FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4437, entitled
Recommends:
First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Second: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2010; 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.
_______________________ ________________________
Alma Wheeler Smith Alan L. Cropsey
_______________________ ________________________
Fred Durhal, Jr. Roger Kahn
_______________________ ________________________
John Proos Liz Brater
Conferees for the House Conferees for the Senate
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4437
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2010; 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, 2010, 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............................. 45,433
Full-time equated unclassified positions......... 21.0
Full-time equated classified positions....... 15,746.1
GROSS APPROPRIATION.................................... $ 1,930,185,700
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 891,900
ADJUSTED GROSS APPROPRIATION........................... $ 1,929,293,800
Federal revenues:
Total federal revenues................................. 7,746,100
Special revenue funds:
Total local revenues................................... 432,700
Total private revenues................................. 0
Total other state restricted revenues.................. 50,924,600
State general fund/general purpose..................... $ 1,870,190,400
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 21.0
Full-time equated classified positions........... 12.0
Unclassified positions--21.0 FTE positions............. $ 1,812,100
Executive direction--12.0 FTE positions................ 2,188,900
Neal, et al. settlement agreement...................... 10,000,000
GROSS APPROPRIATION.................................... $ 14,001,000
Appropriated from:
State general fund/general purpose..................... $ 14,001,000
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 73.0
Planning and community development support--59.0 FTE
positions............................................ $ 6,090,500
Mental health awareness training....................... 100,000
Prisoner reintegration programs........................ 56,605,700
Substance abuse testing and treatment services--14.0
FTE positions........................................ 19,191,500
Residential services................................... 18,075,500
Community corrections comprehensive plans and services. 12,758,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 1,740,100
County jail reimbursement program...................... 16,572,100
County jail reimbursement program savings.............. (4,300,000)
GROSS APPROPRIATION.................................... $ 126,883,500
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 143,500
DOJ, prisoner reintegration............................ 1,035,000
Special revenue funds:
Civil infraction fees.................................. 7,514,400
State general fund/general purpose..................... $ 118,190,600
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 142.9
Operations support administration--50.0 FTE positions.. $ 4,799,000
New custody staff training............................. 250,500
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 14,330,800
Bureau of fiscal management--59.9 FTE positions........ 6,442,900
Office of legal services--23.0 FTE positions........... 2,583,700
Internal affairs--10.0 FTE positions................... 1,039,800
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,500
Administrative hearings officers....................... 3,549,600
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 42,118,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 298,400
Special revenue funds:
Local corrections officer training fund................ 500,000
Correctional industries revolving fund................. 110,400
State general fund/general purpose..................... $ 41,209,300
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,174.9
Field operations--1,992.6 FTE positions................ $ 171,935,100
Parole board operations--63.0 FTE positions............ 5,584,900
Parole/probation services.............................. 2,243,500
Community re-entry centers--58.3 FTE positions......... 15,628,000
Electronic monitoring center--61.0 FTE positions....... 11,306,300
GROSS APPROPRIATION.................................... $ 206,697,800
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 432,700
Re-entry center offender reimbursements................ 136,800
Parole and probation oversight fees.................... 8,300,000
Parole and probation oversight fees set-aside.......... 2,643,500
Public works user fees................................. 249,400
Tether program participant contributions............... 3,033,800
State general fund/general purpose..................... $ 191,901,600
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Average population................................ 210
Full-time equated classified positions........ 1,503.6
Correctional facilities administration--28.0 FTE
positions............................................ $ 5,697,400
Prison food service--423.0 FTE positions............... 72,611,800
Transportation--215.6 FTE positions.................... 23,351,600
Central records--53.5 FTE positions.................... 4,589,100
DOJ psychiatric plan - MDCH mental health services..... 45,489,700
DOJ psychiatric plan - MDOC staff and services--149.7
FTE positions........................................ 14,622,500
Inmate legal services.................................. 1,004,900
Loans to parolees...................................... 179,400
Housing inmates in federal institutions................ 793,900
Prison store operations--75.0 FTE positions............ 4,800,000
Prison industries operations--219.0 FTE positions...... 20,358,300
Education services and federal education grants--10.0
FTE positions........................................ 3,420,500
Federal school lunch program........................... 712,800
Leased beds and alternatives to leased beds............ 100
Inmate housing fund--26.3 FTE positions................ 4,432,200
Average population................................ 210
Correctional cost savings.............................. (38,209,200)
MPRI education program--303.5 FTE positions............ 32,467,400
GROSS APPROPRIATION.................................... $ 196,322,400
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 593,500
Federal revenues:
DAG-FNS, national school lunch......................... 712,800
DED-OESE, title 1...................................... 522,900
DED-OVAE, adult education.............................. 893,000
DED-OSERS.............................................. 108,000
DED, vocational education equipment.................... 277,400
DED, youthful offender/Specter grant................... 1,292,100
DOJ-BOP, federal prisoner reimbursement................ 211,000
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 10,300
DOJ, prison rape elimination act grant................. 1,004,300
SSA-SSI, incentive payment............................. 126,600
Special revenue funds:
Correctional industries revolving fund................. 20,358,300
Resident stores........................................ 4,800,000
State general fund/general purpose..................... $ 165,412,200
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,170.0
Health care administration--13.0 FTE positions......... $ 2,048,300
Prisoner health care services.......................... 95,881,400
Vaccination program.................................... 691,200
Northern region clinical complexes--249.8 FTE
positions............................................ 29,481,200
Southeastern region clinical complexes--602.9 FTE
positions............................................ 93,540,500
Southwestern region clinical complexes--304.3 FTE
positions............................................ 38,004,700
GROSS APPROPRIATION.................................... $ 259,647,300
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 336,300
State general fund/general purpose..................... $ 259,311,000
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 12,917
Full-time equated classified positions........ 3,174.4
Alger maximum correctional facility - Munising--268.0
FTE positions........................................ $ 27,231,400
Average population................................ 889
Baraga maximum correctional facility - Baraga--332.1
FTE positions........................................ 31,363,100
Average population................................ 884
Chippewa correctional facility - Kincheloe--475.3 FTE
positions............................................ 47,349,800
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--357.3 FTE
positions............................................ 35,813,100
Average population.............................. 1,799
Marquette branch prison - Marquette--352.1 FTE
positions............................................ 37,630,100
Average population.............................. 1,201
Newberry correctional facility - Newberry--281.9 FTE
positions............................................ 26,846,800
Average population................................ 978
Oaks correctional facility - Eastlake--309.0 FTE
positions............................................ 33,808,200
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--209.9 FTE
positions............................................ 19,361,100
Average population.............................. 1,090
Pugsley correctional facility - Kingsley--218.0 FTE
positions............................................ 20,300,600
Average population.............................. 1,158
Saginaw correctional facility - Freeland--314.8 FTE
positions............................................ 31,177,000
Average population.............................. 1,480
Northern region administration and support--56.0 FTE
positions............................................ 3,622,900
GROSS APPROPRIATION.................................... $ 314,504,100
Appropriated from:
Special revenue funds:
Public works user fees................................. 512,900
State general fund/general purpose..................... $ 313,991,200
Sec. 109. SOUTHEASTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 16,193
Full-time equated classified positions........ 4,017.0
Cooper street correctional facility - Jackson--275.9
FTE positions........................................ $ 28,503,700
Average population.............................. 1,752
G. Robert Cotton correctional facility - Jackson--
405.5 FTE positions.................................. 38,843,000
Average population.............................. 1,854
Charles E. Egeler correctional facility - Jackson--
357.3 FTE positions.................................. 39,222,400
Average population.............................. 1,376
Gus Harrison correctional facility - Adrian--450.7 FTE
positions............................................ 45,323,300
Average population.............................. 2,342
Huron Valley correctional complex - Ypsilanti--651.6
FTE positions........................................ 67,180,900
Average population.............................. 1,872
Macomb correctional facility - New Haven--285.6 FTE
positions............................................ 27,464,000
Average population.............................. 1,228
Maxey/Woodland Center correctional facility - Whitmore
Lake--186.3 FTE positions............................ 15,850,100
Average population................................ 328
Mound correctional facility - Detroit--300.5 FTE
positions............................................ 26,309,100
Average population.............................. 1,051
Parnall correctional facility - Jackson--260.8 FTE
positions............................................ 26,377,800
Average population.............................. 1,712
Ryan correctional facility - Detroit--293.8 FTE
positions............................................ 29,261,000
Average population.............................. 1,059
Thumb correctional facility - Lapeer--288.0 FTE
positions............................................ 29,147,500
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--120.0 FTE positions................... 10,892,600
Average population................................ 400
Southeastern region administration and support--141.0
FTE positions........................................ 21,461,400
GROSS APPROPRIATION.................................... $ 405,836,800
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program........... 1,409,200
Special revenue funds:
Public works user fees................................. 1,295,900
State general fund/general purpose..................... $ 403,131,700
Sec. 110. SOUTHWESTERN REGION CORRECTIONAL
FACILITIES
Average population............................. 16,113
Full-time equated classified positions........ 3,478.3
Bellamy Creek correctional facility - Ionia--399.4 FTE
positions............................................ $ 36,767,300
Average population.............................. 1,850
Earnest C. Brooks correctional facility - Muskegon--
454.2 FTE positions.................................. 45,346,500
Average population.............................. 2,440
Carson City correctional facility - Carson City--459.8
FTE positions........................................ 46,464,800
Average population.............................. 2,440
Richard A. Handlon correctional facility - Ionia--
237.4 FTE positions.................................. 23,238,300
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--306.7 FTE
positions............................................ 29,583,600
Average population................................ 707
Lakeland correctional facility - Coldwater--473.8 FTE
positions............................................ 46,167,900
Average population.............................. 2,392
Michigan reformatory - Ionia--311.1 FTE positions...... 26,179,100
Average population.............................. 1,338
Pine River correctional facility - St. Louis--211.7
FTE positions........................................ 20,713,200
Average population.............................. 1,200
St. Louis correctional facility - St. Louis--524.2 FTE
positions............................................ 50,425,800
Average population.............................. 2,426
Southwestern region administration and support--100.0
FTE positions........................................ 16,706,200
GROSS APPROPRIATION.................................... $ 341,592,700
Appropriated from:
Special revenue funds:
Public works user fees................................. 371,700
State general fund/general purpose..................... $ 341,221,000
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 22,582,000
GROSS APPROPRIATION.................................... $ 22,582,000
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 154,900
Parole and probation oversight fees set-aside.......... 606,300
State general fund/general purpose..................... $ 21,820,800
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 2009-2010 is $1,921,115,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $93,287,000.00. 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................................................... $ 48,783,900
Public service work projects........................... 4,859,800
Community corrections comprehensive plans and services. 12,758,000
Community corrections residential services............. 18,075,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program....................................... 1,740,100
Community re-entry centers............................. 2,019,600
Regional jail program.................................. 100
TOTAL.................................................. $ 88,287,000
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, except for the current effort to privatize and contract
for prisoner mental health services which is necessitated by the
critical need for prisoner mental health treatment staff, 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. In the case of the current
effort to privatize and contract for prisoner mental health
services, the department shall submit a complete project plan to
the appropriate senate and house appropriations committee chairs
and appropriate senate and house appropriations subcommittee chairs
as well as the senate and house fiscal agency and state budget
office 10 days prior to beginning the effort.
Sec. 207a. (1) Before privatizing any services or activities
currently provided by state employees in the department, except for
the privatization of prisoner mental health services which is
necessitated by a critical shortage of mental health professional
staff, 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.
(2) The department shall not commence any efforts to privatize
the services or activities currently provided by state employees
under part 1, except for prisoner mental health services, 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 equivalent
to the savings specified in civil service rules for disbursement
for personal services outside the civil service. Before awarding a
contract for the provision of prisoner mental health treatment
services, a cost-benefit analysis shall be completed as specified
in subsection (1) and submitted to the appropriate senate and house
appropriations committee chairs and appropriate senate and house
appropriations subcommittee chairs as well as the senate and house
fiscal agency and state budget office not less than 7 days prior to
awarding a contract.
(3) In all cases in which a service or activity is privatized,
including the provision of prisoner mental health services, the
private entity shall be adequately bonded, so as not to expose the
state to any potential future liability or legal causes of action.
(4) 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.
(5) 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 comparable
quality American goods or services, or both, that do not cost more
than 5% greater than foreign goods or services are available.
Preference shall be given to produce, goods or services, or both,
grown, processed, manufactured, or provided by Michigan businesses
if they are of comparable quality and do not cost more than 5%
greater than non-Michigan manufactured or provided goods or
services. 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) Individuals seeking employment with the
department shall submit to a controlled substance test administered
by the department under civil service rules and regulations and
applicable collective bargaining agreements.
(2) The department shall deny employment to individuals
seeking employment with the department who violate subsection (1)
or who submit to testing under subsection (1) but test positive for
the illicit use of a controlled substance.
Sec. 211. (1) 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, and union steward activities. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
(2) If a parolee or probationer has been ordered to pay
restitution, the department shall ensure that payment is a
condition of his or her community supervision. Restitution payments
shall be made as provided in section 22 of chapter XV of the code
of criminal procedure, 1927 PA 175, MCL 775.22. The department
shall collect not more than 50% of all money collected from
parolees and probationers for payments other than victim payments,
as that term is defined in section 22 of chapter XV of the code of
criminal procedure, 1927 PA 175, MCL 775.22.
Sec. 213. By February 15, 2010, 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 non-general 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 those revenues were
appropriated. The report shall include statements detailing for
each account the total amount of revenue received during fiscal
year 2008-2009, the amount by which the revenue exceeded any
applicable appropriated fund source, the amount spent during fiscal
year 2008-2009, the account balance at the close of fiscal year
2008-2009, and the projected revenues and expenditures for fiscal
year 2009-2010.
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 department 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 of this
state, out-of-state travel for the fiscal year ending September 30,
2010 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 for similar
reasons.
(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) Not later than January 1, 2010, 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 senate and house standing committees on
appropriations, the senate and house 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. 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 March
1, 2010 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 March 1, 2010, 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 $250,000.00 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 all 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. 230. (1) From the funds appropriated in part 1, the
department shall complete the study required by section 230 of 2008
PA 245. The study shall cover at least 1 county jail in each of the
department's 3 administrative regions within the state and at a
minimum shall be 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). In the process
of study design, development, and implementation, the department
shall assure involvement of and consultation from counties,
sheriffs, prosecutors, victims, and consumer, family, advocacy,
provider, and professional groups concerned with mental health and
justice issues. 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 September 1, 2010, 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 the
information does 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 or private 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.
Sec. 231. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
Sec. 232. By April 1, 2010, the department shall report to the
senate and house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director with a listing of Michigan vendors whose contracts
were canceled or reduced in favor of single-source contracts from
vendors based outside of Michigan. The report shall provide
information for fiscal years 2007-2008 and 2008-2009 and shall
include pertinent contract amounts.
Sec. 233. (1) The negative appropriation for correctional cost
savings in part 1 equates to an $841.00 reduction in the
department's cost per prisoner and shall be satisfied by cost
savings realized through departmental savings and efficiencies
directly or indirectly affecting its cost per offender.
(2) Appropriation authorization adjustments required due to
negative appropriations for correctional cost savings shall be made
only after the approval of transfers by the legislature under
section 393 of the management and budget act, 1984 PA 431, MCL
18.1393.
(3) By March 1, 2010, the department shall report to the
senate and house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on the status of actions taken to meet the savings
identified in this section.
EXECUTIVE
Sec. 301. (1) 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.
(2) Information removed from the offender tracking information
system due to the expiration of 3 years following release of an
offender from the department's jurisdiction shall be retained by
the department and maintained in a password-protected archive.
Effective October 1, 2009, information in the archive shall be made
available upon payment of a fee as determined by the department.
Revenue collected under this section is appropriated for the costs
of the offender tracking information system, and any revenue
collected in excess of the costs of maintaining the offender
tracking information system is appropriated for information
technology costs. The department shall report on March 1, 2010 to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
on the fees charged and revenue collected under this section.
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 March 1, 2010, 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, 2010.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department. The department
shall report semiannually to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director on the suggestions submitted under
this section, the implementation plan for those suggestions with
which the department agrees, and an explanation of any
disagreements with suggestions.
Sec. 305. By March 1, 2010, 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 who committed suicide during the previous
calendar year. To the extent permitted by law, the report shall
include all of the following information:
(a) The prisoner's age, offense, sentence, and admission date.
(b) Each prisoner's facility and unit.
(c) A description of the circumstances of the suicide.
(d) The date of the suicide.
(e) Whether the suicide occurred in a housing unit, a
segregation unit, a mental health unit, or elsewhere on the grounds
of the facility.
(f) Whether the prisoner had been denied parole and the date
of any denial.
(g) Whether the prisoner had received a mental health
evaluation or assessment.
(h) Details on the department's responses to each suicide,
including immediate on-site responses and subsequent internal
investigations.
(i) A description of any monitoring and psychiatric
interventions that had been undertaken prior to the prisoner's
suicide, including any changes in placement or mental health care.
(j) Whether the prisoner had previously attempted suicide.
PLANNING AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates by February 1, 2010 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
repeat offending through the following prisoner reintegration
programming:
(a) The provision of employment or employment services and job
training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful
reintegration.
Sec. 403. By March 1, 2010, the department shall provide a
report on MPRI expenditures and allocations 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 information on both of the
following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and projected expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider.
Sec. 403a. (1) In collaboration with a technical committee
composed of representatives from the department, designees of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the justice center of the
council of state governments, the department shall develop a
performance-based dashboard tracking and reporting system that
establishes key indicators of the success and failure of offenders.
Indicators shall reflect the status of and trends in key program
elements, behavior improvements on the part of offenders, and
whether targeted goals are being met.
(2) By April 1, 2010, the department shall report dashboard
data to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director.
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) 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 March 1, 2010, 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 2008-2009 and projected for fiscal year 2009-
2010. 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 March 1, 2010, 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 success as defined in section 409.
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.
Sec. 407. (1) By June 30, 2010, the department shall place the
2009 statistical report on an Internet site. The statistical report
shall include, but not be limited to, the information as provided
in the 2004 statistical report.
(2) It is the intent of the legislature that starting with
calendar year 2009, the statistical report be placed on an Internet
site within 6 months after the end of each calendar year.
Sec. 408. The department shall measure the repeat offense
rates of offenders using at least a 3-year period following their
release from prison.
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 repeat offending, criminogenic and high-risk behaviors,
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) "Objective risk and needs assessment" means an evaluation
of an offender's criminal history; the offender's noncriminal
history; and any other factors relevant to the risk the offender
would present to the public safety, including, but not limited to,
having demonstrated a pattern of violent behavior, and a criminal
record that indicates a pattern of violent offenses.
(e) "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.
(f) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not likely increase the
risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(g) "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.
(h) "Success" means that an offender has done all of the
following:
(i) Regularly reported to his or her assigned field agent.
(ii) Is participating in or has successfully completed all
required substance abuse, mental health, sex offender, or other
treatment as approved by the field agent.
(iii) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(iv) Obtained housing.
(v) Obtained a state identification card.
(vi) Not sent or returned to prison for the conviction of a new
crime or the revocation of probation or parole.
(vii) Not been sentenced to a jail term for a new criminal
offense.
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 enhance
offender success and that also may 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 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 offender success, 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, which contribute to the success of offenders. 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 use 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.
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.
(f) Data on the use of funding made available under the felony
drunk driver jail reduction and community treatment program.
(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, jail-based probation violation sanctions, 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) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails felons who
otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for housing and custody of convicted felons if the
conviction was for a crime committed 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 1-year total.
(4) The department, the state budget office, the Michigan
association of counties, and the Michigan sheriffs' association
shall, 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.
(5) 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.
(6) 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.
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 March 1, 2010, 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) 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
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(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
March 1, 2010, 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. By March 1, 2010, 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 performance data and
efforts to improve efficiencies relative to departmental staffing,
health care services, food service, prisoner transportation, mental
health care services, and pharmaceutical costs.
Sec. 421. Of the funds appropriated in part 1, $100,000.00 is
appropriated for the purpose of providing an IDG to the MDSP 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.
Sec. 422. It is the intent of the legislature that MPRI
programs as measured by success as identified in section 409 are
maintained as standard operating procedure in the department.
Sec. 424. (1) From the funds appropriated in part 1 for
residential services, the department shall develop and implement,
in collaboration with the judiciary and as approved by the state
court administrative office, a demonstration project based on
evidence-based practices related to judicial and case management
interventions that have been proven to increase public safety for
high-risk, high-need probationers as determined by a validated risk
and need assessment instrument. As used in this section,
"probationer" means a circuit court probationer serving a probation
sentence for a crime.
(2) The demonstration project shall be implemented in 4 areas
of the state identified jointly by the department and the state
court administrative office. Preference shall be given to locations
that are representative of areas with high rates of violent crimes
as described in the council of state governments' justice center
report on analyses of crime, community corrections, and sentencing
policies in this state.
(3) The primary goal of the demonstration project is to reduce
crime and revictimization by high-risk, high-need probationers. The
secondary goal of the demonstration project is to reduce
expenditures for long-term incarceration.
(4) The demonstration project may provide up to 6 months of
residential services, and treatment methods, and interventions that
are evidence-based, including, but not limited to, the following:
(a) Risk/needs assessment.
(b) Motivational techniques.
(c) Type, intensity, and duration of treatment based on each
probationer's risk and needs and delivered consistent with
evidence-based practices.
(5) The department shall implement the evidence-based practice
of collaborative case management and utilize the services of the
department and of local community corrections consistent with the
local comprehensive corrections plan developed under the community
corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(6) The department shall assign a probation officer to the
demonstration project to supervise a specialized caseload for high-
risk, high-need probationers. All probation officers supervising a
specialized caseload under this section shall receive substantial
education and training on issues of substance abuse, mental health,
and drug and alcohol testing.
(7) The probation officer shall work in cooperation with the
local judiciary and the community corrections advisory board in a
collaborative effort toward the goals of promoting probationer
success and reducing crime and revictimization.
(8) The probation officer assigned to the demonstration
project shall comply with supervision requirements established for
the demonstration project by the field operations administration
deputy director.
(9) The department shall identify and coordinate information
for each local jurisdiction selected for the demonstration project
regarding the rate of incarceration of high-risk, high-need
probationers to ensure that appropriate probationers are targeted
for the demonstration project.
(10) From the funds appropriated in part 1 for public
education and training, the department shall collaborate with the
local judiciary, community corrections advisory board, and service
providers to develop and provide appropriate training for all local
stakeholders involved in the demonstration project described in
this section.
(11) From the funds provided to the local jurisdiction for the
demonstration project, the department shall collaborate with the
local judiciary and the community corrections advisory board to
develop and implement an evaluation of the demonstration project
that will show the impact of the project on the arrests,
convictions, technical violations, and commitments to prison of the
demonstration project participants. This evaluation shall be
performed in accordance with department of corrections policy and
procedure on evaluation design in cooperation with the office of
research and planning.
(12) By May 1, 2010, 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 demonstration project prescribed under this section,
including information on all of the following:
(a) Demonstration project locations and participating courts.
(b) The number of probationers participating in the pilot
categorized by location and offense.
(c) Evaluation status and methodology.
(d) Preliminary results, if any.
Sec. 426. It is the intent of the legislature that the
department cooperate with nonprofit agencies to establish recycling
programs for the purpose of employing at-risk youth and offenders
on parole. The programs shall be administered by Michigan-chartered
nonprofit corporations. The nonprofit corporations must have
expertise in recycling and expertise in creating employment
opportunities for parolees.
Sec. 429. It is the intent of the legislature that the
department work with other state departments and agencies to
implement the policy options provided to the state by the council
of state governments in January 2009.
Sec. 430. The department shall ensure that each prisoner has
the opportunity to meet with his or her transition team prior to
release from prison. If applicable, community providers shall enter
the prison to meet with the prisoner prior to release.
Sec. 431. The department shall ensure that prior to release
from prison, each offender has possession of all of the following:
(a) All documents necessary to obtain a state operator's
license or state identification card.
(b) A set of clothing that would be appropriate and suitable
for wearing to an interview for employment.
Sec. 433. The department shall report quarterly on January 1,
2010, April 1, 2010, July 1, 2010, and September 30, 2010 to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the status of any contracts entered into under the June 2009
request for proposals for the re-entry initiative project for
offenders with special needs. The report shall include information
on all of the following:
(a) The number of prisoners and participating parolees in each
of the target population subgroups, including medically fragile,
mentally ill, developmentally disabled, and youthful offenders.
(b) Descriptions of the key services being provided to each
subgroup under the contract or contracts.
(c) Estimates of the average per-offender costs of services
for each target population subgroup under each contract, compared
to the average cost of prison incarceration for those populations.
Sec. 434. (1) The negative appropriation for county jail
reimbursement program savings in part 1 shall be satisfied by
savings realized through departmental savings and efficiencies.
(2) Appropriation authorization adjustments required due to
negative appropriations for county jail reimbursement program
savings shall be made only after the approval of transfers by the
legislature according to section 393 of the management and budget
act, 1984 PA 431, MCL 18.1393.
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 energy, 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 energy, 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. 504. Of the funds appropriated in part 1, $50,000.00 is
appropriated to provide an interdepartmental grant to the judiciary
for use of the judicial data warehouse by department employees.
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. (1) 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
March 1, 2010.
(2) It is the intent of the legislature that the department
maintain a number of field agents sufficient to meet supervision
and workload standards.
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 March 1, 2010, 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 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 March 1, 2010, 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 demonstration project outcome measures.
(d) An evaluation of the kiosk reporting demonstration
project, 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 March 1, 2010
individual reports for the community reentry 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 demonstration 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.
Sec. 613. Subject to the appropriations in part 1, the
department is encouraged to expand the use of continuous remote
alcohol monitors for parolees and probationers who test positive
for alcohol abuse or have alcohol-abuse-related violations of their
community supervision.
Sec. 614. (1) As a condition of probation, community control,
payment plan for the payment of a fine or restitution, or any other
court-ordered supervision, the court may order the posting of a
bond to secure the defendant's appearance at any subsequent court
proceeding or to otherwise enforce the orders of the court. An
appearance bond executed under this section shall be filed with the
court or with the sheriff by a licensed professional bail agent who
shall provide a copy of the bond to the clerk of court.
(2) The court may issue an order to produce the defendant sua
sponte or upon notice by the clerk or the probation officer that
the person has violated the terms of probation, community control,
court-ordered supervision, or other applicable court order. The
court or the clerk of the court shall give the bail agent not less
than 72 hours to bring the defendant before the court. If the bail
agent fails to produce the defendant in court or to the sheriff at
the time noticed by the court or the clerk of court, the appearance
bond required under subsection (1) shall be forfeited according to
the procedures set forth in section 15 of chapter V of the code of
criminal procedure, 1927 PA 175, MCL 765.15. The defendant's
failure to appear shall be the sole grounds for forfeiture of the
appearance bond.
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. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
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.
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 and since October 1, 2009, by
facility.
(2) By March 1, 2010, 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, 2010, 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 March 1,
2010, 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 referred to the local public
health department, by county.
Sec. 811. By February 1, 2010, 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 efforts to implement continuous quality
improvement for prisoner health care. At a minimum, the report
shall identify the processes that were in place before the start of
the fiscal year, the processes undertaken since the beginning of
the fiscal year, and plans for future changes.
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 in order to maintain the process by which
Medicaid benefits are suspended rather than terminated. 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. 902. From the funds appropriated in part 1, the
department shall allocate sufficient funds to develop a
demonstration children's visitation program. The demonstration
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 fee
schedules be maintained at half the rates in effect on September
30, 2008.
(4) The department shall maintain a list of the number of
prisoners available for public works crews at each department
facility, and the number of prisoners necessary to fulfill current
public works contracts at each department facility. The department
shall place the list on a publicly accessible Internet site and
update the list weekly.
(5) It is the intent of the legislature that pay rates for
prisoners classified to public works assignments be increased by 50
cents per day from the rates in effect on September 30, 2009.
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 paroled without a high school
diploma and the number of prisoners paroled without a GED.
(e) 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.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason those prisoners
have not obtained a GED.
Sec. 908. By February 1, 2010, 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 2007-2008 and 2008-2009 who have
a high school diploma or a GED.
Sec. 909. As a condition of expending funds appropriated for
academic/vocational programs under part 1, the department shall by
January 31, 2009 provide a plan to contract with intermediate
school districts for GED and high school diploma programs at
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 the development of the curriculum, how the program
will be administered, how the program will improve employability,
and how the program will be evaluated.
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. (1) From the appropriations in part 1, the
department shall ensure that all prisoner activities shall include
the presence of a sufficient number of correctional officers needed
to maintain the safety and security of the institution.
(2) By March 1, 2010, 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 2009.
(3) The department shall not reduce the ratio of custody
officers to prisoners at any correctional facility below the levels
that existed October 1, 2008. Any correctional facility that
reduces its security level after October 1, 2008 shall not have a
ratio of custody officers to prisoners below that of a comparable
facility. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director if it is unable to
comply with this section. The report shall include all of the
following:
(a) A list of the correctional facilities that reduced their
ratio of custody officers to prisoners in violation of this
subsection.
(b) An explanation of why the department is unable to comply
with this subsection.
(c) A plan to maintain the safety and security of the
facilities or units.
(4) Subsection (3) does not apply to facilities or portions of
facilities that have closed.
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 March 1, 2010 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. 916. The department shall conduct a feasibility study
focusing on the budgetary impact of converting the law library
collections at correctional facilities to an electronic medium. The
department shall report its findings to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director by April 1, 2010.
Sec. 917. From the funds appropriated in part 1, the
department shall allocate sufficient funds to implement evidence-
based demonstration projects that change offenders' behaviors,
values, beliefs, and attitudes toward victims and the community.
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. (1) As a condition of expending funds appropriated
in part 1 for prison food service, the department shall comply with
the provisions of sections 207 and 207a, including, but not limited
to, all of the following criteria:
(a) Providing a complete project plan at least 120 days prior
to issuing a request for proposals or an invitation to bid for all
or a substantial portion of food service, including a contract for
food procurement.
(b) Conducting a preprivatization cost-benefit analysis as
described by section 207a.
(c) Providing a copy of the cost-benefit analysis to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director
before the earliest of the following:
(i) Issuance of a request for proposals or invitation to bid.
(ii) Filing a contract change request with the state
administrative board.
(iii) Entering into a contract for all or a substantial portion
of prison food service.
(2) As a condition of expending funds appropriated in part 1
for prison food service, any contract for prison food service or
prison food procurement shall identify all of the following:
(a) How savings equivalent to the savings specified in civil
service rules for personal services outside the civil service would
be realized.
(b) How the department will comply with the requirements of
sections 209 and 212.
(c) How food quality will be maintained in conjunction with
any cost savings.
(d) The impact on local vendors, growers, and processors,
identified by facility or region, as appropriate, compared to
prior-year purchases.
Sec. 920. The department shall make every effort to operate a
garden or horticultural operation at each correctional facility,
where practical, in order to provide food for correctional
facilities and not-for-profit organizations.
Sec. 921. (1) By April 30, 2010, the department shall report
to the chairs of the senate and house appropriations committees,
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
on the following:
(a) The actual savings realized between October 1, 2009 and
April 1, 2010 as a result of closing correctional facilities and
correctional camps between June 1, 2009 and January 1, 2010,
itemized by correctional facility or correctional camp.
(b) The projected fiscal year 2009-2010 savings by closing
correctional facilities and correctional camps between June 1, 2009
and January 1, 2010, itemized by correctional facility or
correctional camp.
(2) The report in subsection (1) shall include information on
all of the following:
(a) The savings realized or projected to be realized, itemized
by program or type of expenditure.
(b) Any cost of field supervision, field operations programs,
or prisoner reintegration programs related to the closure of
correctional facilities and correctional camps between June 1, 2009
and January 1, 2010.
Sec. 922. It is the intent of the legislature that all
prisoners work 40 hours per week in the correctional facility, as
part of a public works crew or in private enterprise, or
participate in vocational or training programs. Prisoners may be
enrolled in GED or education programs in combination with
employment. Prisoners not employed shall be enrolled in GED or
other educational programs for not less than 20 hours per week.
This section does not apply to prisoners classified in level V or
administrative segregation.
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, 2010,
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, 2010, 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 annual number of prisoners in administrative segregation
between October 1, 2003 and September 30, 2009, and the annual
number of prisoners in administrative segregation between October
1, 2003 and September 30, 2009 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
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. 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 offenders less than 19 years of age who are
committed to the department of corrections in underutilized units
of the W.J. Maxey training school. The facilities shall be used to
house offenders less than 19 years of age who are currently
committed to the department of corrections.
Sec. 928. Funding appropriated in part 1 for consent decree
line items is appropriated into separate control accounts created
for each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 19 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 19 years of age.
(b) Provide appropriate placement for prisoners less than 19
years of age who have serious mental illness or a developmental
disorder and who need to be housed separately from the general
population. Prisoners less than 19 years of age who have serious
mental illness or a developmental disorder shall not be placed in
administrative segregation due to behavior that is symptomatic of
serious mental illness. Under the supervision of a mental health
professional, a prisoner less than 19 years of age 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:
(i) "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.
(ii) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 19 years old for supervised re-
entry.
Sec. 930. The department shall not have a shooting range
located on property east of 3760 Foco Road, Standish, Michigan.
Sec. 931. (1) Included in the annual cost per prisoner are
funds appropriated in part 1 for the following:
(a) Northern, southeastern, and southwestern region
correctional facilities.
(b) Northern, southeastern, and southwestern region
administration and support.
(c) Northern, southeastern, and southwestern region clinical
complexes.
(d) Prisoner health care services.
(e) Health care administration.
(f) Vaccination program.
(g) Prison food service and federal school lunch program.
(h) Transportation.
(i) Inmate legal services.
(j) Correctional facilities administration.
(k) Central records.
(l) DOJ psychiatric plan.
(m) Workers compensation.
(n) New custody staff training.
(o) Housing inmates in federal institutions.
(p) Prison store operations.
(q) Education services and federal education grants.
(r) MPRI education program.
(2) It is the intent of the legislature that the department
reduce the annual cost per prisoner by $841.00 in comparison to the
annual cost per prisoner in fiscal year 2008-2009.