Michigan Compiled Laws

Mich. Comp. Laws § 769.2a (2026)

Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classification waiver.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.2a Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classification waiver.

Sec. 2a.

    (1)  If a person is sentenced by a court to imprisonment, or is serving a sentence of imprisonment, for any of the following crimes, the person shall not be eligible for custodial incarceration outside a state correctional facility or a county jail:

    (a) Sections 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of the Michigan Compiled Laws.

    (b) Former section 520 of Act No. 328 of the Public Acts of 1931.

    (c) Murder in connection with sexual misconduct.

    (d) An attempt to commit a crime described in subdivision (a), (b), or (c).

    (2) As used in this section, "state correctional facility" means a facility or institution which is maintained and operated, or contracted for, by the department of corrections, other than a community corrections center, halfway house, resident home, prison farm housing unit, camp, the Cassidy lake technical school, or the Michigan reformatory trustee division, located at Ionia.

    (3) A prisoner who receives a security classification waiver shall not be housed in a prison farm housing unit, or the Michigan reformatory trustee division located at Ionia.

History: Add. 1953, Act 130, Eff. Oct. 2, 1953 ;-- Am. 1986, Act 110, Imd. Eff. May 23, 1986

Notes of Decisions
Cited in 3 cases, 1985–2018 · leading case: Jansson v. Dep't of Corr., 383 N.W.2d 152 (Mich. Ct. App. 1985).
Jansson v. Dep't of Corr., 383 N.W.2d 152 (Mich. Ct. App. 1985). · cites it 6× “265c; MSA 28.2325(3), the work camp statute. The department appeals as of right.”
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). · cites it 2× “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). · cites it 2× “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
— Mich. Comp. Laws § 769.2a(1)(a) — 2 cases
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
— Mich. Comp. Laws § 769.2a(2) — 2 cases
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
Lasan Bellamy v. Dep't of Corr. (Mich. Ct. App. 2018). “Finally, petitioner argues that MCL 769.2a(1)(a) supports the proposition that his placement at KPEP was erroneous.”
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