Bill Text: MI HB5534 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Corrections; jails; criteria for jail reimbursement program; modify. Amends sec. 35, ch. IX of 1927 PA 175 (MCL 769.35).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-10-27 - Printed Bill Filed 10/23/2009 [HB5534 Detail]

Download: Michigan-2009-HB5534-Introduced.html

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HOUSE BILL No. 5534

 

October 22, 2009, Introduced by Rep. Haveman and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 35 of chapter IX (MCL 769.35), as added by 1998

 

PA 317.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IX

 

     Sec. 35. The department of corrections shall operate a jail

 

reimbursement program that provides funding to counties for housing

 

offenders in county jails who otherwise would have been sentenced

 

to prison. The criteria for reimbursement , including but not

 

limited to criteria for determining those offenders who otherwise

 

would have been sentenced to prison, and the shall include, but not

 

be limited to, all of the following for each offender for whom

 

reimbursement is made:

 

     (a) A sentencing guidelines recommended range upper limit of

 

more than 18 months.

 

     (b) A sentencing guidelines recommended range lower limit of

 

12 months or less.

 

     (c) A prior record variable score of 35 or more points.

 

     (d) A minimum sentencing guidelines range minimum of more than

 

12 months.

 

     (e) The offender's sentence is not for commission of a crime

 

in crime class G or crime class H under chapter XVII of the code of

 

criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

 

     (2) The rate of reimbursement shall be established in the

 

annual appropriations acts for the department of corrections.

 

Funding for the jail reimbursement program shall be an amount equal

 

to 1% of the general fund portion of the enacted annual fiscal year

 

budget for the department of corrections, but shall never be less

 

than an amount equal to 1% of the general fund portion of the

 

fiscal year 2008-2009 budget for the department of corrections.