HomeMy WebLinkAboutResolutions - 1994.03.23 - 24167REPORT (Misc. #94055) March 24, 1994
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BY: General Government Committee, Donald Jensen, Chairperson
RE: MR 94055 Sheriff's Dept.-Support HB 5087 (Substitute H-1),
Increase in Reimbursement of Expenses of Inmates Sentenced to
Oakland County Jail
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-
referenced resolution on March 14, 1994, reports with the
recommendation that the resolution be adopted with the following
amendment:
Add the following paragraph following the NOW THEREFORE BE IT
RESOLVED paragraph: BE IT FURTHER RESOLVED that the Oakland
County Board of Commissioners recommends the aforementioned
House Bill be amended to extend the six month window of
opportunity in which to initiate civil action against former
prisoners to the maximum statutory time period allowable.
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
GOVERNMENT COMMITTEE
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MISCELLANEOUS RESOLUTION #94055
BY:Kevin Miltner, District #5
IN RE:Sheriff's Department - Support: HS 5087, Substitute H-1;
Increase in Reimbursement of Expenses for Inmates Sentenced to the
Oakland County Jail.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, MCLA 801.83 authorizes counties to seek reimbursement
from each inmate who is or was a prisoner at a county jail for not
more than $30 per day or the actual per diem cost of maintaining
that prisoner, whichever is less, for the entire period of time the
person was confined in the county jail, including any period of
pretrial detention; and
WHEREAS, several counties in the state of Michigan, including
Oakland County, have calculated their actual per diem costs for
maintaining prisoners at their respective county jails to be in
excess of the $30 per day limit established in MCLA 801.83; and
WHEREAS, MCLA 801.87 also authorizes counties to initiate
civil action, within six (6) months of the release of a person who
was sentenced to a county jail, to seek reimbursement from that
person for maintenance and support of that person while a prisoner;
and
WHEREAS, this six month time frame does not allow sufficient
opportunity for alternative reimbursement remedies to be
implemented; and
WHEREAS, House Bill 5087 (Substitute H-1) has been introduced
in the state legislature and would amend MCLA 801.83 and 801.87 to
increase the $30 per day cap on reimbursement to $60 per day, and
to extend the six month window of opportunity in which to initiate
civil action against former prisoners to 18 months, respectively.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby supports HB 5087 (Substitute H-1) and
encourages its adoption.
BE IT FURTHER RESOLVED that certified copies of this
resolution be submitted to Oakland County's state legislative
delegation and to the Governor.
Chairperson, I move the adoption of the foregoing resolution.
KEVIN MILTNER, COMMISSIONER
DISTRICT #5
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Resolution #94055 March 24, 1994
Moved by Jensen supported by Law the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Jensen supported by Law the resolution be adopted.
Moved by Jensen supported by Law the resolution be amended to comply with
the recommendation in the General Government Committee Report, ie, add a BE IT
FURTHER RESOLVED paragraph to read:
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
recommends the aforementioned House Bill be amended to extend the six month
window of opportunity in which to initiate civil action against former prisoners
to the maximum statutory time period allowable.
A sufficient majority having voted therefor, the amendment carried.
Moved by McPherson supported by Pernick the resolution be amended in the
fourth WHEREAS paragraph after the words "to be implemented" by adding and that
community service be allowable as payback; and
The Chairperson stated a "YES" vote adds the wording and a "NO" does not.
AYES: McPherson, Oaks, Obrecht, Pernick, Powers, Aaron, Crake, Dingeldey,
Douglas, Huntoon, Jensen, Kaczmar, Kingzett. (13)
NAYS: Law, Miltner, Palmer, Schmid, Taub, Wolf, Garfield, Gosling,
Johnson. (9)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Miltner, Oaks, Obrecht, Palmer, Schmid, Taub,
Wolf, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law. (19)
NAYS: Pernick, Powers, Crake. (3)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on March 24, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and fixed the seal of.the
County of Oakland at Pontiac, Michigan this 24th day of-earc
DOES NO 'MCUTIVEACTON ,
!arc
Lyn/ D. Allen, County Clerk