Section 1. Short Title This Act may be cited as the “Michigan Dignity and Transparency in Public Facilities Act.”

Section 2. Findings and Purpose (a) Findings. The Michigan Legislature finds that: Humane treatment in administrative detention is consistent with constitutional due process (Bell v. Wolfish, 441 U.S. 520 (1979); Brown v. Plata, 563 U.S. 493 (2011)), public health standards under MCL § 333.1101, and fiscal responsibility. All persons in Michigan, citizen or non-citizen, are entitled to due process under the State Constitution (Art. I, § 17) and U.S. Constitution; reforming administrative detention improves conditions in all state facilities. The State has an oversight role under MCL § 791.262 requiring humane jail administration, analogous to administrative detention. Senate Bill 489 (2019) prohibited for-profit detention contracts, reflecting bipartisan recognition of privatization risks. The Federal Short-Term Detention Standards Act (2019) provides benchmarks for humane detention. This Act regulates state or local facilities and contracts under Michigan’s police power (Hodel v. Virginia Surface Mining, 452 U.S. 264 (1981)), expressly excluding federal immigration policy or facilities under DHS control, per Arizona v. United States, 567 U.S. 387 (2012). This Act applies only to state or local facilities not directly operated by DHS, with no impact on federal immigration enforcement powers under INA § 287(g). Community-based Alternatives to Detention (ATDs) achieve 92% hearing attendance at $10–$30 per day compared to $150 per day in detention (DHS 2021). Detention increases attendance rates only marginally (0.01%–3.69%) at vastly higher cost (GAO 2023). (b) Purpose. This Act seeks to: Establish enforceable humane treatment standards. Guarantee access to legal counsel. Create independent oversight for administrative detention facilities. Expand cost-effective, community-based ATDs. Protect dignity regardless of citizenship, with no tax increases. This Act cuts costs and protects dignity by replacing costly detention with effective alternatives. This Act sets a model for dignity nationwide, starting in Michigan. This Act’s goals shall be publicized via MDHHS campaigns, highlighting $1.68B savings and humane standards, to ensure public awareness and support.

Section 3. Definitions Administrative Detention—Holding people for paperwork issues, not crimes. Facility—Any state or local site (e.g., jails, contracted bedspace) used for administrative detention under INA § 287, excluding federal facilities or holds ≤ 12 hours. Humane Treatment Standards—Minimum requirements including: At least 1 medical staff per 50 detainees, with 24/7 access (ICE PBNDS 2011). A minimum of 40 square feet per detainee, reducing health risks by 15% (MDHHS, 2024). USDA-standard nutrition, meeting 2,000 kcal/day. Sanitation and safety consistent with MCL § 333.1101 and OSHA, upheld in Estelle v. Gamble, 429 U.S. 97 (1976). For-Profit Detention—Private companies profiting off detaining people, like GEO Group, verified by IRS Form 990 audits. Alternatives to Detention (ATD)—Programs letting people stay with family while attending hearings, saving millions. Primary Caregiver—Parent or guardian of a child or dependent.

Section 4. Funding and Fiscal Responsibility (a) Funding Sources. This Act shall be cost-neutral to the State General Fund. Funding shall come from: Licensing fees set at $10,000 per facility annually, based on MDHHS 2025 cost-recovery estimates, ensuring a $5M minimum for SOAC and ATDs, deposited into the Dignity & Transparency Fund. If fees and grants yield less than $5M annually, MDHHS shall prioritize ATD funding, reducing SOAC caseloads proportionally per MDHHS 2025 estimates, capped at 25% annually to ensure due process compliance, per Michigan Const. Art. I, § 17. Civil penalties collected under Sections 7(c) and 9(a). Federal grants (e.g., DOJ Byrne Grants; DHS humanitarian programs). Reallocation of existing oversight resources within MDHHS/MDOC, subject to appropriation. (b) Fiscal Responsibility. MDHHS shall publish a fiscal note within 90 days on dignity.state.mi.gov, verified by MDOC/MDHHS 2025 data. The fiscal note is to include a contingency plan for revenue shortfalls, certified by the State Treasurer. Annual audits shall be made public. (c) Research Basis. Reports confirm that humane standards reduce emergency care and litigation costs (MDHHS 2024; Brown v. Plata, 2011); ATDs deliver high appearance rates at a fraction of detention costs (DHS 2021; TRAC 2025); and privatization increases risks, while public oversight reduces violations (GAO 2020).

Section 5. Prohibition on For-Profit Detention (a) Ban. No state or local contracts with for-profit entities for administrative detention, defined as entities or subsidiaries deriving direct or indirect profit, including management fees or pass-through revenue, as determined by IRS Form 990 audits by the Michigan Department of Treasury. Federal facilities or DHS contracts under INA § 287 are excluded, per Arizona v. United States (2012). (b) Phase-Out. All existing contracts terminate within 12 months, based on MDOC 2025 data showing 90% contract transitions feasible within 12 months. Counties may apply for transition assistance from the Dignity & Transparency Fund, subject to available fee and penalty revenues. Fines of $5,000 per day for delays beyond 6 months, escalating to $10,000 per day after 9 months.

Section 6. Right to Counsel and ATD Expansion (a) Guarantee. All individuals in administrative detention shall receive state-funded counsel for custody proceedings and related administrative hearings, limited to ensuring due process under Michigan Const. Art. I, § 17. (b) Administration. The State Office of Administrative Counsel (SOAC) shall be established within the Michigan Attorney General’s Office, prioritizing high-risk cases (e.g., children, disabled persons). Caseload caps shall be set by MDHHS. Partnerships may include law schools, nonprofits, and public defenders. SOAC is funded by $5M annual DOJ Byrne Grants (2025 allocation) and Dignity & Transparency Fund fees. If grants fall below $5M, MDHHS shall reallocate from existing oversight budgets. (c) Access Requirements. Facilities shall provide 1 confidential room per 25 detainees and free, private phone or video access (Procunier v. Martinez, 416 U.S. 396 (1974)). (d) ATD Expansion. Community-based ATDs shall be expanded for low-risk detainees, defined as non-criminal detainees per DHS 2021 risk assessment protocols, targeting 92% hearing attendance at $10–$30 per day versus $150 per day detention, funded within available fee revenues, federal grants, and appropriations. ATDs shall be prioritized for 50% of low-risk detainees within 12 months, based on MDHHS 2025 pilot data showing 60% low-risk detainees eligible for ATDs in Calhoun County, saving up to $1.68B nationally ($6k vs. $66k per person, DHS 2021). Baseline eligibility set at 60% of administrative detainees per MDHHS 2025 data, adjusted quarterly by county. MDHHS to set county-specific ATD targets, reported quarterly on dignity.state.mi.gov. Non-compliance with ATD targets incurs $2,500/day fines per county, enforced by MDHHS, starting 6 months post-implementation.

Section 7. Humane Treatment Standards and Oversight (a) Standards. MDHHS shall issue binding regulations within 270 days incorporating Michigan public health codes, OSHA safety rules, and ICE PBNDS 2011 benchmarks. (b) Oversight. An Independent Oversight Commission under the Attorney General shall: Conduct unannounced inspections based on risk protocols defined by MDHHS per ICE PBNDS 2011, prioritizing facilities with prior violations or >50 detainees. Maintain quarterly dashboards on dignity.state.mi.gov reporting compliance, grievances, penalties, and ATD attendance rates. Issue corrective orders within 14 days. Commission members appointed by a bipartisan legislative panel, serving 4-year terms, barred from financial ties to detention facilities, per Michigan Ethics Act (MCL § 15.341). Members file annual conflict-of-interest disclosures, publicly posted on dignity.state.mi.gov. (c) Accountability. Fines of up to $5,000 per day shall be imposed after 15 days of noncompliance. Licenses may be revoked after 45 days. Corrective orders specify violations and compliance steps, appealable within 7 days to MDHHS, with no stay of fines unless approved by court. Penalties shall be reported publicly within 24 hours (Brown v. Plata). MDOC, Jail Oversight Report (2025): 30% of contracted facilities delayed corrections due to frivolous complaints.

Section 8. Implementation Schedule (a) Timeline. This Act shall be phased in over 18 months, with quarterly MDHHS progress reports to the Legislature. (b) Support. MDHHS shall provide technical assistance and compliance training.

Section 9. Enforcement (a) Penalties. Non-compliance triggers fines up to $5,000 per day after 15 days, with license revocation after 45 days. Frivolous legal challenges shall incur $10,000 sanctions. (b) Private Right of Action. Individuals harmed by violations may seek injunctive relief or damages, subject to pre-filing certification by SOAC to verify harm, with $5,000 sanctions for frivolous claims.

Section 10. Public Safety Assurance Nothing in this Act limits lawful criminal detention under the Fourth Amendment, Michigan Const. Art. I, § 11, and Gerstein v. Pugh, 420 U.S. 103 (1975). Administrative detainees shall be housed separately from criminal detainees except in emergencies. No administrative detention may exceed 90 days without court-approved extension (Zadvydas v. Davis). Public safety exceptions require clear and convincing evidence of imminent danger, defined as credible threat of violence or flight risk, per DHS 2021 guidelines, verified by judicial review within 72 hours. Exceptions are limited to 10% of detainees annually, reported quarterly on dignity.state.mi.gov. Imminent danger classifications audited quarterly by the Oversight Commission, with $2,500/day fines for misuse beyond the 10% cap. Repeated misuse (2+ violations/year) escalates to $5,000/day fines per facility. Misuse incurs fines of $5,000 per day. Courts shall hear petitions challenging detention within 10 days, prioritizing liberty interests.

Section 11. Severability If any provision of this Act is held invalid, the remainder shall remain in effect, per Michigan Const. Art. IV, § 24.

Research Appendix Brown v. Plata (2011): Inhumane conditions cost $1B+ in litigation nationally. MDHHS 2024: Humane standards cut emergency care costs by 15%. Grassian (2006): Inhumane conditions raise mental health costs by 30%. ACLU Michigan 2024: 30% of unrepresented detainees face wrongful removal. MDOC 2025: 10% excess jail capacity available; privatization risks documented. DHS 2021; TRAC 2025: ATDs = 92% attendance, $10–$30/day; detention costs $66k/deportation. GAO 2020: For-profit facilities show higher violation rates; IRS audits reduced violations by 80%. Arizona v. United States (2012): States may regulate local facilities absent federal conflict. Zadvydas v. Davis (2001): Limits indefinite detention, supporting ATD expansion. Hodel v. Virginia Surface Mining (1981): Confirms state police power. KFF 2025: $66k covers 1 year of family healthcare costs. GAO 2023: Detention’s 0.01%–3.69% attendance boost costs billions. Notes: All data as of August 2025, per MDOC, MDHHS, and DHS reports. Fiscal note (Sec. 4(b)) shall include ATD savings projections based on 1,000 detainees. Oversight Commission (Sec. 7) to monitor ATD performance annually.