Bill Text: MI HB4238 | 2019-2020 | 100th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appropriations: zero budget; judiciary; provide for fiscal year 2019-2020. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-10-08 - Disapproved Line Item(s) Re-referred To Committee On Appropriations [HB4238 Detail]

Download: Michigan-2019-HB4238-Engrossed.html

HB-4238, As Passed House, June 11, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4238

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the judiciary for the fiscal

 

year ending September 30, 2020; 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 judiciary for the

 

fiscal year ending September 30, 2020, from the following funds:

 

JUDICIARY

 

APPROPRIATION SUMMARY

 

   Full-time equated exempted positions............ 503.0

 

GROSS APPROPRIATION.................................... $    308,180,300

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental


   transfers............................................         1,551,700

 

ADJUSTED GROSS APPROPRIATION........................... $    306,628,600

 

   Federal revenues:

 

Total federal revenues.................................         5,748,400

 

   Special revenue funds:

 

Total local revenues...................................         6,505,300

 

Total private revenues.................................           994,300

 

Total other state restricted revenues..................        94,785,900

 

State general fund/general purpose..................... $    198,594,700

 

   Sec. 102.  SUPREME COURT

 

   Full-time equated exempted positions............ 251.0

 

Community dispute resolution--3.0 FTE positions........ $      3,271,600

 

Direct trial court automation support--44.0 FTE

 

   positions............................................         6,505,300

 

Drug treatment courts..................................        11,833,000

 

Foster care review board--10.0 FTE positions...........         1,325,600

 

Judicial information systems--24.0 FTE positions.......         4,298,600

 

Judicial institute--13.0 FTE positions.................         1,854,600

 

Mental health courts and diversion services—1.0 FTE

 

   position.............................................         5,466,800

 

Next generation Michigan court system..................         4,116,000

 

Other federal grants...................................           275,100

 

State court administrative office--64.0 FTE positions..        11,466,600

 

Supreme court administration--92.0 FTE positions.......        14,224,100

 

Swift and sure sanctions program.......................         3,499,900

 

Veterans courts........................................           936,400

 

GROSS APPROPRIATION.................................... $     69,073,600


    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of corrections.....................            51,700

 

IDG from department of state police....................         1,500,000

 

   Federal revenues:

 

DOJ, drug court training and evaluation................           300,000

 

DOT, National Highway Traffic Safety Administration....         1,942,800

 

HHS, access and visitation grant.......................           488,300

 

HHS, children's justice grant..........................           241,700

 

HHS, court improvement project.........................           927,100

 

HHS, title IV-D child support program..................           822,400

 

HHS, title IV-E foster care program....................           403,500

 

Other federal grant revenues...........................           275,100

 

   Special revenue funds:

 

Local - user fees......................................         6,505,300

 

Private................................................           198,100

 

Private - interest on lawyers' trust accounts..........           273,100

 

Private - state justice institute......................           436,100

 

Community dispute resolution fund......................         2,400,000

 

Court of appeals filing/motion fees....................         1,450,000

 

Drug court fund........................................         1,920,500

 

Justice system fund....................................           595,700

 

Law exam fees..........................................           742,000

 

Miscellaneous revenue..................................           245,900

 

State court fund.......................................           397,600

 

State general fund/general purpose..................... $     46,956,700

 

   Sec. 103.  COURT OF APPEALS


   Full-time equated exempted positions............ 175.0

 

Court of appeals operations--175.0 FTE positions....... $      24,835,200

 

GROSS APPROPRIATION.................................... $     24,835,200

 

    Appropriated from:

 

State general fund/general purpose..................... $     24,835,200

 

   Sec. 104.  BRANCHWIDE APPROPRIATIONS

 

   Full-time equated exempted positions.............. 4.0

 

Branchwide appropriations--4.0 FTE positions........... $       8,952,400

 

GROSS APPROPRIATION.................................... $      8,952,400

 

    Appropriated from:

 

State general fund/general purpose..................... $      8,952,400

 

   Sec. 105.  JUSTICES' AND JUDGES' COMPENSATION

 

   Full-time judges positions...................... 587.0

 

Supreme court justices' salaries--7.0 justices......... $      1,152,300

 

Circuit court judges' state base salaries--217.0

 

   judges...............................................        22,939,900

 

Circuit court judicial salary standardization..........         9,922,100

 

Court of appeals judges' salaries--25.0 judges.........         4,097,700

 

District court judges' state base salaries--235.0

 

   judges...............................................        24,424,000

 

District court judicial salary standardization.........        10,745,200

 

Probate court judges' state base salaries--103.0

 

   judges...............................................        10,802,900

 

Probate court judicial salary standardization..........         4,669,600

 

Judges' retirement system defined contributions........         4,974,800

 

OASI, Social Security..................................         6,280,000

 

GROSS APPROPRIATION.................................... $    100,008,500


    Appropriated from:

 

   Special revenue funds:

 

Court fee fund.........................................         3,329,400

 

State general fund/general purpose..................... $     96,679,100

 

   Sec. 106.  JUDICIAL AGENCIES

 

   Full-time equated exempted positions.............. 7.0

 

Judicial tenure commission--7.0 FTE positions.......... $       1,264,200

 

GROSS APPROPRIATION.................................... $      1,264,200

 

    Appropriated from:

 

State general fund/general purpose..................... $      1,264,200

 

   Sec. 107.  INDIGENT DEFENSE - CRIMINAL

 

   Full-time equated exempted positions............. 53.0

 

Appellate public defender program--53.0 FTE positions.. $       8,227,900

 

GROSS APPROPRIATION.................................... $      8,227,900

 

    Appropriated from:

 

   Federal revenues:

 

Other federal grant revenues...........................           347,500

 

   Special revenue funds:

 

Private - interest on lawyers' trust accounts..........            87,000

 

Miscellaneous revenue..................................           168,300

 

State general fund/general purpose..................... $      7,625,100

 

   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

 

   Full-time equated exempted positions.............. 6.0

 

Court equity fund reimbursements....................... $     60,815,700

 

Drug case-flow program.................................           250,000

 

Drunk driving case-flow program........................         3,300,000

 

Judicial technology improvement fund...................         4,815,000

 

Juror compensation reimbursement—1.0 FTE position......         6,602,900

 

Statewide e-file system--5.0 FTE positions.............        10,191,600

 

GROSS APPROPRIATION.................................... $     85,975,200

 

    Appropriated from:

 

   Special revenue funds:

 

Court equity fund......................................        50,440,000

 

Drug fund..............................................           250,000

 

Drunk driving fund.....................................         3,300,000

 

Electronic filing fee fund.............................        10,191,600

 

Judicial technology improvement fund...................         4,815,000

 

Juror compensation fund................................         6,602,900

 

State general fund/general purpose..................... $     10,375,700

 

   Sec. 110.  ONE-TIME APPROPRIATIONS

 

   Full-time equated exempted positions.............. 7.0

 

Compliance with Montgomery v Louisiana--7.0 FTE

 

   positions............................................ $        700,000

 

Judicial tenure commission.............................           100,000

 

Michigan supreme court public website upgrade..........         1,106,300

 

GROSS APPROPRIATION.................................... $      1,906,300

 

    Appropriated from:


State general fund/general purpose..................... $      1,906,300

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2019-2020

 

GENERAL SECTIONS

 

     Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2019-2020 is $293,380,600.00 and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2019-2020 is $145,489,400.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

JUDICIARY

 

SUPREME COURT

 

Drug treatment courts.................................. $      8,158,000

 

Mental health courts and diversion services............         5,466,800

 

Next generation Michigan court system..................         4,116,000

 

Swift and sure sanctions program.......................         3,399,900

 

Veterans courts........................................           936,400

 

COURT OF APPEALS

 

Court of appeals operations............................ $        200,000

 

JUSTICES' AND JUDGES' COMPENSATION

 

Circuit court judicial salary standardization.......... $      9,922,100

 

District court judicial salary standardization.........        10,745,200

 

Probate court judges' state base salaries..............        10,802,900

 


Probate court judicial salary standardization..........         4,669,600

 

OASI, Social Security..................................         1,097,300

 

TRIAL COURT OPERATIONS

 

Court equity fund reimbursements....................... $     60,815,700

 

Drug case-flow program.................................           250,000

 

Drunk driving case-flow program........................         3,300,000

 

Judicial technology improvement fund...................         4,815,000

 

Juror compensation reimbursement.......................         6,602,900

 

Statewide e-file system................................        10,191,600

 

TOTAL.................................................. $    145,489,400

 

     Sec. 202. (1) The appropriations authorized under this part

 

and part 1 are subject to the management and budget act, 1984 PA

 

431, MCL 18.1101 to 18.1594.

 

     (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 part and part 1:

 

     (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.

 

     (g) "SADO" means the state appellate defender office created

 

under the appellate defender act, 1978 PA 620, MCL 780.711 to

 

780.719.

 

     (h) "Title IV-D" means the part of the federal social security

 

act, 42 USC 301 to 1397mm, pertaining to the child support

 

enforcement program.

 

     (i) "Title IV-E" means the part of the federal social security

 

act, 42 USC 301 to 1397mm, pertaining to the foster care program.

 

     Sec. 204. The reporting requirements of this part shall be

 

completed with the approval of, and at the direction of, the

 

supreme court, except as otherwise provided in this part. The

 

judicial branch shall use the internet to fulfill the reporting

 

requirements of this part. 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. 205. 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. 207. Not later than January 1 of each year, the state

 

court administrative office shall prepare a report on out-of-state

 

travel 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 appropriations committees, the senate and house fiscal

 

agencies, and the state budget office. The report shall include the

 

following information:

 

     (a) The dates of each travel occurrence.

 

     (b) 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.

 

     Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major program or program areas. The report shall be

 

transmitted to the chairpersons of the senate and house

 

appropriations committees and the senate and house fiscal agencies.

 

     Sec. 211. From the funds appropriated in part 1, the judicial


branch shall maintain a searchable website accessible by the public

 

at no cost that includes all expenditures made by the judicial

 

branch within a fiscal year. The posting shall include the purpose

 

for which each expenditure is made. The judicial branch shall not

 

provide financial information on its website under this section if

 

doing so would violate a federal or state law, rule, regulation, or

 

guideline that establishes privacy or security standards applicable

 

to that financial information.

 

     Sec. 212. Within 14 days after the release of the executive

 

budget recommendation, the judicial branch shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

committee chairs, the senate and house appropriations subcommittee

 

chairs, and the senate and house fiscal agencies with an annual

 

report on estimated state restricted fund balances, state

 

restricted fund projected revenues, and state restricted fund

 

expenditures for the prior 2 fiscal years.

 

     Sec. 213. The judiciary shall maintain, on a publicly

 

accessible website, a scorecard that identifies, tracks, and

 

regularly updates key metrics that are used to monitor and improve

 

the judiciary's performance.

 

     Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2020 are estimated at $13,102,700.00. From this amount, total

 

judiciary appropriations for pension-related legacy costs are

 

estimated at $6,369,500.00. Total judiciary appropriations for

 

retiree health care legacy costs are estimated at $6,733,200.00.

 

     Sec. 215. The judicial branch shall not take disciplinary


action against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 216. It is the intent of the legislature that judges who

 

are presiding over a hearing on a foster care case shall publicly

 

acknowledge and request the input of the foster parent or foster

 

parents during the hearing.

 

     Sec. 217. If the judicial branch makes any changes to a foster

 

care family service plan before its finalization, it is the intent

 

of the legislature that the presiding judge provide an explanation

 

for any changes to that plan in the court record.

 

     Sec. 218. From the funds appropriated in part 1, the state

 

court administrative office shall identify programs, within the

 

department of health and human services, the department of talent

 

and economic development, and the department of corrections, that

 

have programmatic connections with the participants in the swift

 

and sure sanctions program. The purpose of this relationship is to

 

leverage collaborations and to determine avenues of success for

 

offenders who are eligible for state-provided programs. The state

 

court administrative office shall provide guidance to courts

 

participating in the swift and sure sanctions program, under the

 

probation swift and sure sanctions act, chapter XIA of the code of

 

criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, of the

 

available department of health and human services, department of

 

talent and economic development, and department of corrections

 

programming.

 

     Sec. 219. The judicial branch shall receive and retain copies

 

of all reports funded from appropriations in part 1. Federal and


state guidelines for short-term and long-term retention of records

 

shall be followed. The judicial branch may electronically retain

 

copies of reports unless otherwise required by federal and state

 

guidelines.

 

 

 

JUDICIAL BRANCH

 

     Sec. 301. From the funds appropriated 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.

 

     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, $711,900.00 is allocated for circuit court

 

reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for

 

costs associated with the court of claims.

 

     Sec. 304. A member of the legislature may request a report or

 

data from the data collected in the judicial data warehouse. The

 

report shall be made available to the public upon request, unless

 

disclosure is prohibited by court order or state or federal law.

 

Any data provided under this section shall be public and non-

 

identifying information.

 

     Sec. 305. From the funds appropriated in part 1 for community

 


dispute resolution, community dispute resolution centers shall

 

provide dispute resolution services specified in the community

 

dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, and

 

shall help to reduce suspensions and truancy, and improve school

 

climate. Funding appropriated in part 1 for community dispute

 

resolution may be used to develop or expand juvenile diversion

 

services in cooperation with local prosecutors. Participation in

 

the dispute resolution processes is voluntary for all parties.

 

     Sec. 307. From the funds appropriated in part 1 for mental

 

health courts and diversion services, $1,730,000.00 is intended to

 

address the recommendations of the mental health diversion council.

 

     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. If an appropriation is made

 

under this section, the state court administrative office shall

 

notify, within 14 days of the appropriation, the senate and house

 

standing committees on appropriations, the senate and house

 

appropriations subcommittees on judiciary, the senate and house

 

fiscal agencies, and the state budget office.

 

     Sec. 309. By April 1, the state court administrative office

 

shall provide a report on drug treatment, mental health, and

 

veterans court programs in this state. The report shall include

 

information on the number of each type of program that has been

 

established, the number of program participants in each


jurisdiction, and the impact of the programs on offender criminal

 

involvement and recidivism. The report shall be submitted to the

 

senate and house appropriations subcommittees on judiciary, the

 

senate and house fiscal agencies, and the state budget office.

 

     Sec. 311. (1) The funds appropriated in part 1 for drug

 

treatment courts as that term is defined in section 1060 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.1060, 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 Michigan 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 $1,500,000.00 in Byrne formula

 

grant funding as an interdepartmental grant from the department of


state police to be used for expansion of drug treatment courts, to

 

assist in avoiding prison bed space growth for nonviolent offenders

 

in collaboration with the department of corrections.

 

     Sec. 312. From the funds appropriated in part 1, the state

 

court administrator shall produce a statistical report regarding

 

the implementation of the parental rights restoration act, 1990 PA

 

211, MCL 722.901 to 722.908, as it pertains to minors seeking

 

court-issued waivers of parental consent. The state court

 

administrative office shall report the total number of petitions

 

filed and the total number of petitions granted under that act.

 

     Sec. 316. (1) From the funds appropriated in part 1 for

 

pretrial risk assessment, the state court administrative office

 

shall continue to pilot a pretrial risk assessment tool in an

 

effort to provide relevant information to judges so they can make

 

evidence-based bond decisions that will increase public safety and

 

reduce costs associated with unnecessary pretrial detention. The

 

state court administrative office shall expand the number of courts

 

using the assessment tool.

 

     (2) The state court administrative office shall submit a

 

status report by February 1 to the senate and house appropriations

 

subcommittees on judiciary, the senate and house fiscal agencies,

 

and the state budget office. The report shall include, but not be

 

limited to, all of the following:

 

     (a) An evaluation of the effectiveness of the pretrial risk

 

assessment tool pilot program that was implemented in the prior

 

fiscal year. The evaluation shall include, but not be limited to,

 

for defendants screened by the pretrial risk assessment tool, the


failure to appear rate for each type of bond, including personal

 

recognizance with or without conditions, 10% deposit bail with or

 

without conditions, and cash or surety bail with or without

 

conditions.

 

     (b) Plans to expand use of the assessment tool.

 

     (c) Details on prior year expenditures, allocations, and

 

planned expenditures.

 

     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. 320. (1) From the funds appropriated in part 1 for the

 

swift and sure sanctions program, created under section 3 of

 

chapter XIA of the code of criminal procedure, 1927 PA 175, MCL

 

771A.3, the state court administrative office shall administer a

 

program to distribute grants to qualifying courts in accordance

 

with the objectives and requirements of the probation swift and

 

sure sanctions act, chapter XIA of the code of criminal procedure,

 

1927 PA 175, MCL 771A.1 to 771A.8. Of the funds designated for the

 

program, not more than $100,000.00 shall be available to the state

 

court administrative office to pay for employee costs associated

 

with the administration of the program funds. Of the funds

 

designated for the program, $500,000.00 is reserved for programs in

 

counties that had more than 325 individuals sentenced to prison in

 

the previous calendar year. Courts interested in participating in

 

the swift and sure sanctions program may apply to the state court


administrative office for a portion of the funds appropriated in

 

part 1 under this section.

 

     (2) By April 1, the state court administrative office, in

 

cooperation with the department of corrections, shall provide a

 

report on the courts that receive funding under the swift and sure

 

sanctions program described in subsection (1) to the senate and

 

house appropriations subcommittees on judiciary, the senate and

 

house fiscal agencies, and the state budget office. The report

 

shall include all of the following:

 

     (a) The number of offenders who participate in the program.

 

     (b) The criminal history of offenders who participate in the

 

program.

 

     (c) The recidivism rate of offenders who participate in the

 

program, including the rate of return to jail, prison, or both.

 

     (d) A detailed description of the establishment and parameters

 

of the program.

 

     (e) A list of courts participating in the program.

 

     (f) An accounting of prior year expenditures, including grant

 

amounts requested by the courts, grant amounts awarded to the

 

courts, and grant amounts expended by the courts.

 

     (3) As used in this section, "program" means a swift and sure

 

sanctions program described in subsection (1).

 

     Sec. 321. From the funds appropriated in part 1, the judicial

 

branch shall support a statewide legal self-help internet website

 

and local nonprofit self-help centers that use the statewide

 

website to provide assistance to individuals representing

 

themselves in civil legal proceedings. The state court


administrative office shall summarize the costs of maintaining the

 

website, provide statistics on the number of people visiting the

 

website, and provide information on content usage, form completion,

 

and user feedback. By March 1, the state court administrative

 

office shall report this information for the preceding fiscal year

 

to the senate and house appropriations subcommittees on judiciary,

 

the senate and house fiscal agencies, and the state budget office.

 

     Sec. 322. If Byrne formula grant funding is awarded to the

 

state appellate defender, the state appellate defender office may

 

receive and expend Byrne formula grant funds in an amount not to

 

exceed $250,000.00 as an interdepartmental grant from the

 

department of state police. If the appellate defender appointed

 

under section 3 of the appellate defender act, 1978 PA 620, MCL

 

780.713, receives federal grant funding from the United States

 

Department of Justice in excess of the amount appropriated in part

 

1, the office of appellate defender may receive and expend grant

 

funds in an amount not to exceed $300,000.00 as other federal

 

grants.

 

     Sec. 324. From the funds appropriated in part 1 for the

 

medication-assisted treatment program, the judiciary shall maintain

 

a medication-assisted treatment program to provide treatment for

 

opioid-addicted and alcohol-addicted individuals who are referred

 

to and voluntarily participate in the medication-assisted treatment

 

program.

 

     Sec. 325. (1) From the funds appropriated in part 1, the state

 

court administrative office shall conduct a study on the

 

feasibility of implementing a specialized domestic violence


prosecution and intervention pilot project. The purpose of a pilot

 

project established after a study conducted under this section

 

would be to provide intervention and treatment services,

 

supplemented by trauma treatment and addiction services, to

 

domestic violence offenders, with a focus on the deterrence of

 

offenders who are second-time or subsequent offenders.

 

     (2) Information gathered by the study shall include, but not

 

be limited to, all of the following, categorized by county:

 

     (a) The number of convictions for domestic violence offenses

 

compared to the number of convictions for other violent crimes.

 

     (b) The number of individuals arrested for an alleged second-

 

time or subsequent domestic violence offense, and the number of

 

individuals convicted of a second-time or subsequent domestic

 

violence offense, including the total number of domestic violence

 

offenses committed in a specified time period.

 

     (c) The number of domestic violence offenses resulting in

 

death compared to the number of other homicides.

 

     (d) The number of alleged and convicted offenders that

 

experienced violent trauma or witnessed violent trauma as a young

 

person.

 

     (e) The number of alleged and convicted offenders that have a

 

substance abuse disorder.

 

     (f) Recommendations on how the state can hold offenders

 

accountable while rehabilitating them with treatment, community-

 

based resources and support, and restorative justice approaches to

 

conflict resolution, with the goal being a more effective and less

 

costly alternative to incarceration.


     (g) Recommendations on how the state can improve

 

identification of at-risk individuals and intervention with a

 

combination of protective, rehabilitative, and restorative justice

 

measures that hold domestic violence offenders accountable, while

 

curtailing the escalation of violence before people are at risk.

 

     (3) The state court administrative office shall submit the

 

results of the study, by September 30, to the senate and house of

 

representatives subcommittees on judiciary, the senate and house

 

fiscal agencies, and the state budget office.

 

 

 

ONE-TIME APPROPRIATIONS

 

     Sec. 402. (1) From the funds appropriated in part 1, the state

 

appellate defender office attorneys and support staff shall ensure

 

Michigan compliance with Montgomery v Louisiana, 577 US _____

 

(2016). The purpose of the program is to ensure competent,

 

resourced, and supervised counsel in cases involving the

 

resentencing of juvenile lifers. The representation by SADO counsel

 

will create opportunities for release, saving prison costs for the

 

state.

 

     (2) The state appellate defender office shall submit a report

 

by September 30 to the senate and house appropriations

 

subcommittees on judiciary, the senate and house fiscal agencies,

 

and the state budget office on the number of juvenile lifer cases

 

investigated and prepared by the state appellate defender office.

 

The report shall include a calculation of hours spent and focus on

 

incremental costs associated with investigating and conducting a

 

robust examination of each case, with particular emphasis on those

 


costs that may be avoided after the cases have been disposed.

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