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HB 5912

Criminal procedure: sentencing; mandatory sentencing for certain crimes regarding contraband in jails; require. Amends secs. 2, 2a, 3 & 5 of 1981 PA 7 (MCL 801.262 et seq.).

2025-2026 Regular Session Introduced by Will Bruck and 5 co-sponsors

HB 5912 tightens jail contraband rules by criminalizing bringing or distributing weapons, alcohol, drugs, and cellphones into jails, with strong felonies and confiscation rules.

bill electronically reproduced 04/29/2026
#criminalprocedure:sentencing
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Bill Summary · HB 5912

Summary of HB 5912 (2025-2026) — Michigan

Purpose and Intent

HB 5912 proposes to strengthen penalties and tighten enforcement around contraband and prohibited items in jails. The bill focuses on prohibiting the introduction of weapons, cellphones, alcohol, controlled substances, and related items into jail facilities, with heightened penalties for violations by both entry violators and by prisoners themselves. It also includes a provision to avoid duplicative prosecution when a violation involves a controlled substance with greater penalties under another statute.

Key Provisions and Changes

  • Sections Affected: Amends sections 2, 2a, 3, and 5 of 1981 PA 7 (MCL 801.262, 801.262a, 801.263, and 801.265); references to sections 2a (as added by 2012 PA 256) and section 5 (as amended by 1999 PA 28).

  • Section 2 — Prohibition on weapons/items in jails (non-authorized)

    • Prohibits bringing into a jail or grounds appurtenant to a jail, or onto jail grounds, any weapon or item that could injure someone or aid in escaping, unless authorized by the jail chief administrator.
    • Prohibits selling or furnishing such items to prisoners, or disposing of them in a way that makes them accessible to prisoners.
    • Penalty: Felony with imprisonment for life or any term of years, but not less than 5 years (for violators under subsection (1)(a)).

  • Section 2a — Prohibition on cellular phones/wireless devices in jails

    • Prohibits selling, giving, or furnishing cellular phones or wireless devices to prisoners, or disposing of such devices in jail environments.
    • Prohibits prisoners from possessing or using cellular/wireless devices unless authorized by jail leadership.
    • Penalty (prisoner violation): Felony with a minimum sentence of 1 year and maximum of 5 years.
    • Confiscation/Disposal: Devices found in violation are subject to confiscation as contraband. Serviceable devices not needed for prosecution may be donated to nonprofit groups serving military personnel or other approved charities.

  • Section 3 — Prohibition on alcohol and controlled substances in jails (non-authorized)

    • Prohibits bringing alcohol or controlled substances into jail or related buildings, or selling/furnishing them to prisoners, or disposing of them to give access to prisoners.
    • Penalty: Felony with imprisonment for life or not less than 5 years (for violators).

  • Prisoner Possession Provisions (Sections 2 and 3)

    • Mirror provisions for prisoners: inmates cannot possess weapons, alcohol, or controlled substances, with corresponding felony penalties (life imprisonment to at least 5 years).

  • Section 5 — General penalties; exceptions and relation to other statutes

    • General rule: Violations of the act are felonies punishable by up to 5 years in prison, or fines up to $1,000, or both, unless other sections apply.
    • Exception: If a violation of section 3 involves a controlled substance that carries penalties under the Public Health Code (PHC) greater than 5 years, the case shall not be prosecuted under this act for that substance-related violation (i.e., the PHC penalties apply instead).
    • Effective Date: The act becomes effective 90 days after enactment.

Who is Affected

  • Individuals (non-prisoners): Those who attempt to bring weapons, alcohol, or controlled substances into jails; those who sell or furnish such items to prisoners; individuals who dispose of contraband in jail settings; and those who traffic cellular phones or other wireless devices to prisoners.
  • Prisoners/Inmates: Prohibited from possessing or using weapons, alcohol, or controlled substances within jail settings unless explicitly authorized; penalties apply for violations.
  • Jail Administrators: Given authority to authorize certain items or usage and determine compliance, with the chief administrator’s approval necessary to permit certain items or activities.
  • Confiscated Devices: Serviceable devices confiscated under section 2a may be donated to charities or military-support organizations, subject to facility warden approval.

Procedural and Timeline Aspects

  • Enactment and Effective Date: If enacted, the act takes effect 90 days after enactment.
  • Penalty Alignment: Some penalties align with existing felony scales, ranging from 1 to 5 years for device-related offenses, and lifetime to 5+ years for weapons/substance offenses.
  • Consolidation with Other Statutes: Section 5 includes a specific interaction rule with the Public Health Code for controlled-substance offenses, clarifying when PHC penalties supersede HB 5912 penalties.

Observations

  • The bill emphasizes strict control of contraband and increases minimum penalties for facilitating access to weapons, alcohol, or drugs in jail settings.
  • It introduces a formal process for handling confiscated devices and prioritizes donations to approved charities.
  • The 90-day effective window is intended to allow implementation planning and policy alignment within jail administrations.

If you’d like, I can provide a side-by-side comparison with current law or a plain-language FAQ for community members.

Compiled from official sources — confirm details with the bill’s official record.

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