Sec. 23.
(1) If a person who has been lawfully arrested escapes or is rescued, the person from whose custody he or she escaped or was rescued may immediately pursue and retake him or her at any time and in any place within the state without a warrant.
(2) If a prisoner escapes from a state correctional facility, or willfully fails to remain within the extended limits of his or her confinement as prescribed in section 65a of 1953 PA 232, MCL 791.265a, the prisoner may be pursued and arrested, without a warrant, by a person who is either of the following:
(a) An employee of the department of corrections who is designated by the director of the department of corrections as having the authority to pursue and arrest escaped prisoners.
(b) An employee of a private vendor that operates a youth correctional facility under section 20g of 1953 PA 232, MCL 791.20g, if that employee meets the same criteria established by the director of the department of corrections for departmental employees described in subdivision (a).
(3) As used in this section, "state correctional facility" means any facility that houses prisoners committed to the jurisdiction of the department of corrections, including a prison, reformatory, camp, community corrections center, halfway house, resident home, or a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.232.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17157 ;-- CL 1948, 764.23 ;-- Am. 1988, Act 137, Imd. Eff. June 1, 1988 ;-- Am. 1998, Act 511, Imd. Eff. Jan. 8, 1999
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-IV - Chapter IV Arrest (764.1...764.29)
Section 764.1b - Warrant; Recitation of Accusation; Directions to Peace Officer.
Section 764.1d - Complaint; Recitation of Accusation; Factual Allegations.
Section 764.1g - Arrest Warrant; Determination That Person Is Parolee; Use of Lein; Notice.
Section 764.2 - Warrant; Pursuit and Apprehension of Party in Other County; Aid.
Section 764.2b - Authority and Immunity of Law Enforcement Officer of Another State; Definitions.
Section 764.6 - Recognizance; Certification; Delivery.
Section 764.8 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 764.9 - Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.
Section 764.9a - Minor Offense; Written Order for Summons; Contents; Service.
Section 764.9b - Repealed. 1999, Act 76, Eff. Oct. 1, 1999.
Section 764.9d - Complaint; Filing; Contents; Dismissal.
Section 764.9f - Appearance Ticket; Definition; Consecutive Numbering; Form; Contents; Modification.
Section 764.9g - Magistrates Jurisdiction; Pleas, Complaint.
Section 764.10-764.12 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 764.14 - Arrest by Private Person; Disposition of Arrested Person; Complaint.
Section 764.15 - Arrest by Officer Without Warrant; Situations; Circumstances.
Section 764.15d - Federal Law Enforcement Officer; Powers.
Section 764.16 - Arrest by Private Person; Situations.
Section 764.17 - Arrest; Time.
Section 764.18 - Arrest; Under Warrant; Duty of Officer.
Section 764.19 - Arrest; Without Warrant; Officer, Duties; Return as Evidence.
Section 764.20 - Arrest; Private Persons, Duty.
Section 764.21 - Right to Break Open Inner or Outer Door.
Section 764.22 - Right to Break Open Door or Window.
Section 764.24 - Arrest; Escape or Rescue; Means of Recapture.
Section 764.25 - Arrest; Weapons and Articles on Prisoner; Seizure, Disposal.
Section 764.25a - Strip Search.
Section 764.25b - Body Cavity Search.
Section 764.25c - Repealed. 1983, Act 92, Eff. Mar. 29, 1984.
Section 764.26 - Arrest; Rights of Alleged Felon.
Section 764.26a - Dismissal of Charges Before Trial; Requirements; Receipt of Order.
Section 764.27 - Arrest of Child Less Than 18 Years of Age; Procedure.