January 17, 2018, Introduced by Reps. Green, Moss, Hoadley, Elder, Hertel, Yanez, Cambensy, Yaroch, Lucido, LaGrand, Kelly, Frederick, Barrett, Sowerby, Lasinski and Gay-Dagnogo and referred to the Committee on Communications and Technology.
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 sections 1, 1a, and 3 (MCL 800.281, 800.281a, and
800.283), sections 1 and 3 as amended by 1982 PA 343 and section 1a
as amended by 1998 PA 514.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Except as provided in section 2, a person shall
not sell, give, or furnish, either directly or indirectly, any
alcoholic liquor, prescription drug, poison, or controlled
substance to a prisoner who is in or on a correctional facility or
dispose of that liquor, drug, poison, or controlled substance in
any manner that allows a prisoner or employee of the correctional
facility who is in or on a correctional facility access to it.
(2) Except as provided in section 2, a person who knows or has
reason to know that another person is a prisoner shall not sell,
give, or furnish, either directly or indirectly, any alcoholic
liquor, prescription drug, poison, or controlled substance to that
prisoner anywhere outside of a correctional facility.
(3) Except as provided in section 2, a person shall not
deliver by unmanned aircraft or bring any alcoholic liquor,
prescription drug, poison, or controlled substance into or onto a
correctional facility.
(4) Except as provided in section 2, a prisoner shall not
possess any alcoholic liquor, prescription drug, poison, or
controlled substance.
Sec. 1a. As used in this act:
(a) "Alcoholic liquor" means any spirituous, vinous, malt, or
fermented liquor, liquid, or compound whether or not medicated,
containing
1/2 of 1% or more of alcohol by volume and which that is
or readily can be made suitable for beverage purposes.
(b) "Chief administrator" means the warden, superintendent, or
other employee approved or designated by the department of
corrections as the chief administrative officer of a correctional
facility.
(c) "Controlled substance" means a drug, substance, or
immediate precursor in schedules 1 to 5 of part 72 of the public
health code, 1978 PA 368, MCL 333.7201 to 333.7231.
(d) "Department" means the department of corrections.
(e) "Correctional facility" means any of the following:
(i) A state prison, reformatory, work camp, or community
corrections center.
(ii) A youth correctional facility operated by the department
or a private vendor under section 20g of the corrections code of
1953,
1953 PA 232, MCL 791.232.791.220g.
(iii) A privately operated community corrections center or
resident home which houses prisoners committed to the jurisdiction
of the department.
(iv) The land on which a facility described in subparagraph
(i), (ii), or (iii) is located.
(f) "Prescription drug" means prescription drug as defined in
section 17708 of the public health code, 1978 PA 368, MCL
333.17708.
(g) "Prisoner" means a person committed to the jurisdiction of
the department who has not been released on parole or discharged.
(h) "Unmanned aircraft" means that term as defined under
section 3 of the unmanned aircraft systems act, 2016 PA 436, MCL
259.303.
Sec. 3. (1) Unless authorized by the chief administrator of
the correctional facility, a person shall not sell, give, or
furnish, either directly or indirectly, a weapon or other implement
which
that may be used to injure a prisoner or other person, or
in
assisting
a prisoner to escape from imprisonment, shall not be
sold,
given, or furnished, either directly or indirectly, to a
prisoner
who is in or on the correctional facility, or be disposed
dispose of that weapon or other implement in a manner or in a place
that it may be secured by a prisoner who is in or on the
correctional facility.
(2) Unless authorized by the chief administrator of the
correctional facility, a person, who knows or has reason to know
that another person is a prisoner, shall not sell, give, or
furnish, either directly or indirectly, to that prisoner anywhere
outside of a correctional facility a weapon or other implement
which
that may be used to injure a prisoner or other person or
in
assisting a prisoner to escape from imprisonment.
(3) Unless authorized by the chief administrator of the
correctional facility, a person shall not deliver by unmanned
aircraft
or bring a weapon or other implement which
that may be
used to injure a prisoner or other person, or in assisting a
prisoner
to escape from imprisonment, shall not be brought into or
onto any correctional facility.
(4) Unless authorized by the chief administrator of the
correctional facility, a prisoner shall not have in his or her
possession or under his or her control a weapon or other implement
which
that may be used to injure a prisoner or other person, or
to
assist a prisoner to escape from imprisonment.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.