Township of Northville, MI Reimbursement for Prisoner Expenses

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Article III Reimbursement for Prisoner Expenses

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[Adopted 7-11-1991 as Ch. 9 of the Code of Ordinances]

§ 32-12 Purpose.

§ 32-13 Reimbursement of jail expenses.

§ 32-14 Reimbursement of medical expenses.

§ 32-15 Cooperation.

§ 32-16 Information from prisoner or person charged.

§ 32-17 Civil responsibility.

§ 32-18 Penalty.

§ 32-12 Purpose.

It is the intent and purpose of this article to provide for the reimbursement of certain expenses incurred by the Township in regard to prisoners held in the Township prison facilities or sentenced to the County jail for the purpose of protecting the public health, safety and welfare and fiscal integrity of the Township pursuant to Public Act 359 of 1947 (MCL 42.1 et seq.) and Public Act 246 or 1945 (MCL 41.181 et seq.).[1]

[1]

Editor's Note: Original Section 9.020, Reimbursement for Prisoner Expenses, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See MCL 801.82 for definition of "County jail."

§ 32-13 Reimbursement of jail expenses.

The Township may seek reimbursement for expenses incurred by the Township in relation to a charge or charges for which a person was sentenced to a County jail or held prior to arraignment or trial as follows:

From each person who is a prisoner not more than $30 per day for the expense of maintaining that prisoner or the actual per diem cost of maintaining that prisoner, whichever is less, for the entire period of time that the person was confined in the County jail, including any period of detention prior to trial or arraignment;

To investigate the financial status of persons held in the County jail to determine the ability of the persons to pay;

Any other expenses incurred by the Township in order to collect payments under this article.

§ 32-14 Reimbursement of medical expenses.

The Township may seek reimbursement for expenses incurred in providing medical care and treatment while in custody for persons charged under the state law or local ordinance from the following:

The prisoner or person charged; or

Insurance companies, health care corporations or other sources (if the prisoner or person charged is covered by an insurance policy), a certificate issued by a health care corporation or other source for those expenses.

§ 32-15 Cooperation.

A prisoner or person charged shall cooperate with the Township in seeking reimbursement for all jail or medical expenses incurred by the Township for or on behalf of the prisoner or person charged.

§ 32-16 Information from prisoner or person charged.

The following information shall be obtained from the prisoner or the person charged prior to seeking reimbursement of expenses:

Age;

Marital status;

Number and ages of children;

Number and ages of other dependents;

Type and value of real estate;

Type and value of personal property, including cash, bank accounts, investments, pensions, annuities and any other personal property of significant cash value; and

Health or other insurance coverage.

§ 32-17 Civil responsibility.

This article shall be construed to be a civil responsibility of the prisoner and shall not be construed to conflict with, contravene, enlarge or reduce any criminal liability or responsibility, including fines and costs which may be imposed by a judge under state law or this Code for a person found guilty of an offense.

A Judge may, however, order reimbursement of expenses of jail or medical attention as part of the costs otherwise imposed under state law or this Code for a prisoner found guilty of an offense.

If the medical or jail expenses are not reimbursed by the prisoner, either voluntarily or as part of any criminal sentence imposed, the Township may seek reimbursement by filing a civil suit in the district court.

§ 32-18 Penalty.

Any person who shall violate the provisions of § 32-15 of this article, or any other section of the article shall be responsible for a municipal civil infraction, subject to the following penalties:

The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular section:

(1)

First offense. The civil fine for a first offense violation shall be in the amount of not less than $150, plus costs and other sanctions, for each offense.

(2)

Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of not less than $300, plus costs and other sanctions for each offense.

In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of this article.

Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

Remedies not exclusive. In addition to any remedies provided for by the Code of the Charter Township of Northville, any equitable or other remedies available may be sought.

The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by the law.

A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.