HOUSE BILL No. 4912


     June 12, 1997, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        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  24 months after the release from a

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

 3    prosecution resulted in conviction for a felony, an attorney for

 4    that county may file a civil action to seek reimbursement from

 5    that person for maintenance and support of that person while he

 6    or she is or was confined in the jail, or for any other expense

 7    for which the county may be reimbursed under section 3, as pro-

 8    vided in this section and sections 8 to 10.

 9         (2) A civil action brought under this act shall be

10    instituted in the name of the county in which the jail is located

11    and shall state the following, as applicable:


   03191'97                                                 VPW
                                              2

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

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

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

 4    amounts due to the county pursuant to section 3.

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

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

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

 8    amounts due to the county pursuant to section 3.

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

10    against the defendant, the court shall take into consideration

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

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

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

14    vided support.

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

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

17    for reimbursement for maintenance and support of the defendant as

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





















   03191'97          Final page.                            VPW