April 15, 2008, Introduced by Rep. Hammel 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,"
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:
(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 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) 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 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.
(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) (3)(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)
Not later than 18 months after the effective date of the
1988
amendatory act that added this subsection and amended
subsection
(1), the office of facility services of the department
of
corrections, in cooperation with the Michigan sheriffs'
association,
shall 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.