THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.197d Selling, giving, or furnishing poison, a controlled substance, or weapon to a medically frail parolee or assisting a medically frail parolee in parole violation as a misdemeanor; inapplicable to certain skilled nursing staff or in certain emergency situations; definitions. Sec. 197d.

(1) A person who does any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both: (a) Sells, gives, or furnishes, either directly or indirectly, poison, a controlled substance, or a weapon to a medically frail parolee knowing that person is a medically frail parolee. This subdivision does not apply to a person who provides a controlled substance to a medically frail parolee if that controlled substance has been prescribed by a physician for use by a medically frail parolee. (b) With the intent to assist a medically frail parolee in violating his or her parole, assist a medically frail parolee in absconding or attempting to abscond from supervision by leaving a medical facility in which the medically frail parolee has agreed to reside as a condition of his or her medically frail parole without the permission of the parolee's supervising agent. (c) Knowingly cause a medically frail parolee to have contact with a person with whom the medically frail parolee is prohibited from having contact as a condition of his or her medically frail parole or a valid personal protection order. (2) This section does not apply to skilled nursing facility staff performing duties required of skilled nursing facilities under state and federal laws, rules, and regulations, including, but not limited to, section 20201(2) of the public health code, 1978 PA 368, MCL 333.20201, 42 CFR 483.10, and 42 CFR 483.12, that guarantee the rights of skilled nursing facility residents. (3) This section does not apply to a person who aids or assists a medically frail parolee in leaving or attempting to leave a medical facility in which the medically frail parolee has been placed as a condition of his or her medically frail parole because of any of the following: (a) The medically frail parolee requires a medical service that must be performed at a different medical facility. (b) The medically frail parolee has a medical emergency that requires medical service at a different medical facility. (c) There is a natural disaster, fire, or infrastructural failure at the medical facility in which the medically frail parolee has been placed that necessitates evacuating the medically frail parolee. (4) As used in this section: (a) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. (b) "Medical facility" means a hospital, hospice, nursing home, or other housing accommodation providing medical treatment suitable to the condition or conditions rendering the parolee medically frail. (c) "Medically frail parole" means a parole granted under section 35(10) of the corrections code of 1953, 1953 PA 232, MCL 791.235. (d) "Medically frail parolee" means an individual granted parole under section 35(10) of the corrections code of 1953, 1953 PA 232, MCL 791.235.

History: Add. 2019, Act 15, Eff. Aug. 21, 2019

Understanding Michigan Penal Code 750.197d: Selling, Giving, or Furnishing to a Medically Frail Parolee

Michigan Penal Code 750.197d addresses the offenses related to selling, giving, or furnishing certain items to a medically frail parolee, as well as assisting a medically frail parolee in parole violation. The section provides the applicable penalties, exceptions, and definitions.

Selling, Giving, or Furnishing to a Medically Frail Parolee

1. Poison, Controlled Substance, or Weapon: It is a misdemeanor offense for a person to sell, give, or furnish poison, a controlled substance, or a weapon to a medically frail parolee, knowing that the individual is a medically frail parolee. However, this provision does not apply if a physician has prescribed the controlled substance for the use of the medically frail parolee.
2. Assisting in Parole Violation: It is a misdemeanor offense for a person to assist a medically frail parolee in violating their parole by aiding them in absconding or attempting to abscond from supervision. Specifically, if a medically frail parolee leaves a medical facility where they were required to reside as a condition of their parole without the permission of their supervising agent, the person assisting is guilty of this offense.
3. Prohibited Contact: Knowingly causing a medically frail parolee to have contact with a person with whom they are prohibited from having contact, either by the conditions of their parole or a valid personal protection order, is also a misdemeanor offense.

Exceptions

1. Skilled Nursing Facility Staff: This section does not apply to staff members of skilled nursing facilities who are performing duties required by state and federal laws, rules, and regulations that protect the rights of skilled nursing facility residents.
2. Assisting a Medically Frail Parolee: This section does not apply to a person who aids or assists a medically frail parolee in leaving or attempting to leave a medical facility under certain circumstances:
   • If the parolee requires a medical service that must be performed at a different medical facility.
   • If the parolee has a medical emergency that requires treatment at a different medical facility.
   • If there is a natural disaster, fire, or infrastructural failure at the medical facility, necessitating the evacuation of the medically frail parolee.

Definitions

• Controlled Substance: Refers to substances classified as controlled substances under section 7104 of the public health code.
• Medical Facility: Refers to hospitals, hospices, nursing homes, or other housing accommodations providing suitable medical treatment for the condition(s) of the medically frail parolee.
• Medically Frail Parole: Refers to parole granted under section 35(10) of the corrections code of 1953.
• Medically Frail Parolee: Refers to an individual who has been granted parole under section 35(10) of the corrections code of 1953 and meets the criteria for being medically frail.

Historical Background

Michigan Penal Code 750.197d was added in 2019 as part of Act 15. This addition was made to address the offenses specifically related to the selling, giving, or furnishing of certain items to medically frail parolees and to establish penalties for assisting them in parole violation.

Please note that this summary provides a simplified explanation of Michigan Penal Code 750.197d. For a comprehensive understanding of the law and its implications, it is advisable to consult with a legal professional.