Michigan Laws 800.282 – Persons not in violation of MCL 800.281; limitation on wine for use of clergy; applicability of MCL 800.281(3)
Current as of: 2023 | Check for updates
|
Other versions
(1) A person is not in violation of section 1 if all of the following occur:
(a) A licensed physician certifies in writing that the alcoholic liquor, prescription drug, or controlled substance is necessary for the health of the prisoner or employee.
Terms Used In Michigan Laws 800.282
- Alcoholic liquor: means any spirituous, vinous, malt, or fermented liquor, liquid, or compound whether or not medicated, containing 1/2 of 1% or more of alcohol by volume and which is or readily can be made suitable for beverage purposes. See Michigan Laws 800.281a
- Chief administrator: means the warden, superintendent, or other employee approved or designated by the department of corrections as the chief administrative officer of a correctional facility. See Michigan Laws 800.281a
- Controlled substance: means a drug, substance, or immediate precursor in schedules 1 to 5 of part 72 of 1978 PA 368, MCL 333. See Michigan Laws 800.281a
- Correctional facility: means any of the following:
(i) A state prison, reformatory, work camp, or community corrections center. See Michigan Laws 800.281ain writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Prescription drug: means prescription drug as defined in section 17708 of 1978 PA 368, MCL 333. See Michigan Laws 800.281a Prisoner: means a person committed to the jurisdiction of the department who has not been released on parole or discharged. See Michigan Laws 800.281a shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
(b) The certificate contains the following information:
(i) The quantity of the alcoholic liquor, prescription drug, or controlled substance which is to be furnished to the prisoner or employee.
(ii) The name of the prisoner or employee.
(iii) The time when the alcoholic liquor, prescription drug, or controlled substance is to be furnished.
(iv) The reason why the alcoholic liquor, prescription drug, or controlled substance is needed.
(c) The certificate has been delivered to the chief administrator of the correctional facility to which the prisoner is assigned or at which the employee works.
(d) The chief administrator of the correctional facility or the designee of the chief administrator approves in advance the sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance.
(e) The sale, giving, furnishing, bringing, or possession of the alcoholic liquor, prescription drug, or controlled substance is in compliance with the certificate.
(2) Not more than 2 ounces of wine for the use of the clergy may be brought into or onto a correctional facility by a person of the clergy of any religious denomination for clergy purposes.
(3) Section 1(3) shall not apply to the bringing of alcoholic liquor, prescription drugs, or controlled substances into or onto a correctional facility for the ordinary hospital supply of the correctional facility.
(4) Section 1(3) shall not apply to the bringing of any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a privately operated community corrections center or resident home which houses prisoners for the use of the owner, operator, or nonprisoner resident of that center or home if the owner or operator lives in the center or home, or for the use of a nonprisoner guest of the owner, operator, or nonprisoner resident.