HOUSE BILL No. 4123


     January 31, 2001, Introduced by Reps. Basham, Schermesser and Lemmons and referred to the Committee on Criminal Justice.


        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:

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                                    TITLE

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           An act to provide for the reimbursement of CERTAIN expenses

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      incurred by cities in  providing medical supplies for or medical

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      treatment or attendance  THE INCARCERATION of prisoners in city

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

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      act.

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

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      BURSEMENT FROM A PERSON FOR THE MAINTENANCE AND SUPPORT OF THAT

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



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

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

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      THAT RESULTED IN CONVICTION FOR A CRIME.

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

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

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      SECTION (4) REGARDING THE PERSON'S LEGAL AND MORAL OBLIGATIONS TO

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      PROVIDE SUPPORT.

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

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

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      AND SHALL STATE THE DATE, PLACE, THE LENGTH OF TIME THE PERSON

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      WAS INCARCERATED, THE REASON FOR THE PERSON'S INCARCERATION, AND

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      THE AMOUNT DUE TO THE CITY UNDER THIS SECTION.

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

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      THE PERSON, THE COURT SHALL TAKE INTO CONSIDERATION ANY LEGAL

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      OBLIGATION OF THE PERSON TO SUPPORT A SPOUSE, MINOR CHILDREN, OR

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      OTHER DEPENDENTS AND ANY MORAL OBLIGATION TO SUPPORT DEPENDENTS

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      TO WHOM THE PERSON IS PROVIDING OR HAS PROVIDED SUPPORT.

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

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      AND MAY ORDER THAT THE PERSON'S PROPERTY IS SUBJECT TO ATTACHMENT

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      FOR REIMBURSEMENT OF EXPENSES REIMBURSABLE UNDER THIS SECTION.

















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