Michigan Laws 772.6 – Failure to pay recognizance; commitment to county jail; hearing
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 772.6
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
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.