2006 Michigan Compiled Laws - Mich. Comp. Laws § 801.56 Requiring further actions; failure of certain actions to reduce population to level prescribed in subsection (1); presenting prisoner information to chief circuit judge; review; classification of prisoners; reduction of sentences; duration; report.

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


801.56 Requiring further actions; failure of certain actions to reduce population to level prescribed in subsection (1); presenting prisoner information to chief circuit judge; review; classification of prisoners; reduction of sentences; duration; report.

Sec. 6.

(1) The further actions prescribed in subsections (2) to (4) and in sections 7 and 8 shall be required unless the actions taken pursuant to section 5 reduce the county's jail population to the higher of the following:

(a) 90% of rated design capacity or a percentage of rated design capacity less than 90% as set by a court prior to February 8, 1983.

(b) A prisoner population such that the jail has the following number of empty beds:

(i) For a jail with a rated design capacity of less than 500 beds, at least 10 empty beds.

(ii) For a jail with a rated design capacity of 500 beds or more, at least 25 empty beds.

(2) If the actions taken pursuant to section 5 do not reduce the county jail's population to the level prescribed in subsection (1) within 14 days of the declaration of the county jail overcrowding state of emergency, the sheriff shall present to the chief circuit judge for the county in which the jail is located the following information for each prisoner sentenced to and housed in the county jail on that date:

(a) The name of each prisoner.

(b) The offense for which the prisoner was convicted.

(c) The length of sentence imposed for the prisoner.

(d) The date on which the prisoner began serving his or her sentence.

(e) The date on which the prisoner will be released from the jail according to the terms of his or her sentence, including computations for good time.

(f) The name of the judge who imposed the sentence.

(3) After the chief circuit judge for the county in which the jail is located reviews the information presented by the sheriff pursuant to subsection (2), the chief circuit judge shall, for purposes of county jail population reduction, classify the prisoners into 2 groups: those prisoners who, if released, would present a high risk to the public safety, and those who, if released, would not present a high risk to the public safety. The chief circuit judge shall also determine a minimum and a maximum percentage by which the sentences can be reduced. The sheriff shall reduce the sentences of all prisoners who, if released, would not present a high risk to the public safety by an equal percentage which is within the minimum and maximum percentages determined by the chief circuit judge.

(4) The sentences of prisoners sentenced to and housed in the county jail after the fourteenth day of the county jail overcrowding state of emergency may continue to be reduced in the same manner as prescribed in subsections (2) and (3), but shall not be reduced after the county jail overcrowding state of emergency is ended or after the sheriff orders a sentence reduction pursuant to section 7, whichever occurs first.

(5) Not later than 18 months after the effective date of the 1988 amendatory act that added this subsection and amended subsection (1), the office of facility services of the department of corrections, in cooperation with the Michigan sheriffs' association, shall report to the chairpersons of the senate and house standing committees responsible for legislation concerning corrections. The report shall evaluate the effect on the overcrowding state of emergency procedures of the amendments to subsection (1) made by the 1988 amendatory act that added this subsection for the 12 months beginning on the effective date of that 1988 amendatory act.


History: 1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 1988, Act 399, Imd. Eff. Dec. 27, 1988
Popular Name: Jail Overcrowding Emergency Powers Act



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