FY 2021-22: DEPARTMENT OF CORRECTIONS
Summary: As Passed by the House
House Bill 4396 (H-1) As Amended
Analyst: Robin R. Risko
Difference: House
FY 2020-21 YTD FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 From FY 2020-21 YTD
as of 2/11/21 Executive House Senate Conference Amount %
IDG/IDT $0 $0 $0 $0 --
Federal 196,370,900 5,364,100 808,364,100 611,993,200 311.7
Local 9,680,600 9,646,100 9,646,100 (34,500) (0.4)
Private 0 0 0 0 --
Restricted 45,478,500 45,493,400 45,493,400 14,900 0.0
GF/GP 1,809,258,400 2,018,523,400 1,213,869,400 (595,389,000) (32.9)
Gross $2,060,788,400 $2,079,027,000 $2,077,373,000 $16,584,600 0.8
FTEs 13,702.8 13,500.4 13,495.4 (207.4) (1.5)
0.8
Notes: (1) FY 2020-21 year-to-date figures include mid-year budget adjustments through February 11, 2021. (2) Appropriation
figures for all years include all proposed appropriation amounts, including amounts designated as “one-time.”
Overview
The Michigan Department of Corrections (MDOC) is responsible for operation and maintenance of the state’s 28
correctional facilities that house felony offenders sentenced to prison. This includes provision of physical and mental
health care, education, food service, transportation, and reintegration programming. The department is also responsible
for supervision of all parolees and probationers under the department’s jurisdiction and has oversight over community
corrections programs and other programs designed to encourage alternatives to prison placement for appropriate
offenders. As of May 1, 2021, the department was responsible for 77,808 Michigan offenders: 32,841 prisoners, 32,565
probationers, and 12,402 parolees. From 1 year ago, the total number of offenders decreased by 12,652, or by 14.0%.
The number of prisoners decreased by 4,144, or 11.2%, the number of probationers decreased by 8,010, or 19.7%, and
the number of parolees decreased by 498, or 3.9%.
FY 2020-21 FY 2021-22
Year-to-Date House
Major Budget Changes from FY 2020-21 YTD Appropriations (as of 2/11/21 Change
1. Restore GF for Payroll for Frontline Workers – Fund Shift Gross $0 $0
Executive restores $191.0 million GF/GP that was reduced from the FY Federal 191,000,000 (191,000,000)
2020-21 budget and replaced with federal Coronavirus Relief Fund GF/GP ($191,000,000) $191,000,000
revenue. Federal funding was allocated to support payroll costs for
frontline workers throughout the department, but primarily at correctional
facilities. Federal funding has been exhausted and GF/GP needs to be
restored for ongoing departmental payroll costs. House concurs.
2. John and Jane Does v Department of Corrections Settlement Gross NA $0
Executive includes $40.0 million GF/GP to support the final 2 payments GF/GP NA $0
of the John and Jane Does v Department of Corrections settlement
agreement. The remaining payments will be made on October 15, 2021
($25.0 million) and on October 15, 2022 ($15.0 million). The case
involved approximately 1,300 members that were incarcerated October
2010 through the date of the settlement, March 2020. The lawsuits
claimed a variety of injuries including sexual assault and harassment,
inappropriate use of segregation, and deprivation of educational and
rehabilitative experiences due to the young age of the members. The
case settled for $80.0 million total inclusive of attorney fees and costs.
House does not include funding in the FY 2021-22 appropriations bill for
the department. Instead, House proposes to include funding in a
supplemental appropriations bill.
House Fiscal Agency 1 5/14/2021
FY 2020-21 FY 2021-22
Year-to-Date House
Major Budget Changes from FY 2020-21 YTD Appropriations (as of 2/11/21 Change
3. Savings from Closure of the Detroit Reentry Center FTE 202.4 (202.4)
Executive reflects a net reduction of $10.5 million GF/GP and 202.4 FTE Gross $10,523,600 ($10,523,600)
positions resulting from closure of the Detroit Reentry Center on January GF/GP $10,523,600 ($10,523,600)
9, 2021. The savings amount is the net amount that results from reduced
costs for operations and administration at the center, a shift of funding
for the prisoner dialysis unit that was transferred to the Woodland
Correctional Facility, and a shift of funding for the parole violators who
were transferred to the Macomb Correctional Facility. House concurs.
4. Training for New Custody Staff Gross $13,850,100 $7,373,700
Executive includes $7.4 million GF/GP to train additional corrections GF/GP $13,850,100 $7,373,700
officers in an effort to reduce the number of vacant positions and meet
projected attrition needs. Funding supports salary and payroll costs of
new officers while they participate in training, as well as costs for
uniforms, training materials, certifications, food, travel, and lodging. In
FY 2019-20, an average of 52 custody staff left the department each
month. With $7.4 million added to the FY 2020-21 base of $13.9 million,
and with expenditure of carried forward work project account funding
from prior years, the department will be able to train an estimated 800
new officers in FY 2021-22. House concurs.
5. Employee Wellness Programming FTE 6.0 1.0
Executive includes $809,400 GF/GP to support additional employee Gross $1,190,600 $930,300
wellness resources and support services for department employees. GF/GP $1,190,600 $930,300
House includes $930,300 GF/GP and authorization for 1.0 additional
FTE position to support expanded employee wellness resources and
support services.
6. Administrative Hearing Caseload Increase Gross $3,200,300 $0
Executive restores $204,000 of GF/GP that was reduced from the FY GF/GP $3,200,300 $0
2020-21 budget as part of statewide budget reductions. Funding would
be used to support departmental billings for administrative hearings
through the LARA Michigan Office of Administrative Hearings and Rules.
The number of hearings increased by over 9% from 2019 to 2020.
House does not restore funding.
7. Transportation Costs for Prison Industries Gross NA $72,000
Executive includes an additional $72,000 in state restricted funding Restricted NA 72,000
authorization for Prison Industries Operations to cover increased GF/GP NA $0
transportation costs resulting from moving more of MSI-made goods
sold to correctional facilities. House concurs.
8. Economic Adjustments Gross NA ($4,696,900)
Executive reflects a net reduction of $4.7 million Gross ($4.6 million Federal NA (6,800)
GF/GP) for negotiated salary and wage increases (2.0% on October 1, Local NA (34,500)
2021 and 1.0% on April 1, 2022), actuarially required retirement Restricted NA (57,100)
contributions, worker’s compensation, building occupancy charges, and GF/GP NA ($4,598,500)
other economic adjustments. House concurs.
9. Eliminate Current Year One-Time Funding Gross $15,000,000 ($15,000,000)
Executive reduces the budget by $15.0 million GF/GP to reflect GF/GP $15,000,000 ($15,000,000)
elimination of one-time funding included in the FY 2020-21 budget.
Eliminated funding was for the third payment of the John and Jane Does
v Department of Corrections settlement agreement. House concurs.
10. Technical Adjustments Gross NA $0
Executive makes internal FTE adjustments, funding adjustments, and GF/GP NA $0
transfers throughout the budget, which have no overall Gross or GF/GP
impact. Adjustments are made to more accurately reflect employee
counts and where expenditures occur. House concurs.
House Fiscal Agency 2 5/14/2021
FY 2020-21 FY 2021-22
Year-to-Date House
Major Budget Changes from FY 2020-21 YTD Appropriations (as of 2/11/21 Change
11. Coronavirus State Fiscal Recovery Funds for Payroll Gross NA $0
Executive makes no recommendation. House includes $764.0 million of Federal NA 764,000,000
federal Coronavirus State Fiscal Recovery Funds and reduces GF/GP GF/GP NA ($764,000,000)
by a like amount. Funding will be allocated to support payroll costs for
frontline workers throughout the department, but primarily at correctional
facilities.
12. Coronavirus State Fiscal Recovery Funds for Annual Leave Gross NA $34,000,000
Executive makes no recommendation. House includes $34.0 million of Federal NA 34,000,000
federal Coronavirus State Fiscal Recovery Funds to support costs of GF/GP NA $0
restoring personal sick and annual leave time for corrections officers and
other affected field staff, consistent with provisions included in the Family
First Coronavirus Response Act, Public Law 116-127, that were
implemented for employer-required quarantines.
13. Coronavirus State Fiscal Recovery Funds for County Jails Gross NA $5,000,000
Executive makes no recommendation. House includes $5.0 million of Federal NA 5,000,000
federal Coronavirus State Fiscal Recovery Funds to reimburse county GF/GP NA $0
jails for housing offenders at county jails who otherwise would have been
transferred to correctional facilities if not for Executive Order 2020-170.
The order suspended transfers of offenders until all COVID-related risk
reduction and testing protocols were met.
14. Unclassified Positions FTE 16.0 (5.0)
Executive makes no recommendation. House reflects a savings of Gross $1,971,300 ($750,000)
$750,000 GF/GP from reducing the number of authorized unclassified GF/GP $1,971,300 ($750,000)
positions by 5.0 positions.
15. Public Safety Initiative Gross $4,000,000 ($200,000)
Executive makes no recommendation. House reduces funding for the GF/GP $4,000,000 ($200,000)
Public Safety Initiative line item by $200,000 GF/GP.
16. Goodwill Flip the Script Gross $1,250,000 $250,000
Executive makes no recommendation. House includes an additional GF/GP $1,250,000 $250,000
$250,000 GF/GP for the Goodwill Flip the Script program.
17. Criminal Justice Reinvestment Gross $3,748,400 $250,000
Executive makes no recommendation. House includes an additional GF/GP $3,748,400 $250,000
$250,000 for the Criminal Justice Reinvestment line item, as well as
boilerplate requiring the $250,000 to be allocated to the EXIT program
administered by the Muskegon County Jail.
18. Budget and Operations Administration FTE 241.0 (1.0)
Executive makes no recommendation. House reduces funding by Gross $34,669,500 ($120,900)
$120,900 and FTE position authorization by 1.0 and transfers the GF/GP $34,669,500 ($120,900)
funding and FTE position to the Employee Wellness Programming line
item.
Major Boilerplate Changes from FY 2020-21
GENERAL SECTIONS
Sec. 206. Disciplinary Action Against State Employees and Prisoners – RETAINED
Prohibits MDOC from taking disciplinary action against classified civil service employees or prisoners for communicating
with legislators or their staff unless the communication is prohibited by law and MDOC is exercising its authority. Executive
deletes. House retains.
House Fiscal Agency 3 5/14/2021
Major Boilerplate Changes from FY 2020-21
Sec. 210. Contingency Funding – RETAINED
Appropriates up to $2.5 million in federal contingency funds; authorizes expenditure of funds after legislative transfer to
specific line items. Executive revises to appropriate up to $10.0 million in federal, up to $10.0 million in state restricted,
up to $2.0 million in local, and up to $2.0 million in private contingency funds. House retains current law.
Sec. 216. FTE Positions, Long-Term Vacancies, and Remote Work – RETAINED
Requires MDOC to report on the number of FTE positions in pay status by civil service classification, including an
accounting of all vacant positions, all vacant and filled corrections officer positions by facility, all vacant healthcare-related
positions, and all vacant positions being held open for temporarily non-active employees; requires a report on the number
of full-time positions authorized compared to the actual number employed by line item, number of employees authorized
to work remotely and number of employees working remotely, estimated cost savings achieved by remote work, and
reduced use of office space associated with remote work. Executive deletes. House retains.
Sec. 217. Coronavirus Relief Fund Appropriations – DELETED
Unappropriates any Coronavirus Relief Fund appropriations for which expenditures have not been incurred as of
December 30 and reappropriates them for deposit into the Unemployment Compensation Fund to support costs incurred
due to the COVID-19 pandemic. Executive deletes. House deletes.
Sec. 218. State Administrative Board Transfers – RETAINED
Authorizes the legislature, by a concurrent resolution adopted by a majority of members elected to and serving in each
house, to inter-transfer funds if the State Administrative Board transfers funds. Executive deletes. House retains.
Sec. 219. Prison Telephone Contract and Program and Special Equipment Fund – REVISED
Requires prisoner telephone service contract to contain a condition that prisoner telephone fees be the same as those
applying outside of institutions, except for surcharges needed to meet program and special equipment costs; requires
revenue from surcharges to be used for prisoner programming, special equipment, and security projects; authorizes carry
forward of unexpended revenue; requires a report on revenues and expenditures. Executive retains. House revises to
require not less than 75% of surcharge revenue to be used for prisoner programming.
Sec. 221. Receipt and Retention of Reports – RETAINED
Requires MDOC to follow federal and state guidelines for short-term and long-term retention of records; authorizes MDOC
to electronically retain copies of reports unless otherwise required by federal and state guidelines. Executive deletes.
House retains.
Sec. 222. Report on Policy Changes Made to Implement Public Acts – DELETED
Requires MDOC to report on each specific policy change made by the department to implement a public act affecting the
department. Executive deletes. House deletes.
Sec. 223. Severance Pay for Department Officials – NEW
Requires MDOC to report on any amounts of severance pay agreed to for a department director, deputy director, or other
high-ranking department official; requires report to include name of the official and amount of severance pay; requires
MDOC to maintain an internet site that posts any severance pay in excess of 6 weeks of wages for any former department
employee receiving severance pay; requires report on total amount of severance pay remitted and total number of former
employees that were remitted severance pay during the prior fiscal year; defines severance pay. Executive does not
include new language. House includes new language.
Sec. 224. COVID-19 Vaccine Protocol – NEW
Prohibits any department, agency, board, commission, subdivision, or other executive branch entity or official of the state
that receives funding from the bill from doing the following: requiring that an individual provide proof of receiving a COVID-
19 vaccine as a condition of accessing state services or facilities; produce, develop, and issue a COVID-19 vaccine
passport for the purposes of certifying that an individual has received a vaccine; provide information of an individual's
vaccine status for