Bill Text: MI SB0191 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 191

Bill Title: Appropriations: department of corrections; appropriations for fiscal year 2023-2024; provide for. Creates appropriation act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-05-16 - Notice Given To Discharge Committee [SB0191 Detail]

Download: Michigan-2023-SB0191-Engrossed.html

Substitute For

SENATE BILL NO. 191

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2024; 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, 2024, from the following funds:

DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Full-time equated unclassified positions	16.0
Full-time equated classified positions	13,173.0

GROSS APPROPRIATION		$	2,064,859,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	2,064,859,700
Federal revenues:
Total federal revenues			705,143,500
Special revenue funds:
Total local revenues			9,793,900
Total private revenues			0
Total other state restricted revenues			29,805,500
State general fund/general purpose		$	1,320,116,800
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	16.0
Full-time equated classified positions	359.0
Unclassified salaries--FTEs	16.0	$	2,184,900
Administrative hearings officers			3,478,000
Budget and operations administration--FTEs	270.0		38,416,500
Compensatory buyout and union leave bank			100
County jail reimbursement program			14,814,600
Employee wellness programming--FTEs	7.0		2,732,000
Equipment and special maintenance			1,559,700
Executive direction--FTEs	22.0		4,600,200
Judicial data warehouse user fees			50,600
New custody staff training			21,519,600
Prison industries operations--FTEs	60.0		10,020,400
Property management			2,479,200

Prosecutorial and detainer expenses			4,801,000
Worker's compensation			12,649,900
GROSS APPROPRIATION		$	119,306,700
Appropriated from:
Federal revenues:
DOJ, prison rape elimination act grant			674,700
Special revenue funds:
Correctional industries revolving fund			10,020,400
Correctional industries revolving fund 110			721,600
Jail reimbursement program fund			5,900,000
State general fund/general purpose		$	101,990,000
Sec. 103. OFFENDER SUCCESS ADMINISTRATION
Full-time equated classified positions	337.9
Community corrections comprehensive plans and services		$	14,198,100
Education/skilled trades/career readiness programs--FTEs	259.9		38,065,000
Enhanced food technology program--FTEs	11.0		1,638,400
Goodwill Flip the Script			1,250,000
Nation Outside			2,000,000
Offender success community partners			16,225,000
Offender success federal grants			751,000
Offender success programming			16,122,800
Offender success services--FTEs	67.0		17,523,800
Probation residential services			14,575,500
Public safety initiative			4,000,000
GROSS APPROPRIATION		$	126,349,600
Appropriated from:

Federal revenues:
DOJ, prisoner reintegration			751,000
Federal education funding			1,596,600
State general fund/general purpose		$	124,002,000
Sec. 104. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions	1,880.5
Criminal justice reinvestment		$	3,748,400
Field operations--FTEs	1,849.5		227,263,200
Parole board operations--FTEs	31.0		3,931,800
Parole/probation services			940,000
Residential alternative to prison program			1,500,000
GROSS APPROPRIATION		$	237,383,400
Appropriated from:
Special revenue funds:
Community tether program reimbursement			275,000
Reentry center offender reimbursements			10,000
Supervision fees			6,630,500
Supervision fees set-aside			940,000
State general fund/general purpose		$	229,527,900
Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions	669.0
Central records--FTEs	43.0	$	4,888,800
Correctional facilities administration--FTEs	57.0		9,576,600
Housing inmates in federal institutions			511,000
Inmate housing fund			100
Inmate legal services			290,900
Leased beds and alternatives to leased beds			100
Prison food service--FTEs	324.0		74,359,000

Prison store operations--FTEs	33.0		3,461,100
Transportation--FTEs	212.0		31,637,200
GROSS APPROPRIATION		$	124,724,800
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			865,800
Resident stores			3,461,100
State general fund/general purpose		$	119,714,900
Sec. 106. HEALTH CARE
Full-time equated classified positions	1,548.3
Breast milk program--FTE	1.0	$	1,200,000
Clinical complexes--FTEs	1,033.3		154,280,900
Health care administration--FTEs	18.0		3,653,900
Healthy Michigan plan administration--FTEs	12.0		1,014,800
Hepatitis C treatment			10,499,100
Interdepartmental grant to health and human services, eligibility specialists			120,200
Mental health and substance use treatment services--FTEs	484.0		68,341,100
Prisoner health care services			105,531,600
Vaccination program			691,200
GROSS APPROPRIATION		$	345,332,800
Appropriated from:
Federal revenues:
Federal revenues and reimbursements			403,400

Special revenue funds:
Prisoner health care co-payments			257,200
State general fund/general purpose		$	344,672,200
Sec. 107. CORRECTIONAL FACILITIES
Full-time equated classified positions	8,378.3
Alger Correctional Facility - Munising--FTEs	259.0	$	32,504,800
Baraga Correctional Facility - Baraga--FTEs	295.8		38,658,600
Bellamy Creek Correctional Facility - Ionia--FTEs	416.2		50,683,300
Carson City Correctional Facility - Carson City--FTEs	421.4		52,061,800
Central Michigan Correctional Facility - St. Louis--FTEs	386.6		49,051,600
Charles E. Egeler Correctional Facility - Jackson--FTEs	386.6		48,856,100
Chippewa Correctional Facility - Kincheloe--FTEs	443.6		54,880,400
Cooper Street Correctional Facility - Jackson--FTEs	254.6		31,499,300
Detroit Detention Center--FTEs	75.8		9,518,900
Earnest C. Brooks Correctional Facility - Muskegon--FTEs	248.2		32,426,900
G. Robert Cotton Correctional Facility - Jackson--FTEs	396.0		48,392,000
Gus Harrison Correctional Facility - Adrian--FTEs	304.0		38,546,000
Ionia Correctional Facility - Ionia--FTEs	293.3		37,038,800
Kinross Correctional Facility - Kincheloe--FTEs	258.6		34,953,200

Lakeland Correctional Facility - Coldwater--FTEs	275.4		35,214,700
Macomb Correctional Facility - New Haven--FTEs	313.3		40,062,600
Marquette Branch Prison - Marquette--FTEs	319.7		40,454,400
Muskegon Correctional Facility - Muskegon--FTEs	208.0		28,215,400
Newberry Correctional Facility - Newberry--FTEs	199.1		26,125,200
Oaks Correctional Facility - Eastlake--FTEs	289.4		37,332,900
Parnall Correctional Facility - Jackson--FTEs	266.1		31,401,400
Richard A. Handlon Correctional Facility - Ionia--FTEs	268.3		34,553,300
Saginaw Correctional Facility - Freeland--FTEs	276.9		35,431,000
Special Alternative Incarceration Program - Jackson--FTEs	26.2		5,135,100
St. Louis Correctional Facility - St. Louis--FTEs	306.6		40,278,500
Thumb Correctional Facility - Lapeer--FTEs	283.6		36,075,600
Women's Huron Valley Correctional Complex - Ypsilanti--FTEs	505.1		63,238,600
Woodland Correctional Facility - Whitmore Lake--FTEs	296.9		39,005,500
Northern region administration and support--FTEs	43.0		4,563,900
Southern region administration and support--FTEs	61.0		20,255,300
GROSS APPROPRIATION		$	1,076,415,100
Appropriated from:
Federal revenues:
Coronavirus state fiscal recovery fund			700,000,000

DOJ, state criminal assistance program		1,034,800
Special revenue funds:
Local funds		9,518,900
State restricted fees, revenues and reimbursements		102,100
State general fund/general purpose	$	365,759,300
Sec. 108. INFORMATION TECHNOLOGY
Information technology services and projects	$	31,347,300
GROSS APPROPRIATION	$	31,347,300
Appropriated from:
Special revenue funds:
Correctional industries revolving fund 110		182,000
Supervision fees set-aside		714,800
State general fund/general purpose	$	30,450,500
Sec. 109. ONE-TIME APPROPRIATIONS
Chance for Life	$	500,000
Eastern Michigan pilot program		250,000
Goodwill Flip the Script		1,750,000
Improvements to staff areas in correctional facilities		1,500,000
GROSS APPROPRIATION	$	4,000,000
Appropriated from:
State general fund/general purpose	$	4,000,000

part 2

provisions concerning appropriations

for fiscal year 2023-2024

general sections

Sec. 201. In accordance with section 30 of article IX of the

state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2023-2024 is $1,349,922,300.00 and state spending from state sources to be paid to local units of government is $123,453,600.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF CORRECTIONS
Community corrections comprehensive plans and services	$	14,198,100
County jail reimbursement program		14,814,600
Field Operations		69,564,300
Leased beds and alternatives to leased beds		100
Prosecutorial and detainer expenses		4,801,000
Public safety initiative		4,000,000
Residential alternative to prison program		1,500,000
Residential probation diversions		14,575,500
TOTAL	$	$123,453,600

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) "Department" means the Michigan department of corrections.

(c) "Evidence-based" means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.

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

(e) "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.

(f) "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.

(g) "Recidivism" means that term as defined in section 1 of 2017 PA 5, MCL 798.31.

(h) "Serious emotional disturbance" means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.

(i) "Serious mental illness" means that term as defined in section 100d(4) of the mental health code, 1974 PA 258, MCL 330.1100d.

Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.

Sec. 205. Except as otherwise provided in this part, all reports required under this part 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.

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply:

(a) Funds appropriated in part 1 must 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.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.

Sec. 207. The department shall not take disciplinary action against an employee of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 208. 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 and to report recipients required in section 205 of this part. 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. 209. 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. 210. Not later than November 30, the state budget office shall prepare and transmit a report that provides 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. 211. (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 authorization. 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 authorization. These funds are not available for expenditure until they have been transferred to another line

item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 212. 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. 213. 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. 214. 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. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in geographically disadvantaged business enterprises compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 217. (1) On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility. This report must include the following:

(a) A comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting period.

(b) A detailed accounting of all vacant positions that exist within the department.

(c) A detailed accounting of all correction officer positions at each correctional facility, including positions that are filled and vacant positions, by facility.

(d) A detailed accounting of all vacant positions that are health-care-related.

(e) A detailed accounting of vacant positions that are being held open for temporarily nonactive employees.

(2) By March 1, the department shall report the following information:

(a) Number of employees that were engaged in remote work in 2023.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(d) Reduced use of office space associated with remote work.

(3) As used in this section, "vacant position" means any position that has not been filled at any time during the past 12 calendar months.

Sec. 218. It is the intent of the legislature that the department maximize the efficiency of the state workforce, and, where possible, prioritize in-person work. The department must post its in-person, remote, or hybrid work policy on its website.

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. 221. 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. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, to the joint committee on administrative rules, and to report recipients required in section 205 of this part.

Sec. 223. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the senate and house appropriations committees and to report recipients required in section 205 of this part any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.

(c) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2023 and the total number of former department

employees that were remitted severance pay during the fiscal year ending September 30, 2023.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 225. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 226. 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. 227. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.

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. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies.

Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.

Sec. 305. Funds appropriated in part 1 for prosecutorial and detainer expenses shall be used to 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. The department shall provide fiduciary oversight of funds received under the local corrections officers training act,

2003 PA 125, MCL 791.531 to 791.546.

Sec. 307. From the funds appropriated in part 1, the department shall issue an annual report for all vendor contracts. 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. From the funds appropriated in part 1, the department shall ensure that a prisoner telephone system is maintained. The prisoner telephone system shall meet ongoing operational needs of the department while maintaining a low per-minute rate.

Sec. 309. From the funds appropriated in part 1, 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. 310. From the funds appropriated in part 1, the department shall issue a report for all correctional facilities by January 1 setting forth the following information for each facility:

(a) Name.

(b) Street address.

(d) Current maintenance costs.

(e) Any maintenance planned.

(f) Current utility costs.

(g) Expected future capital improvement costs.

(h) Current unspent balance of any authorized capital outlay projects, including the original authorized amount.

(i) Expected future useful life.

Sec. 313. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, peer support programs, and providing mental health programming for all department staff, including former employees.

(2) By December 15, the department shall submit a report on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming.

Sec. 314. From the funds appropriated in part 1 for new custody staff training, the department shall work to hire and train new corrections officers to address attrition of corrections officers and to decrease overtime costs. The department shall submit quarterly reports on new employee schools. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year:

(a) The number of new employee schools that took place and the location of each.

(b) The number of recruits that started in each employee school.

Sec. 315. From the funds appropriated in part 1, the department shall submit a quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees.

Sec. 316. From the funds appropriated in part 1, the department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:

(a) Providing continuing access to behavioral health, physical health, and medication needs through community-based providers.

(b) Establishing assistance program eligibility and participation.

(d) Providing ongoing cognitive and behavioral treatment programming in the community.

(e) Providing substance abuse testing and referrals for counseling services and treatment.

(f) Providing vocational skill training, job placement support, and monitoring employment attainment.

(g) Determining educational attainment and needs.

(h) Establishing accurate offender identification, criminal histories, and monitoring new criminal activity.

(i) Measuring and evaluating treatment programs and services in support of evidence-based practices.

Sec. 319. From the funds appropriated in part 1, the department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation, including explanations of the methodology and assumptions used in developing the projection updates.

Sec. 320. From the funds appropriated in part 1, the department shall provide a statistical report for the immediately preceding calendar year by June 30. The statistical report shall include, but not be limited to, the types of information as provided in the 2004 statistical report.

Sec. 321. From the funds appropriated in part 1, the department shall report the reincarceration recidivism rates of offenders based on available data.

Sec. 322. (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 the felon 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 departmental 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, the department shall report 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. 323. (1) From the funds appropriated in part 1, the department shall provide monthly email reports on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations.

(2) The department shall provide monthly email reports that 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, the number of beds in currently closed housing units by facility, and end-of-month data for the following:

(a) Parole populations.

(b) Probation populations, with identification of the number in special alternative incarceration.

number in special alternative incarceration.

Sec. 325. The department shall provide a quarterly report on the number of filled custody positions and the number of vacant custody positions, by facility and classification.

OFFENDER SUCCESS ADMINISTRATION

Sec. 401. (1) From the funds appropriated in part 1, the department shall provide a report on offender success expenditures and allocations by March 1 that includes details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider.

(2) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and materials necessary to complete the academic and jobs skills related programs. All funds received are appropriated and may be expended by the department.

Sec. 402. From the funds appropriated in part 1, the department shall partner with nonprofit faith-based, business and professional, civic, and community organizations for the purpose of providing 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. 403. 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. 404. (1) From the funds appropriated in part 1, the department shall design services for offender success and

vocational education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure the program provides relevant professional development opportunities to prisoners who 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.

(2) By March 1, the department shall provide a report detailing the results of the workforce development program.

Sec. 405. (1) Funds awarded for probation residential services in part 1 shall provide for a per diem reimbursement of not more than $65.00.

(2) Pursuant to an approved comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing 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. 406. (1) From the funds appropriated in part 1, the department shall report the following information for each county and counties consolidated for community corrections comprehensive plans:

(a) Approved technical assistance grants and community corrections comprehensive 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.

(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 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. 407. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under the public safety initiative in part 1 shall submit an annual report to the department that provides a detailed listing of expenditures made, the purposes for which the expenditures were made, specific services provided, and the number of individuals served. The department shall submit the report to the recipients listed in section 205.

(2) As a condition of receiving funding under the public safety initiative, any reports required in the prior fiscal year must be provided before funds may be disbursed for the current fiscal year.

Sec. 408. From the funds appropriated in part 1, the

department shall establish and maintain policies and procedures that assist prisoners with obtaining a birth certificate, duplicate Social Security card, if eligible, DD Form 214 or other military documentation, state identification card, and operator's license prior to parole or discharge.

Sec. 410. From the funds appropriated in part 1 for the enhanced food technology program, the department shall maintain a program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry. The department shall collaborate with restaurant industry stakeholders to provide job placement assistance to individuals on probation or parole.

Sec. 411. (1) From the funds appropriated in part 1 for offender success programming, the department shall establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid addicted offenders, as well as 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 assessment and treatment. The programs shall employ a multifaceted approach to treatment, including various forms of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, counseling, and postrelease referral to community-based providers. The department shall consider the use of long-acting injectable formulations, when clinically appropriate, of FDA-approved medication-assisted treatment for alcohol and opioid use disorder

when developing an offender's release plan.

(2) The department shall submit a report by December 1 on the number of offenders who received an injectable treatment for alcohol use disorder and the number that received an injectable treatment for opioid use disorder prior to release, the number of offenders that subsequently received treatment 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 during the prior fiscal year.

Sec. 412. 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. 413. (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 that serves a population of individuals 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.

(2) The program selected shall report by March 30 on program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.

Sec. 414. From the funds appropriated in part 1, the department shall report by March 1 on 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 not subsequently reenrolled, 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 identification of program outcomes for each academic and vocational program.

(f) 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. 415. 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.

Sec. 416. (1) Funds appropriated in part 1 for criminal justice reinvestment must be used only to fund data collection and evidence-based programs designed to reduce recidivism among prisoners, probationers, and parolees.

(2) Of the funds appropriated in part 1 for criminal justice reinvestment, at least $600,000.00 must be allocated to an organization that has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services include, 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 under this subsection, an organization must show at least 2 years' worth of data that demonstrate program success.

Sec. 417. (1) Funds appropriated in part 1 for Nation Outside must be used to implement a pilot program with the goal of creating a statewide peer-led reentry program, establishing industry standards for peer mentoring focused on reentry, and creating economic mobility for formerly incarcerated people through

workforce development. From the funds appropriated in part 1 for Nation Outside, the pilot program must enlist Wayne State University to perform an independent program evaluation of the pilot program.

(2) Funding must be used to provide peer-led group mentoring along with one-on-one mentoring to improve housing, education, employment, and access to health care and insurance. The pilot program must also strive to improve access to transportation, provide positive peer social support, and improve civic engagement outcomes.

(3) Upon completion of the independent program evaluation conducted by Wayne State University, the report of the evaluation must be made available to all members of the house and senate subcommittees on corrections.

FIELD OPERATIONS ADMINISTRATION

Sec. 502. From the funds appropriated in part 1, the department shall prepare individual reports by March 1 for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. 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.

(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. 503. (1) From the funds appropriated in part 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 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. 505. 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 ensure that goals the program attains must include the following:

(a) Participants that successfully complete the program.

(b) Participants that complete the program earn a nationally recognized credential for career and vocational programs.

(d) Reduction of the prison commitment rate for probation violators within the impacted geographical area.

HEALTH CARE

Sec. 601. By April 1, the department shall provide reports on the following:

(a) Physical and mental health care, pharmaceutical services, and durable medical equipment for prisoners. Reports must detail prior fiscal-year expenditures itemized by vendor, including a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical services, and durable medical equipment expenditures.

(b) Pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.

(c) The status of efforts to develop measurable data and outcomes for physical and mental health care within the prisoner population.

Sec. 602. (1) From the funds appropriated in part 1, the department shall assure that all prisoners, upon any health care treatment funded from appropriations in part 1, 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. 603. From the funds appropriated in part 1, the department shall provide a report by April 1 on prisoner health care utilization that includes the number of inpatient hospital days, outpatient visits, emergency room visits, prisoners receiving off-site inpatient medical care in the fiscal year, by facility, and a listing of the 10 most common ailments and treatments received by patients receiving off-site health care.

Sec. 604. 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. By February 15, the department shall issue a report for the prior fiscal year showing the total amount spent on specialty medication for the treatment of hepatitis C, the number of prisoners who 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. The report must include the hepatitis C status of all incoming prisoners, if known, and the number of prisoners who are reinfected while incarcerated

and require retreatment for hepatitis C. The report must also include the number of those treated and released and then retreated upon reincarceration.

Sec. 605. (1) From the funds appropriated in part 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) By February 1, the department shall provide a report on the utilization of Medicaid benefits for prisoners during the prior fiscal year.

Sec. 606. By March 1, the department shall report on the number of prisoners who received medication assisted therapies, the length of time on therapies, and the number of prisoners who have discontinued treatment while incarcerated.

Sec. 607. (1) Funds appropriated in part 1 for the breast milk program shall be used to fund a program to provide breast milk to the newborns of postpartum prisoners.

(2) The department must work in collaboration with Mama's Mobile Milk to develop a memorandum of understanding to ensure that every incarcerated individual who has given birth within the last 12 months has an opportunity to breastfeed the individual's infant

child, to express breast milk for the child, to express breast milk for disposal, and to provide the individual with necessary supplies, including a breast pump and appropriate, sanitary containers.

(3) Unexpended and unencumbered funds up to a maximum $1,200,000.00 in general fund/general purpose remaining in accounts appropriated in part 1 for the breast milk program are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the breast milk program until the work project has been completed. All of the following are in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the work project is to fund the cost of the breast milk program for postpartum prisoners.

(b) The work project will be accomplished by the department using its resources to collaborate with Mama's Mobile Milk to transport postpartum prisoners' breast milk to their newborn infants, consistent with the required memorandum of understanding prescribed in subsection (1) between the department and Mama's Mobile Milk.

(d) The tentative completion date is September 30, 2027.

CORRECTIONAL FACILITIES AND ADMINISTRATION

Sec. 701. (1) From the funds appropriated in part 1, the department shall report on the department's plans to eliminate programming for prisoners. The report shall be provided at least 30

days prior to program elimination.

(2) As used in this section, "programming for prisoners" means a department core program or career and technical education program funded in part 1.

Sec. 702. From the funds appropriated in part 1 for prison food service, the department shall report by January 15 on the following:

(a) Average per-meal cost for prisoner food service. Per-meal cost shall include all costs directly related to the provision of food for the prisoner population, 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.

(b) Food service-related contracts, including goods or services to be provided and the vendor.

Sec. 703. From the funds appropriated in part 1, the department shall submit a report on the cost per prisoner per day for each security custody level by January 15. This calculation shall include all actual direct and indirect costs for the previous fiscal year. To calculate the cost per prisoner per day, the department shall divide the prisoner-related costs by the total number of prisoner days for each custody level and correctional facility. For multilevel facilities, costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. Prisoner-related costs included in the cost per prisoner per day calculation shall include all expenditures for the following, from all fund sources:

(a) New custody staff training.

(b) Prison industries operations.

(d) Enhanced food technology program.

(e) Offender success programming.

(f) Central records.

(g) Correctional facilities administration.

(h) Housing inmates in federal institutions.

(i) Inmate legal services.

(j) Leased beds and alternatives to leased beds.

(k) Prison food service.

(l) Prison store operations.

(m) Transportation.

(n) Health care.

(o) Correctional facilities.

(p) Northern and southern region administration and support.

Sec. 704. 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. 705. The department shall allow the Michigan Braille transcribing fund program to operate at designated locations. The department shall continue to encourage the Michigan Braille transcribing fund program to produce high-quality materials for use by the visually impaired.

Sec. 706. (1) From the funds appropriated in part 1, the department shall report as follows:

(a) Within 72 hours of occurrence, any critical incident occurring at a correctional facility.

(b) By March 1, the number of critical incidents occurring each month at each facility during the immediately preceding calendar year, categorized by type and severity of each incident.

(c) The report must be distributed to the senate and house appropriations subcommittees on corrections, each member of the house and senate appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.

(2) As used in this section, "critical incident" includes a prisoner assault on staff that results in a serious physical injury to staff, an escape or attempted escape, a prisoner disturbance that causes facility operation concerns, and an unexpected death of a prisoner.

Sec. 707. From the funds appropriated in part 1, the department shall report by March 1 on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional facility.

Sec. 708. (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, sexual abuse prevention programming, substance use disorder programming, thinking for a change programming, and any other programming that is required as a condition of parole.

(2) To the extent feasible, the department shall consistently provide prisoner programming with the goal of having prisoners

complete recommended cognitive programming as early as possible during the prisoner's sentence to impact the prisoner's behavior while incarcerated. Nothing in this section should be deemed to make parole denial appealable in court.

(3) The department shall submit a quarterly report detailing enrollment in sex abuse prevention programming, violence prevention 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.

Sec. 710. From the funds appropriated in part 1, 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 funded from appropriations in part 1. 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. 711. From the funds appropriated in part 1, the department shall report by March 1 on the annual number of prisoners during the prior fiscal year in administrative segregation and, of those, the number 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. 712. 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 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. 713. From the funds appropriated in part 1, the department shall submit a report by April 1 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.

Sec. 714. (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. 716. From the funds appropriated in part 1, the department shall submit a report by May 1 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, and shall continue for each facility closed thereafter.

Sec. 717. 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.

Sec. 718. From the funds appropriated in part 1, the department shall report on the department's plans to close, consolidate, or relocate any correctional facility in the state. The report shall be provided at least 30 days prior to effective date of closure, consolidation, or relocation.

Sec. 719. The department shall consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional

facilities do not become a nuisance or danger to the community.

Sec. 720. From the funds appropriated in part 1, the department shall make an information packet for the families of incoming prisoners available on the department's website. The information packet shall be reviewed by February 1 and updated as necessary. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make telephone 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 may partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete.

ONE-TIME APPROPRIATIONS

Sec. 801. (1) Funds appropriated in part 1 for Chance for Life shall be used to contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification programs. The organization shall enter into a performance-based contract with the department that allows for payment based on the number of prisoners and parolees served according to the agreed upon program rules, as well as program outcomes.

(2) The objective of programming shall be to offer a progressive transformational program to individuals while they are

in prison in an effort to prepare them for a successful transition back into the community. The department shall select an organization that meets all of the following to provide the programming under this section:

(a) Has the purpose to increase community safety by reducing recidivism through providing evidence-based mentoring, employment soft skills training, job placement assistance, critical thinking skills, mediation, and conflict resolution training.

(b) Has experience offering programs to male and female prison populations in correctional facilities in this state.

(c) Has experience with and offers programming that includes the family in the reentry process using the family group decision-making for reintegration model, which focuses on 7 factors as a basis for successful family reintegration.

(d) Has experience with and offers programming that utilizes techniques to address post-prison adjustment disorders.

(3) Data collected in connection with the programming described in subsection (1) must be shared with an accredited state university for research purposes.

(4) The unexpended funds appropriated in part 1 for Chance for Life are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure until the project has been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to contract with an organization that provides prison-based rehabilitation programming, including educational, life skills, and behavioral modification

programs.

(b) The project will be accomplished by utilizing state employees or contracts.

(d) The tentative completion date for the project is September 30, 2027.

Sec. 802. From the funds appropriated in part 1 for the Eastern Michigan University pilot program, the university must provide a program in conjunction with the Women's Huron Valley Correctional Complex to provide incarcerated women an opportunity to participate in a comprehensive bachelor degree program through Eastern Michigan University. The program will provide a cohort of 20 students a total of 1,200 undergraduate credits as well as financial aid support, advising, curricular and program oversight, mentoring and tutoring in technology, and supplies.

Sec. 803. (1) In addition to the funds provided in part 1 for Flip the Script, the funding provided in one-time appropriations for Flip the Script must be used only for the purpose of expanding a program that serves a population of individuals aged 16 to 39 outside of the area currently served by the program described in section 413. 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.

(2) The report required in section 413 shall include the

expanded area's program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program.

Sec. 804. Funds appropriated in part 1 for improvements to staff areas in correctional facilities shall be used by the department to make upgrades to staff common areas, including staff break rooms, staff restrooms, and staff exercise rooms. Upgrades may include, but are not limited to, replacement of flooring, furniture, equipment, and fixtures.

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Bill Text: MI SB0191 | 2023-2024 | 102nd Legislature | Engrossed

Michigan Senate Bill 191

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