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Michigan General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Michigan that do not fit into any other Michigan sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 04-01-2005, 08:06 PM
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Default Collection Of Court-ordered Victim Restitution/filing Fees And Costs - Policy Directi

POLICY DIRECTIVE NUMBER 04.02.107

COLLECTION OF COURT-ORDERED VICTIM RESTITUTION/FILING FEES AND COSTS

EFFECTIVE DATE 01/01 /02



I. POLICY STATEMENT: The Department shall collect victim restitution and court-ordered filing fees and costs from prisoners and parolees as set forth in this policy.

II. RELATED POLICY: 04.02.105 Prisoner Funds

III. POLICY:

GENERAL INFORMATION

A. MCL 701.220h requires the Department to remove funds from prisoners' institutional accounts to pay victim restitution upon receipt of a court order requiring payment of victim restitution. In addition, federal and state courts are authorized by law to require the Department to remove funds from prisoners' institutional accounts to pay filing fees and costs. The Department also may remove funds from a prisoner's account to pay costs ordered by a federal court. Except when otherwise specifically ordered by the court, this policy and PD 04.02.105 "Prisoner Funds" shall apply when removing funds from a prisoner's account for any of these purposes.

B. Requirements set forth in this policy for the collection of funds to pay victim restitution apply only to the following orders:

1. Orders received by the Department which were issued on or after June 1,

1997. These orders remain effective until satisfied in full.

2. Orders received by the Department which were issued between July 10, 1985 and May 31,1997. These orders remain effective for two years after the prisoner's discharge on the maximum sentence for the offense for which restitution was ordered or discharge from parole, unless a shorter period of time is provided for in the order.

C. Any court orders received requiring a prisoner in a Correctional Facilities

Administration (CFA) institution to pay court-ordered victim restitution, requiring the

Department to remove funds from a prisoner's account to pay filing fees and costs, or, if a federal court order, requiring the prisoner to pay costs shall be referred to the local litigation coordinator of the institution at which the prisoner is housed for forwarding to the Administrative Officer or, if regarding restitution, to the Record Office Supervisor. However, if the court order is the judgment of sentence remanding the prisoner to the Department's custody, it shall instead be referred directly to the Record Office Supervisor. In addition, the Administrative Officer need not forward to the local litigation coordinator a court order regarding the payment of filing fees/costs if the Administrative Officer received the order directly from the court.



POLICY DIRECTIVENUMBER 04.02.107 PAGE 2 OF 6

D. Any court orders received requiring a prisoner in CRP or SAI or on parole to pay victim restitution, except for the judgment of sentence remanding the prisoner to the Department's custody, or to pay filings fees/costs shall be forwarded to the CRP Record Office, SAI Administrator or designee, FOA field agent or, if on parole to another state, Interstate Compact Manager, as appropriate. When a prisoner in CRP or SAI paroles, the orders shall be forwarded to the supervising FOA field agent or, if paroled to another State, the Interstate Compact Manager.

CFA

E. The Administrator of the Office of Planning, Research and Management Information Services, in conjunction with the Deputy Director of Correctional Facilities Administration (CFA), shall develop a computerized record-keeping system for the collection of funds from CFA prisoners pursuant to this policy.

F. The CFA Deputy Director shall ensure that a manual record-keeping system also is maintained. This shall include maintaining in each institutional Business Office the Court Order Collection Record (CRX-173) for each prisoner at that institution from whom funds are being collected pursuant to this policy. The form shall be completed in accordance with procedures issued by the CFA Deputy Director. The institutional Business Office shall retain the Record and the applicable orders when they have been satisfied in full. Whenever there is an outstanding balance to be collected, the Court Order Collection Record and the applicable orders shall Transfer/be retained as follows:

1. The Record and court orders shall transfer with the prisoner when the prisoner transfers between CFA institutions or to/from the Michigan Youth Correctional Facility

2. If filing fees/costs remain to be collected for a prisoner who transfers to CRP or SAI, copies of the Record and court orders shall be forwarded within ten business days to the CRP Record Office or SAI Administrator, or designee, as appropriate. The original Record and a copy of the court orders shall be retained in the prisoner's Record Office file.

3. If filing fees/costs remain to be collected for a prisoner who paroles, copies of the Record and court orders shall be forwarded within ten business days to the appropriate Field Operations Administration (FOA) field agent or, if paroled to another State, the FOA Interstate Compact Manager. The original Record and a copy of the court orders shall be retained in the prisoner's Record Office file.

4. If victim restitution remains to be collected for a prisoner who transfers to CRP or SAI or paroles, copies of the Record and court orders shall be forwarded within ten business days to the CRP Record Office, SAI Administrator or designee, FOA field agent or, if paroled to another State, the FOA Interstate Compact Manager, as appropriate, onlyif the order requiring payment of restitution is notthe judgment of sentence remanding the prisoner to the Department's custody. The original Record and a copy of the court orders shall be retained in the prisoner's Record Office file.

5. The Record and court orders shall be retained in the prisoner's Record Office file if the prisoner discharges from the Department's jurisdiction or dies.

POLICY DIRECTIVENUMBER 04.02.107 PAGE 3 OF 6

Victim Restitution

G. Upon receipt of an order requiring a prisoner to pay victim restitution, the Record Office Supervisor shall ensure the information is entered on CMIS, that the order is placed in the prisoner's Record Office file and that a copy of the order is forwarded to the Administrative Officer.

H. Upon receipt of the copy of the order, the Administrative Officer shall ensure that a debt is created for the amount of victim restitution ordered to be paid and that 50% of funds received by the prisoner in excess of $50 per month is collected to satisfy the debt in the manner set forth in PD 04.02.105. If there is more than one victim to whom restitution is owed, payments shall be divided equally between or among the victims. If written verification is received directly from the court that payments have been received from other than the Department, the debt shall be reduced accordingly. If an order is received prohibiting the Department from removing funds from the account, the debt shall be removed only after notifying the court of the statute requiring the Department to remove funds from the account and confirming that it is the court's intent to order the Department not comply with that statute. Whenever a debt is removed, it shall be noted on the Court Order Collection Record.

I. Funds collected pursuant to Paragraph H shall be sent to the victim in care of the appropriate court whenever the amount collected exceeds $100. Funds of $100 or less shall be sent only when the full amount owed has been collected or the prisoner paroles, transfers to CRP or SAI, discharges or dies. An explanation of the circumstances under which the funds are being sent to the court shall be included with the funds. If the prisoner transfers to another CFA institution and the total amount ordered to be paid has not been collected, the institution to which the prisoner transfers shall continue collection in accordance with the policy.

Filing Fees and Costs

J. A CFA prisoner filing a civil action who claims s/he is indigent and therefore cannot pay required filing fees is required by federal and state law to provide the court with a certified copy of the prisoner's account history. The history must identify the prisoner's current balance in the account and deposits to and withdrawals from the account for either 12-months if in state court or six months if in federal court. Whenever a prisoner requests a history of his/her account for litigation, the prisoner also shall be provided a Certificate of Prisoner Account Activity (CSJ-277), unless another for is required by the court. The prisoner shall not be charged for providing this documentation. The prisoner must identify the court and name of the case before the certificate and account history are provided.

K. The court will determine the amount of filing fees that the prisoner will be required to pay at the time of filing based on information contained in the Certificate of Prisoner Account Activity and the account history. In state court, the prisoner must pay the filing fee in the amount determined by the court within 21 calendar days or the civil action will not be accepted for filing. In federal court, the Department may be required to remove funds from the prisoner’s account to pay the fee. If a state or federal court determines that less than the entire filing fee must be paid at the time of filing, the court may order the Department to remove funds from the prisoner's institutional account, at a rate established by the court, to pay the outstanding balance owed. The court also may subsequently assess court costs against the prisoner and order the Department to remove funds from the prisoner's account to pay those costs. Afederal court order requiring a prisoner to pay costs

POLICY DIRECTIVE NUMBER 04.02.107 PAGE 4 OF 6

allows the Department to remove funds from the prisoner's account to pay the costs.

L. If a prisoner completes a Disbursement Authorization (Prisoner) form (CAR-893) to have funds removed from his/her account to pay court filing fees and clearly indicates that on the disbursement, the disbursement shall be processed within two business days after initial receipt by Department staff in accordance with procedures issued by the CFA Deputy Director, provided that the prisoner has sufficient funds to pay the fee. Funds shall not be loaned for this purpose.

M. Upon receipt of a court order requiring the Department to remove funds from a prisoner's account to pay court filing fees or costs, or receipt of a federal court order requiring a prisoner to pay costs, the Administrative Officer shall ensure that the funds are removed from the account in accordance with this policy and PD 04.02.105 unless otherwise specifically directed by the court. If there is more than one order requiring payment of filing fees/costs, the orders shall be paid in chronological order based on the date each order was received in the Business Office. Whenever the court orders the Department to remove funds by a specific date and sufficient funds have not been collected by that date, the Administrative Officer or designee shall notify the court of the amount collected and that the Department will continue to collect funds pursuant to the order until notified to do otherwise by the court. If written verification is received directly from the court that payments have been received from other than the Department, the debt shall be reduced accordingly. The debt shall be removed if the court notifies the Administrative Officer or designee that funds should no longer be collected.

N. Once the funds have been paid in full or when the prisoner transfers to CRP or SAI, paroles, discharges from the jurisdiction of the Department or dies, the funds collected shall be sent to the court that issued the order explaining the circumstances under which the funds are being sent. If the prisoner transfers to another CFA institution and the total amount ordered to be removed has not been collected, the institution to which the prisoner transfers shall continue collection until the total amount owed is collected.

FOA

0. The FOA Deputy Director shall establish a minimum amount or percentage prisoners in CRP shall be required to pay toward court-ordered victim restitution and filing fees/costs and how those payments shall be collected.

P. The FOA Deputy Director shall ensure that a record-keeping system is maintained for each FOA prisoner and parolee required to pay court-ordered victim restitution or filing fees/costs pursuant to this policy.

Q. Whenever a prisoner in CRP or SAI or on parole who has an outstanding balance to pay court-ordered victim restitution or filing fees/costs is reclassified to a CFA institution, copies of any orders received while in CRP or SAI or on parole and a statement of the balance then owed on all court-ordered restitution and filing fees/costs shall be forwarded to the local litigation coordinator at the receiving institution within ten business days.

Parole

R. Pursuant to State law, the Parole Board shall require as a special condition of

parole that a parolee who owes court-ordered victim restitution or filing fees/costs

POLICY DIRECTIVE NUMBER04.02.107 PAGE 5 OF 6



make payments toward the restitution or filing fees/costs owed while on parole. Whenever an FOA field agent or the Interstate Compact Manager becomes aware that a parolee under his/her supervision or on parole to another State, as appropriate, has an unpaid balance, s/he shall verify with the court that issued the order the amount then owed by the parolee. Once verified, the FOA field agent or Interstate Compact Manager shall notify the Parole Board that a special condition of parole needs to be added to require the parolee to make the required payments while on parole.

S. Whenever a parolee is ordered to pay court-ordered victim restitution as a special condition of parole, the supervising field agent shall review the case at least every six months to ensure restitution is being paid as ordered. The final review shall be conducted at least 90 calendar days prior to the expiration of the parole period. If restitution has not been paid as ordered, the agent shall submit a written report to the Parole Board setting forth the amount of arrearage and any reason for the arrearage known by the field agent. The Parole Board shall immediately provide this information in writing to the sentencing court which ordered the restitution to be paid, the prosecuting attorney for the county in which the parolee was sentenced, and the victim to whom restitution is owed if the victim's address is known.

T.When submitting a report pursuant to Paragraph S , the field agent also shall provide the Parole Board with specific information on the parolee's employment status, earning ability, financial resources, the willfulness of the parolee's failure to pay and any other special circumstances that may have a bearing on the parolee's ability to pay. Absent compelling reasons to the contrary, the field agent shall recommend to the Parole Board that it extend the parole period whenever a parolee has willfully failed to pay court-ordered restitution.

U. The Parole Board may extend the parole period of a parolee who willfully fails to pay court-ordered victim restitution and/or filing fees or costs owed pursuant to a special condition of parole. The Parole Board may revoke the parole of a parolee who has the resources to pay the restitution owed pursuant to a special condition of parole and has not made a good faith effort to do so. In determining whether to revoke parole for non-payment of restitution, the Parole Board shall consider the information provided by the field agent pursuant to Paragraphs S and T and any other relevant information in making this determination.

PROCEEDS FROM JUDGMENTS OR SETTLEMENTS

V. MCL 791.220h and MCL 600.551 1 require that all proceeds from a judgment or settlement in a lawsuit by or on behalf of a prisoner or parolee against the Department or its employees be used to pay various debts of the prisoner or parolee, including victim restitution and court costs and fees. Prior to authorizing the payment of a judgment or settlement to any prisoner or parolee in such a lawsuit, the Manager of the Litigation and FOlA Section of the Office of Audit, Internal Affairs and Litigation, or designee shall determine whether the Department has received an order from a court requiring the payment of restitution or court costs/fees by the prisoner or parolee. If an order has been received, the Manager of the Litigation and FOlA Section shall ensure that the appropriate court is contacted to determine the balance owed and that proceeds from the judgment or settlement are sent to the court issuing the order to satisfy any balances owed under the priority set forth in PD 04.02.105 "Prisoner Funds". If there is more than one victim to whom restitution is owed, payments shall be divided equally between or among the victims. If there is more than one order requiring payment of filing fees/costs, the orders shall be paid in chronological order based on the date each order was received in the appropriate Business Office The Manager of the litigation and FOIA Section shall ensure that the Administrative Officer of that institution at which the prisoner is housed or, if the prisoner is in CRP or SAI or is on parole, that appropriate FOA staff are notified of the amount sent to the court so that Department records are adjusted accordingly.

NUMBER 04.02.107 PAGE 6 OF 6

OPERATING PROCEDURE

W. The FOA and CFA Deputy Directors shall ensure that procedures necessary to implement this policy directive are developed within 60 calendar days after it’s effective date.

X. A Primary Audit Elements List has been developed and will be provided to the Administrator of the Office of Audit, Internal Affairs and Litigation, Wardens, FOE Regional Administrators and the SAI Administrator to assist with self audit of this policy, pursuant to PD 01.05.100 "Self Audit of Policies and Procedures".





Bill Martin, Director
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Old 04-01-2005, 10:31 PM
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angeltob angeltob is offline
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Default Prisoner Funds - Policy Directive Number 04.02.105

I hesitate to post this due to it being outdated...but its a good tool nevertheless. Please use with caution and if you need the updated version...Request a FOIA from Lansing. Ill try and get the new one ASAP.



NOTICE

TO: ALL HOLDERS OF POLICY DIRECTIVE MANUALS

SUBJECT: PD 04.02.105 “Prisoner Funds”

Attached is PD 04.02.105 “Prisoner Funds”. This policy contains extensive revisions and needs to be reviewed thoroughly. However, some of the most significant changes are as follows:

1. All information regarding accounts for prisoner organizations and religious groups has been removed from this policy directive. That information is included in a new policy directive (PD 04.02.1 15 “Institutional Accounts for Prison Organizations/Religious.Groups”), which also is being distributed at this time.

2. Paragraph B specifically prohibits prisoners from using stamps to pay for goods and services.

3. Paragraph E addresses the requirements of MCL 791.220h and MCL 600.5511, which require that proceeds from a lawsuit by or on behalf of a prisoner against the Department or its employees be used to pay various debts of the prisoner. The Manager of the Litigation and FOIA Section of the Office of Audit, Internal Affairs and Litigation, or designee, is responsible for ensuring this is done.

4. Paragraph F identifies the types of funds that are to be credited to a prisoner’s account. Beginning February 1, 2002, only cashier checks and certified checks will be accepted, except under the circumstances set forth in Paragraph G. Money orders will no longer be accepted beginning: February 1. This statement is no longer true and did not last long!

5. Paragraph G, no. 1 identifies the circumstances under which a government check must be verified prior to crediting to a prisoner’s account. Please note that income tax refund checks do notroutinely require verification but may be verified if they appear suspicious.

6. Paragraph I requires staff to return funds received in anunauthorized form to be returned to sender at Department expense with notice to the prisoner. A hearing is not required prior to returning the funds.

7. Paragraph J identifies the sources from which funds may be received. Funds cannot be rejected because they are from an unauthorized source without notice to the prisoner and, if requested by the prisoner, a hearing. Notice and hearing requirements are set forth in Paragraphs K - M.

NOTICE PAGE 2

8. Paragraph N identifies the options for disposal of funds received from an unauthorized source. This is to be determined either by the prisoner who receives the notice or, ifa hearing is conducted upon requests of the prisoner because staff disagree with the option chosen by the prisoner, the hearing officer

9. Paragraph P authorizes Wardens to accept funds for credit to a prisoner’s account that are hand-delivered by members of the public.NOT TRUE. Wardens who agree to accept such funds must post a notice advising members of the public how this can be done and any restrictions in place. Cash and, after February 1, money orders cannot be accepted.Again, this portion is not true!

10. Paragraph Q identifies when hearings are required to be conducted to remove funds from a prisoner’s account. Hearing requirements are set forth in Paragraph R.

11. Paragraph Sidentifies the priority under which funds are to be removed from a prisoner’s account.

12. Paragraph T requires all funds received by a prisoner to be used to satisfy his/her debts, except as specifically indicated.

13. Paragraph V identifies what prisoners may purchase with the funds in their institutional accounts. Wardens may now authorize the prisoners to send funds to individuals for the care of a family member of the prisoner even if that individual is not a family member of the prisoner or the parent or verified legal guardian of the prisoner’s child, stepchild or grandchild. Prisoners may not send funds to join pen pal organizations, to establish or maintain Internet web sites or to place anyadvertisement.

14. Paragraph W identifies when funds are to be loaned to prisoners who lack sufficient funds.

15. Paragraph X identifies the notice and hearing requirements when it is believed that a prisoner has incurred heavy indebtedness to another prisoner, is the victim of exploitation or extortion by another prisoner, is using funds or store purchases to exploit or corrupt another prisoner, or is setting up a “store” for profit.

16. Paragraph Y addresses debit cards.

17. Paragraphs CC through LL address the disposition of accounts upon transfer, release, parole, discharge, escape or death. These sections are completely rewritten and need to be reviewed carefully. Specific attention needs to be paid to the following:

a. The time requirements for the transfer of funds when a prisoner transfers (Paragraphs CC andFF - HH). The Deputy Director of Correctional Facilities Administration (CFA) or designee is to be notified in writing whenever funds are not transferred between CFA institutions in a timely manner. Also, funds for certain

PAGE 3

purchases are tobe loaned to a CFAprisoner whose account is not transferred within required time frames (Paragraph CC).

b. When the transfer of an account needs to be expedited (Paragraph DD).

c. That funds remaining in an account of aprisoner paroling or discharging are to be used to satisfy any remaining institutional debts; the balance left in the account is then given to the prisoner (Paragraph HH).

Please remove PD 04.02.105 (effective November 11,1991) and DOMs 2001-19 and 2001-20 from your manuals andreplace PD 04.02.105 withthe attached.



Richard Stapleton, Administrator

Office of Policy and Hearings



POLICY DIRECTIVE NUMBER 04.02.105

EFFECTIVE DATE 01/01/02

PAGE 1 OF 9



PRISONER FUNDS



MCL 600.2963, 600.551 1, 700.3981, 780.766,

791.203, 791.220h, 791.237, 791.268

Administrative Rule 791.6639

ACA STANDARDS

3-4045 3-4047,3-4279



I. POLICY STATEMENT: Correctional Facilities Administration (CFA) prisoner institutional accounts shall be handled and monitored as set forth in this policy.

II. RELATED POLICIES: 04.02.107 Collection of Court-Ordered Victim Restitution/Filing Fees And Costs

04.02.1 15 Institutional Accounts for Prison Organizations/Religious Groups





III.POLICY:GENERAL INFORMATION

A. For purposes of this policy, a "family member" is a grandparent, parent, stepparent, spouse, mother-in-law, father-in-law, child, stepchild, grandchild, sibling, stepbrother and stepsister. An aunt and/or uncle also is considered a family member if there is adequate verification that the aunt and/or uncle served as a surrogate parent.

B. Each prisoner in a CFA institution shall have an institutional account. Funds credited to the account shall be available to the prisoner for personal use only as set forth in this policy. No other medium of exchange (e.g., stamps) shall be used by prisoners to pay for goods or services.

C. Prisoners shall not solicit or collect funds from other prisoners except as permitted

for fundraising activities pursuant to PD 04.02.11 5 "Institutional Accounts for Prison

Organizations/Religious Groups".

D. If funds are received by a prisoner that may be related to illegal activity, the matter shall be referred to the appropriate law enforcement agency. Upon request of a

law enforcement official and approval of the Warden, notices required to be issued

and hearings required to be conducted pursuant to this policy may be delayed for

a reasonable length of time to allow for a criminal investigation.

E. MCL 791.220h and MCL 600.551 1 require that all proceeds from a judgment or settlement in a lawsuit by or on behalf of a prisoner against the Department or its employees be used to pay various debts of the prisoner. Prior to authorizing the payment of a judgment or settlement to anyprisoner in such a lawsuit, the Manager of the Litigation and FOlASection of the Office of Audit, Internal Affairs and Litigation or designee shall determine whether the Department has received an order from a court requiring the prisoner to pay restitution, court costs/fees or the cost of incarceration pursuant to the Prison Reimbursement Act, or whether the prisoner has any institutional debt. If the prisoner owes money for any of these reasons, the Manager shall ensure that the funds from the judgment or settlement are distributed to pay the amounts owed in the priority identified inParagraph S prior to any other disbursement. If the money is owed pursuant to court order, the Manager shall contact the appropriate court to verify the amount prior to sending

POLICY DIRECTIVE 04.02.105PAGE 2 OF 9
the funds to the court. The Manager shall ensure that either the administrative officer of the institution at which the prisoner is housed or appropriate Fields Operations Administration (FOA) staff are notified of any distribution so that Department records are adjusted accordingly.
F. All funds accompanying a prisoner from jail or when received at a reception facility, transferred from the Michigan Youth Correctional Facility (MYC), earned on a CFA work or school assignment, received for the sale of hobbycraft pursuant to PD 05.05.102 “Resident Hobbycraft Programs”. Or transferred from another fiduciary account under the control of the Department (e.g., store reimbursement) shall be credited to the prisoner’s institutional account. Subject to Paragraphs G, H and J, any other funds received shall be credited to the prisoner’s account if in the form of a cashier check, certified check or, prior to February 1, 2002. Under no circumstances shall cash be accepted.

G. Not withstanding the limitations set forth in Paragraph F, the following shall be credited to a prisoner's institutional account:

1. Government checks payable to the prisoner only. However, a check from the Social Security or Veterans Administration or the Family Independence Agency shall be credited only after the agency is contacted and verification is received that the prisoner is legitimately entitled to such benefits. Income tax refund checks do not routinely required verification prior to being credited; however, checks that appear suspicious (e.g., a large refund payable to a prisoner incarcerated during the taxable period) may be verified with the issuing agency prior to being credited.

2. Payroll checks from the prisoner's employer prior to incarceration.

3. Refund checks from a vendor for merchandise ordered by the prisoner through an institution

H. Although checks payable to multiple parties are not to be credited to a prisoner's institutional account, they may be endorsed by the prisoner payee and sent at his/her expense to the other payee, provided the other payee is not a prisoner and the address of the other payee is sufficiently identified. This also applies to money orders received prior to February 1, 2002.

I. Funds received in an unauthorized form, including money orders received beginning February 1, 2002 and cash, shall be returned to the sender at Department expense with an explanation as to why the funds are being returned. The prisoner also shall be notified that the funds were returned.

J. Except if for the purchase of hobbycraft pursuant to PD 05.03.102 "Resident Hobbycraft Programs", funds received from any of the following sources shall not be credited:

1. Funds known to be from a Department employee unless the employee is a family member of the prisoner andapproval is obtained from both Wardens or, if not a CFA institutional employee, the appropriate supervisor and Warden.

POLICY DIRECTIVE NUMBER 04.02.105 PAGE 3 OF 9

2. Funds known to be from or sent on behalf of another prisoner, parolee or probationer unless the offender is a family member of the prisoner receiving the funds. In such cases, approval must be obtained from both Wardens or, if from an offender in Community Residential Programs (CRP) or the Special Alternative Incarceration Program facility (SAI), the Warden and the SAI Administrator, CRP Manager/Supervisor or supervising field agent, as appropriate.

3. Funds known to be from a family member of another prisoner, parolee or probationer unless the individual sending the funds is a family member of the prisoner receiving the funds.

4. Funds known to be from a volunteer who is not authorized to send funds to the prisoner pursuant to PD 03.02.105 "Volunteer Services and Programs". The Warden shall be advised if such funds are received.

5. Funds known to be from an outreach volunteer. The Warden shall be advised if such funds are received.

6. Funds from an unidentified source (e.g., name of sender not provided, name provided believed not to be that of the sender).

K. Whenever funds are received which are believed to violate Paragraph J of this policy, a Notice of Package/Mail Rejection (CSJ-316) shall be completed and promptly sent to the prisoner. The Notice shall specify why the funds are believed to be in violation of Paragraph J.

L. Unless the prisoner waives his/her right to a hearing in writing, and the prisoner and staff agree on the appropriate disposition of the funds, a hearing shall be conducted pursuant to Administrative Rule 791.3310 to determine if the funds violate Paragraph J of this policy for the reason(s) identified in the Notice of Package/Mail Rejection.

M. If a hearing is conducted, an Administrative Hearing Report (CSJ-144) shall be completed by the hearing officer. If the hearing officer finds that funds were not received in violation of Paragraph J, the funds shall be promptly credited to the prisoner's institutional account in accordance with this policy. If the hearing officer finds that funds were received in violation of Paragraph J, the hearing officer shall determine the appropriate disposition of the funds as set forth below. The hearing officer may take into consideration the prisoner's choice of disposition in making that determination.

N. Funds received in violation of Paragraph J of this policy shall be disposed of by

one of the following means, as determined by the hearing officer or as indicated by

the prisoner on the Notice of Package/Mail Rejection if a hearing was not required:

1. Placed in the Prisoner Benefit Fund (PBF), if from an unidentified source.

2. Returned to the sender at the prisoner's expense. Funds shall not be loaned for this purpose. If the prisoner does not have sufficient funds to pay the required postage after a time period established by the Warden, the funds shall be placed in the PBF; the prisoner shall be notified in writing if this occurs.

POLICY DIRECTIVE 04.02.105 PAGE 4 OF 9

3. Mailed at the prisoner’s expense to a person designated by the prisoner, except that the funds shall not be sent to another prisoner, a court, an identified public official, or a Department employee unless that employee or public official is a family member of the prisoner. Funds shall not be loaned for this purpose. If the prisoner does not have sufficient funds to pay the required postage after a time period established by the Warden, the funds shall be placed in the PBF: the prisoner shall be notified in writing if this occurs.

0. A prisoner who disagrees with the outcome of the administrative hearing may file a grievance as set forth in PD 03.02.1 30 "Prisoner/Parolee Grievances".

P. The Warden may approve a method for funds to be hand-delivered by members

of the public to the institution (e.g., drop box) for credit to a prisoner's account, consistent with the requirements set forth in Paragraphs F and J. If approved, the Warden shall ensure that a notice is posted in an area accessible to members of the public advising them how this can be done and any restrictions in place, including those identified in Paragraphs F and J. The notice shall specifically state that cash and, beginning February 1, 2002; money orders will not be accepted.

Funds received in violation of these requirements shall be returned or, if the address of the source is not sufficiently identified, deposited in the PBF.

REMOVAL OF FUNDS FROM PRISONER ACCOUNTS

Q. A fact-finding hearing shall be conducted pursuant to Administrative Rule 791.3310 before funds are removed from a prisoner's institutional account, except when due to one or more of the following:

1. Pursuant to a court order.

2. Pursuant to a prisoner's written request.

3. Pursuant to an order to pay restitution issued by a hearing officer for major or minor misconduct.

R. Prior to the hearing, a Notice of Intent to Conduct an Administrative Hearing (CSJ-

282) shall be completed and promptly sent to the prisoner. The notice shall specify the reason the funds are to be removed from the account. At the time the notice is written, a hold may be placed on the funds which are the subject of the hearing. The hearing officer shall record relevant statements by the prisoner on an Administrative Hearing Report, along with the hearing officer's findings. If the hearing officer does not order that the funds be removed from the prisoner's account, any hold placed on the funds which were the subject of the hearing shall be removed. If the hearing officer orders that funds be removed, the funds shall be removed as set forth in Paragraphs S and T.

S. Funds shall be removed from a prisoner's institutional account to pay his/her debts under the following priority, unless otherwise ordered by a court:

1. To reverse a credit for a check found to be uncollectable (e.g., non-sufficient funds).

2. Payment of victim restitution as set forth in PD 04.02.107 Collection of Court-Ordered Victim Restitution/Filing Fees And Costs".

POLICY DIRECTIVE NUMBER 04.02.105 PAGE 5 OF 9

3. Payment of child support ordered by a court. Funds shall be removed onlyif the court orders the Department to remove the funds. However, an "order of income withholding" directing the Department to remove funds generally is not sufficient to authorize removal of funds. If there is more than one order of support for which the Department is required to remove funds from a prisoner's account, the funds shall be divided equally between or among the required payments.

4. Payment of court-ordered filing fees and/or costs as set forth in PD 04.02.107 "Collection of Court-Ordered Victim Restitution/Filing Fees And Costs".

5.Payment for any other reason as ordered by a court, the court orders that funds be removed to satisfy the order or pursuant to the Prison Reimbursement Act. The orders shall be satisfied in chronological order based on the date received in the appropriate business office.

6. Payment of fees for medical services assessed pursuant to PD 03.04.101 "Prisoner Health Care Co payment", in chronological order.

7. Payment of all other institutional debts, in chronological order

T. All funds received by a prisoner shall be used to satisfy his/her debts as outlined in this policy except under the following circumstances, or as otherwise ordered by a court:

1. It would leave the prisoner with less than $9 available during the month for personal use. This includes if funds are being removed pursuant to a court order, unless the order requires otherwise.

2. The funds were loaned or advanced to the prisoner by the Department

(e.g., parole loan).

3. The funds were sent specifically for "release planning" or for payment of medical or education expenses. Such funds shall be used only for that purpose after first satisfying any court-ordered payments (e.g., filing fees and/or costs, victim restitution, the Prison Reimbursement Act).

4. Only 50% of funds received in excess of $50 per month shall be removed

for payment of restitution, as set forth in PD 04.02.107 "Collection of

Court-Ordered Victim Restitution/Filing Fees And Costs".

5. Whenever a prisoner is assessed a fee for medical services pursuant to

PD 03.04.1 01 "Prisoner Health Care Co payment" or incurs another institutional debt, 100% of the prisoner's positive account balance shall be collected initially even if this would leave the prisoner with less than $9 available during the month for other personal use. Collection on the remaining debt shall be limited to 50% of future funds received for credit to the account unless the prisoner agrees in writing to a larger amount.

PRISONER SPENDING

U. Prisoners shall not be permitted to purchase or order goods or services on a credit or cash-on-deliver (i.e., C.O.D.) basis. Prisoners shall not possess accounts at financial institutions or use credit cards.

POLICY DIRECTIVE NUMBER02 04.02.105 PAGE 6 OF 9

v. Prisoners shall be permitted to spend funds credited to their institutional accounts except for those which are subject to a debt or hold pursuant to this policy. However, the funds my be used only for the following purposes:

1. Transfer to family members and to a parent or verified legal guardian the prisoner's child, stepchild or grandchild. The Warden may authorize the transfer of funds to other individuals for the care of a family member of the prisoner (e.g., child).

2. Payment of verified personal or legal expenses as approved by the Warden or designee. This includes fines, costs and other assessments imposed by a court. This also includes payment of fees assessed for DNA testing pursuant to MCL 28.176 or MCL 791.2334. If the DNA sample was taken by the Department, the payment is to be sent to the Department Of Treasury for the Department of State Police. Other DNA test fees are to be paid to the court that ordered the fee to be paid.

3. Purchase of personal property, including prisoner store items, in accordance with PD 04.07.112 "Prisoner Personal Property". Up to $75 may be spent every two weeks (i.e., 26 times per calendar year) for the purchase of standardized store items sold in the prisoner store; an additional $15 may be spent in the month of December. Funds not spent by the prisoner during the two-week period shall not carry over to any subsequent period.

4. Purchase of U.S. Savings Bonds. Bonds must be made payable to the prisoner only; however, a beneficiary may be designated on the bond. Another offender shall not be designated as a beneficiary unless the offender being designated is a family member of the prisoner to whom the bond is payable. Since prisoners are not allowed to possess savings bonds, bonds must either be sent to a person designated by the prisoner at the prisoner's expense or, if approved by the Warden, stored for the prisoner by the facility until the prisoner transfers, paroles or discharges.

If stored, the bonds shall transfer with the prisoner.

5. Contribute to charitable organizations as approved by the Warden or designee.

6. Purchase of finished hobbycraft items to be sent out of the facility, in accordance with PD 05.03.102 "Resident Hobbycraft Programs".

7. Purchase of other items or services as approved by the Warden, consistent with Department policy. However, funds shall not be used to join pen pal organizations, to establish or maintain Internet web sites or to place any advertisement.

W. Funds shall be loaned to prisoners who lack sufficient funds to purchase any of the following:

1. Replacement identification cards.

2.Debit cards and padlocks, provided the prisoner agrees to repay the debt at 100% of future funds received by signing a Disbursement Authorization (Prisoner) form (CAR-893).

POLICY DIRECTIVE NUMBER 04.02.105 PAGE 7 OF 9

3. Postage and writing materials for litigation as set forth in PD 05.03.118 “Prisoner Mail”. Funds for writing materials for litigation also shall be loaned to prisoners in any form of segregation other than protective segregation as set forth in PD 05.03.118.

4. Photocopies of legal documents as set forth in PD 05.03.1 15 "Institutional Law Libraries".

5. Footlockers for allowable excess legal property unless the prisoner is provided a free footlocker for this purpose for use at that institution.

X. A prisoner found at a hearing conducted pursuant to Administrative Rule 791.3310 to have incurred heavy indebtedness to another prisoner, to be the victim ofexploitation or extortion by another prisoner, to be using funds or store purchases to exploit or corrupt another prisoner, or to be setting up his/her own "store" for profit may have his/her spending restricted. Prior to the hearing being conducted, the prisoner shall be provided with a Notice of Intent to Conduct an Administrative Hearing specifying the reason why the prisoner's spending should be restricted.

The prisoner's spending may be restricted pending the hearing but, in such cases, the hearing shall be held within 14business days after the restriction is imposed. The hearing officer shall record relevant statements by the prisoner on an Administrative Hearing Report, along with the hearing officer's findings. The period and nature of any restriction shall be determined by the Warden or designee. The prisoner shall be given credit for any period of time for which the prisoner's spending was restricted pending the hearing.

Y. The Warden may authorize the use of a debit card by prisoners for the purchase of authorized goods and services. If the debit card is for the purchase of store items, the initial card shall be issued to prisoners free of charge. The Warden may charge a fee for debit cards used for the purchase of other goods and services and for replacement cards. Aprisoner shall not possess or use another prisoner's card for any reason. Aprisoner possessing or using another prisoner's card, or allowing another prisoner to possess or use his/her debit card, may be subject to discipline in accordance with PD 03.03.105 "Prisoner Discipline".

RECORD MAINTENANCE

Z. The appropriate administrative officer shall ensure that accurate records are maintained for funds removed from a prisoner's institutional account. The prisoner shall be provided with a statement of his/her account activity at least quarterly which identifies when and why funds were removed from, and any debts and holds were placed on, the account.

RECONCILIATION

AA. Each administrative officer shall ensure the prisoner accounting system reconciles at least monthly with the Michigan Administrative Information Network (MAIN).

BB. Reconciliation records shall be retained at the institution in accordance with the

Department's Retention and Disposal Schedule.

POLICY DIRECTIVE NUMBER 04.02.105 PAGE 8 OF 9

DISPOSITION OF ACCOUNT UPON TRANSFER OR RELEASE

Transfer Within CFA

CC. When a prisoner transfers from one CFA institution to another, the Warden of the sending institution shall ensure the prisoner’s institutional account is transferred to the receiving institution within ten business days or, beginning February 1, 2002 five business days following the prisoner’s transfer. Funds received for credit tc the account after transfer of the account shall transfer within ten business days or beginning February 1, 2002, five business days after receipt. The CFA Deputy) Director shall be notified in writing through the appropriate chain of command ii funds are not received within these required time periods. If the transfer is no received within the required time period and the prisoner does not have at least $9available for personal use at the receiving facility, s/he shall be loaned up to $9 to purchase prisoner store items provided s/he has the funds in his/her account to repay the debt and agrees to repay it at 100% by signing a Disbursement Authorization (Prisoner) form (CAR-893).

DD. The transfer of a prisoner’s account shall be expedited upon request of the Warden of the receiving institution or designee when the prisoner needs access to the account to pay court-ordered filing fees in a timely manner. It is the prisoner’s responsibility to notify staff sufficiently in advance of when the funds are needed so this can be accomplished.

Transfer to Non-CFA Facility

EE. When a prisoner transfers to SAI, his/her institutional account shall remain with the sending institution until the prisoner has completed or been terminated from SAI. The SAI Administrator shall ensure the institution is notified of the address to which the funds are to be forwarded.

FF. When a prisoner transfers to MYC or another jurisdiction to serve his/her Michigan sentence (e.g., Federal Bureau of Prisons), the funds in the prisoner’s account and any subsequent funds received for credit to the account shall be forwarded within the time periods set forth in Paragraph CC.

GG. When a prisoner transfers to CRP, the funds in the prisoner’s account and any subsequent funds received for credit to the account shall be forwarded to the appropriate supervising agent within the time periods set forth in Paragraph CC, unless the instructions provided on the Transfer Order - Community Programs form

(CFJ-151) indicate otherwise.

Parole/Discharge

HH. When a prisoner paroles or discharges, the funds in his/her institutional account or subsequently received for credit to the account shall be used to satisfy any remaining institutional debts. For prisoners paroling, this shall be done prior to processing a parole loan pursuant to PD 06.02.120 “Parole Loans”. The balance remaining in the account of a prisoner paroling, and the balance of any subsequent funds received for credit to the account, shall be forwarded to the appropriate supervising agent within the time periods set forth in Paragraph CC. If the prisoner is discharging, the balance shall be given to the prisoner at discharge; the balance of any subsequent funds received for credit to the account shall be mailed to the prisoner’s last known address within the time periods set forth in Paragraph CC.

POLICY DIRECTIVE NUMBER 04.02.105 PAGE 9 OF 9

II. When a prisoner is discharging on the maximum sentence less applicable credits and his/her account balance is less than $75 after the removal of funds to satisfy any remaining institutional debts, the Warden shall authorize payment from the institution’s CSS&M account for the difference between the balance and $75 if the prisoner has no other visible means of support and the Warden or designee has determined that the prisoner conserved personal funds in a reasonable manner. However, a prisoner discharging to another agency’s custody shall only be given the funds remaining in his/her account.

DISPOSITION OF ACCOUNTS UPON ESCAPE OR DEATHS

JJ. Accounts of escapees who have not been apprehended shall remain open for one year. After that time, all funds in the account shall be forwarded to the Unclaimed Property Division of the Department of Treasury.

KK. If a prisoner dies and the account does not exceed $500, the funds may be delivered to a person providing identification and an affidavit that s/he is the spouse, child or parent of the prisoner and that there is no application or petition pending for administration of the prisoner's estate. If the prisoner's account exceeds $500, the funds shall only be released with proper court documentation. Savings bonds in the prisoner's name being stored for the prisoner shall be included unless another individual is identified on the bond as the beneficiary. In such cases, the administrative officer shall make a reasonable effort to locate the beneficiary and forward the savings bond. All funds, including bonds, unclaimed after one year shall be forwarded to the Unclaimed Property Division of the Department of Treasury.

LL. Any remaining institutional debt shall be deemed uncollectible, and all holders and debts removed, upon a prisoner's death or two years after discharge on the maximum sentence, discharge from parole, or escape, unless the prisoner is returned to the Department's custody. However, whenever the prisoner's institutional debts total $100 or more they be referred to the Department of Treasury for collection, unless the prisoner is deceased. The Department of

Treasury shall be notified if funds are received subsequent to that referral.

OPERATING PROCEDURE

MM. Each CFA Regional Prison Administrator shall ensure that procedures necessary to implement this policy directive are developed within 60 calendar days after its effective date.

NN. A Primary Audit Elements List has been developed and will be provided to

Wardens to assist with self audit of this policy, pursuant to PD 01.05.100 "Self Audit of Policies and Procedures".



Bill Martin, Director
__________________
"From the inside out~~~Support Support Support!"
Angel
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