LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS
Act 17 of 1909
800.283 Weapons; prohibitions.
Sec. 3.
(1) Unless authorized by the chief administrator of the correctional facility, a weapon or other implement which 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 of 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 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 weapon or other implement which 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 may be used to injure a prisoner or other person, or to assist a prisoner to escape from imprisonment.
History: 1909, Act 17, Eff. Sept. 1, 1909 ;-- CL 1915, 1829 ;-- CL 1929, 17655 ;-- CL 1948, 800.283 ;-- Am. 1972, Act 105, Imd. Eff. Mar. 29, 1972 ;-- Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982
Constitutionality Notes:
In People v Stanton, 400 Mich. 192; 253 NW2d 650 (1977), the Michigan supreme court declared 1972 PA 105, which amended this section, unconstitutional due to a defect in the title to 1909 PA 17. The law as embodied in the 1972 amendment was voided, not the act title. The amendment of the title by 1977 PA 164 following the declaration of unconstitutionality of a portion of the act itself did not suffice to resurrect the voided portion. If the voided portion is to be once again considered a part of the law, it must be “revised, altered, or amended” and “re-enacted and published at length” pursuant to Const 1963, art IV, § 25. People v Clabin, 411 Mich 472; 307 NW2d 682 (1981). This section and the title to 909 PA 17 were subsequently amended by 1982 PA 343.
Notes of Decisions
Cited in
63
cases (
20 in the last 5 years), 1975–2026 · leading case:
People v. Gratsch, 831 N.W.2d 462 (Mich. Ct. App. 2013).
People v. Gratsch, 831 N.W.2d 462 (Mich. Ct. App. 2013).
· cites it 8× “2 In People v Herron, 68 Mich App 381, 383 ; 242 NW2d 584 (1976), the defendant was convicted of violating *611 MCL 800.283, which at the time provided that “[a] convict without authorization, shall not have on his person or under his control or in his possession any weapon or…”
People v. Cortez, 832 N.W.2d 1 (Mich. Ct. App. 2013).
· cites it 5× “I would hold that, on the basis of all the features of the interrogation in this instance, defendant should have been advised of his Miranda rights before questioning and, thus, that his subsequent confession should have been suppressed.”
People v. Ramsdell, 585 N.W.2d 1 (Mich. Ct. App. 1998).
· cites it 6× “When the guards arrived, the defendant was holding the pipe. In connection with this testimony, the defendant requested that the trial court instruct the jury as follows: I instruct you that the defendant has a right to defend himself whether in prison or not.”
People v. Stanton, 245 N.W.2d 106 (Mich. Ct. App. 1976).
· cites it 8× “MCLA 800.283; MSA 28.1623. On April 9, 1975, the trial judge granted defendant's motion to quash the information.”
People v. Stanton, 253 N.W.2d 650 (Mich. 1977).
· cites it 4× “MCLA 800.283; MSA 28.1623; 1909 PA 17 as amended by 1972 PA 105 .”
People v. Rau, 436 N.W.2d 409 (Mich. Ct. App. 1989).
· cites it 2× “Defendant appeals as of right his conviction by jury trial of possession of a dangerous weapon by an inmate, MCL 800.283; MSA 28.1623. Defendant was sentenced to from two to five years, to be served consecutively to his current term.”
People v. Osuna, 436 N.W.2d 405 (Mich. Ct. App. 1988).
· cites it 4× “Defendant was charged with transporting a hypodermic syringe into a correctional facility in violation of MCL 800.283; MSA 28.1623. He moved to quash the information arguing that a syringe is not a weapon within the meaning of the statute.”
People v. Herron, 242 N.W.2d 584 (Mich. Ct. App. 1976).
· cites it 2× “MCLA 800.283; MSA 28.1623. He appeals raising three assignments of error, one of which merits discussion.”
People v. Perry, 377 N.W.2d 911 (Mich. Ct. App. 1985).
· cites it 2× “Defendant appeals as of right from a jury conviction of possession of a weapon by an inmate, MCL 800.283; MSA 28.1623. He was sentenced to serve from three to five years’ imprisonment, said sentence to be served consecutively to his current sentence.”
People v. Riley, 249 N.W.2d 397 (Mich. Ct. App. 1976).
“MCLA 800.283; MSA 28.1623. Two questions are presented for our consideration: (1) Whether a criminal complaint, that is dismissed for failure to comply with the provisions of MCLA 766.”
Jackson Cnty. Prosecutor v. Court of Appeals, 232 N.W.2d 172 (Mich. 1975).
“MCLA 800.283; MSA 28.1623. A circuit judge quashed the information filed against Stanton on grounds the statute under which he was charged was "too broad” and thus was constitutionally defective.”
People v. Williams, 433 N.W.2d 356 (Mich. Ct. App. 1988).
· cites it 2× “394(3), and of being an inmate in possession of a weapon, MCL 800.283(4); MSA 28.1623(4). After a second trial before the same jury, defendant was convicted as a fourth felony habitual offender, MCL 769.”
— Mich. Comp. Laws § 800.283(4) — 45 cases
People v. Gratsch, 831 N.W.2d 462 (Mich. Ct. App. 2013).
“2 In People v Herron, 68 Mich App 381, 383 ; 242 NW2d 584 (1976), the defendant was convicted of violating *611 MCL 800.283, which at the time provided that “[a] convict without authorization, shall not have on his person or under his control or in his possession any weapon or…”
People v. Cortez, 832 N.W.2d 1 (Mich. Ct. App. 2013).
“I would hold that, on the basis of all the features of the interrogation in this instance, defendant should have been advised of his Miranda rights before questioning and, thus, that his subsequent confession should have been suppressed.”
People v. Rau, 436 N.W.2d 409 (Mich. Ct. App. 1989).
“Defendant appeals as of right his conviction by jury trial of possession of a dangerous weapon by an inmate, MCL 800.283; MSA 28.1623. Defendant was sentenced to from two to five years, to be served consecutively to his current term.”
People v. Williams, 433 N.W.2d 356 (Mich. Ct. App. 1988).
“394(3), and of being an inmate in possession of a weapon, MCL 800.283(4); MSA 28.1623(4). After a second trial before the same jury, defendant was convicted as a fourth felony habitual offender, MCL 769.”
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