KENT CTY PROSECUTOR v. SHERIFF

Docket No. 74055, (Calendar No. 10).

425 Mich. 718 (1986)

391 N.W.2d 341

KENT COUNTY PROSECUTOR v. KENT COUNTY SHERIFF

Supreme Court of Michigan.

Decided August 7, 1986.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the plaintiff.

Varnum, Riddering, Schmidt & Howlett (by Jon F. DeWitt and Jonathan W. Anderson) for the defendant.

Kent County Office of the Defender (by Michael P. Mathews and Richard E. Hillary) for intervening defendant.


BOYLE, J.

In this case, we consider the constitutionality of the county jail overcrowding act, MCL 801.51 et seq.; MSA 28.1748(1) et seq., which allows for the early release of prisoners serving jail sentences when the jail population exceeds a certain percentage of rated design capacity.1 The Legislature is afforded plenary power over matters dealing with "[t]he public health and...

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