HOUSE BILL No. 4401


     March 4, 1997, Introduced by Reps. Gire, Callahan, DeHart, Cherry, Rocca, Brewer, Scott, Goschka, Willard, Raczkowski, Bodem, Hale, Bogardus, Brown and Dalman and referred to the Committee on Corrections.


        A bill to amend 1984 PA 118, entitled

   "The prisoner reimbursement to the county act,"

   by amending section 7 (MCL 801.87), as amended by 1996 PA 544.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7.  (1) Within  12 months  6 YEARS after the release

 2    from a county jail of a sentenced prisoner or a pretrial detainee

 3    whose prosecution resulted in conviction for a felony,  an attor-

 4     ney for that  A county DESIGNEE may file a civil action to seek

 5    reimbursement from that person for maintenance and support of

 6    that person while he or she is or was confined in the jail, or

 7    for any other expense for which the county may be reimbursed

 8    under section 3, as provided in this section and sections 8

 9    to 10.  BEFORE FILING AN ACTION UNDER THIS SECTION, THE COUNTY

10    SHALL TAKE INTO CONSIDERATION ALL OF THE FACTORS LISTED IN

11    SUBSECTION (3) REGARDING THE PRISONER'S LEGAL AND MORAL


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 1    OBLIGATIONS TO PROVIDE SUPPORT.  AS USED IN THIS SUBSECTION,

 2    "COUNTY DESIGNEE" MEANS A PERSON DESIGNATED BY THE COUNTY BOARD

 3    OF COMMISSIONERS FOR THAT COUNTY OR, IF THE COUNTY IS ORGANIZED

 4    UNDER 1973 PA 139, MCL 45.551 TO 45.573, OR UNDER 1966 PA 293,

 5    MCL 45.501 TO 45.521, A PERSON DESIGNATED BY THE COUNTY MANAGER,

 6    THE CHIEF ADMINISTRATIVE OFFICER, OR THE ELECTED COUNTY

 7    EXECUTIVE.

 8         (2) A civil action brought under this act shall be insti-

 9    tuted in the name of the county in which the jail is located and

10    shall state the following, as applicable:

11         (a) In the case of a prisoner sentenced to the jail, the

12    date and place of sentence, the length of time set forth in the

13    sentence, the length of time actually served, and the amount or

14    amounts due to the county pursuant to section 3.

15         (b) In the case of a person imprisoned as a pretrial

16    detainee on a charge or charges that resulted in conviction for a

17    felony, the length of pretrial detention and the amount or

18    amounts due to the county pursuant to section 3.

19         (3) Before entering any order on behalf of the county

20    against the defendant, the court shall take into consideration

21    any legal obligation of the defendant to support a spouse, minor

22    children, or other dependents and any moral obligation to support

23    dependents to whom the defendant is providing or has in fact pro-

24    vided support.

25         (4) The court may enter a money judgment against the

26    defendant and may order that the defendant's property is liable





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 1    for reimbursement for maintenance and support of the defendant as

 2    a prisoner and for other expenses reimbursable under section 3.




















































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