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

Mich. Comp. Laws § 800.403 (2026)

Investigation by attorney general; securing reimbursement for cost of care; limitation.

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


Act 253 of 1935


800.403 Investigation by attorney general; securing reimbursement for cost of care; limitation.

Sec. 3.

    (1) The attorney general shall investigate or cause to be investigated all reports furnished under section 2.

    (2) If the attorney general upon completing the investigation under subsection (1) has good cause to believe that a prisoner has sufficient assets to recover not less than 10% of the estimated cost of care of the prisoner or 10% of the estimated cost of care of the prisoner for 2 years, whichever is less, the attorney general shall seek to secure reimbursement for the expense of the state of Michigan for the cost of care of that prisoner.

    (3) Not more than 90% of the value of the assets of the prisoner may be used for purposes of securing costs and reimbursement under this act.

History: 1935, Act 253, Imd. Eff. June 8, 1935 ;-- CL 1948, 800.403 ;-- Am. 1984, Act 282, Imd. Eff. Dec. 20, 1984

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 18 cases, 1985–2020 · 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 10× “§ 800.403; M.S.A. § 28.1703. [4] In its complaint, the *634 state alleged that it has already expended approximately $22,000 for Schuster's care and would continue to expend money for the duration of his incarceration.”
State Treasurer v. Sprague, 772 N.W.2d 452 (Mich. Ct. App. 2009). · cites it 4× “See MCL 800.403. Plaintiff brought this action against Sprague and the credit union, seeking SCFRA reimbursement from Sprague's pension benefits.”
State Treasurer v. Wilson, 377 N.W.2d 703 (Mich. 1985). · cites it 2× “MCL 800.403; MSA 28.1703 states: The auditor general shall investigate or cause to be investigated all such reports furnished by said wardens for the purpose of securing reimbursement for the expense of the state of Michigan for the care, custody and control of said prisoners.”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). · cites it 2× “” MCL 800.403(2). After a complaint against the prisoner has been filed seeking reimbursement, “the court shall issue an order to show cause why the prayer of the complainant should not be granted.”
Daimlerchrysler Corp. v. Cox, 447 F.3d 967 (6th Cir. 2006). · cites it 2× “Mich. Comp. Laws § 800.403 (3). A prisoner’s assets include his pension benefits.”
State Treasurer v. Gardner, 564 N.W.2d 51 (Mich. Ct. App. 1997). · cites it 2× “§ 800.403; M.S.A. § 28.1703. The SCFRA defines assets as "property, tangible or intangible, real or personal, belonging to or due a prisoner .”
People v. Houston, 604 N.W.2d 706 (Mich. Ct. App. 2000). “MCL 800.403—800.404; MSA 28.1703—28.1704, see also State Treasurer v Cuellar, 190 Mich App 464, 466-467 ; 476 NW2d 644 (1991).”
State Treasurer v. Cuellar, 476 N.W.2d 644 (Mich. Ct. App. 1991). “Pertinent portions of MCL 800.403(2); MSA 28.1703(2) provide:. If the attorney general .”
State Treasurer v. Gardner, 583 N.W.2d 687 (Mich. 1998). “[MCL 800.403(3); MSA 28.1703(3).] 4 The circuit court later denied reconsideration.”
Gale v. Gen. Motors, 556 F. Supp. 2d 689 (E.D. Mich. 2008). · cites it 4× “See Mich. Comp. Laws §§ 800.403 (3), 800.404.”
State Treasurer v. Sheko, 553 N.W.2d 654 (Mich. Ct. App. 1996). “401a(a); MSA 28.1701(l)(a), and “cost of care” as “the cost of the department of corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of prisoners under the jurisdiction of the department,” MCL 800.”
State Treasurer v. Wigger (W.D. Mich. 2020). · cites it 5× “” Mich. Comp. Laws § 800.403 (2). On December 8, 2015, following a “lengthy bench trial,” the Muskegon County Circuit Court determined that the State was entitled to recover some of its costs from Wigger’s individual retirement account (IRA) and from the proceeds of a judgment…”
Show all 18 citing cases →
— Mich. Comp. Laws § 800.403(2) — 4 cases
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “” MCL 800.403(2). After a complaint against the prisoner has been filed seeking reimbursement, “the court shall issue an order to show cause why the prayer of the complainant should not be granted.”
State Treasurer v. Cuellar, 476 N.W.2d 644 (Mich. Ct. App. 1991). “Pertinent portions of MCL 800.403(2); MSA 28.1703(2) provide:. If the attorney general .”
State Treasurer v. David M Duty (Mich. Ct. App. 2016).
State Treasurer v. Bradley Bences (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 800.403(3) — 7 cases
State Treasurer v. Schuster, 572 N.W.2d 628 (Mich. 1998). “§ 800.403; M.S.A. § 28.1703. [4] In its complaint, the *634 state alleged that it has already expended approximately $22,000 for Schuster's care and would continue to expend money for the duration of his incarceration.”
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “” MCL 800.403(2). After a complaint against the prisoner has been filed seeking reimbursement, “the court shall issue an order to show cause why the prayer of the complainant should not be granted.”
State Treasurer v. Gardner, 583 N.W.2d 687 (Mich. 1998). “[MCL 800.403(3); MSA 28.1703(3).] 4 The circuit court later denied reconsideration.”
State Treasurer v. Sheko, 553 N.W.2d 654 (Mich. Ct. App. 1996). “401a(a); MSA 28.1701(l)(a), and “cost of care” as “the cost of the department of corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of prisoners under the jurisdiction of the department,” MCL 800.”
State Treasurer v. Matthew I Chauncey 811327 (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 800.403(a) — 1 case
State Treasurer v. Sprague, 772 N.W.2d 452 (Mich. Ct. App. 2009). “See MCL 800.403. Plaintiff brought this action against Sprague and the credit union, seeking SCFRA reimbursement from Sprague's pension benefits.”
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