursements and other payments, revolving funds, and 1-
time sources of revenue, whether or not such revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2007-2008, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2007-2008, the account balance at the close of fiscal year
2007-2008, and the projected revenues and expenditures for fiscal
year 2008-2009.
Sec. 214. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. These user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 215. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support department of corrections technology projects under the
direction of the department of information technology. Funds
designated in this manner are not available for expenditure until
approved as work projects under section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2009 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, or both, including protecting existing
federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions listed in subsection (1), the state budget
director may grant an exception to allow the travel. Any exceptions
granted by the state budget director shall be reported on a monthly
basis to the senate and house standing committees on
appropriations.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the senate and house
standing committees on appropriations, the fiscal agencies, and the
state budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in deprived and
depressed communities for services, supplies, or both.
Sec. 218. It is the intent of the legislature that no
expenditures for employee dry cleaning allowances be made or
obligations to pay employee dry cleaning allowances be incurred for
dry cleaning allowances in excess of the amounts authorized under
collective bargaining contracts in effect from January 1, 2002 to
December 31, 2004.
Sec. 219. Any contract for prisoner telephone services entered
into after the effective date of this act shall include a condition
that fee schedules for prisoner telephone calls, including rates
and any surcharges other than those necessary to meet special
equipment costs, be the same as fee schedules for calls placed from
outside of correctional facilities.
Sec. 221. (1) The department shall report no later than April
1, 2009 on each specific policy change made to implement a public
act affecting the department that took effect during the previous
calendar year to the senate and house appropriations subcommittees
on corrections, the joint committee on administrative rules, and
the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used to adopt a
rule that will apply to a small business and that will have a
disproportionate economic impact on small businesses because of the
size of those businesses if the department fails to reduce the
disproportionate economic impact of the rule on small businesses as
provided under section 40 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 222. 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. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 act 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 $2,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
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 $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 224. By April 1, 2009, the department shall provide a
litigation report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The report shall identify all
lawsuits adjudicated through the trial court phase in which the
department or an employee acting on behalf of the department was a
defendant and in which trial court proceedings resulted in a
decision of $1,000,000.00 or more against the department.
Sec. 225. (1) The department shall make every effort to place
employees displaced by any reductions in force within other
positions in the department.
(2) It is the intent of the legislature that employees
displaced by any reductions in force who are not placed within
other positions in the department be given priority in state
programs for job retraining or education, such as the no worker
left behind program.
Sec. 226. If changes to sentencing and parole statutes
sufficient to eliminate the need for at least 1,680 prison beds by
the end of fiscal year 2008-2009 are not enacted by January 1,
2009, there is appropriated to the inmate housing fund
$25,369,600.00 for the purposes of adding 560 additional beds in
open-bay housing units, opening a 240-bed housing unit at Macomb
correctional facility, and keeping Scott correctional facility open
through the end of the fiscal year.
Sec. 227. (1) The department shall convene a special
alternative to incarceration workgroup that includes as its members
representatives from the department, the prosecuting attorneys
association of Michigan, the Michigan judges association, and the
third party evaluator selected for the evaluation of the program.
The workgroup shall be convened for the purpose of developing
recommendations for both of the following:
(a) A redesign of the special alternative to incarceration
program that takes into account the results of any studies of
process and impact of the special alternative to incarceration as
well as national evidence-based practices for such programs.
(b) Additional process and impact studies for the special
alternative to incarceration program as redesigned according to
statutory and appropriations act requirements.
(2) The recommendations shall be provided to the senate and
house appropriations subcommittees on corrections and the senate
and house judiciary committees by May 1, 2009.
(3) It is the intent of the legislature to review and act on
the special alternative to incarceration workgroup's
recommendations by September 1, 2009.
Sec. 228. (1) Due to the importance of departmental employees
in maintaining safe, secure, and efficient operations of the
facilities, implementation of any reductions to the number of
storekeepers or bidding out of prison store operations shall be
suspended until a workgroup is convened to identify operational
changes other than personnel reductions that result in full-year
savings of at least $1,205,400.00 to state general/general purpose
appropriations that would otherwise be needed for prison store
operations.
(2) The workgroup shall be convened by the department no later
than October 10, 2008, and at a minimum shall include
representatives of the department, storekeepers, and the chairs of
the senate and house appropriations subcommittees on corrections.
(3) By October 31, 2008, the members of the workgroup shall
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director its recommendations for achieving the savings
specified in subsection (1). It is the intent of the legislature to
act upon workgroup recommendations that may require legislative
action to realize the savings.
Sec. 229. (1) Due to the importance of departmental employees
in maintaining safe, secure, and efficient operations of the
facilities, implementation of regionalization of business offices
shall be suspended until a workgroup is convened to identify
operational changes other than personnel reductions that result in
full-year savings of at least $4,995,300.00 to state general
fund/general purpose appropriations that would otherwise be needed
for business office operations.
(2) The workgroup shall be convened by the department no later
than October 10, 2008, and at a minimum shall include
representatives of the department, business office personnel who
would be affected by the proposed regionalization, and the chairs
of the senate and house appropriations subcommittees on
corrections.
(3) By October 31, 2008, the members of the workgroup shall
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director its recommendations for achieving the savings
specified in subsection (1). It is the intent of the legislature to
act upon workgroup recommendations that may require legislative
action to realize the savings.
Sec. 230. (1) From the funds appropriated in part 1, the
department shall contract with a state university for a study based
on a representative random sample of county jail inmates. To the
extent that such information would not conflict with state law on
confidentiality for inmates included in the study, at a minimum,
the study shall be sufficient to provide all of the information
required by subsection (2). The methodological basis for the study
shall include all of the following:
(a) Diagnostic clinical interviews with all of the inmates in
the study.
(b) Reviews of the criminal history records of all of the
inmates in the study.
(c) Reviews of the medical and mental health records of all of
the inmates in the study, as available.
(2) By June 30, 2009, 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 results and findings of the study, including, at a minimum,
information on all of the following, to the extent that such
information would not conflict with state law on confidentiality
for the inmates included in the study:
(a) Study methodology, including information on the sample
size and counties sampled.
(b) The proportion of county jail inmates with a primary
diagnosis of mental illness, the proportion of inmates with a
primary diagnosis of addiction disorder, and the proportion of
inmates with a dual diagnosis of mental illness and addiction
disorder.
(c) For each category of inmates listed in subdivision (b),
all of the following information:
(i) The proportion considered to currently require treatment
and the percentage in need of treatment who are currently receiving
it. Information on inmates currently receiving treatment shall
identify whether the inmates are receiving inpatient, residential,
or outpatient treatment. Treatment information on inmates with a
dual diagnosis shall identify whether inmates are receiving mental
health inpatient, mental health residential, mental health
outpatient, substance abuse residential, or substance abuse
outpatient treatment.
(ii) Data indicating how many inmates previously had been
hospitalized in a state psychiatric hospital for persons with
mental illness.
(iii) Data indicating whether and with what frequency inmates
previously had been incarcerated in a jail or committed to the
department of corrections.
(iv) Data indicating whether inmates previously had received
services managed by a community mental health program or substance
abuse coordinating agency.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 302. A report on the mental health study required under
section 302 of 2007 PA 124, together with any recommendations
contained in the study and response from the department, shall be
provided to the members of the senate and house appropriations
subcommittees on corrections and community health, the senate and
house fiscal agencies, MDCH, and the state budget director no later
than 30 days after the receipt of the completed study. The report
shall include all of the information specified in section 302(2)(a)
to (j) of 2007 PA 124. The report also shall include a plan by the
department to implement those recommendations with which it agrees
and an explanation of any disagreements with recommendations. It is
the intent of the legislature to review the department's
implementation plan and, in coordination with the department, to
identify funds with which to implement the plan, as appropriate.
Sec. 303. 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, 2009,
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 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, 2009.
Sec. 304. The director of the department shall develop a staff
savings initiative program to invite employees to submit
suggestions for saving costs for the department and shall recommend
that 10% of any savings realized from those savings be reallocated
to the unit, office, or program where that employee works.
PLANNING AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates by February 1, 2009 to the senate and
house appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget director. The report
shall include explanations of the methodology and assumptions used
in developing the projection updates.
Sec. 402. It is the intent of the legislature that the funds
appropriated in part 1 for prisoner reintegration programs be
expended for the purpose of reducing victimization by reducing
offender recidivism through the following prisoner reintegration
programming:
(a) The provision of employment and job training.
(b) The provision of assistance in acquiring the documents
necessary to obtain a state identification card or operator's
license.
(c) The provision of housing assistance.
(d) Referral to mental health services.
(e) Referral to substance abuse services.
(f) Referral to public health services.
(g) Referral to education.
(h) Referral to any other services necessary for successful
reintegration.
Sec. 403. (1) By April 1, 2009, the department shall provide a
report on prisoner reintegration programs to the members of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director. At
a minimum, the report shall include all of the following
information:
(a) Allocations and projected expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider.
(b) An explanation of the objectives and results measures for
each program.
(c) An explanation of how the programs will be evaluated.
(d) A discussion of the evidence and research upon which each
program is based.
(e) A discussion and estimate of the impact of prisoner
reintegration programs on reoffending and returns to prison.
(f) A progress report on applicable results of each program,
including, but not limited to, the estimated bed space impact of
prisoner reintegration programs.
(2) The department shall provide quarterly reports on January
1, 2009, April 1, 2009, July 1, 2009, and September 30, 2009 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status and recidivism levels of offenders who participated in
the MPRI and have been released. The data should be broken out by
the controlling sentence for the following 4 offender types: drug,
nonassaultive, assaultive, and sex.
(3) By September 30, 2009, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director a
comparison of the overall recidivism rates and length of time prior
to prison return of offenders who participated in the MPRI with
those of offenders who did not. The report should disaggregate the
information by each site in order to compare the practices and
success rates of each site.
(4) The department shall include prisoners nearing their
maximum sentence in the prison phases of the MPRI.
(5) The MPRI shall include programming on understanding
conditions of parole, and each offender's transition accountability
plan shall include a plan for following conditions of parole. The
department shall ensure that each offender understands his or her
conditions of parole prior to release from prison.
(6) The department shall provide biannual reports to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
parolees who participated in the MPRI and have tested positive for
substance abuse in the previous 6 months. The report shall include
any sanctions imposed by the department in response to the positive
substance abuse test. Notwithstanding the reporting deadlines
established in this subsection, the department shall monitor trends
in substance abuse test results and any sanctions imposed for MPRI
parolee participants and immediately notify the senate and house
subcommittees on appropriations, the senate and house fiscal
agencies, and the state budget director of any significant changes
to those trends.
(7) The department shall provide biannual reports to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
parolees who participated in the MPRI and have a diagnosis of
mental illness or received mental health treatment while in prison.
The report shall include the number of offenders successfully
referred to the local community mental health agency, by county,
and number of parolees participating in treatment for mental
illness, by county.
(8) The department shall ensure that each prisoner develops a
transition accountability plan at intake in order to successfully
reenter the community after release from prison. Each prisoner's
transition accountability plan shall be reviewed at least once each
year to assure adequate progress.
Sec. 404. (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. 405. (1) In expending residential substance abuse
treatment services funds appropriated under this act, the
department shall ensure to the maximum extent possible that
residential substance abuse treatment services are available
statewide.
(2) By April 1, 2009, 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 allocation, distribution, and expenditure of all funds
appropriated by the substance abuse testing and treatment line item
during fiscal year 2007-2008 and projected for fiscal year 2008-
2009. The report shall include, but not be limited to, an
explanation of an anticipated year-end balance, the number of
participants in substance abuse programs, and the number of
offenders on waiting lists for residential substance abuse
programs. Information required under this subsection shall, where
possible, be separated by MDOC administrative region and by
offender type, including, but not limited to, a distinction between
prisoners, parolees, and probationers.
(3) By April 1, 2009, 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
substance abuse testing and treatment program objectives, outcome
measures, and results, including program impact on offender
behavior and recidivism.
Sec. 405a. It is the intent of the legislature that the
department work cooperatively with MDCH and substance abuse
coordinating agencies in referring offenders as appropriate to
intensive substance abuse services, including residential services,
as provided by section 484 of Enrolled Senate Bill No. 1094 of the
2007-2008 legislative session.
Sec. 406. (1) By March 1, 2009, 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 standards developed under 2007 PA 124, including all of the
following:
(a) The acceptable range or ranges for administrative costs.
(b) How local program results are to be reported and quantified.
(c) The acceptable range or ranges for per-participant
expenditures.
(d) Procedures for referral and follow-up by the department on
the status of referrals to substance abuse treatment, health care,
and mental health treatment.
(e) Any other standards developed by the department, consistent
with good management practices and optimum program results.
(2) The report required under subsection (1) shall include
information explaining how each standard is being implemented.
Sec. 407. By March 1, 2009, the department shall report to the
senate and house subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director on offenders who
have served their maximum sentence and been released from prison in
the last 5 years. The report shall include the following
information:
(a) The number of offenders discharged on the maximum,
disaggregated by major offense type: assaultive, nonassaultive,
drug, and sex.
(b) The number of offenders committed to the department each
year who had been discharged on the maximum sentence, disaggregated
by year of discharge and major offense type of assaultive,
nonassaultive, drug, and sex. For each subgroup of offender listed
in this subdivision, the report shall indicate the numbers of
offenders who received each of the following while in prison:
substance abuse treatment, mental health treatment, assaultive or
sex offender programming, a GED, or a vocational certificate.
(c) Each offender's adjudication history based on their
presentence investigation report.
Sec. 408. As a condition of expending funds appropriated for
planning, community development and research, and prisoner
reintegration programs under part 1, the department shall by
January 31, 2009 provide a plan to reduce recidivism rates among
prisoners released from correctional facilities to the members of
the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget director. The plan
shall include detailed information on 3-year recidivism rates in
this state for the most recent 5-year period, a detailed comparison
of those rates to rates in other states and a national average, and
details on how the department plans to improve recidivism rates.
The plan also shall include details on how the department proposes
to measure the success of the plan. It is the intent of the
legislature to maintain sufficient funding with which to implement
the plan.
Sec. 409. The office of community corrections shall provide
and coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. Programs and services to be offered shall include,
but are not limited to, technical assistance for comprehensive
corrections plan development, new program start-up funding, program
funding for those programs delivering services for eligible
offenders in geographic areas identified by the office of community
corrections as having a shortage of available services, technical
assistance, referral services for education, employment services,
and substance abuse and family counseling. As used in this act:
(a) "Alternative to incarceration in a state facility or jail"
means a program that involves offenders who receive a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail based on historical local sentencing
patterns or that amounts to a reduction in the length of sentence
in a jail.
(b) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce prison commitment rates, to reduce the length of stay in a
jail, or to improve the utilization of a jail.
(c) "Jail" means a facility operated by a local unit of
government for the physical detention and correction of persons
charged with or convicted of criminal offenses.
(d) "Offender eligibility criteria" means particular criminal
violations, state felony sentencing guidelines descriptors, and
offender characteristics developed by advisory boards and approved
by local units of government that identify the offenders suitable
for community corrections programs funded through the office of
community corrections.
(e) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not increase the risk to
the public safety, who have not demonstrated a pattern of violent
behavior, and who do not have criminal records that indicate a
pattern of violent offenses.
(f) "Offender who would likely be sentenced to imprisonment"
means either of the following:
(i) A felon or misdemeanant who receives a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail, according to historical local
sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is
granted early release from incarceration to a community corrections
program or who is granted early release from incarceration as a
result of a community corrections program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that serve as an
alternative to incarceration in a state facility or jail. The
comprehensive corrections plans shall include an explanation of how
the public safety will be maintained, the goals for the local
jurisdiction, offender target populations intended to be affected,
offender eligibility criteria for purposes outlined in the plan,
and how the plans will meet the following objectives, consistent
with section 8(4) of the community corrections act, 1988 PA 511,
MCL 791.408:
(a) Reduce admissions to prison of nonviolent offenders who
would have otherwise received an active sentence, including
probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on prison commitment rates and
jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full
range of sanctions and services that are available and utilized
within the local jurisdiction and an explanation of how jail beds,
residential services, the special alternative incarceration
program, probation detention centers, the electronic monitoring
program for probationers, and treatment and rehabilitative services
will be utilized to support the objectives and priorities of the
comprehensive corrections plans and the purposes and priorities of
section 8(4) of the community corrections act, 1988 PA 511, MCL
791.408. The plans shall also include, where appropriate,
provisions that detail how the local communities plan to respond to
sentencing guidelines found in chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69, and the use of the
county jail reimbursement program under section 414. The state
community corrections board shall encourage local community
corrections advisory boards to include in their comprehensive
corrections plans strategies to collaborate with local alcohol and
drug treatment agencies of the MDCH for the provision of alcohol
and drug screening, assessment, case management planning, and
delivery of treatment to alcohol- and drug-involved offenders,
including, but not limited to, probation and parole violators who
are at risk of revocation.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that 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 residential services, 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 the previous 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. 413. (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 is 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. 414. (1) Funds appropriated in part 1 for the county jail
reimbursement program are appropriated for the period from October
1, 2008 to December 31, 2008 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 between
October 1, 2008 and December 31, 2008 if the conviction was for a
crime committed on or after January 1, 1999 and 1 of the following
applies:
(a) 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.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months.
(3) State reimbursement under this section for prisoner
housing and custody expenses per diverted offender shall be $43.50
per diem for up to a 90-day total.
(4) From the funds appropriated in part 1 for the county jail
reimbursement program, the department shall conduct an ongoing
study to determine the impact of the sentencing guidelines under
chapter XVII of the code of criminal procedure, 1927 PA 175, MCL
777.1 to 777.69. The study shall analyze sentencing patterns of
jurisdictions as well as 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 conduct 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.
Senate Bill No. 1095 (H-1) as amended June 5, 2008
(5) The department, the state budget office, the Michigan
association of counties, and the Michigan sheriffs' association
shall review the periodic findings of the study required in
subsection (4) and, if appropriate, recommend modification of the
criteria for reimbursement contained in subsection (2) at meetings
convened by the chairs of the house and senate appropriations
subcommittees on corrections.
(6) 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 reimbursable
offense.
(7) County jail reimbursement program expenditures shall not
exceed the amount appropriated in part 1 for the county jail
reimbursement program. 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. The department shall by October 15,
2008 distribute the documentation requirements to all counties.
[
Senate Bill No. 1095 (H-1) as amended June 5, 2008
]
Sec. 414a. (1) Subject to the requirements of this section,
beginning January 1, 2009, $9,204,100.00 is appropriated for the
county reentry program. Funding for the county reentry program is
appropriated for per diem payments to counties, contingent upon
enactment of reimbursement criteria and rates following convening
of a legislative workgroup including, at a minimum, the chairs of
the house and senate appropriations subcommittees on corrections,
and representatives of all of the following:
(a) Counties.
(b) County sheriffs.
(c) The department of corrections.
(d) Local courts.
(2) Reimbursement criteria shall do all of the following:
(a) Identify 1 or more categories of felony offenders who
otherwise likely would be sentenced to prison.
(b) Be sufficiently narrowly drawn to bar reimbursement for
categories of offenders who generally would not be sentenced to
prison, given actual sentencing patterns.
(c) Describe a sufficient number of felony offenders to enable
counties to target and divert from prison enough offenders to
ensure a prison bed space impact of at least 2,200 prison beds
annually.
(3) If reimbursement criteria and rates meeting the
requirements of this section are not enacted by law with an
effective date of not later than January 1, 2009, the funding
appropriated in part 1 for the county reentry program shall be used
for programs that divert to local sanctions felony offenders who
otherwise likely would be sentenced to prison, as determined by the
department. Contracts or grants awarded under this subsection shall
be awarded consistently with funding mechanisms under the Michigan
prisoner reentry initiative or the community corrections act, 1988
PA 511, MCL 791.401 to 791.414.
Sec. 415. (1) As a condition of receipt of the funds
appropriated in part 1 for community corrections plans and services
and residential services, the department shall only award those
funds requested under a properly prepared and approved
comprehensive corrections plan submitted under section 8 of the
community corrections act, 1988 PA 511, MCL 791.408, or directly
applied for under section 10 of the community corrections act, 1988
PA 511, MCL 791.410.
(2) The department shall only halt funding for an entity
funded under section 8 of the community corrections act, 1988 PA
511, MCL 791.408, in instances of substantial noncompliance during
the period covered by the plan.
Sec. 416. (1) Funds included in part 1 for the felony drunk
driver jail reduction and community treatment program are
appropriated for and may be expended for any of the following
purposes:
(a) To increase availability of treatment options to reduce
drunk driving and drunk driving-related deaths by addressing the
alcohol addiction of felony drunk drivers who otherwise likely
would be sentenced to jail or a combination of jail and other
sanctions.
(b) To divert from jail sentences or to reduce the length of
jail sentences for felony drunk drivers who otherwise would have
been sentenced to jail and whose recommended minimum sentence
ranges under sentencing guidelines established under chapter XVII
of the code of criminal procedure, 1927 PA 175, MCL 777.1 to
777.69, have upper limits of 18 months or less, through funding
programs that may be used in lieu of incarceration and that
increase the likelihood of rehabilitation.
(c) To provide a policy and funding framework to make
additional jail space available for housing convicted felons whose
recommended minimum sentence ranges under sentencing guidelines
established under chapter XVII of the code of criminal procedure,
1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or
less and who likely otherwise would be sentenced to prison, with
the aim of enabling counties to meet or exceed amounts received
through the county jail reimbursement program during fiscal year
2002-2003 and reducing the numbers of felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony
drunk driver jail reduction and community treatment program shall
be by grant awards consistent with standards developed by a
committee of the state community corrections advisory board. The
chairperson of the committee shall be the board member representing
county sheriffs. Remaining members of the committee shall be
appointed by the chairperson of the board.
(3) In developing annual standards, the committee shall
consult with interested agencies and associations. Standards
developed by the committee shall include application criteria,
performance objectives and measures, funding allocations, and
allowable uses of the funds, consistent with the purposes specified
in this section.
(4) Allowable uses of the funds shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose recommended
minimum sentence ranges under the sentencing guidelines described
in subsection (1)(c) had upper limits of 18 months or less.
(6) Awards of funding under this section shall be provided
consistent with the local comprehensive corrections plans developed
under the community corrections act, 1988 PA 511, MCL 791.401 to
791.414. Funds awarded under this section may be used in
conjunction with funds awarded under grant programs established
under that act. Due to the need for felony drunk drivers to be
transitioned from county jails to community treatment services, it
is the intent of the legislature that local units of government
utilize funds received under this section to support county sheriff
departments.
(7) As used in this section, "felony drunk driver" means a
felon convicted of operating a motor vehicle under the influence of
intoxicating liquor or a controlled substance, or both, third or
subsequent offense, under section 625(9)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, or its predecessor statute,
punishable as a felony.
Sec. 417. (1) By April 1, 2009, the department shall report to
the members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on each of the following programs from the previous
fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) The alternatives to prison jail and treatment programs.
(d) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
under subsection (1) shall include information on each of the
following:
(a) Program objectives and outcome measures.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall ensure that each prisoner
make all reasonable efforts to obtain the documents necessary to
obtain a state operator's license or state identification card
prior to a prisoner's discharge or parole hearing. The process for
prisoners to acquire this documentation shall be part of the
department's operating procedure.
(2) The department shall cooperate with MDCH to maintain a
process by which prisoners can obtain their birth certificates. By
April 1, 2009, 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. 419. (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. The reports shall include information on end-of-
month prisoner populations in county jails, the net operating
capacity according to the most recent certification report,
identified by date, and end-of-month data, year-to-date data, and
comparisons to the prior year for the following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(f) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(g) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 420. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
judiciary committees, the senate and house fiscal agencies, and the
state budget director on the status of the department's response to
the fiscal year 2007-2008 performance audits by the office of the
auditor general on the department's staffing, health care services,
food service and prisoner transportation, mental health care
services, and pharmaceuticals. The department shall provide the
reports within 30 days after each audit's official release date.
Sec. 421. (1) Of the funds appropriated in part 1, $100,100.00
is appropriated for the purpose of providing an interdepartmental
grant to the Michigan state police for the purpose of providing
grants for training teams of law enforcement officers and mental
health treatment providers. The teams shall be trained in effective
and safe ways of assisting people with mental illness during law
enforcement contacts and directing people with mental illness to
treatment programs. It is the intent of the legislature that mental
health awareness training be incorporated into continuing education
for all law enforcement officers in the state.
(2) By April 1, 2008, the department of state police shall
report to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on the implementation of this section. The report
shall include information on the training program, the numbers of
teams trained under this section in the prior fiscal year, and on
the numbers of people with mental illness who were directed to
treatment programs by teams receiving training in the prior fiscal
year.
Sec. 422. It is the intent of the legislature that MPRI
programs become standard operating procedure in the department by
the end of fiscal year 2008-2009.
Sec. 423. (1) The department shall design and implement a
pilot project that has as its goal the reduction of criminal
behavior and of returns to prison of female technical parole
violators. The pilot project shall be of a design that is based on
evidence-based practices proven in other jurisdictions to reduce
criminal behavior.
(2) By May 1, 2009, 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
extent to which the program described in subsection (1) has been
successful, as evidenced by a reduction in the number of female
technical parole violator returns to prison compared to prior year
returns, and the extent to which any of the parolees enrolled in
the pilot project have either been convicted of new offenses or
have new pending charges upon return compared to paroles with
similar characteristics.
Sec. 425. It is the intent of the legislature that the
department work cooperatively with MDCH in convening a workgroup to
examine and evaluate jail diversion programs by community mental
health service providers, the Michigan prisoner reentry initiative,
and mental health court programs as provided by section 485 of
Senate Bill No. 1094 of the 2007-2008 legislative session.
OPERATIONS AND SUPPORT ADMINISTRATION
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.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 503. Funds appropriated in part 1 for administrative
hearings officers are appropriated as an interdepartmental grant to
the department of labor and economic growth for the purpose of
funding administrative hearings officers for adjudication of
grievances pertaining to the department of corrections. The
department shall not expend appropriations from part 1 to satisfy
charges from the department of labor and economic growth for
administrative hearings officers in excess of the amount expressly
appropriated by this act for the administrative hearings officers
unless funding is transferred into this line under section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 505. The department shall train all custody staff in
effective and safe ways of handling prisoners with mental illness
and referring prisoners to mental health treatment programs. Mental
health awareness training shall be incorporated into the training
of new custody staff.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. From the funds appropriated in part 1, the
department shall conduct a statewide caseload audit of field
agents. The audit shall address public protection issues and assess
the ability of the field agents to complete their professional
duties. The results of the audit shall be submitted to the senate
and house appropriations subcommittees on corrections and the
senate and house fiscal agencies, and the state budget office by
February 15, 2009.
Sec. 602. (1) Of the amount appropriated in part 1 for field
operations, 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. 603. (1) All prisoners, probationers, and parolees
involved with the electronic tether program shall reimburse the
department for costs 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 costs of the equipment.
(2) Program participant contributions and local community
tether program reimbursement for the electronic tether program
appropriated in part 1 are related to program expenditures and may
be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the community tether program to be
administered by the department. The community tether program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's electronic tether program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the tether units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall 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. For an additional fee as determined by
the department, the department shall 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. 604. Community-placement prisoners and parolees shall
reimburse the department for the total 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. 606. It is the intent of the legislature that the
department shall ensure that parolees and probationers may timely
contact their parole or probation agents and maintain procedures
that preclude any necessity for an offender to have access to an
agent's home telephone number or other personal information
pertaining to the agent.
Sec. 608. By April 1, 2009, 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 use of GPS electronic monitoring. At a minimum, the report
shall include all of the following:
(a) Details on the failure rate of parolees for whom GPS
tether is utilized, including the number and rate of parolee
technical violations, including specifying failures due to
committing a new crime that is uncharged but leads to parole
termination, and the number and rate of parolee violators with new
sentences.
(b) Information on the factors considered in determining
whether an offender is placed on active GPS tether, passive GPS
tether, radio frequency tether, or some combination of these or
other types of electronic monitoring.
(c) Monthly data on the number of offenders on active GPS
tether, passive GPS tether, radio frequency tether, and any other
type of tether.
Sec. 609. By April 1, 2009, 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 use of kiosk reporting stations. At a minimum, the report shall
include all of the following:
(a) Factors considered in determining whether an offender is
assigned to report at a kiosk.
(b) Information on the location, costs, safety features, and
other features of kiosks used for offender reporting.
(c) Information on pilot program outcome measures.
(d) An evaluation of the kiosk reporting pilot program,
including any need for improvement and an assessment of the
potential for expanded use of kiosk reporting stations.
Sec. 611. The department shall prepare by April 1, 2009
individual reports for the community re-entry program, the
electronic tether program, and the special alternative to
incarceration program. The reports shall be submitted to the house
and senate appropriations subcommittees on corrections, the house
and senate fiscal agencies, and the state budget director. Each
program's report shall include information on all of the following:
(a) Monthly new participants by type of offender. Community
re-entry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(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 each program location or locations,
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. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) To the extent policies or programs described in subsection
(1) are used, developed, or contracted for, the department may
request that funds appropriated in part 1 be transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393, for their operation.
(3) The department shall continue to utilize parole violator
processing guidelines that require parole agents to utilize all
available appropriate community-based, nonincarcerative postrelease
sanctions and services when appropriate. The department shall
periodically evaluate such guidelines for modification, in response
to emerging information from the pilot projects for substance abuse
treatment provided under this act and applicable provisions of
prior budget acts for the department.
(4) The department shall provide quarterly reports to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the number of all parolees returned to prison and probationers
sentenced to prison for either a technical violation or new
sentence during the preceding calendar quarter. The reports shall
include the following information each for probationers, parolees
after their first parole, and parolees who have been paroled more
than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a GED or high school diploma prior to incarceration in
prison, how many received a GED while in prison, and how many
received a vocational certificate while in prison.
(d) The number of offenders who participated in the MPRI
versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
CONSENT DECREES
Sec. 701. Funding appropriated in part 1 for consent decree
line items is appropriated into separate control accounts created
for each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree.
HEALTH CARE
Sec. 801. 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 the chief medical officer of the department.
Sec. 802. (1) As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
Senate Bill No. 1095 (H-1) as amended June 5, 2008
house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with all of the following:
(a) Quarterly reports on physical and mental health care
detailing the average number of days between a prisoner's diagnosis
and commencement of treatment for that diagnosis, quarterly and
fiscal year-to-date expenditures itemized by vendor, allocations,
status of payments from contractors to vendors, and projected year-
end expenditures from accounts for prisoner health care, mental
health care, pharmaceutical services, and durable medical
equipment.
(b) Regular updates on progress on requests for proposals and
requests for information pertaining to prisoner health care and
mental health care, until the applicable contract is approved.
(2) It is the intent of the legislature that, in the interest
of providing the most efficient and cost-effective delivery of
health care, local health care providers shall be considered and
given the opportunity to competitively bid as vendors under future
managed care contracts.
[(3) Funds appropriated in part 1 of this act shall not be expended on a contract for prisoner health care if only 1 competitive bid was received in response to the request for proposals for that contract. It is the intent of the legislature that if only 1 competitive bid is received in response to the request for proposals, the bid process shall not proceed and a new request for proposals shall be issued.]
Sec. 804. (1) The department shall report quarterly 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 quarter.
(2) By April 1, 2009, 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
prisoners receiving off-site inpatient medical care that 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. 805. The bureau of health care services shall develop
information on Hepatitis C and HIV prevention and the risks
associated with exposure to Hepatitis C and HIV. The health care
providers shall disseminate this information verbally and in
writing to each prisoner at the health screening and full health
appraisal conducted at admissions, at the annual health care
screening 30 days before or after a prisoner's birthday, and prior
to release to the community by parole, transfer to community
residential placement, or discharge on the maximum sentence.
Sec. 806. (1) From the funds appropriated in part 1, the
department shall require a Hepatitis C antibody test and an HIV
test for each prisoner prior to release to the community by parole,
transfer to community residential placement, or discharge on the
maximum sentence. The department shall require an HIV test and a
Hepatitis C risk factor screening for each prisoner at the health
screening at admissions. If Hepatitis C risk factors are
identified, the department shall offer the prisoner a Hepatitis C
antibody test. An explanation of 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, 2009, 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 tested and the number of offenders
testing positive for HIV, the 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, the
Hepatitis C antibody, or both at prison admission, parole, transfer
to community residential placement, and discharge. 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.
(c) Cost and duration of treatment by offender.
Sec. 807. The department shall ensure that all medications for
a prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another. Prisoners
being released shall be provided with a supply of medication to
allow for continuity of care in the community.
Sec. 808. There are sufficient funds and FTEs appropriated in
part 1 to provide a full complement of nurses for clinical
complexes working regular pay hours, and it is the intent of the
legislature that sufficient nurses be hired or retained to limit
the use of overtime other-than-holiday pay.
Sec. 809. The department, in conjunction with efforts to
implement the MPRI, shall cooperate with the MDCH to share data and
information as they relate to prisoners being released who are HIV
positive or positive for the Hepatitis C antibody. By April 1,
2009, 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) Programs and the location of programs implemented as a
result of the work under this section.
(b) 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.
(c) The number of offenders successfully referred to the local
public health department, by county.
Sec. 811. 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 report on the
bureau of health care services quality assurance program by
September 30, 2009. The report shall include recommendations for
quality improvements and a plan to implement those recommendations.
Sec 812. (1) It is the intent of the legislature that the
department continue to provide the department of human services
with a monthly list of prisoners newly committed to the department
of corrections. The department and the department of human services
shall enter into an interagency agreement under which the
department of human services provides the department of corrections
with monthly lists of newly committed prisoners who are eligible
for Medicaid benefits. The department shall assist prisoners who
may be eligible for Medicaid benefits after release from prison
with the Medicaid enrollment process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director with regular updates
on the utilization of Medicaid benefits for prisoners.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 901. By September 30, 2009, 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 report on the impact of converting all facilities
to tobacco-free status. At a minimum, the report shall include
details on the department’s efforts to provide tobacco cessation
programs for prisoners and staff, and the impact on institutional
safety and security of making all facilities tobacco-free.
Sec. 902. 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. 903. Except as otherwise provided in this section, the
department shall prohibit prisoners' access to or use of the
Internet or any similar system. Under adequate supervision and with
security precautions that ensure appropriate computer use by
prisoners, the department may allow a prisoner access to or use of
the Internet for the purposes of educational programming,
employment training, job searches, or other Internet-based programs
and services consistent with programming objectives, efficient
operations, and the safety and security of the institution.
Sec. 904. 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. 905. (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 act. 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. 906. (1) The department shall establish a uniform rate to
be paid by public and private agencies that benefit from public
work services provided by special alternative incarceration
participants and prisoners.
(2) It is the intent of the legislature that to the degree
consistent with public safety and the safety and security of the
institutions, public works projects be continued at the level
provided in 2006 PA 331.
(3) It is the intent of the legislature that public works fees
be maintained at the rates in effect on January 1, 2008.
Sec. 907. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on
academic/vocational programs. The report shall provide information
relevant to an assessment of the department's academic and
vocational programs, including, but not limited to, the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason the prisoners do
not have their GED.
(e) The number of prisoners paroled without a GED.
(f) An explanation of the value and purpose of each program,
e.g., to improve employability, reduce recidivism, reduce prisoner
idleness, or some combination of these and other factors.
(g) An identification of program outcomes for each academic
and vocational program.
(h) An explanation of the department's plans for academic and
vocational programs.
Sec. 908. By February 1, 2009, 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 percent of offenders included in the prison
population intake for fiscal years 2006-2007 and 2007-2008 who have
a high school diploma or a GED.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton correctional facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund to produce high-
quality materials for use by the visually impaired.
Sec. 911. By February 1, 2009, 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 number of critical incidents occurring each month by type and
the number and severity of assaults occurring each month at each
facility during calendar year 2008.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director by April 1, 2009 on
the ratio of correctional officers to prisoners for each
correctional institution, the ratio of shift command staff to line
custody staff, and the ratio of noncustody institutional staff to
prisoners for each correctional institution.
Sec. 913. The department shall develop and maintain a
statewide waiting list for offenders referred for assessment for
the assaultive offender program for parole eligibility and, if
possible, shall transfer prisoners into facilities where assaultive
offender programs are available in order to facilitate timely
participation and completion prior to parole eligibility hearings.
Nothing in this section should be deemed to make parole denial
appealable in court.
Sec. 918. Following receipt of an auditor general performance
audit on offender transportation, the department, in conjunction
with the department of management and budget, shall issue a request
for information on the possible bidding of all offender
transportation services. State employees shall be given the
opportunity to respond to a request for information on offender
transportation services. Any response to the request for
information shall include an explanation of how savings of at least
5% over existing costs of offender transportation would be
realized.
Sec. 919. Following receipt of an auditor general performance
audit on prison food service, the department, in conjunction with
the department of management and budget, shall issue a request for
information on the possible bidding of all prison food service.
State employees shall be given the opportunity to respond to a
request for information on prison food service. Any response to the
request for information shall include an explanation of how savings
of at least 5% over existing costs of prison food service would be
realized.
Sec. 923. The department shall cooperate with the department
of education to evaluate the feasibility of local school districts
providing education programming to targeted prisoners under the age
of 20 who have not received a high school diploma. By June 1, 2009,
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 any plans or evaluations developed
under this section.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, developmental disorders, and
serious mental illness. Prisoners with serious mental illness shall
not be confined in administrative segregation due to behavior that
is symptomatic of serious mental illness. Under the supervision of
a mental health professional, a prisoner with serious mental
illness may be secluded in a therapeutic environment for the safety
of the prisoner or others. A prisoner in seclusion shall be
evaluated every 12 hours by a mental health professional in order
to remain in seclusion. As used in this section:
(a) "Administrative segregation" means confinement for
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
Sec. 925. By March 1, 2009, 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 number of prisoners in administrative segregation between
October 1, 2003 and September 30, 2008, and the number of prisoners
in administrative segregation between October 1, 2003 and September
30, 2008 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation. As used in this section:
(a) "Administrative segregation" means confinement for
Senate Bill No. 1095 (H-1) as amended June 5, 2008
maintenance of order or discipline to a cell or room apart from
accommodations provided for inmates who are participating in
programs of the facility.
(b) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
[Sec. 926. (1) Except as otherwise provided by this section, the
department shall impose a 20% surcharge on all items purchased by prisoners in state facilities. The 20% surcharge shall be separate from and in addition to any other surcharge or mark-up imposed on goods purchased by prisoners before the effective date of this section; the department may continue to mark up items as necessary to meet costs, fulfill the assumptions of part 1 regarding resident store revenue, and support prisoner benefit funds at the same level that existed prior to the effective date of this section.
(2) The following items shall be exempt from the 20% surcharge imposed under subsection (1):
(a) Mandatory health care products.
(b) Over-the-counter personal care products.
(c) Hygiene products.
(d) Stationery.
(e) Cosmetics.
(3) If the department enters into a contract or an interagency agreement for prison store operations, the department shall ensure that the contract or interagency agreement provides for prison store revenues sufficient to make available the amount of additional revenue that otherwise would have been generated under subsections (1) and (2).
(4) The department shall distribute the total of the revenues generated or made available under this section quarterly as provided by this subsection. Forty-five percent of the funds generated under this section shall be retained by the department to defray costs of prison store operations. Fifty-five percent of the funds generated under this section shall be remitted to the state treasurer for deposit in the trooper recruit school fund created under section 819b of the Michigan vehicle code, 1949 PA 300, MCL 257.819. Funds generated under this section and designated for the trooper recruit school fund may be appropriated only for training new state police trooper recruits and may not be appropriated for any other purpose.
(5) The department shall increase the maximum amount, if any, of money or scrip that prisoners are allowed to spend, in accordance with this section.
Sec. 927. It is the intent of the legislature that the department of corrections and the department of human services examine the potential of entering into an intergovernmental agreement to place up to 140 children in the west wing of the Woodland center and in the Sequoyah center on the campus of the W.J. Maxey training school. The facilities shall be used to house children currently committed to the department of corrections.]