STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2017

Introduced by Senators Booher, O’Brien, Proos, Jones, Colbeck, Knollenberg, Horn, Brandenburg, Hansen, Schuitmaker, Kowall, Johnson and Warren

ENROLLED SENATE BILL No. 50

AN ACT to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 65j.

The People of the State of Michigan enact:

Sec. 65j. (1) The department shall implement a county jail bed savings program to house eligible prisoners sentenced to the custody of the department in county jails rather than in state correctional facilities.

(2) A county may volunteer to participate in the jail bed savings program and house eligible prisoners sentenced to the custody of the department in its county jails.

(3) If a county volunteers to participate in the jail bed savings program, the department shall reimburse the county at a minimum rate of $35.00 per day per prisoner. However, the legislature may negotiate the minimum rate of reimbursement under this subsection with the counties participating in the jail bed savings program and allot any adjustment in the minimum rate proportionally to the counties participating in the jail bed savings program upon appropriation.

(4) If a county participating in the jail bed savings program has available bed space in its county jail and the department has prisoners in its custody meeting the eligibility requirements under this section, the department may place the eligible prisoners in the county jail.

(5) A prisoner who does not meet all of the following eligibility requirements shall not be placed in a county jail under this section:

(a) The prisoner has been given a level I classification by a department classification committee on a scale of 6 levels in which level I is the least restrictive level.

(b) The prisoner is not serving a sentence for conviction of a violation or attempted violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.

(c) The prisoner is serving a fixed sentence with a determined discharge date.

(6) As used in this section, “state correctional facility” means a facility or institution that is maintained and operated, or contracted for, by the department of corrections and that houses prisoners sentenced to the custody of the department of corrections.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor