2006 Michigan Compiled Laws - Mich. Comp. Laws § 801.51 Definitions.

COUNTY JAIL OVERCROWDING STATE OF EMERGENCY (EXCERPT)
Act 325 of 1982


801.51 Definitions.

Sec. 1.

As used in this act:

(a) "Chief circuit judge" means any of the following:

(i) The circuit judge in a judicial circuit having only 1 circuit judge.

(ii) Except in the county of Wayne, the chief judge of the circuit court in a judicial circuit having 2 or more circuit judges.

(iii) In the county of Wayne, the executive chief judge of the circuit court in the third judicial circuit and the recorder's court of the city of Detroit.

(b) "Chief district judge" means the chief district judge or only district judge in a district court district.

(c) "Commission of corrections" means the state commission of corrections.

(d) "County jail" means a facility operated by a county for the physical detention and correction of persons charged with or convicted of criminal offenses and ordinance violations, persons found guilty of civil or criminal contempt, and juveniles detained by court order, or a facility which houses prisoners pursuant to an agreement authorized under Act No. 164 of the Public Acts of 1861, as amended, being sections 802.1 to 802.21 of the Michigan Compiled Laws.

(e) "Department of corrections" means the state department of corrections.

(f) "Prisoner" means a person who is currently being physically detained in a county jail.

(g) "Rated design capacity" means the actual available bed space of the general population of a county jail as determined by the department of corrections, subject to applicable rules including variances to those rules granted by the commission of corrections.


History: 1982, Act 325, Eff. Feb. 8, 1983
Constitutionality: The county jail overcrowding act does not infringe upon the Governor's power of executive clemency. Kent Pros v. Sheriff (On Reh) 428 Mich. 314, 409 N.W.2d 202 (1987).
Popular Name: Jail Overcrowding Emergency Powers Act



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