Public-domain · open source
OpenJurist

Mich. Comp. Laws § 772.6

Failure to pay recognizance; commitment to county jail; hearing

Applied in 1 court decision — leading case 234 Mich. App. 326 - In Re Gosnell (1999)

Most recently applied in 234 Mich. App. 326 - In Re Gosnell (June 1999)

1927, Act 175, Eff

Sec. 6. If the person so ordered to recognize refuses or neglects to provide that recognizance, the court shall commit the person to the county jail during the period for which security was required, or until the person provides that recognizance. A person shall not be incarcerated for failure to pay the recognizance unless the court conducts a hearing and determines that the person has the resources to pay the recognizance and has not made a good faith effort to do so. In determining whether to incarcerate the person, the court shall also consider the person's employment status, earning ability, and financial resources; the willfulness of the person's failure to pay the recognizance; and any other special circumstances that may have a bearing on the person's ability to pay the recognizance. The court shall state in the warrant the cause of commitment with the sum and the time for which the security was required.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.