State Treasurer v. Downer

Plaintiff brought this civil action in the Wayne Circuit Court against defendant pursu*448ant to the State Correctional Facility Reimbursement Act, MCL 800.401 et seq.; MSA 28.1701 et seq. Plaintiff sought reimbursement for the cost of defendant’s incarceration in an amount equal to ninety percent of defendant’s $1,661.92 federal income tax refund. Following a show-cause hearing, the trial court ordered ninety percent of the refund transferred to the state. Defendant now appeals as of right. We reverse and remand for further proceedings.

MCL 800.404(5); MSA 28.1704(5) provides:

At the hearing on…