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

Sec. 1a.
(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 prisoner. If the total of a prisoner's outstanding bonds does not exceed a maximum value determined as provided in subsection (2), the sheriff, subject to the approval of the chief circuit judge in that county, shall modify each outstanding bond for that prisoner to a personal recognizance bond in that same amount, issue to the prisoner a receipt similar to an interim bond receipt, and send a copy of the receipt to the court that set the bond.
(b) The following prisoners, except for any prisoner that the chief circuit judge in that county believes would present a threat to the public safety if released, 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 following individuals, as applicable:
(a) In a single-county or multicounty judicial district, the chief circuit judge for the judicial circuit that includes that county, the chief district judge for that district, and the sheriff of the county.
(b) In a county containing 2 or more judicial districts, the chief circuit judge for the judicial circuit that includes that county, the chief probate judge for that county, the sheriff of the county, and 2 district judges chosen by the chief district judges sitting in that county.
(3) A determination made under subsection (2) remains in effect for 1 year after the date on which that determination was made.
(4) Subsections (1) to (3) do not apply to either of the following:
(a) A county for which a county jail management plan has been approved under section 9a.
(b) A county having a population greater than 650,000 as of the most recent federal decennial census that, on the effective date of this section, has implemented a written jail management plan in which the basis of the plan is jail bed allocation. The exception provided by this subsection applies only as long as that plan remains in effect.
History: Add. 2007, Act 140, Eff. Feb. 11, 2008 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.