February 15, 2018, Introduced by Reps. Green and Lasinski 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 section 3a (MCL 800.283a), as amended by 2012 PA 255.
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 deliver by unmanned aircraft 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 must
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 chief
administrator of the facility where the device was confiscated.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5427 of the 99th Legislature is enacted into
law.