LANSING — Nine months after state lawmakers and the governor approved an operational budget for the state, the Michigan Department of Corrections has turned back to the legislature to ask for more money.

In May 27 letter from Robert Emerson, director of the state budget office, Emerson tells lawmakers that MDOC has overspent its budget by $46.25 million. The cost overruns were the result of delays in closing three prison facilities, unexpected increases in worker’s compensation claims and payments, shortfalls in parole oversight fee collections and 1,300 more prisoners than the department had planned for originally.

Emerson’s letter tells lawmakers that MDOC will seek an additional $28 million to pay for the overruns, while closing the remainder of the gap with unspecified spending cuts in the department.

Rep. John Proos, (R-St. Joseph) says MDOC has a serious problem staying within its budget, noting that it has “blown through its caps” two out of the last three years.

The issues surrounding the budget overruns are clear, Proos says.

“One, the department is run in an inefficient manner, and two, i believe our salary and benefit scales are out of whack with surrounding states,” says Proos. He says the states bordering Michigan spend on average $70 a day per prisoner while Michigan spends over $90 per day. Proos says that MDOC officials have seen an average of over three percent increases every year since 2003, and blames that on the office of the state employer, which negotiates contracts, and the governor’s office.

The lawmaker would like to see the money taken from the 2010-2011 fiscal budget.

“If I had a way to influence it other than being a legislator asking questions, I would hold it from next year,” Proos said. But the House has already approved a budget for next fiscal year, which was more than the Republican-controlled Senate had approved. That, he said, means that the conference committee will have to iron out the differences and he believes he will be unable to get approval to withhold $28 million from that budget.

John Cordell, a spokesman for MDOC, says the overruns are necessary to department operations and are often unforeseeable.

“There is a cost to doing business,” Cordell said. “Corrections is unlike any other state agency in that we house over 45,000 people. While we have been able to control our population, there are things that are out of our control and that creates an underfunded situation. Utilities, fuel, health care costs, food costs, and employee compensation costs including overtime, step increase costs (wage and salary increases mandated by contract), and workers’ compensation all create pressures on the corrections budget.”

MDOC also kept the Standish and Muskegon prisons open beyond their scheduled closing. The goal was to get those facilities used by the federal government or another state. For months, state and local officials unsuccessfully courted the federal government to locate prisoners from Guantanamo Bay Cuba to Standish.

At the same time state officials also negotiated for months to bring prisoners from other states to either Standish or Muskegon. Ultimately those efforts proved successful, with Pennsylvania sending some 1,300 prisoners to Muskegon.

“We knew that there would be additional costs as a result of keeping three facilities open past September 30,” Cordell said. “The Department was working with all interested parties in an attempt to keep from having to close the facilities by bringing prisoners from other agencies into the prisons. We were able to achieve this with the Muskegon Correctional Facility, saving nearly 300 jobs.”

But Proos says some of the spending issues in the prison system point to inefficiencies. He says that on average prisoners have 10 prescription drugs. Those drugs are handled by dozens of people from the time they are received in central receiving to the time they are distributed to the prisoners.

Proos also says that there are savings to be found in things as simple as the prison menus, noting that MDOC currently has different menus at each prison.

“Because of that, we can’t harness the power of buying,” Proos said. He says the state can save nearly $6 million a year by standardizing the menus, but “the department has refused.”

But MDOC spokesman John Cordell says the department has been looking at standardized menus.

“The MDOC is currently piloting a program that would standardize menus statewide to help lower overall costs,” Cordell says. “We are seeing savings in the pilot and the department is committed to realizing cost-saving measures through supply chain management in both food service and prisoner transportation.”

Proos stopped short of calling for MDOC Director Patricia Caruso’s resignation over the budget problem.

“I think Director Caruso needs to provide answers. She is ultimately responsible, as is the governor,” Proos said when asked if Caruso should resign over the overspending.