Michigan Compiled Laws

Mich. Comp. Laws § 801.4 (2026)

Safekeeping and maintaining prisoners and persons charged with offense; charges and expenses; payment; medical care or treatment.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Revised Statutes of 1846


R.S. of 1846


801.4 Safekeeping and maintaining prisoners and persons charged with offense; charges and expenses; payment; medical care or treatment.

Sec. 4.

    (1) Except as provided in subsection (2) and sections 5 and 5a, all charges and expenses of safekeeping and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury, the accounts therefor being first settled and allowed by the county board of commissioners.

    (2) If medical care or treatment is provided to an individual described in subsection (1), the health care provider shall make a reasonable effort to determine whether that individual is covered by a health care policy, a certificate of insurance, or other source for the payment of medical expenses. If the county sheriff who has custody over the individual is aware that the individual is covered by any health care policy, certificate of insurance, or other source of payment, the sheriff shall provide that information to the health care provider. If the health care provider determines that the individual, at the time of admission or treatment, is a medicaid recipient or a beneficiary of any health care policy, certificate of insurance, or other source for the payment of some or all of those expenses, the health care provider shall first seek reimbursement from that source, subject to the terms and conditions of the applicable health care policy, certificate of insurance, or medicaid contract, before submitting those expenses to the county. When submitting an invoice to the county for the payment of medical expenses under this section, a health care provider shall provide a statement that the health care provider has made a reasonable effort to determine whether the individual was covered by a health care policy, certificate of insurance, or other source for the payment of medical expenses. A county may enter into agreements with health care providers to establish procedures for the submission of invoices for medical expenses under this section and the payment of those invoices.

History: R.S. 1846, Ch. 171 ;-- CL 1857, 6132 ;-- CL 1871, 8021 ;-- How. 9637 ;-- CL 1897, 2653 ;-- CL 1915, 2525 ;-- CL 1929, 17671 ;-- CL 1948, 801.4 ;-- Am. 1982, Act 16, Imd. Eff. Feb. 25, 1982 ;-- Am. 1984, Act 119, Imd. Eff. June 1, 1984 ;-- Am. 2006, Act 20, Imd. Eff. Feb. 9, 2006

Notes of Decisions
Cited in 11 cases, 1980–2015 · leading case: Univ. Emergency Servs., PC v. City of Detroit, 367 N.W.2d 344 (Mich. Ct. App. 1984).
Univ. Emergency Servs., PC v. City of Detroit, 367 N.W.2d 344 (Mich. Ct. App. 1984). · cites it 4× “The trial court held the county liable for the expenses of enforcing state law, citing MCL 801.4; MSA 28.1724, which provides: "Except as provided in section 5a, all charges and expenses of safekeeping, and maintaining prisoners and persons charged with an offense, shall be paid…”
Borgess Hosp. v. Berrien Cnty., 319 N.W.2d 354 (Mich. Ct. App. 1982). · cites it 2× “Borgess’s claim was brought under MCL 801.4; MSA 28.1724, which provides: "Sec.”
Wayne Cnty. v. Plymouth Charter Twp., 612 N.W.2d 440 (Mich. Ct. App. 2000). · cites it 2× “State law requires a county to pay the cost of housing inmates charged with or convicted of state laws, MCL 801.4; MSA 28.1724, and local ordinance violations when a first- or second-class district court has jurisdiction of the offense, MCL 801.”
Mudge v. MacOmb Cnty., 534 N.W.2d 539 (Mich. Ct. App. 1995). “MCL 801.4, 801.5a; MSA 28.1724, 28.1725(1).”
People v. Kramer, 358 N.W.2d 10 (Mich. Ct. App. 1984). · cites it 3× “This position, the prosecutor argues, is supported by MCL 801.4 et seq.; MSA 28.1724 et seq., which grants county boards of commissioners the right to seek reimbursement of such expenses from prisoners of county jails.”
St Mary's Hosp. v. Saginaw Cnty., 363 N.W.2d 32 (Mich. Ct. App. 1984). · cites it 3× “MCL 801.4; MSA 28.1724 provides: "Except as provided in section 5a, all charges and expenses of safekeeping, and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury, the accounts therefor being first settled and allowed by the county…”
Gaborik v. Rosema, 599 F. Supp. 1476 (W.D. Mich. 1984). “The Board •'of Commissioners provides necessary office supplies to the sheriff. M.C.L.A. § 45.405.”
City of Grand Rapids v. Kent Cnty., 292 N.W.2d 475 (Mich. Ct. App. 1980). · cites it 2× “Plaintiffs cite MCL 801.4; MSA 28.1724 and MCL 801.8; MSA 28.”
Marquette Gen. Hosp., Inc v. Chosa, 770 N.W.2d 920 (Mich. Ct. App. 2009). · cites it 12× “Teddy also wrote that “MCL 801.4 mandates that you explore this source of payment as well as any other possible sources of payment before resubmitting *83 you [sic] invoice to my Office.”
Zieger Osteopathic Hosp., Inc v. Wayne Cnty., 363 N.W.2d 28 (Mich. Ct. App. 1984). “This case turns on the construction given to MCL 801.4; MSA 28.1724, which provided at the time of Hodge’s hospitalization: "All charges and expenses of safe-keeping and maintaining convicts, and of persons charged with offenses, and committed for examination or trial, to the…”
Munson Med. Ctr. v. Cnty. of Roscommon (Mich. Ct. App. 2015). · cites it 4× “ANALYSIS At issue in this case is whether Gorbachow was in custody within the meaning of MCL 801.4, which provides that “all charges and expenses of safekeeping and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury .”
— Mich. Comp. Laws § 801.4(1) — 2 cases
Marquette Gen. Hosp., Inc v. Chosa, 770 N.W.2d 920 (Mich. Ct. App. 2009). “Teddy also wrote that “MCL 801.4 mandates that you explore this source of payment as well as any other possible sources of payment before resubmitting *83 you [sic] invoice to my Office.”
Munson Med. Ctr. v. Cnty. of Roscommon (Mich. Ct. App. 2015). “ANALYSIS At issue in this case is whether Gorbachow was in custody within the meaning of MCL 801.4, which provides that “all charges and expenses of safekeeping and maintaining prisoners and persons charged with an offense, shall be paid from the county treasury .”
— Mich. Comp. Laws § 801.4(2) — 1 case
Marquette Gen. Hosp., Inc v. Chosa, 770 N.W.2d 920 (Mich. Ct. App. 2009). “Teddy also wrote that “MCL 801.4 mandates that you explore this source of payment as well as any other possible sources of payment before resubmitting *83 you [sic] invoice to my Office.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.