Proposed by State Sen. Laura M. Toy, R-Livonia the law was signed into effect by Gov. Jennifer Granholm on April 5, 2006.
The law only affects municipalities with populations exceeding one million residents. Neither is it a new development. For years state law has allowed county jails to seek reimbursement. City jails are only now being included.
Reimbursement charges will target the cost of medical treatment, examinations, dental care and prescription drugs. Prisoners? financial status will be investigated and the court may invoke liens against real estate, personal property, cash accounts ?and any other possessions of significant cash value.? Only a defendant?s homestead is excluded from attachment by the bill.
The municipality is entitled to seek an ex parte restraining order to prevent a defendant from disposing of property before it is attached.
Prisoners who fail to cooperate with a court?s investigation of his or her assets forfeits any entitlement to a sentence reduction. Failure to pay incarceration costs can result in the revocation of probation.
?I concur with this [law],? said Southfield Police Chief Joseph. Thomas. ?We have to let people know whenever possible, they?re going to pay the cost of incarceration.?
The law only applies to prisoners who are eventually convicted.
Source: The Detroit News
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login