Michigan Compiled Laws

Mich. Comp. Laws § 801.51 (2026)

Definitions.

✓ current as of July 2026

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COUNTY JAIL OVERCROWDING STATE OF EMERGENCY

Act 325 of 1982

801.51 Definitions.

Sec. 1.

As used in this act:

(a) "County jail" means a facility operated by a county for the physical detention and correction of persons charged with or convicted of criminal offenses and ordinance violations, persons found guilty of civil or criminal contempt, and juveniles detained by court order.

(b) "Department of corrections" means the state department of corrections.

(d) "Rated design capacity" means the actual available bed space of the general population of a county jail as determined by the department of corrections.

History: 1982, Act 325, Eff. Feb. 8, 1983 ;-- Am. 2007, Act 140, Eff. Feb. 11, 2008

Constitutionality Notes:

The county jail overcrowding act does not infringe upon the Governor's power of executive clemency. Kent Pros v Sheriff (On Reh), 428 Mich 314; 409 NW2d 202 (1987).

PopularName Notes:

Jail Overcrowding Emergency Powers Act

Notes of Decisions

Cited in 5 cases, 1984–2008 · leading case: Kent Cnty. Prosecutor v. Kent Cnty. Sheriff, 409 N.W.2d 202 (Mich. 1987).

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Kent Cnty. Prosecutor v. Kent Cnty. Sheriff, 409 N.W.2d 202 (Mich. 1987). · cites it 2× “INTRODUCTION When we originally considered this case, the Court was divided equally on the constitutionality of the county jail overcrowding act, 1982 PA 325 , MCL 801.51 et seq.; MSA 28.1748(1) et seq.”

Kent Cnty. Prosecutor v. Kent Cnty. Sheriff, 391 N.W.2d 341 (Mich. 1986). · cites it 2× “In this case, we consider the constitutionality of the county jail overcrowding act, MCL 801.51 et seq.; MSA 28.1748(1) et seq.”

Kent Cnty. Prosecutor v. Kent Cnty. Sheriff, 350 N.W.2d 298 (Mich. Ct. App. 1984). “The issue in this appeal is whether 1982 PA 325 , commonly known as the county jail overcrowding act, MCL 801.51 et seq.; MSA 28.1748(1) et seq.”

In Re Muskegon Cnty. Bd. of Commissioners, 469 N.W.2d 441 (Mich. Ct. App. 1991). “MCL 801.51 et seq.; MSA 28.1748(1) et seq.”

People v. Grazhidani, 746 N.W.2d 622 (Mich. Ct. App. 2008). “Accordingly, we remand this matter to the trial court for entry of a new judgment of sentence that does not include credit for time served based on the amount by which defendant’s sentence was reduced under MCL 801.”

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