May 8, 2007, Introduced by Reps. Condino, Rick Jones, Vagnozzi, Robert Jones, Meadows, Kathleen Law, Byrnes, Hammon, Meisner, Donigan and Polidori 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 sections 1, 2, 3, 4, 5, 9, and 10 (MCL 801.51, 801.52,
801.53, 801.54, 801.55, 801.59, and 801.60), section 9 as amended
by 1988 PA 399, and by adding sections 1a, 9a, and 9b.
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. , subject to applicable rules
including
variances to those rules granted by the commission of
corrections.
Sec. 1a. (1) In a county other than a county for which a
county jail population management plan has been approved under
section 9a, the sheriff of that county shall take the following
actions on the third 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
prisoner. If the total of a prisoner's outstanding bonds does not
exceed a maximum value determined as provided in subsection (2),
the bonds shall be modified to personal recognizance bonds in that
same amount.
(b) The following prisoners shall be released immediately:
(i) Any sentenced prisoner who has served 85% or more of his or
her sentence, unless he or she is serving a sentence for a violent
or assaultive offense, sex offense, prison or jail escape offense,
weapons offense, drunk driving offense, or a controlled substance
offense except possession of less than 25 grams of a controlled
substance.
(ii) Any prisoner detained in the county jail for a civil
contempt adjudication for failure to pay child support who has no
other charges pending against him or her.
(2) The maximum value of outstanding bonds, for purposes of
subsection (1)(a), shall be determined by a majority vote of the
chief circuit judge for the judicial circuit that includes that
county or his or her designee, the chief probate judge for that
county or his or her designee, and 1 of the following, as
applicable:
(a) In a single-county judicial district, the chief district
judge for that district.
(b) In a county containing 2 or more judicial districts, a
district judge chosen by the district judges sitting in that
county, or his or her designee.
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
prior to the effective date of this act before February 8,
1983, for 7 consecutive days or for a lesser number of days as set
by
a court prior to the effective date of this act before February
8, 1983, the sheriff for that county shall certify that fact in
writing,
by first-class mail, or 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.
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 within 3 business days
after
certification that the sheriff
acted in error, the sheriff
shall declare a 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
all
of the following persons in writing, by first-class mail, or
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 county prosecutor.
(b) (c)
The chief law enforcement official
of each state,
county, and municipal law enforcement agency located in the county.
Sec. 5. The sheriff, the persons notified pursuant to section
4,
and other circuit, district, and municipal
, and recorder's
court
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, the following:
(a) Accelerated review and rescheduling of court dates.
(b) (a)
Judicial review of bail for
possible bail reduction,
release on recognizance, or conditional release of prisoners in the
county jail.
(c) (b)
Prosecutorial pre-trial diversion.
(d) (c)
Judicial use of probation, fines,
community service
orders, restitution, and delayed sentencing as alternatives to
commitment to jail.
(e) (d)
Use of work-release, community
programs, and other
alternative housing arrangements by the sheriff, if the programs
and alternative housing arrangements are authorized by law.
(f) (e)
Review of agreements which allow
other units of
government to house their prisoners in the overcrowded county jail
to determine whether the agreements may be terminated.
(g) (f)
Entering into agreements which
allow the sheriff for
the county in which the overcrowded county jail is located to house
prisoners in facilities operated by other units of government.
(h) (g)
Refusal by the sheriff to house
persons who are not
required by law to be housed in the county jail.
(i) (h)
Acceleration of the transfer of
prisoners sentenced to
the state prison system, and prisoners otherwise under the
jurisdiction of the department of corrections, to the department of
corrections.
(j) (i)
Judicial acceleration of pending
court proceedings for
prisoners under the jurisdiction of the department of corrections
who will be returned to the department of corrections regardless of
the outcome of the pending proceedings.
(k) (j)
Reduction of waiting time for
prisoners awaiting
examination by the center for forensic psychiatry.
(l) (k)
Alternative booking, processing,
and housing
arrangements, including the use of appearance tickets instead of
booking at the county jail and the use of weekend arraignment, for
categories of cases considered appropriate by the persons notified
pursuant to section 4.
(m) (l) Acceptance
by the courts of credit cards for payments
of bonds, fines, and court costs.
(n) (m)
Use of community mental health and
private mental
health resources in the county as alternatives to housing prisoners
in the county jail for those prisoners who qualify for placement in
the programs and for whom placement in the programs is appropriate.
(o) (n)
Use of community and private
substance abuse programs
and other therapeutic programs as alternatives to housing prisoners
in the county jail for those prisoners who qualify for placement in
the programs and for whom placement in the programs is appropriate.
(p) (o)
Preparation of a long-range plan
for addressing the
county jail overcrowding problem, including recommendations to the
county board of commissioners on construction of new jail
facilities and funding for construction or other options designed
to alleviate the overcrowding problem.
(q) (p)
Review of sentencing procedures, including
the
elimination of delays in preparing presentence reports for
prisoners awaiting sentence, and staggering the dates on which
prisoners will start serving a jail sentence to minimize
fluctuating demands on jail capacity.
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 within 3 business days after 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.
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 and that county is a
single-county judicial district, the chief district judge for that
judicial district.
(ii) In all other cases, a district judge chosen by the
district judges of all judicial districts affected by the plan.
(e) The state court administrative office.
(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 (e).
(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.
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.
Sec.
10. For purposes of section sections
1a and 8, a listing
of violent or assaultive crimes, sex offenses, escape from prison
or jail offenses, controlled substance offenses, and weapons
offenses
shall be developed by the office of criminal justice in
the
department of management and budget department of attorney
general.