THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.7 Jurisdiction over cases arising under MCL 768.6; proceedings; examination; warrant; custody of person confined; applicability of section and MCL 768.6.
Sec. 7.
The circuit court for the county in which the prison or institution named in the preceding section is, shall have jurisdiction over cases arising under the foregoing section, and the proceedings thereto pertaining shall in all ways conform to the law and rules in cases of like offenses occurring elsewhere, except that the examination may be held in 1 of the offices of the penal institutions where the crime is committed, at the option of the magistrate before whom the complaint may be made, and that the warrant shall be made in the ordinary form, shall be directed to the warden or keeper of such institution, and shall set forth that the accused is imprisoned in such institution under and by authority of the laws of the state of Michigan; and further, that the person so confined shall remain in the custody of such warden or keeper subject to the order of the circuit court for the county in which such institution is located. The provisions of this and the preceding section shall apply to persons who are temporarily outside the limits of the institutions named in such sections, except those prisoners who have received a parole by due process of law and are at liberty under the terms of such parole.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17300 ;-- CL 1948, 768.7 ;-- Am. 1987, Act 268, Imd. Eff. Dec. 29, 1987
FormerLaw Notes:
See sections 2 and 4 of Act 132 of 1887, being How., §§ 9414b and 9414d; CL 1897, §§ 11773 and 11775; CL 1915, §§ 15587 and 15589; section 65 of Act 118 of 1893, being CL 1897, § 2144; CL 1915, § 1763; and Act 35 of 1917 .
Notes of Decisions
Cited in
5
cases, 1974–2017 · leading case:
People v. Fisher, 559 N.W.2d 318 (Mich. Ct. App. 1997).
People v. Fisher, 559 N.W.2d 318 (Mich. Ct. App. 1997).
· cites it 2× “§ 768.7; M.S.A. § 28.1030, the latter of which provides that the circuit court for the county in which the prison where the crime or offense punishable by imprisonment in such institution occurred "shall have jurisdiction.”
People v. Fields, 216 N.W.2d 51 (Mich. 1974).
· cites it 2× “MCLA 768.7; MSA 28.1030. Other provisions conferring discretionary power without standards, that, like the waiver of juvenile jurisdiction provision, do not mention the word "discretion", are the following: (a) The court may with the consent of a youth who commits a criminal…”
People of Michigan v. Sabrina Racine Parker (Mich. Ct. App. 2017).
· cites it 7× “6, MCL 768.7, and MCL 768.7a(1). MCL 768.6 provides: Any person now or hereafter confined in any penal or reformatory institution in this state, and who during the term of such confinement shall commit any crime or offense punishable under the laws of this state by imprisonment…”
People of Michigan v. Sabrina Racine Parker (Mich. Ct. App. 2017).
· cites it 7× “6, MCL 768.7, and MCL 768.7a(1). MCL 768.6 provides: Any person now or hereafter confined in any penal or reformatory institution in this state, and who during the term of such confinement shall commit any crime or offense punishable under the laws of this state by imprisonment…”
People v. Bettin, 436 N.W.2d 669 (Mich. Ct. App. 1988).
“Pursuant to MCL 768.7(a); MSA 28.1030(1), defendant received a sentence of two to ten years in prison, to be served consecutively to his previous two-to-eight-year sentence for larceny and for being a third-felony offender.”
— Mich. Comp. Laws § 768.7(a) — 1 case
People v. Bettin, 436 N.W.2d 669 (Mich. Ct. App. 1988).
“Pursuant to MCL 768.7(a); MSA 28.1030(1), defendant received a sentence of two to ten years in prison, to be served consecutively to his previous two-to-eight-year sentence for larceny and for being a third-felony offender.”
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