"The department [of corrections] shall supervise and inspect local jails and houses of correction for the purpose of obtaining facts in any manner pertaining to the usefulness and proper management of said penal institutions and of promoting proper, efficient and humane administration thereof, and shall promulgate rules and standards with relation thereto;...." (Emphasis added.)

"(1) Except for a holding or a detoxification cell, housing shall be constructed so that each inmate has an individual cell or room...." (Emphasis added.)

"(1) A facility shall comply with the requirements of these rules, except that the commission may grant a variance where it determines that:

(a) Strict compliance would cause unusual difficulties and hardships.

(b) The exception meets the intent of the rule and would not seriously affect the security, supervision of inmates, programs or the safe, healthful, or efficient operation of the facility.

"(2) In previously existing facilities where specific rules cannot be complied with because of unusual difficulty or undue hardship, exception to specific physical plant provisions of the rules may be made if the intent of the rules is met and the security, supervision of inmates, programs or the safe, healthful, or efficient operation of the facility is not seriously affected.

"(3) When an exception to a rule is desired for a specific facility, the responsible local authority shall submit a written request to the commission stating the justification for the requested exception and documenting the claim that the exception meets the intent of the rule and will not jeopardize the security, supervision of inmates, programs or the safe, healthful or efficient operation of the facility. An exception, if granted, shall apply only to the petitioner, for the specific situation or equipment cited and for the period of time specified."

"The department shall supervise and inspect jails and lockups that are under the jurisdiction of the county sheriff to obtain facts concerning the proper management of the jails and lockups and their usefulness. The department shall promulgate rules and standards promoting the proper, efficient, and humane administration of jails and lockups that are under the jurisdiction of the county sheriff pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws." (Emphasis added.)

"(1) The rules and standards promulgated under section 62(3) shall not prohibit the housing of 2 inmates in any cell in a county jail as prescribed under this section which meets both of the following conditions:

(a) The basic cell is at least 65 square feet in area.

(b) The cell provides unrestricted access to a day area which is available for use by the inmates other than those inmates being disciplined. The day area shall be available at least 14 hours per day and shall contain an average of at least 20 additional square feet of space per inmate.

"(2) For purposes of housing inmates as provided for under this section, the sheriff of the county shall develop and implement a classification system classifying the county jail population according to all of the following:

(a) Behavior characteristics.

(b) Similar physical characteristics.

(c) Age.

(d) Type of crime committed and criminal history.

(e) Gender.

"(3) The classification system under subsection (2) shall be submitted to and approved by the chief judge of the circuit court for the county.

"(4) A person who has no other prior convictions shall not be housed with another inmate as provided for under this section.

"(5) Cells in which 2 inmates are housed shall have doors which allow visual supervision, and inmates shall be under visual supervision at least every hour.

"(6) An inmate who is subject to section 33b(a) to (cc) of Act No. 232 of the Public Acts of 1953, being section 791.233b of the Michigan Compiled Laws, shall not be housed in a cell with another inmate as provided for under this section, unless the sentencing judge authorizes the inmate for such housing.

"(7) If the state incurs any expense or is liable for damages on any judgment for an action brought as the result of a county housing 2 inmates in a cell as provided for under this section, the county in which the action arose shall fully indemnify the state for the expense or damages.

"(8) No more than 75% of the total inmate population may be housed 2 to a cell and pretrial inmates must be housed in separate cell blocks or housing units from sentenced inmates. In any jail facility with 5 or more floors, pretrial inmates must be housed on separate floors from sentenced inmates."

"Since 1975 Department of Corrections (DOC) rules have required that county jails provide single-occupancy cells for inmates. In practice this policy applies fully only to new jail construction. Older jails which are structurally unable to meet this requirement are allowed to house certain inmates in dormitories, but not in double-occupancy cells. Two temporary variances have been issued by the DOC allowing the double-occupancy of cells designed for single-occupancy--one to Ingham county and one to Jackson county. Both of these variances were granted in response to overcrowding emergencies and had effect pending jail expansion or the development of programs alternative to jailing. Both variances have expired. The banning of 'double bunking,' as this practice is called, is an expression of the Department's position that double bunking is inherently dangerous to the inmates."