HB-4234, As Passed Senate, October 29, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4234

     A bill to amend 1982 PA 325, entitled

"An act to authorize county sheriffs to declare a county jail

overcrowding state of emergency; to prescribe the powers and duties

of certain judges, county sheriffs, and other county officials; and

to provide remedies for a county jail overcrowding state of

emergency,"

(MCL 801.51 to 801.64) by adding sections 9a and 9b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9a. (1) For the purpose of reducing or preventing chronic

jail overcrowding, a county or judicial circuit may adopt and

implement a written county jail population management plan. The

plan shall not take effect unless it is approved by all of the

following:

     (a) The sheriff of each affected county.

     (b) The prosecuting attorney of each affected county.

     (c) The chief circuit judge of the judicial circuit or, in the

case of a county plan, the chief circuit judge of the judicial

circuit that includes that county.

     (d) A district judge designated as follows:

     (i) If the plan affects a single-county or multicounty judicial

district, the chief district judge for that judicial district.

     (ii) In all other cases, a district judge chosen by the chief

district judges of all judicial districts affected by the plan.

     (2) A written county jail population management plan adopted

under subsection (1) may be amended if the amendments are approved

by all of the parties listed in subsection (1)(a) to (d).

     (3) A written county jail population plan adopted under

subsection (1) is effective for the term prescribed in the plan,

but not more than 4 years. The amendment of a plan pursuant to

subsection (2) does not extend the 4-year limit prescribed in this

subsection.

     (4) A written county jail population management plan shall

provide for the delegation of judicial sentencing authority for the

purpose of reducing prior valid jail sentences, consistent with

section 9b(1).

     (5) A written county jail population management plan shall

provide for the delegation of judicial authority for the purpose of

reviewing bonds for unsentenced prisoners.

     Sec. 9b. (1) For purposes of this act, a sentencing judge may

suspend or reduce any validly imposed jail sentence imposed by that

judge. A sentencing judge may delegate the authority conferred

under this subsection to the chief judge of the judicial district

or circuit in which the sentencing judge serves or his or her

designee.

     (2) For purposes of this act, a judge may modify bond set by

the court for unsentenced prisoners. A judge may delegate the

authority conferred under this subsection to the chief judge of the

judicial district or circuit in which the judge serves, or his or

her designee.