Mich. Comp. Laws » Michigan Compiled Laws / Chapter 768 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 768.7a (2026)

Commission of crime during incarceration in or escape from penal or reformatory institution; felony committed while on parole; term of imprisonment; supplementary powers conferred upon court.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


768.7a Commission of crime during incarceration in or escape from penal or reformatory institution; felony committed while on parole; term of imprisonment; supplementary powers conferred upon court.

Sec. 7a.

    (1)  A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by imprisonment in a penal or reformatory institution in this state shall, upon conviction of that crime, be sentenced as provided by law. The term of imprisonment imposed for the crime shall begin to run at the expiration of the term or terms of imprisonment which the person is serving or has become liable to serve in a penal or reformatory institution in this state.

    (2) If a person is convicted and sentenced to a term of imprisonment for a felony committed while the person was on parole from a sentence for a previous offense, the term of imprisonment imposed for the later offense shall begin to run at the expiration of the remaining portion of the term of imprisonment imposed for the previous offense.

    (3) The powers conferred upon the court by this section are supplementary to any other power conferred by law.

History: Add. 1954, Act 100, Imd. Eff. Apr. 14, 1954 ;-- Am. 1976, Act 184, Imd. Eff. July 8, 1976 ;-- Am. 1988, Act 48, Eff. June 1, 1988

Notes of Decisions
Cited in 132 cases (17 in the last 5 years), 1957–2025 · leading case: People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
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People v. Idziak, 773 N.W.2d 616 (Mich. 2009). · cites it 112× “A prisoner sentenced to consecutive terms of imprisonment, "whether received at the same time or at any time during the life of the original sentence," is subject to the jurisdiction of the Parole Board "when the prisoner has served the total time of the added minimum terms.”
People v. Clark, 888 N.W.2d 309 (Mich. Ct. App. 2016). · cites it 31× “In 1988, after the enactment of the SRA and the effective date of its provisions regarding supervised release, Michigan’s Legislature amended MCL 768.7a to include MCL 768.7a(2). 1988 PA 48 , effective June 1, 1988; Idziak, 484 Mich at 557-558 .”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994). · cites it 36× “Because there was a dispute between the Department of Corrections and the prosecutor's office concerning when the second sentence would begin to run, the Wayne County Prosecutor requested that the Department of Corrections state how it interpreted and applied MCL 768.7a(2); MSA…”
People v. Williams, 811 N.W.2d 88 (Mich. Ct. App. 2011). · cites it 7× “MCL 768.7a(1) provides for consecutive sentencing as follows: *474 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by…”
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). · cites it 6× “MCL 768.7a does not require the termination of any earlier sentences, although under M.”
People v. Meshell, 696 N.W.2d 754 (Mich. Ct. App. 2005). · cites it 3× “MCL 768.7a(2). [People v Seiders, 262 Mich App 702, 705 ; 686 NW2d 821 (2004) (Seiders II) (citation omitted).”
People v. Harden, 454 N.W.2d 371 (Mich. 1990). · cites it 14× “1030(2), but the general comments on the nature and purpose of legislatively mandated consecutive sentencing apply to MCL 768.7a; MSA 28.1030(1) as well. [14] We also observe that the consecutive-sentencing section applicable to this defendant includes this language in…”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996). · cites it 6× “§ 768.7a(1); M.S.A. § 28.1030(1)(1).] See n.”
People v. Prieskorn, 381 N.W.2d 646 (Mich. 1986). · cites it 4× “[3] MCL 768.7a et seq.; MSA 28.1030(1) et seq.”
People v. Spann, 655 N.W.2d 251 (Mich. Ct. App. 2002). · cites it 3× “Interpreting subsection 7401(3) to impose a consecutive sentence following a term of imprisonment in either jail or prison is in keeping with a liberal construction to deter controlled substance crimes for the protection of the public health, safety, and welfare.”
People v. Weatherford, 483 N.W.2d 924 (Mich. Ct. App. 1992). · cites it 6× “1030(1)(1) provides: *118 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by imprisonment in a penal or reformatory…”
People v. Howell, 834 N.W.2d 923 (Mich. Ct. App. 2013). · cites it 3× “” The term “consecutive to parole” typically refers to MCL 768.7a(2), which provides that a person must serve the remainder of the term of imprisonment for their previous offense before serving time for a new offense if he or she commits a felony while on parole.”
Show all 132 citing cases →
— Mich. Comp. Laws § 768.7a(1) — 22 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “A prisoner sentenced to consecutive terms of imprisonment, "whether received at the same time or at any time during the life of the original sentence," is subject to the jurisdiction of the Parole Board "when the prisoner has served the total time of the added minimum terms.”
People v. Williams, 811 N.W.2d 88 (Mich. Ct. App. 2011). “MCL 768.7a(1) provides for consecutive sentencing as follows: *474 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by…”
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011).
People v. Weatherford, 483 N.W.2d 924 (Mich. Ct. App. 1992). “1030(1)(1) provides: *118 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by imprisonment in a penal or reformatory…”
People v. Spann, 655 N.W.2d 251 (Mich. Ct. App. 2002). “Interpreting subsection 7401(3) to impose a consecutive sentence following a term of imprisonment in either jail or prison is in keeping with a liberal construction to deter controlled substance crimes for the protection of the public health, safety, and welfare.”
— Mich. Comp. Laws § 768.7a(2) — 69 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “A prisoner sentenced to consecutive terms of imprisonment, "whether received at the same time or at any time during the life of the original sentence," is subject to the jurisdiction of the Parole Board "when the prisoner has served the total time of the added minimum terms.”
People v. Clark, 888 N.W.2d 309 (Mich. Ct. App. 2016). “In 1988, after the enactment of the SRA and the effective date of its provisions regarding supervised release, Michigan’s Legislature amended MCL 768.7a to include MCL 768.7a(2). 1988 PA 48 , effective June 1, 1988; Idziak, 484 Mich at 557-558 .”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994). “Because there was a dispute between the Department of Corrections and the prosecutor's office concerning when the second sentence would begin to run, the Wayne County Prosecutor requested that the Department of Corrections state how it interpreted and applied MCL 768.7a(2); MSA…”
People v. Meshell, 696 N.W.2d 754 (Mich. Ct. App. 2005). “MCL 768.7a(2). [People v Seiders, 262 Mich App 702, 705 ; 686 NW2d 821 (2004) (Seiders II) (citation omitted).”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996). “§ 768.7a(1); M.S.A. § 28.1030(1)(1).] See n.”
— Mich. Comp. Laws § 768.7a(3) — 1 case
People v. Harden, 454 N.W.2d 371 (Mich. 1990). “1030(2), but the general comments on the nature and purpose of legislatively mandated consecutive sentencing apply to MCL 768.7a; MSA 28.1030(1) as well. [14] We also observe that the consecutive-sentencing section applicable to this defendant includes this language in…”
— Mich. Comp. Laws § 768.7a(l) — 14 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “A prisoner sentenced to consecutive terms of imprisonment, "whether received at the same time or at any time during the life of the original sentence," is subject to the jurisdiction of the Parole Board "when the prisoner has served the total time of the added minimum terms.”
People v. Williams, 811 N.W.2d 88 (Mich. Ct. App. 2011). “MCL 768.7a(1) provides for consecutive sentencing as follows: *474 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by…”
People v. Alexander, 599 N.W.2d 749 (Mich. Ct. App. 1999).
People v. Weatherford, 483 N.W.2d 924 (Mich. Ct. App. 1992). “1030(1)(1) provides: *118 A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who commits a crime during that incarceration or escape which is punishable by imprisonment in a penal or reformatory…”
People v. Mandell, 420 N.W.2d 834 (Mich. Ct. App. 1987).
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