[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 6-26-2006 by Ord. No. 06-05. Amendments noted where
applicable.]
A.
The Township of Grosse Ile ("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
Township jail, or county 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, including the
following fees to be assessed to and paid by any person utilizing
the services of the Township for providing or transporting for emergency
medical treatment:
[Amended 2-8-2016 by Ord.
No. 16-001]
(a)
Basic, emergency ambulance service: $600.
(b)
Basic, nonemergency ambulance service: $425.
(c)
Reimbursement for mileage: $14.
(d)
No transport: $150.
(e)
Reimbursement to Township for oxygen and supplies: $50.
(f)
Reimbursement to Township for C-Collar: $20.
(g)
Reimbursement to Township for combitube: $25.
(h)
Reimbursement to Township for defibrillator: $50.
(4)
To investigate the financial status of the person.
(5)
Any other expenses incurred by the Township to collect
payments under this chapter, including, but not limited to, administrative
costs for searching for collectible assets of the inmate, and reasonable
attorney fees and court costs.
B.
Reimbursement under this chapter 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 chapter,
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 personalty
of significant cash value. The Township shall use the form when investigating
the financial status of inmates.
At, and in accordance with, the request of the Township Board of Trustees, the Chief of Police shall forward to the Township Board of Trustees 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 § 135-1, the term of sentence or the period of pretrial detention, and the date of admission to the city 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 of Trustees.
A.
An inmate in a Township jail, county jail, or other
jail facility shall cooperate with the Township in seeking reimbursements
under this chapter 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 chapter 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 Board of Trustees may investigate or cause to be investigated all the reports under § 135-2 furnished by the Chief of Police for the purpose of securing reimbursement as provided for under this chapter.
A.
Within 12 months after the release from 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 § 135-1 as provided in this section and §§ 135-6 to 135-8. The Township may also commence an action for reimbursement in Small Claims Court.
B.
A civil action brought under this chapter 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 Section 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 chapter 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, 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 chapter 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 chapter.
The reimbursements secured under this chapter
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 chapter and render sworn statements
thereof. These sworn statements shall be considered prima facie evidence
of the amount due.
