Department of Correction

Department of Correction.

8900-0001

For the administration and operation of the commonwealth's correctional facilities; provided, that notwithstanding the provisions of any general or special law to the contrary, no collective bargaining agreement entered into by the commissioner of administration or his designee in fiscal year 1998 shall contain an increase in roll call pay for correctional officers; provided further, that the department shall maintain operations of one 12-bed treatment unit for females who are awaiting trial or who have been convicted of a crime and who are in need of detoxification and treatment for chemical dependency or alcoholism; and provided further, that when the department determines that it is necessary to transfer prisoners to facilities outside of the commonwealth, said department shall determine which such available facility is the geographically closest facility that will provide the most cost effective transfer

......................................................$244,952,560

8900-0002

For the administration of the department; provided, that employees in the prisoners classification division shall not be subject to civil service law and rules; provided further, that notwithstanding the provisions of any general or special law to the contrary, the director of civil service shall certify to the commissioner of correction, upon receipt of permanent requisitions, names of correction officers to fill permanent vacancies

......................................................$4,004,977

8900-0003

For local relief to mitigate the inordinate fiscal demand placed on local life, health and safety departments in those cities and towns hosting a state correctional facility; provided, that each such city and town shall receive a per centage of the total funds as appropriated herein which shall be equal to the total state inmate population incarcerated within a state correctional facility located within such city or town; provided further, that all inmates incarcerated at Massachusetts Correctional Institute, Shirley shall be deemed to be incarcerated within a correctional facility located in the town of Shirley; and provided further, that for the purpose of mitigation calculation, all distribution per centages shall be calculated according to the department of correction's inmate population record for July 1 of the prior year

......................................................$997,000

Local Aid Fund .................. 100.0%

8900-0004

For inmate health services; provided, that the commissioner of correction shall file quarterly reports detailing expenditure patterns of this item with the house and senate committees on ways and means; provided further, that the department of correction is authorized to expend $2,000,000 on mental health professionals above the expenditures for mental health professionals in fiscal year 1997; and provided further, that notwithstanding the provisions of any general or special law to the contrary, expenditures made from the RR subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed $43,334,070

......................................................$44,333,424

8900-0007

For the expenses of the comprehensive offenders employment resources system

......................................................$371,524

8900-0009

For educational services of the department; provided, that not more than $150,000 be made available for a literacy educational pilot program at two correctional facilities, one of which shall be Massachusetts Correctional Institute, Framingham; provided further, that 10 contractual positions, so-called, currently funded in 1998 by the department of correction and six of which were funded previously by the department through Mount Wachusett community college, shall be converted to full time state positions known as 01's, so-called, seven of which shall be converted to education specialists and three to institutional school teacher positions

......................................................$4,281,862

8900-0010

For prison industries and farm services; provided, that the commissioner of correction shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Highway Fund to the General Fund; and provided further, that the commissioner of correction shall submit quarterly financial reports detailing revenues generated and expended, to the house and senate committees on ways and means

......................................................$2,456,568

8900-0011

For a prison industries and farm services revenue retention account; provided, that the department is hereby authorized to expend an amount not to exceed $3,067,995 from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called

......................................................$3,067,995

8900-0015

For correctional residential services; provided, that not less than $500,000 shall be expended for a contracted low-security residential program for incarcerated expectant mothers; provided further, that not less than $150,000 shall be obligated for assistance to incarcerated mothers; and provided further, that not less than $30,000 shall be provided to the Dismas house in Worcester

......................................................$760,000

8900-0016

For the cost of housing state inmates in federal prisons

......................................................$800,000

8900-0018

For a pilot comprehensive three year youth development program in the city of Springfield designed to prevent violence and antisocial behavior; provided, that a community health center as defined in section 330 of the Public Health Service Act of 1965 which meets the requirements of a federally qualified health center shall be designated the lead agency to implement said program and it shall subcontract with other community based organizations for specific services

......................................................$330,000

8900-8888

For costs associated with electricity, natural gas, and other fuel for buildings of the department of correction; provided, that, notwithstanding the provisions of any general or special law to the contrary, prior to April 15, 1998, all funds appropriated herein shall be scheduled in the GG subsidiary, so-called; provided further, that after said date, the commissioner of the department of correction, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said GG subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed 15 per cent of the funds appropriated herein, if said secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by said department of correction for costs associated with electricity, natural gas, and other fuel for buildings of the department does not exceed the amount appropriated herein; (2) that the department does not require any supplemental appropriations in any of its other items of appropriation; (3) that the department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that the department has not expended any funds for costs associated with electricity, natural gas, and other fuel for buildings in any of its other items of appropriation; provided further, that said secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that no funds shall be scheduled in a subsidiary which is not explicitly referenced herein

......................................................$9,148,000

8900-9999

For the payment of charges assessed to the department of correction for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that, notwithstanding the provisions of any general or special law to the contrary, prior to April 15, 1998 all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of correction, with the approval of the secretary of administration and finance, is hereby authorized to transfer from the DD subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed 15 per cent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein; (2) that the department does not require any supplemental appropriation in any of its other items of appropriation; (3) that the department is expected to meet the revenue targets established in sections 1A and 1B; and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein

......................................................$9,609,052

8910-0000

For a reserve to fund county correctional programs; provided, that not more than $385,000 shall be expended for an intermediate sanctions program at the New Bedford district court; provided further, that not less than $4,900,531 shall be made available to Barnstable county; provided further, that not less than $3,630,303 shall be made available to Berkshire county; provided further, that not less than $22,473,767 shall be made available to Bristol county; provided further, that not less than $775,592 shall be made available to Dukes county; provided further, that not less than $20,610,564 shall be made available to Essex county; provided further, that not less than $34,015,834 shall be made available to Hampden county; provided further, that not less than $6,940,500 shall be made available to Hampshire county; provided further, that not less than $21,149,200 shall be made available to the Middlesex sheriff; provided further, that not less than $59,714 shall be made available to Nantucket county; provided further, that not less than $13,928,823 shall be made available to Norfolk county; provided further, that not less than $25,188,320 shall be made available to Plymouth county; provided further, that said funds appropriated to Plymouth county shall be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of the memorandum of agreement signed May 14, 1992; provided further, that not less than $63,032,618 shall be made available to Suffolk county; provided further, that not less than $22,009,212 shall be made available to Worcester county; provided further, that the balance of funds appropriated herein shall be distributed among the counties by the county government finance review board, upon prior notification to the house and senate committees on ways and means; provided further, that Suffolk county shall not receive additional funding from said balance for county corrections maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under this item; provided further, that upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to the funds so advanced; provided further, that all funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriff's department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts sheriffs' association; provided further, that in accordance with section 247 of chapter 38 of the acts of 1995, all spending plans shall be detailed by subsidiary and object code in accordance with any and all expenditure classification requirements promulgated by the comptroller; provided further, that said spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility including, but not limited to, position, title, classification, rank, grade, salary and full-time or part-time status; provided further, that said spending plans shall be accompanied by a delineation of all vehicles leased, owned or operated by each county sheriff; provided further, that said delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased, and vehicle primary use; provided further, that no sheriff shall purchase any new vehicles or major equipment in fiscal year 1998 unless such purchase is made pursuant to a multi-county or regionalized collaborative procurement arrangement, or is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis, and is approved by the county government finance review board and the executive office of public safety; provided further, that notwithstanding the provisions contained herein, sheriffs may purchase "marked" prisoner transportation vans, so-called, upon notification to the county government finance review board; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which can and shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further, that documentation of said expenditures and savings shall be submitted to the house and senate committees on ways and means no later than December 30, 1997 and shall make provision for said system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect no later than June 30, 1998; provided further, that the daily count sheet for county facilities, so-called, compiled by the executive office of public safety, shall be filed with the Massachusetts sheriffs' association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshal's, canteen revenues, inmate industries and work-crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts sheriff's association; provided further, that on or before October 15, 1997, each county sheriff shall submit a final spending plan for fiscal year 1998 to the county government finance review board, detailing the level of resources deemed necessary for the operation of each county correction facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal year 1997, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of said spending plans no later than October 15, 1997; provided further, that on or before November 15, 1997, the county government finance review board shall have approved final fiscal year 1998 county corrections budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of said approved budgets no later than December 15, 1997; provided further, that said budgets shall include distribution schedules for the final two quarters of fiscal year 1998, and said plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated herein, and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed said appropriation; provided further, that each county shall expend during fiscal year 1998, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 1997 for such purposes from own-source revenues, which shall not be less than five per cent of total county revenues including, but not limited to, amounts levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D of the General Laws; provided further, that in fiscal year 1998, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated herein, the maintenance of effort obligations for Suffolk county shall be 8.75 per cent of the total Suffolk county corrections operating budget as approved by the county government finance review board; provided further, that notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of revenue for local services shall certify on or before May 15, 1998 that all municipalities have appropriated and transferred to their respective county treasuries, not less than 102.5 per cent of the municipality's prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if any municipality fails to transfer said obligation, said deputy commissioner is hereby authorized and directed to withhold an amount equal to the shortfall in the obligation due to the county from said municipality's fourth quarter local aid "cherry sheet" distribution, so-called, authorized from account 0611-5500 of section 2 and from funds made available from the state lottery fund distribution in section 3; provided further, that on or before August 1, 1998, said commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year 1998, notwithstanding the provisions of section 20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the mayor or manager; provided further, that any county which borrowed under the provisions of section 6 of chapter 193 of the acts of 1989 on or before July 31, 1998 or which borrowed in fiscal year 1989 under the provisions of section 36A of chapter 35 of the General Laws, is hereby authorized to refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with the provisions of chapter 35 of the General Laws and section 12 of chapter 64D of the General Laws, as may be applicable; and provided further, that each sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification requirements promulgated by the state comptroller pursuant of the provisions of section 27 of chapter 29 of the General Laws

......................................................$278,387,619

Local Aid Fund .................. 100.0%

8910-0010

For the purpose of funding expenses for services provided to inmates of county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year 1998; provided, that said department shall notify the county government finance review board and the comptroller of all such expenses; provided further, that not more than 30 days after receiving such notification, the board shall certify to the comptroller the amount of such expenses to be charged to this item; provided further, that upon receiving said certification, the comptroller shall effect the transfer of said amount from this item to item 4590-0903 in section 2B; and provided further, that such actual and projected payments shall be considered expenditures within each county spending plan and shall be reflected as such in proposed spending plans required by 8910-0000 in section 2

......................................................$2,400,000

Local Aid Fund .................. 100.0%

8910-0011

For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of the former Franklin county; provided, that the spending plan required by this item shall be detailed by subsidiary and in accordance with any and all expenditure classification requirements promulgated by the comptroller; provided further, that said spending plan shall be accompanied by a delineation of all personnel employed by such correctional facility; provided further, that said spending plan shall be accompanied by a delineation of all vehicles leased, owned or operated by said sheriff; provided further, that said delineation shall include vehicle make and model, year, mileage, condition, date purchased or leased, and vehicle primary use; provided further, that said sheriff shall not purchase any new vehicles or major equipment in fiscal year 1998 unless such purchase is made pursuant to a multi-county or regionalized collaborative procurement arrangement, or is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis; provided further, that the daily count sheet for county facilities, so-called, compiled by the executive office of public safety, shall be filed with the Massachusetts sheriffs' association not less than monthly; provided further, that on or before October 15, 1997, said sheriff shall submit a final spending plan for fiscal 1998 to the Massachusetts sheriffs' association, detailing the level of resources deemed necessary for the operation of each correction facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that said sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of said spending plan no later than October 15, 1997; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated herein, and said sheriff shall make all necessary adjustments to ensure that expenditures do not exceed said appropriation; and provided further, that said sheriff shall continue to report all expenditures on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification requirements promulgated by the state comptroller pursuant of the provisions of section 27 of chapter 29 of the General Laws

......................................................$5,356,202