February 7, 2007, Introduced by Reps. Wenke, Rick Jones, Byrnes, Nofs, Hoogendyk, Proos, Nitz and Robert Jones and referred to the Committee on Judiciary.
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 section 9a.
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) A majority of the circuit judges and a majority of the
district judges who sit within the affected county or judicial
circuit.
(c) The state court administrative office.
(2) 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
subsection (3).
(3) 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.