Title 791, DEPARTMENT OF CORRECTIONS

Sec. 35. (1) The release of a prisoner on parole must be granted solely upon the initiative of the parole board. There is no entitlement to parole. The parole board may grant a parole without interviewing the prisoner if, after evaluating the prisoner according to the parole guid…

Sec. 36. (1) All paroles must be ordered by the parole board and must be signed by the chairperson. Written notice of the order must be sent by first-class mail or by electronic means to the prosecuting attorney and the sheriff or other police officer of the municipality or count…

Sec. 36a. (1) Except as provided in subsection (6), the parole board shall include in each order of parole that the department collect a parole supervision fee of $30.00 multiplied by the number of months of parole ordered, but not more than 60 months if the individual is placed …

Sec. 37. (1) When a prisoner is released upon parole, the department shall provide the prisoner with clothing and a nontransferable ticket to the place in which the paroled prisoner is to reside. At the discretion of the deputy director in charge of the field operations administr…

Sec. 38. (1) Each prisoner on parole shall remain in the legal custody and under the control of the department. The deputy director of the bureau of field services, upon a showing of probable violation of parole, may issue a warrant for the return of any paroled prisoner. Pending…

Sec. 39. A probation officer, a parole officer, a peace officer of this state, or an employee of the department other than a probation or parole officer who is authorized by the director to arrest parole violators may arrest without a warrant and detain in any jail of this state …

Sec. 39a. (1) Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact-finding hearing held pursuant…

Sec. 40. (1) If a prisoner serving a sentence for conviction of a violent felony is placed on parole, both of the following special provisions apply: (a) The supervising parole agent shall make a home call within the first 45 days after the prisoner is placed on parole. (b) The s…

Sec. 40a. (1) After a prisoner is released on parole, the prisoner's parole order is subject to revocation at the discretion of the parole board for cause as provided in this section. (2) If a paroled prisoner who is required to register pursuant to the sex offenders registration…

Sec. 41. When the parole board has determined the matter it shall enter an order rescinding such parole, or reinstating the original order of parole or enter such other order as it may see fit.

Sec. 42. (1) If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the full sentence …

Sec. 43. All applications for pardons, reprieves and commutations shall be filed with the parole board upon forms provided therefor by the parole board, and shall contain such information, records and documents as the parole board may by rule require.

Sec. 44. (1) Subject to the constitutional authority of the governor to grant reprieves, commutations, and pardons, 1 member of the parole board shall interview a prisoner serving a sentence for murder in the first degree or a sentence of imprisonment for life without parole at t…

Sec. 44a. (1) Upon a request from the governor under this section to expedite the review and hearing process for a reprieve, commutation, or pardon based in part on a prisoner's medical condition, the parole board shall do all of the following, as applicable: (a) Not more than 10…

Sec. 45. In the conduct of any hearing or investigation as herein provided any member of the parole board may administer the oath to any witness.

Sec. 46. All decisions and recommendations of the parole board required by this act must be by a majority vote of the parole board or, except as otherwise prohibited by this act, a parole board panel created pursuant to section 6(2).

Sec. 51. (1) There is created within the department a hearings division. The division is under the direction and supervision of the hearings administrator who is appointed by the director of the department. (2) Except as otherwise provided in this section, the hearings division i…

Sec. 52. The following procedures shall apply to each prisoner hearing conducted pursuant to section 51(2): (a) The parties shall be given an opportunity for an evidentiary hearing without undue delay. (b) The parties shall be given reasonable notice of the hearing. (c) If a part…

Sec. 53. (1) The department shall prepare an official record of a hearing which shall include: (a) Questions and offers of proof, objections, and rulings on the objections. (b) Matters officially noticed, except a matter so obvious that a record would not serve a useful purpose. …

Sec. 54. (1) The department shall provide for a rehearing of a matter that was subject to a hearing, pursuant to this section. A rehearing may be ordered by the hearings administrator after a review of the record of the hearing. A rehearing may be held upon the request of a party…

Sec. 55. (1) A prisoner aggrieved by a final decision or order of a hearings officer shall file a motion or application for rehearing in order to exhaust his or her administrative remedies before seeking judicial review of the final decision or order. (2) Within 60 days after the…

Sec. 56. (1) A prisoner sentenced under the laws of this state who is imprisoned in another state pursuant to the interstate corrections compact is entitled to hearings pursuant to subsection (6) of article IV of the interstate corrections compact. (2) A prisoner is not entitled …

Sec. 58. This chapter shall be known and may be cited as the "parole sanction certainty act".

Sec. 58a. As used in this chapter: (a) "Confinement sanction" means a violation sanction resulting in confinement in a departmental facility or local county jail for not more than 60 days. (b) "Controlled substance" means that term as defined under section 7104 of the public heal…

Sec. 58b. (1) The parole sanction certainty program is established within the department. By January 1, 2018, the department shall adopt a system of graduated sanctions for violations of conditions of parole for offenders supervised under the parole sanction certainty program. Th…

Sec. 58c. (1) Subject to subsection (3), the parole sanction certainty program described in section 58b must set forth a list of presumptive graduated sanctions for the most common types of supervision violations, including, but not limited to, failing to report, failing to parti…

Sec. 58d. A supervised individual is subject to 1 of the following for violating any condition of his or her parole sanction certainty supervision: (a) A nonconfinement sanction. (b) A confinement sanction. (c) Parole revocation proceedings under section 40a and possible incarcer…

Sec. 58e. During the initial orientation with his or her supervising agent, a supervised individual must be informed in person of the conditions of his or her parole sanction certainty supervision. The supervised individual shall also sign a written agreement to abide by those co…

Sec. 58f. (1) The department may do either of the following if an individual violates a condition of parole sanction certainty supervision: (a) Modify the conditions of parole sanction certainty supervision for the limited purpose of imposing graduated sanctions. (b) Place the in…

Sec. 58g. (1) The department shall review the use of confinement sanctions by supervising agents in the counties where the parole sanction certainty program is implemented on a biannual basis to assess any disparities that may exist among the supervising agents' use of confinemen…

Sec. 61. There is hereby established within the department, a bureau of prisons. This bureau shall be under the direction and supervision of the assistant director in charge of the bureau of penal institutions.

Sec. 62. (1) As used in this section: (a) "Holding cell" means a cell or room in a facility of a local unit of government that is used for the detention of 1 or more persons awaiting processing, booking, court appearances, transportation to a jail or lockup, or discharge for not …

Sec. 62a. (1) A local lockup advisory board is created within the bureau of prisons. The board shall consist of 7 members appointed for a period of 4 years. The director of each of the following shall appoint 1 member: (a) The department of state police. (b) The Michigan associat…

Sec. 62b. (1) The rules and standards promulgated under section 62(3) do not prohibit the housing of 2 inmates in a county jail cell that is designed and constructed for single occupancy and that meets either of the following conditions: (a) The cell is at least 65 square feet in…

Sec. 62c. (1) The rules and standards promulgated under section 62(3) shall not prohibit the housing of 2 or more inmates in a county jail cell which is designed and constructed for housing 2 or more inmates, and which meets all of the following conditions: (a) The basic cell has…

Sec. 62d. (1) The department shall develop rehabilitation plans for prisoners in the custody of the department who are approximately 18 to 22 years of age that specifically take the prisoner's age into consideration. (2) The department shall provide, to the extent it is able to d…

Sec. 63. (1) The wardens of the correctional facilities of this state shall be appointed by the director of corrections and shall be within the state civil service. The assistant director in charge of the bureau of correctional facilities shall, subject to the approval of the dir…

Sec. 63a. (1) A person employed by the department of corrections in a correctional facility who is injured as a result of an assault by a prisoner housed in the correctional facility or injured during a riot shall receive his or her full wages by the department of corrections unt…

Sec. 64. (1) The assistant director in charge of the bureau of correctional facilities shall classify the prisoners in correctional facilities. The assistant director shall appoint a classification committee from the staff of each correctional facility, which committee shall perf…

Sec. 65. (1) Under rules promulgated by the director of the department, the assistant director in charge of the bureau of correctional facilities, except as otherwise provided in this section, may cause the transfer or re-transfer of a prisoner from a correctional facility to whi…

Sec. 65a. (1) Under prescribed conditions, the director may extend the limits of confinement of a prisoner when there is reasonable assurance, after consideration of all facts and circumstances, that the prisoner will not become a menace to society or to the public safety, by aut…

Sec. 65b. (1) As used in this section: (a) "Medical institution" means that term as defined in section 106(2) of Act No. 280 of the Public Acts of 1939, as amended, being section 400.106 of the Michigan Compiled Laws. (b) "Mentally or physically disabled prisoner" means a prisone…

Sec. 65c. (1) As used in this section, "work camp" means a correctional facility that houses prisoners who are made available for work as provided in subsection (3). (2) The department may construct, maintain, and operate work camps for the purpose of housing prisoners who are un…

Sec. 65d. (1) If 1 or more of the following occur, the department shall make an entry in the law enforcement information network: (a) A prisoner escapes from a state correctional facility. (b) A parole violation warrant is issued. (2) If 1 or more of the following occur, the depa…

Sec. 65e. When a prisoner is transferred into a community placement facility of any kind, including a community corrections center, halfway house, or resident home, the department shall send notice of the transfer from the corrections management information system via the law enf…

Sec. 65f. (1) Beginning September 30, 1990, a prisoner who is serving a sentence for conviction of an assaultive crime shall not be placed in a privately owned, noncommercial residential dwelling used for housing prisoners. (2) Beginning on the effective date of this section, for…