HOUSE BILL No. 4785

May 12, 2005, Introduced by Reps. Ward, David Law, Schuitmaker and Nofs and referred to the Committee on Judiciary.

A bill to amend 1846 RS 171, entitled

"Of county jails and the regulation thereof,"

by amending section 4b (MCL 801.4b), as added by 2003 PA 124.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4b. (1) ~~Beginning August 1, 2003, each~~ Each person who

is incarcerated in the county jail shall pay a fee of $12.00 to the

county sheriff when the person is admitted into the jail.

(2) The county sheriff may collect a fee owed under this

section by withdrawing that amount from any inmate account

maintained by the sheriff for that inmate.

(3) Except as provided in subsections (4) and (5), the

sheriff, once each calendar quarter, shall forward all fees

collected under this section to the local corrections officers

training fund created in the local corrections officers training

act, 2003 PA 125, MCL 791.531 to 791.546.

(4) The revenue derived from fees collected under this section

shall be directed in the manner provided in subsection (5) in a

county for which the sheriffs coordinating and training council has

certified that the county's standards and requirements for the

training of local corrections officers equals or exceeds the

standards and requirements approved by the sheriffs coordinating

and training council under the local corrections officers training

act, 2003 PA 125, MCL 791.531 to 791.546.

(5) In a county that meets the criteria in subsection (4),

both of the following apply:

(a) Once each calendar quarter, the sheriff shall forward

$2.00 of each fee collected to the state treasurer for deposit in

the local corrections officers training fund created in the local

corrections officers training act, 2003 PA 125, MCL 791.531 to

791.546.

(b) The remaining $10.00 of each fee shall be retained in that

county, to be used only ~~for~~ to defray the costs relating to the

mandatory requirements of continuing education, certification,

recertification, and training of local corrections officers as

approved by the sheriffs coordinating and training council under

section 8 of the local corrections officers training act, 2003 PA

125, MCL 791.538, and for inmate ~~programs including~~ substance

abuse and mental health programs in that county. However, revenue

from the fees shall not be used to supplant current spending by the

county for continuing education, certification, recertification,

and training of local corrections officers.

(6) An inmate who fails to pay a fee owed under this section

before being discharged from the jail is responsible for a state

civil infraction and may be ordered to pay a civil fine of $100.00.

An appearance ticket may be issued to a person who fails to pay a

fee owed under this section. The appearance ticket may be issued by

the sheriff or a deputy sheriff. The county prosecutor for the

county in which the jail is located is responsible for enforcing

the state civil infraction. A civil fine collected under this

section shall be paid as provided under section 8831 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.8831. The court shall

waive a civil fine ordered under this section if the person subject

to the fine submits proof to the court that he or she paid the fee

imposed under subsection (1) not later than 15 days after being

released from the county jail.

(7) A person who is incarcerated in a jail pending trial or

arraignment is entitled to a full refund of the fee paid under this

section if the prosecution against him or her is terminated for any

reason or if he or she is found not guilty of the charges. Each

person required to pay a fee under this section shall be given a

written form explaining the circumstances under which he or she may

request a refund under this subsection. The form shall be as

prescribed in section 15 of the local corrections officers training

act, 2003 PA 125, MCL 791.545.