December 13, 2005, Introduced by Rep. Kolb and referred to the Committee on Judiciary.
A bill to amend 1982 PA 325, entitled
"An act to authorize county sheriffs to declare a county jail
overcrowding state of emergency; to prescribe the powers and duties
of certain judges, county sheriffs, and other county officials; and
to provide remedies for a county jail overcrowding state of
emergency,"
by amending section 1 (MCL 801.51).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(c) (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.
(d) (e)
"Department of corrections" means the
state
department of corrections.
(e) (f)
"Prisoner" means a person who is currently
being
physically detained in a county jail.
(f) (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 labor and economic growth,
subject to applicable rules including variances to those rules
granted
by the commission of corrections department of labor and
economic growth.