HOUSE BILL No. 4784


     June 11, 1999, Introduced by Reps. Allen, Rick Johnson, Howell, Green, Caul, Mortimer,
Toy, Julian, Shackleton, Gilbert, Kowall, Voorhees, Gosselin, Faunce, Garcia, Vander Roest,
Bishop, Mead, Bradstreet, Tabor and Pappageorge and referred to the Committee on Criminal
Law and Corrections.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to allow for the operation of cer-
   tain facilities by private entities; to prescribe the powers and
   duties of certain other state departments and agencies; to pro-
   vide for the creation of a local lockup advisory board; to pre-
   scribe penalties for the violation of the provisions of this act;
   to make certain appropriations; to repeal certain parts of this
   act on specific dates; and to repeal all acts and parts of acts
   inconsistent with the provisions of this act,"

   by amending section 62b (MCL 791.262b), as amended by 1988

   PA 492.





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               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 62b.  (1) The rules and standards promulgated under

 2    section 62(3) shall not prohibit the housing of 2 inmates in a

 3    county jail cell which is designed and constructed for single

 4    occupancy and which meets  both  EITHER of the
             following

 5    conditions:

 6         (a) The  basic  cell is at least 65 square
             feet in area  . 

 7     (b) The cell  AND provides unrestricted access to
             a day area

 8    which is available for use by the inmates other than those

 9    inmates being disciplined.  The day area shall be available at

10    least 14 hours per day and shall contain an average of at least

11    20 additional square feet of space per inmate.

12         (B) THE CELL IS AT LEAST 55 SQUARE FEET IN AREA AND BOTH OF

13    THE 2 INMATES HOUSED IN THE CELL PARTICIPATE IN A DAY PAROLE PRO-

14    GRAM FOR NOT LESS THAN 32 HOURS PER WEEK.

15         (2) For purposes of housing inmates as provided for under

16    this section, the sheriff of the county shall develop and imple-

17    ment a classification system classifying the county jail popula-

18    tion according to all of the following:

19         (a) Behavior characteristics.

20         (b) Similar physical characteristics.

21         (c) Age.

22         (d) Type of crime committed and criminal history.

23         (e) Gender.

24         (3) The classification system under subsection (2) shall be

25    submitted to and approved by the department.  Any classification





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 1    system in effect on December 31, 1987  ,  shall
             continue in

 2    effect until changed as provided in this subsection.

 3         (4) A person who has no prior criminal convictions may only

 4    be housed with another inmate who does not have a prior felony

 5    conviction.

 6         (5) Cells in which 2 inmates are housed shall have doors

 7    which allow visual supervision, and inmates shall be under visual

 8    supervision at least every hour.

 9         (6) An inmate who is subject to section 33b(a) to (cc) 
             of

10     Act No. 232 of the Public Acts of 1953, being section
                       791.233b of

11     the Michigan Compiled Laws,  shall not be housed in
                       a cell with

12    another inmate as provided for under this section, unless the

13    sentencing judge authorizes the inmate for  such 
             THAT housing.

14         (7) If the state incurs any expense or is liable for damages

15    on any judgment for an action brought as the result of a county

16    housing 2 inmates in a cell as provided  for under 
             IN this sec-

17    tion, the county in which the action arose shall fully indemnify

18    the state for the expense or damages.

19         (8) No more than 75% of the total inmate population may be

20    housed 2 to a cell and pretrial inmates must be housed in sepa-

21    rate cell blocks or housing units from sentenced inmates.  In any

22    jail facility with 5 or more floors, pretrial inmates shall be

23    housed on separate floors from sentenced inmates.











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