HOUSE BILL NO. 5705

May 07, 2024, Introduced by Reps. Friske, Rigas, Bezotte, DeBoyer and Beeler and referred to the Committee on Government Operations.

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, 3, 3a, and 5 (MCL 800.281, 800.283, 800.283a, and 800.285), sections 1, 3, and 5 as amended by 1982 PA 343 and section 3a as amended by 2012 PA 255.

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. A person that violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for 5 years.

(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 bring any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a correctional facility. A person that violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 1 year or more than life.

(4) Except as provided in section 2, a prisoner shall not possess any alcoholic liquor, prescription drug, poison, or controlled substance. A prisoner who violates this subsection is guilty of a felony. The court shall sentence the prisoner to imprisonment for not less than 5 years or more than life.

Sec. 3. (1) Unless authorized by the chief administrator of the correctional facility, a weapon or other implement which may be used to injure a prisoner or other person, or in assisting a prisoner to escape from imprisonment, shall must not be sold, given, or furnished, either directly or indirectly, to a prisoner who is in or on the correctional facility, or be disposed of 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 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 weapon or other implement which 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. A person that violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 5 years or more than life.

(4) Unless authorized by the chief administrator of the correctional facility, a prisoner shall not have in his or her the prisoner's possession or under his or her the prisoner's control a weapon or other implement which may be used to injure a prisoner or other person, or to assist a prisoner to escape from imprisonment. A person that violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 15 years or more than life.

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. A person that violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 1 year or more than 5 years.

(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 of the facility where the device was confiscated.

Sec. 5. (1) Except as otherwise provided in sections 1, 3, and 3a or subsection (2), a person violating this act is guilty of a felony, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.

(2) If the delivery of a controlled substance is a felony punishable by imprisonment for more than 5 years under part 74 of Act No. 368 of the Public Acts of 1978, being sections 333.7401 to 333.7415 of the Michigan Compiled Laws, the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, a person who gives, sells, or furnishes a controlled substance in violation of section 1 of this act shall must not be prosecuted under this section for that giving, selling, or furnishing. If the possession of a controlled substance is a felony punishable by imprisonment for more than 5 years under part 74 of Act No. 368 of the Public Acts of 1978, the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, a person who possesses, or brings into a correctional facility, a controlled substance in violation of section 1 of this act shall must not be prosecuted under this section for that possession.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.