CONTRABAND IN JAIL: FELONY - S.B. 528 (S-2): FLOOR ANALYSIS
Senate Bill 528 (Substitute S-2 as reported)
Sponsor: Senator Mat J. Dunaskiss
Senate Committee: Judiciary
CONTENT
The bill would amend the Code of Criminal Procedure to include the felony offenses of bringing weapons, drugs, or alcohol into a jail, or a prisoner's possessing those items, in the Code's sentencing guidelines provisions. The bill would take effect on August 1, 1999, and is tie-barred to House Bill 4403, which would amend Public Act 7 of 1981 to elevate those crimes from misdemeanors to felonies.
Under the Senate bill, a violation of the prohibitions in Public Act 7 involving weapons in jails would be categorized as a Class E felony against public safety, with a statutory maximum penalty of five years' imprisonment. A violation of the Act's prohibitions involving alcohol and drugs in jails would be categorized as a Class H felony against public safety, with a statutory maximum penalty of five years' imprisonment.
MCL 777.17 - Legislative Analyst: P. Affholter
FISCAL IMPACT
Senate Bill 528 (S-2) and House Bill 4403 would have an indeterminate fiscal impact on State and local government.
The bills would increase the maximum sentence and add five crimes not previously enumerated in the sentencing guidelines. To the extent that, as a result of enumeration in the sentencing guidelines, an offender convicted under one of these sections received a longer or a shorter sentence, costs to State and local government would increase or decrease. There are no data available to indicate how many people are convicted each year of bringing a weapon to jail, furnishing a weapon to a prisoner in jail, possession of a weapon by a prisoner in a jail, furnishing contraband to a prisoner in jail, or possession of contraband by a prisoner in a jail.
Date Completed: 5-10-99 - Fiscal Analyst: K. FirestoneFloor\sb528 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.