Bill Text: MI SB1190 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; judiciary; judiciary budget; 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 [SB1190 Detail]
Download: Michigan-2009-SB1190-Introduced.html
SENATE BILL No. 1190
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 judicial branch for the
fiscal year ending September 30, 2011; to provide for the
expenditure of these appropriations; to place certain restrictions
on the expenditure of these appropriations; to prescribe the powers
and duties of certain state and local departments, officials, and
employees; to require certain reports; and to provide for the
disposition of fees and other income received by the judicial
branch.
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 judicial
branch 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:
JUDICIARY
APPROPRIATION SUMMARY:
Full-time equated exempted positions............ 491.0
GROSS APPROPRIATION.................................... $ 258,823,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,553,500
ADJUSTED GROSS APPROPRIATION........................... $ 255,270,300
Federal revenues:
Total federal revenues................................. 5,376,500
Special revenue funds:
Total local revenues................................... 6,340,400
Total private revenues................................. 842,500
Total other state restricted revenues.................. 89,979,800
State general fund/general purpose..................... $ 152,731,100
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 243.0
Supreme court administration--97.0 FTE positions....... $ 10,648,900
Judicial institute--13.0 FTE positions................. 2,537,700
State court administrative office--60.0 FTE positions.. 11,048,200
Judicial information systems--22.0 FTE positions....... 3,075,500
Direct trial court automation support--36.0 FTE
positions............................................ 6,340,400
Foster care review board--12.0 FTE positions........... 1,258,700
Community dispute resolution--3.0 FTE positions........ 2,322,500
Other federal grants................................... 275,100
Drug treatment courts.................................. 5,103,100
GROSS APPROPRIATION.................................. $ 42,610,100
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan state police......................... 1,800,000
IDG from department of corrections..................... 1,030,000
IDG from state police - Michigan justice training fund. 300,000
Federal revenues:
DOJ, victims assistance programs....................... 50,000
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 1,300,000
HHS, access and visitation grant....................... 387,000
HHS, children's justice grant.......................... 206,300
HHS, court improvement project......................... 1,160,000
HHS, title IV-D child support program.................. 907,700
HHS, title IV-E foster care program.................... 540,400
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 6,340,400
Private................................................ 169,000
Private - interest on lawyers trust accounts........... 232,700
Private - state justice institute...................... 370,800
Community dispute resolution fund...................... 2,322,500
Law exam fees.......................................... 536,200
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 227,900
Justice system fund.................................... 700,000
State court fund....................................... 339,000
State general fund/general purpose..................... $ 21,194,600
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 190.0
Court of appeals operations--190.0 FTE positions....... $ 18,515,100
GROSS APPROPRIATION.................................... $ 18,515,100
Appropriated from:
Special revenue funds:
Court filing/motion fees............................... 1,958,500
Miscellaneous revenue.................................. 77,800
State general fund/general purpose..................... $ 16,478,800
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,147,200
GROSS APPROPRIATION.................................... $ 8,147,200
Appropriated from:
State general fund/general purpose..................... $ 8,147,200
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 615.0
Supreme court justices' salaries--7.0 judges........... $ 1,152,300
Court of appeals judges' salaries--28.0 judges......... 4,240,300
District court judges' state base salaries--258.0
judges............................................... 23,877,200
District court judicial salary standardization......... 11,796,800
Probate court judges' state base salaries--103.0
judges............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judges' state base salaries--219.0
judges............................................... 20,675,900
Circuit court judicial salary standardization.......... 10,036,400
Judges' retirement system defined contributions........ 3,837,600
OASI, social security.................................. 5,375,900
GROSS APPROPRIATION.................................... $ 95,290,000
Appropriated from:
Special revenue funds:
Court fee fund......................................... 7,090,200
State general fund/general purpose..................... $ 88,199,800
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 974,700
GROSS APPROPRIATION.................................... $ 974,700
Appropriated from:
State general fund/general purpose..................... $ 974,700
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 47.0
Appellate public defender program--39.0 FTE positions.. $ 5,192,000
Appellate assigned counsel administration--8.0 FTE
positions............................................ 918,000
GROSS APPROPRIATION.................................... $ 6,110,000
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 423,500
Federal revenues:
Other federal grant revenues........................... 250,000
Special revenue funds:
Private - interest on lawyers trust accounts........... 70,000
Miscellaneous revenue.................................. 113,100
State general fund/general purpose..................... $ 5,253,400
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 64,274,700
Judicial technology improvement........................ 4,815,000
GROSS APPROPRIATION.................................... $ 69,089,700
Appropriated from:
Special revenue funds:
Court equity fund...................................... 51,792,100
Judicial technology improvement fund................... 4,815,000
State general fund/general purpose..................... $ 12,482,600
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drug case-flow program................................. $ 250,000
Drunk driving case-flow program........................ 3,300,000
Juror compensation reimbursement....................... 6,600,000
GROSS APPROPRIATION.................................... $ 10,150,000
Appropriated from:
Special revenue funds:
Drug fund.............................................. 250,000
Drunk driving fund..................................... 3,300,000
Juror compensation fund................................ 6,600,000
State general fund/general purpose..................... $ 0
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 $242,710,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $121,582,400. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office...................... $ 511,900
Drug treatment courts.................................. 4,803,100
TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 64,274,700
Judicial technology improvement fund................... 4,815,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization......... $ 11,796,800
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,700
Circuit court judicial salary standardization.......... 10,036,400
Grant to OASI contribution fund, employers share,
social security...................................... 896,900
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program........................ $ 3,300,000
Drug case-flow program................................. 250,000
Juror compensation reimbursement....................... 6,600,000
TOTAL.................................................. $ 121,582,400
Sec. 202. (1) The appropriations authorized under this bill
are subject to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the
judicial branch shall not be expended or transferred to another
account without written approval of the authorized agent of the
judicial entity. If the authorized agent of the judicial entity
notifies the state budget director of its approval of an
expenditure or transfer, the state budget director shall
immediately make the expenditure or transfer. The authorized
judicial entity agent shall be designated by the chief justice of
the supreme court.
Sec. 203. As used in this bill:
(a) "DOJ" means the United States department of justice.
(b) "DOT" means the United States department of
transportation.
(c) "FTE" means full-time equated.
(d) "HHS" means the United States department of health and
human services.
(e) "IDG" means interdepartmental grant.
(f) "OASI" means old age survivor's insurance.
Sec. 208. The reporting requirements of this bill shall be
completed with the approval of, and at the direction of, the
supreme court. The judicial branch shall use the Internet to
fulfill the reporting requirements of this bill. This 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. 214. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 215. (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, the state court
administrative office shall prepare a travel report listing all
travel by judicial branch employees outside this state in the
immediately preceding fiscal year that was funded in whole or in
part with funds appropriated in the budget for the judicial branch.
The report shall be submitted to the senate and house of
representatives 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.
JUDICIAL BRANCH
Sec. 301. (1) Pursuant to appropriation in Part 1, the direct
trial court automation support program of the state court
administrative office shall recover direct and overhead costs from
trial courts by charging for services rendered. The fee shall cover
the actual costs incurred to the direct trial court automation
support program in providing the service, including development of
future versions of case management systems. A report of amounts
collected in excess of funds identified as user service charges in
part 1 shall be submitted to the state budget director and to the
house and senate appropriations subcommittees on judiciary 30 days
before expenditure by the direct trial court automation support
program.
(2) From funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office
shall provide to the state budget director, the senate and house
appropriations committees, and the senate and house fiscal agencies
before January 1 of each year a detailed list of user service
charges collected during the immediately preceding state fiscal
year.
Sec. 302. Funds appropriated within the judicial branch shall
not be expended by any component within the judicial branch without
the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the
judicial branch, $325,000.00 is allocated for circuit court
reimbursement under section 3 of 1978 PA 16, MCL 800.453, and
$186,900.00 is allocated for court of claims reimbursement under
section 6413 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.6413.
Sec. 306. The supreme court and the state court administrative
office shall continue to maintain, as a priority, the assisting of
local trial courts in improving the collection of judgments.
Sec. 308. If sufficient funds are not available from the court
fee fund to pay judges' compensation, the difference between the
appropriated amount from that fund for judges' compensation and the
actual amount available after the amount appropriated for trial
court reimbursement is made shall be appropriated from the state
general fund for judges' compensation.
Sec. 310. From the funds appropriated in part 1 for drug
treatment court programs, with the approval of and at the
discretion of the supreme court, the state court administrative
office shall evaluate and collect data on the performance of drug
treatment court programs. The state court administrative office
shall provide an annual review of the performance of drug courts as
prescribed in section 1078(6) of the revised judicature act of
1961, 1961 PA 236, MCL 600.1078. All of the following apply to that
annual review:
(a) It shall include measures of the impact of drug court
programs in changing offender criminal involvement (recidivism) and
substance abuse and in reducing prison admissions.
(b) It shall be completed no later than April 1 of each year
and shall also be provided to the senate and house appropriations
subcommittees on the judiciary, the senate and house fiscal
agencies, and the state budget director.
(c) The evaluation of a program funded with federal Byrne
funds shall be consistent with the requirements contained in the
federal Byrne grant for that program.
Sec. 311. (1) The funds appropriated in part 1 for drug
treatment courts shall be administered by the state court
administrative office to operate drug treatment court programs. A
drug treatment court shall be responsible for handling cases
involving substance abusing nonviolent offenders through
comprehensive supervision, testing, treatment services, and
immediate sanctions and incentives. A drug treatment court shall
use all available county and state personnel involved in the
disposition of cases including, but not limited to, parole and
probation agents, prosecuting attorneys, defense attorneys, and
community corrections providers. The funds may be used in
connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice
shall allocate sufficient funds for the judicial institute to
provide in-state training for those identified in subsection (1),
including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for
priority may be given to those courts where higher instances of
substance abuse cases are filed.
(4) The judiciary shall receive $1,800,000.00 in Byrne formula
grant funding as an interdepartmental grant from the department of
Michigan State Police to be used for drug treatment courts, to
assist in avoiding prison bed space growth for nonviolent offenders
in collaboration with the department of corrections.
Sec. 317. Funds appropriated in part 1 shall not be used for
the permanent assignment of state-owned vehicles to justices or
judges or any other judicial branch employee. This section does not
preclude the use of state-owned motor pool vehicles for state
business in accordance with approved guidelines.
Sec. 318. (1) The funds received by the judiciary from the
department of corrections, pursuant to the part 1 appropriation,
shall be utilized by the state court administrative office to
administer a pilot program to target high-risk offenders through
assessment, treatment, and accountability, with the goal of
reducing future criminal behavior. All funds shall be spent on
fulfilling the requirements of this section and treatment,
monitoring, and testing of offenders in the pilot program
administered by the state court administrative office.
(2) The pilot program shall adhere to the following criteria:
(a) A minimum of 3 pilot sites shall be selected by the state
court administrative office, at least 1 to be located in a major
metropolitan area.
(b) The pilot programs shall incorporate the principles and
practices of problem-solving courts developed by the national
association of drug court professionals, and they shall operate
pursuant to a written memorandum of understanding developed by the
stakeholders in the jurisdiction.
(c) Each pilot court team shall include, at a minimum, a
district and circuit judge, prosecutor, defense lawyer, treatment
provider, circuit court probation officer, district court probation
officer, community corrections representative, community mental
health representative, court administration, and community
representative.
(d) Before being enrolled in the pilot program, each
participant shall be administered a comprehensive and valid risk
and needs assessment. The assessment shall measure criminogenic and
psychosocial factors to determine which participants are at
significant risk of/for committing further crimes and are in need
of services.
(e) The pilot projects shall employ evidence-based practices
to develop a treatment plan in response to the assessment results.
(f) Each pilot project shall employ a case manager whose
duties shall include referral and linkage to community resources,
monitoring treatment plan requirements, data reporting, and other
responsibilities as assigned.
(3) The Michigan judicial institute shall provide appropriate
training for all personnel involved in the pilot program.
(4) The state court administrative office shall conduct a
process and outcome evaluation and a cost-benefit analysis of the
pilot programs and shall submit that analysis to the senate and
house appropriations subcommittees on the judiciary, the senate and
house fiscal agencies, and the state budget director by September
30, 2011.
