[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-9-2006 by Ord.
No. 06-02]
A.
The Charter Township of Huron ("Township") may seek reimbursement
from any person who is or was a convicted inmate in a Township jail,
or in a county jail, or any other jail facility, for expenses incurred
by the Township in relation to the incarceration of that person, as
follows:
(1)
Not more than $60 per day for the expenses of maintaining that inmate,
or the actual per diem cost of maintaining that inmate, whichever
is less, for the entire period of time the inmate was confined to
the Township jail, county jail, or any other jail facility, including
any period of pretrial detention.
(2)
The per-day cost charged to the Township by a city, county, or any
other jail facility for housing the inmate in that jail, or any other
jail facility, but not more than $60 per day, for the entire period
during which the inmate was housed in that facility.
(3)
The cost of providing medical treatment, prescription drugs, dental
care, and other medical examinations or procedures.
(4)
The cost to investigate the financial status of the person.
(5)
Any other expenses incurred by the Township to collect payments under
this article, including, but not limited to, administrative costs
for searching for collectible assets of the inmate, and reasonable
attorney fees and count costs.
B.
Reimbursement under this article may be ordered as a probation condition
entered pursuant to Section 3 of Chapter XI of the Code of Criminal
Procedure, 1927 PA 175, MCLA § 771.3.
C.
Before seeking any reimbursement under this article, the Township
shall develop a form to be used for determining the financial status
of inmates. The form shall provide for obtaining the age and marital
status of an inmate, number and ages of children of an inmate, number
and ages of other dependents, type and value of real estate, type
and value of personal property, cash and bank accounts, type and value
of investments, pensions and annuities, and any other personality
of significant cash value. The form shall be completed and submitted
at the time that the inmate is adjudged guilty, or pleads guilty,
or no contest, and such plea is accepted by the court. The Township
shall use the form when investigating the financial status of inmates.
At, and in accordance with, the request of the Township Board, the Chief of Police shall forward to the Township Board a list containing the name of each sentenced inmate and each pretrial detainee whose prosecution resulted in conviction from whom reimbursement may be sought under § 323-1, the term of sentence or the period of pretrial detention, and the date of admission to the Township jail, or county jail, or any other jail facility, together with information regarding the financial status of each inmate, as required by the Township Board.
A.
An inmate in the Township jail, county jail, or other jail facility
shall cooperate with the Township in seeking reimbursements under
this article for expenses incurred by the Township for that inmate.
B.
An inmate who willfully refuses to cooperate as provided in Subsection A shall not receive a reduction in his or her term under Section 7 of 1962 PA 60, MCLA § 801.257. If an inmate is ordered to reimburse the Township under this article as a probation condition entered pursuant to Section 3 of Chapter XI of the Code of Criminal Procedure, 1927 PA 175, MCLA § 771.3, the inmate is subject to probation revocation as provided in Section 4 of Chapter XI of the Code of Criminal Procedure, 1927 PA 175, MCLA § 771.4.
The Township Board may investigate or cause to be investigated all the reports under § 323-2, furnished by the Chief of Police, for the purpose of securing reimbursement as provided for under this article.
A.
Within 12 months after the release from the Township jail, county jail, or other jail facility of a sentenced inmate or a pretrial detainee whose prosecution resulted in conviction, an attorney for the Township may file a civil action to seek reimbursement from that person for maintenance and support of that person while he or she was confined to the jail, for costs charged to the Township by a county for housing that person in a county jail, or for costs charged to the Township by any other entity for housing that person in any other jail facility, and for any other expense for which the Township may be reimbursed under § 323-1, as provided in this section and §§ 323-6 through 323-8. The Township may also commence an action for reimbursement in Small Claims Court.
B.
A civil action brought under this article shall be instituted in
the name of the Township and shall state the following, as applicable:
C.
Before entering any order on behalf of the Township against the defendant,
the court shall take into consideration any legal obligation of the
defendant to support a spouse, minor children, or other dependents
and any moral obligation to support dependents to whom the defendant
is providing or has in fact provided support.
A.
Consistent with § 323-5, the Township may file the civil action in the District Court to recover a money judgment and to enforce that judgment in the same manner as other money judgments entered by the District Court. If the defendant is still an inmate in the Township jail, county jail, or other jail facility, or is a prisoner in a state correctional facility, venue in a district of the first class is proper in the county where the Township jail, county jail, or other jail facility, or where the state correction facility is located and in a district of the second or third class is proper in the judicial district where the Township jail, county jail, or other jail facility, or where the state correction facility is located.
B.
If necessary to protect the Township's right to obtain reimbursement
under this article against the disposition of known property, the
Township, in accordance with rules of the Supreme Court of this state,
may seek issuance of an ex parte restraining order to restrain the
defendant from disposing of the property pending a hearing on an order
to show cause why the particular property should not be applied to
reimbursement of the Township for the maintenance and support of the
defendant as an inmate.
C.
To protect and maintain the property pending resolution of the matter,
upon request, the court may appoint a receiver. The cost of the receiver
shall be paid for by the inmate.
The Township shall not enforce any judgment obtained under this
article by means of execution against the homestead of the defendant.
The sentencing judge and the sheriff of any county in which
an inmate's property is located shall furnish to the attorney
for the Township all information and assistance possible to enable
the attorney to secure reimbursement for the Township under this article.
The reimbursements secured under this article shall be credited
to the general fund of the Township to be available for general fund
purposes. The Township Treasurer may determine the amount due the
Township under this article and render sworn statements thereof. These
sworn statements shall be considered prima facie evidence of the amount
due.
[Adopted 6-8-2011 by Ord.
No. 11-01]
The following words, terms and phrases, when used in this article
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The use of an authorized vehicle for transportation, or transportation
and treatment, on an emergency basis, of patients.
A condition or situation in which an individual declares
a need for immediate medical attention, or where such need is declared
by emergency medical personnel or a public safety official.
Any person held in custody, confined or incarcerated by the
Township, including but not limited to individuals who are:
Under arrest;
Incarcerated;
Imprisoned;
Escaped from confinement;
Under supervised release;
On medical furlough;
Residing in a mental health facility or halfway house;
Living under home detention; or
Confined completely or partially in any way under a penal statute
or rule.
Individuals who are in custody shall be solely responsible for
the payment of any medical services rendered to, and received by,
that individual during the course of his or her confinement with the
Township, or at the Township's or court's direction, including
without limitations, transportation by ambulance service or otherwise,
to and from a medical treatment facility, and any treatment deemed
necessary by his or her treating physician, whether or not requested
by the individual in custody and shall be required to reimburse the
Township, in full for any fees or charges incurred for such services,
if not paid directly to medical facility or practitioner by the individual
in custody or his or her insurance carrier.
