HB-5406, As Passed Senate, May 19, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5406
A bill to make, supplement, and adjust appropriations for
various state departments and agencies for the fiscal year ending
September 30, 2010; and to provide for the expenditure of the
appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the various state
departments and agencies to supplement appropriations for the
fiscal year ending September 30, 2010, from the following funds:
APPROPRIATION SUMMARY
Full-time equated positions..................... 238.0
GROSS APPROPRIATION.................................... $ 28,380,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 28,380,000
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 26,174,400
State general fund/general purpose..................... $ 2,205,600
Sec. 102. DEPARTMENT OF CORRECTIONS
(1) APPROPRIATION SUMMARY
Full-time equated positions..................... 238.0
Average population.............................. 1,320
GROSS APPROPRIATION.................................... $ 28,380,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 28,380,000
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 26,174,400
State general fund/general purpose..................... $ 2,205,600
(2) PLANNING AND COMMUNITY SUPPORT
County jail reimbursement program...................... $ 9,720,000
GROSS APPROPRIATION.................................... $ 9,720,000
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 7,514,400
State general fund/general purpose..................... $ 2,205,600
(3) SOUTHWESTERN REGION CORRECTIONAL FACILITIES
Full-time equated positions..................... 238.0
Average population.............................. 1,320
Muskegon correctional facility - Muskegon--238.0 FTE
positions............................................ $ 18,660,000
GROSS APPROPRIATION.................................... $ 18,660,000
Appropriated from:
Special revenue funds:
State restricted revenues and reimbursements........... 18,660,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources in this appropriation act for the fiscal year
House Bill No. 5406 (H-1) as amended March 9, 2010
ending September 30, 2010 is $28,380,000.00 and state
appropriations paid to local units of government are $9,720,000.00.
Sec. 202. The appropriations made and expenditures authorized
under this act and the departments, commissions, boards, offices,
and programs for which appropriations are made under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
DEPARTMENT OF CORRECTIONS
Sec. 301. (1) The department of corrections 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 felon's sentencing guidelines
recommended range lower limit is 12 months or less, [the felon's prior
record variable score is 35 or more points, and] the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F under chapter XVII of
the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months.
(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 1 crime, and
$35.00 per diem per diverted offender for offenders with a straddle
cell guideline for a group 2 crime. Reimbursements shall be paid
for sentences up to a 1-year total.
(4) Except as otherwise provided in subsection (5), county
jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program.
Except for reimbursements made under 2009 PA 104, reimbursement
shall be made only for days that offenders described in subsection
(2) were in the custody of the sheriff on or after January 1, 2010.
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 department of corrections
requirements for documentation. The department of corrections
shall, within 15 days of the effective date of this act, distribute
the documentation requirements to all counties.
(5) Every quarter, the subcommittee chair that sponsored the
current fiscal year budget act for the department of corrections
shall convene a reimbursement committee consisting of the chairs of
the senate and house appropriations subcommittees on corrections, 1
representative from the department of corrections, the state budget
office, the Michigan association of counties, and the Michigan
sheriffs association for the purpose of reviewing payment of all
eligible and properly documented reimbursement requests that comply
with the reimbursement criteria in subsections (1) through (3). The
reimbursement committee shall be convened on the first business day
of each fiscal quarter. If the committee determines that the
current appropriation will not cover all eligible reimbursement
costs, the state budget office shall request a legislative transfer
from other appropriation line items in the department of
corrections budget to the county jail reimbursement program line
item to cover the additional costs.
(6) As used in this section:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement
program in fiscal year 2007 and fiscal year 2008, and listed in the
county jail reimbursement program document titled "FY 2007 and FY
2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and is either housed in
the county jail or has been released from jail and is being
monitored through the use of the sheriff's electronic monitoring
system.
Sec. 302. Funds appropriated in part 1 for the Muskegon
correctional facility shall be used for custody, treatment,
clinical, and administrative costs associated with the housing of
prisoners from other states.