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.
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-XXXII - Chapter XXXII Escapes, Rescues, Jail and Prison Breaking (750.183...750.199a)
Section 750.183 - Facilitating Escape of or Assisting Prisoners; Penalty.
Section 750.184 - Aiding Escape From Officer; Penalty.
Section 750.185 - Repealed. 2018, Act 140, Eff. Aug. 8, 2018.
Section 750.187 - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
Section 750.188 - Voluntarily Suffering Prisoner to Escape.
Section 750.189 - Negligently Suffering Escape; Refusing to Receive Prisoner.
Section 750.190 - Receiving Reward for Assisting an Escape.
Section 750.191 - Refusing, Omitting, and Delaying to Serve Process.
Section 750.192 - Prisoners of Wisconsin Being Transported.
Section 750.194 - Repealed. 1985, Act 52, Imd. Eff. June 14, 1985.
Section 750.196 - Breaking Prison; County Work Farm, Factory or Shop.
Section 750.197a - Breaking or Escaping From Lawful Custody Under Criminal Process.
Section 750.197b - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
Section 750.198 - Repealed. 1974, Act 258, Eff. Aug. 6, 1975.
Section 750.199a - Absconding or Forfeiting Bond in Criminal or Paternity Proceedings; Felony.