December 13, 2005, Introduced by Rep. Kolb and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 62, 62b, and 62c (MCL 791.262, 791.262b, and
791.262c), section 62 as amended by 1987 PA 251, section 62b as
amended by 2000 PA 211, and section 62c as amended by 1988 PA 293.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 62. (1) As used in this section:
(a) "Holding cell" means a cell or room in a facility of a
local unit of government that is used for the detention, for not
more than 12 hours, of 1 or more persons awaiting processing,
booking, court appearances, transportation to a jail or lockup, or
discharge. for
not to exceed 12 hours.
(b) "Holding center" means a facility that is operated by a
local unit of government for the detention, for not more than 24
hours, of persons awaiting processing, booking, court appearances,
transportation
to a jail or lockup, or discharge.
; for not to
exceed
24 hours.
(c) "Jail" means a facility that is operated by a local unit
of government for the detention, for not more than 1 year, of
persons charged with, or convicted of, criminal offenses or
ordinance
violations ; and
persons found guilty of civil or
criminal
contempt. ; or a facility which houses prisoners pursuant
to
an agreement authorized under Act No. 164 of the Public Acts of
1861,
being sections 802.1 to 802.21 of the Michigan Compiled Laws,
for
not more than 1 year.
(d)
"Local unit of government" means any a county,
city,
village, township, charter township, community college, college, or
university.
(e) "Lockup" means a facility that is operated by a local unit
of government for the detention, for not more than 72 hours, of
persons awaiting processing, booking, court appearances, or
transportation
to a jail. , for not to exceed 72 hours.
(f) "State correctional facility" means a facility or
institution that houses state prisoners and is maintained and
operated by the department.
(2)
State correctional facilities shall be administered by the
bureau
of prisons correctional
facilities administration.
(3) The department of labor and economic growth shall
supervise and inspect jails and lockups that are under the
jurisdiction
of the county sheriff sheriffs to obtain facts
concerning the proper management of the jails and lockups and their
usefulness. The department of labor and economic growth shall
promulgate rules and standards promoting the proper, efficient, and
humane administration of jails and lockups that are under the
jurisdiction
of the county sheriff sheriffs pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.315 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328.
(4) The department of labor and economic growth may grant a
variance to the rules and standards promulgated under subsection
(3).
(5) Except as provided in subsection (3), the department of
labor and economic growth shall not supervise and inspect, or
promulgate rules and standards for the administration of, holding
cells, holding centers, or lockups. However, the department of
labor and economic growth shall provide advice and services
concerning the efficient and humane administration of holding
cells, holding centers, and lockups at the request of a local unit
of government.
(6)
The commission department of labor and economic growth
may enforce any reasonable order with respect to jails and lockups
subject to supervision and inspection pursuant to subsection (3)
through mandamus or injunction in the circuit court of the county
where the jail is located through proceedings instituted by the
attorney
general on behalf of the commission department of labor
and economic growth.
(7) The county board of commissioners may determine whether
the sheriff's residence is to be part of the county jail.
(8) The sheriff or the administrator of a jail or lockup,
subject to supervision and inspection under subsection (3), shall
admit
to the jail or lockup any member of the
commission
department of labor and economic growth or an authorized designee
of
the commission department of labor and economic growth, for
the purpose of visitation and inspection.
(9) The sheriff or the administrator of a jail or lockup
subject to supervision and inspection under subsection (3) shall
keep
records of a type and in a manner reasonably prescribed by the
commission
department of labor and
economic growth. The
commission
department of labor and
economic growth shall provide
the forms required for keeping the records.
(10)
Any person who violates subsections subsection (8) or
(9) shall
be is guilty of a misdemeanor.
Sec. 62b. (1) The rules and standards promulgated under
section
62(3) shall do
not prohibit the housing of 2 inmates
in a
county
jail cell which that
is designed and constructed for
single
occupancy and which that
meets either of the following
conditions:
(a) The cell is at least 65 square feet in area and provides
unrestricted
access to a day area which that
is available for use
by the inmates other than those inmates being disciplined. The day
area shall be available at least 14 hours per day and shall contain
an average of at least 20 additional square feet of space per
inmate.
(b) The cell is at least 55 square feet in area and both of
the 2 inmates housed in the cell participate in a day parole
program for not less than 32 hours per week.
(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 of labor and economic
growth. Any classification system in effect on December 31, 1987
shall continue in effect until changed as provided in this
subsection.
(4) A person who has no prior criminal convictions may only be
housed with another inmate who does not have a prior felony
conviction.
(5)
Cells in which 2 inmates are housed shall have doors
which
that allow visual supervision, and inmates shall be under
visual supervision at least every hour.
(6) An inmate who is subject to section 33b(a) to (cc) shall
not
be housed in a cell with another inmate as provided for
under
this section, unless the sentencing judge authorizes the inmate for
that housing.
(7) If the state incurs any expense or is liable for damages
on any judgment for an action brought as the result of a county
housing 2 inmates in a cell as provided in this section, the county
in which the action arose shall fully indemnify the state for the
expense or damages.
(8) No more than 75% of the total inmate population may be
housed 2 to a cell and pretrial inmates must be housed in separate
cell blocks or housing units from sentenced inmates. In any jail
facility with 5 or more floors, pretrial inmates shall be housed on
separate floors from sentenced inmates.
Sec. 62c. (1) The rules and standards promulgated under
section
62(3) shall do
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 applies
only apply to
cells
constructed after January 1, 1988.
(b)
The cell provides access to a day area
which that 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 applies
only apply 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 of labor and economic
growth.
(4) High security and segregation cells shall not be
constructed 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.