2006 Michigan Compiled Laws - Mich. Comp. Laws § 801.58 Failure of certain actions to reduce population to level prescribed in § 801.56(1); deferring acceptance for incarceration of certain persons.

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


801.58 Failure of certain actions to reduce population to level prescribed in § 801.56(1); deferring acceptance for incarceration of certain persons.

Sec. 8.

(1) Except as otherwise provided in this subsection and subsection (2), if the actions taken pursuant to sections 5, 6, and 7 do not reduce the county jail's population to the level prescribed in section 6(1) within 42 days of the declaration of the county jail overcrowding state of emergency, the sheriff shall defer acceptance for incarceration in the general population of the county jail persons sentenced to or otherwise committed to the county jail for incarceration until the county jail overcrowding state of emergency is ended pursuant to section 9, except that the sheriff shall not defer acceptance for incarceration all persons under sentence for or charged with violent or assaultive crimes, sex offenses, escape from prison or jail, controlled substance offenses, or weapons offenses.

(2) The sheriff shall not defer acceptance of a prisoner for incarceration into the general population of the county jail if both of the following occur:

(a) The sheriff or the sentencing judge presents to the chief circuit judge for the county in which the county jail is located information alleging that deferring acceptance of the prisoner for incarceration would constitute a threat to public safety.

(b) The chief circuit judge, based upon the presence of a threat to public safety, approves of accepting the prisoner for incarceration.


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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