In The News

In The News

Friday, May 18, 2012


By Michael Nichols
Categories: Josh Covert

Governor Snyder recently signed Public Act 136 of 2012 which now allows all municipalities to collect reimbursement from inmates for the cost of their incarceration.  The bill amends MCL 801.312 which had allowed only municipalities in Kent, Wayne, Oakland and Macomb counties to collect reimbursement from inmates. 

All municipalities are now able to collect up to $60 per day for the expenses of incarceration.  The inmates can be billed by the municipality and if not paid upon release the reimbursement may be one of the probation requirements.  This bill will not apply to all inmates.  Those who are held in jail before trial and later found not guilty will not be required to reimburse the municipality.  Likewise, those inmates who are indigent will also not be required to pay.  Collection methods are limited and municipalities are not allowed to file a lien on an inmate’s primary residence.  
Participation will also be optional as the municipalities are not required to collect the reimbursement.   It is expected though that most municipalities will seek to collect the reimbursement.  Opponents of the bill suggest that financial obligations will create obstacles preventing the inmate’s successful assimilation back into society.  It is also suggested that the cost of resources used to collect the fees such as administrative and investigative costs may actually outweigh any fees collected.
“The bill signed by Governor Snyder presents yet another reason why defendants should seek to avoid jail time” says attorney Joshua Covert. Covert also warns that “the new bill may overburden some of the already overcrowded jail facilities by placing inmates back in jail for failing to comply with the probation condition of paying back the cost of incarceration.”  If you have been charged with a crime and face incarceration call an attorney who is committed to protecting your rights.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.