HOUSE BILL No. 5093

 

August 17, 2005, Introduced by Rep. Spade and referred to the Committee on Judiciary.

 

     A bill to amend 1953 PA 232, entitled

 

"Corrections code of 1953,"

 

by amending section 62c (MCL 791.262c), as amended by 1988 PA 293.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 62c. (1) The rules and standards promulgated under

 

section 62(3) shall not prohibit the housing of 2 or more inmates

 

in a county jail cell  which  that is designed and constructed for

 

housing 2 or more inmates  ,  and  which  that meets all of the

 

following conditions:

 

     (a) The basic cell has at least 52 square feet in area per

 

inmate. This subdivision  shall  only  apply  applies to cells

 

constructed after January 1, 1988.

 

     (b) The cell provides access to a day area which is available


 

for use by other than those being disciplined. The day area shall

 

contain at least 20 additional square feet of space per inmate.

 

This subdivision  shall  only  apply  applies to cells constructed

 

after January 1, 1988.

 

     (c) The cell complies with other rules and standards for

 

multiple occupancy housing in jails, as promulgated under section

 

62(3).

 

     (2) For purposes of housing inmates as provided  for  under

 

this section, the sheriff of the county shall develop and implement

 

a classification system classifying the county jail population

 

according to all of the following:

 

     (a) Behavior characteristics.

 

     (b) Similar physical characteristics.

 

     (c) Age.

 

     (d) Type of crime committed and criminal history.

 

     (e) Gender.

 

     (3) The classification system under subsection (2) shall be

 

submitted to and approved by the department.

 

     (4) High-security and segregation cells shall not be  

 

constructed  used to house multiple inmates.

 

     (5) Cells in which 2 or more inmates are housed shall have

 

doors which allow visual supervision, and inmates shall be under

 

visual supervision at least every hour.