January 13, 2011, Introduced by Reps. Lori and MacMaster and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending sections 62b and 62c (MCL 791.262b and 791.262c),
section 62b as amended by 2000 PA 211 and section 62c as amended by
1988 PA 293.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 62b. (1) The rules and standards promulgated under
section
62(3) shall do not prohibit the housing of 2 inmates in a
county
jail cell which that is designed and constructed for single
occupancy
and which that meets either of the following conditions:
(a) The cell is at least 65 square feet in area and provides
unrestricted access to a day area which is available for use by the
inmates other than those inmates being disciplined. The day area
shall
be available at least 14 hours per day and shall contain an
average of at least 20 additional square feet of space per inmate.
(b) The cell is at least 55 square feet in area and both of
the 2 inmates housed in the cell participate in a day parole
program for not less than 32 hours per week.
(2) For purposes of housing inmates as provided for under this
section, the sheriff of the county shall develop and implement a
classification system classifying the county jail population
according to all of the following:
(a) Behavior characteristics.
(b) Similar physical characteristics.
(c) Age.
(d) Type of crime committed and criminal history.
(e) Gender.
(3) The classification system under subsection (2) shall be
submitted to and approved by the department. Any classification
system in effect on December 31, 1987 shall continue in effect
until changed as provided in this subsection.
(4)
A person who has no prior criminal convictions may only be
housed
with another inmate who does not have a prior felony
conviction.
(4) (5)
Cells in which 2 inmates are housed
shall have doors
which allow visual supervision, and inmates shall be under visual
supervision at least every hour.
(6)
An inmate who is subject to section 33b(a) to (cc) shall
not
be housed in a cell with another inmate as provided for under
this
section, unless the sentencing judge authorizes the inmate for
that
housing.
(5) (7)
If the state incurs any expense or
is liable for
damages on any judgment for an action brought as the result of a
county housing 2 inmates in a cell as provided in this section, the
county in which the action arose shall fully indemnify the state
for the expense or damages.
(8)
No more than 75% of the total inmate population may be
housed
2 to a cell and pretrial inmates must be housed in separate
cell
blocks or housing units from sentenced inmates. In any jail
facility
with 5 or more floors, pretrial inmates shall be housed on
separate
floors from sentenced inmates.
Sec. 62c. (1) The rules and standards promulgated under
section 62(3) shall not prohibit the housing of 2 or more inmates
in a county jail cell which is designed and constructed for housing
2 or more inmates, and which meets all of the following conditions:
(a)
The basic cell has at least 52 25
square feet in area per
inmate or, if the inmates are confined in the cell for 10 or more
hours per day, at least 35 square feet in area per inmate. This
subdivision
shall only apply applies
to cells constructed after
January 1, 1988.
(b)
The cell provides access to a day area which that is
available for use by other than those being disciplined. The day
area shall contain at least 20 additional square feet of space per
inmate.
This subdivision shall only apply applies to cells
constructed after January 1, 1988.
(c) The cell complies with other rules and standards for
multiple occupancy housing in jails, as promulgated under section
62(3).
(2) For purposes of housing inmates as provided for under this
section, the sheriff of the county shall develop and implement a
classification system classifying the county jail population
according to all of the following:
(a) Behavior characteristics.
(b) Similar physical characteristics.
(c) Age.
(d) Type of crime committed and criminal history.
(e) Gender.
(3) The classification system under subsection (2) shall be
submitted to and approved by the department.
(4)
High security and segregation cells shall not be
constructed
to house multiple inmates.
(4) (5)
Cells in which 2 or more inmates
are housed shall have
doors which allow visual supervision, and inmates shall be under
visual supervision at least every hour.