S.B. 1040: COMMITTEE SUMMARY - JAIL CELL SPACE REQUIREMENTS
Senate Bill 1040 (as introduced 4-14-98)
Sponsor: Senator Jon Cisky
Committee: Judiciary
CONTENT
The bill would amend the Department of Corrections (DOC) law to expand the circumstances under which two inmates may be housed in a county jail cell designed for single occupancy.
The DOC law requires the Department to supervise and inspect jails and lockups that are under the jurisdiction of the county sheriffs. The DOC must promulgate rules and standards promoting the proper, efficient, and humane administration of the county jails and lockups. The DOC law states that those rules may not prohibit the housing of two inmates in a county jail cell that is designed and constructed for single occupancy if that cell is at least 65 square feet in area and provides unrestricted access to a day area that is available for use by inmates, other than those being disciplined. The day area must be available at least 14 hours per day and contain an average of at least 20 additional square feet of space per inmate.
Under the bill, the rules could not prohibit the housing of two inmates in a county jail cell designed and constructed for single occupancy either if the current requirements for square footage and day area access were met, or if the cell were at least 55 square feet in area and both of the inmates housed in the cell participated in a day parole program for at least 32 hours per week.
MCL 791.262b - Legislative Analyst: P. Affholter
FISCAL IMPACT
Senate Bill 1040 would have an indeterminate fiscal impact on local government. The bill would have no direct fiscal impact on State government.
To the extent that a county jail met the design and population profile requirements proposed in the bill, county jail capacity would be expanded without construction costs. In general, counties increasing capacity size would have additional costs for housing more offenders; however, on average the cost of housing offenders would decrease. Thus, counties could defer capital outlay costs, but incur increased operating costs.
- Fiscal Analyst: K. Firestone
S9798\S1040SA
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.