2007 House Bill 4725 (Mandate certain prisoner releases from crowded jails )

Public Act 140 of 2007

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Introduced by Rep. Paul Condino (D) on May 8, 2007, 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 House Judiciary Committee on May 8, 2007.
  - Reported in the House on May 16, 2007, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
- Substitute offered in the House on May 29, 2007, 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 This version was subsequently superceded by another substitute with more changes.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 in the House by voice vote on May 29, 2007.
- Substitute offered by Rep. Paul Condino (D) on May 29, 2007, 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 in the House by voice vote on May 29, 2007.
- Amendment offered by Rep. Tonya Schuitmaker (R) on May 29, 2007, to clarify a reference to the chief judge of a judicial district. The amendment passed in the House by voice vote on May 29, 2007.
- Amendment offered by Rep. Tonya Schuitmaker (R) on May 29, 2007, to authorize a sheriff to modify the bond of certain prisoners being released due to overcrowding to a personal recognicance bond. The amendment passed in the House by voice vote on May 29, 2007.
- Substitute offered in the House on June 28, 2007, 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 in the House by voice vote on June 28, 2007.
Passed in the House (89 to 18) on June 28, 2007, 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. [Vote Details and Comments]
Received in the Senate on July 17, 2007.
- Referred to the Senate Judiciary Committee on July 17, 2007.
  - Reported in the Senate on October 17, 2007, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
- Substitute offered in the Senate on October 18, 2007, 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 in the Senate by voice vote on October 18, 2007.
- Amendment offered by Sen. Alan Sanborn (R) and Sen. Michael Switalski (D) on October 29, 2007, to allow Macomb County to continue with its current jail overcrowding response process. The amendment passed in the Senate by voice vote on October 29, 2007.
Passed in the Senate (38 to 0) on October 29, 2007, 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. [Vote Details and Comments]
Received in the House on October 29, 2007.
- Substitute offered in the House on October 30, 2007. The substitute passed in the House by voice vote on October 30, 2007.
- Amendment offered by Rep. Paul Condino (D) and Rep. Tonya Schuitmaker (R) on October 30, 2007, to clarify definitions in the bill so the language of the amended law is internally consistent. The amendment passed in the House by voice vote on October 30, 2007.
- Amendment offered by Rep. Paul Condino (D) and Rep. Tonya Schuitmaker (R) on October 30, 2007, to clarify a reference in the bill so the language of the amended law is internally consistent. The amendment passed in the House by voice vote on October 30, 2007.
Passed in the House (92 to 17) on October 30, 2007, to concur with the Senate-passed version of the bill, with two non-substantive amendments . [Vote Details and Comments]
Received in the Senate on October 30, 2007.
Passed in the Senate (36 to 0) on November 1, 2007, to concur with the House-passed version of the bill. [Vote Details and Comments]
Signed by Gov. Jennifer Granholm on November 12, 2007.

Most Recent Comments

1) so, if we have this law... [by Anonymous Citizen on May 29, 2008]
why do we need to release MORE prisoners?

because we have more prisoners in jail. remember, all the state has to do to eliminate overcrowding due to STUPID LAWS is REPEAL THOSE STUPID LAWS.

it's really that easy.

other states can do it, but WE CAN'T.

that says a lot for the intelligence level.
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2) It's a year later [by Anonymous Citizen on May 28, 2008]
Okay, so last year they passed this law that said when the prison population got too high they would release the people, starting with the ones that were non violent and did things as horrific as falling behind on they're child support payments...the shame!
I kind of wonder why judges were putting people in jail for that any way. I mean if you already can't make you child support payments, I don't see how losing you job as you go off to serve a sentence could possibly help that. But now a year after the law took effect, it doesn't look like the streets are lined up with criminals any more or any less than before. In fact this law was supported by well a host of Judges, Sheriffs, Undersheriffs, the list goes on. In fact the only judges that seem to have opposed was Judge Lisa L. Asadoorian, and Judge Diane Dickow D’Agostini...great job girls! way to uphold the precepts of freedom!
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3) Say What [by Anonymous Citizen on October 31, 2007]
"but are not in for assaultive or sex crimes, serious drug crimes, or drunk driving"

So you have a few beers and an overzealous donut eater sees your tailight out and you get into the system and now you are the same as a rapist or a guy who thumps on his wife? Maybe if one of these so called cops had their wife or daughter meet up with one of these rapists then they would be able to tell the difference between a guy that had a few beers and a criminal.
Protect and Serve... My A$$!
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