SB-0551, As Passed House, June 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 551

     A bill to amend 1909 PA 17, entitled

"An act to prohibit or limit the access by prisoners and by

employees of correctional facilities to certain weapons and

wireless communication devices and to alcoholic liquor, drugs,

medicines, poisons, and controlled substances in, on, or outside of

correctional facilities; to prohibit or limit the bringing into or

onto certain facilities and real property, and the disposition of,

certain weapons, substances, and wireless communication devices; to

prohibit or limit the selling, giving, or furnishing of certain

weapons, substances, and wireless communication devices to

prisoners; to prohibit the control or possession of certain

weapons, substances, and wireless communication devices by

prisoners; and to prescribe penalties,"

by amending section 3a (MCL 800.283a), as added by 2006 PA 540.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3a. (1) A person shall not sell, give, or furnish, or aid

in the selling, giving, or furnishing of, a cellular telephone or

other wireless communication device to a prisoner in a correctional

facility, or dispose of a cellular telephone or other wireless

communication device in or on the grounds of a correctional

facility.

     (2) A prisoner shall not possess or use a cellular telephone

or other wireless communication device in a correctional facility

or on the grounds of a correctional facility except as authorized

by the department of corrections.

     (3) A cellular telephone or other wireless communication

device sold, given, furnished, possessed, or used in violation of

this section is subject to confiscation and disposal under this

section as contraband. If a cellular telephone or other wireless

communication device is confiscated under this section, and the

cellular telephone or other wireless device is serviceable but no

longer needed for purposes of a criminal prosecution under this

section, the cellular telephone or other wireless device shall be

donated to a nonprofit organization that provides cellular

telephones and other wireless communication devices to military

personnel, or to any other charity approved by the warden of the

facility where the device was confiscated.