reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 253 of 1935 - The State Correctional Facility Reimbursement Act (800.401 - 800.407) › Section 800.407 - Repealed. 1984, Act 282, Imd. Eff. Dec. 20, 1984.

800.407 Repealed. 1984, Act 282, Imd. Eff. Dec. 20, 1984.
Compiler's Notes:
This section pertained to applicability of act.
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 16 of 1978 - Reimbursement to Counties for Certain Expenses (800.451 - 800.455) › Section 800.451 - “State Correctional Facility” Defined.

800.451 “State correctional facility” defined.
Sec. 1.
As used in this act, "state correctional facility" means a facility or institution which houses an inmate population under the jurisdiction of the department of corrections. State correctional facility includes a correctional camp, community correction center, state prison, and a state reformatory.
History:
1978, Act 16, Imd. Eff. Feb. 12, 1978
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 16 of 1978 - Reimbursement to Counties for Certain Expenses (800.451 - 800.455) › Section 800.452 - Reimbursement for Fees.

800.452 Reimbursement for fees.
Sec. 2.
(1) The state shall reimburse each county in which a state correctional facility is located for the reasonable and actual costs incurred by the county for juror's fees, witness fees, fees of attorneys appointed by the court for the defendant, transcript fees, and for a proportion of the fees for the office of the prosecuting attorney as determined under subsection (3), in cases of new felony offenses committed by inmates of state correctional facilities during a period of state incarceration, new felonies committed during escape and cases of escape from custody as prescribed in section 65a(3) of Act No. 232 of the Public Acts of 1953, being section 791.265 of the Michigan Compiled Laws.
(2) Each county shall submit monthly its itemized costs as described in this section to the state agency designated in subsection (3). After determination by the state agency designated in subsection (3) of the reasonableness of the amount to be paid, payment shall be made in accordance with the accounting laws of the state. The determination of reasonableness by the state agency designated in subsection (3) shall be conclusive.
(3) The state agency responsible for the duties prescribed in subsections (2) and (4) shall be as follows:
(a) Before October 1, 1988, the department of corrections.
(b) On and after October 1, 1988, the department of management and budget.
(4) The amount of reimbursement for the fees of the prosecuting attorney under subsection (1) for any case, subject to the determination of reasonableness by the state agency designated in subsection (3), shall be based upon the actual time spent in prosecuting the case, and shall be calculated at a rate equal to 70% of the hourly rate or flat fee paid to court-appointed defense attorneys in the county. However, the reimbursement for a single case shall not exceed $1,000.00 unless the case is either of the following:
(a) A felony offense for which the maximum punishment is life imprisonment. In which case the reimbursement shall not exceed $10,000.00.
(b) A case that involves 12 or more hours of actual trial time, in which case the reimbursement shall not exceed $10,000.00. As used in this subdivision, "actual trial time" means the trial hours recorded on the court record beginning when juror selection begins and ending when the jury begins deliberation in the case. If there is no jury in the case, actual trial time means the trial hours recorded on the court record.
History:
1978, Act 16, Imd. Eff. Feb. 12, 1978 ;-- Am. 1987, Act 272, Eff. Apr. 1, 1988
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities, including the functions of budgeting, procurement, and management-related functions, of the County Escaped Prisoner Prosecution Program from the Department of Management and Budget to the Department of Corrections, see E.R.O. No. 1993-4, compiled at MCL 800.461 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 16 of 1978 - Reimbursement to Counties for Certain Expenses (800.451 - 800.455) › Section 800.453 - Implementing Additional Jurisdictional Duties; Reimbursement of Costs.

800.453 Implementing additional jurisdictional duties; reimbursement of costs.
Sec. 3.
(1) The state shall reimburse each county for the reasonable and actual costs incurred by that county for implementing additional jurisdictional duties in the circuit court imposed upon that county by law because that county is specifically named in the law as having jurisdiction.
(2) Each county shall submit quarterly its itemized costs as described in this section to the state court administrative office. After determination by the state court administrator of the reasonableness of the amount to be paid, payment shall be made in accordance with the accounting laws of the state. The determination of reasonableness by the state court administrator shall be conclusive.
History:
1978, Act 16, Imd. Eff. Feb. 12, 1978
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 16 of 1978 - Reimbursement to Counties for Certain Expenses (800.451 - 800.455) › Section 800.454 - Prisoners Escaping, Not Returning, or Violating Parole; Apprehension; Reimbursing Costs of Holding in County Jail; Exception; Monthly Submission of Itemized Costs; Determination of Reasonableness; Payment.

800.454 Prisoners escaping, not returning, or violating parole; apprehension; reimbursing costs of holding in county jail; exception; monthly submission of itemized costs; determination of reasonableness; payment.
Sec. 4.
(1) When a state committed prisoner who was incarcerated in a state correctional facility has escaped, not returned pursuant to agreement, or violated the terms of his or her parole and has been apprehended pursuant to an order of the department of corrections and is held in a county jail awaiting disposition of his or her case, the department of corrections shall reimburse the county holding the prisoner for the actual and reasonable daily costs, not to exceed $35.00 per day, incurred by the county in holding the prisoner. This section shall not apply to the holding of prisoners awaiting prosecution on new felony charges.
(2) Each county shall submit monthly its itemized costs as described in this section to the department of corrections. After determination of reasonableness of the amount to be paid, payment shall be made in accordance with the accounting laws of the state. The determination of reasonableness by the department of corrections shall be conclusive.
History:
1978, Act 16, Imd. Eff. Feb. 12, 1978 ;-- Am. 1987, Act 272, Eff. Apr. 1, 1988
2023 Michigan Compiled Laws › Chapter 800 - Prisons › Act 16 of 1978 - Reimbursement to Counties for Certain Expenses (800.451 - 800.455) › Section 800.455 - Implementing Jurisdictional Duties in Probate Court; Reimbursement of Costs; Quarterly Submission of Itemized Costs; Determination of Reasonableness; Payment.

800.455 Implementing jurisdictional duties in probate court; reimbursement of costs; quarterly submission of itemized costs; determination of reasonableness; payment.
Sec. 5.
(1) The state shall reimburse each county in which a state correctional facility is located for the reasonable and actual costs of the following expenses incurred by that county for implementing jurisdictional duties in the probate court imposed upon that county by chapter 10 of the mental health code, Act No. 258 of the Public Acts of 1974, being sections 330.2001 to 330.2050 of the Michigan Compiled Laws, with respect to proceedings for the transfer of an allegedly mentally ill prisoner who is confined in a state correctional facility in that county, to the center for forensic psychiatry program for treatment, or with respect to proceedings for the treatment of an allegedly mentally ill prisoner within a state correctional facility:
(a) The expense of legal counsel appointed to represent an indigent prisoner in the proceeding.
(b) Compensation paid to each juror who is either summoned for voir dire or impaneled on a jury, if a jury trial is demanded in the proceeding.
(c) Compensation paid to each witness subpoenaed to the proceeding by the prisoner.
(d) The expense of the preparation of a transcript of the proceeding.
(2) Each county shall submit quarterly its itemized costs as described in subsection (1) to the chief probate judge of the county. After determination by the chief probate judge of the reasonableness of the amount to be paid, payment shall be made in accordance with the accounting laws of the state. The determination of reasonableness by the chief probate judge shall be conclusive.
History:
Add. 1984, Act 409, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.1 - County Jails; Use as Prisons.

801.1 County jails; use as prisons.
Sec. 1.
The common jails in the several counties of this state in charge of the respective sheriffs shall be used as prisons:
First, For the detention of persons charged with offenses and duly committed for trial;
Second, For the confinement of persons committed pursuant to a sentence upon conviction of an offense, and of all other persons duly committed for any cause authorized by law; and the provisions of this section shall extend to persons detained in or committed to any such jail when duly authorized by or under the authority of any court or officer of the United States, as well as by the courts and magistrates of this state: Provided, however, That all persons detained or committed to such jails by the authority of the courts of the United States, or any officer of the United States, shall be received in said county jails only in cases where the cost of the care and maintenance of such persons shall be paid by the United States, at actual cost thereof, to be fixed and determined by the Michigan welfare commission upon application of the sheriffs of the respective counties of this state, and not otherwise.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6129 ;-- CL 1871, 8018 ;-- Am. 1875, Act 125, Eff. Aug. 3, 1875 ;-- How. 9634 ;-- CL 1897, 2650 ;-- CL 1915, 2522 ;-- Am. 1927, Act 67, Imd. Eff. Apr. 25, 1927 ;-- CL 1929, 17668 ;-- CL 1948, 801.1
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.2 - Solitary Imprisonment; Execution of Sentence.

801.2 Solitary imprisonment; execution of sentence.
Sec. 2.
When any convict shall be sentenced to solitary imprisonment and hard labor in any jail, the keeper thereof shall execute such sentence of solitary imprisonment, by confining the convict in 1 of the cells, if there be any in such jail, and if there be none, then in the most retired and solitary part of such jail.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6130 ;-- CL 1871, 8019 ;-- How. 9635 ;-- CL 1897, 2651 ;-- CL 1915, 2523 ;-- CL 1929, 17669 ;-- CL 1948, 801.2
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.3 - Solitary Imprisonment; Intercourse With Other Persons.

801.3 Solitary imprisonment; intercourse with other persons.
Sec. 3.
No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food and other necessary purposes, unless some minister of the gospel shall be disposed to visit him, in the manner hereinafter provided.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6131 ;-- CL 1871, 8020 ;-- How. 9636 ;-- CL 1897, 2652 ;-- CL 1915, 2524 ;-- CL 1929, 17670 ;-- CL 1948, 801.3
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.4 - Safekeeping and Maintaining Prisoners and Persons Charged With Offense; Charges and Expenses; Payment; Medical Care or Treatment.

801.4 Safekeeping and maintaining prisoners and persons charged with offense; charges and expenses; payment; medical care or treatment.
Sec. 4.
(1) Except as provided in subsection (2) and sections 5 and 5a, all charges and expenses of safekeeping and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury, the accounts therefor being first settled and allowed by the county board of commissioners.
(2) If medical care or treatment is provided to an individual described in subsection (1), the health care provider shall make a reasonable effort to determine whether that individual is covered by a health care policy, a certificate of insurance, or other source for the payment of medical expenses. If the county sheriff who has custody over the individual is aware that the individual is covered by any health care policy, certificate of insurance, or other source of payment, the sheriff shall provide that information to the health care provider. If the health care provider determines that the individual, at the time of admission or treatment, is a medicaid recipient or a beneficiary of any health care policy, certificate of insurance, or other source for the payment of some or all of those expenses, the health care provider shall first seek reimbursement from that source, subject to the terms and conditions of the applicable health care policy, certificate of insurance, or medicaid contract, before submitting those expenses to the county. When submitting an invoice to the county for the payment of medical expenses under this section, a health care provider shall provide a statement that the health care provider has made a reasonable effort to determine whether the individual was covered by a health care policy, certificate of insurance, or other source for the payment of medical expenses. A county may enter into agreements with health care providers to establish procedures for the submission of invoices for medical expenses under this section and the payment of those invoices.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6132 ;-- CL 1871, 8021 ;-- How. 9637 ;-- CL 1897, 2653 ;-- CL 1915, 2525 ;-- CL 1929, 17671 ;-- CL 1948, 801.4 ;-- Am. 1982, Act 16, Imd. Eff. Feb. 25, 1982 ;-- Am. 1984, Act 119, Imd. Eff. June 1, 1984 ;-- Am. 2006, Act 20, Imd. Eff. Feb. 9, 2006
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.4a - Safekeeping and Maintaining Persons Charged With Ordinance Violation; Charges and Expenses; Payment; Medical Care or Treatment.

801.4a Safekeeping and maintaining persons charged with ordinance violation; charges and expenses; payment; medical care or treatment.
Sec. 4a.
(1) Except as provided in subsection (2) and sections 5 and 5a, all charges and expenses of safekeeping and maintaining persons in the county jail charged with violations of city, village, or township ordinances shall be paid from the county treasury if a district court of the first or second class has jurisdiction of the offense.
(2) If medical care or treatment is provided to an individual described in subsection (1), the health care provider shall make a reasonable effort to determine whether that individual is covered by a health care policy, a certificate of insurance, or other source for the payment of medical expenses. If the county sheriff who has custody over the individual is aware that the individual is covered by any health care policy, certificate of insurance, or other source of payment, the sheriff shall provide that information to the health care provider. If the health care provider determines that the individual, at the time of admission or treatment, is a medicaid recipient or a beneficiary of any health care policy, certificate of insurance, or other source for the payment of some or all of those expenses, the health care provider shall first seek reimbursement from that source, subject to the terms and conditions of the applicable health care policy, certificate of insurance, or medicaid contract, before submitting those expenses to the county. When submitting an invoice to the county for the payment of medical expenses under this section, a health care provider shall provide a statement that the health care provider has made a reasonable effort to determine whether the individual was covered by a health care policy, certificate of insurance, or other source for the payment of medical expenses. A county may enter into agreements with health care providers to establish procedures for the submission of invoices for medical expenses under this section and the payment of the invoices.
History:
Add. 1969, Act 274, Eff. Sept. 1, 1969 ;-- Am. 1982, Act 16, Imd. Eff. Feb. 25, 1982 ;-- Am. 1984, Act 119, Imd. Eff. June 1, 1984 ;-- Am. 2006, Act 20, Imd. Eff. Feb. 9, 2006
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.5 - Contracting for Jail Supplies; Private Donations of Clothing; Reimbursement for Medical Attendance Supplies; Reimbursement for Care and Support of Prisoner.

801.5 Contracting for jail supplies; private donations of clothing; reimbursement for medical attendance supplies; reimbursement for care and support of prisoner.
Sec. 5.
(1) The county board of commissioners may provide by contract for all necessary supplies for the use of the jail, including fuel and food, clothing, bedding, and medical attendance, for prisoners committed on criminal charges.
(2) Private donations of clothing for prisoners awaiting trial shall be accepted for them by the sheriff.
(3) The county board of commissioners may provide for reimbursement of the cost of supplies for medical attendance as provided under section 5a.
(4) The county board of commissioners or the county executive or designee of the county executive may provide that the care and support of a prisoner be paid by the prisoner's estate or property and may provide for reimbursement of all charges and expenses of maintaining a prisoner pursuant to the prisoner reimbursement to the county act.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6133 ;-- CL 1871, 8022 ;-- How. 9638 ;-- CL 1897, 2654 ;-- CL 1915, 2526 ;-- CL 1929, 17672 ;-- CL 1948, 801.5 ;-- Am. 1972, Act 152, Imd. Eff. May 26, 1972 ;-- Am. 1982, Act 16, Imd. Eff. Feb. 25, 1982 ;-- Am. 1984, Act 119, Imd. Eff. June 1, 1984
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.5a - Reimbursement for Medical Expenses; Cooperation by Prisoner Required; Wilful Refusal to Cooperate.

801.5a Reimbursement for medical expenses; cooperation by prisoner required; wilful refusal to cooperate.
Sec. 5a.
(1) The county board of commissioners may seek reimbursement for expenses incurred in providing medical care and treatment pursuant to sections 4 to 5. If a county board of commissioners seeks reimbursement pursuant to this section, reimbursement shall be sought only in the following order:
(a) From the prisoner or person charged.
(b) From insurance companies, health care corporations, or other sources if the prisoner or person charged is covered by an insurance policy, a certificate issued by a health care corporation, or other source for those expenses.
(2) A prisoner in a county jail shall cooperate with the county in seeking reimbursement under subsection (1) for medical expenses incurred by the county for that prisoner.
(3) A prisoner who wilfully refuses to cooperate as provided in subsection (2) shall not receive a reduction in his or her term under section 7 of Act No. 60 of the Public Acts of 1962, being section 801.257 of the Michigan Compiled Laws.
History:
Add. 1982, Act 16, Imd. Eff. Feb. 25, 1982
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.6 - Prisoners; Separation.

801.6 Prisoners; separation.
Sec. 6.
It shall be the duty of the keepers of the said prisons, to keep the prisoners committed to their charge, as far as may be practicable, separate and apart from each other, and to prevent all conversation between the said prisoners.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6134 ;-- CL 1871, 8023 ;-- How. 9639 ;-- CL 1897, 2655 ;-- CL 1915, 2527 ;-- CL 1929, 17673 ;-- CL 1948, 801.6
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.7 - Prisoners; Conversations.

801.7 Prisoners; conversations.
Sec. 7.
Prisoners detained for trial, may converse with their counsel, and with such other persons as the keeper, in his discretion, may allow: prisoners under sentence shall not be permitted to hold any conversation with any person except the keepers or inspectors of the prison, unless in the presence of a keeper or inspector.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6135 ;-- CL 1871, 8024 ;-- How. 9640 ;-- CL 1897, 2656 ;-- CL 1915, 2528 ;-- CL 1929, 17674 ;-- CL 1948, 801.7
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.8 - Prisoners; Food.

801.8 Prisoners; food.
Sec. 8.
Prisoners detained for trial, and those under sentence, shall be provided with a sufficient quantity of wholesome food, at the expense of the county, and prisoners detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper articles of food.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6136 ;-- CL 1871, 8025 ;-- How. 9641 ;-- CL 1897, 2657 ;-- CL 1915, 2529 ;-- CL 1929, 17675 ;-- CL 1948, 801.8
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.9 - Repealed. 2015, Act 216, Eff. Mar. 14, 2016.

801.9 Repealed. 2015, Act 216, Eff. Mar. 14, 2016.
Compiler's Notes:
The repealed section pertained to accounting of proceeds from person sentenced to hard labor.
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.11 - Prisoners; Working Conditions, Transportation, Meals, Lodging.

801.11 Prisoners; working conditions, transportation, meals, lodging.
Sec. 11.
All work performed by any such prisoners shall be performed under the direction of the highway commissioner of the township or the authorities of the city, village or institution where the work is done. All such prisoners while engaged in such work shall be under the control and custody of the sheriff. All tools necessary for use by such prisoners and all materials upon which work is to be performed shall be furnished by the township, city, village or institution in which the work is done. The sheriff shall take such precautionary measures as may be deemed necessary to prevent the escape of prisoners employed under the provisions of this act, and in case any prisoner employed shall escape, it shall be deemed to be an escape from the jail: Provided, That no additional deputy sheriff shall be appointed to guard such prisoners while so at work without the previous authorization of the board of supervisors. The board of supervisors is hereby vested with authority to reimburse the sheriff for any expenses incurred in conveying such prisoners to and from any such road, street, alley, highway, quarry, pit, yard, or institution or in properly guarding them while beyond the confines of the county jail: Provided, That all meals and food shall be furnished by the sheriff to such prisoners in the same manner as though they were confined in the county jail, except in cases where such prisoners are employed in or for a county institution providing board for inmates, in which case all meals and food shall be furnished by said institution: Provided further, That the board of supervisors shall have authority to provide for keeping such prisoners at places other than the county jail while they are performing such work as is authorized under the provisions of this act.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6139 ;-- CL 1871, 8028 ;-- How. 9644 ;-- CL 1897, 2660 ;-- Am. 1909, Act 10, Eff. Sept. 1, 1909 ;-- Am. 1915, Act 132, Eff. Aug. 24, 1915 ;-- CL 1915, 2532 ;-- CL 1929, 17678 ;-- CL 1948, 801.11
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.12 - Prisoners; Compensation; Record, Report.

801.12 Prisoners; compensation; record, report.
Sec. 12.
No prisoner shall be entitled to any compensation either from the county, township, city or village in which he is employed for any services performed in accordance with the requirements of this act. It shall be the duty of the sheriff to keep a record of the number of days worked by each prisoner and the township, city or village in which such work was performed, and report in full to the board of supervisors at each regular session.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6140 ;-- Am. 1861, Act 141, Eff. June 15, 1861 ;-- CL 1871, 8029 ;-- How. 9645 ;-- CL 1897, 2661 ;-- Am. 1909, Act 10, Eff. Sept. 1, 1909 ;-- CL 1915, 2533 ;-- CL 1929, 17679 ;-- CL 1948, 801.12
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.13 - Jail of Contiguous County; Designation for Use; Removal of Prisoners.

801.13 Jail of contiguous county; designation for use; removal of prisoners.
Sec. 13.
The provisions contained in chapter 148, in regard to the designation of the jail of a contiguous county for the use of any county; to the removal of prisoners in such cases; and to the removal of prisoners when danger shall be apprehended from fire or contagious disease, shall extend to prisoners confined upon any criminal process, or for a contempt, or under sentence, in like manner as to prisoners confined in civil cases.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6141 ;-- CL 1871, 8030 ;-- How. 9646 ;-- CL 1897, 2662 ;-- CL 1915, 2534 ;-- CL 1929, 17680 ;-- CL 1948, 801.13
Compiler's Notes:
For provisions of chapter 148, referred to in this section, see MCL 801.107 to 801.115.
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.14-801.15 - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.

801.14-801.15 Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
Compiler's Notes:
The repealed sections pertained to insane convicts.
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.16-801.21 - Repealed. 1959, Act 7, Eff. Mar. 29, 1960.

801.16-801.21 Repealed. 1959, Act 7, Eff. Mar. 29, 1960.
Compiler's Notes:
The repealed sections pertained to inspection of jails, inspectors' reports and powers, and keepers' duties.
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.22 - Keeper's Calendar of Prisoners; Contents, Delivery to Court.

801.22 Keeper's calendar of prisoners; contents, delivery to court.
Sec. 22.
It shall be the duty of the keeper of every county prison to present to every circuit court to be held in his county, at the opening of such court, a calendar stating—
First, The name of every prisoner then detained in such prison;
Second, The time when such prisoner was committed, and by virtue of what process or precept; and
Third, The cause of the detention of every such person.
History:
R.S. 1846, Ch. 171 ;-- Am. 1850, Act 275, Imd. Eff. Apr. 2, 1850 ;-- CL 1857, 6150 ;-- CL 1871, 8039 ;-- Am. 1875, Act 146, Eff. Aug. 3, 1875 ;-- How. 9655 ;-- CL 1897, 2671 ;-- CL 1915, 2543 ;-- CL 1929, 17689 ;-- CL 1948, 801.22
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.23 - Discharge of Unindicted Persons.

801.23 Discharge of unindicted persons.
Sec. 23.
It shall be the duty of such court during the term thereof to inquire into the cause of the commitment of every person confined in such prison upon any criminal charge who shall not have been indicted, or against whom no information shall have been filed, and unless satisfactory cause shall be shown to such court for detaining such person in custody or upon bail, as the case may require, to cause such person to be discharged.
History:
R.S. 1846, Ch. 171 ;-- Am. 1850, Act 275, Imd. Eff. Apr. 2, 1850 ;-- CL 1857, 6151 ;-- CL 1871, 8040 ;-- Am. 1875, Act 146, Eff. Aug. 3, 1875 ;-- How. 9656 ;-- CL 1897, 2672 ;-- CL 1915, 2544 ;-- CL 1929, 17690 ;-- CL 1948, 801.23
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.25 - Refractory or Disorderly Conduct of Prisoner; Persons Confined on Criminal Charge or Conviction; Punishment.

801.25 Refractory or disorderly conduct of prisoner; persons confined on criminal charge or conviction; punishment.
Sec. 25.
If any person confined in any jail, upon a conviction or charge of any criminal offense, shall be refractory or disorderly, or shall wilfully or wantonly destroy or injure any article of bedding, or other furniture, or a door or window, or any other part of such prison, the sheriff of the county, after due inquiry, may cause such person to be kept in solitary confinement, not more than 10 days for any 1 offense; and during such solitary confinement, he shall be fed with bread and water only, unless other food shall be necessary for the preservation of his health.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6153 ;-- CL 1871, 8042 ;-- How. 9658 ;-- CL 1897, 2674 ;-- CL 1915, 2545 ;-- CL 1929, 17691 ;-- CL 1948, 801.25
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.26 - Repealed. 1991, Act 145, Imd. Eff. Nov. 25, 1991.

801.26 Repealed. 1991, Act 145, Imd. Eff. Nov. 25, 1991.
Compiler's Notes:
The repealed section pertained to disorderly conduct of prisoner.
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › R.S. of 1846 - Revised Statutes of 1846 (801.1 - 801.27) › R-S-1846-801-1-171 - Chapter 171 Chapter 171. of County Jails and the Regulation Thereof. (801.1...801.27) › Section 801.27 - Refractory or Disorderly Conduct of Prisoner; Authority of Jailer to Preserve Order.

801.27 Refractory or disorderly conduct of prisoner; authority of jailer to preserve order.
Sec. 27.
Nothing contained in the 2 preceding sections, shall be construed to take from any sheriff or jailer, any part of the authority with which he was before invested by law, to preserve order and enforce strict discipline among all the prisoners in his custody.
History:
R.S. 1846, Ch. 171 ;-- CL 1857, 6155 ;-- CL 1871, 8044 ;-- How. 9660 ;-- CL 1897, 2676 ;-- CL 1915, 2547 ;-- CL 1929, 17693 ;-- CL 1948, 801.27
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.51 - Definitions.

801.51 Definitions.
Sec. 1.
As used in this act:
(a) "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.
(b) "Department of corrections" means the state department of corrections.
(c) "Prisoner" means a person who is currently being physically detained in a county jail.
(d) "Rated design capacity" means the actual available bed space of the general population of a county jail as determined by the department of corrections.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
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 NW2d 202 (1987).
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.52 - Certifying General Prisoner Population Exceeds 100% of Rated Design Capacity of County Jail or Percentage of Rated Design Capacity Set by Court; Duties of Sheriff.

801.52 Certifying general prisoner population exceeds 100% of rated design capacity of county jail or percentage of rated design capacity set by court; duties of sheriff.
Sec. 2.
If the general prisoner population of a county jail exceeds 100% of the rated design capacity of the county jail or a percentage of rated design capacity less than 100% as set by a court before February 8, 1983, for 7 consecutive days or for a lesser number of days as set by a court before February 8, 1983, the sheriff for that county shall certify that fact in writing, by first-class mail, personal delivery, or electronic communications, to the chief circuit judge, the chief district judge, and each municipal court judge in the county in which the county jail is located, the prosecuting attorney for the county, the chairperson of the county board of commissioners, and the county executive in a county in which a county executive is elected.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.52a - Reporting Prisoner Population Counts.

801.52a Reporting prisoner population counts.
Sec. 2a.
The prisoner population counts required for any purpose under this act shall be reported as being taken between the hours of 12:01 a.m. and 4:00 a.m. on each day on which a count is conducted.
History:
Add. 1988, Act 399, Imd. Eff. Dec. 27, 1988
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.53 - Declaring County Jail Overcrowding State of Emergency.

801.53 Declaring county jail overcrowding state of emergency.
Sec. 3.
If, upon receipt of a certification by the sheriff under section 2, a majority of the judges and county officials notified pursuant to section 2 do not find that the sheriff acted in error, the sheriff shall declare a county jail overcrowding state of emergency.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.54 - Notice of Declaration of County Jail Overcrowding State of Emergency.

801.54 Notice of declaration of county jail overcrowding state of emergency.
Sec. 4.
Upon the declaration of a county jail overcrowding state of emergency pursuant to section 3, the sheriff shall notify both of the following persons in writing, by first-class mail, personal delivery, or electronic communications, that a county jail overcrowding state of emergency has been declared:
(a) The judges and county officials notified pursuant to section 2.
(b) The chief law enforcement official of each state, county, and municipal law enforcement agency located in the county.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.57 - Failure of Certain Actions to Reduce Population to Level Prescribed in MCL 801.56(1); Equal Reduction of Original Sentences.

801.57 Failure of certain actions to reduce population to level prescribed in MCL 801.56(1); equal reduction of original sentences.
Sec. 7.
If the actions taken pursuant to sections 5 and 6 do not reduce the county jail's population to the level prescribed in section 6(1) within 28 days of the declaration of the county jail overcrowding state of emergency, the original sentences, not including good time, of all prisoners sentenced to and housed in the county jail on that date shall be equally reduced by the sheriff by the least possible percentage reduction necessary, not to exceed 30%, to reduce the county jail's prisoner population to the level prescribed in section 6(1).
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 1988, Act 399, Imd. Eff. Dec. 27, 1988
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.58 - Failure of Certain Actions to Reduce Population to Level Prescribed in MCL 801.56(1); Deferring Acceptance for Incarceration of Certain Persons.

801.58 Failure of certain actions to reduce population to level prescribed in MCL 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, drunk driving offenses, controlled substance offenses except possession of less than 25 grams of a controlled substance, 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 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.59 - Ending County Jail Overcrowding State of Emergency; Conditions; Certification by Sheriff.

801.59 Ending county jail overcrowding state of emergency; conditions; certification by sheriff.
Sec. 9.
If either of the following occur, the sheriff shall certify that fact in writing by first-class mail or personal delivery, to the judges and county officials notified pursuant to section 2 and, unless a majority of the judges and county officials so notified find upon receipt of the certification pursuant to this section that the sheriff has acted in error, the sheriff shall end the county jail overcrowding state of emergency:
(a) At any time during the county jail overcrowding state of emergency, the general prisoner population of the county jail is reduced to the level prescribed in section 6(1).
(b) The county jail's population is not reduced to the level prescribed in section 6(1) within 70 days after the declaration of the county jail overcrowding state of emergency.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 1988, Act 399, Imd. Eff. Dec. 27, 1988 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.59a - Written County Jail Population Management Plan; Adoption; Implementation; Approval; Amendments; Duration; Delegation of Judicial Sentencing Authority.

801.59a Written county jail population management plan; adoption; implementation; approval; amendments; duration; delegation of judicial sentencing authority.
Sec. 9a.
(1) For the purpose of reducing or preventing chronic jail overcrowding, a county or judicial circuit may adopt and implement a written county jail population management plan. The plan shall not take effect unless it is approved by all of the following:
(a) The sheriff of each affected county.
(b) The prosecuting attorney of each affected county.
(c) The chief circuit judge of the judicial circuit or, in the case of a county plan, the chief circuit judge of the judicial circuit that includes that county.
(d) A district judge designated as follows:
(i) If the plan affects a single-county or multicounty judicial district, the chief district judge for that judicial district.
(ii) In all other cases, a district judge chosen by the chief district judges of all judicial districts affected by the plan.
(2) A written county jail population management plan adopted under subsection (1) may be amended if the amendments are approved by all of the parties listed in subsection (1)(a) to (d).
(3) A written county jail population plan adopted under subsection (1) is effective for the term prescribed in the plan, but not more than 4 years. The amendment of a plan pursuant to subsection (2) does not extend the 4-year limit prescribed in this subsection.
(4) A written county jail population management plan shall provide for the delegation of judicial sentencing authority for the purpose of reducing prior valid jail sentences, consistent with section 9b(1).
(5) A written county jail population management plan shall provide for the delegation of judicial authority for the purpose of reviewing bonds for unsentenced prisoners.
History:
Add. 2007, Act 139, Imd. Eff. Nov. 13, 2007
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.59b - Suspension or Reduction of Jail Sentence by Sentencing Judge; Delegation of Authority to Chief Judge; Modification of Bond.

801.59b Suspension or reduction of jail sentence by sentencing judge; delegation of authority to chief judge; modification of bond.
Sec. 9b.
(1) For purposes of this act, a sentencing judge may suspend or reduce any validly imposed jail sentence imposed by that judge. A sentencing judge may delegate the authority conferred under this subsection to the chief judge of the judicial district or circuit in which the sentencing judge serves or his or her designee.
(2) For purposes of this act, a judge may modify bond set by the court for unsentenced prisoners. A judge may delegate the authority conferred under this subsection to the chief judge of the judicial district or circuit in which the judge serves, or his or her designee.
History:
Add. 2007, Act 139, Imd. Eff. Nov. 13, 2007
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.60 - Listing of Crimes and Offenses; Development.

801.60 Listing of crimes and offenses; development.
Sec. 10.
For purposes of sections 1a and 8, a listing of violent or assaultive crimes, sex offenses, escape from prison or jail offenses, drunk driving offenses, controlled substance offenses except possession of less than 25 grams of a controlled substance, and weapons offenses shall be developed by the department of attorney general.
History:
1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008
Compiler's Notes:
For transfer of powers and duties of former office of criminal justice under the county jail overcrowding act from department of management and budget to office of attorney general, see E.R.O. No. 1994-6, compiled at MCL 801.71 of the Michigan Compiled Laws.
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.61 - Loss of Bed Space Due to Natural Disaster or Deliberate Destruction of Property; Applicability of Act.

801.61 Loss of bed space due to natural disaster or deliberate destruction of property; applicability of act.
Sec. 11.
The provisions of this act shall not be applicable if a county jail population exceeds rated design capacity as the direct result of loss of bed space due to a natural disaster or deliberate destruction of property.
History:
1982, Act 325, Eff. Feb. 8, 1983
Popular Name:
Jail Overcrowding Emergency Powers Act
2023 Michigan Compiled Laws › Chapter 801 - Jails and Workhouses › Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64) › Section 801.62 - Prisoners Sentenced to County Jail as Condition of Probation; Applicability of Act.

801.62 Prisoners sentenced to county jail as condition of probation; applicability of act.
Sec. 12.
This act shall apply to prisoners sentenced to a county jail as a condition of probation but shall not reduce or otherwise affect the total probationary period imposed by the court.
History:
1982, Act 325, Eff. Feb. 8, 1983
Popular Name:
Jail Overcrowding Emergency Powers Act