Untried Charges Against Michigan Inmates

MCL 780.131 et seq. provides that when the department of corrections receives notice of an untried warrant, indictment, information, or complaint against a Michigan inmate, setting forth a criminal offense for which a prison sentence might be imposed upon conviction, the inmate shall be brought to trial within 180 days.

The 180 day period starts after the department of corrections causes to be delivered to the prosecuting attorney of the county in which the warrant, indictment, information, or complaint is pending, written notice of the place of imprisonment of the inmate and a request for final disposition. The prisoner shall be notified of the request, which shall be delivered by certified mail and accompanied by a statement setting forth the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time or disciplinary credits earned, the time of parole eligibility of the prisoner, and any decisions of the parole board relating to the prisoner. This law does not apply to a criminal offense committed by an inmate of a state correctional facility while incarcerated or escaped.

In the event that, within the time limitation, action is not commenced on the matter for which request for disposition was made, no court of this state shall any longer have jurisdiction thereof, nor shall the untried warrant, indictment, information or complaint be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

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