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

Mich. Comp. Laws § 800.404

Exclusive jurisdiction of circuit court; complaint; order to show cause; hearing; order requiring reimbursement; amount; obligation of defendant to support dependents; neglect or refusal to comply with order; contempt; liability of assets; time limitations.

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THE STATE CORRECTIONAL FACILITY REIMBURSEMENT ACT


Act 253 of 1935


800.404 Exclusive jurisdiction of circuit court; complaint; order to show cause; hearing; order requiring reimbursement; amount; obligation of defendant to support dependents; neglect or refusal to comply with order; contempt; liability of assets; time limitations.

Sec. 4.

    (1) The circuit court shall have exclusive jurisdiction over all proceedings under this act. The attorney general may file a complaint in the circuit court for the county from which a prisoner was sentenced, stating that the person is or has been a prisoner in a state correctional facility, that there is good cause to believe that the prisoner has assets, and praying that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the cost of care of the person as a prisoner.

    (2) Upon the filing of the complaint under subsection (1), the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order shall be served upon the prisoner personally or, if the prisoner is confined in a state correctional facility, by registered mail addressed to the prisoner in care of the chief administrator of the state correctional facility where the prisoner is housed, at least 30 days before the date of hearing on the complaint and order.

    (3) At the time of the hearing on the complaint and order, if it appears that the prisoner has any assets which ought to be subjected to the claim of the state under this act, the court shall issue an order requiring any person, corporation, or other legal entity possessed or having custody of those assets to appropriate and apply the assets or a portion thereof toward reimbursing the state as provided for under this act.

    (4) The amount of reimbursement under this act shall not be in excess of the per capita cost of care for maintaining prisoners in the state correctional facility in which the prisoner is housed.

    (5) At the hearing on the complaint and order and before entering any order on behalf of the state 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.

    (6) If the person, corporation, or other legal entity shall neglect or refuse to comply with an order under subsection (3), the court shall order the person, corporation, or other legal entity to appear before the court at such time as the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.

    (7) If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings under this act, the assets shall be liable for those costs upon order of the court.

    (8) The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care of the prisoner during the entire period or periods the person is a prisoner in a state correctional facility. The state may commence proceedings under this act until the prisoner has been finally discharged on the sentence and is no longer under the jurisdiction of the department.

History: 1935, Act 253, Imd. Eff. June 8, 1935 ;-- CL 1948, 800.404 ;-- 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 27 cases (1 in the last 5 years), 1981–2024 · leading case: State Treasurer v. Schuster
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State Treasurer v. Schuster (1998) mich · cites it 6× “The act further directs: At the time of the hearing on the complaint and order, if it appears that the prisoner has any assets which ought to be subjected to the claim of the state under this act, the court shall issue an order requiring any person, corporation, or other legal…”
State Treasurer v. Wilson (1985) mich · cites it 4× “" MCL 800.404; MSA 28.1704. Section 4a states [t]hat upon admission to any state penal institution *143 the attorney general may file a claim for future maintenance and support of such prisoner with the court from which said prisoner was sentenced, and thereupon the court may…”
State Treasurer v. Snyder (2011) michctapp · cites it 7× “See MCL 800.404(1). Defendant responded to plaintiffs complaint by filing a disclaimer of property interest pursuant to the Disclaimer of Property Interests Law (DPIL), MCL 700.”
State Treasurer v. Abbott (2003) mich · cites it 2× “§ 800.404(3). The statute defines "assets" to include "income or payments to such prisoner from .”
Leonard G. Tillman v. Lebanon County Correctional Facility Robert L. Raiger, Warden (2000) ca3 “7 (1); Mich. Comp. Laws Ann. § 800.404 (8); Minn.”
State Treasurer v. Wilson (1986) michctapp · cites it 3× “However, we must be careful not to unduly restrict the ability of the Legislature to *82 function by declaring a statute void where the legislative intent can be discerned through application of judicial rules of construction.”
Waters v. Bass (2004) vaed “7 (1); Mich. Comp Laws § 800.404(8) (2003). Other state statutes allow for deductions from an inmate’s wages in order to recover a portion of the costs of incarceration.”
State Treasurer v. Schuster (1996) michctapp “893(156)(4)-(6) (alimony, child support, or an eligible domestic relations order); MCL 800.404(5); MSA 28.1704(5) (requiring court to consider the scfra defendant’s legal obligations to support a spouse, minor children, or other dependents and any moral obligation to provide…”
Abbott v. Michigan (2007) ca6 “Mich. Comp. Laws § 800.404 . On March 10, 1997, the Clinton County Circuit Court entered an order against Abbott stating, in part: ' Defendant Thomas K.”
State Treasurer v. Gardner (1997) michctapp · cites it 2× “§ 800.404; M.S.A. § 28.1704. However, the circumstances in Lawrence are distinguishable from those in the instant case.”
Daimlerchrysler Corp. v. Cox (2006) ca6 “Mich. Comp. Laws § 800.404 (1). The court, after considering any legal or moral obligations of the prisoner to support any dependents, may order the prisoner to reimburse the state for the costs of incarceration in an amount up to 90% of the prisoner’s assets.”
State Treasurer v. Wilson (1984) michctapp “Upon reading the act as a whole, we find that it clearly limits its effects to the three penal institutions it mentions, which were the only state penal institutions in operation at the time of the statute’s enactment.”
Show all 27 citing cases →
— Mich. Comp. Laws § 800.404(1) — 6 cases
State Treasurer v. Snyder (2011) michctapp “See MCL 800.404(1). Defendant responded to plaintiffs complaint by filing a disclaimer of property interest pursuant to the Disclaimer of Property Interests Law (DPIL), MCL 700.”
State Treasurer v. David M Duty (2016) michctapp
State Treasurer v. Chantaz M Swoope (2016) michctapp
State Treasurer v. Bradley Bences (2016) michctapp
State Treasurer v. Randall Raar 177223 (2024) michctapp
— Mich. Comp. Laws § 800.404(2) — 6 cases
State Treasurer v. Snyder (2011) michctapp “See MCL 800.404(1). Defendant responded to plaintiffs complaint by filing a disclaimer of property interest pursuant to the Disclaimer of Property Interests Law (DPIL), MCL 700.”
State Treasurer v. Chantaz M Swoope (2016) michctapp
State Treasurer v. Bradley Bences (2016) michctapp
State Treasurer v. Randall Raar 177223 (2024) michctapp
State Treasurer v. Wigger (2020) miwd
— Mich. Comp. Laws § 800.404(3) — 8 cases
State Treasurer v. Abbott (2003) mich “§ 800.404(3). The statute defines "assets" to include "income or payments to such prisoner from .”
State Treasurer v. Schuster (1998) mich “The act further directs: At the time of the hearing on the complaint and order, if it appears that the prisoner has any assets which ought to be subjected to the claim of the state under this act, the court shall issue an order requiring any person, corporation, or other legal…”
State Treasurer v. Snyder (2011) michctapp “See MCL 800.404(1). Defendant responded to plaintiffs complaint by filing a disclaimer of property interest pursuant to the Disclaimer of Property Interests Law (DPIL), MCL 700.”
Gale v. General Motors (2008) mied
State Treasurer v. Bradley Bences (2016) michctapp
— Mich. Comp. Laws § 800.404(5) — 11 cases
State Treasurer v. Schuster (1998) mich “The act further directs: At the time of the hearing on the complaint and order, if it appears that the prisoner has any assets which ought to be subjected to the claim of the state under this act, the court shall issue an order requiring any person, corporation, or other legal…”
State Treasurer v. Snyder (2011) michctapp “See MCL 800.404(1). Defendant responded to plaintiffs complaint by filing a disclaimer of property interest pursuant to the Disclaimer of Property Interests Law (DPIL), MCL 700.”
State Treasurer v. Schuster (1996) michctapp “893(156)(4)-(6) (alimony, child support, or an eligible domestic relations order); MCL 800.404(5); MSA 28.1704(5) (requiring court to consider the scfra defendant’s legal obligations to support a spouse, minor children, or other dependents and any moral obligation to provide…”
State Treasurer v. Sheko (1996) michctapp
State Treasurer v. Chantaz M Swoope (2016) michctapp
— Mich. Comp. Laws § 800.404(7) — 2 cases
In re Wigger (2018) miwb
Wigger v. State Treasurer (In re Wigger) (2019) miwb
— Mich. Comp. Laws § 800.404(8) — 3 cases
Waters v. Bass (2004) vaed “7 (1); Mich. Comp Laws § 800.404(8) (2003). Other state statutes allow for deductions from an inmate’s wages in order to recover a portion of the costs of incarceration.”
State Treasurer v. Sheko (1996) michctapp
State Treasurer v. Randall Raar 177223 (2024) michctapp
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