FY 2019-20 JUDICIARY BUDGET                                                            H.B. 4238 (CR-1):  CONFERENCE REPORT

 

 

 

 

 

 

 

 

 

 

 

CHANGES FROM

FY 2018-19 YEAR-TO-DATE

FULL-TIME EQUATED (FTE) CLASSIFIED POSITIONS/FUNDING SOURCE

FY 2018-19

YEAR-TO-DATE*

FY 2019-20

CONFERENCE

AMOUNT

PERCENT

FTE Positions..............................................................

                      502.0

                      509.0

                           7.0

               1.4 

GROSS..........................................................................

          304,079,100

          311,062,100

              6,983,000

               2.3 

Less:

 

 

 

 

   Interdepartmental Grants Received.........................

              1,551,300

              1,551,700

                          400

               0.0 

ADJUSTED GROSS....................................................

          302,527,800

          309,510,400

              6,982,600

               2.3 

Less:

 

 

 

 

   Federal Funds...........................................................

              5,987,400

              5,748,400

                (239,000)

             (4.0)

   Local and Private.......................................................

              7,481,400

              7,573,800

                    92,400

               1.2 

TOTAL STATE SPENDING.........................................

          289,059,000

          296,188,200

              7,129,200

               2.5 

Less:

 

 

 

 

   Other State Restricted Funds..................................

            92,979,500

            94,796,000

              1,816,500

               2.0 

GENERAL FUND/GENERAL PURPOSE...................

          196,079,500

          201,392,200

              5,312,700

               2.7 

PAYMENTS TO LOCALS...........................................

          148,614,500

          145,951,300

             (2,663,200)

             (1.8)

*As of July 1, 2019.


 

 

 

Gross

GF/GP

FY 2018-19 Year-to-Date Appropriation......................................................

$304,079,100

$196,079,500

 

Changes from FY 2018-19 Year-to-Date:

 

 

Items Included by the Senate and House

 

 

  1.  Increased Spending Authority from the E-Filing Fund. Conference authorized increased restricted fund spending authority to accommodate greater expense projections at the request of the State Court Administrative Office.

1,676,100

0

   2.  Expansion of Online Dispute Resolution. Governor included a 16% increase in Community Dispute Resolution funding for the expansion of online dispute resolution from 17 counties to 83 counties. Conference concurred.

450,000

450,000

  3.  Judicial Tenure Commission. Governor included a 17% increase in funding for the Commission to address backlog reduction, ongoing investigations, and salary adjustments. Half of the increase is one-time funding. Conference concurred.

200,000

200,000

  4.  Increased Restricted Fund Revenue for Criminal Defense. Conference added an additional $75,000 of restricted funds for Appellate Public Defender program due to a projected increase in Criminal Defense Resource Center services subscriptions.

75,000

0

  5.  Pretrial Risk Assessment Tool. Governor included a slight increase in funding for development of the pretrial risk assessment tool. The funding was moved from one-time for the current fiscal year to the State Court Administrative Office line-item of the ongoing budget. Conference concurred in the amount of the increase, but moved the funding back to one-time.

20,000

20,000

  6.  Additional FTEs in Anticipation of Federal Grant Funding. Conference authorized an additional 2 FTEs for the Appellate Public Defender Program line item in anticipation of federal grant funding.

0

0

   7.  Removal of One-time Funding for Problem Solving Courts. Governor removed current year one-time for drug treatment, mental health, and veterans problem solving courts. Despite the reduction, those programs are still funded in the ongoing section of the budget at $18.2 million. Conference concurred.

(750,000)

(750,000)

  8.  Swift and Sure Reduction. Governor funded the Swift and Sure program at YTD levels of restricted and GF funding. Conference reduced the GF amount by $400,000 and redirected to one-time projects.

(400,000)

-400,000

  9.  Judicial Position Adjustments. Governor included the elimination of two Court of Appeals Judge positions in District 3 and District 4, the elimination of two District Court Judge positions in Livingston and Wayne Counties, and the addition of two part-time Circuit Court Judge positions in Oakland and Macomb Counties and one full-time Circuit Court Judge position in Livingston County. Conference concurred.

(436,300)

(451,900)

10.  Program Elimination. Governor did not include funding for the current year's pilot program: Youthful Sex Offender Treatment. Conference concurred.

(75,000)

(75,000)

11.  Economic Adjustments. Includes $3,325,000 Gross and $3,141,400 GF/GP for total economic adjustments, of which an estimated negative $189,800 Gross and $115,300 GF/GP is for legacy retirement costs (pension and retiree health). Conference concurred.

3,325,000

3,141,400

Conference Agreement on Items of Difference

 

 

12.  Cybersecurity for Michigan Supreme Court Website. The Governor included additional funding for cybersecurity for the supreme website, as well as new customer relationship management software. The bulk of the additional funding was included as one-time, $1,475,000, with the remaining amount, $454,100, added to the Judicial Information Systems line item. Conference concurred.

1,929,100

1,929,100

13.  Replacement of Federal Funding. Conference agreed to replace lost Federal revenue with GF/GP funds for Drug Treatment Specialty Courts.

0

280,000

14.  Kalamazoo County Trauma Court. Conference agreed to include $250,000 GF/GP for the Kalamazoo County Trauma Court program.

250,000

250,000

15.  State Appellate Defender Office Public Defender Caseload Enhancement. Governor included a 5% increase the Appellate Public Defender program. Senate concurred. Conference agreed to an increase of half of the Governor's recommendation.

228,600

228,600

16.  SADO Funding for Montgomery v. Louisiana Compliance. Governor included a slight increase in funding for the resentencing of Michigan's juvenile lifers, as required by the Supreme Court. The line for this funding was also moved from the one-time section to the Indigent Defense - Criminal section of the budget. Conference concurred in the amount of the increase, but moved the funding back to one-time.

141,900

141,900

17.  FY 2019-20 Other One-Time Appropriations. Conference agreed to add additional one-time GF funds for Specialty Courts with the reductions to Swift and Sure and the requested operational increase to SADO, above.

348,600

348,600

 

Total Changes...............................................................................................

$6,983,000

$5,312,700

FY 2019-20 Conference Report Appropriation..............................................

$311,062,100

$201,392,200

Amount Over/(Under) GF/GP Target:

$0

$0


 

Boilerplate Changes from FY 2018-19 Year-to-Date:

Items Included by the Senate and House

  1.  Definitions. Governor removed boilerplate definitions for the following terms: "DOJ", "DOT", "HHS", "SADO", "Title IV D", "Title IV E". Conference retained. (Sec. 203)

  2.  Depressed Communities - New. Governor added a section directing the Judicial branch to take reasonable steps to contract or subcontract with businesses in deprived and depressed communities. Conference removed. (Sec. 206)

  3.  Disciplinary Action - Removed. Governor removed a section prohibiting the Judicial branch from taking disciplinary action against an employee for communicating with the Legislature. Conference retained. (Sec. 215)

  4.  Foster Parent Input - Removed. Governor removed a section requiring judges to publicly request the input of foster parents during foster care hearings. Conference retained. (Sec. 216)

  5.  Explanation of Foster Care Service Plan Changes - Removed. Governor removed a section requiring judges to provide an explanation of changes to a foster care family service plan. Conference retained. (Sec. 217)

  6.  Interagency Collaboration for Swift & Sure - Removed. Governor removed a requirement that the State Court Administrative Office (SCAO) identify programs available for Swift & Sure participants. Conference retained. (Sec. 218)

  7.  Report Retention - Removed. Governor removed a requirement that the Judicial branch retain copies of all reports funded from appropriations. Conference retained. (Sec. 219)

  8.  Reporting on the Parental Rights Restoration Act - Removed. Governor removed a report requiring the State court administrator to report on the number of petitions filed and granted of minors seeking a waiver of parental consent. Conference retained. (Sec. 312)

  9.  Juvenile Lifers Compliance and Reporting - Removed. Governor removed one-time funding and reporting language associated with the State's required compliance with the Supreme Court's Montgomery v. Louisiana decision. Funding for compliance in part 1 of the recommendation was moved to ongoing. Conference retained. (Sec. 402)

10.  Youthful Sex Offender Treatment Pilot Program - Removed. Governor removed language regarding the one-time funding for the pilot program. The program was not funded in part 1 of the budget recommendation. Conference concurred. (Sec. 403)

Conference Agreement on Items of Difference

11.  Reporting on Restitution Payments - Removed. Governor removed an SCAO reporting requirement regarding collected and uncollected restitution payments, court fees and applicable judgments. Conference deleted. (Sec. 306)

12.  New Pretrial Risk Assessment Tool Reporting Requirements. House added additional reporting requirements to the current Pretrial Risk Assessment Tool report, including effectiveness, plans for further use, and expenditures for the tool. (Sec. 316)

13.  New Swift and Sure Reporting Requirements. House added additional reporting requirements to the existing Swift and Sure program report, including the number of participating courts and grant requests & awards. (Sec. 320)

14.  Domestic Violence Specialty Court Feasibility - NEW. House added a section requiring the State Court Administrative Office to look into the feasibility of a Domestic Violence Specialty Court. Conference did not include. (Sec. 325)

15.  Kalamazoo County Trauma Court - NEW. Conference included a new section describing the requirements for the new specialty trauma court. (Sec. 326)

16.  Veterans Courts Pilot Program. Senate added a section requiring the State Court Administrative Office to conduct a pilot program within a single Veteran court to evaluate the effectiveness of saliva testing as a measure of compliance regarding medical prescriptions or requirements. Conference agreed. (Sec. 403)

17.  Second Year Appropriations - Removed. Governor removed language expressing legislative intent to provide appropriations for the upcoming two fiscal years. Conference deleted. (Sec. 1201)

 

 

Date Completed:  9-18-19                                                                                          Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.