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232-1953-I - Chapter I Department of Corrections. (791.201...791.220j)
Section 791.201 - State Department of Corrections; Creation; Powers and Duties; Administration; Michigan Corrections Commission; Appointment, Qualifications, and Terms of Members; Officers and Assistants; Director as Executive Head; Vacancy; Compensa... - Sec. 1. There is hereby created a state department of...
Section 791.201a - Short Title. - Sec. 1a. This act shall be known and may be...
Section 791.202 - Michigan Corrections Commission; Election of Chairperson and Other Officers; Meetings; Quorum; Powers and Duties; Conducting Business at Public Meeting; Notice. - Sec. 2. (1) The commission shall elect annually a chairperson...
Section 791.203 - Corrections Commission; Director of Corrections, Appointment, Qualifications, Salary, Powers and Duties. - Sec. 3. The commission shall appoint a director of corrections...
Section 791.204 - State Department of Corrections; Jurisdiction. - Sec. 4. Subject to constitutional powers vested in the executive...
Section 791.205 - Corrections Commission; Assistant Directors, Powers and Duties. - Sec. 5. The director, subject to the approval of the...
Section 791.205a - Employment or Appointment by Department of Person Convicted or Charged With Felony; Prohibition; Exception; Policy. - Sec. 5a. (1) Except as otherwise provided in this section,...
Section 791.206 - Rules. - Sec. 6. (1) The director may promulgate rules pursuant to...
Section 791.207 - Report to Governor and Legislature; Time; Order by Board of Auditors; Printing and Distribution. - Sec. 7. On or before the 15th day of January...
Section 791.207a - Records of Department; Accessibility by Governing Bodies of Senate and House Fiscal Agency. - Sec. 7a. (1) Except as provided in subsection (2), the...
Section 791.208 - Division of Criminal Statistics; Powers and Duties of Director. - Sec. 8. Within the department there shall be established a...
Section 791.208a - Definitions; Recidivism Rates; Collection and Maintenance of Data; Manner. - Sec. 8a. (1) As used in this act: (a) "Recidivism"...
Section 791.209 - Corrections Commission; Crime Prevention and Criminology Research. - Sec. 9. The commission shall study the problem of crime...
Section 791.210 - Corrections Commission; Bond of Officers and Employees, Purpose. - Sec. 10. The commission may require a bond from any...
Section 791.211 - Corrections Commission; Powers and Duties. - Sec. 11. The commission shall exercise the powers and duties...
Section 791.211a - Interstate Corrections Compact; Contracts; Suitability of Institutions for Confinement; Out-of-State Transfer of Prisoners; Conditions. - Sec. 11a. (1) The director of corrections may enter into...
Section 791.212 - Michigan Corrections Commission; Seal; Rules and Orders; Records and Papers as Evidence; Commission as Body Corporate; Leasing Lands and Granting Easements; Availability of Certain Writings to Public. - Sec. 12. (1) The commission shall devise a seal, and...
Section 791.213 - Corrections Commission; Gifts, Donations, Bonds, Real or Personal Property; Purpose. - Sec. 13. The commission may receive on behalf of the...
Section 791.214 - Corrections Commission; Estimation of Needs and Cost, Submission to Department of Administration. - Sec. 14. The commission shall prepare for submission to the...
Section 791.214a - Family Reunification Policy; Family Advisory Board; Creation; Membership, Duties. - Sec. 14a. (1) The department shall create a family reunification...
Section 791.215 - “Correctional Facility” Defined. - Sec. 15. As used in this act, "correctional facility" means...
Section 791.216 - Establishment of Correctional Facility; Determination of Need; Comprehensive Plan; Notice of Proposal; Local Advisory Board; Public Hearing Required; Procedure; Public Notice of Hearings; Minutes of Hearing; Finding and Notice of Fi... - Sec. 16. (1) The department shall develop a comprehensive plan...
Section 791.217 - Action for Noncompliance With Site Selection Process. - Sec. 17. (1) A person who resides in the city,...
Section 791.218 - Relations With City, Village, or Township in Which Facility Located; Duties of Advisory Committee or Advisory Board. - Sec. 18. After a correctional facility is established, the department...
Section 791.219 - Applicability of MCL 791.215 to 791.219 to Correctional Facilities. - Sec. 19. This section and sections 15 to 18 shall...
Section 791.220-791.220c - Repealed. 1995, Act 28, Imd. Eff. May 10, 1995. - Compiler's Notes: The repealed sections pertained to definitions, corrections regions,...
Section 791.220d - Repealed. 1987, Act 176, Imd. Eff. Nov. 19, 1987. - Compiler's Notes: The repealed section pertained to demolition of Michigan...
Section 791.220e - Scott Correctional Facility; Western Wayne Correctional Facility; Capacity Limits; Increase. - Sec. 20e. (1) Except as provided in subsection (2), not...
Section 791.220f - Construction of Correctional Facility; Requirements; Definition. - Sec. 20f. (1) A correctional facility constructed after the effective...
Section 791.220g - Youth Correctional Facility. - Sec. 20g. (1) The department may establish a youth correctional...
Section 791.220h - Order of Restitution; Deductions and Payments. - Sec. 20h. (1) If a prisoner is ordered to pay...
Section 791.220i - Correctional Facility Described in MCL 791.220g; Use; Interlocal Agreement; Contract for Housing, Custody, and Care of Detainees or Inmates From Other Agencies; Requirements; Performance of Duties by Personnel; Oversight; Civil Lia... - Sec. 20i. (1) If the correctional facility described in section...
Section 791.220j - Contract Resulting in Annual Savings; Employment Consideration. - Sec. 20j. (1) This act does not prohibit the department...
232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a)
Section 791.221 - Bureau of Probation; Creation; Supervision. - Sec. 21. There is hereby established within the department a...
Section 791.222 - Probation Officers; Appointment, Supervision, and Removal; Grounds for Removal of Probation Employee; Receipt of Compensation, Gift, or Gratuity as Misdemeanor; Powers and Duties of Commission. - Sec. 22. (1) The commission shall appoint, supervise, and remove...
Section 791.223 - Assistant Director as Administrative Head; Powers and Duties; Forms for Reports by Probation Officers. - Sec. 23. The assistant director in charge of probation shall...
Section 791.223a - Probation Personnel as Members of State Classified Civil Service; Compensation of County Probation Employees; Plan; Rents, Contractual Services, Supplies, Materials, and Equipment. - Sec. 23a. (1) Effective April 1, 1980, all probation personnel...
Section 791.224 - Repealed. 1979, Act 89, Eff. Apr. 1, 1980. - Compiler's Notes: The repealed section pertained to division of state...
Section 791.225 - Probation Service; Compensation of Probation Officers; Service Grants. - Sec. 25. Where the courts of more than 1 county...
Section 791.225a - Supervision Fees; Collection; Records; Payment; Waiver; Allocation of Money Collected for Other Obligations; Administrative Costs; Enhanced Services; Unpaid Amounts; "Electronic Monitoring Device" Defined. - Sec. 25a. (1) The department shall collect supervision fees ordered...
Section 791.226 - Repealed. 1972, Act 179, Imd. Eff. June 16, 1972. - Compiler's Notes: The repealed section excepted certain probation departments from...
Section 791.227 - Repealed. 1979, Act 89, Eff. Apr. 1, 1980. - Compiler's Notes: The repealed section declared act inapplicable to juvenile...
Section 791.228 - Information on Juvenile Probationers; Assistance; Free Access to Books, Records, Files, and Documents. - Sec. 28. (1) The department of social services and the...
Section 791.229 - Privileged or Confidential Communications; Access to Records, Reports, and Case Histories; Confidential Relationship Inviolate. - Sec. 29. Except as otherwise provided by law, all records...
Section 791.230 - Repealed. 1994, Act 131, Imd. Eff. May 19, 1994. - Compiler's Notes: The repealed section pertained to exemption from disclosure...
Section 791.230a - Exemptions From Disclosure Under Freedom of Information Act. - Sec. 30a. The home addresses, telephone numbers, and personnel records...
232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246)
Section 791.231 - Bureau of Field Services; Establishment; Direction and Supervision by Deputy Director; Appointment; Duties; Assistants. - Sec. 31. There is established within the department a bureau...
Section 791.231a - Parole Board; Establishment; Appointment, Terms, and Removal of Members; Vacancy; Salary and Expenses; Designation and Responsibility of Chairperson; Powers and Duties. - Sec. 31a. (1) Beginning October 1, 1992, there is established...
Section 791.231b - Parole Denials; Report. - Sec. 31b. (1) The department shall submit a quarterly report...
Section 791.232 - Repealed. 1992, Act 181, Eff. Nov. 15, 1992. - Compiler's Notes: The repealed section pertained to establishment of parole...
Section 791.233 - Grant of Parole; Conditions; Paroles-in-Custody; Rules. - Sec. 33. (1) The grant of a parole is subject...
Section 791.233a - Repealed. 1982, Act 314, Imd. Eff. Oct. 15, 1982. - Compiler's Notes: The repealed section pertained to determining prisoner's fitness...
Section 791.233b - Eligibility for Parole; Minimum Term. - Sec. 33b. Except for a prisoner granted parole under section...
Section 791.233b[1] - “Major Controlled Substance Offense” Defined. - Sec. 33b. As used in section 34, "major controlled substance...
Section 791.233c - “Prisoner Subject to Disciplinary Time” Defined. - Sec. 33c. As used in this act, "prisoner subject to...
Section 791.233d - Samples for DNA Identification Profiling. - Sec. 33d. (1) Each prisoner serving a sentence in a...
Section 791.233e - Parole Guidelines; Rules; Reasons for Departure From Guidelines; Waiver for Subsequent Review; Report. - Sec. 33e. (1) The department shall develop parole guidelines that...
Section 791.234 - Prisoners Subject to Jurisdiction of Parole Board; Indeterminate and Other Sentences; Termination of Sentence; Prisoner Sentenced to Imprisonment for Life; Ineligibility for Parole; Criteria for Placement on Parole; Conditions; Inte... - Sec. 34. (1) Except for a prisoner granted parole under...
Section 791.234a - Placement of Prisoner in Special Alternative Incarceration Unit. - Sec. 34a. (1) A prisoner sentenced to an indeterminate term...
Section 791.234b - Placement of Prisoner on Parole; Release to United States Immigration and Customs Enforcement; Deportation. - Sec. 34b. (1) Notwithstanding sections 33 and 34, and subject...
Section 791.234c - Prisoner Reentry; Identification Documents; Refusal of Prisoner to Obtain Documents; Written Information to Be Provided to Prisoner; Electronic Access by Secretary of State to Prisoner Information; Reentry Success Fund. - Sec. 34c. (1) The department, by contract or otherwise, shall...
Section 791.234d - Documents to Be Issued Prisoner Upon Release; Certificate of Employability; Issuance; Revocation; False Statement or Representation as Misdemeanor; Confirmation of Validity; Form; Liability of Department for Certain Actions. - Sec. 34d. (1) When a prisoner is released, the department...
Section 791.235 - Release of Prisoner on Parole; Procedure; Medical Parole for Medically Frail; Definitions. - Sec. 35. (1) The release of a prisoner on parole...
Section 791.236 - Order of Parole; Notice; Rescission; Amendment; Individualized Conditions; Supervision; Restitution; Payment of Parole Supervision Fee; Condition Requiring Payment of Assessment or Minimum State Cost; Compliance With Sex Offenders R... - Sec. 36. (1) All paroles must be ordered by the...
Section 791.236a - Collection of Supervision Fee by Parole Board; Payment; Allocation of Money Collected for Other Obligations; Waiver of Fee; Determination and Collection of Fee for Offender Transferred to State Under Interstate Compact; Administrat... - Sec. 36a. (1) Except as provided in subsection (6), the...
Section 791.237 - Paroled or Discharged Prisoner; Furnishing Clothing, Transportation, and Money; Repayment of Money; Prisoner Identification Card; Cost of Implementing Section. - Sec. 37. (1) When a prisoner is released upon parole,...
Section 791.238 - Custody of Paroled Prisoner; Warrant for Return of Paroled Prisoner; Incarceration Pending Hearing; Treatment as Escaped Prisoner; Time During Parole Violation Not Counted as Time Served; Forfeiture of Good Time; Committing Crime Wh... - Sec. 38. (1) Each prisoner on parole shall remain in...
Section 791.239 - Paroled Prisoner; Arrest Without Warrant. - Sec. 39. A probation officer, a parole officer, a peace...
Section 791.239a - Arrest for Alleged Parole Violation; Right to Preliminary Hearing; Notice of Hearing; Rights at Hearing; Postponement; Notice of Charges, Summary of Evidence, and Determination of Guilt When Preliminary Hearing Not Held. - Sec. 39a. (1) Within 10 days after an arrest for...
Section 791.240 - Prisoner Convicted of Violent Felony; Placement on Parole; Special Provisions; History of Substance Abuse; Report; Definitions. - Sec. 40. (1) If a prisoner serving a sentence for...
Section 791.240a - Parole; Revocation; Violation; Right to Fact-Finding Hearing; Time and Location of Hearing; Parolee Determined to Be Indigent; Appointment of Attorney; Notice; Rights at Hearing; Postponement; Notice to Director if Hearing Not Cond... - Sec. 40a. (1) After a prisoner is released on parole,...
Section 791.241 - Order Rescinding or Reinstating Parole. - Sec. 41. When the parole board has determined the matter...
Section 791.242 - Final Order of Discharge; Certificate; Period of Parole. - Sec. 42. (1) If a paroled prisoner has faithfully performed...
Section 791.243 - Applications for Pardon; Filing, Information. - Sec. 43. All applications for pardons, reprieves and commutations shall...
Section 791.244 - Parole Board Interview of Prisoner Serving Sentence for First Degree Murder or Sentence of Imprisonment for Life Without Parole; Board Duties Upon Own Initiation or Receipt of Application for Reprieve, Commutation, or Pardon; Except... - Sec. 44. (1) Subject to the constitutional authority of the...
Section 791.244a - Reprieve, Commutation, or Pardon; Request From Governor to Expedite Review and Hearing Process; Basis; Duties of Parole Board; Files as Public Record. - Sec. 44a. (1) Upon a request from the governor under...
Section 791.245 - Hearing; Administering Oath to Witness. - Sec. 45. In the conduct of any hearing or investigation...
Section 791.246 - Decisions and Recommendations of Parole Board; Majority Vote Required. - Sec. 46. All decisions and recommendations of the parole board...
232-1953-IIIA - Chapter Iiia (791.251...791.256)
Section 791.251 - Hearings Division; Creation; Appointment and Duties of Hearing Administrator; Duties of Hearings Division; Supervision and Qualifications of Hearing Officer. - Sec. 51. (1) There is created within the department a...
Section 791.252 - Procedures Applicable to Prisoner Hearing. - Sec. 52. The following procedures shall apply to each prisoner...
Section 791.253 - Official Record of Hearing; Preparation; Contents; Exclusion of Certain Evidence. - Sec. 53. (1) The department shall prepare an official record...
Section 791.254 - Rehearing; Order; Request; Conduct; Evidence; Amending or Vacating Decision or Order; Rules. - Sec. 54. (1) The department shall provide for a rehearing...
Section 791.255 - Motion or Application for Rehearing; Exhaustion of Administrative Remedies; Application for Direct Review in Circuit Court; Transmitting Copy of Record to Court; Proof of Procedural Irregularity; Scope of Review; Action by Court. - Sec. 55. (1) A prisoner aggrieved by a final decision...
Section 791.256 - Prisoners Confined in Another State; Right to Hearings. - Sec. 56. (1) A prisoner sentenced under the laws of...
232-1953-IIIB - Chapter Iiib (791.258...791.258g)
Section 791.258 - Chapter Short Title. - Sec. 58. This chapter shall be known and may be...
Section 791.258a - Definitions. - Sec. 58a. As used in this chapter: (a) "Confinement sanction"...
Section 791.258b - Parole Sanction Certainty Program; Establishment; Adoption of System of Graduated Sanctions; Placement of Offenders; Determination; Implementation of Program; Consultation With Local Law Enforcement. - Sec. 58b. (1) The parole sanction certainty program is established...
Section 791.258c - Common Types of Supervision Violations; List of Presumptive Graduated Sanctions; Factors; Process to Review and Approve or Reject; Confinement Sanction. - Sec. 58c. (1) Subject to subsection (3), the parole sanction...
Section 791.258d - Parole Sanction Certainty Supervision; Violation of Condition. - Sec. 58d. A supervised individual is subject to 1 of...
Section 791.258e - Parole Sanction Certainty Supervision; Conditions; Informing Supervised Individual During Initial Orientation; Written Agreement. - Sec. 58e. During the initial orientation with his or her...
Section 791.258f - Parole Sanction Certainty Supervision; Violation of Conditions; Powers of Department; Notice of Intended Graduated Sanction; Issuance by Supervising Agent; Failure of Supervised Individual to Comply; Confinement; Completion of Cond... - Sec. 58f. (1) The department may do either of the...
Section 791.258g - Use of Confinement Sanctions; Review and Report by Department. - Sec. 58g. (1) The department shall review the use of...
232-1953-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.269b)
Section 791.261 - Bureau of Prisons; Establishment, Direction and Supervision. - Sec. 61. There is hereby established within the department, a...
Section 791.262 - Definitions; Administration of State Correctional Facilities; Supervision and Inspection of Jails and Lockups; Rules and Standards; Variance; Advice and Services; Enforcement of Orders; Residence of Sheriff as Part of County Jail; V... - Sec. 62. (1) As used in this section: (a) "Holding...
Section 791.262a - Local Lockup Advisory Board; Creation; Appointment, Term, and Expenses of Members; First Meeting; Election of Chairperson; Quorum; Model Policy; Review. - Sec. 62a. (1) A local lockup advisory board is created...
Section 791.262b - Housing Inmates in County Jail Cell Designed and Constructed for Single Occupancy; Conditions; Classification System; Doors; Visual Supervision; Indemnification for Expense or Damages. - Sec. 62b. (1) The rules and standards promulgated under section...
Section 791.262c - Housing Inmates in County Jail Cell; Conditions; Classification System; Doors; Visual Supervision. - Sec. 62c. (1) The rules and standards promulgated under section...
Section 791.262d - Prisoners Who Are 18 to 22 Years of Age; Development of Rehabilitation Plans; Programming; Report; "Correctional Facility" Defined. - Sec. 62d. (1) The department shall develop rehabilitation plans for...
Section 791.263 - Wardens; Appointment; Personnel; “Correctional Facility” Defined. - Sec. 63. (1) The wardens of the correctional facilities of...
Section 791.263a - Compensation of Correctional or Youth Correctional Facility Employees Injured by Inmate Assault or Injured During Riot; Exception; "Correctional Facility" Defined. - Sec. 63a. (1) A person employed by the department of...
Section 791.264 - Classification of Prisoners; Classification Committee; Information; Filing; Investigation; Computation of Sentence; Recomputation Based on Amended Judgment. - Sec. 64. (1) The assistant director in charge of the...
Section 791.265 - Transfer or Re-Transfer of Prisoner; Confinement in Secure Correctional Facility; "Offender" Defined; Transfer of Offenders to Country of Citizenship; Notification to Judge and Prosecutor; Objections; "Secure Correctional Facility"... - Sec. 65. (1) Under rules promulgated by the director of...
Section 791.265a - Extending Limits of Confinement; Rules; Escape From Custody; Eligibility for Extensions of Limits of Confinement; Placement in Community Residential Home; Definitions. - Sec. 65a. (1) Under prescribed conditions, the director may extend...
Section 791.265b - Definitions; Transfer of Mentally or Physically Disabled Prisoner to Medical Institution; Duration; Determination of Mental or Physical Disability; Financial Responsibility of Department; Regulations. - Sec. 65b. (1) As used in this section: (a) "Medical...
Section 791.265c - Work Camp; Construction, Maintenance, and Operation; Purpose; Assignment of Prisoners; Displacement of Employed Persons or Workers on Strike or Locked Out; Agreement of Bargaining Unit; Citizens Advisory Committee; Escape; Reimburs... - Sec. 65c. (1) As used in this section, "work camp"...
Section 791.265d - Occurrences Requiring Entry in Law Enforcement Information Network; Occurrences Requiring Certain Information to Be Made Available on Line; Time Limitation; Scope of Entry; “State Correctional Facility” Defined. - Sec. 65d. (1) If 1 or more of the following...
Section 791.265e - Transfer of Prisoner to Community Placement Facility; Notice. - Sec. 65e. When a prisoner is transferred into a community...
Section 791.265f - Housing Prisoners; Prohibitions. - Sec. 65f. (1) Beginning September 30, 1990, a prisoner who...
Section 791.265g - Definitions. - Sec. 65g. As used in this section and sections 65h...
Section 791.265h - Placement in Community Corrections Center or Community Residential Home; Community Status Criteria; Location of Center; Prisoner Population; Curfew; Random Checks. - Sec. 65h. (1) A prisoner who does not meet the...
Section 791.265i - Citizens' Council. - Sec. 65i. (1) The legislative body of a city, village,...
Section 791.266 - Commitment by Courts; Purpose of Classification. - Sec. 66. For the purpose of classification, all convicted prisoners...
Section 791.267 - Temporary Confinement; Study of Prisoner; Suitability of Prisoner to Type of Rehabilitation Required; Report; Execution of Confinement Order; Test for HIV or Antibody to Hiv; Applicability of Subsection (2); Housing Prisoner in Admi... - Sec. 67. (1) Quarters for temporary confinement apart from those...
Section 791.267a - Nonemergency Medical, Dental, or Optometric Services; Intentional Injury; Copayment or Payment by Prisoner; On-Site Medical Treatment; Report on Feasibility and Cost. - Sec. 67a. (1) A prisoner who receives nonemergency medical, dental,...
Section 791.267b - Exposure of Employee to Blood or Body Fluid of Prisoner; Request to Test Prisoner for HIV or Hbv Infection; Form and Contents of Request; Determination; Prisoner Consent Not Required; Counseling; Determination Not Requiring HIV or... - Sec. 67b. (1) If an employee of the department sustains...
Section 791.268 - Payment of Filing Fees or Costs by Prisoner; Court Order to Make Monthly Payments; Removal of Amount From Prisoner Institutional Account. - Sec. 68. If a prisoner is ordered by a court...
Section 791.268a - Visits From Minors; Conditions; Restrictions; “Minor” Defined. - Sec. 68a. (1) Except as otherwise provided in subsection (2),...
Section 791.269 - Confiscation and Disposal of Items in Possession of Prisoner; Request of Victim or Victim's Representative; "Victim's Representative" Defined. - Sec. 69. (1) Upon the request of a victim or...
Section 791.269a - Subjecting Visitor to Pat Down Search; Condition; Waiver; Definitions. - Sec. 69a. (1) A visitor to a state correctional facility...
Section 791.269b - Inmate Reentry Services; Applicants From Nonprofit Faith-Based, Business and Professional, Civic, and Community Organizations; Screening, Approval, and Registration of Organizations; Denial; Posting of Telephone Number and Applicat... - Sec. 69b. (1) Subject to the policies and procedures adopted...
232-1953-V - Chapter V Bureau of Prison Industries. (791.270...791.271)
Section 791.270 - Monitoring of Telephone Communications; Conditions; Disclosure of Obtained Information; Evidence in Criminal Prosecution; Definitions. - Sec. 70. (1) A correctional facility may monitor telephone communications...
Section 791.271 - Bureau of Prison Industries; Supervision of Industrial Plants. - Sec. 71. The assistant director of the bureau of prison...
232-1953-VI - Chapter VI Miscellaneous. (791.281...791.285)
Section 791.281 - Powers and Duties Transferred; Department Abolished; Rules and Regulations. - Sec. 81. The powers and duties vested by law in...
Section 791.282 - Transfers of Appropriations. - Sec. 82. The provisions of any other law to the...
Section 791.283 - Reversed, Vacated, or Overturned Conviction or Sentence; Prisoner Discharged From Custody; Services and Documents to Be Provided to Prisoner; Assignment of Staff; Reinstatement or Resentencing; Repayment for Services. - Sec. 83. (1) The department shall provide all of the...
Section 791.284 - Supervised Individuals Who Have Absconded From Supervision and Whom Law Enforcement Agency Is Actively Seeking; List; Definitions. - Sec. 84. (1) On a quarterly basis, the department shall...
Section 791.285 - Lifetime Electronic Monitoring Program; Establishment; Implementation; Manner of Wearing or Carrying; Reimbursement; "Electronic Monitoring" Defined. - Sec. 85. (1) The lifetime electronic monitoring program is established...