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Michigan Criminal Code: Escapes, Rescues, Jail and Prison Breaking

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Breaking, escaping, or leaving jail as felony

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.195 Breaking, escaping, or leaving jail as felony; penalty; section inapplicable to person leaving jail pursuant to day parole; "jail" defined. Sec. 195.

(1) A person lawfully imprisoned in a jail for a term imposed for a misdemeanor who breaks jail and escapes, breaks jail though an escape is not actually made, escapes, leaves the jail without being discharged from the jail by due process of law, or attempts to escape from the jail, is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $1,000.00, or both. (2) A person lawfully imprisoned in a jail for a term imposed for a felony who breaks jail and escapes, breaks jail though an escape is not actually made, escapes, leaves the jail without being discharged from the jail by due process of law, or attempts to escape from the jail, is guilty of a felony. A person who violates this subsection shall be imprisoned for the unexpired portion of the term of imprisonment the person was serving at the time of the violation, and any term of imprisonment imposed for the violation of this subsection shall begin to run at the expiration of that prior term of imprisonment. (3) This section does not apply to a person who left the jail pursuant to a day parole granted for any purpose under section 1 of Act No. 60 of the Public Acts of 1962, being section 801.251 of the Michigan Compiled Laws, and who is absent from the jail after the time he or she was required to return to the jail unless the person has the intent to escape from imprisonment. (4) As used in this section, "jail" means a facility that is operated by a local unit of government for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.195 ;-- Am. 1987, Act 212, Eff. Mar. 30, 1988 Former Law: See sections 28 to 30 of Ch. 171 of R.S. 1846, being CL 1857, §§ 6156 to 6158; CL 1871, §§ 8045 to 8047; How., §§ 9661 to 9663; CL 1897, §§ 2677 to 2679; CL 1915, §§ 2548 to 2550; CL 1929, §§ 17694 to 17696; and Act 146 of 1875.

Understanding Michigan Penal Code 750.195: Breaking, Escaping, or Leaving Jail

Michigan Penal Code 750.195 addresses the offenses of breaking jail, escaping, leaving jail without due process, or attempting to escape from jail. This law defines the penalties for these offenses, exceptions to its application, and provides a definition for the term "jail."

Breaking Jail, Escaping, or Leaving Jail Without Due Process

According to this law, there are two categories of offenses based on the type of imprisonment:

  1. Misdemeanor Imprisonment: A person lawfully imprisoned in a jail for a term imposed for a misdemeanor who engages in any of the following acts is guilty of a felony offense:
    • Breaking jail and escaping.
    • Breaking jail, even if an escape is not successfully executed.
    • Escaping from jail.
    • Leaving the jail without being discharged by due process of law.
    • Attempting to escape from jail.
    If convicted, the person may face imprisonment for a term not exceeding 2 years, a fine of not more than $1,000.00, or both.
  2. Felony Imprisonment: A person lawfully imprisoned in a jail for a term imposed for a felony who engages in the aforementioned acts is guilty of a felony offense. The punishment for violating this subsection is more severe:
    • The person shall be imprisoned for the unexpired portion of the term they were serving at the time of the violation.
    • Any term of imprisonment imposed for the violation of this subsection will begin to run after the expiration of the prior term of imprisonment.

Exceptions

The law provides an exception to the application of Section 195:

  • A person who left the jail pursuant to a day parole granted for any purpose under Section 1 of Act No. 60 of the Public Acts of 1962 is not subject to the provisions of this section, as long as they were absent from the jail after the required return time and did not have the intent to escape from imprisonment.

Definition of "Jail"

The term "jail" as used in this section refers to a facility operated by a local unit of government. Its purpose is to detain individuals charged with or convicted of criminal offenses or ordinance violations, or those found guilty of civil or criminal contempt.

Historical Background

Michigan Penal Code 750.195 was enacted in 1931 as part of Act 328. It has undergone amendments over the years, including an amendment in 1987 (Act 212), to enhance its effectiveness and address specific aspects of the offenses covered by the section.

Please note that this summary provides a simplified explanation of Michigan Penal Code 750.195. For a comprehensive understanding of the law and its implications, it is advisable to consult with a legal professional.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.

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