HB-5987, As Passed House, June 26, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5987

     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,"

by amending section 6 (MCL 801.56), as amended by 1988 PA 399.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. (1) The further actions prescribed in subsections (2)

to (4) and in sections 7 and 8 shall be required unless the actions

taken pursuant to section 5 reduce the county's jail population to

the higher of the following:

     (a) 90% of rated design capacity or a percentage of rated

design capacity less than 90% as set by a court prior to February

8, 1983.

     (b) A prisoner population such that the jail has the following

number of empty beds:

House Bill No. 5987 (H-2) as amended June 26, 2008

     (i) For a jail with a rated design capacity of less than 500

beds, at least 10 empty beds.

     (ii) For a jail with a rated design capacity of 500 beds or

more, at least 25 empty beds.

     (2) If the actions taken pursuant to section 5 do not reduce

the county jail's population to the level prescribed in subsection

(1) within 14 days of after the declaration of the county jail

overcrowding state of emergency, the sheriff shall present to the

chief circuit judge for the county in which the jail is located the

following information for each prisoner sentenced to and housed in

the county jail on that date:

     (a) For prisoners who are serving a sentence of imprisonment

for conviction of 1 or more crimes:

(i) (a) The name of each prisoner.

(ii) (b) The offense for which the prisoner was convicted.

(iii) (c) The length of sentence imposed for the prisoner.

(iv) (d) The date on which the prisoner began serving his or

her sentence.

(v) (e) The date on which the prisoner will be released from

the jail according to the terms of his or her sentence, including

computations for good time.

(vi) (f) The name of the judge who imposed the sentence.

     (b) For prisoners housed in the county jail[, other than a prisoner

 described in subsection (3),] who are not

serving a sentence of imprisonment for conviction of a crime:

     (i) The name of the prisoner.

     (ii) The offense for which the prisoner is being detained in

the county jail.

House Bill No. 5987 (H-2) as amended June 26, 2008

     (iii) The amount of the prisoner's bond.

     (iv) The date on which the prisoner began his or her period of

detention.

     (v) The name of the judge who ordered the prisoner to be

detained.

[(3) Subsection (2)(b) does not apply to a prisoner who is detained in the county jail in connection with a crime or an allegation of a crime in which the victim was a spouse, a former spouse, an individual with whom he or she has had a child in common, an individual residing or having resided in the same household, or an individual with whom he or she has or has had a dating relationship as that term is defined in section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.

(3)(4)] After the chief circuit judge for the county in which the

jail is located reviews the information presented by the sheriff

pursuant to subsection (2), the chief circuit judge shall, for

purposes of county jail population reduction, classify the do both

of the following:

     (a) Classify prisoners who are serving sentences of

imprisonment for conviction of crimes into 2 groups: those

prisoners who, if released, would present a high risk to the public

safety, and those who, if released, would not present a high risk

to the public safety. The chief circuit judge shall also determine

a minimum and a maximum percentage by which the sentences can be

reduced. The sheriff shall reduce the sentences of all prisoners

who, if released, would not present a high risk to the public

safety by an equal percentage which is within the minimum and

maximum percentages determined by the chief circuit judge.

     (b) Review the list of prisoners housed in the county jail who

are not serving a sentence for conviction of crimes and determine

for each prisoner whether the release of that prisoner would or

would not present a high risk to public safety. The chief circuit

judge may modify the bond of a prisoner described in this

subdivision, subject to any conditions reasonably necessary to

ensure the appearance of the individual in court.

House Bill No. 5987 (H-2) as amended June 26, 2008

[(4)(5)] The sentences of prisoners sentenced to and housed in the

county jail after the fourteenth day of the county jail

overcrowding state of emergency may continue to be reduced in the

same manner as prescribed in subsections (2) (2)(a) and (3) [(4)(a)],

but shall not be reduced after the county jail overcrowding state

of emergency is ended or after the sheriff orders a sentence

reduction pursuant to section 7, whichever occurs first.

[(5)(6)] Not later than 18 months after the effective date of the

1988 amendatory act that added this subsection and amended

subsection (1), the The [office of facility services of the]

department of corrections, in cooperation with the Michigan

sheriffs' association, shall annually report to the chairpersons of

the senate and house standing committees responsible for

legislation concerning corrections. The report shall evaluate the

effect on the overcrowding state of emergency procedures of the

amendments to subsection (1) made by the 1988 amendatory act that

added this subsection for the 12 months beginning on the effective

date of that 1988 amendatory act under this section.