2007 House Bill 4725 / Public Act 140

Mandate certain prisoner releases from crowded jails

Introduced in the House

May 8, 2007

Introduced by Rep. Paul Condino (D-35)

To require that when a county jail’s population exceeds 95 percent of rated capacity for three consecutive days, the sheriff must immediately release prisoners who are in for failure to provide child support, and those who have served at least 85 percent of their time for other crimes but are not in for assaultive or sex crimes, serious drug crimes, or drunk driving. The bill also authorizes the adoption and implementation of a written county jail population management to reduce or prevent chronic jail overcrowding, upon the agreement of the county sheriff, the county prosecutor, the chief circuit judge or district judge (or a district judge selected by his or her peers), and the state court administrative office. See also House Bill 4234.

Referred to the Committee on Judiciary

May 16, 2007

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 29, 2007

Substitute offered

To replace the previous version of the bill with one that revises various details, but does not change its substance. This version was subsequently superceded by another substitute with more changes.

The substitute passed by voice vote

Substitute offered by Rep. Paul Condino (D-35)

To replace the previous version of the bill with one that revises details related to the prisoner release "triggering" conditions and timetables, the authority of sheriffs and/or judges to release certain prisoners automatically or with some review, and other details that do not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To clarify a reference to the chief judge of a judicial district.

The amendment passed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To authorize a sheriff to modify the bond of certain prisoners being released due to overcrowding to a personal recognicance bond.

The amendment passed by voice vote

June 28, 2007

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the House 89 to 18 (details)

To require that when a county jail’s population exceeds 95 percent of rated capacity for five consecutive days, the sheriff must immediately release prisoners who are in for failure to provide child support, and those who have served at least 85 percent of their time for other crimes but are not in for assaultive or sex crimes, serious drug crimes, or drunk driving. The bill also authorizes the adoption and implementation of a written county jail population management to reduce or prevent chronic jail overcrowding, upon the agreement of the county sheriff, the county prosecutor, the chief circuit judge or district judge (or a district judge selected by his or her peers), and the state court administrative office. See also House Bill 4234.

Received in the Senate

July 17, 2007

Referred to the Committee on Judiciary

Oct. 17, 2007

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Oct. 18, 2007

Substitute offered

To replace the previous version of the bill with one that triggers the prisoner release mandate after five consecutive days of overcrowding, rather than three days.

The substitute passed by voice vote

Oct. 29, 2007

Amendment offered by Sens. Alan Sanborn (R-11) and Michael Switalski (D-10)

To allow Macomb County to continue with its current jail overcrowding response process.

The amendment passed by voice vote

Passed in the Senate 38 to 0 (details)

To require that when a county jail’s population exceeds 95 percent of rated capacity for five consecutive days, the sheriff must immediately release prisoners who are in for failure to provide child support, and those who have served at least 85 percent of their time for other crimes but are not in for assaultive or sex crimes, serious drug crimes, or drunk driving. The bill also authorizes the adoption and implementation of a written county jail population management to reduce or prevent chronic jail overcrowding, upon the agreement of the county sheriff, the county prosecutor, the chief circuit judge or district judge (or a district judge selected by his or her peers), and the state court administrative office. See also House Bill 4234.

Received in the House

Oct. 29, 2007

Oct. 30, 2007

Amendment offered by Reps. Paul Condino (D-35) and Tonya Schuitmaker (R-80)

To clarify definitions in the bill so the language of the amended law is internally consistent.

The amendment passed by voice vote

Substitute offered

The substitute passed by voice vote

Amendment offered by Reps. Paul Condino (D-35) and Tonya Schuitmaker (R-80)

To clarify a reference in the bill so the language of the amended law is internally consistent.

The amendment passed by voice vote

Passed in the House 92 to 17 (details)

To concur with the Senate-passed version of the bill, with two non-substantive amendments.

Received in the Senate

Oct. 30, 2007

Nov. 1, 2007

Passed in the Senate 36 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

Nov. 12, 2007