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HOUSE BILL No. 5427

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.

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.