Michigan Compiled Laws

Mich. Comp. Laws § 801.52 (2026)

Certifying general prisoner population exceeds 100% of rated design capacity of county jail or percentage of rated design capacity set by court; duties of sheriff.

✓ current as of July 2026

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COUNTY JAIL OVERCROWDING STATE OF EMERGENCY

Act 325 of 1982

801.52 Certifying general prisoner population exceeds 100% of rated design capacity of county jail or percentage of rated design capacity set by court; duties of sheriff.

Sec. 2.

If the general prisoner population of a county jail exceeds 100% of the rated design capacity of the county jail or a percentage of rated design capacity less than 100% as set by a court before February 8, 1983, for 7 consecutive days or for a lesser number of days as set by a court before February 8, 1983, the sheriff for that county shall certify that fact in writing, by first-class mail, personal delivery, or electronic communications, to the chief circuit judge, the chief district judge, and each municipal court judge in the county in which the county jail is located, the prosecuting attorney for the county, the chairperson of the county board of commissioners, and the county executive in a county in which a county executive is elected.

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

PopularName Notes:

Jail Overcrowding Emergency Powers Act

Notes of Decisions

Cited in 3 cases, 1986–1991 · 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× “] [2] MCL 801.52, 801.53; MSA 28.1748(2), 28.1748(3).”

Kent Cnty. Prosecutor v. Kent Cnty. Sheriff, 391 N.W.2d 341 (Mich. 1986). “3 MCL 801.52, 801.53; MSA 28.1748(2), 28.1748(3).”

In Re Muskegon Cnty. Bd. of Commissioners, 469 N.W.2d 441 (Mich. Ct. App. 1991). “Plaintiff takes this position despite the fact that the Department of Corrections, which has oversight authority over county jails and determines the design capacity of jails, has informed Muskegon County that the rated design capacity of its jail is only 187 inmates.”

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