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SB-0208, As Passed House, March 9, 2006

SUBSTITUTE FOR

SENATE BILL NO. 208

(As amended March 7, 2006)

A bill to allow reimbursement to municipalities for certain

costs for inmates housed in municipal jails or county jails; and to

provide certain powers and duties of municipal officials and county

officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"inmate reimbursement to municipalities act".

Sec. 2. As used in this act:

(a) "Municipal jail" means a jail or lockup operated by a

city, village, or township.

(b) "Municipality" means a city, village, or township located

within a county that has a population of [500,000] or more.

Sec. 3. (1) A municipality may seek reimbursement from any

person who is or was a convicted inmate in the municipal jail or in

a county jail for expenses incurred by the municipality in relation

to the incarceration of that person, as follows:

(a) Not more than $60.00 per day for the expenses of

maintaining that inmate or the actual per diem cost of maintaining

that inmate, whichever is less, for the entire period of time the

inmate was confined in the municipal jail, including any period of

pretrial detention.

(b) The per-day cost charged to the municipality by a county

for housing the inmate in that county's jail, but not more than

$60.00 per day, for the entire period during which the inmate was

housed in that county's jail.

drugs, dental care, and other medical examinations or procedures.

(d) To investigate the financial status of the person.

(e) Any other expenses incurred by the municipality to collect

payments under this act.

(2) Reimbursement under this act may be ordered as a probation

condition entered pursuant to section 3 of chapter XI of the code

of criminal procedure, 1927 PA 175, MCL 771.3.

(3) Before seeking any reimbursement under this act, the

municipality shall develop a form to be used for determining the

financial status of inmates. The form shall provide for obtaining

the age and marital status of an inmate, number and ages of

children of an inmate, number and ages of other dependents, type

and value of real estate, type and value of personal property, cash

and bank accounts, type and value of investments, pensions and

annuities, and any other personalty of significant cash value. The

municipality shall use the form when investigating the financial

status of inmates.

Sec. 4. At, and in accordance with, the request of the

legislative body of a municipality, the chief of police of the

municipality or, if there is no chief of police, the municipal

clerk shall forward to the legislative body of the municipality a

list containing the name of each sentenced inmate and each pretrial

detainee whose prosecution resulted in conviction from whom

reimbursement may be sought under section 3, the term of sentence

or the period of pretrial detention, and the date of admission to

the municipal jail or a county jail, together with information

regarding the financial status of each inmate, as required by the

legislative body.

Sec. 5. (1) An inmate in a municipal or county jail shall

cooperate with the municipality in seeking reimbursement under this

act for expenses incurred by the municipality for that inmate.

(2) An inmate who willfully refuses to cooperate as provided

in subsection (1) shall not receive a reduction in his or her term

under section 7 of 1962 PA 60, MCL 801.257. If an inmate is ordered

to reimburse the municipality under this act as a probation

condition entered pursuant to section 3 of chapter XI of the code

of criminal procedure, 1927 PA 175, MCL 771.3, the inmate is

subject to probation revocation as provided in section 4 of chapter

XI of the code of criminal procedure, 1927 PA 175, MCL 771.4.

Sec. 6. The legislative body of a municipality may investigate

or cause to be investigated all the reports under section 4

furnished by the chief of police or municipal clerk for the purpose

of securing reimbursement as provided for under this act.

Sec. 7. (1) Within 12 months after the release from a

municipal or county jail of a sentenced inmate or a pretrial

detainee whose prosecution resulted in conviction, an attorney for

a municipality may file a civil action to seek reimbursement from

that person for maintenance and support of that person while he or

she is or was confined in the jail, for costs charged to the

municipality by a county for housing that person in the county

jail, and for any other expense for which the municipality may be

reimbursed under section 3, as provided in this section and

sections 8 to 10.

(2) A civil action brought under this act shall be instituted

in the name of the municipality and shall state the following, as

applicable:

(a) In the case of an inmate sentenced to the municipal or

county jail, the date and place of sentence, the length of time set

forth in the sentence, the length of time actually served, and the

amount or amounts due to the municipality pursuant to section 3.

(b) In the case of a person imprisoned as a pretrial detainee

on a charge or charges that resulted in conviction, the length of

pretrial detention and the amount or amounts due to the

municipality pursuant to section 3.

(3) Before entering any order on behalf of the municipality

against the defendant, the court shall take into consideration any

legal obligation of the defendant to support a spouse, minor

children, or other dependents and any moral obligation to support

Senate Bill No. 208 (S-1) as amended March 7, 2006

dependents to whom the defendant is providing or has in fact

provided support.

(4) The court may enter a money judgment against the defendant

and may order that the defendant's property is liable for

reimbursement for maintenance and support of the defendant as an

inmate and for other expenses reimbursable under section 3.

Sec. 8. (1) Consistent with section 7, the municipality may

file the civil action in the district court to recover a money

judgment and to enforce that judgment in the same manner as other

money judgments entered by the district court. If the defendant is

still an inmate in the municipal jail or county jail or is a

prisoner in a state correctional facility, venue in a district of

the first class is proper in the county where the municipal jail,

county jail, or state correctional facility is located and in a

district of the second or third class is proper in the judicial

district where the municipal jail, county jail, or state

correctional facility is located.

(2) If necessary to protect the municipality's right to obtain

reimbursement under this act against the disposition of known

property, the municipality, in accordance with rules of the supreme

court of this state, may seek issuance of an ex parte restraining

order to restrain the defendant from disposing of the property

pending a hearing on an order to show cause why the particular

property should not be applied to reimbursement of the [municipality] for

the maintenance and support of the defendant as an inmate.

(3) To protect and maintain the property pending resolution of

the matter, the court, upon request, may appoint a receiver.

Sec. 9. The municipality shall not enforce any judgment

obtained under this act by means of execution against the homestead

of the defendant.

Sec. 10. The sentencing judge and the sheriff of any county in

which an inmate's property is located shall furnish to the attorney

for the municipality all information and assistance possible to

enable the attorney to secure reimbursement for the municipality

under this act.

Sec. 11. The reimbursements secured under this act shall be

credited to the general fund of the municipality to be available

for general fund purposes. The municipal treasurer may determine

the amount due the municipality under this act and render sworn

statements thereof. These sworn statements shall be considered

prima facie evidence of the amount due.