HOUSE BILL No. 4854


     September 28, 1999, Introduced by Reps. Basham, Bogardus, Schermesser, Hale, Bovin,
LaSata and Sanborn and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1982 PA 14, entitled

   "An act to provide for the reimbursement of expenses incurred by
   cities in providing medical supplies for or medical treatment or
   attendance of prisoners in city jails; and to provide civil fines
   for a violation of this act,"

   (MCL 801.301) by amending the title and by adding section 2.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for the reimbursement of CERTAIN expenses

 3    incurred by cities in  providing medical supplies for or
             medical

 4     treatment or attendance  THE INCARCERATION of
                       prisoners in city

 5    jails; and to provide civil fines for a violation of this act.

 6         SEC. 2.  (1) A CITY MAY FILE A CIVIL ACTION TO SEEK REIM-

 7    BURSEMENT FROM A PRISONER FOR THE MAINTENANCE AND SUPPORT OF THAT

 8    PERSON WHILE HE OR SHE IS OR WAS SERVING A TERM OF IMPRISONMENT

 9    IN THE CITY'S JAIL OR WHILE HE OR SHE IS OR WAS INCARCERATED IN



   03037'99                                                 DRM
                                              2

 1    THE CITY'S JAIL AS A PRETRIAL DETAINEE ON A CHARGE OR CHARGES

 2    THAT RESULTED IN CONVICTION FOR A CRIME.

 3         (2) BEFORE FILING AN ACTION UNDER THIS SECTION, THE CITY

 4    SHALL TAKE INTO CONSIDERATION ALL OF THE FACTORS LISTED IN SUB-

 5    SECTION (4) REGARDING THE PRISONER'S LEGAL AND MORAL OBLIGATIONS

 6    TO PROVIDE SUPPORT.

 7         (3) A CIVIL ACTION BROUGHT UNDER THIS SECTION SHALL BE

 8    INSTITUTED IN THE NAME OF THE CITY IN WHICH THE JAIL IS LOCATED

 9    AND SHALL STATE THE DATE, PLACE, THE LENGTH OF TIME THE PRISONER

10    WAS INCARCERATED, THE REASON FOR THE PRISONER'S INCARCERATION,

11    AND THE AMOUNT DUE TO THE CITY UNDER THIS SECTION.

12         (4) BEFORE ENTERING ANY ORDER ON BEHALF OF THE CITY AGAINST

13    THE DEFENDANT, THE COURT SHALL TAKE INTO CONSIDERATION ANY LEGAL

14    OBLIGATION OF THE DEFENDANT TO SUPPORT A SPOUSE, MINOR CHILDREN,

15    OR OTHER DEPENDENTS AND ANY MORAL OBLIGATION TO SUPPORT DEPEN-

16    DENTS TO WHOM THE DEFENDANT IS PROVIDING OR HAS PROVIDED

17    SUPPORT.

18         (5) THE COURT MAY ENTER A MONEY JUDGMENT AGAINST THE

19    DEFENDANT AND MAY ORDER THAT THE DEFENDANT'S PROPERTY IS SUBJECT

20    TO ATTACHMENT FOR REIMBURSEMENT OF EXPENSES REIMBURSABLE UNDER

21    THIS SECTION.















   03037'99          Final page.                            DRM