Bill Text: MI HB6121 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Corrections; jails; county jail reimbursement program; provide for. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 20j & repeals sec. 35, ch. IX of 1927 PA 175 (MCL 769.35).
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-05-05 - Printed Bill Filed 05/05/2010 [HB6121 Detail]
Download: Michigan-2009-HB6121-Introduced.html
HOUSE BILL No. 6121
May 4, 2010, Introduced by Reps. Smith, Lori and Durhal and referred to the Committee on Appropriations.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
(MCL 791.201 to 791.285) by adding section 20j; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20j. (1) The department shall administer a county jail
reimbursement program, subject to annual appropriations for that
purpose, for the purpose of reimbursing counties for certain felons
who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H or a nonperson crime in crime class F, as provided in the
sentencing guidelines.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months.
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the
parole board and for which the sentencing guidelines recommended
range for the minimum sentence has an upper limit of more than 18
months.
(3) State reimbursement under this section shall be $60.00 per
diem per diverted offender for offenders with a presumptive prison
sentencing guideline score, $50.00 per diem per diverted offender
for offenders with a straddle cell sentencing guideline score for a
group 1 crime, and $35.00 per diem per diverted offender for
offenders with a straddle cell sentencing guideline score for a
group 2 crime. Reimbursements shall be paid for sentences up to a
1-year total.
(4) All factors in subsections (2) and (3) relating to
sentencing guidelines shall be determined by the department
according to chapter XVII of the code of criminal procedure, 1927
PA 175, MCL 777.1 to 777.69.
(5) The department and the state budget office shall, if
appropriate, recommend modification of the criteria for
reimbursement contained in subsection (2) to the chairs of the
house and senate appropriations subcommittees on corrections.
(6) County jail reimbursement program expenditures shall not
exceed the annual amount appropriated for that purpose for the
county jail reimbursement program. Payments to counties under the
county jail reimbursement program shall be made in the order in
which properly documented requests for reimbursements are received.
A request shall be considered to be properly documented if it meets
the department's requirements for documentation. The department
shall distribute the documentation requirements to all counties.
(7) On a quarterly basis, the chairs of the senate and house
appropriations subcommittees on corrections shall convene a meeting
of a workgroup consisting of representatives of the department, the
Michigan sheriff's association, and the Michigan association of
counties for all of the following purposes:
(a) Reviewing the projected reimbursements compared to the
amount appropriated for that purpose for that fiscal year.
(b) Determining whether there is a need for increased funding.
(c) Recommending an appropriate funding level.
(8) As used in this section:
(a) "Group 1 crime" means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other,
burglary, criminal sexual conduct, homicide or resulting in death,
other sex offenses, robbery, and weapon possession as determined by
the department.
(b) "Group 2 crime" means a crime that is not a group 1 crime,
including larceny, fraud, forgery, embezzlement, motor vehicle,
malicious destruction of property, controlled substance offense,
felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted
felon has been sentenced to the county jail and either is housed in
the jail or has been released from jail and is being monitored
through the use of the sheriff's electronic monitoring system.
Enacting section 1. Section 35 of chapter IX of the code of
criminal procedure, 1927 PA 175, MCL 769.35, is repealed.
