THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
769.28 Commitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles.
Sec. 28.
Notwithstanding any provision of law to the contrary, if a person convicted of a crime or contempt of court is committed or sentenced to imprisonment for a maximum of 1 year or less, the commitment or sentence shall be to the county jail of the county in which the person was convicted and not to a state penal institution. This section does not apply to a juvenile placed on probation and committed to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, under section 1(3) or (4) of this chapter.
History: Add. 1953, Act 119, Imd. Eff. May 25, 1953 ;-- Am. 1954, Act 32, Imd. Eff. Mar. 31, 1954 ;-- Am. 1955, Act 202, Imd. Eff. June 17, 1955 ;-- Am. 1985, Act 47, Imd. Eff. June 14, 1985 ;-- Am. 1988, Act 78, Eff. Oct. 1, 1988 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Compiler's Notes:
Section 3 of Act 78 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 181 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Notes of Decisions
Cited in
27
cases (
2 in the last 5 years), 1960–2022 · leading case:
People v. Weatherford, 483 N.W.2d 924 (Mich. Ct. App. 1992).
People v. Weatherford, 483 N.W.2d 924 (Mich. Ct. App. 1992).
· cites it 14× “In support of his claim that he should have been ordered to serve the one-year sentence in the county jail, defendant cites MCL 769.28; MSA 28.1097(1), which provides in pertinent part: Notwithstanding any provision of law to the contrary, in case of the commitment or sentence…”
People v. Hooks, 279 N.W.2d 598 (Mich. Ct. App. 1979).
· cites it 8× “It operates as an equivalent to a state prison when, pursuant to MCL 802.”
People v. West, 317 N.W.2d 261 (Mich. Ct. App. 1982).
· cites it 6× “In 1953, MCL 769.28; MSA 28.1097(1) was added to the Code of Criminal Procedure.”
People v. Harper, 269 N.W.2d 470 (Mich. Ct. App. 1978).
· cites it 4× “212(2), which provides "years" may be construed as "year", and under MCL 8.3j; MSA 2.212(10), "the word `year'" equals "a calendar year".”
People of Michigan v. Tarone Devon Washington, 916 N.W.2d 477 (Mich. 2018).
· cites it 2× “30 MCL 769.28 ("Notwithstanding any provision of law to the contrary, if a person convicted of a crime or contempt of court is committed or sentenced to imprisonment for a maximum of 1 year or less, the commitment or sentence shall be to the county jail of the county in which…”
People v. Blythe, 339 N.W.2d 399 (Mich. 1983).
· cites it 2× “7(l)(d) refers to the duty to advise of a "prison” sentence and that pursuant to MCL 769.28; MSA 28.1097(1) there can be no prison term for a defendant serv *437 ing one year or less.”
People v. Merkerson, 382 N.W.2d 750 (Mich. Ct. App. 1985).
· cites it 6× “Where an inmate is sentenced to a term of imprisonment for one year or less and is thus confined in DeHoCo in lieu of in a county jail under MCL 769.28; MSA 28.1097(1), he or she will be considered an inmate of a county jail or local prison facility and the 180-day rule will not…”
People v. Spann, 655 N.W.2d 251 (Mich. Ct. App. 2002).
“” MCL 769.28. Numerous statutes refer to imprisonment in the county jail.”
People v. Biniecki, 192 N.W.2d 638 (Mich. Ct. App. 1971).
· cites it 4× “Soon after his return to prison the corrections commission informed the trial judge that the sentence was invalid under MCLA § 769.28 (Stat Ann 1971 Cum Supp § 28.”
People v. Shirley Johnson, 255 N.W.2d 4 (Mich. Ct. App. 1977).
· cites it 4× “However, MCLA 769.28; MSA 28.1097(1) provides: "Notwithstanding any provision of law to the contrary, in case of the commitment or sentence of any persons convicted of crime or contempt of court to imprisonment for a maximum of 1 year or less, such commitment or sentence shall…”
People v. Lyles, 257 N.W.2d 220 (Mich. Ct. App. 1977).
· cites it 2× “MCLA 769.28; MSA 28.1097(1) provides in pertinent part as follows: "Notwithstanding any provision of law to the contrary, in case of the commitment or sentence of any persons convicted of crime or contempt of court to imprisonment for a maximum of 1 year or less, such commitment…”
People v. Valentin, 559 N.W.2d 396 (Mich. Ct. App. 1997).
· cites it 2× “§ 769.28; M.S.A. § 28.1097(1), M.C.L. § 771.”
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