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Sheriff Invokes Emergency Powers Act To Address Overcrowding At Houghton County Jail

The jail population in Houghton County must be reduced and the sheriff is taking steps to see that it happens.

Sheriff Brian McLean has invoked the Jail Overcrowding Emergency Powers Act to address overcrowding at the Houghton County Jail.

McLean advised county officials that the population has remained at or above 100 percent since January.

In the past, McLean says the population has grown above 100 percent but always managed to drop back down after several days.

The law indicates that a state of emergency may exist if the overcrowding persists for more than seven days.

McLean officially notified the county judges, prosecuting attorney, the board of commissioners and the county administrator on Friday.

McLean says he will work with all the officials to do whatever can be done to attempt to reduce the jail population.

Here is Sheriff McLean’s full statement on the notice, as well as copy of the law:

Sheriff Invokes Jail Overcrowding Emergency Powers Act

(HOUGHTON) Sheriff Brian McLean has advised county officials the Houghton County main jail is overcrowded and has advised them of the situation pursuant to the County Jail Overcrowding State of Emergency – Act 325 of 1982, MCL 801.52 (Copy attached).

“For most of the last part of January and all of February we have been at or over 100% full each day and no relief has come”, says Sheriff Brian McLean. “We’ve seen the population grow to and over 100% on many occasions, however it always managed to somehow drop back down below 100% in the past after several days or so but that is not happening now and pursuant to the Act we have send correspondence to the necessary officials named in the law last Friday afternoon. We will work with all the officials to do whatever we can to attempt to reduce the jail population.”

COUNTY JAIL OVERCROWDING STATE OF EMERGENCY (EXCERPT)

Act 325 of 1982

801.52 Certifying general prisoner population exceeds 100% of rated design capacity of county jail or percentage of rated design capacity set by court; duties of sheriff.

Sec. 2. If the general prisoner population of a county jail exceeds 100% of the rated design capacity of the county jail or a percentage of rated design capacity less than 100% as set by a court before February 8, 1983, for 7 consecutive days or for a lesser number of days as set by a court before February 8, 1983, the sheriff for that county shall certify that fact in writing, by first-class mail, personal delivery, or electronic communications, to the chief circuit judge, the chief district judge, and each municipal court judge in the county in which the county jail is located, the prosecuting attorney for the county, the chairperson of the county board of commissioners, and the county executive in a county in which a county executive is elected.

History:

1982, Act 325, Eff. Feb. 8, 1983;

Am. 2007, Act 140, Eff. Feb. 11, 2008.

Popular name:

Jail Overcrowding Emergency Powers Act

Rendered Friday, February 17, 2017

Page 1

Michigan Compiled Laws Complete Through PA 471 of 2016

Legislative Council, State of Michigan

Courtesy of www.legislature.mi.gov

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