LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS
Act 17 of 1909
800.283a Cellular telephone or wireless communication device to prisoner prohibited; confiscation.
Sec. 3a.
(1) A person shall not sell, give, or furnish, or aid in the selling, giving, or furnishing of, a cellular telephone or other wireless communication device to a prisoner in a correctional facility, or dispose of a cellular telephone or other wireless communication device in or on the grounds of a correctional facility.
(2) A prisoner shall not possess or use a cellular telephone or other wireless communication device in a correctional facility or on the grounds of a correctional facility except as authorized by the department of corrections.
(3) A cellular telephone or other wireless communication device sold, given, furnished, possessed, or used in violation of this section is subject to confiscation and disposal under this section as contraband. If a cellular telephone or other wireless communication device is confiscated under this section, and the cellular telephone or other wireless device is serviceable but no longer needed for purposes of a criminal prosecution under this section, the cellular telephone or other wireless device shall be donated to a nonprofit organization that provides cellular telephones and other wireless communication devices to military personnel, or to any other charity approved by the warden of the facility where the device was confiscated.
History: Add. 2006, Act 540, Imd. Eff. Dec. 29, 2006 ;-- Am. 2012, Act 255, Imd. Eff. July 2, 2012
Notes of Decisions
Cited in
7
cases (
5 in the last 5 years), 2011–2025 · leading case:
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
· cites it 16× “Defendant appeals by delayed leave granted following his conditional no-contest plea to the offense of furnishing a cellular phone to a prisoner, MCL 800.283a, for which he was sentenced as a fourth habitual offender, MCL 769.”
Msc 162221 People Of Mi V Hamin Lorenzo Dixon Supremecourtopinion 4/28/2022 (Mich. 2022).
· cites it 10× “A cell phone charger was later found during a search of defendant’s shared prison cell. Defendant was charged with possession of a cell phone in a prison and pleaded guilty to attempted possession in exchange for dismissal of the possession charge and withdrawal of the…”
People of Michigan v. Hamin Lorenzo Dixon (Mich. 2022).
· cites it 10× “A cell phone charger was later found during a search of defendant’s shared prison cell. Defendant was charged with possession of a cell phone in a prison and pleaded guilty to attempted possession in exchange for dismissal of the possession charge and withdrawal of the…”
People of Michigan v. Hamin Lorenzo Dixon (Mich. 2021).
“The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel addressing: (1) whether attempted violation of MCL 800.283a necessarily requires a score of 25 points for Offense Variable (OV) 19; and if not, (2) whether there is…”
BELL v. McCauley (E.D. Mich. 2023).
“281(1), and conspiring to furnish a cell phone to a prisoner, MCL 800.283a, when released on parole in May 2017.”
— Mich. Comp. Laws § 800.283a(1) — 1 case
— Mich. Comp. Laws § 800.283a(2) — 2 cases
People of Michigan v. Hamin Lorenzo Dixon (Mich. 2022).
“A cell phone charger was later found during a search of defendant’s shared prison cell. Defendant was charged with possession of a cell phone in a prison and pleaded guilty to attempted possession in exchange for dismissal of the possession charge and withdrawal of the…”
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