HOUSE BILL No. 4146


     February 3, 1999, Introduced by Rep. Jamnick and referred to the Committee on Criminal Law and 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  NOT MORE THAN 24 months after the

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

 3    detainee whose prosecution resulted in conviction for a felony,

 4    an attorney for that county may file a civil action to seek reim-

 5    bursement from that person for maintenance and support of that

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

 7    other expense for which the county may be reimbursed under sec-

 8    tion 3, as provided 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  WHERE the jail is

11    located and shall state the following, as applicable:


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 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  UNDER 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  UNDER section 3.

 9         (3) Before entering  any  AN 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.





















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