Michigan Compiled Laws
Act 325 of 1982 - County Jail Overcrowding State of Emergency (801.51 - 801.64)
Section 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

Structure Michigan Compiled Laws

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.

Section 801.51a - County Jail Population Exceeding 95% of Jail's Rated Design Capacity; Actions by County Sheriff; Maximum Value of Outstanding Bonds; Duration; Applicability of Subsections (1) to (3).

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.

Section 801.52a - Reporting Prisoner Population Counts.

Section 801.53 - Declaring County Jail Overcrowding State of Emergency.

Section 801.54 - Notice of Declaration of County Jail Overcrowding State of Emergency.

Section 801.55 - Reduction of Prisoner Population by Sheriff, Notified Persons, and Other Judges; Means.

Section 801.56 - Requirement of Further Actions; Failure of Certain Actions to Reduce Population to Level Prescribed in Subsection (1); Presenting Prisoner Information to Chief Circuit Judge; Applicability of Subsection (2)(b) to Certain Prisoners; R...

Section 801.57 - Failure of Certain Actions to Reduce Population to Level Prescribed in MCL 801.56(1); Equal Reduction of Original Sentences.

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.

Section 801.59 - Ending County Jail Overcrowding State of Emergency; Conditions; Certification by Sheriff.

Section 801.59a - Written County Jail Population Management Plan; Adoption; Implementation; Approval; Amendments; Duration; Delegation of Judicial Sentencing Authority.

Section 801.59b - Suspension or Reduction of Jail Sentence by Sentencing Judge; Delegation of Authority to Chief Judge; Modification of Bond.

Section 801.60 - Listing of Crimes and Offenses; Development.

Section 801.61 - Loss of Bed Space Due to Natural Disaster or Deliberate Destruction of Property; Applicability of Act.

Section 801.62 - Prisoners Sentenced to County Jail as Condition of Probation; Applicability of Act.

Section 801.63 - Maximum Sentence Reductions Where Act Invoked More Than Once; Good Time.

Section 801.64 - Effective Date.