December 18, 2009, Introduced by Senator RICHARDVILLE and referred to the Committee on Judiciary.
A bill to amend 1846 RS 171, entitled
"Of county jails and the regulation thereof,"
by amending section 4b (MCL 801.4b), as added by 2003 PA 124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4b. (1) Beginning August 1,
2003, each Each person
who is
incarcerated in the county jail shall pay a fee of $12.00 to the
county sheriff when the person is admitted into the jail.
(2) The county sheriff may collect a fee owed under this
section by withdrawing that amount from any inmate account
maintained by the sheriff for that inmate.
(3)
Except as provided in subsections (4) and (5), the The
sheriff, once each calendar quarter, shall allocate the funds
collected under subsection (1) as follows:
(a)
The sheriff shall forward all fees $10.00 of each fee
collected under this section to the local corrections officers
training fund created in section 15 of the local corrections
officers training act, 2003 PA 215, MCL 791.545.
(4)
The revenue derived from fees collected under this section
shall
be directed in the manner provided in subsection (5) in a
county
for which the sheriffs coordinating and training council has
certified
that the county's standards and requirements for the
training
of local corrections officers equals or exceeds the
standards
and requirements approved by the sheriffs coordinating
and
training council under the local corrections officers training
act.
(5)
In a county that meets the criteria in subsection (4),
both
of the following apply:
(a)
Once each calendar quarter, the sheriff shall forward
$2.00
of each fee collected to the state treasurer for deposit in
the
local corrections officers training fund created in the local
corrections
officers training act.
(b) The sheriff shall forward $1.00 of each fee collected to
the commission on law enforcement standards to defray the cost
incurred by the commission in training, certifying, decertifying,
and recertifying local corrections officers.
(c) (b)
The remaining $10.00 $1.00 of
each fee shall be
retained in that county and provided for in the sheriff's budget,
to
and shall be
used only for costs relating to the continuing
education ,
certification, recertification, and
training of local
corrections officers that exceeds the standards and requirements
approved by the commission on law enforcement standards under the
local corrections officers training act, 2003 PA 125, MCL 791.531
to 791.546, training equipment for use exclusively by local
corrections officers, and inmate programs including substance abuse
and mental health programs in that county. However, revenue from
the
fees shall not be used to supplant current spending by the
county at the level established as of September 30, 2003, for
continuing
education , certification, recertification, and training
of local corrections officers.
(4) (6)
An inmate who fails to pay a fee
owed under this
section before being discharged from the jail is responsible for a
state civil infraction and may be ordered to pay a civil fine of
$100.00. An appearance ticket may be issued to a person who fails
to pay a fee owed under this section. The appearance ticket may be
issued by the sheriff or a deputy sheriff. The county prosecutor
for the county in which the jail is located is responsible for
enforcing the state civil infraction. A civil fine collected under
this section shall be paid as provided under section 8831 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.8831.
(5) (7)
A person who is incarcerated in a
jail pending trial
or arraignment is entitled to a full refund of the fee paid under
this section if the prosecution against him or her is terminated
for any reason or if he or she is found not guilty of the charges.
Each person required to pay a fee under this section shall be given
a written form explaining the circumstances under which he or she
may request a refund under this subsection. The form shall be as
prescribed in section 15 of the local corrections officers training
act, 2003 PA 125, MCL 791.545.
(6) Each year, the department of treasury shall conduct audits
of 3 counties that receive money from the fund. One shall be a
county having a population of less than 100,000, 1 shall be a
county having a population of at least 100,000 but less than
200,000, and 1 shall be a county having a population of 200,000 or
more. The cost of the audits shall be paid from money in the fund.
The audits shall be limited only to determining whether the
counties that are audited have complied with the requirements of
section 15(3) of the local corrections officers training act, 2003
PA 125, MCL 791.545, pertaining to the use of money granted from
the local corrections officers training fund and the requirements
of subsection (3)(c) regarding that portion of the county jail
admission fee retained in the county. The audit shall include the
activities of the county board of commissioners, county sheriff,
county executive, county administrator, county chief financial
officer, county treasurer, county board of auditors, and any other
fiscal officer or employee of the county. The department of
treasury shall provide copies of the audit results and related
management letters to the commission, the deputy sheriffs
association of Michigan, and the Michigan sheriffs association. The
audit results also shall be published in the annual report of the
commission. If the department of treasury determines in its audit
that a county has not complied with section 15(3) of the local
corrections officers training act, 2003 PA 125, MCL 791.545, or
with subsection (3)(c), the department of treasury shall notify the
attorney general of that fact. The county shall comply with all
advisory letters from the state treasurer pertaining to the
budgeting, accounting, and reporting of the portion of fees
retained by the county under subsection (3)(c). If a county fails
to comply with those advisory letters, the county shall forfeit
those funds to the state until the state treasurer determines that
the county has complied with those advisory letters.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1043.
(b) Senate Bill No. 1044.