Bill Text: MI SB0764 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of corrections; provide for fiscal year 2014-2015. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-12 - For Final Disposition Of Budget, See Hb 5313 [SB0764 Detail]
Download: Michigan-2013-SB0764-Engrossed.html
SB-0764, As Passed Senate, May 8, 2014
SUBSTITUTE FOR
SENATE BILL NO. 764
A bill to make appropriations for the department of
corrections for the fiscal year ending September 30, 2015; and to
provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2015, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average Michigan population.................... 44,997
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 14,070.8
Senate Bill No. 764 as amended May 8, 2014
GROSS APPROPRIATION.................................... $ <2,025,901,600>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 225,000
ADJUSTED GROSS APPROPRIATION........................... $ <2,025,676,600>
Federal revenues:
Total federal revenues................................. 4,832,200
Special revenue funds:
Total local revenues................................... 8,547,700
Total private revenues................................. 0
Total other state restricted revenues.................. 39,720,900
State general fund/general purpose..................... $ <1,972,575,800>
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions........... 13.0
Unclassified positions--16.0 FTE positions............. $ 1,713,100
Executive direction--13.0 FTE positions................ 3,112,900
GROSS APPROPRIATION.................................... $ 4,826,000
Appropriated from:
State general fund/general purpose..................... $ 4,826,000
Sec. 103. PRISONER RE-ENTRY AND COMMUNITY SUPPORT
Prisoner re-entry local service providers.............. $ 13,261,500
Prisoner re-entry MDOC programs........................ 10,204,600
Prisoner re-entry federal grants....................... 250,000
Public safety initiative............................... 4,500,000
Mental health diversion - pilot........................ 1,000,000
Goodwill flip the script............................... 4,500,000
GROSS APPROPRIATION.................................... $ 33,716,100
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 250,000
State general fund/general purpose..................... $ 33,466,100
Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION
Full-time equated classified positions.......... 173.0
Budget and operations administration--173.0 FTE
positions............................................ $ 20,489,600
New custody staff training............................. 9,075,800
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 17,826,300
Rent................................................... 2,317,400
Equipment and special maintenance...................... 7,358,600
Administrative hearings officers....................... 3,147,100
Judicial data warehouse user fees...................... 17,500
Sheriffs' coordinating and training office............. 100,000
Prosecutorial and detainer expenses.................... 5,150,000
County jail reimbursement program...................... 14,128,100
GROSS APPROPRIATION.................................... $ 79,610,500
Appropriated from:
Interdepartmental grant revenues:
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Special equipment fund................................. 5,800,000
Local corrections officer training fund................ 100,000
Correctional industries revolving fund................. 602,600
State general fund/general purpose..................... $ 67,207,900
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 1,954.3
Field operations--1,821.9 FTE positions................ $ 200,674,100
Parole board operations--41.0 FTE positions............ 4,719,000
Parole/probation services.............................. 940,000
Community re-entry centers--12.4 FTE positions......... 8,085,600
Electronic monitoring center--56.0 FTE positions....... 13,147,600
Community corrections administration--6.0 FTE
positions............................................ 392,600
Substance abuse testing and treatment services--17.0
FTE positions........................................ 20,811,700
Residential services................................... 14,985,400
Community corrections comprehensive plans and services. 11,562,700
Felony drunk driver jail reduction and community
treatment program.................................... 1,020,100
Interdepartmental grant to the department of human
services for swift and sure.......................... 3,000,000
GROSS APPROPRIATION.................................... $ 279,338,800
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 185,400
Special revenue funds:
Local - community tether program reimbursement......... 201,300
Re-entry center offender reimbursements................ 23,900
Parole and probation oversight fees.................... 4,341,500
Parole and probation oversight fees set-aside.......... 1,361,300
Senate Bill No. 764 as amended May 8, 2014
Tether program participant contributions............... 2,432,100
State general fund/general purpose..................... $ 270,793,300
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions.......... 683.9
Correctional facilities administration--45.0 FTE
positions............................................ $ 10,776,700
Prison food service.................................... 52,551,100
Transportation--210.0 FTE positions.................... 25,605,600
Central records--53.0 FTE positions.................... 5,602,800
Inmate legal services.................................. 790,900
Loans to parolees...................................... 20,000
Housing inmates in federal institutions................ 492,800
Prison store operations--63.0 FTE positions............ 5,657,600
Prison industries operations--61.5 FTE positions....... 6,148,700
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 4,903,900
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
<<Inmate housing fund.................................. 100>>
Education program--251.4 FTE positions................. 31,978,300
GROSS APPROPRIATION.................................... $ <<146,341,400>>
Appropriated from:
Interdepartmental grant revenues:
IDG-MDHS, Maxey/Woodland Center food service........... 225,000
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DED-OESE, title I...................................... 404,900
Senate Bill No. 764 as amended May 8, 2014
DED-OVAE, adult education.............................. 354,300
DED-OSERS.............................................. 115,500
DED, vocational education equipment.................... 152,600
DED, youthful offender/Specter grant................... 202,400
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ, prison rape elimination act grant................. 660,400
SSA-SSI, incentive payment............................. 268,400
Special revenue funds:
Public works user fees................................. 1,000,000
Resident stores........................................ 5,657,600
Correctional industries revolving funds................ 6,148,700
State general fund/general purpose..................... $ <<129,927,800>>
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,460.9
Health care administration--20.0 FTE positions......... $ 2,998,900
Prisoner health care services.......................... 75,178,000
Vaccination program.................................... 691,200
Interdepartmental grant to human services,
eligibility specialists.............................. 100,000
Mental health services and support--363.0 FTE
positions............................................ 58,776,200
Clinical complexes--1,077.9 FTE positions.............. 144,127,500
GROSS APPROPRIATION.................................... $ 281,871,800
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 253,200
State general fund/general purpose..................... $ 281,618,600
Sec. 108. NORTHERN CORRECTIONAL FACILITIES
Average population............................. 20,731
Full-time equated classified positions........ 4,214.7
Alger correctional facility - Munising--261.2 FTE
positions............................................ $ 31,534,100
Average population................................ 889
Baraga correctional facility - Baraga--295.8 FTE
positions............................................ 34,929,100
Average population................................ 884
Earnest C. Brooks correctional facility -
Muskegon--444.7 FTE positions........................ 50,631,100
Average population.............................. 2,512
Chippewa correctional facility - Kincheloe--435.1
FTE positions........................................ 48,955,700
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--323.8 FTE
positions............................................ 37,776,300
Average population.............................. 1,799
Marquette branch prison - Marquette--321.7 FTE
positions............................................ 39,485,000
Average population.............................. 1,201
Muskegon correctional facility - Muskegon--202.5 FTE
positions............................................ 23,557,600
Average population.............................. 1,338
Newberry correctional facility - Newberry--201.1 FTE
positions............................................ 23,957,000
Average population................................ 978
Oaks correctional facility - Eastlake--291.4 FTE
positions............................................ 34,047,800
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--202.1 FTE
positions............................................ 22,866,500
Average population.............................. 1,090
Central Michigan correctional facility - St.
Louis--391.6 FTE positions........................... 46,184,100
Average population.............................. 2,554
Pugsley correctional facility - Kingsley--210.9 FTE
positions............................................ 24,539,700
Average population.............................. 1,342
Saginaw correctional facility - Freeland--275.9 FTE
positions............................................ 32,622,200
Average population.............................. 1,480
St. Louis correctional facility - St. Louis--310.9
FTE positions........................................ 36,658,100
Average population.............................. 1,226
Northern region administration and support--46.0 FTE
positions............................................ 4,297,300
GROSS APPROPRIATION.................................... $ 492,041,600
Appropriated from:
State general fund/general purpose..................... $ 492,041,600
Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 24,266
Full-time equated classified positions........ 5,571.0
Bellamy Creek correctional facility - Ionia--390.2
FTE positions........................................ $ 43,841,500
Average population.............................. 1,850
Carson City correctional facility - Carson
City--424.4 FTE positions............................ 47,437,400
Average population.............................. 2,440
Cooper Street correctional facility - Jackson--260.1
FTE positions........................................ 28,684,500
Average population.............................. 1,799
G. Robert Cotton correctional facility -
Jackson--392.9 FTE positions......................... 43,830,500
Average population.............................. 1,841
Charles E. Egeler correctional facility -
Jackson--372.7 FTE positions......................... 45,096,700
Average population.............................. 1,376
Richard A. Handlon correctional facility -
Ionia--246.4 FTE positions........................... 28,865,900
Average population.............................. 1,373
Gus Harrison correctional facility - Adrian--444.1
FTE positions........................................ 49,731,100
Average population.............................. 2,342
Women's Huron Valley correctional complex -
Ypsilanti--502.9 FTE positions....................... 59,685,800
Average population.............................. 1,872
Ionia correctional facility - Ionia--287.8 FTE
positions............................................ 33,672,500
Average population................................ 654
Lakeland correctional facility - Coldwater--275.2
FTE positions........................................ 32,714,800
Average population.............................. 1,336
Macomb correctional facility - New Haven--297.0 FTE
positions............................................ 34,498,700
Average population.............................. 1,376
Woodland correctional facility - Whitmore
Lake--285.4 FTE positions............................ 33,091,700
Average population................................ 328
Michigan reformatory - Ionia--310.7 FTE positions...... 34,419,200
Average population.............................. 1,338
Parnall correctional facility - Jackson--259.5 FTE
positions............................................ 28,449,100
Average population.............................. 1,678
Thumb correctional facility - Lapeer--284.4 FTE
positions............................................ 33,215,200
Average population.............................. 1,219
Special alternative incarceration program - Cassidy
Lake--119.0 FTE positions............................ 14,480,900
Average population................................ 400
Southern region administration and support--139.0
FTE positions........................................ 17,362,400
Ionia and Jackson area utilities....................... 8,579,600
Detroit detention center--63.1 FTE positions........... 8,346,400
City of Detroit re-entry center--216.2 FTE positions... 26,149,300
Average population.............................. 1,044
GROSS APPROPRIATION.................................... $ 652,153,200
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 1,014,500
Local revenues......................................... 8,346,400
State restricted revenues and reimbursements........... 100,000
State general fund/general purpose..................... $ 642,692,300
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 24,561,600
GROSS APPROPRIATION.................................... $ 24,561,600
Appropriated from:
State general fund/general purpose..................... $ 24,561,600
Sec. 111. CAPITAL OUTLAY
Capital outlay......................................... $ 6,000,000
GROSS APPROPRIATION.................................... $ 6,000,000
Appropriated from:
Special revenue funds:
Special equipment fund................................. 6,000,000
State general fund/general purpose..................... $ 0
Sec. 112. ONE-TIME BASIS ONLY APPROPRIATIONS
Final Neal, et al. settlement payment.................. $ 25,000,000
Field operations enhancement cost...................... 440,600
GROSS APPROPRIATION.................................... $ 25,440,600
Appropriated from:
State general fund/general purpose..................... $ 25,440,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
Senate Bill No. 764 as amended May 8, 2014
FOR FISCAL YEAR 2014-2015
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 2014-2015 is <<$2,012,296,700.00>> and
state spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $107,334,900.00. 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...................................... $ 60,543,300
Community corrections comprehensive plans
and services......................................... 12,158,000
Residential services................................... 14,985,400
County jail reimbursement program...................... 14,128,100
Felony drunk driver jail reduction and
community treatment program.......................... 1,020,100
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 107,334,900
Sec. 202. 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.
Sec. 203. As used in this part:
(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) "Cost per prisoner" means the sum total of the funds
appropriated under part 1 for the following, divided by the
projected prisoner population in fiscal year 2014-2015:
(i) Northern and southern region correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Northern and southern region clinical complexes.
(iv) Prisoner health care services.
(v) Health care administration.
(vi) Vaccination program.
(vii) Prison food service and federal school lunch program.
(viii) Transportation.
(ix) Inmate legal services.
(x) Correctional facilities administration.
(xi) Central records.
(xii) DOJ psychiatric plan.
(xiii) Worker's compensation.
(xiv) New custody staff training.
(xv) Prison store operations.
(xvi) Education services and federal education grants.
(xvii) Education program.
(c) "DAG" means the United States department of agriculture.
(d) "DAG-FNS" means the DAG food and nutrition service.
(e) "DED" means the United States department of education.
(f) "DED-OESE" means the DED office of elementary and
secondary education.
(g) "DED-OSERS" means the DED office of special education and
rehabilitative services.
(h) "DED-OVAE" means the DED office of vocational and adult
education.
(i) "Department" or "MDOC" means the Michigan department of
corrections.
(j) "DOJ" means the United States department of justice.
(k) "DOJ-BOP" means the DOJ bureau of prisons.
(l) "DOJ-OJP" means the DOJ office of justice programs.
(m) "Evidence-based practices" or "EBP" means a decision-
making process that integrates the best available research,
clinician expertise, and client characteristics.
(n) "FTE" means full-time equated.
(o) "GED" means general educational development certificate.
(p) "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.
(q) "GPS" means global positioning system.
(r) "HIV" means human immunodeficiency virus.
(s) "H.I.R.E." means helping individuals return to employment.
(t) "IDG" means interdepartmental grant.
(u) "IDT" means intradepartmental transfer.
(v) "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.
(w) "MDCH" means the Michigan department of community health.
(x) "MDHS" means the Michigan department of human services.
(y) "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.
(z) "MDSP" means the Michigan department of state police.
(aa) "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.
(bb) "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.
(cc) "Offender success" means that an offender has, with the
support of the community, intervention of the field agent, and
benefit of any participation in programs and treatment, made an
adjustment while at liberty in the community such that he or she
has not been sentenced to or returned to prison for the conviction
of a new crime or the revocation of probation or parole.
(dd) "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.
(ee) "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.
(ff) "Programmatic success" means that the department program
or initiative has ensured that the offender has accomplished all of
the following:
(i) Obtained employment, has enrolled or participated in a
program of education or job training, or has investigated all bona
fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(gg) "Recidivism" means the return of an individual to prison
within 3 years after he or she is released either with a new
sentence to prison or as a technical violator of parole conditions.
(hh) "RSAT" means residential substance abuse treatment.
(ii) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
Senate Bill No. 764 as amended May 8, 2014
(jj) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(kk) "SSA" means the United States social security
administration.
(ll) "SSA-SSI" means SSA supplemental security income.
Sec. 204. (1) It is the intent of the legislature that annual
financial savings from the department's budget appropriation are
invested in the following areas: early childhood education, K-12
education,
higher education, <<and>> local law enforcement entities
through revenue sharing<<, and roads>>.
(2) It is the intent of the legislature that the investments
outlined in subsection (1) from savings found in the department's
budget are utilized in order to reduce high crime rates in the
state.
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. State employees shall be given 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 article. 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.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should 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. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, and public works programs and
services provided to local units of government. The revenues and
fees collected are appropriated for all expenses associated with
these services and activities.
Sec. 212. On a quarterly basis, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, and the senate and house fiscal agencies. This report
shall include a detailed accounting of the long-term vacancies that
exist within each department. As used in this subsection, "long-
term vacancy" means any full-time equated position that has not
been filled at any time during the past 24 calendar months.
Sec. 214. The department 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 department may electronically retain copies of
reports unless otherwise required by federal and state guidelines.
Sec. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of 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 house and senate standing committees on
appropriations, the legislative corrections ombudsman, the house
and senate fiscal agencies, and the state budget director. The
report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total 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. 219. The department shall submit a report to the house
and senate appropriations subcommittees on corrections, the house
and senate fiscal agencies, the legislative corrections ombudsman,
and the state budget director by February 1 outlining revenues and
expenditures from special equipment funds. The report shall include
all of the following:
(a) A list of all individual projects and purchases financed
with special equipment funds in the immediately preceding fiscal
year, the amounts expended on each project or purchase, and the
name of each vendor the products or services were purchased from.
(b) A list of planned projects and purchases to be financed
with special equipment funds during the current fiscal year, the
amounts to be expended on each project or purchase, and the name of
each vendor for which the products or services were purchased.
(c) A review of projects and purchases planned for future
fiscal years from special equipment funds.
Sec. 220. 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 fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
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 article 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 article 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
article 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
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
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
fiscal years ending September 30, 2014 and September 30, 2015.
Sec. 230. Funds appropriated in part 1 shall not be used by
the department 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
outside services that the attorney general authorizes.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 232. The department shall issue a report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the legislative corrections
ombudsman by October 1 that includes the security levels of all
prisoners who were classified as past their earliest release date
as of March 1 of the prior fiscal year.
Sec. 238. It is the intent of the legislature that the
department make additional efforts to sell, rent, or otherwise
repurpose closed correctional facilities.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of
not more than 1 supervisor for each 8 employees at the department's
central office in Lansing and at both the northern and southern
region administration offices.
Sec. 246. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 are $351,595,400.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$196,513,200.00. Total agency appropriations for retiree health
care legacy costs are estimated at $155,082,200.00.
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 303. The department shall not implement any formal or
informal policy that would delay or otherwise affect the ability of
the legislative corrections ombudsman to conduct investigations,
access records, facilities, or prisoners, or otherwise carry out
the responsibilities of the legislative corrections ombudsman
office under 1975 PA 46, MCL 4.351 to 4.364.
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.
Sec. 305. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, 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) Details on the department's responses to each suicide,
including immediate on-site responses and subsequent internal
investigations.
(h) 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.
(i) Whether the prisoner had previously attempted suicide.
PRISONER RE-ENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget to the senate and house appropriations
subcommittees on corrections, the legislative corrections
ombudsman, 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. (1) It is the intent of the legislature that the
funds appropriated in part 1 for prisoner re-entry programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner re-entry
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.
(2) By March 1, the department shall provide a report on
prisoner re-entry expenditures and allocations to the members of
the senate and house appropriations subcommittees on corrections,
the legislative corrections ombudsman, 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 planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
Sec. 403. (1) The department shall undertake a request for
proposal to institute a LEAN process in determining ways to reduce
the backlog for programming for prisoners who are within 6 months
of their earliest release date (ERD). The programming that the LEAN
process shall prioritize is: Violence Prevention Programming (VPP),
Sex Offender Programming (SOP), and Thinking For Change.
(2) The LEAN process shall also look into ways of instituting
LEAN principles which may lead to the elimination of the backlog
for ERD prisoners from continuing to occur.
(3) Not later than 1 month after completion of a LEAN process
evaluation, the department shall provide a report to the senate and
house appropriations subcommittees on the department budget, the
legislative corrections ombudsman, and the senate and house fiscal
agencies detailing the outcomes of the LEAN process, the
department's progress in achieving the reduction in providing
programming, and the department's plan for implementing efficiency
standards identified in the LEAN process throughout the department.
Sec. 404. (1) The department may hire additional staff on a
temporary basis to assist with instituting LEAN process principles,
as identified in section 403. The temporary staff shall be hired to
provide programming if the number of prisoners who are past their
earliest release date and have not received programming is
backlogged more than 50 prisoners in the entire department facility
system. The temporary staff shall be retained until the backlog has
dropped below 50 prisoners for 2 consecutive months throughout the
department facility system.
(2) The role of the temporary staff shall be to provide
necessary programming for those individuals who are past their
earliest release date.
(3) The financial savings provided through the reduction of
past earliest release date prisoners, as identified through the
LEAN process undertaken by the department, shall be directed for
the use of hiring the additional temporary staff.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, 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 success and programmatic
success as those terms are defined in section 203.
Sec. 406. From the funds appropriated in part 1 to Michigan
rehabilitative services, the department shall provide an
interdepartmental grant to the department of human services to
expand the swift and sure sanctions probation program through
Michigan rehabilitative services. The department shall allocate not
less than $3,000,000.00 for the purpose described in this section
and shall establish an interagency agreement with the department of
human services and judicial branch to carry out this purpose. These
funds shall be used to assist individuals who have a history of
probation and parole violations, who have exceptional mental health
needs, and who meet the profile of the current customer base of
Michigan rehabilitative services and shall not be used for
individuals who are currently incarcerated.
Sec. 407. (1) By June 30, the department shall place the
statistical report from the immediately preceding calendar year 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 2010, 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 recidivism rates of
offenders.
Sec. 409. (1) The department shall engage with the Michigan
Works! Association to coordinate services and shall use
appropriations provided in part 1 for re-entry and vocational
education programs designed through collaboration with Michigan's
workforce development system. The department shall ensure that the
collaboration provides relevant professional development
opportunities to prisoners to ensure that the programs are high
quality, demand driven, locally receptive, and responsive to the
needs of communities where the prisoners are expected to reside
after their release from correctional facilities. The programs
shall begin upon the intake of the prisoner into a department
facility.
(2) It is the intent of the legislature that the workforce
development programming continue through the entire duration of the
prisoner's incarceration to encourage employment upon release.
(3) By March 1, 2015, the department shall provide a report to
the senate and house appropriations subcommittees on the department
budget, the legislative corrections ombudsman, and the senate and
house fiscal agencies detailing the results of the workforce
development program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the
development through technical assistance grants, implementation,
and operation of community corrections programs that 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 likely
be sentenced to imprisonment, 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.
(f) Contribute to offender success, as that term is defined in
section 203.
(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 for
nonaccredited facilities, or of not more than $48.50 for facilities
that have been accredited by the American corrections association
or a similar organization as approved by the department.
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, that 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 legislative corrections ombudsman, 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, by prior record variable score, by 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 all state-
required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
necessary 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 certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff 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 or a nonperson crime in crime class F 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 under the sentencing guidelines described in
subdivision (a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this subsection shall be $60.00
per diem per diverted offender for offenders with a presumptive
prison guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) As used in this subsection:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
(5) 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. By October 15 of the current fiscal
year, the department shall distribute the documentation
requirements to all counties.
Sec. 416. Allowable uses of the felony drunk driver jail
reduction and community treatment program 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.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the legislative corrections ombudsman, 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 collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDCH to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the legislative corrections ombudsman, 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 legislative corrections ombudsman, 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, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house judiciary committees, the legislative corrections
ombudsman, 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. From the funds appropriated in part 1 for jail
mental health transition pilot program, $1,000,000.00 is intended
to address the recommendations of the mental health diversion
council.
Sec. 431. Upon offender request, the department shall ensure
that prior to release from prison, each offender has possession of
a set of clothing that would be appropriate and suitable for
wearing to an interview for employment.
Sec. 434. The department shall explore opportunities to
collaborate with Michigan colleges and universities on establishing
programs that will employ parolees in agricultural settings.
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. If as a result of the appropriations in part 1, the
department changes the procurement process for items currently
produced and manufactured by the department or by prisoners
currently housed in the department's facilities, then by October 1,
the department shall issue a report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the legislative corrections ombudsman
detailing those items which will no longer be procured or produced
through the internal or prisoner produced production of goods.
Sec. 504. (1) The department shall conduct a workgroup in
conjunction with the department of community health, the state
transportation department, the department of human services, the
strategic fund in the department of treasury, and members from both
the senate and house of representatives to determine how the state
can maximize its services and funding for transportation for low-
income, elderly, and disabled individuals through consolidating all
of the current transportation services for these populations under
1 department.
(2) The department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, the senate and house policy offices, and
the state budget office by March 1 of the current fiscal year a
report on the findings of the workgroup on the items described in
subsection (1).
Sec. 505. The department shall provide for the training of 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.
Sec. 507. By October 1, the department shall provide a report
to the senate and house appropriations subcommittees on the
department budget, the legislative corrections ombudsman, and the
senate and house fiscal agencies detailing all misconduct and stop
orders issued to employees of the department and those employed
through contracts the department has with outside vendors.
Sec. 508. (1) The department shall analyze the current
condition of each of the correctional facilities it owns or
operates. The analysis shall create criteria to analyze the
strengths and weaknesses of the facility in relation to the safety
and security of the facility, and shall assign each facility into a
grouping based on the overall condition as follows: green
(satisfactory), yellow (needs improvement), or red (serious
deficiencies). The specific strength and weaknesses of each
individual facility shall not be disclosed in the analysis.
(2) The department shall issue a report for all correctional
facilities to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the
legislative corrections ombudsman by October 1 setting forth the
following information for each facility: its name, street address,
and date of construction; its current maintenance costs; any
maintenance planned; its current utility costs; its expected future
capital improvement costs; its expected future useful life; and its
color score under subsection (1).
Sec. 509. (1) The department shall conduct a study on the
Michigan state industries program. The study shall focus on
determining which industries have the maximum benefit to the
prisoner population in providing marketable skills and leading to
employable outcomes after release of the inmate from a department
facility.
(2) By December 1, the department shall provide a report to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the legislative
corrections ombudsman detailing the results and recommendations
from the study on Michigan state industries described in subsection
(1).
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 complete audit shall be submitted to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget office by March 1.
(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. 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. 608. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, 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. 611. The department shall prepare by March 1 individual
reports for the community re-entry program, the electronic tether
program, and the special alternative to incarceration program. The
reports shall be submitted to the house and senate appropriations
subcommittees on corrections, the legislative corrections
ombudsman, 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 article and
applicable provisions of prior budget acts for the department.
(4) The department shall provide annual reports to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, 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. 615. The department shall submit a report containing a
list detailing the number of prisoners who have received life
imprisonment sentences with the possibility of parole and who are
currently eligible for parole to the house and senate
appropriations subcommittees on corrections, the house and senate
fiscal agencies, the legislative corrections ombudsman, and the
state budget director by January 1.
HEALTH CARE
Sec. 801. (1) By December 1, 2014, the department shall
identify those prisoners who could be eligible for executive
commutation for medically fragile or disability reasons and those
identified may be considered for commutation of their sentence with
a condition of parole.
(2) By January 1, 2015, the department shall release a request
for proposal for competitive bids for a pilot nursing care project
that will detail the costs on a per capita basis for those who are
medically frail or disabled which the department classifies as
eligible for medically frail or disability commutation. The
location of the nursing care pilot project shall not be classified
as a secure facility and shall have features of a general
population nursing home.
(3) The department shall not execute the proposal unless the
savings generated through the competitive bidding process exceed
the current costs of the medically frail and disabled individuals.
(4) By March 1, the department shall issue a report detailing
the annual utilization of the medically frail and disabled
commutation. The report shall also specify the amount of health
care costs for each prisoner in the preceding 3 fiscal years and
the estimated expected health care costs for those prisoners had
they served the full term of their sentence.
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 legislative corrections ombudsman, 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 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. 803. (1) The department shall establish a standard
medical release form for all prisoners by October 1, 2014.
(2) The department shall assure that all incoming prisoners,
upon entry to the state corrections system, are given the
opportunity to sign a release of information form designating
family members or other individuals to whom the department shall
release medical or other incarceration records information
regarding a prisoner.
(3) The department shall assure that any such signed release
forms shall follow a prisoner upon transfer to another department
facility or to the supervision of a parole officer. A release of
information form signed by a prisoner shall remain in effect until
he or she elects to withdraw or amend it.
(4) The form shall also be placed on an online, public website
managed by the department.
Sec. 804. (1) The department shall report quarterly to the
senate and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, 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, by facility.
(2) By March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the legislative
corrections ombudsman, 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. 812. (1) The department shall 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 legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director with quarterly updates on the utilization
of Medicaid benefits for prisoners.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
licensed medical service provider, to prisoners who have mental
illness diagnoses but are not enrolled in corrections mental health
services.
Sec. 816. By April 1, the department shall provide the members
of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman with a report
on pharmaceutical expenditures and prescribing practices. In
particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic
medications.
(b) Any changes that have been made to the prescription drug
formularies.
(c) A progress report on the department's efforts to address
various findings outlined in audit report 471-0325-09L issued in
March 2011 by the Michigan office of the auditor general.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 904. The department shall calculate the per prisoner/per
day cost for each prisoner security custody level. This calculation
shall include all actual direct and indirect costs for the previous
fiscal year, including, but not limited to, the value of services
provided to the department by other state agencies and the
allocation of statewide legacy costs. To calculate the per
prisoner/per day costs, the department shall divide these direct
and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be
accurately allocated to each custody level can be included in the
calculation on a per-prisoner basis for each facility. A report
summarizing these calculations and the direct and indirect costs
included in them shall be submitted to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director not later than December 15.
Sec. 906. Any local unit of government or private organization
that contracts with the department for public works services shall
be responsible for financing the entire cost of such an agreement.
Sec. 907. The department shall report by March 1 to the senate
and house appropriations subcommittees on corrections, the
legislative corrections ombudsman, the senate and house fiscal
agencies, and the state budget director on academic and vocational
programs. The report shall provide information relevant to an
assessment of the department's academic and vocational programs,
including, but not limited to, all of 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,
for example, 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. 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 program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults and escape attempts occurring each month at each
facility during the immediately preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the legislative
corrections ombudsman, the senate and house fiscal agencies, and
the state budget director by March 1 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. (1) It is the intent of the legislature that any
prisoner required to complete a violence prevention program, sexual
offender program, or other program as a condition of parole shall
be transferred to a facility where that program is available in
order to accomplish timely completion of that program prior to the
expiration of his or her minimum sentence and eligibility for
parole. Nothing in this section should be deemed to make parole
denial appealable in court.
(2) The department shall submit a quarterly report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the state budget
director, and the legislative corrections ombudsman detailing
enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, developmental disorders,
serious mental illness, and other mental health disorders.
Prisoners with serious mental illness or developmental disorders
shall not be confined in administrative segregation for behavior
due to serious mental illness or developmental disorders. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners may be placed in secure
specialized housing programs that will facilitate access to
institutional programming and ongoing mental health services, under
the supervision of a mental health professional. A prisoner with
serious mental illness or a developmental disorder who is confined
in these specialized housing programs shall be evaluated by a
medical or mental health professional at a frequency of not less
than every 12 hours.
Sec. 925. By March 1, 2015, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2012 and
September 30, 2014, and the annual number of prisoners in
administrative segregation between October 1, 2012 and September
30, 2014 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.
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 18 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 18 years of age. By April 1, 2015, 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 training curriculum used and
the number and types of staff receiving annual training under that
curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder and need to be housed
separately from the general population. Prisoners less than 18
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder shall not be placed in
administrative segregation for behavior due to serious mental
illness, serious emotional disturbance, or a developmental
disorder. Due to persistent high violence risk or severe disruptive
behavior that is unresponsive to treatment, prisoners less than 18
years of age may be placed in secure specialized housing programs
that will facilitate access to institutional programming and
ongoing mental health services, under the supervision of a mental
health professional. A prisoner less than 18 years of age with
serious mental illness, serious emotional disturbance, or a
developmental disorder who is confined in these specialized housing
programs shall be evaluated by a medical or mental health
professional at a frequency of not less than every 12 hours.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 18 years old for supervised re-
entry.
Sec. 937. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $5,000,000.00,
unless the department or agency has first considered issuing a
request for information (RFI) or a request for qualification (RFQ)
relative to that contract to better enable the department or agency
to learn more about the market for the products or services that
are the subject of the future RFP. The department or agency shall
notify the department of technology, management, and budget of the
evaluation process used to determine if an RFI or RFQ was not
necessary prior to issuing the RFP.
Sec. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or
entity to use state-owned facilities or other property to conduct a
for-profit business enterprise shall require the lessee to pay fair
market value for the use of the state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment
in lieu of taxes to the local jurisdictions that would otherwise
receive property tax revenue, as if the property were not owned by
the state.
Sec. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 947. The department may engage with a state of Michigan
501(c)(3) nonprofit agency to develop a pilot program to
manufacture prison clothing. This program shall utilize the
prisoner re-entry population and provide comprehensive job training
with the goal of transitioning into community employment. The pilot
program shall be funded from 15% of the current funds allocated to
Michigan services industry for the manufacture of prison clothing.
The nonprofit agency must have existing statewide capacity to serve
paroled prisoners. The agency selected will provide semi-annual
reports to the department, the senate and house appropriations
subcommittees on corrections, and the senate and house fiscal
agencies, detailing cost savings incurred and outcomes of parolee
employment programs.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
Sec. 1011. The department shall accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network shall be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be of no additional cost to this state.
CAPITAL OUTLAY
Sec. 1051. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2016 for
the line items listed in part 1. The fiscal year 2015-2016
appropriations are anticipated to be the same as those for fiscal
year 2014-2015, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2015 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2016 for the line items listed in part 1.
