Bill Text: MI SB0852 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Appropriations; zero budget; corrections; provide for fiscal year 2018-2019. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-05-08 - Referred To Committee On Appropriations [SB0852 Detail]

Download: Michigan-2017-SB0852-Engrossed.html

SB-0852, As Passed Senate, May 3, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 852

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of

 

corrections for the fiscal year ending September 30, 2019; 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, 2019, from the

 

following funds:

 

DEPARTMENT OF CORRECTIONS

 

APPROPRIATION SUMMARY

 

   Average population............................. 39,342

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions....... 13,951.2


GROSS APPROPRIATION.................................... $  2,010,125,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

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

 

ADJUSTED GROSS APPROPRIATION........................... $  2,010,125,100

 

   Federal revenues:

 

Total federal revenues.................................         5,315,200

 

   Special revenue funds:

 

Total local revenues...................................         8,960,100

 

Total other state restricted revenues..................        40,939,600

 

State general fund/general purpose..................... $  1,954,910,200

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions.......... 322.0

 

Unclassified salaries--16.0 FTE positions.............. $      1,884,600

 

Administrative hearings officers.......................         3,266,100

 

Budget and operations administration--240.0 FTE

 

   positions............................................        32,861,500

 

Compensatory buyout and union leave bank...............               100

 

County jail reimbursement program......................        20,743,400

 

Equipment and special maintenance......................         1,559,700

 

Executive direction--20.0 FTE positions................         4,298,200

 

Judicial data warehouse user fees......................            50,600

 

New custody staff training.............................         9,527,600

 

Prison industries operations--62.0 FTE positions.......         9,989,700

 

Property management....................................         2,413,100

 

Prosecutorial and detainer expenses....................         5,001,000


Sheriffs' coordinating and training office.............           100,000

 

Workers' compensation..................................        10,613,000

 

GROSS APPROPRIATION.................................... $    102,308,600

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, prison rape elimination act grant.................           674,700

 

   Special revenue funds:

 

Jail reimbursement program fund........................         5,900,000

 

Program and special equipment fund.....................               100

 

Local corrections officer training fund................           100,000

 

Correctional industries revolving fund.................         9,989,700

 

Correctional industries revolving fund 110.............           616,700

 

State general fund/general purpose..................... $     85,027,400

 

   Sec. 103. OFFENDER SUCCESS ADMINISTRATION

 

   Full-time equated classified positions.......... 339.4

 

Community corrections comprehensive plans and services. $     12,158,000

 

Education/skilled trades/career readiness

 

   programs--270.4 FTE positions........................        40,509,700

 

Enhanced food technology program.......................         2,000,000

 

Federally qualified health center pilot................           750,000

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         1,440,100

 

Goodwill Flip the Script...............................         2,500,000

 

Offender success federal grants........................           751,000

 

Offender success community partners....................        14,500,000

 

Offender success programming...........................        11,272,800

 

Public safety initiative...............................         4,000,000


Senate Bill No. 852 as amended May 3, 2018

 

Offender success services--69.0 FTE positions..........        15,145,700

 

Residential probation diversions.......................      <<18,825,500>>

 

GROSS APPROPRIATION.................................... $    121,352,800

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, prisoner reintegration............................           751,000

 

Federal education funding..............................         1,536,300

 

   Special revenue funds:

 

Program and special equipment fund.....................        10,213,200

 

State general fund/general purpose..................... $  <<111,352,300>>

 

   Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions........ 2,182.6

 

Criminal justice reinvestment.......................... $      2,558,300

 

Detroit Detention Center--66.1 FTE positions...........         8,685,100

 

Detroit Reentry Center--236.0 FTE positions............        29,989,600

 

Field operations--1,849.5 FTE positions................       215,333,300

 

Parole board operations--31.0 FTE positions............         3,727,300

 

Parole/probation services..............................           940,000

 

Residential alternative to prison program..............         1,500,000

 

Substance abuse parole certain sanction program........         2,440,000

 

Supervising region incentive program...................         5,000,000

 

GROSS APPROPRIATION.................................... $    270,173,600

 

    Appropriated from:

 

   Special revenue funds:

 

Local funds............................................         8,685,100

 

Local - community tether program reimbursement.........           275,000

 

Reentry center offender reimbursements.................            10,000


Senate Bill No. 852 as amended May 3, 2018

 

Parole and probation oversight fees....................         4,000,000

 

Parole and probation oversight fees set-aside..........           940,000

 

Tether program, participant contributions..............         2,630,500

 

State general fund/general purpose..................... $    253,633,000

 

   Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

   Full-time equated classified positions.......... 654.0

 

Central records--38.0 FTE positions.................... $      4,446,300

 

Correctional facilities administration--24.0 FTE

 

   positions............................................         5,010,700

 

Housing inmates in federal institutions................           611,000

 

Inmate housing fund....................................               100

 

Inmate legal services..................................           590,900

 

Inmate religious facilities............................       <<2,842,100>>

 

Leased beds and alternatives to leased beds............               100

 

Prison food service--352.0 FTE positions...............        57,163,500

 

Prison kitchen inspections.............................            50,000

 

Prison store operations--33.0 FTE positions............         3,282,600

 

Public works programs..................................         1,000,000

 

Transportation--207.0 FTE positions....................        26,768,000

 

GROSS APPROPRIATION.................................... $    104,265,300

 

    Appropriated from:

 

   Federal revenues:

 

DOJ-BOP, federal prisoner reimbursement................           411,000

 

SSA-SSI, incentive payment.............................           272,000

 

   Special revenue funds:

 

Correctional industries revolving fund 110.............           573,900

 

Public works user fees.................................         1,000,000


Senate Bill No. 852 as amended May 3, 2018

 

Resident stores........................................         3,282,600

 

State general fund/general purpose..................... $   <<96,225,800>>

 

   Sec. 106. HEALTH CARE

 

   Full-time equated classified positions........ 1,461.1

 

Clinical complexes--1,047.1 FTE positions.............. $    144,330,200

 

Health care administration--20.0 FTE positions.........         3,623,500

 

Healthy Michigan plan administration--12.0 FTE

 

   positions............................................         1,124,700

 

Hepatitis C treatment..................................         6,735,500

 

Interdepartmental grant to health and human

 

   services, eligibility specialists....................           119,700

 

Mental health services and support--376.0 FTE

 

   positions............................................        45,869,500

 

Prisoner health care services..........................        86,644,000

 

Substance abuse testing and treatment services--6.0

 

   FTE positions........................................        21,386,600

 

Vaccination program....................................           691,200

 

GROSS APPROPRIATION.................................... $    310,524,900

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, Office of Justice programs, RSAT..................           250,200

 

Federal revenues and reimbursements....................           385,200

 

   Special revenue funds:

 

Prisoner health care copayments........................           257,200

 

State general fund/general purpose..................... $    309,632,300

 

   Sec. 107. CORRECTIONAL FACILITIES

 

   Average population............................. 39,342


   Full-time equated classified positions........ 8,992.1

 

Alger Correctional Facility - Munising--259.0 FTE

 

   positions............................................ $     30,534,000

 

Baraga Correctional Facility - Baraga--293.8 FTE

 

   positions............................................        35,264,700

 

Bellamy Creek Correctional Facility - Ionia--391.2

 

   FTE positions........................................        44,057,900

 

Carson City Correctional Facility - Carson

 

   City--424.4 FTE positions............................        48,570,900

 

Central Michigan Correctional Facility - St.

 

   Louis--387.6 FTE positions...........................        46,021,500

 

Charles E. Egeler Correctional Facility -

 

   Jackson--387.6 FTE positions.........................        45,817,600

 

Chippewa Correctional Facility - Kincheloe--445.6

 

   FTE positions........................................        51,132,600

 

Cooper Street Correctional Facility - Jackson--262.1

 

   FTE positions........................................        29,687,800

 

Earnest C. Brooks Correctional Facility -

 

   Muskegon--245.2 FTE positions........................        29,961,600

 

G. Robert Cotton Correctional Facility -

 

   Jackson--393.0 FTE positions.........................        44,675,800

 

Gus Harrison Correctional Facility - Adrian--443.6

 

   FTE positions........................................        49,788,900

 

Ionia Correctional Facility - Ionia--287.3 FTE

 

   positions............................................        34,152,900

 

Kinross Correctional Facility - Kincheloe--256.6 FTE

 

   positions............................................        32,314,500


Lakeland Correctional Facility - Coldwater--276.4

 

   FTE positions........................................        32,913,200

 

Macomb Correctional Facility - New Haven--292.8 FTE

 

   positions............................................        34,544,100

 

Marquette Branch Prison - Marquette--319.7 FTE

 

   positions............................................        37,884,000

 

Michigan Reformatory - Ionia--318.7 FTE positions......        35,276,800

 

Muskegon Correctional Facility - Muskegon--206.0 FTE

 

   positions............................................        25,560,900

 

Newberry Correctional Facility - Newberry--198.1 FTE

 

   positions............................................        24,154,500

 

Oaks Correctional Facility - Eastlake--289.4 FTE

 

   positions............................................        34,130,000

 

Ojibway Correctional Facility - Marenisco--201.1 FTE

 

   positions............................................        23,248,300

 

Parnall Correctional Facility - Jackson--264.1 FTE

 

   positions............................................        28,856,200

 

Richard A. Handlon Correctional Facility -

 

   Ionia--252.7 FTE positions...........................        30,116,000

 

Saginaw Correctional Facility - Freeland--275.9 FTE

 

   positions............................................        33,124,800

 

Special Alternative Incarceration Program - Cassidy

 

   Lake--120.0 FTE positions............................        13,881,300

 

St. Louis Correctional Facility - St. Louis--302.6

 

   FTE positions........................................        37,111,100

 

Thumb Correctional Facility - Lapeer--283.6 FTE

 

   positions............................................        33,099,200


Womens Huron Valley Correctional Complex -

 

   Ypsilanti--504.1 FTE positions.......................        60,568,400

 

Woodland Correctional Facility - Whitmore

 

   Lake--277.9 FTE positions............................        32,472,100

 

Staff transition costs.................................         1,000,000

 

Northern region administration and support--43.0 FTE

 

   positions............................................         4,336,300

 

Southern region administration and support--89.0 FTE

 

   positions............................................        20,430,900

 

GROSS APPROPRIATION.................................... $  1,064,688,800

 

    Appropriated from:

 

   Federal revenues:

 

DOJ, state criminal assistance program.................         1,034,800

 

   Special revenue funds:

 

State restricted fees, revenues, and reimbursements....           102,100

 

State general fund/general purpose..................... $  1,063,551,900

 

   Sec. 108. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      30,583,400

 

GROSS APPROPRIATION.................................... $     30,583,400

 

    Appropriated from:

 

   Special revenue funds:

 

Correctional industries revolving fund 110.............           178,600

 

Parole and probation oversight fees set-aside..........           701,000

 

Program and special equipment fund.....................           444,000

 

State general fund/general purpose..................... $     29,259,800

 

   Sec. 109. ONE-TIME APPROPRIATIONS

 

New custody training staff--one time................... $       6,227,700


Senate Bill No. 852 as amended May 3, 2018

 

GROSS APPROPRIATION.................................... $      6,227,700

 

    Appropriated from:

 

State general fund/general purpose..................... $      6,227,700

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2018-2019 is $1,995,849,800.00 and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2018-2019 is $<<129,048,400.00>>. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF CORRECTIONS

 

County jail reimbursement program...................... $     20,743,400

 

Community corrections comprehensive plans and

 

   services.............................................        12,158,000

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         1,440,100

 

Field operations.......................................        65,380,300

 

Leased beds and alternatives to leased beds............               100

 

Prosecutorial and detainer expenses....................         5,001,000

 

Public safety initiative...............................         4,000,000

 

Residential alternative to prison program..............         1,500,000

 


Senate Bill No. 852 as amended May 3, 2018

 

Residential probation diversions.......................      <<18,825,500>>

 

TOTAL.................................................. $  <<129,048,400>>

 

     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 and part 1:

 

     (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 2018-2019:

 

     (i) New custody staff training.

 

     (ii) Education/skilled trades/career readiness programs.

 

     (iii) Offender success programming.

 

     (iv) Central records.

 

     (v) Correctional facilities administration.

 

     (vi) Inmate legal services.

 

     (vii) Prison food service.

 

     (viii) Prison store operations.

 

     (ix) Transportation.

 

     (x) Clinical complexes.

 

     (xi) Hepatitis C treatment.

 

     (xii) Mental health services and support.

 

     (xiii) Prisoner health care services.

 

     (xiv) Vaccination program.


     (xv) Correctional facilities.

 

     (xvi) Northern and southern region administration and support.

 

     (c) "Department" or "MDOC" means the Michigan department of

 

corrections.

 

     (d) "DOJ" means the United States Department of Justice.

 

     (e) "DOJ-BOP" means the DOJ Bureau of Prisons.

 

     (f) "EPIC program" means the department's effective process

 

improvement and communications program.

 

     (g) "Evidence-based" means a decision-making process that

 

integrates the best available research, clinician expertise, and

 

client characteristics.

 

     (h) "Federally qualified health center" means that term as

 

defined in section 1396d(l)(2)(B) of the social security act, 42

 

USC 1396d.

 

     (i) "FTE" means full-time equated.

 

     (j) "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, the length of stay in a jail, or to

 

improve the utilization of a jail.

 

     (k) "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.

 

     (l) "MDHHS" means the Michigan department of health and human

 

services.

 

     (m) "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.

 

     (n) "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.

 

     (o) "OCC" means the office of community corrections.

 

     (p) "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.

 

     (q) "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.

 

     (r) "Offender target populations" 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.

 

     (s) "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.

 

     (t) "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.

 

     (u) "Recidivism" means that term as defined in section 1 of

 

2017 PA 5, MCL 798.31.

 

     (v) "Serious emotional disturbance" means that term as defined

 

in section 100d(2) of the mental health code, 1974 PA 258, MCL

 

330.1100d.

 

     (w) "Serious mental illness" means that term as defined in

 

section 100d(3) of the mental health code, 1974 PA 258, MCL

 

330.1100d.

 

     (x) "SSA" means the United States Social Security

 

Administration.


     (y) "SSA-SSI" means SSA supplemental security income.

 

     Sec. 204. The department shall use the internet to fulfill the

 

reporting requirements of this part. 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. 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

 

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. 206. The department shall not take disciplinary action

 

against an employee or a prisoner for communicating with a member

 

of the legislature or his or her staff.

 

     Sec. 207. 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 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 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. 208. 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. 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 departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees and the senate and house fiscal agencies.

 

     Sec. 210. (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 part 1 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 $10,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 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 part 1

 

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 part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 211. 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 the department:

 

     (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. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the chairpersons of the senate and

 

house appropriations committees, the chairpersons of the senate and

 

house appropriations subcommittees on corrections, 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 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 department's performance.

 

     Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2019 are estimated at $319,141,800.00. From this amount, total

 

department appropriations for pension-related legacy costs are

 

estimated at $147,129,800.00. Total department appropriations for

 

retiree health care legacy costs are estimated at $172,012,000.00.

 

     Sec. 216. 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, the senate and house fiscal agencies, and the state

 

budget office. This report shall include a detailed accounting of


the long-term vacancies that exist within the department. As used

 

in this section, "long-term vacancy" means any full-time equated

 

position that has not been filled at any time during the past 24

 

calendar months.

 

     Sec. 217. 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. 219. (1) Any contract for prisoner telephone services

 

entered into after the effective date of this section shall include

 

a condition that fee schedules for prisoner telephone calls,

 

including rates and any surcharges other than those necessary to

 

meet program and special equipment costs, be the same as fee

 

schedules for calls placed from outside of correctional facilities.

 

     (2) Revenues appropriated and collected for program and

 

special equipment funds shall be considered state restricted

 

revenue. Funding shall be used for prisoner programming, special

 

equipment, and security projects. Unexpended funds remaining at the

 

close of the fiscal year shall not lapse to the general fund but

 

shall be carried forward and be available for appropriation in

 

subsequent fiscal years.

 

     (3) The department shall submit a report to the senate and

 

house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, the legislative corrections ombudsman, and

 

the state budget office by February 1 outlining revenues and

 

expenditures from program and special equipment funds. The report


shall include all of the following:

 

     (a) A list of all individual projects and purchases financed

 

with program and special equipment funds in the immediately

 

preceding fiscal year, the amounts expended on each project or

 

purchase, and the name of each vendor from which the products or

 

services were purchased.

 

     (b) A list of planned projects and purchases to be financed

 

with program and special equipment funds during the current fiscal

 

year, the amounts to be expended on each project or purchase, and

 

the name of each vendor from which the products or services will be

 

purchased.

 

     (c) A review of projects and purchases planned for future

 

fiscal years from program and special equipment funds.

 

     Sec. 220. 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 or private nonprofit

 

organizations. The revenues and fees collected are appropriated for

 

all expenses associated with these services and activities.

 

     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. 247. In cooperation with the state court administrative


office, the department shall assist with the data compilation for

 

the swift and sure sanctions program.

 

     Sec. 248. At the May 2019 consensus revenue estimating

 

conference, the senate and house fiscal agencies and the state

 

budget director, or state treasurer, shall establish a projected

 

prisoner population for fiscal year 2019-2020, and a projected

 

number of available beds based on the population projection.

 

 

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

     Sec. 301. For 3 years after a felony offender is released from

 

the department's jurisdiction, the department shall maintain the

 

offender's file on the offender tracking information system and

 

make it publicly accessible in the same manner as the file of the

 

current offender. However, the department shall immediately remove

 

the offender's file from the offender tracking information system

 

upon determination that the offender was wrongfully convicted and

 

the offender's file is not otherwise required to be maintained on

 

the offender tracking information system.

 

     Sec. 302. All employees of the department shall pay for any

 

meals that are prepared and provided to them initially at taxpayer

 

expense. The amount charged must be at least the amount required to

 

fully reimburse all food and labor costs associated with the meal.

 

Funds collected shall be credited to the enhanced food technology

 

program and be used for food safety training and the expansion of

 

the program.

 

     Sec. 303. From funds appropriated in part 1 for prison food

 

service, the department shall, by facility, report quarterly to the

 


senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the average per-meal cost

 

for the previous quarter. The per-meal cost shall include all costs

 

directly related to the provision of food in each prison kitchen,

 

and shall include, but not be limited to, actual food costs, total

 

compensation for all food service workers including benefits and

 

legacy costs, and inspection and compliance costs for food service.

 

     Sec. 304. The department shall maintain a staff savings

 

initiative program in conjunction with the EPIC program for

 

employees to submit suggestions for efficiencies for the

 

department. The department shall consider each suggestion in a

 

timely manner. 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 office on process improvements that

 

were implemented based on suggestions that were recommended for

 

implementation from the staff savings initiative and EPIC programs.

 

     Sec. 305. 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. 306. 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. 307. The department shall issue a biannual report for all

 

vendor contracts to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office.

 

The report shall cover service contracts with a value of

 

$500,000.00 or more and include all of the following:

 

     (a) The original start date and the current expiration date of

 

each contract.

 

     (b) The number, if any, of contract compliance monitoring site

 

visits completed by the department for each vendor.

 

     (c) The number and amount of fines, if any, for service-level

 

agreement noncompliance for each vendor broken down by area of

 

noncompliance.

 

     Sec. 308. 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. 309. 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,


the legislative corrections ombudsman, and the state budget office

 

by January 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; the

 

current unspent balance of any authorized capital outlay projects,

 

including the original authorized amount; and its expected future

 

useful life.

 

     Sec. 310. (1) By February 1, the department shall provide a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office which details

 

the strategic plan of the department. The report shall contain

 

strategies to decrease the overall recidivism rate, measurable

 

plans to increase the rehabilitative function of correctional

 

facilities, metrics to track and ensure prisoner readiness to

 

reenter society, and constructive actions for providing prisoners

 

with life skills development.

 

     (2) The intent of this report is to express that the mission

 

of the department is to provide an action plan before reentry to

 

society that ensures prisoners' readiness for meeting parole

 

requirements and ensures a reduction in the total number of

 

released inmates who reenter the criminal justice system.

 

     Sec. 311. By December 1, the department shall provide a report

 

on the Michigan state industries program to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the


state budget office. The report shall include, but not be limited

 

to, the locations of the programs, the total number of participants

 

at each location, a description of job duties and typical inmate

 

schedules, the products that are produced, and how the program

 

provides marketable skills that lead to employable outcomes after

 

release from a department facility.

 

 

 

OFFENDER SUCCESS ADMINISTRATION

 

     Sec. 401. The department shall submit 3-year and 5-year prison

 

population projection updates concurrent with submission of the

 

executive budget recommendation to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office. The report shall include explanations of the

 

methodology and assumptions used in developing the projection

 

updates.

 

     Sec. 402. By March 1, the department shall provide a report on

 

offender success expenditures and allocations to the senate and

 

house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office. 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. The department shall partner with nonprofit faith-

 

based, business and professional, civic, and community

 

organizations for the purpose of providing inmate offender success

 

services. Offender success services include, but are not limited

 

to, counseling, providing information on housing and job placement,

 

and money management assistance.

 

     Sec. 404. From the funds appropriated in part 1 for offender

 

success services, the department, when reasonably possible, shall

 

ensure that inmates have potential employer matches in the

 

communities to which they will return prior to each inmate's

 

initial parole hearing.

 

     Sec. 405. 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 office on substance abuse testing

 

and treatment program objectives, outcome measures, and results,

 

including program impact on offender success and programmatic

 

success.

 

     Sec. 406. The department will work with the organization

 

representing federally qualified health centers (FQHCs) to

 

implement a pilot project to ensure that behavioral and physical

 

health needs among parolees and probationers are addressed. The

 

pilot project will position FQHCs to ensure that parolees and

 

probationers are enrolled in and maintain access to benefits for


which they qualify, are linked to the health care services they

 

need, follow up with providers, stay on their medications, are

 

engaged in services, and have barriers to care addressed. The

 

department will make necessary accommodations to perform the

 

transition planning to allow for a direct referral to the FQHC

 

organization to patients in relevant areas. The pilot shall operate

 

in at least the following counties: Berrien, Kalamazoo, Kent,

 

Macomb, Oakland, Washtenaw, and Wayne. The FQHC organization may

 

submit annual reports detailing these outcomes to the senate and

 

house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office.

 

     Sec. 407. 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.

 

     Sec. 408. The department shall measure the recidivism rates of

 

offenders.

 

     Sec. 409. (1) The department shall engage with the talent

 

investment agency within the department of talent and economic

 

development and local entities to design services and shall use

 

appropriations provided in part 1 for offender success and

 

vocational education programs. 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) The department shall continue to offer workforce

 

development programming through the entire duration of the

 

prisoner's incarceration to encourage employment upon release.

 

     (3) By March 1, the department shall provide a report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office 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,


Senate Bill No. 852 as amended May 3, 2018

 

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.

 

     (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 probation diversions in part

 

1 shall provide for a per diem reimbursement of not more than

 

<<$55.00>> for nonaccredited facilities, or of not more than <<$56.00>>

 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 of this part. 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 MDHHS for the provision of alcohol and drug

 

screening, assessment, case management planning, and delivery of

 

treatment to alcohol- and drug-involved offenders.

 

     Sec. 412. (1) As part of the March biannual report specified

 

in section 12(2) of the community corrections act, 1988 PA 511, MCL

 

791.412, that requires an analysis of the impact of that act on

 

prison admissions and jail utilization, the department shall submit

 

to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office 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 $65.00

 

per diem per diverted offender for offenders with a presumptive

 

prison guideline score, $55.00 per diem per diverted offender for

 

offenders with a straddle cell guideline for a group 1 crime, and

 

$40.00 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 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

 

a county jail, is in custody but is being housed at a hospital or

 

medical facility for a medical or mental health purpose, has been


released from jail and is being monitored through the use of the

 

sheriff's electronic monitoring system, or has been placed in a

 

sheriff's contracted residential program.

 

     (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, the department shall

 

distribute the documentation requirements to all counties.

 

     (6) Any county that receives funding under this section for

 

the purpose of housing in jails certain felons who otherwise would

 

have been sentenced to prison shall, as a condition of receiving

 

the funding, report by September 30 an annual average jail capacity

 

and annual average jail occupancy for the immediately preceding

 

fiscal year.

 

     (7) Not later than February 1, 2019, the department shall

 

report to the house and senate appropriations subcommittees on

 

corrections all of the following information:

 

     (a) The number of inmates sentenced to the custody of the

 

sheriff and eligible for the county jail reimbursement program.

 

     (b) The total amount paid to counties under the county jail

 

reimbursement program.

 

     (c) The total number of days inmates were in the custody of

 

the sheriff and eligible for the county jail reimbursement program.

 

     (d) The number of inmates sentenced to the custody of the


sheriff under each of the 3 categories: presumptive prison, group 1

 

crime, and group 2 crime in subsection (3).

 

     (e) The total amount paid to counties under each of the 3

 

categories: presumptive prison, group 1 crime, and group 2 crime in

 

subsection (3).

 

     (f) The total number of days inmates were in the custody of

 

the sheriff under each of the 3 categories: presumptive prison,

 

group 1 crime, and group 2 crime in subsection (3).

 

     (g) The estimated cost of housing inmates sentenced to the

 

custody of the sheriff and eligible for the county jail

 

reimbursement program as inmates of a state prison.

 

     Sec. 416. Allowable uses of felony drunk driver jail reduction

 

and community treatment program funding 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

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office 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 MDHHS 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 senate and house fiscal agencies, the

 

legislative corrections ombudsman, and the state budget office on

 

prisoner populations by security levels by facility, prison

 

facility capacities, the number of beds in currently closed housing

 

units by facility, and parolee and probationer populations.

 

     (2) The department shall provide monthly electronic mail

 

reports to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office. 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) Prisoners classified as past their earliest release date.

 

     (f) Parole board activity, including the numbers and

 

percentages of parole grants and parole denials.

 

     (g) 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.

 

     (h) 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. 421. (1) Funds appropriated in part 1 for the substance

 

abuse parole certain sanction program shall be distributed to an

 

American Correctional Association accredited rehabilitation

 

organization operating in any of the following counties: Berrien,

 

Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland,

 

Saginaw, and Wayne for operations and administration of the

 

program. The program may be utilized as a condition of parole for

 

technical parole violators to ensure public safety and justice

 

through a program based on evidence-based tactics and programs.

 

     (2) The program or programs selected shall report by March 30

 

to the department, the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office.

 

The report shall include program performance measurements, the


number of individuals who participate in the program, the number of

 

individuals who return to prison after participating, and outcomes

 

of participants who complete the program.

 

     Sec. 422. On a quarterly basis, the department shall issue a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office, for the

 

previous 4 quarters detailing the outcomes of prisoners who have

 

been reviewed for parole. The report shall include all of the

 

following:

 

     (a) How many prisoners in each quarter were reviewed.

 

     (b) How many prisoners were granted parole.

 

     (c) How many prisoners were denied parole.

 

     (d) How many parole decisions were deferred.

 

     (e) The distribution of the total number of prisoners reviewed

 

during that quarter grouped by whether the prisoner had been

 

interviewed for the first, second, third, fourth, fifth, sixth, or

 

more than sixth time.

 

     (f) The number of paroles granted, denied, or deferred for

 

each of the parole guideline scores of low, average, and high.

 

     (g) The reason for denying or deferring parole.

 

     Sec. 423. From funds appropriated in part 1 for field

 

operations, the department shall collaborate with the Michigan

 

Restaurant Association for job placement for individuals on

 

probation and parole.

 

     Sec. 425. (1) From the funds appropriated in part 1, the

 

department shall establish medication-assisted treatment offender


success pilot programs to provide prerelease treatment and

 

postrelease referral for opioid-addicted and alcohol-addicted

 

offenders who voluntarily participate in the medication-assisted

 

treatment offender success pilot programs. The department shall

 

collaborate with residential and nonresidential substance abuse

 

treatment providers and with community-based clinics to provide

 

postrelease treatment. The programs shall employ a multifaceted

 

approach to treatment, including a long-acting nonaddictive

 

medication approved by the Food and Drug Administration for the

 

treatment of opioid and alcohol dependence, counseling, and

 

postrelease referral to community-based providers.

 

     (2) The manufacturer of a long-acting nonaddictive medication

 

approved by the Food and Drug Administration for opioid and alcohol

 

dependence shall provide the department with samples of the

 

medication, at no cost to the department, during the duration of

 

the medication-assisted treatment offender success pilot programs.

 

Offenders shall receive 1 injection prior to being released from

 

custody and shall be connected with an aftercare plan and

 

assistance with obtaining insurance to cover subsequent injections.

 

     (3) Participants of the programs shall be required to attend

 

substance abuse treatment programming as directed by their agent,

 

including coordination of both direct or indirect services through

 

federally qualified health centers in Wayne, Washtenaw, Genesee,

 

Berrien, Van Buren, and Allegan Counties, but not limited to only

 

those counties, shall be subject to routine drug and alcohol

 

testing, shall not be allowed to consume drugs or alcohol, and

 

shall possess a strong will to overcome addiction.


     (4) The department shall submit a report by September 30 to

 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the number of offenders

 

who received injections upon release, the number of offenders who

 

received injections and tested positive for drugs or alcohol, the

 

number of offenders who received injections in the community for a

 

duration of at least 3 months, and the number of offenders who

 

received injections and were subsequently returned to prison.

 

     Sec. 426. From the funds appropriated in part 1, the

 

department shall ensure that any inmate with a diagnosed mental

 

illness is referred to a local mental health care provider that is

 

able and willing to treat the inmate upon parole or discharge. The

 

department shall ensure that the provider is informed of the

 

inmate's current treatment plan including any medications that are

 

currently prescribed to the inmate.

 

     Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip

 

the Script shall be distributed to a Michigan-chartered 501(c)(3)

 

nonprofit corporation operating in a county with greater than

 

1,500,000 people for administration and expansion of a program

 

which serves a population of persons aged 16 to 39. The program

 

shall target those who are entering the criminal justice system for

 

the first or second time and shall assist those individuals through

 

the following program types:

 

     (a) Alternative sentencing programs in partnership with a

 

local district or circuit court.

 

     (b) Educational recovery for special adult populations with


high rates of illiteracy.

 

     (c) Career development and continuing education for women.

 

     (2) The program selected shall report by March 30 to the

 

department, the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office. The report

 

shall include program performance measurements, the number of

 

individuals diverted from incarceration, the number of individuals

 

served, and outcomes of participants who complete the program.

 

 

 

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. 602. The funds appropriated in part 1 for the supervising

 

region incentive program shall be used only to fund an incentive

 

program for field operations administration regions in accordance

 

with the supervising region incentive act, 2017 PA 11, MCL 791.131

 

to 791.137.

 


     Sec. 603. (1) All prisoners, probationers, and parolees

 

involved with the curfew monitoring 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 program

 

reimbursement for the curfew monitoring 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 curfew monitoring program to be

 

administered by the department. The curfew monitoring program is

 

intended to provide sentencing judges and county sheriffs in

 

coordination with local community corrections advisory boards

 

access to the state's curfew monitoring program to reduce prison

 

admissions and improve local jail utilization. The department shall

 

determine the appropriate distribution of the curfew monitor 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 curfew monitor equipment,

 

replacement parts, administrative oversight of the equipment's

 

operation, notification of violators, and periodic reports

 

regarding county program participants. Counties are responsible for

 

curfew monitor equipment installation and service. For an


Senate Bill No. 852 as amended May 3, 2018

 

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 curfew monitor charges outstanding over 60

 

days shall be considered in violation of the community curfew

 

monitor program agreement and lose access to the program.

 

     Sec. 604. <<(1)>> The funds appropriated in part 1 for criminal

 

justice reinvestment shall be used only to fund data collection and

 

evidence-based programs designed to reduce recidivism among

 

probationers and parolees.

<<(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 shall be allocated to an organization that has received the United States Department of Labor Training to Work 2 grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services are, but are not limited to: adult education, tutoring, manufacturing skills training, participation in a simulated work environment, mentoring, cognitive therapy groups, life skills classes, substance abuse recovery groups, fatherhood programs, classes in understanding the legal system, family literacy, health and wellness, finance management, employer presentations, and classes on job retention. Programming and support services should begin before release and continue after release from the county jail. To be eligible for funding, an organization must show at least 2 years’ worth of data that demonstrate program success.>>

     Sec. 611. The department shall prepare by March 1 individual

 

reports for the residential reentry program, the electronic

 

monitoring program, and the special alternative to incarceration

 

program. The reports shall be submitted to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office. Each program's report shall include

information on all of the following:

     (a) Monthly new participants by type of offender. Residential

reentry 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) By April 1, the department shall provide a report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office 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 fiscal year. The report shall include the following

 

information for probationers, for parolees after their first

 

parole, and for 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 high school equivalency or high school diploma prior to

 

incarceration in prison, how many received a high school

 

equivalency while in prison, and how many received a vocational

 

certificate while in prison.

 

     (d) The number of offenders who participated in the reentry

 

program 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. (1) The department shall submit a report 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 senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office

 

by April 30.

 

     (2) The report shall include the following information on

 

parolable lifers who have served more than 25 years: prisoner name,

 

MDOC identification number, prefix, offense for which life term is

 

being served, county of conviction, age at time offense was

 

committed, current age, race, gender, true security classification,

 

dates of parole board file reviews, dates of parole board

 

interviews, parole guideline scores, and reason for decision not to

 

release.

 

     Sec. 617. From the funds appropriated in part 1 for the

 

residential alternative to prison program, the department shall

 

provide vocational, educational, and cognitive programming in a

 

secure environment to enhance existing alternative sentencing

 

options, increase employment readiness and successful placement

 

rates, and reduce new criminal behavior for the west Michigan

 

probation violator population. The department shall measure and set

 

the following metric goals:

 

     (a) 85% of participants successfully complete the program.

 

     (b) Of the participants that complete the program, 75% will

 

earn a nationally recognized credential for career and vocational

 

programs.

 

     (c) Of the participants that complete the program, 100% will

 

earn a certificate of completion for cognitive programming.


     (d) The prison commitment rate for probation violators will be

 

reduced by 5% within the impacted geographical area after the first

 

year of program operation.

 

 

 

HEALTH CARE

 

     Sec. 801. From funds appropriated in part 1, the department

 

shall negotiate with the current third-party health care vendor to

 

have that vendor hire and supply the department with registered

 

nurses. The transition to vendor-provided registered nurses shall

 

be completed by April 1, 2019, after which point the department

 

shall not directly employ registered nurses.

 

     Sec. 802. As a condition of expenditure of the funds

 

appropriated in part 1, the department shall provide the senate and

 

house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, the legislative corrections ombudsman, and

 

the state budget office with 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.

 

     Sec. 803. (1) The department shall assure that all prisoners,

 

upon any health care treatment, are given the opportunity to sign a

 

release of information form designating a family member or other

 

individual to whom the department shall release records information

 

regarding a prisoner. A release of information form signed by a

 

prisoner shall remain in effect for 1 year, and the prisoner may

 


elect to withdraw or amend the release form at any time.

 

     (2) The department shall assure that any such signed release

 

forms follow a prisoner upon transfer to another department

 

facility or to the supervision of a parole officer.

 

     (3) The form shall be placed online, on a public website

 

managed by the department.

 

     Sec. 804. The department shall report quarterly to the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, the legislative corrections ombudsman,

 

and the state budget office on prisoner health care utilization.

 

The report shall include the number of inpatient hospital days,

 

outpatient visits, emergency room visits, and prisoners receiving

 

off-site inpatient medical care in the previous quarter, by

 

facility.

 

     Sec. 807. The funds appropriated in part 1 for Hepatitis C

 

treatment shall be used only to purchase specialty medication for

 

Hepatitis C treatment in the prison population. In addition to the

 

above appropriation, any rebates received from the medications used

 

shall be used only to purchase specialty medication for Hepatitis C

 

treatment. On a quarterly basis, the department shall issue a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office, showing for the

 

previous 4 quarters the total amount spent on specialty medication

 

for the treatment of Hepatitis C, the number of prisoners that were

 

treated, the amount of any rebates that were received from the

 

purchase of specialty medication, and what outstanding rebates are


expected to be received.

 

     Sec. 812. (1) The department shall provide the department of

 

health and human services with a monthly list of prisoners newly

 

committed to the department of corrections. The department and the

 

department of health and human services shall enter into an

 

interagency agreement under which the department of health and

 

human services provides the department of corrections with monthly

 

lists of newly committed prisoners who are eligible for Medicaid

 

benefits in order to maintain the process by which Medicaid

 

benefits are suspended rather than terminated. The department shall

 

assist prisoners who may be eligible for Medicaid benefits after

 

release from prison with the Medicaid enrollment process prior to

 

release from prison.

 

     (2) The department shall provide the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office with quarterly updates on the utilization of

 

Medicaid benefits for prisoners.

 

     Sec. 816. By April 1, the department shall provide the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, the legislative corrections ombudsman,

 

and the state budget office 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.

 

 

 

CORRECTIONAL FACILITIES ADMINISTRATION

 

     Sec. 901. (1) From funds appropriated in part 1 for the

 

enhanced food technology program, the department shall expand the

 

existing food technology education program to at least 1,000

 

inmates annually. The department shall utilize classrooms and

 

learning kitchens during all available hours including Fridays,

 

evenings, and weekends to achieve that goal.

 

     (2) A participant in the food technology program shall

 

complete 408 hours of on-the-job training in a prison kitchen as a

 

part of the program. The program participants shall be given

 

priority in job assignments in order to complete this requirement.

 

     Sec. 902. All inmates working in prison kitchens shall

 

complete the minimum requirements for a ServSafe Food Handler

 

certificate before being allowed to work in the kitchens. Current

 

prison kitchen workers shall complete the requirements for a

 

ServSafe Food Handler certificate on or before January 1, 2019, to

 

maintain eligibility to work in a prison kitchen.

 

     Sec. 903. (1) All department-operated kitchens shall maintain

 

the same requirements for food safety as a food service

 

establishment is required to maintain under the food law, 2000 PA

 

92, MCL 289.1101 to 289.8111, and as a food establishment is

 

required to maintain under the 2001 food code published by the Food

 

and Drug Administration of the Public Health Service of the

 

Department of Health and Human Services. Funds appropriated in part

 

1 for prison kitchen inspections shall be used for costs to

 


implement this section and to inspect department-operated kitchens.

 

     (2) The department shall, by facility, report quarterly to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the number of violations

 

committed by a department-operated kitchen for a failure to

 

maintain the requirements under subsection (1).

 

     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 senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office not later than December 15.

 

     Sec. 905. (1) From the funds appropriated in part 1 for leased

 

beds and alternatives to leased beds, the department may implement

 

a county jail bed program to house eligible prisoners sentenced to

 

the custody of the department in county jails rather than in state


correctional facilities.

 

     (2) A county may volunteer to participate in the county jail

 

bed program and house eligible prisoners sentenced to the custody

 

of the department in its county jails.

 

     (3) If a county participating in the county jail bed program

 

has available bed space in its county jail and the department has

 

prisoners in its custody meeting the eligibility requirements under

 

this section, the department may place the eligible prisoners in

 

the county jail.

 

     (4) A prisoner shall meet all of the following eligibility

 

requirements to be placed in a county jail under this section:

 

     (a) The prisoner has been given a level I classification by a

 

department classification committee on a scale of 6 levels in which

 

level I is the least restrictive level.

 

     (b) The prisoner is not serving a sentence for conviction of a

 

violation or attempted violation of section 520b, 520c, 520d, 520e,

 

or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,

 

750.520c, 750.520d, 750.520e, and 750.520g.

 

     (c) The prisoner is serving a fixed sentence with a determined

 

discharge date.

 

     Sec. 906. Any local unit of government or private nonprofit

 

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 senate

 

and house fiscal agencies, the legislative corrections ombudsman,


and the state budget office 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 do not complete each program and are not subsequently

 

reenrolled, 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, 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 high school

 

equivalency.

 

     (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) The number of prisoners not paroled at their earliest

 

release date due to lack of a high school equivalency, and the


reason those prisoners have not obtained a high school equivalency.

 

     Sec. 908. From the funds appropriated in part 1, the

 

department shall establish a pilot online career high school

 

education program to serve up to 400 inmates through a regionally

 

accredited public or private school district that offers career-

 

based online high school diplomas designed to prepare adult inmates

 

for transition into the workplace. The district chosen for the

 

pilot shall be paid a specified amount per inmate per course

 

successfully completed by the inmate. The department may use

 

federal funds provided to educate inmates to expand this pilot

 

beyond 400 inmates. Funds for the pilot shall also be used for

 

certification programs related to the enhanced food technology

 

program. The department shall provide an initial report no later

 

than June 1 regarding the progress of the inmates in the online

 

high school diploma and career certificate programs to the senate

 

and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office.

 

     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 office the number of critical

 

incidents occurring each month by type and the number and severity

 

of assaults, escape attempts, suicides, and attempted suicides

 

occurring each month at each facility during the immediately

 

preceding calendar year.

 

     Sec. 912. The department shall report monthly to the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, the legislative corrections ombudsman,

 

and the state budget office 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) From the funds appropriated in part 1, the

 

department shall focus on providing required programming to

 

prisoners who are past their earliest release date because of not

 

having received the required programming. Programming includes, but

 

is not limited to, violence prevention programming, assaultive

 

offender programming, sexual offender programming, substance abuse

 

treatment programming, thinking for a change programming, and any

 

other programming that is required as a condition of parole.

 

     (2) 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 placed

 

on a waiting list for the appropriate programming upon entrance to

 

prison and 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.

 

     (3) The department shall submit a quarterly report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office detailing enrollment in sex

 

offender programming, assaultive offender programming, violent

 

offender programming, and thinking for a change programming. At a

 

minimum, the report shall include the following:

 

     (a) A full accounting, from the date of entrance to prison, 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, serious developmental

 

disorders, serious mental illness, and other mental health

 

disorders. Prisoners with serious mental illness or serious

 

developmental disorders shall not be removed from the general

 

population as a punitive response to behavior caused by their

 

serious mental illness or serious developmental disorder. Due to

 

persistent high violence risk or severe disruptive behavior that is

 

unresponsive to treatment, prisoners with serious mental illness or

 

serious developmental disorders may be placed in secure residential


housing programs that will facilitate access to institutional

 

programming and ongoing mental health services. A prisoner with

 

serious mental illness or serious developmental disorder who is

 

confined in these specialized housing programs shall be evaluated

 

or monitored by a medical professional at a frequency of not less

 

than every 12 hours.

 

     Sec. 925. 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 office on the annual number of

 

prisoners in administrative segregation between October 1, 2017 and

 

September 30, 2018, and the annual number of prisoners in

 

administrative segregation between October 1, 2017 and September

 

30, 2018 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, 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 office 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 serious 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 serious developmental disorder shall not be

 

removed from an existing placement as a punitive response to

 

behavior caused by their serious mental illness, serious emotional

 

disturbance, or a serious developmental disorder. Due to persistent

 

high violence risk or severe disruptive behavior that is

 

unresponsive to treatment, prisoners less than 18 years of age with

 

serious emotional disturbance, serious mental illness, or serious

 

developmental disorders may be placed in secure residential housing

 

programs that will facilitate access to institutional programming

 

and ongoing mental health services. A prisoner less than 18 years

 

of age with serious mental illness, serious emotional disturbance,

 

or a serious developmental disorder who is confined in these

 

specialized housing programs shall be evaluated or monitored by a

 

medical professional at a frequency of not less than every 12

 

hours.

 

     (c) Implement a specialized offender success program that

 

recognizes the needs of prisoners less than 18 years old for

 

supervised offender success.

 

     Sec. 930. The department shall submit a quarterly report to

 

the senate and house appropriations subcommittees on corrections,


the senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the number of youth in

 

prison. The report shall include, but not be limited to, the

 

following information:

 

     (a) The total number of inmates under age 18 who are not on

 

Holmes youthful trainee act status.

 

     (b) The total number of inmates under age 18 who are on Holmes

 

youthful trainee act status.

 

     (c) The total number of inmates aged 18 to 23 who are on

 

Holmes youthful trainee act status.

 

     Sec. 937. The department shall not issue a request for

 

proposal (RFP) for a contract in excess of $5,000,000.00, unless

 

the department has first considered issuing a request for

 

information (RFI) or a request for qualification (RFQ) relative to

 

that contract to better enable the department to learn more about

 

the market for the products or services that are the subject of the

 

future RFP. The department 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. 943. The department shall submit a report by May 1 to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the actual and projected

 

savings achieved by closing correctional facilities. Savings

 

amounts shall be itemized by facility. Information required by this

 

section shall start with the closure of the Pugsley Correctional

 

Facility, which closed in September of 2016.

 

     Sec. 944. When the department is planning to close a

 

correctional facility, the department shall fully consider the

 

potential economic impact of the prison closure on the community

 

where the facility is located. The department, when weighing all

 

factors related to the closure of a facility, shall also consider

 

the impact on the local community where the facility to be closed

 

is located.


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. 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. 1010. From funds appropriated in part 1 for inmate

 

religious facilities, the department shall provide a place of

 

worship for inmates of all faiths who are housed within each

 

facility. Each place of worship must allow separate time for

 

inmates of each faith to worship and have all necessary facilities

 

and items needed for services.

 

     Sec. 1011. The department may 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 may 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 at no additional cost to this state.

 

     Sec. 1013. From the funds appropriated in part 1, priority may

 

be given to funding reentry or rehabilitation programs that have

 

been demonstrated to reduce prison violence and recidivism,

 

including faith-based initiatives.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 1100. From the funds appropriated in part 1 for new

 

custody staff training, the department shall increase the training

 

capacity for new custody staff. The purpose of this academy is to

 

address higher than normal attrition of correction officers and to

 

decrease overtime costs.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

GENERAL SECTIONS

 

     Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2020 for

 

the line items listed in part 1. Fiscal year 2019-2020

 

appropriations are anticipated to be the same as those for fiscal

 

year 2018-2019, 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 2019 consensus revenue estimating

 

conference.

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