§ 2-798. Inmate reimbursement.

(a)

The city may seek reimbursement from any person who is or was a convicted inmate in the city jail or in a county jail for expenses incurred by the city in relation to the incarceration of that person as follows:

(1)

Not more than the maximum amount as permitted by state law 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 in the city jail, including any period of pretrial detention.

(2)

The per day cost charged to the city by a county for housing the inmate in that county's jail, but not more than $60.00 per day, for the entire period during which the inmate was housed in that county's jail.

(3)

The cost of providing medical treatment, prescription drugs, dental care, and other medical examinations or procedures.

(4)

To investigate the financial status of the person.

(5)

Any other expenses incurred by the city to collect payments under Public Act No. 88 of 2006 (MCL 801.311 et seq.

(b)

Reimbursement may be ordered as a probation condition entered pursuant to section 3 of chapter XI of the code of criminal procedure, that being MCL 771.3.

(c)

The chief of police shall forward to the city administrator, who shall forward to the city council such information as it shall request, 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 section 3, the term of sentence or the period of pretrial detention, and the date of admission to the city jail or a county jail, together with information regarding the financial status of each inmate, as required by the city administrator or city council.

(d)

An inmate in the city or county jail shall cooperate with the city in seeking reimbursement under this section for expenses incurred by the city for that inmate. An inmate who willfully refuses to cooperate shall not receive a reduction in his term under section 7 of Public Act No. 60 of 1962 (MCL 801.257). If an inmate is ordered to reimburse the municipality under this act as a probation condition entered pursuant to section 3 of chapter XI of the code of criminal procedure, Public Act No. 175 of 1927 (MCL 771.3), the inmate is subject to probation revocation as provided in section 4 of chapter XI of the code of criminal procedure, Public Act No. 175 of 1927 (MCL 771.4). The city council, or the city administrator, may investigate or cause to be investigated all the reports furnished by the police chief for the purpose of securing reimbursement as provided for under this section.

(e)

Within 12 months after the release from a city or county jail of a sentenced inmate or a pretrial detainee whose prosecution resulted in conviction, the city attorney may file a civil action to seek reimbursement from that person for maintenance and support of that person while he is or was confined in the jail, for costs charged to the city by a county for housing that person in the county jail, and for any other expense for which the city may be reimbursed under section 3 of chapter XI of the code of criminal procedure, as provided in this article. A civil action brought under Public Act No. 88 of 2006 (MCL 801.311 et seq., shall be instituted in the name of the city and shall state the following, as applicable:

(1)

In the case of an inmate sentenced to the city or county jail, the date and place of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the city pursuant to section 3 of chapter XI of the code of criminal procedure.

(2)

In the case of a person imprisoned as a pretrial detainee on a charge that resulted in conviction, the length of pretrial detention and the amount due to the city pursuant to section 3 of chapter XI of the code of criminal procedure.

(3)

Before entering any order on behalf of the city 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.

(4)

The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for maintenance and support of the defendant as an inmate and for other expenses reimbursable under section 3 of chapter XI of the code of criminal procedure.

(f)

The city 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 as follows:

(1)

If the defendant is still an inmate in the city jail or county jail or is a prisoner in a state correctional facility, venue in a district of the first class property in the county where the city jail, county jail or state correctional facility is located and in a district of the second or third class is proper in the judicial district where the city jail, county jail, or state correctional facility is located.

(2)

If necessary to protect the city's right to obtain reimbursement under Public Act No. 88 of 2006 (MCL 801.311 et seq., against the disposition of known property, the municipality, 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 municipality for the maintenance and support of the defendant as an inmate.

(3)

To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.

(4)

The city shall not enforce any judgment obtained under Public Act No. 88 of 2006 (MCL 801.311 et seq., by means of execution against the homestead of the defendant.

(g)

The sentencing judge and the sheriff of any county in which an inmate's property is located shall furnish to the city attorney all information and assistance possible to enable the city attorney to secure reimbursement for the municipality under this section.

(h)

The city council hereby delegates any ministerial duties required of the city council under this section to the city administrator.

(Ord. No. 2006-09, § 1, 11-14-2006)

State law reference

Inmate reimbursement to municipalities act, MCL 801.311 et seq.