Bill Text: MI SB1184 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; corrections; department of corrections; provide for fiscal year 2010-2011. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-03-03 - Referred To Committee On Appropriations [SB1184 Detail]
Download: Michigan-2009-SB1184-Introduced.html
SENATE BILL No. 1184
EXECUTIVE BUDGET BILL
March 3, 2010, Introduced by Senators BRATER and SWITALSKI and referred to the Committee on Appropriations.
A bill to make appropriations for the department of
corrections and certain state purposes related to corrections for
the fiscal year ending September 30, 2011; to provide for the
expenditure of the appropriations; to provide for reports; to
provide for the creation of certain advisory committees and boards;
to prescribe certain powers and duties of the department of
corrections, certain other state officers and agencies, and certain
advisory committees and boards; to provide for the collection of
certain funds; and to provide for the disposition of fees and other
income received by certain state agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this bill,
the amounts listed in this part are appropriated for the department
of corrections for the fiscal year ending September 30, 2011, from
the funds indicated in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................. 39,160
Full-time equated unclassified positions......... 21.0
Full-time equated classified positions....... 14,609.3
GROSS APPROPRIATION.................................... $ 1,967,197,800
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 915,400
ADJUSTED GROSS APPROPRIATION........................... $ 1,966,282,400
Federal revenues:
Total federal revenues................................. 7,868,500
Special revenue funds:
Total local revenues................................... 443,100
Total private revenues................................. 0
Total other state restricted revenues.................. 82,066,300
State general fund/general purpose..................... $ 1,875,904,500
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 21.0
Full-time equated classified positions........... 55.0
Unclassified positions--21.0 FTE positions............. $ 1,812,100
Executive direction--55.0 FTE positions................ 6,798,600
Neal, et al. settlement agreement...................... 10,000,000
GROSS APPROPRIATION.................................... $ 18,610,700
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 18,610,700
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions........... 12.0
Mental health awareness training....................... 100,000
Prisoner reintegration programs........................ 55,744,700
Substance abuse testing and treatment services--12.0
FTE positions........................................ 19,075,000
Residential services................................... 18,075,500
Community corrections comprehensive plans and services. 13,958,000
Public education and training.......................... 50,000
Regional jail program.................................. 100
Felony drunk driver jail reduction and community
treatment program.................................... 1,740,100
County jail reimbursement program...................... 12,272,100
GROSS APPROPRIATION.................................... $ 121,015,500
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 1,178,900
Special revenue funds:
State restricted revenues and reimbursements........... 7,514,400
State general fund/general purpose..................... $ 112,322,200
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 177.9
Operations support administration--52.0 FTE positions.. $ 5,330,500
New custody staff training............................. 6,247,200
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 16,152,800
Bureau of fiscal management--93.9 FTE positions........ 9,161,600
Office of legal services--21.0 FTE positions........... 2,580,000
Internal affairs--11.0 FTE positions................... 1,191,500
Rent................................................... 2,095,200
Equipment and special maintenance...................... 2,425,500
Administrative hearings officers....................... 3,708,800
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,051,000
GROSS APPROPRIATION.................................... $ 53,494,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 298,400
Special revenue funds:
State restricted revenues and reimbursements........... 1,008,100
State general fund/general purpose..................... $ 52,187,700
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,215.9
Field operations--2,044.9 FTE positions................ $ 182,159,000
Parole board operations--51.0 FTE positions............ 4,828,700
Parole/probation services.............................. 2,243,500
Community re-entry centers--59.0 FTE positions......... 14,780,900
Electronic monitoring center--61.0 FTE positions....... 17,173,700
GROSS APPROPRIATION.................................... $ 221,185,800
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement......... 443,100
State restricted revenues and reimbursements........... 14,366,200
State general fund/general purpose..................... $ 206,376,500
Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION
Full-time equated classified positions........ 1,466.3
Correctional facilities administration--28.0 FTE
positions............................................ $ 5,966,700
Prison food service--416.0 FTE positions............... 74,035,100
Transportation--215.6 FTE positions.................... 23,230,300
Central records--53.5 FTE positions.................... 4,234,100
DOJ psychiatric plan - MDCH mental health services..... 50,727,300
DOJ psychiatric plan - MDOC staff and services--149.7
FTE positions........................................ 17,766,200
Inmate legal services.................................. 715,900
Loans to parolees...................................... 179,400
Housing inmates in federal institutions................ 793,900
Prison store operations--75.0 FTE positions............ 5,078,900
Prison industries operations--214.0 FTE positions...... 20,809,000
Education services and federal education grants--10.0
FTE positions........................................ 3,461,100
Federal school lunch program........................... 712,800
Leased beds and alternatives to leased beds............ 100
Inmate housing fund.................................... 100
MPRI education program--304.5 FTE positions............ 34,241,400
GROSS APPROPRIATION.................................... $ 241,952,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 617,000
Federal revenues:
Federal revenues and reimbursements.................... 5,208,200
Special revenue funds:
State restricted revenues and reimbursements........... 25,887,900
State general fund/general purpose..................... $ 210,239,200
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,173.0
Health care administration--14.0 FTE positions......... $ 3,171,800
Prisoner health care services.......................... 101,095,500
Vaccination program.................................... 691,200
Northern region clinical complexes--260.8 FTE
positions............................................ 30,384,300
Southeastern region clinical complexes--602.9 FTE
positions............................................ 94,678,200
Southwestern region clinical complexes--295.3 FTE
positions............................................ 36,965,200
GROSS APPROPRIATION.................................... $ 266,986,200
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 349,000
State general fund/general purpose..................... $ 266,637,200
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 12,917
Full-time equated classified positions........ 3,167.2
Alger maximum correctional facility - Munising--268.0
FTE positions........................................ $ 28,255,600
Average population................................ 889
Baraga maximum correctional facility - Baraga--332.1
FTE positions........................................ 32,990,700
Average population................................ 884
Chippewa correctional facility – Kincheloe--459.4 FTE
positions............................................ 48,360,200
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--355.0 FTE
positions............................................ 37,410,000
Average population.............................. 1,799
Marquette branch prison - Marquette--350.1 FTE
positions............................................ 39,399,600
Average population.............................. 1,201
Newberry correctional facility - Newberry--270.9 FTE
positions............................................ 27,439,800
Average population................................ 978
Oaks correctional facility - Eastlake--309.0 FTE
positions............................................ 35,533,800
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--208.9 FTE
positions............................................ 20,286,700
Average population.............................. 1,090
Pugsley correctional facility - Kingsley--224.0 FTE
positions............................................ 21,840,800
Average population.............................. 1,158
Saginaw correctional facility - Freeland--314.8 FTE
positions............................................ 32,983,100
Average population.............................. 1,480
Northern region administration and support--75.0 FTE
positions............................................ 6,013,600
GROSS APPROPRIATION.................................... $ 330,513,900
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 530,200
State general fund/general purpose..................... $ 329,983,700
Sec. 109. SOUTHEASTERN REGION CORRECTIONAL FACILITIES
Average population............................. 16,339
Full-time equated classified positions........ 4,050.5
Cooper Street correctional facility - Jackson--275.9
FTE positions........................................ $ 30,003,900
Average population.............................. 1,752
G. Robert Cotton correctional facility - Jackson--
405.5 FTE positions.................................. 40,893,900
Average population.............................. 1,854
Charles E. Egeler correctional facility - Jackson--
358.3 FTE positions.................................. 41,043,500
Average population.............................. 1,376
Gus Harrison correctional facility - Adrian--450.7 FTE
positions............................................ 47,631,400
Average population.............................. 2,342
Huron Valley correctional complex - Ypsilanti--650.6
FTE positions........................................ 70,344,200
Average population.............................. 1,872
Macomb correctional facility - New Haven--307.3 FTE
positions............................................ 31,172,400
Average population.............................. 1,374
Maxey/Woodland Center correctional facility - Whitmore
Lake--186.3 FTE positions............................ 16,756,100
Average population................................ 328
Mound correctional facility - Detroit--300.4 FTE
positions............................................ 27,725,800
Average population.............................. 1,051
Parnall correctional facility - Jackson--269.2 FTE
positions............................................ 28,395,100
Average population.............................. 1,712
Ryan correctional facility - Detroit--294.3 FTE
positions............................................ 30,785,100
Average population.............................. 1,059
Thumb correctional facility - Lapeer--288.0 FTE
positions............................................ 30,722,800
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--120.0 FTE positions................... 11,447,700
Average population................................ 400
Southeastern region administration and support--144.0
FTE positions........................................ 22,731,400
GROSS APPROPRIATION.................................... $ 429,653,300
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 1,481,400
Special revenue funds:
State restricted revenues and reimbursements........... 1,362,800
State general fund/general purpose..................... $ 426,809,100
Sec. 110. SOUTHWESTERN REGION CORRECTIONAL FACILITIES
Average population............................. 17,433
Full-time equated classified positions........ 3,718.7
Bellamy Creek correctional facility - Ionia--399.4 FTE
positions............................................ $ 38,780,300
Average population.............................. 1,850
Earnest C. Brooks correctional facility - Muskegon--
453.0 FTE positions.................................. 47,580,000
Average population.............................. 2,440
Carson City correctional facility - Carson City--458.1
FTE positions........................................ 48,793,700
Average population.............................. 2,440
Richard A. Handlon correctional facility - Ionia--
235.4 FTE positions.................................. 24,296,900
Average population.............................. 1,320
Ionia maximum correctional facility - Ionia--306.7 FTE
positions............................................ 31,140,800
Average population................................ 707
Lakeland correctional facility - Coldwater--474.8 FTE
positions............................................ 48,493,900
Average population.............................. 2,392
Michigan reformatory - Ionia--311.1 FTE positions...... 28,652,500
Average population.............................. 1,338
Muskegon correctional facility - Muskegon--238.0 FTE
positions............................................ 29,871,600
Average population.............................. 1,320
Pine River correctional facility - St. Louis--211.7
FTE positions........................................ 21,985,800
Average population.............................. 1,200
St. Louis correctional facility - St. Louis--528.5 FTE
positions............................................ 53,403,300
Average population.............................. 2,426
Southwestern region administration and support--102.0
FTE positions........................................ 17,399,900
GROSS APPROPRIATION.................................... $ 390,398,700
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 30,262,800
State general fund/general purpose..................... $ 360,135,900
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 22,857,500
GROSS APPROPRIATION.................................... $ 22,857,500
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 784,900
State general fund/general purpose..................... $ 22,072,600
Sec. 112. JUSTICE POLICY REFORMS
Average population............................ (7,529)
Full-time equated classified positions...... (1,427.2)
Reduction in prisoners due to policy changes--(1,745.2)
FTE positions........................................ $ (187,409,700)
Average population............................ (7,529)
Prisoner reintegration programs reinvestments.......... 22,650,000
GPS tether monitoring reinvestments--233.0 FTE
positions............................................ 27,867,800
Field operations reinvestments--85.0 FTE positions..... 7,421,600
GROSS APPROPRIATION.................................... $ (129,470,300)
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ (129,470,300)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2010-2011 is $1,957,970,800.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $92,562,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation
staff.................................................. $ 51,579,200
Public service work projects........................... 5,140,200
Community corrections comprehensive plans and services. 13,958,000
Community corrections residential services............. 18,075,500
Community corrections public education and training.... 50,000
Felony drunk driver jail reduction and community
treatment program...................................... 1,740,100
Community re-entry centers............................. 2,019,600
Regional jail program.................................. 100
TOTAL.................................................. $ 92,562,700
Sec. 202. The appropriations authorized under this bill are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this bill:
(a) "Department" or "MDOC" means the Michigan department of
corrections.
(b) "DOJ" means the United States department of justice.
(c) "FTE" means full-time equated.
(d) "GED" means general educational development certificate.
(e) "GPS" means global positioning system.
(f) "HIV" means human immunodeficiency virus.
(g) "IDG" means interdepartmental grant.
(h) "IDT" means intradepartmental transfer.
(i) "MDCH" means the Michigan department of community health.
(j) "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.
(k) "MDSP" means the Michigan department of state police.
(l) "MPRI" means the Michigan prisoner reentry initiative.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
authorized by section 5 of article XI of the constitution of 1963.
Payments shall be made for the total amount of the billing by the
end of the second fiscal quarter.
Sec. 208. The department receiving appropriations in part 1
shall use the Internet to fulfill the reporting requirements of
this bill. This requirement may include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement, or it may include placement of reports on an Internet
or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. (1) Individuals seeking employment with the
department shall submit to a controlled substance test administered
by the department under civil service rules and regulations and
applicable collective bargaining agreements.
(2) The department shall deny employment to individuals
seeking employment with the department who violate subsection (1)
or who submit to testing under subsection (1) but test positive for
the illicit use of a controlled substance.
Sec. 211. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, public work programs and services
provided to units of local government. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. Such user fees shall be
subject to provisions of an interagency agreement between the
department and the department of technology, management, and
budget.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) Not later than January 1 of each year, each department
shall prepare a travel report listing 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 standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 217. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities 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 deprived and
depressed communities for services, supplies, or both.
Sec. 222. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority 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 activities that the
attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 bill
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 bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
EXECUTIVE
Sec. 301. (1) 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.
(2) Information removed from the offender tracking information
system due to the expiration of 3 years following release of an
offender from the department's jurisdiction shall be retained by
the department and maintained in a password-protected archive.
Effective October 1, 2010, information in the archive shall be made
available upon payment of a fee as determined by the department.
Revenue collected under this section is appropriated for the costs
of the offender tracking information system, and any revenue
collected in excess of the costs of maintaining the offender
tracking information system is appropriated for information
technology costs. The department shall report on March 1, 2011 to
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, and the state budget director
on the fees charged and revenue collected under this section.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department.
PLANNING AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
Executive Budget to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The report shall include
explanations of the methodology and assumptions used in developing
the projection updates.
Sec. 402. Funds appropriated in part 1 for prisoner
reintegration programs shall be expended for the purpose of
reducing victimization by reducing repeat offending through the
following prisoner reintegration programming:
(a) The provision of employment or employment services and job
training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful
reintegration.
Sec. 403. By March 1, 2011, the department shall provide a
report on MPRI expenditures and allocations to the members of the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director. At
a minimum, the report shall include information on both of the
following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and projected expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider.
Sec. 404. (1) The department shall screen and assess each
prisoner for alcohol and other drug involvement to determine the
need for further treatment. The assessment process shall be
designed to identify the severity of alcohol and other drug
addiction and determine the treatment plan, if appropriate.
(2) The department shall provide substance abuse treatment to
prisoners with priority given to those prisoners who are most in
need of treatment and who can best benefit from program
intervention based on the screening and assessment provided under
subsection (1).
Sec. 405. (1) In expending residential substance abuse
treatment services funds appropriated under this bill, the
department shall ensure to the maximum extent possible that
residential substance abuse treatment services are available
statewide.
(2) By March 1, 2011, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the allocation, distribution, and expenditure of all funds
appropriated by the substance abuse testing and treatment line item
during fiscal year 2009-2010 and projected for fiscal year 2010-
2011. The report shall include, but not be limited to, an
explanation of an anticipated year-end balance, the number of
participants in substance abuse programs, and the number of
offenders on waiting lists for residential substance abuse
programs. Information required under this subsection shall, where
possible, be separated by MDOC administrative region and by
offender type, including, but not limited to, a distinction between
prisoners, parolees, and probationers.
(3) By March 1, 2011, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
substance abuse testing and treatment program objectives, outcome
measures, and results, including program impact on offender
behavior.
Sec. 408. The department shall measure the repeat offense
rates of offenders using at least a 3-year period following their
release from prison.
Sec. 409. The office of community corrections shall provide
and coordinate the delivery and implementation of services in
communities to facilitate successful offender reintegration into
the community. Programs and services to be offered shall include,
but are not limited to, technical assistance for comprehensive
corrections plan development, new program start-up funding, program
funding for those programs delivering services for eligible
offenders in geographic areas identified by the office of community
corrections as having a shortage of available services, technical
assistance, referral services for education, employment services,
and substance abuse and family counseling. As used in this bill:
(a) "Alternative to incarceration in a state facility or jail"
means a program that involves offenders who receive a sentencing
disposition that appears to be in place of incarceration in a state
correctional facility or jail based on historical local sentencing
patterns or that amounts to a reduction in the length of sentence
in a jail.
(b) "Goal" means the intended or projected result of a
comprehensive corrections plan or community corrections program to
reduce repeat offending, criminogenic and high-risk behaviors,
prison commitment rates, to reduce the length of stay in a jail, or
to improve the utilization of a jail.
(c) "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.
(d) "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.
(e) "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.
(f) "Offender target population" means felons or misdemeanants
who would likely be sentenced to imprisonment in a state
correctional facility or jail, who would not likely increase the
risk to the public safety based on an objective risk and needs
assessment that indicates that the offender can be safely treated
and supervised in the community.
(g) "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.
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 have
otherwise received an active sentence, including probation
violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house
otherwise prison-bound felons, and the second priority being to
appropriately utilize jail beds so that jail crowding does not
occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for
substance abuse violations.
(2) The award of community corrections comprehensive plans and
residential services funds shall be based on criteria that include,
but are not limited to, the prison commitment rate by category of
offenders, trends in prison commitment rates and jail utilization,
historical trends in community corrections program capacity and
program utilization, and the projected impact and outcome of annual
policies and procedures of programs on offender success, prison
commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $47.50.
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, which 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. The state community corrections board shall encourage
local community corrections advisory boards to include in their
comprehensive corrections plans strategies to collaborate with
local alcohol and drug treatment agencies of the MDCH for the
provision of alcohol and drug screening, assessment, case
management planning, and delivery of treatment to alcohol- and
drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified
in section 12(2) of the community corrections act, 1988 PA 511, MCL
791.412, that requires an analysis of the impact of that act on
prison admissions and jail utilization, the department shall submit
to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director the following information for each county and
counties consolidated for comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the
utilization level of each program, and profile information of
enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully
completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and
the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures,
average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, 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 basic
state-required jail data.
(2) The department is responsible for the collection,
analysis, and reporting of state-required jail data.
(3) As a prerequisite to participation in the programs and
services offered through the department, counties shall provide
basic 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 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 felons sentencing guidelines
recommended range lower limit is 12 months or less, the felon’s
sentence is not for commission of a crime in crime class G or crime
class H or a non-person 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.
(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 $60.00 per
diem per diverted offender for offenders with a presumptive prison
guideline score, $50.00 per diem per diverted offender for
offenders with a straddle cell guideline for a group one crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group two crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) 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 reimbursement are received. A request
shall be considered to be properly documented if it meets MDOC
requirements for documentation. The department shall by October
15, 2010 distribute the documentation requirements to all counties.
(5) As used in this section:
(a)"Group one 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 two crime" means a crime that is not a group one
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 either is housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff’s electronic monitoring
system.
Sec. 416. (1) Funds included in part 1 for the felony drunk
driver jail reduction and community treatment program are
appropriated for and may be expended for any of the following
purposes:
(a) To increase availability of treatment options to reduce
drunk driving and drunk driving-related deaths by addressing the
alcohol addiction of felony drunk drivers who otherwise likely
would be sentenced to jail or a combination of jail and other
sanctions.
(b) To divert from jail sentences or to reduce the length of
jail sentences for felony drunk drivers who otherwise would have
been sentenced to jail and whose recommended minimum sentence
ranges under sentencing guidelines established under chapter XVII
of the code of criminal procedure, 1927 PA 175, MCL 777.1 to
777.69, have upper limits of 18 months or less or the lower limit
of the sentencing range is one year or less and the upper limit of
the range is more than 18 months and the prior record variable is
less than 35 points, through funding programs that may be used in
lieu of incarceration and that increase the likelihood of
rehabilitation.
(c) To provide a policy and funding framework to make
additional jail space available for housing convicted felons whose
recommended minimum sentence ranges under sentencing guidelines
established under chapter XVII of the code of criminal procedure,
1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or
less and who likely otherwise would be sentenced to prison, with
the aim of enabling counties to meet or exceed amounts received
through the county jail reimbursement program during fiscal year
2002-2003 and reducing the numbers of felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony
drunk driver jail reduction and community treatment program shall
be by grant awards consistent with standards developed by a
committee of the state community corrections advisory board. The
chairperson of the committee shall be the board member representing
county sheriffs. Remaining members of the committee shall be
appointed by the chairperson of the board.
(3) In developing annual standards, the committee shall
consult with interested agencies and associations. Standards
developed by the committee shall include application criteria,
performance objectives and measures, funding allocations, and
allowable uses of the funds, consistent with the purposes specified
in this section.
(4) Allowable uses of the funds 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.
(5) The standards developed by the committee shall assign each
county a maximum funding allocation based on the amount the county
received under the county jail reimbursement program in fiscal year
2001-2002 for housing felony drunk drivers whose recommended
minimum sentence ranges under the sentencing guidelines described
in subsection (1)(c) had upper limits of 18 months or less.
(6) Awards of funding under this section shall be provided
consistent with the local comprehensive corrections plans developed
under the community corrections act, 1988 PA 511, MCL 791.401 to
791.414. Funds awarded under this section may be used in
conjunction with funds awarded under grant programs established
under that act. Due to the need for felony drunk drivers to be
transitioned from county jails to community treatment services,
local units of government shall utilize funds received under this
section to support county sheriff departments.
(7) As used in this section, "felony drunk driver" means a
felon convicted of operating a motor vehicle under the influence of
intoxicating liquor or a controlled substance, or both, third or
subsequent offense, under section 625(9)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.625, or its predecessor statute,
punishable as a felony.
Sec. 418. (1) The department shall ensure that each prisoner
make all reasonable efforts to obtain the documents necessary to
obtain a state operator's license or state identification card
prior to a prisoner's discharge or parole hearing. The process for
prisoners to acquire this documentation shall be part of the
department's operating procedure.
(2) The department shall cooperate with MDCH to maintain a
process by which prisoners can obtain their birth certificates.
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, and the state
budget director on prisoner, parolee, and probationer populations
by facility, and prison capacities.
(2) The department shall provide quarterly electronic mail
reports to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director. The reports shall include information on end-of-
month prisoner populations in county jails, the net operating
capacity according to the most recent certification report,
identified by date, and end-of-month data, year-to-date data, and
comparisons to the prior year for the following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number
of lifers.
(e) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(f) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community
placement, total movements to parole, prison intake, prisoner
deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(g) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new
sentences, total prison intake, returns from court with additional
sentences, community placement returns, technical parole violator
returns, and total returns to prison and camp.
Sec. 421. Of the funds appropriated in part 1, $100,000.00 is
appropriated for the purpose of providing an IDG to the MDSP for
the purpose of providing grants for training teams of law
enforcement officers and mental health treatment providers. The
teams shall be trained in effective and safe ways of assisting
people with mental illness during law enforcement contacts and
directing people with mental illness to treatment programs. Mental
health awareness training shall be incorporated into continuing
education for all law enforcement officers in the state.
Sec. 424. (1) From the funds appropriated in part 1 for
residential services, the department shall develop and implement,
in collaboration with the judiciary and as approved by the state
court administrative office, a demonstration project based on
evidence-based practices related to judicial and case management
interventions that have been proven to increase public safety for
high-risk, high-need probationers as determined by a validated risk
and need assessment instrument. As used in this section,
"probationer" means a circuit court probationer serving a probation
sentence for a crime.
(2) The demonstration project shall be implemented in 4 areas
of the state identified jointly by the department and the state
court administrative office. Preference shall be given to locations
that are representative of areas with high rates of violent crimes
as described in the council of state governments' justice center
report on analyses of crime, community corrections, and sentencing
policies in this state.
(3) The primary goal of the demonstration project is to reduce
crime and revictimization by high-risk, high-need probationers. The
secondary goal of the demonstration project is to reduce
expenditures for long-term incarceration.
(4) The demonstration project may provide up to 6 months of
residential services, and treatment methods, and interventions that
are evidence-based, including, but not limited to, the following:
(a) Risk/needs assessment.
(b) Motivational techniques.
(c) Type, intensity, and duration of treatment based on each
probationer's risk and needs and delivered consistent with
evidence-based practices.
(5) The department shall implement the evidence-based practice
of collaborative case management and utilize the services of the
department and of local community corrections consistent with the
local comprehensive corrections plan developed under the community
corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(6) The department shall assign a probation officer to the
demonstration project to supervise a specialized caseload for high-
risk, high-need probationers. All probation officers supervising a
specialized caseload under this section shall receive substantial
education and training on issues of substance abuse, mental health,
and drug and alcohol testing.
(7) The probation officer shall work in cooperation with the
local judiciary and the community corrections advisory board in a
collaborative effort toward the goals of promoting probationer
success and reducing crime and revictimization.
(8) The probation officer assigned to the demonstration
project shall comply with supervision requirements established for
the demonstration project by the field operations administration
deputy director.
(9) The department shall identify and coordinate information
for each local jurisdiction selected for the demonstration project
regarding the rate of incarceration of high-risk, high-need
probationers to ensure that appropriate probationers are targeted
for the demonstration project.
(10) From the funds appropriated in part 1 for public
education and training, the department shall collaborate with the
local judiciary, community corrections advisory board, and service
providers to develop and provide appropriate training for all local
stakeholders involved in the demonstration project described in
this section.
(11) From the funds provided to the local jurisdiction for the
demonstration project, the department shall collaborate with the
local judiciary and the community corrections advisory board to
develop and implement an evaluation of the demonstration project
that will show the impact of the project on the arrests,
convictions, technical violations, and commitments to prison of the
demonstration project participants. This evaluation shall be
performed in accordance with department of corrections policy and
procedure on evaluation design in cooperation with the office of
research and planning.
(12) By May 1, 2011, the department shall report to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on the
status of the demonstration project prescribed under this section,
including information on all of the following:
(a) Demonstration project locations and participating courts.
(b) The number of probationers participating in the pilot
categorized by location and offense.
(c) Evaluation status and methodology.
(d) Preliminary results, if any.
OPERATIONS AND SUPPORT ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for
prosecutorial and detainer expenses, the department shall reimburse
counties for housing and custody of parole violators and offenders
being returned by the department from community placement who are
available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs'
coordinating and training office are appropriated for and may be
expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections
officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers
advisory board, and the sheriffs' coordinating and training council
under the local corrections officers training act, 2003 PA 125, MCL
791.531 to 791.546.
Sec. 503. Funds appropriated in part 1 for administrative
hearings officers are appropriated as an interdepartmental grant to
the department of energy, labor, and economic growth for the
purpose of funding administrative hearings officers for
adjudication of grievances pertaining to the department of
corrections. The department shall not expend appropriations from
part 1 to satisfy charges from the department of energy, labor, and
economic growth for administrative hearings officers in excess of
the amount expressly appropriated by this bill for the
administrative hearings officers unless funding is transferred into
this line under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec. 505. The department shall train 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.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. 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 results of the audit shall be submitted to the senate
and house appropriations subcommittees on corrections and the
senate and house fiscal agencies, and the state budget office by
May 31, 2011.
Sec. 602. (1) Of the amount appropriated in part 1 for field
operations, a sufficient amount shall be allocated for the
community service work program and shall be used for salaries and
wages and fringe benefit costs of community service coordinators
employed by the department to supervise offenders participating in
work crew assignments. Funds shall also be used to cover motor
transport division rates on state vehicles used to transport
offenders to community service work project sites.
(2) The community service work program shall provide offenders
with community service work of tangible benefit to a community
while fulfilling court-ordered community service work sanctions and
other postconviction obligations.
(3) As used in this section, "community service work" means
work performed by an offender in an unpaid position with a
nonprofit or tax-supported or government agency for a specified
number of hours of work or service within a given time period.
Sec. 603. (1) All prisoners, probationers, and parolees
involved with the electronic tether program shall reimburse the
department for costs associated with their participation in the
program where possible.
(2) Program participant contributions and local community
tether program reimbursement for the electronic tether program
appropriated in part 1 are related to program expenditures and may
be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate
funding to implement the community tether program to be
administered by the department. The community tether program is
intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards
access to the state's electronic tether program to reduce prison
admissions and improve local jail utilization. The department shall
determine the appropriate distribution of the tether units
throughout the state based upon locally developed comprehensive
corrections plans under the community corrections act, 1988 PA 511,
MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department
shall provide counties with the tether equipment, replacement
parts, administrative oversight of the equipment's operation,
notification of violators, and periodic reports regarding county
program participants. Counties are responsible for tether equipment
installation and service. For an additional fee as determined by
the department, the department shall provide staff to install and
service the equipment. Counties are responsible for the
coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days
shall be considered in violation of the community tether program
agreement and lose access to the program.
Sec. 608. By March 1, 2011, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the use of electronic monitoring. At a minimum, the report shall
include all of the following:
(a) Details on the failure rate of parolees for whom GPS
tether is utilized, including the number and rate of parolee
technical violations, including specifying failures due to
committing a new crime that is uncharged but leads to parole
termination, and the number and rate of parolee violators with new
sentences.
(b) Information on the factors considered in determining
whether an offender is placed on active GPS tether, passive GPS
tether, radio frequency tether, or some combination of these or
other types of electronic monitoring.
(c) Monthly data on the number of offenders on active GPS
tether, passive GPS tether, radio frequency tether, and any other
type of tether.
Sec. 611. The department shall prepare by March 1, 2011
individual reports for the community reentry program, the
electronic tether program, and the special alternative to
incarceration program. The reports shall be submitted to the house
and senate appropriations subcommittees on corrections, the house
and senate fiscal agencies, and the state budget director. Each
program's report shall include information on all of the following:
(a) Monthly new participants by type of offender. Community
re-entry program participants shall be categorized by reason for
placement. For technical rule violators, the report shall sort
offenders by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since
release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics
for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for
offenders being sentenced to prison as a result of technical
probation violations and technical parole violations. To the extent
the department has insufficient policies or resources to affect the
continued increase in prison commitments among these offender
populations, the department shall explore other policy options to
allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through
private agencies that may be used as prison alternatives for these
offenders.
(2) To the extent policies or programs described in subsection
(1) are used, developed, or contracted for, the department may
request that funds appropriated in part 1 be transferred under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393, for their operation.
(3) The department shall continue to utilize parole violator
processing guidelines that require parole agents to utilize all
available appropriate community-based, nonincarcerative postrelease
sanctions and services when appropriate. The department shall
periodically evaluate such guidelines for modification, in response
to emerging information from the demonstration projects for
substance abuse treatment provided under this bill and applicable
provisions of prior budget acts for the department.
(4) The department shall provide quarterly reports to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director on
the number of all parolees returned to prison and probationers
sentenced to prison for either a technical violation or new
sentence during the preceding calendar quarter. The reports shall
include the following information each for probationers, parolees
after their first parole, and parolees who have been paroled more
than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original
versus new offenses by major offense type: assaultive,
nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of
violation, including, but not limited to, zero gun tolerance and
substance abuse violations. For parole technical rule violators,
the report shall list violations by type, by length of time since
release from prison, by the most recent violation, and by the
number of violations occurring since release from prison.
(c) The educational history of those offenders, including how
many had a GED or high school diploma prior to incarceration in
prison, how many received a GED while in prison, and how many
received a vocational certificate while in prison.
(d) The number of offenders who participated in the MPRI
versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment
programs, or both, while in prison, itemized by diagnosis.
HEALTH CARE
Sec. 801. The department shall not expend funds appropriated
under part 1 for any surgery, procedure, or treatment to provide or
maintain a prisoner's sex change unless it is determined medically
necessary by the chief medical officer of the department.
Sec. 802. The department shall provide the senate and house of
representatives appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director
with all of the following:
(a) Semi-annual reports on physical and mental health care by
specialty that would include date of onset, diagnosis and
treatment. This would be done by generating a representative
sample from the regions.
(b) Regular updates on progress on requests for proposals and
requests for information pertaining to prisoner health care and
mental health care, until the applicable contract is approved.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on
prisoner health care utilization. The report shall include the
number of inpatient hospital days, outpatient visits, and emergency
room visits in the previous quarter and since October 1, 2010, by
facility.
Sec. 805. The bureau of health care services shall develop
information on hepatitis C and HIV prevention and the risks
associated with exposure to hepatitis C and HIV. The health care
providers shall disseminate this information verbally and in
writing to each prisoner at the health screening and full health
appraisal conducted at admissions, at the annual health care
screening 30 days before or after a prisoner's birthday, and prior
to release to the community by parole, transfer to community
residential placement, or discharge on the maximum sentence.
Sec. 806. (1) From the funds appropriated in part 1, the
department shall require a hepatitis C antibody test and an HIV
test for each prisoner prior to release to the community by parole,
transfer to community residential placement, or discharge on the
maximum sentence. The department shall require an HIV test and a
hepatitis C risk factor screening for each prisoner at the health
screening at admissions. If hepatitis C risk factors are
identified, the department shall offer the prisoner a hepatitis C
antibody test. An explanation of results of the tests shall be
provided confidentially to the prisoner, and if appropriate based
on the test results, the prisoner shall also be provided a
recommendation to seek follow-up medical attention.
(2) By March 1, 2011, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house appropriations subcommittees on community health,
the senate and house fiscal agencies, and the state budget director
on the number of offenders tested and the number of offenders
testing positive for HIV, the hepatitis C antibody, or both at
prison admission and parole, transfer to community residential
placement, or discharge on the maximum sentence. The department
shall keep records of those offenders testing positive for HIV, the
hepatitis C antibody, or both at prison admission, parole, transfer
to community residential placement, and discharge. These records
shall clearly state the date each test was performed.
(3) The department shall keep records of the following:
(a) The number of offenders testing positive for the hepatitis
C antibody who do not receive treatment due to refusal.
(b) The number of offenders achieving a sustained viral
response from hepatitis C treatment.
(c) Cost and duration of treatment by offender as allowable by
privacy law.
Sec. 807. The department shall ensure that all medications for
a prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another. Prisoners
being released shall be provided with a supply of medication to
allow for continuity of care in the community.
Sec. 809. The department, in conjunction with efforts to
implement the MPRI, shall cooperate with the MDCH to share data and
information as they relate to prisoners being released who are HIV
positive or positive for the hepatitis C antibody. By March 1,
2011, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director on all of the
following:
(a) Programs and the location of programs implemented as a
result of the work under this section.
(b) The number of prisoners released to the community by
parole, discharge on the maximum sentence, or transfer to community
residential placement who are HIV positive, positive for the
hepatitis C antibody, or both.
(c) The number of offenders referred to the local public
health department office by parole office.
Sec. 812. (1) The department shall provide the department of
human services with a monthly list of prisoners newly committed to
the department of corrections. The department and the department of
human services shall enter into an interagency agreement under
which the department of human services provides the department of
corrections with monthly lists of newly committed prisoners who are
eligible for Medicaid benefits in order to maintain the process by
which Medicaid benefits are suspended rather than terminated. The
department shall assist prisoners who may be eligible for Medicaid
benefits after release from prison with the Medicaid enrollment
process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director with an annual
update on the issue of utilization of Medicaid benefits for
prisoners.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 902. From the funds appropriated in part 1, the
department shall allocate sufficient funds to develop a
demonstration children's visitation program. The demonstration
program shall teach parenting skills and arrange for day visitation
at these facilities for parents and their children, except for the
families of prisoners convicted of a crime involving criminal
sexual conduct in which the victim was less than 18 years of age or
involving child abuse.
Sec. 903. Except as otherwise provided in this section, the
department shall prohibit prisoners' access to or use of the
Internet or any similar system. Under adequate supervision and with
security precautions that ensure appropriate computer use by
prisoners, the department may allow a prisoner access to or use of
the Internet for the purposes of educational programming,
employment training, job searches, or other Internet-based programs
and services consistent with programming objectives, efficient
operations, and the safety and security of the institution.
Sec. 904. Any department employee who, in the course of his or
her job, is determined by a physician to have had a potential
exposure to the hepatitis B virus, shall receive a hepatitis B
vaccination upon request.
Sec. 905. (1) The inmate housing fund shall be used for the
custody, treatment, clinical, and administrative costs associated
with the housing of prisoners other than those specifically
budgeted for elsewhere in this bill. Funding in the inmate housing
fund is appropriated into a separate control account. Funding in
the control account shall be distributed as necessary into separate
accounts created to separately identify costs for specific
purposes.
(2) Quarterly reports on all expenditures from the inmate
housing fund shall be submitted by the department to the state
budget director, the senate and house appropriations subcommittees
on corrections, and the senate and house fiscal agencies.
Sec. 906. The department shall establish a uniform rate to be
paid by public and private agencies that benefit from public work
services provided by special alternative incarceration participants
and prisoners.
Sec. 907. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, and the state budget director on
academic/vocational programs. The report shall provide information
relevant to an assessment of the department's academic and
vocational programs, including, but not limited to, the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a GED.
(e) An explanation of the value and purpose of each program,
e.g., to improve employability, reduce recidivism, reduce prisoner
idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason those prisoners
have not obtained a GED.
Sec. 911. By March 1, 2011, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, and the state budget director the
number of critical incidents occurring each month by type and the
number and severity of assaults occurring each month at each
facility during calendar year 2010.
Sec. 924. The department shall evaluate all prisoners at
intake for substance abuse disorders, developmental disorders, and
serious mental illness. Prisoners with serious mental illness shall
not be confined in administrative segregation due to behavior that
is symptomatic of serious mental illness. Under the supervision of
a mental health professional, a prisoner with serious mental
illness may be secluded in a therapeutic environment for the safety
of the prisoner or others. A prisoner in seclusion shall be
evaluated every 12 hours by a mental health professional in order
to remain in seclusion. As used in this section:
(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) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
Sec. 928. Funding appropriated in part 1 for consent decree
line items is appropriated into separate control accounts created
for each line item. Funding in each control account shall be
distributed as necessary into separate accounts created for the
purpose of separately identifying costs and expenditures associated
with each consent decree.
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 19 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 19 years of age.
(b) Provide appropriate placement for prisoners less than 19
years of age who have serious mental illness or a developmental
disorder and who need to be housed separately from the general
population. Prisoners less than 19 years of age who have serious
mental illness or a developmental disorder shall not be placed in
administrative segregation due to behavior that is symptomatic of
serious mental illness. Under the supervision of a mental health
professional, a prisoner less than 19 years of age with serious
mental illness may be secluded in a therapeutic environment for the
safety of the prisoner or others. A prisoner in seclusion shall be
evaluated every 12 hours by a mental health professional in order
to remain in seclusion. As used in this section:
(i) "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.
(ii) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 19 years old for supervised re-
entry.
