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HomeMy WebLinkAboutResolutions - 1989.11.30 - 17108November 30, 1989 MISCELLANEOUS RESOLUTION # 89309 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: SHERIFF DEPARTMENT - REIMBURSEMENT FOR INMATES SENTENCED TO THE OAKLAND COUNTY JAIL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS MCLA 801.83 allows Counties to seek reimbursement for custody and maintenance of inmates up to $30.00 per day or actual costs; and WHEREAS the current cost to house an inmate is $55.00 per day; and WHEREAS the Sheriffs Department is proposing to charge the maximum rate permitted by MCLAI801.83 for inmates sentenced to the Oakland County Jail; and 1 WHEREAS some of these individuals are employed and earning a wage. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approve the maximum rate permitted by MCLA 801.83 to be charged to inmates sentenced to the Oakland County Jail. BE IT FURTHER RESOLVED that such fees be collected in advance of time served when at all possible, if not the inmate will be invoiced at time of release. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE "(r)) House Bill No, 4402 (request no. 015:1686), • _ .."(o) House Bill No... 4307 (request no. - 0153785). - "(p) House Bill No. 4416 - (recjuest no. 01538'85J.. , "(q) House Bill No. 4422 (request no. - 0154085).". no. House Bill Nos. 4892, 4303, 4395, 4394,•4396, 4403, 4398, 4404, 4401; 4399, 441.7, •4400, 4423, 4402, 9397, 4418 and 4422 *ere enacted as'P.A..° 1985, Nos. 61, 44, 46, 45,17, 54, 49;55, 52, 50, 66„ 51, 60, 63, 48, 57 and 59, respectively, and' were approved and filed on June 14, 1985. P.A.1985, No. 68, was ordered to take immedi- . no.. ate effect and was approved and, filed on June 80'1.83. Reimbursement of expenses; financial statue of prisoners, forms -• - Sec. 3.-- (1) The county may seek reimbursement for any expenses incurred by the county in relation to the charge or charges for which a person was sentenced to ,a county jail as-follows: . (a)Enani ai...gc -,app who is or was a_pri3oner.i-e_tan__Mailes„As4:forlbe xpenses of matritaimng that prisoner' or the acttial per diem' cost of:maintainmif -that prisoner, whichever is less, for the entire period,:of,time the perion-,;Wai,confined iii the county jail, including any period of pretrial e4eten'tion.,$--:-1--'-'0 -- - ; (b) taugaLizalf—thtlinast2L1113A§...at the person, . • I - (e) Any other expenses incurred by the county in order to collect payments under this -1, act_ - "If) House -Bill No 440:3 (request. no. 01527'85). '-'(g) House Bill No. • 4393 (request no. 01528'85). ."(h) House Bill No, 4904 (request no. 0152985). "(i) House Bill No. 4101 (request no. 01531'85). ° "(j) House Bill No. 4359 (reqtiest 0153285). "(k) House Bill No. .4417 (request no. 0153385). '!(/ ) House Bill No. 4400 (request no. 0153485), - "(ml House .Bill No. 4423 (request 01535%55). 14, 1985. - COMPILED LAWS ANNOTATED 801.85 (2) Before seeking any reimbur-sement ,under this act, the courtly sioall develoaalau to be used fo t .24goliaing_thejj.nusdal.E.tatas_a_prig' ners: The forrn.shall Provide or o taming t e age and marital status Qf a prisoner, the number and ages of children of. -- a prisoner, the number and ages of other dependents, type and value of real estate,-typel - _ and value of personal property, cash and bank 'accounts, type and value of investments, . pensions and annuities and any other personalty of significant cash value. The ultnty. ,shall use .the form when •-• • , - inancial . o - _ P.A.1984, No. 118, f 3, Imd, Eft. June 1. 1 So in enrolled bill. - Library References , Counties 5=139. C.J.S. Counties § 213, • COMP :LED LAWS "ANNOTATED 601.63. Sentence reduction where act invoked more than once; gain time Sec. 13. If the provisions of this act are „invoked more than once with respect to an individual prisoner, sentence reductions granted to that prisoner pursuant to section 7 . shall not exceed 35% of the prisoner's original sentence. This section shall not limit a . sheriffs authority to grant a prisoner good time as authorized by law ., • P.A.1982, No. 325, § 13, Elf. Feb. 8, 1,983. . 1Section 801.57. 801.64, Effective date , See. 14. This act shall take effect upon the expiration of 60 days after it is enacted into law. P.A.182, No. 325, §-14, Ell. Feb. 8, 1983. IIIstorical-Note P.A.1982, No. 325, wa-s ordered to take' imme -dials effect and approved December 8, 1982. ' PRISONER..REIMbURSPIENT TO THE COUNTY ACT; „ distribution §180.768.. the county act." PA.1984, No. 118, § 1, Imd- Elf. June 1. 801.82.- County jail .. - - Sec. 2. For purposes of this act, "county jail" includes a • " house of correction , :under Act No. 278 of the Public Acts of 1911, being sections 802.202 to 802.201 of the " Michigan Compiled Laws. „ • ,_, - ., . ' P.A.1984, No. 118, § 2, Imci. Eft.-June 1. Amended by P.A.1985, No. 58, § 1, hod. Eft. June 14. - Historical Note . '1985 Amendment,. Substituted 'a house of correction" for "the Detroit house of correc-_ tion", and added "under Act. No. 278 of the Public Acts of 1911, being sections 802.202 to 802.204 of the Michigan Compiled Laws". P.A.1985, No. 58, § 2, provides: "This amendatory act shall not take effect sea all of the following - bills of .the 83rsi 1....ekrislature are enacted into law; 801.63 Caption editorially supplied Cron References escrow account, - Executions against homestead of judgment debtor under this act, see § 600.6022. - Profits to convicted defendant for depiction of crime in books, media entertainment, etc., .P.A.1984, No. 118,-Iand. Ea. Julie 1 . AN ACT regarding county jails and prisoners housed therein; to provide certain powers . -and duties of county officials;- and to provide for the reimbursement of ceitain expenses , incurred. by counties in regard to prisoners sentenced to county jail. The People of the State of Michigan enact:. .801.81. Shortiitle • Sec. 1: This act shall be known and.may be cited as "the prisoner reimbursement to of proceeds, see "(a) House Bill No. 4392 (request 1)0410'85 °'). "(b),Tiouse Bill No. 4393 (request 00410'85 a "(c) House Bill No. 4395 (request no., 0152,4'85). "(d) House Bill No. 4394 (request 01525'85). "(e) House BD.] No. *4396 (request 01526'85), ° InclIr:-Estpt tirrig,tInn 801.84. List of prisoners and information - - - _ .. . . . • - - -' Sec. 4. At, and in accordance with, the request of the County board of commissioners or of the county executive or a designee of the county-executive, the sheriff of the county shall forward to the board, county executive, or,designee of 'the county . executive a list cnntaininc'-ths' name of each sentenced Driaonr',"the term of sentence, and the .cra—e of of commissioners; the county executive, -or designee of the • . " a mission. toget ler \MTh information rep-arciin..7 1.11g ji_n_itacjaUtatu of each prisoner, as no. : a-Ii.751717-eT11.7----------%7th information re d'' _ required by e countrboar o commissioners; t e no. -county executive. P.A.1984, No. 118, §4, Imd. Eft. June 1. • no. 801.85. Prisoner cooperation with county _ . - • . • . _ . , no. _Sec. 5. (1) s..onei- in a county tail shal coo em-ale with the 'county . in seeking reimbursement un et- this act for experinrincurreo oy e county or that prisoner. Substantive changes in text Indicated by underline; asterisks • * ° Indicate deletion -COMPILED LAWS ANNOTATED (2)' A risoner who wilfully refuses to cooperate- as provided in subsection (1) shall not receive a re ucuori in is or ler -rm under section 7 of Act No. 60 of the Public Acts of 1962, being section 801.257 of the Michigan Compiled P.A.1984, No. 118, § 6, Imd. .ff. June 1. - • • " • - • 801.86. Investigation of reports - • . Sec. 6. The county board of commissioners or the county executive may investigate or cause to be investigated all the reports under section 4 furnished by the sheriff for the purpose of securing reimbursement for the expenses incurred by the county in regard to prisoners as provided for under this act. 801.87. Suit seeking reimbursement; pleadings; legal obligations;. money judgment. and liability of property Sec. 7. (1) Within 6 months of the release of a person as a sentenced prisoner from any county jail, an•attorne for lat. eosin 7 , a civil action to seek •imbursement from that person or maintenance atilt support of that person w e a or s e is or was a prisoner, or for any other expense fsx .s.wilidLt.titsau,s.y....".1gailads,rjesl_Lon 3, as provided in this sectiongtoLaj,ajil 1 _ . (2) A civil action brought under this act shall be instituted in the name of the county in which the jail is located and shall state the date and place of sentence, the length of time - set forth in the sentence; the length of time actually served, and the amount or 'amounts due to the county pursuant to section 3.2 41 I ot ten-it • 4e ell , I ; I .29115k:1=14fi :• ray n of, the defe _minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support., ' _ (4)Th.e_cat/LIDat Leaternamnne n.: against the defendant and may order that . P.A.1984, No. 118,1 7, Imd. Elf. June 1. 1 Sections 801.83 to 801.90. 2 Section 801.83. - Notes of Decisions Probation conditions 1 _COMPILED LAWS ANNOTATED (3) To protect and maintain the property pending resolution of the -matter, the court, upon request, may appoint a receiver. P.A.1984:No. 118, § 8, Imd. Eff. June -1. . • 1 Section 801.87, • - 801.89. Homestead exempt from execution Sec. 9, The county shall not enforce any judgment obtained under this act by means . of execution against the homestead of the defendant _ _ _ P.A.1984, No. 118, § 9, Imd. Eff. June 1. ' - - ' . . , Cross References - - Execution against judgment debtor under this ' . 801.90. Suit to enforce judgm'ent; -venue if defendant still ,6 prisoner Sec. 10. Consistent with section 7 the county may file the civil'action in the district court to recover a money judgment and to enforce that judgment in the same manner as other money judg-ments entered by the district court. If the defendant is still a prisoner in the county jail, venue in a district of the first class is proper in the county where the 'county jail is located and in a district of the second or third class is proper in the-district where the county jail is located. , „ . • P.A.1984, No:118, § 10, lmd. Elf, June 1. - Section 801.87. 801.85 - P.A.1984, No. 118, § 6, drnd. Eff. June 1. 1 Section 801.84. • (3) Pef9r_e iiterirtgAlly. 4h111.1.311s.2-4 eh If ,.4.2.1atuglajlal.-the -defendant,' the court n of, the defendant to support a spouse, " - ' .. . .• • . - - . . . 801.88. Venue; restraining orders; appointment of receiver - : - • , Sec, B. (1) Consistent with section 7,1 the county May file the civil action in the Circuit _ court. If the defendant i.s still a prisoner in the county jail, venue is proper in the county . . . . . 801.93 act not to issue, s_ee. 5 600.6022. the de en ant s property is liable for reimbursement for maintenance and support of the - P.A.1984, No: 118, f 11, had. Eff. June 1, defendant as a prisoner and for other expenses reimbursable under section 3.. . , . . - . - - . - - -801.91, Judge glad sheriff to furnish Information and assistance . . .. . - --Sec. 11, The aentencing judge and the -sheriff of any county in which a prisober's property is located shall furnish to the attorney for the county all information and ' ' . assistanee possible to enable the attorney to secure' reimbursement for the county under this act, . - _ . - - - . . • Librar•-f Referenced . • Counties v.:139„ Counties § 213.• bation, that defendant-pay "ro-orn and board for . Sec-12. The reimbursements secured under.this act §hall,kg_srldit._ed_t_o_the_genenal _ . time he speht. in jail before his release on proba- 1. Probation conditions - bon. People v. Gonyo (1958) 434.14:M2d -223, - This section providing that county attorney • 173 mi,h,App. 7.16: may file action to se-0,, reimbursement for - 801.92." Reimbursements ,Credite,d to Zounty general fund; sworn statements of - expenses of mainisining prisoner did noc.permit: • , amount due • sentencing .court to require, RS .conclition of 'pro- . . BC/1 LIG ULU.% V, Elf 1 4,1 v ad,.2.L.,thg.„„gatility to be available for general fund purposes, the empty treasurer may , . etermine the amount due the county under this ait and render sworn statements thereof. These sworn statements shall be considered prima -fade evidence of the amount due. urt. If the defendant i.s still a prisoner in the county jail, venue is proper in the county . Sec. 13. Titi act shall not take effect unless all of the followin bills of th 82nd ' in which the jail is located. . . - -' . . ..., . -. - -. Legislattare enacted in aw: - . • . , - (2) If necessary to protect the county's right- to'.obtain reimbursement under this act , • (a) House Bill 140. 4589. ' . ' • against the disposition of known property, the -county, in -accordance with rules of the . . , _ supreme court of this state, may seek issuance of an - ex par-La restraining order to restrain (b) House Bill No. 5120. . . • the defendant from disposing of the property -pending a .hearing on an order to show . (e) House /3111 No 5173. _ .. cause why the particular property should not be applied to reimbursement of the county . _ for the maintenance and support of the defendant as a prisoner, , .P.A.1984, No: 11.8, § 13, IRA,Elf. June; 1, _ . P.A.1984, No. 11, 512, laid: Elf. June .1. 801.93. ,Contingent effect . - Sec, 5. A sheriff or other officer * ' ' who violates the provisions ions of either section 3 or section V shall be liable to the party injured for damages 7 " and in additi7178 .guilty of a misdemeanor ° , ., .. ,,. . - . . - Amended by P-0,_1986, No. 156, § 1, Imd. Eff. July 'I. .: -- " _ 3 Section 801.103 or 801.104. .. • . - ' ... - - : • . . Historical Note - - - - - . . . 3986 Le-gialallon ' : • . ' . • - The 1986 amendment rewrote this section. - - - .- . - - - • ... • .. . • _ . -DAY PAROLE OF PRISONERS - . . . . 801:251. County jails; day parole of prisoners, purposes - ,• , ... • . .. _, Sec. 1. (1) Except as otherwise_provicled in subsection '(2),•e, sentence or. commitment of a person to a county jail for any reason may.grant to the person the privilege. of leaving the jail during necessary and reasonable hours for any of the following purposes: Substantive onangos in text inctiosied. by underline; asterisks * * . indicate tiate tion_. ''',:::-.• . 1.68- • - Notes of Decisions 1. Validity . '•• - "Prisoner's due process rights were not violated by revocation of his work release privilege with- - out .prior notice or' hearing; prisoner had .tto constitutionally protected liberty interest in the Privilege, Pardculsrly since privilege was re- voked before it was ever exercised. People Malmquist (1986)400 N.W.24 Si?, 155 Mich_App. 521. WESTLAW Electronic Research See WESTLAW Electronic Research Guide fol- lowing the Preface. 1 ,1,1 WZ.IJ 1,11, Yt /1.4`11.1 d Historical Note House Bill Nos, 4589, 5120, and 51'73 were enacted as P.A.1984, Nos. 119, 120, and 121, respectively, approved and filed June 1, 9B-I. - - CONFINEMENT OF PRISONERS 861.102. United States prisoners; liability' of sheriff for safe keeping Notes of Decisions 1. In general . -O'Bryan v. Saginaw County, Mich. (D.C.1977) .437 F.Supp. 582, entered final judgment 4-46 801.1 03. Separation of prisoners; civil and criminal . . Sec. 3. Prisoners arrested on cfiril process, other than for civil contempt, shall 3-e kept in rooms separate and distinct from those in which prisoners detained on a criminal charge or conviction are confined. Prisoners arrested for civil contempt shall not be housed with other priers detained on crin-iinal charges, except those detained on - a misdemeanor charge. Except as otherwise provided in this section, prisoners arrested on 'Cl7il an criminal process shall not be put or kept in the same room.. Amended by P.A.1986, No. 155,1 1, Imd. Eff. July./ 7. - . i_ ..- - _- historical Note - - . . .„ ' . - . _ ' 3985 Legislation - - - , , _ - The 1986 amendment rewrote this section.° - ' • -. " -• - 8011 04. Separation.of prisoners; nude and female - .. , , , . . Sec. 4. Male-and female prisonersj unless they ard husband and wife, shall not be put, kept, or confined in'tbe same room in any iall, lo—c-klutS, holding center, or holding cell. -.Amended by P.A...19S6, No. 156', §- 1, 1md. Eff. July 7: - ' . - -- ' . :. • Ilistoriial Note - _ . . - ' - _ - 1986 Legislation _ - - The 198.6 amendment substituted "jail, lock-up; • holding center,, or holding cell"-?or "prison". .. _ . - • : . . . . - .• . . . _ . ' -. 801.1 0.5. Separation of pris-onei-s; violation; Liability; Inladerneat-tor . (a) Seeking' employment ' °-.. , • .. - - • (b) Working at his or her employment ' ' ',. ". . - - (c) Conducting his or her own self-employed business or occupation,-including - housekeeping and caring for the needs of his or her family " ."..,, . - . : (d) Attendance at an educational institution (e) Medical treatment, substance abuse treatment, mental health counseling. or_psvcho- - ]ogiCal counseling. . . - . . . .. A person may petition the court for such privilege at the time of sentence or eammiiment, • and in the discretion of the court may renew his or her petition. The court may withdraw . the privilege at anytime by order entered with'Thhout notice. . , '.(2) A person shall hot be ,granted the privileges described in subsection (1), except for the privilege ofleaving the 1,0i1 during necessary and reasonable hours for the purpose of , medical treatment, substance abuse treatment, mental health counseling, orysychological ., • ., counseling, :f the person is housed in the jail while serving all or anx_part of a sentence of . imprisonment for any of the following crimes: - -.. . .. , _ . •. a Section 145c, 520h, 520e 520d, or 520g of the Michigan penal code, Act No. 328 of- ' the Public Acts of 1931, being sections 750.145c, 750.520b, 750.520c, 750.520d, and 750.520g of the Michigan Compiled Laws.. . _ „ _ . . . . . (b).Murder in connection -with sexual misconduct... -. - - . .- - . (c) An attempt to comrriit a crime described in subdivision (a) oir(b).. .• . ' . (3) As used in this act, 'jail" means a facility that is operated by a county for the . : detention of persons charged with, or convicted of, criminal offenses or ordinance ; . violations, or persons found guilty of or or criminal contempt, for not more than 1 year. - Amended by P.A.1987, No. 146, § 1, hod. Eff. Oct. 26. Historical Note 1987 Legislation _ . The 1987 amendment rewrote this section.• Cross References Breaking or escaping: or 'attempting to break or escape. Awaiting examination, trial, arraignment, etc., day. parole, 13-et § 750.19'7. - Jail term for misdemeanor or feloily; day , parole, see' § 750.195. 801.154. , Disbursement of vett,t,ces; priority Library References Comment*. Imprisonment of a party, see X?. vol. 2, Moore, Moore and Denison, § 1186.. 801.2 57: Iteduction of term for good conduct _ • „ Sec. 7. Except as provided in.section 5 1 of the prisoner reimbursement to the county act and section 5a of chapter 171 of the Revised -Statutes of 18-46, being section 801.5a of • the Michigan Compiled Laws,, a 'prisoner may receive, if approved by the court, a reduction of 1/4 of his or her term if his or her conduct, diligence, and general attitude „ _ merit such reduction. Aniended by P-AL.1984, No, 120, § 1, Irnd.' Eff. June 1. • -- • Section 801.85. - _ _ • • Substantive-changes In taxi Indleate-d by under :11ns; 1 6 9 . PA.1-984, No, 118, was ordered to take imme- diate effect and was approved and filed June 1, 1984. F.Supp. 435, remanded (20 F.2d 003, on remand 529 F.Supp. 206 [main volume] affirmed 741 F.2.3 283. asterisks " • In-clic-10s dmistlion #89309 November 30, 1989 The Chairperson referred the resolution to the Finance Committee. There were no objections.