Legal Question in Criminal Law in Michigan

Re: Prisoner's 001 escape

The criminal statute that applies to "prison escape" (a 5-year felony) is probably MCL 750.193 (go to http://www.michiganlegislature.org/law/GetObject.asp?objName=750-193&queryid=423054&highlight=escape to see the text). The work release violation language is in paragraph (3).

"Jail escape" is a 2-year felony. The language is found at http://www.michiganlegislature.org/law/GetObject.asp?objName=750-195&queryid=423054&highlight=escape. Again, the work release provision is in paragraph (3).

Neither statute provides a 24-hour grace period.

Work release itself is a "grace" (a PRIVILEGE). Any violation of the release time should be dealt with severely by the prison officials. By rights, your fiance should have been locked up 24 hours a day, but was given the privilege to leave for certain hours, for a certain reason. He violated those terms twice.

Normally, "prison escape" is charged as a crime when there is an overt attempt to leave the jail/prison, or an overt act to avoid returning to prison from a lawful release. If he was just late returning because of his work, the matter could have been handled as an administrative action where his work release privilege was cancelled, but he was not charged with the criminal offense of "escape".

When it comes to the parole board releasing someone from prison, even such an administrative action could cause the board to not release him at his earliest out-date.

Unfortunately, the Michigan Department of Corrections web site (http://www.state.mi.us/mdoc/) does not post the rules that the parole board uses when it considers cases like this.