2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.265a - Extending Limits of Confinement; Rules; Escape From Custody; Eligibility for Extensions of Limits of Confinement; Placement in Community Residential Home; Definitions.

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 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 authorizing the prisoner to do any of the following:
(a) Visit a specifically designated place or places. An extension of limits may be granted only to a prisoner housed in a state correctional facility to permit a visit to a critically ill relative, attendance at the funeral of a relative, or contacting prospective employers. The maximum amount of time a prisoner is eligible for an extension of the limits of confinement under this subdivision shall not exceed a cumulative total period of 30 days.
(b) Obtain medical services not otherwise available to a prisoner housed in a state correctional facility.
(c) Work at paid employment, participate in a training or educational program, or participate in a community residential drug treatment program while continuing as a prisoner housed on a voluntary basis at a community corrections center or in a community residential home.
(2) The director shall promulgate rules to implement this section.
(3) The willful failure of a prisoner to remain within the extended limits of his or her confinement or to return within the time prescribed to an institution or facility designated by the director shall be considered an escape from custody as provided in section 193 of the Michigan penal code, 1931 PA 328, MCL 750.193.
(4) Subject to subsection (8), a prisoner, other than a prisoner subject to disciplinary time, who is convicted of a crime of violence or any assaultive crime is not eligible for the extensions of the limits of confinement provided in subsection (1) until the minimum sentence imposed for the crime has less than 180 days remaining.
(5) Subject to subsection (8), a prisoner subject to disciplinary time is not eligible for the extensions of the limits of confinement provided in subsection (1) until he or she has served the minimum sentence imposed for the crime.
(6) However, notwithstanding subsections (4) or (5), if the reason for the extension is to visit a critically ill relative, attend the funeral of a relative, or obtain medical services not otherwise available, the director may allow the extension under escort as provided in subsection (1).
(7) A prisoner serving a sentence for murder in the first degree is not eligible for the extensions of confinement under this section until a parole release date is established by the parole board and in no case before serving 15 calendar years with a good institutional adjustment.
(8) A prisoner who is convicted of a crime of violence or any assaultive crime, and whose minimum sentence imposed for the crime is 10 years or more, shall not be placed in a community residential home during any portion of his or her sentence.
(9) As used in this section:
(a) "Community corrections center" means a facility either contracted for or operated by the department in which a security staff is on duty 7 days per week, 24 hours per day.
(b) "Community residential home" means a location where electronic monitoring of prisoner presence is provided by the department 7 days per week, 24 hours per day, except that the department may waive the requirement that electronic monitoring be provided as to any prisoner who is within 3 months of his or her parole date.
(c) "State correctional facility" means a facility or institution that houses a prisoner population under the jurisdiction of the department. State correctional facility does not include a community corrections center or community residential home.
History:
Add. 1974, Act 68, Imd. Eff. Apr. 1, 1974 ;-- Am. 1987, Act 271, Imd. Eff. Dec. 29, 1987 ;-- Am. 1988, Act 272, Eff. Dec. 1, 1988 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998 ;-- Am. 1997, Act 13, Imd. Eff. June 5, 1997 ;-- Am. 1998, Act 315, Eff. Dec. 15, 1998 ;-- Am. 2012, Act 599, Eff. Mar. 28, 2013
Popular Name:
Department of Corrections Act