Michigan Laws 801.317 – Civil action; filing; considerations
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 801.317
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Municipality: means any city, village, or township. See Michigan Laws 801.312
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Within 12 months after the release from a municipal or county jail of a sentenced inmate or a pretrial detainee whose prosecution resulted in conviction, an attorney for a municipality may file a civil action to seek reimbursement from that person for maintenance and support of that person while he or she is or was confined in the jail, for costs charged to the municipality by a county for housing that person in the county jail, and for any other expense for which the municipality may be reimbursed under section 3, as provided in this section and section 8 to 10.
(2) A civil action brought under this act shall be instituted in the name of the municipality and shall state the following, as applicable:
(a) In the case of an inmate sentenced to the municipal 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 municipality pursuant to section 3.
(b) In the case of a person imprisoned as a pretrial detainee on a charge or charges that resulted in conviction, the length of pretrial detention and the amount or amounts due to the municipality pursuant to section 3.
(3) Before entering any order on behalf of the municipality 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.