Bill Text: MI HB5122 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 5122 (Prior Session Legislation)

Introduced

Bill Title: Appropriations; supplemental; county jail reimbursement program; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-10-17 - Bill Electronically Reproduced 10/17/2019 [HB5122 Detail]

Download: Michigan-2019-HB5122-Introduced.html

HOUSE BILL NO. 5122

October 16, 2019, Introduced by Rep. Reilly and referred to the Committee on Government Operations.

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2020; 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 various state departments and agencies to supplement appropriations for the fiscal year

ending September 30, 2020, from the following funds:

APPROPRIATION SUMMARY
GROSS APPROPRIATION.....................................	$	14,814,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers..............................................		0
ADJUSTED GROSS APPROPRIATION............................	$	14,814,600
Federal revenues:
Total federal revenues..................................		0
Special revenue funds:
Total local revenues....................................		0
Total private revenues..................................		0
Total other state restricted revenues...................		5,900,000
State general fund/general purpose......................	$	8,914,600
Sec. 102. DEPARTMENT OF CORRECTIONS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.....................................	$	14,814,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers..............................................		0
ADJUSTED GROSS APPROPRIATION............................	$	14,814,600
Federal revenues:
Total federal revenues..................................		0
Special revenue funds:
Total local revenues....................................		0
Total private revenues..................................		0
Total other state restricted revenues...................		5,900,000
State general fund/general purpose......................	$	8,914,600
(2) DEPARTMENTAL ADMINISTRATION AND SUPPORT

County jail reimbursement program.......................	$	14,814,600
GROSS APPROPRIATION.....................................	$	14,814,600
Appropriated from:
Special revenue funds:
Jail reimbursement program fund.........................		5,900,000
State general fund/general purpose......................	$	8,914,600

part 2

provisions concerning appropriations

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources in this appropriation act for the fiscal year ending September 30, 2020 is $14,814,600.00 and state spending from state sources to be paid to local units of government is $14,814,600.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF CORRECTIONS
County jail reimbursement program.......................	$	14,814,600
TOTAL....................................................		0

Sec. 202. The appropriations made and expenditures authorized under this act and the departments, commissions, boards, offices, and programs for which appropriations are made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

DEPARTMENT OF CORRECTIONS

Sec. 301. (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 section 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 section:

(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, or has been released from jail and is being monitored through the use of the sheriff's electronic monitoring system.

(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC requirements for documentation. By October 15, 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) Any county that enacts or enforces any law, ordinance, policy, or rule that limits or prohibits a peace officer or local official, officer, or employee from communicating or cooperating with appropriate federal officials concerning the immigration status of an individual in this state is not eligible to receive reimbursement from funds appropriated in part 1 to house in jails certain felons who otherwise would have been sentenced to prison.

(8) Not later than February 1, the department shall report to the senate and house 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