HB-5987, As Passed Senate, December 18, 2008

SENATE 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)~~ (5) 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:

(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.

(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.

(4) ~~(3)~~ 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 do either or both of the following with regard to a

prisoner whose release would not present a high risk to the public

safety:

(i) Modify the bond of the prisoner, subject to any conditions

reasonably necessary to ensure the appearance of the individual in

court.

(ii) Release the prisoner subject to the condition that he or

she be placed on electronic monitoring.

(5) ~~(4)~~ 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.

(6) ~~(5) 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