Substitute For
HOUSE BILL NO. 4403
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2022; and to provide for the expenditure of the appropriations.
the people of the state of michigan enact:
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PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the judiciary for the fiscal year ending September 30, 2022, from the following funds:
JUDICIARY |
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APPROPRIATION SUMMARY |
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Full-time equated exempted positions |
539.0 |
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GROSS APPROPRIATION |
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$ |
470,584,300 |
Interdepartmental grant revenues: |
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Total interdepartmental grants and intradepartmental transfers |
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1,652,300 |
ADJUSTED GROSS APPROPRIATION |
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$ |
468,932,000 |
Federal revenues: |
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Total federal revenues |
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6,374,800 |
Special revenue funds: |
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Total local revenues |
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7,619,800 |
Total private revenues |
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1,222,600 |
Total other state restricted revenues |
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93,075,100 |
State general fund/general purpose |
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$ |
360,639,700 |
Sec. 102. SUPREME COURT |
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Full-time equated exempted positions |
250.0 |
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Community dispute resolution--FTEs |
3.0 |
$ |
3,367,700 |
Direct trial court automation support--FTEs |
44.0 |
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7,619,800 |
Drug treatment courts |
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12,483,000 |
Foster care review board--FTEs |
10.0 |
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1,360,400 |
Judicial information systems--FTEs |
24.0 |
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5,626,700 |
Judicial institute--FTEs |
13.0 |
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2,115,400 |
Mental health courts and diversion services--FTE |
1.0 |
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5,571,800 |
Next generation Michigan court system |
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4,116,000 |
Other federal grants |
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275,100 |
State court administrative office--FTEs |
63.0 |
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11,331,000 |
Supreme court administration--FTEs |
92.0 |
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14,164,500 |
Swift and sure sanctions program |
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100 |
Veterans courts |
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1,036,400 |
GROSS APPROPRIATION |
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$ |
69,067,900 |
Appropriated from: |
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Interdepartmental grant revenues: |
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IDG from department of corrections |
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52,300 |
IDG from department of state police |
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1,500,000 |
IDG from department of state police, Michigan justice training fund |
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100,000 |
Federal revenues: |
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DOJ, drug court training and evaluation |
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300,000 |
DOT, National Highway Traffic Safety Administration |
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1,949,300 |
HHS, access and visitation grant |
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496,200 |
HHS, children's justice grant |
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246,000 |
HHS, court improvement project |
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942,700 |
HHS, state opioid response grant |
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350,000 |
HHS, title IV-D child support program |
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836,500 |
HHS, title IV-E foster care program |
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408,800 |
Other federal grant revenues |
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275,100 |
Special revenue funds: |
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Local - user fees |
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7,619,800 |
Private |
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201,100 |
Private - interest on lawyers trust accounts |
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404,100 |
Private - state justice institute |
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529,000 |
Community dispute resolution fund |
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2,403,600 |
Drug court fund |
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1,920,500 |
Justice system fund |
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605,700 |
Law exam fees |
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758,700 |
Miscellaneous revenue |
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161,000 |
State court fund |
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404,100 |
State general fund/general purpose |
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$ |
46,603,400 |
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Sec. 103. COURT OF APPEALS |
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Full-time equated exempted positions |
175.0 |
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Court of appeals operations--FTEs |
175.0 |
$ |
25,094,100 |
GROSS APPROPRIATION |
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$ |
25,094,100 |
Appropriated from: |
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State general fund/general purpose |
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$ |
25,094,100 |
Sec. 104. BRANCHWIDE APPROPRIATIONS |
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Full-time equated exempted positions |
4.0 |
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Branchwide appropriations--FTEs |
4.0 |
$ |
9,010,100 |
GROSS APPROPRIATION |
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$ |
9,010,100 |
Appropriated from: |
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State general fund/general purpose |
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$ |
9,010,100 |
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION |
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Judges positions--586.0 justices and judges |
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Supreme court justices' salaries--7.0 justices |
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$ |
1,270,500 |
Circuit court judges' state base salaries--217.0 judges |
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24,779,800 |
Circuit court judicial salary standardization |
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9,922,100 |
Court of appeals judges' salaries--25.0 judges |
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4,327,300 |
District court judges' state base salaries--234.0 judges |
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26,279,000 |
District court judicial salary standardization |
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10,699,500 |
Probate court judges' state base salaries--103.0 judges |
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11,667,700 |
Probate court judicial salary standardization |
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4,669,600 |
Judges' retirement system defined contributions |
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5,733,600 |
OASI, Social Security |
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6,683,000 |
GROSS APPROPRIATION |
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106,032,100 |
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Appropriated from: |
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Special revenue funds: |
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Court fee fund |
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1,970,800 |
State general fund/general purpose |
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$ |
104,061,300 |
Sec. 106. JUDICIAL AGENCIES |
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Full-time equated exempted positions |
8.0 |
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Judicial tenure commission--FTEs |
8.0 |
$ |
1,583,800 |
GROSS APPROPRIATION |
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$ |
1,583,800 |
Appropriated from: |
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State general fund/general purpose |
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$ |
1,583,800 |
Sec. 107. INDIGENT DEFENSE - CRIMINAL |
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Full-time equated exempted positions |
56.0 |
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Appellate public defender program--FTEs |
56.0 |
$ |
8,982,800 |
GROSS APPROPRIATION |
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$ |
8,982,800 |
Appropriated from: |
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Federal revenues: |
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Other federal grant revenues |
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570,200 |
Special revenue funds: |
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Private - interest on lawyers trust accounts |
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88,400 |
Miscellaneous revenue |
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172,400 |
State general fund/general purpose |
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$ |
8,151,800 |
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE |
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Indigent civil legal assistance |
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$ |
7,937,000 |
GROSS APPROPRIATION |
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$ |
7,937,000 |
Appropriated from: |
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Special revenue funds: |
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State court fund |
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7,937,000 |
State general fund/general purpose |
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0 |
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Sec. 109. MICHIGAN INDIGENT DEFENSE COMMISSION |
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Full-time equated exempted positions |
16.0 |
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Michigan indigent defense commission--FTEs |
16.0 |
$ |
2,699,400 |
Michigan indigent defense commission grants |
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146,917,400 |
GROSS APPROPRIATION |
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$ |
149,616,800 |
Appropriated from: |
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Special revenue funds: |
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Local indigent defense reimbursement |
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300,000 |
State general fund/general purpose |
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149,316,800 |
Sec. 110. TRIAL COURT OPERATIONS |
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Full-time equated exempted positions |
21.0 |
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Court equity fund reimbursements |
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$ |
60,815,700 |
Drug case-flow program |
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250,000 |
Drunk driving case-flow program |
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3,300,000 |
Judicial technology improvement fund |
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4,815,000 |
Juror compensation reimbursement--FTE |
1.0 |
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6,608,000 |
Statewide e-file system--FTEs |
20.0 |
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11,028,300 |
GROSS APPROPRIATION |
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$ |
86,817,000 |
Appropriated from: |
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Special revenue funds: |
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Court equity fund |
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50,440,000 |
Drug fund |
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250,000 |
Drunk driving fund |
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3,300,000 |
Electronic filing fee fund |
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11,028,300 |
Judicial technology improvement fund |
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4,815,000 |
Juror compensation fund |
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6,608,000 |
State general fund/general purpose |
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$ |
10,375,700 |
Sec. 111. ONE-TIME APPROPRIATIONS |
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Full-time equated exempted positions |
9.0 |
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Compliance with Montgomery v Louisiana--FTEs |
7.0 |
$ |
939,100 |
Judicial tenure commission |
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204,000 |
Justice data collection and reporting system |
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4,501,600 |
Justice for all initiative--FTEs |
2.0 |
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798,000 |
GROSS APPROPRIATION |
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$ |
6,442,700 |
Appropriated from: |
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State general fund/general purpose |
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$ |
6,442,700 |
part 2
provisions concerning appropriations
for fiscal year 2021-2022
general sections
Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $453,714,800.00. State spending from state sources to be paid to local units of government under part 1 is $291,623,800.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
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SUPREME COURT |
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Drug treatment courts |
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8,838,000 |
Mental health courts and diversion services |
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5,571,800 |
Next generation Michigan court system |
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4,116,000 |
Swift and sure sanctions program |
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100 |
Veterans courts |
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1,036,400 |
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COURT OF APPEALS |
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Court of appeals operations |
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$ |
200,000 |
JUSTICES' AND JUDGES' COMPENSATION |
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Circuit court judicial salary standardization |
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$ |
9,922,100 |
District court judicial salary standardization |
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10,699,500 |
Probate court judges' state base salaries |
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11,667,700 |
Probate court judicial salary standardization |
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4,669,600 |
OASI, Social Security |
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1,168,200 |
TRIAL COURT OPERATIONS |
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Court equity fund reimbursements |
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$ |
60,815,700 |
Drug case-flow program |
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250,000 |
Drunk driving case-flow program |
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3,300,000 |
Judicial technology improvement fund |
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4,815,000 |
Juror compensation reimbursement |
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6,608,000 |
Statewide e-file system |
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11,028,300 |
MICHIGAN INDIGENT DEFENSE COMMISSION |
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Michigan indigent defense commission grants |
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$ |
146,917,400 |
TOTAL |
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$ |
291,623,800 |
Sec. 202. (1) The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of
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the supreme court.
Sec. 203. As used in this part and part 1:
(a) "DOJ" means the United States Department of Justice.
(b) "DOT" means the United States Department of Transportation.
(c) "FTE" means full-time equated.
(d) "HHS" means the United States Department of Health and Human Services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
(g) "SADO" means the state appellate defender office created under the appellate defender act, 1978 PA 620, MCL 780.711 to 780.719.
(h) "Title IV-D" means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the child support enforcement program.
(i) "Title IV-E" means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the foster care program.
Sec. 204. The reporting requirements of this part shall be completed with the approval of, and at the direction of, the supreme court, except as otherwise provided in this part. The judicial branch shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via electronic mail to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or
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services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 207. Not later than January 1 of each year, the state court administrative office shall prepare a report on out-of-state travel listing all travel by judicial branch employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the budget for the judicial branch. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) 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.
Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major program or program areas. The report shall be transmitted to the chairpersons of the senate and house
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appropriations committees and the senate and house fiscal agencies.
Sec. 211. From the funds appropriated in part 1, the judicial branch shall maintain a searchable website accessible by the public at no cost that includes all expenditures made by the judicial branch within a fiscal year. The posting shall include the purpose for which each expenditure is made. The judicial branch shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that financial information.
Sec. 212. Within 14 days after the release of the executive budget recommendation, the judicial branch shall cooperate with the state budget office to provide the senate and house appropriations committee chairs, the senate and house appropriations subcommittee chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.
Sec. 213. The judiciary shall maintain, on a publicly accessible website, a scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the judiciary's performance.
Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $14,001,700.00. From this amount, total judiciary appropriations for pension-related legacy costs are estimated at $7,844,500.00. Total judiciary appropriations for retiree health care legacy costs are estimated at $6,157,200.00.
Sec. 215. The judicial branch shall not take disciplinary
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action against an employee for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the judicial branch is exercising its authority as provided by law.
Sec. 219. The judicial branch shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The judicial branch may electronically retain copies of reports unless otherwise required by federal and state guidelines.
JUDICIAL BRANCH
Sec. 301. From the funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service, including development of future versions of case management systems.
Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for costs associated with the court of claims.
Sec. 304. A member of the legislature may request a report or data from the data collected in the judicial data warehouse. The report shall be made available to the public upon request, unless
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disclosure is prohibited by court order or state or federal law. Any data provided under this section shall be public and non-identifying information.
Sec. 305. From the funds appropriated in part 1 for community dispute resolution, community dispute resolution centers shall provide dispute resolution services specified in the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, and shall help to reduce suspensions and truancy, and improve school climate. Funding appropriated in part 1 for community dispute resolution may be used to develop or expand juvenile diversion services in cooperation with local prosecutors. Participation in the dispute resolution processes is voluntary for all parties.
Sec. 307. From the funds appropriated in part 1 for mental health courts and diversion services, $1,730,000.00 is intended to address the recommendations of the mental health diversion council.
Sec. 308. If sufficient funds are not available from the court fee fund to pay judges' compensation, the difference between the appropriated amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges' compensation. If an appropriation is made under this section, the state court administrative office shall notify, within 14 days of the appropriation, the senate and house standing committees on appropriations, the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office.
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information on the number of each type of program that has been established, the number of program participants in each jurisdiction, the impact of the programs on offender criminal involvement and recidivism, and an accounting of prior year expenditures, including grant amounts requested by the courts, grant amounts awarded to the courts, and grant amounts expended by the courts. The report shall be submitted to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office.
Sec. 310. (1) From the funds appropriated in part 1 for problem solving courts, $100,000.00 shall be used by the state court administrative office for a program in a veterans treatment court or a mental health treatment court, or both, that investigates the effectiveness of oral fluid testing to determine compliance with required mental health medicine prescriptions or requirements.
(2) By April 1, the state court administrative office shall provide a report on the oral fluid testing programs established in this state. The report shall include information on the number of programs established, the number of program participants in each jurisdiction, and the impact of the programs on offender criminal involvement and recidivism. The report shall be submitted to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office.
Sec. 311. (1) The funds appropriated in part 1 for drug treatment courts as that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be administered by the state court administrative office to operate drug treatment court programs. A drug treatment court shall be
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responsible for handling cases involving substance abusing nonviolent offenders through comprehensive supervision, testing, treatment services, and immediate sanctions and incentives. A drug treatment court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorneys, defense attorneys, and community corrections providers. The funds may be used in connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the Michigan judicial institute to provide in-state training for those identified in subsection (1), including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for priority may be given to those courts where higher instances of substance abuse cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as an interdepartmental grant from the department of state police to be used for expansion of drug treatment courts, to assist in avoiding prison bed space growth for nonviolent offenders in collaboration with the department of corrections.
Sec. 312. From the funds appropriated in part 1, the state court administrator shall produce a statistical report regarding the implementation of the parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908, as it pertains to minors seeking court-issued waivers of parental consent. The state court administrative office shall report the total number of petitions filed and the total number of petitions granted under that act.
Sec. 317. Funds appropriated in part 1 shall not be used for
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the permanent assignment of state-owned vehicles to justices or judges or any other judicial branch employee. This section does not preclude the use of state-owned motor pool vehicles for state business in accordance with approved guidelines.
Sec. 321. From the funds appropriated in part 1, the judicial branch shall support a statewide legal self-help internet website and local nonprofit self-help centers that use the statewide website to provide assistance to individuals representing themselves in civil legal proceedings. The state court administrative office shall summarize the costs of maintaining the website, provide statistics on the number of people visiting the website, and provide information on content usage, form completion, and user feedback. By March 1, the state court administrative office shall report this information for the preceding fiscal year to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office.
Sec. 322. If Byrne formula grant funding is awarded to the state appellate defender in excess of the amount appropriated in part 1, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. If the appellate defender appointed under section 3 of the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant funding from the United States Department of Justice in excess of the amount appropriated in part 1, the office of appellate defender may receive and expend grant funds in an amount not to exceed $300,000.00 as other federal grants.
Sec. 324. From the funds appropriated in part 1 for the medication-assisted treatment program, the judiciary shall maintain
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a medication-assisted treatment program to provide treatment for opioid-addicted and alcohol-addicted individuals who are referred to and voluntarily participate in the medication-assisted treatment program.
MICHIGAN INDIGENT DEFENSE COMMISSION
Sec. 351. The Michigan indigent defense commission shall not award a grant under this act to an indigent defense system for the construction of a new infrastructure project.
Sec. 352. An indigent defense system shall not expend money from a grant awarded under this act for the construction of a new infrastructure project.
Sec. 353. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants.
Sec. 354. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office on the incremental costs associated with the standard development process, the compliance plan process, and the collection of data from all indigent defense systems and attorneys providing indigent
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defense. Particular emphasis shall be placed on those costs that may be avoided after standards are developed and compliance plans are in place.
ONE-TIME APPROPRIATIONS
Sec. 402. (1) From the funds appropriated in part 1, the state appellate defender office attorneys and support staff shall ensure Michigan compliance with Montgomery v Louisiana, 577 US _____ (2016). The purpose of the program is to ensure competent, resourced, and supervised counsel in cases involving the resentencing of juvenile lifers. The representation by SADO counsel will create opportunities for release, saving prison costs for the state.
(2) The state appellate defender office shall submit a report by September 30 to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office on the number of juvenile lifer cases investigated and prepared by the state appellate defender office. The report shall include a calculation of hours spent and focus on incremental costs associated with investigating and conducting a robust examination of each case, with particular emphasis on those costs that may be avoided after the cases have been disposed.
Sec. 403. (1) From the funds appropriated in part 1 for a justice data collection and reporting system, the state court administrative office shall enter into a contract with a vendor to establish a justice data collection and reporting system.
(2) The justice data collection and reporting system established under subsection (1) must do all of the following:
(a) Provide uniform collection, record, and reporting of data
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for all of the following:
(i) A criminal case from arrest through disposition and completion of a sentence, as applicable, including, but not limited to, a sentence of probation.
(ii) A juvenile justice system case, including, but not limited to, a disposition involving probation.
(iii) A case involving neglect or abuse of a child.
(iv) A civil case.
(b) Integrate with financial and other systems utilized by departments and agencies of this state and units of local government, including, but not limited to, the department of state police and other law enforcement agencies, prosecuting attorneys, and courts.
(c) Provide storage of the following information and data that may be accessed by approved users in real time, including, but not limited to, prosecutors, judges, law enforcement officers, and jail administrators:
(i) Data entered for the following events:
(A) Arrest and jail booking.
(B) Authorizations for a criminal charge or filing of a petition, as applicable.
(C) Sentencing.
(D) Probable cause findings following a preliminary examination, transfer, removal, and remand.
(ii) The name and address of each individual entered into a system that is capable of aggregating data for statistical purposes.
(iii) Restitution owed and remaining as to each defendant or juvenile.
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(iv) Case entries for juvenile justice system cases, including cases placed on the consent calendar.
(d) Perform alias and phonetic name searches.
(e) Provide real-time updates of record changes to approved users, including, but not limited to, prosecutors, judges, law enforcement officers, and jail administrators.
(3) By September 30, the state court administrative office shall submit a report on the following to the senate and house committees on appropriations, the senate and house subcommittees on judiciary, the senate and house subcommittees on corrections, and the senate and house fiscal agencies:
(a) An analysis of individuals who have multiple data entries under subsection (2), including, but not limited to, demographic information; restitution owed; restitution aging; fees, fines, and court costs owed; and fees, fines, and court costs aging.
(b) The extent the justice data collection and reporting system has improved overall system performance by decreasing the duplication of data.
(c) How the justice data collection and reporting system is tracking individuals who have entries from a juvenile justice system case or a case that involved abuse or neglect of the individual as a child, and who are subsequently involved in a criminal case.
(4) Any unexpended funds for the justice data collection and reporting system are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the
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management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to establish a justice data collection and reporting system.
(b) The project will be accomplished by the judicial branch and by contracts.
(c) The estimated cost of this project is $4,501,600.00.
(d) The tentative completion date for this work project is September 30, 2026.