THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.193 Breaking prison, escaping, attempting to break prison, or attempting to escape as felony; penalty; place of trial; "prison" defined; escaping from lawful custody outside confines of prison; escape from mental health facility; violation by person released under work pass program; person violating parole not escapee. Sec. 193.

(1) A person imprisoned in a prison of this state who breaks prison and escapes, breaks prison though an escape is not actually made, escapes, leaves the prison without being discharged by due process of law, attempts to break prison, or attempts to escape from prison, is guilty of a felony, punishable by further imprisonment for not more than 5 years. The term of the further imprisonment shall be served after the termination, pursuant to law, of the sentence or sentences then being served. A prisoner who breaks prison, escapes, attempts to break prison, or attempts to escape, shall be charged with that offense and tried in the courts of the county in which the prison or penal facility to which the prisoner was committed or transferred is located at the time of the breaking, escape, or attempt to break or escape. (2) As used in this section, "prison" means a facility that houses prisoners committed to the jurisdiction of the department of corrections and includes the grounds, farm, shop, road camp, or place of employment operated by the facility or under control of the officers of the facility, the department of corrections, a police officer of this state, or any other person authorized by the department of corrections to have a prisoner under care, custody, or supervision, either in a facility or outside a facility, whether for the purpose of work, medical care, or any other reason. (3) A person who escapes from the lawful custody of a guard, prison official, or an employee while outside the confines of a prison is guilty of a violation of this section. A person, admitted to a facility of the department of mental health from a prison pursuant to sections 1001 to 1006 of the mental health code, 1974 PA 258, MCL 330.2001 to 330.2006, who escapes from the mental health facility is guilty of a violation of this section. A person released from prison under a work pass program who violates the terms of the release or fails to return to the place of imprisonment within the time provided is guilty of a violation of this section. A person violating the conditions of a parole is not an escapee under this act.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1943, Act 56, Eff. July 30, 1943 ;-- CL 1948, 750.193 ;-- Am. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 1956, Act 6, Imd. Eff. Mar. 9, 1956 ;-- Am. 1958, Act 215, Eff. Sept. 13, 1958 ;-- Am. 1967, Act 103, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 631, Imd. Eff. Jan. 8, 1979 ;-- Am. 1988, Act 167, Eff. July 1, 1988 ;-- Am. 1998, Act 510, Imd. Eff. Jan. 8, 1999 Former Law: See section 24 of Ch. 156 of R.S. 1846, being CL 1857, § 5843; CL 1871, § 7676; How., § 9258; CL 1897, § 11328; CL 1915, § 14995; CL 1929, § 16586; Act 100 of 1925; and Act 7 of 1927.

Understanding Michigan Penal Code 750.193: Breaking Prison and Escaping

Michigan Penal Code 750.193 addresses the offenses of breaking prison, escaping, attempting to break prison, or attempting to escape from prison. This law defines the penalties for these offenses, the place of trial, and provides definitions for key terms used in the section.

Breaking Prison, Escaping, or Attempting to Break or Escape

According to this law, a person who is imprisoned in a state prison and engages in any of the following acts is guilty of a felony offense:

1. Breaking prison and escaping.
2. Breaking prison, even if an escape is not successfully executed.
3. Escaping from prison.
4. Leaving the prison without being discharged by due process of law.
5. Attempting to break prison.
6. Attempting to escape from prison.

Penalties

The penalties for breaking prison, escaping, attempting to break prison, or attempting to escape are as follows:

1. The offense is classified as a felony.
2. If convicted, the person may face further imprisonment for a term not exceeding 5 years.
3. The additional imprisonment will be served after the completion of the sentence or sentences currently being served.

Place of Trial

A prisoner who breaks prison, escapes, attempts to break prison, or attempts to escape will be charged with the offense and tried in the courts of the county where the prison or penal facility to which the prisoner was committed or transferred is located at the time of the breaking, escape, or attempt.

Definition of Terms

To provide clarity, Michigan Penal Code 750.193 includes the following definitions:

1. Prison: Refers to a facility that houses prisoners under the jurisdiction of the Department of Corrections. This includes the grounds, farms, shops, road camps, or places of employment operated by the facility or under the control of authorized individuals for purposes such as work, medical care, or other reasons.
2. Escaping from Lawful Custody: Applies to a person who escapes the lawful custody of a guard, prison official, or employee while outside the confines of a prison.
3. Escape from Mental Health Facility: Describes the offense committed by a person admitted to a mental health facility from a prison under specific provisions of the Mental Health Code (1974 PA 258, MCL 330.2001 to 330.2006) who subsequently escapes from the mental health facility.
4. Violation by Person Released under Work Pass Program: Refers to a person released from prison under a work pass program who violates the terms of their release or fails to return to the place of imprisonment within the designated time.
5. Violation of Parole: Specifies that a person violating the conditions of parole is not considered an escapee under this act.

Historical Background

Michigan Penal Code 750.193 was enacted in 1931 as part of Act 328. It has since undergone several amendments 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 750.193. For a comprehensive understanding of the law and its implications, it is advisable to consult with a legal professional.