|
|
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.
Jcovert@nicholslaw.net