Mich. Comp. Laws » Michigan Compiled Laws / Chapter 800 / Act 253 of 1935
Michigan Compiled Laws

Mich. Comp. Laws § 800.401a (2026)

Definitions.

✓ current as of July 2026
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THE STATE CORRECTIONAL FACILITY REIMBURSEMENT ACT


Act 253 of 1935


800.401a Definitions.

Sec. 1a.

    As used in this act:

    (a) "Assets" means property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker's compensation, veteran's compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from any other source whatsoever, but does not include any of the following:

    (i) The homestead of the prisoner up to $50,000.00 in value.

    (ii) Money saved by the prisoner from wages and bonuses paid the prisoner while he or she was confined to a state correctional facility.

    (b) "Cost of care" means the cost to the department for providing transportation, room, board, clothing, security, medical, and other normal living expenses of prisoners, and the cost to the department for providing college-level classes or programs to prisoners, as determined by the department.

    (c) "Department" means the department of corrections of this state.

    (d) "Director" means the director of the department.

    (e) "Prisoner" means any person who is under the jurisdiction of the department and is either confined in any state correctional facility or is under the continuing jurisdiction of the department.

    (f) "State correctional facility" means a facility or institution which houses a prisoner population under the jurisdiction of the department. State correctional facility includes a correctional camp, community correction center, state prison, and a state reformatory.

History: Add. 1984, Act 282, Imd. Eff. Dec. 20, 1984 ;-- Am. 1996, Act 286, Imd. Eff. June 17, 1996

Constitutionality Notes:

    The Prison Reimbursement Act was intended to apply to all inmates of the state penal system and was not limited to the inmates of the three penal institutions named in the act and in existence at the time of its passage; nor is the act violative of the constitutional guarantee of equal protection. State Treasurer v Wilson, 423 Mich 138; 347 NW2d 770 (1985).

Notes of Decisions
Cited in 13 cases, 1996–2016 · leading case: State Treasurer v. Schuster, 572 N.W.2d 628 (Mich. 1998).
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State Treasurer v. Schuster, 572 N.W.2d 628 (Mich. 1998). · cites it 7× “§ 800.401a; M.S.A. § 28.1701(1) (emphasis added).”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). · cites it 6× “” MCL 800.401a(a). Thus, proceeds a prisoner is due from a life insurance policy are considered an asset for purposes of the SCFRA.”
State Treasurer v. Abbott, 660 N.W.2d 714 (Mich. 2003). · cites it 2× “§ 800.401a. It is not disputed that the trial court's order was proper under the SCFRA.”
State Treasurer v. Schuster, 547 N.W.2d 332 (Mich. Ct. App. 1996). · cites it 3× “While the scfra allows the state to seek reimbursement from a prisoner’s "pension benefits,” MCL 800.401a(a); MSA 28.1701(l)(a), the psera, specifically protects a public school employee’s retirement allowance from legal process.”
State Treasurer v. Gardner, 564 N.W.2d 51 (Mich. Ct. App. 1997). · cites it 2× “§ 800.401a(a); M.S.A. § 28.1701(1)(a). By contrast, M.”
State Treasurer v. Sheko, 553 N.W.2d 654 (Mich. Ct. App. 1996). · cites it 2× “e act defines “assets” as any “property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, previously…”
State Treasurer v. Abbott, 640 N.W.2d 888 (Mich. Ct. App. 2002). “MCL 800.401a(a), 800.404. n. the erisa a.”
Gale v. Gen. Motors, 556 F. Supp. 2d 689 (E.D. Mich. 2008). · cites it 2× “00 per month which it asserted was an asset, as defined by SCFRA, MCL § 800.401a(a). On September 5, 2003, Plaintiff was served with the State Treasurer’s Summons and Complaint and the *695 Cheboygan County Circuit Court’s Order to Show Cause.”
State Treasurer v. Matthew I Chauncey 811327 (Mich. Ct. App. 2016). · cites it 3× “” MCL 800.401a(a). Under this broad definition, “proceeds a prisoner is due from a life insurance policy are considered an asset for purposes of the SCFRA.”
State Treasurer v. Bradley Bences (Mich. Ct. App. 2016). · cites it 2× “The statute defines “assets” to mean “property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, .”
Michigan State Treasurer v. Terry D Altman (Mich. Ct. App. 2015). · cites it 2× “MCL 800.401a(a) defines “assets” as follows: “Assets” means property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation,…”
William Beckwith v. State Treasurer (Mich. Ct. App. 2016). “” MCL 800.401a(a). Beckwith first argues that he was statutorily entitled to retain 10 percent of his assets.”
Show all 13 citing cases →
— Mich. Comp. Laws § 800.401a(a) — 10 cases
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “” MCL 800.401a(a). Thus, proceeds a prisoner is due from a life insurance policy are considered an asset for purposes of the SCFRA.”
State Treasurer v. Schuster, 547 N.W.2d 332 (Mich. Ct. App. 1996). “While the scfra allows the state to seek reimbursement from a prisoner’s "pension benefits,” MCL 800.401a(a); MSA 28.1701(l)(a), the psera, specifically protects a public school employee’s retirement allowance from legal process.”
State Treasurer v. Gardner, 564 N.W.2d 51 (Mich. Ct. App. 1997). “§ 800.401a(a); M.S.A. § 28.1701(1)(a). By contrast, M.”
State Treasurer v. Sheko, 553 N.W.2d 654 (Mich. Ct. App. 1996). “e act defines “assets” as any “property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, previously…”
State Treasurer v. Abbott, 640 N.W.2d 888 (Mich. Ct. App. 2002). “MCL 800.401a(a), 800.404. n. the erisa a.”
— Mich. Comp. Laws § 800.401a(a)(i) — 4 cases
State Treasurer v. Schuster, 572 N.W.2d 628 (Mich. 1998). “§ 800.401a; M.S.A. § 28.1701(1) (emphasis added).”
State Treasurer v. Schuster, 547 N.W.2d 332 (Mich. Ct. App. 1996). “While the scfra allows the state to seek reimbursement from a prisoner’s "pension benefits,” MCL 800.401a(a); MSA 28.1701(l)(a), the psera, specifically protects a public school employee’s retirement allowance from legal process.”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “” MCL 800.401a(a). Thus, proceeds a prisoner is due from a life insurance policy are considered an asset for purposes of the SCFRA.”
State Treasurer v. Bradley Bences (Mich. Ct. App. 2016). “The statute defines “assets” to mean “property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, .”
— Mich. Comp. Laws § 800.401a(b) — 2 cases
State Treasurer v. Sheko, 553 N.W.2d 654 (Mich. Ct. App. 1996). “e act defines “assets” as any “property, tangible or intangible, real or personal, belonging to or due a prisoner or former prisoner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, previously…”
People v. McCaa, 751 N.W.2d 31 (Mich. 2008).
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