Michigan · statute · 325 of 1982, Mich. Comp. Laws · 18 active provisions
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 correct…
(1) In a county other than a county described in subsection (4), the sheriff of that county shall take the following actions on the fifth consecutive day on which the general population of the county jail exceeds 95% of the jail's rated design capacity: (a) The sheriff shall review the outstanding bonds for each prison…
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…
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.
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.
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 c…
The sheriff, the persons notified pursuant to section 4, and other circuit, district, and municipal judges may attempt to reduce the prisoner population of the county jail through any available means which are already within the scope of their individual and collective legal authority, including, but not limited to, th…
(1) The further actions prescribed in subsections (2) to (5) 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 co…
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 coun…
(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 a…
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 secti…
(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 attor…
(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…
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…
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.
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.
If the provisions of this act are invoked more than once with respect to an individual prisoner, sentence reductions granted to that prisoner pursuant to section 7 shall not exceed 35% of the prisoner's original sentence. This section shall not limit a sheriff's authority to grant a prisoner good time as authorized by…
This act shall take effect upon the expiration of 60 days after it is enacted into law.