reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.209 - Corrections Commission; Crime Prevention and Criminology Research.

791.209 Corrections commission; crime prevention and criminology research.
Sec. 9.
The commission shall study the problem of crime prevention and foster research in criminology. It shall lend its aid in local crime prevention activities.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.210 - Corrections Commission; Bond of Officers and Employees, Purpose.

791.210 Corrections commission; bond of officers and employees, purpose.
Sec. 10.
The commission may require a bond from any officer or employee appointed by or subject to the control of the commission, conditioned upon the faithful performance of his duties and the accounting for all money and property within his control.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.211 - Corrections Commission; Powers and Duties.

791.211 Corrections commission; powers and duties.
Sec. 11.
The commission shall exercise the powers and duties created by Act No. 89 of the Public Acts of 1935, being sections 798.101 to 798.103, inclusive, of the Compiled Laws of 1948, and by any interstate compact made and entered into pursuant to said act, in regard to the control and supervision of parolees and probationers, and in regard to cooperative effort and mutual assistance in the prevention of crime and in the enforcement of the penal laws and policies of the contracting states, and the commission may promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of the aforesaid act and compacts made pursuant thereto.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › 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.

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 the rules of the commission shall be published over the seal of the commission. All orders of the commission shall be issued over the seal of the commission. A copy of the records and papers in the office of the department, certified by an authorized agent of the commission and authenticated by the seal of the commission, shall be evidence in all cases with the same effect as the originals. A description of the seal, with an impression of the seal, shall be filed in the office of the secretary of state. The commission shall be a body corporate, and may lease lands under its jurisdiction, grant easements over, through, under, or across those lands for a lawful purpose, and do any other act necessary to carry out this act.
(2) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1974, Act 357, Imd. Eff. Dec. 21, 1974 ;-- Am. 1978, Act 413, Imd. Eff. Sept. 28, 1978
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.213 - Corrections Commission; Gifts, Donations, Bonds, Real or Personal Property; Purpose.

791.213 Corrections commission; gifts, donations, bonds, real or personal property; purpose.
Sec. 13.
The commission may receive on behalf of the state of Michigan any grant, devise, bequest, donation, gift or assignment of money, bonds or choses in action, or of any property, real or personal, and accept the same, so that the right and title to the same shall pass to the state of Michigan; and all such bonds, notes or choses in action, or the proceeds thereof when collected, and all other property or thing of value so received by the commission shall be used for the purposes set forth in the grant, devise, bequest, donation, gift or assignment: Provided, That such purposes shall be within the powers conferred on said commission. Whenever it shall be necessary to protect or assert the right or title of the commission to any property so received or derived as aforesaid, or to collect or reduce into possession any bond, note, bill or chose in action, the attorney general is directed to take the necessary and proper proceedings and to bring suit in the name of the commission on behalf of the state of Michigan in any court of competent jurisdiction, state or federal, and to prosecute all such suits.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.214 - Corrections Commission; Estimation of Needs and Cost, Submission to Department of Administration.

791.214 Corrections commission; estimation of needs and cost, submission to department of administration.
Sec. 14.
The commission shall prepare for submission to the department of administration the estimated needs and costs to operate the department, and the several penal institutions under the jurisdiction of the department, in accordance with the requirements of the laws of this state.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.215 - “Correctional Facility” Defined.

791.215 “Correctional facility” defined.
Sec. 15.
As used in this act, "correctional facility" means a facility or institution which is maintained and operated by the department.
History:
Add. 1980, Act 303, Imd. Eff. Nov. 26, 1980
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.217 - Action for Noncompliance With Site Selection Process.

791.217 Action for noncompliance with site selection process.
Sec. 17.
(1) A person who resides in the city, village, or township in which the department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction against the department if the department is not abiding by the site selection process provided in section 16.
(2) An action brought under this section shall not be maintained if it is filed more than 45 days after the commission sends notification of the final site selected to the officials as required in section 16(9).
History:
Add. 1980, Act 303, Imd. Eff. Nov. 26, 1980
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.218 - Relations With City, Village, or Township in Which Facility Located; Duties of Advisory Committee or Advisory Board.

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 shall maintain relations with the city, village, or township in which the facility is located. The department shall request the officials notified under section 16(3)(b) to (g) to appoint an advisory committee or continue the advisory board established pursuant to section 16(4) to meet with the department and correctional facility representatives to assist in the identification of community concerns, to assist in the identification of problems, and to recommend methods for resolving those concerns and problems.
History:
Add. 1980, Act 303, Imd. Eff. Nov. 26, 1980
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.219 - Applicability of MCL 791.215 to 791.219 to Correctional Facilities.

791.219 Applicability of MCL 791.215 to 791.219 to correctional facilities.
Sec. 19.
This section and sections 15 to 18 shall apply to correctional facilities established or proposed after the effective date of the concurrent resolution approving the comprehensive plan and to correctional facilities which are proposed before the effective date of the concurrent resolution approving the comprehensive plan but for which sites have not been selected by the commission as of that date.
History:
Add. 1980, Act 303, Imd. Eff. Nov. 26, 1980
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220-791.220c - Repealed. 1995, Act 28, Imd. Eff. May 10, 1995.

791.220-791.220c Repealed. 1995, Act 28, Imd. Eff. May 10, 1995.
Compiler's Notes:
The repealed sections pertained to definitions, corrections regions, selection and recommendation of sites, placement procedures, and rules.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220d - Repealed. 1987, Act 176, Imd. Eff. Nov. 19, 1987.

791.220d Repealed. 1987, Act 176, Imd. Eff. Nov. 19, 1987.
Compiler's Notes:
The repealed section pertained to demolition of Michigan reformatory in Ionia.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220e - Scott Correctional Facility; Western Wayne Correctional Facility; Capacity Limits; Increase.

791.220e Scott correctional facility; western Wayne correctional facility; capacity limits; increase.
Sec. 20e.
(1) Except as provided in subsection (2), not more than 880 prisoners shall be housed at the Scott correctional facility and not more than 925 prisoners shall be housed at the western Wayne correctional facility.
(2) If a new housing unit is constructed within the security perimeter of either facility listed in subsection (1), the capacity limits listed in subsection (1) for that facility are increased by the designated capacity of the new housing unit.
History:
Add. 1985, Act 62, Imd. Eff. June 14, 1985 ;-- Am. 1991, Act 96, Imd. Eff. Aug. 1, 1991 ;-- Am. 1995, Act 20, Imd. Eff. Apr. 12, 1995 ;-- Am. 2002, Act 670, Eff. Mar. 1, 2003
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220f - Construction of Correctional Facility; Requirements; Definition.

791.220f Construction of correctional facility; requirements; definition.
Sec. 20f.
(1) A correctional facility constructed after the effective date of this section shall be constructed in compliance with at least 1 of the following requirements:
(a) A distance of not less than 300 feet exists between each adjacent residential dwelling and any part of the correctional facility or grounds that is within the security perimeter.
(b) A buffer zone is constructed between the correctional facility and all adjacent residential dwellings. The buffer zone shall be designed to block sight and to block or reduce sound, and may consist of an earth berm or trees or other plants, or materials that would have a substantially similar effect. A fence does not meet the requirements of this subdivision.
(2) As used in this section, "correctional facility" means any facility that houses prisoners under the jurisdiction of the department, but does not include a halfway house, community corrections center, or community residential home.
History:
Add. 1989, Act 107, Imd. Eff. June 23, 1989
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220h - Order of Restitution; Deductions and Payments.

791.220h Order of restitution; deductions and payments.
Sec. 20h.
(1) If a prisoner is ordered to pay restitution to the victim of a crime and the department receives a copy of the restitution order from the court, the department shall deduct 50% of the funds received by the prisoner in a month over $50.00 for payment of restitution. The department shall promptly forward the restitution amount to the crime victim as provided in the order of restitution when the amount exceeds $100.00, or the entire amount if the prisoner is paroled, transferred to community programs, or is discharged on the maximum sentence. The department shall notify the prisoner in writing of all deductions and payments made under this section. The requirements of this subsection remain in effect until all of the restitution has been paid.
(2) Any funds owed by the Michigan department of corrections or to be paid on behalf of one or more of its employees to satisfy a judgment or settlement to a person for a claim that arose while the person was incarcerated, shall be paid to satisfy any order(s) of restitution imposed on the claimant that the department has a record of. The payment shall be made as described in subsection (1). The obligation to pay the funds, described in this section, shall not be compromised. As used in this section, "fund" or "funds" means that portion of a settlement or judgment that remains to be paid to a claimant after statutory and contractual court costs, attorney fees, and expenses of litigation, subject to the court's approval, have been deducted.
(3) The department shall not enter into any agreement with a prisoner that modifies the requirements of subsection (1). Any agreement in violation of this subsection is void.
History:
Add. 1996, Act 559, Eff. June 1, 1997
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-I - Chapter I Department of Corrections. (791.201...791.220j) › Section 791.220j - Contract Resulting in Annual Savings; Employment Consideration.

791.220j Contract resulting in annual savings; employment consideration.
Sec. 20j.
(1) This act does not prohibit the department from contracting with an operator of a privately owned correctional facility to house and manage inmates under the jurisdiction of the department if the contract will result in an annual cost savings of at least 10% to the state. The department shall annually document and report the savings to the legislature.
(2) If the department contracts with a privately owned correctional facility, the contractor shall interview and consider for employment employees or former employees of the department who lose or reasonably expect to lose their position of employment with the department as a result of prison closures. The contractor shall also give consideration to the hiring of unemployed national guard and reserve officers and military personnel who are returning to this state following active deployment. This section does not create a property interest in employment.
History:
Add. 2012, Act 599, Eff. Mar. 28, 2013
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.221 - Bureau of Probation; Creation; Supervision.

791.221 Bureau of probation; creation; supervision.
Sec. 21.
There is hereby established within the department a bureau of probation. This bureau shall be under the direction and supervision of the assistant director in charge of probation.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › 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.

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 probation officers for the circuit court and recorder's court of this state, in the manner provided by the laws of this state.
(2) The commission may remove a probation employee for incompetency, misconduct, or failure to carry out the orders of the department, or for neglect of duty.
(3) A probation employee who receives compensation from public funds under this act, and receives any compensation, gift, or gratuity from a person under probation or from a person, partnership, association, or corporation for doing or refraining from doing an official act connected with his or her work as a probation employee, or connected with a proceeding pending or about to be instituted in the circuit court or recorder's court is guilty of a misdemeanor.
(4) The commission shall be vested with the powers and duties prescribed by the law with respect to probation recovery camps.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1979, Act 89, Eff. Apr. 1, 1980
Compiler's Notes:
Sections 2, 3, and 4 of Act 210 of 1979 provide:“P.A. 1979, No. 89, section 4, amended; effective date.“Section 2. The enacting section of Act No. 89 of the Public Acts of 1979, is amended to read as follows:“Section 4. This amendatory act shall take effect April 1, 1980.“Effective date of P.A. 1979, Nos. 81 and 89, in certain counties; funds for probation services.“Section 3. The provisions of Act Nos. 81 and 89 of the Public Acts of 1979 shall not take effect in a county with a population of 1.5 million or more prior to a majority vote of the elected members of the county's board of commissioners to place the question of the creation of a charter commission under the terms of enacted Senate Bill No. 652 before the county electorate. Subsequent to the above action by the board of commissioners, funds appropriated for probation services for a county with a population of 1.5 million or more shall become immediately effective, and shall be retroactive to the extent of the funds provided.“Implementation of P.A. 1979, Nos. 81 and 89; effect of refusal to provide probation support costs.“Section 4. Implementation of Act Nos. 81 and 89 of the Public Acts of 1979 shall not be effective in counties which refuse to provide probation support costs as required in those acts.”
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.224 - Repealed. 1979, Act 89, Eff. Apr. 1, 1980.

791.224 Repealed. 1979, Act 89, Eff. Apr. 1, 1980.
Compiler's Notes:
The repealed section pertained to division of state into geographical districts and to duties of probation officers.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.225 - Probation Service; Compensation of Probation Officers; Service Grants.

791.225 Probation service; compensation of probation officers; service grants.
Sec. 25.
Where the courts of more than 1 county are served by the same probation officer or officers, the compensation of such officer or officers and the expenses of administering probation service within such counties shall be met jointly by the boards of supervisors therein: Provided, That when it shall appear to the commission that any county is unable to adequately maintain its probation program according to the standards set by the state bureau of probation, then service grants to such an extent and under such conditions as the commission may determine, may be made available to said county: Provided, That uniform rules to be followed in making available such service grants first shall be promulgated by the commission.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.226 - Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.

791.226 Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.
Compiler's Notes:
The repealed section excepted certain probation departments from the provisions of this chapter.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.227 - Repealed. 1979, Act 89, Eff. Apr. 1, 1980.

791.227 Repealed. 1979, Act 89, Eff. Apr. 1, 1980.
Compiler's Notes:
The repealed section declared act inapplicable to juvenile probation.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.228 - Information on Juvenile Probationers; Assistance; Free Access to Books, Records, Files, and Documents.

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 probate court of this state shall furnish to the department information, on request, concerning any individual having a previous record as a juvenile probationer who comes within the jurisdiction of the department.
(2) A department, board, commission, official, or employee of this state or a political subdivision of this state, shall give and furnish to the assistant director or to his or her agent, any assistance requested by the assistant director or his or her agent in the performance of their duties. Free access shall be given to any books, records, files, and documents in the custody of the department, board, commission, official, or employee, relating to matters within the scope of the powers and duties of the assistant director, except those expressly prohibited by law or court rule.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1979, Act 89, Eff. Apr. 1, 1980
Compiler's Notes:
Sections 2, 3, and 4 of Act 210 of 1979 provide:“P.A. 1979, No. 89, section 4, amended; effective date.“Section 2. The enacting section of Act No. 89 of the Public Acts of 1979, is amended to read as follows:“Section 4. This amendatory act shall take effect April 1, 1980.“Effective date of P.A. 1979, Nos. 81 and 89, in certain counties; funds for probation services.“Section 3. The provisions of Act Nos. 81 and 89 of the Public Acts of 1979 shall not take effect in a county with a population of 1.5 million or more prior to a majority vote of the elected members of the county's board of commissioners to place the question of the creation of a charter commission under the terms of enacted Senate Bill No. 652 before the county electorate. Subsequent to the above action by the board of commissioners, funds appropriated for probation services for a county with a population of 1.5 million or more shall become immediately effective, and shall be retroactive to the extent of the funds provided.“Implementation of P.A. 1979, Nos. 81 and 89; effect of refusal to provide probation support costs.“Section 4. Implementation of Act Nos. 81 and 89 of the Public Acts of 1979 shall not be effective in counties which refuse to provide probation support costs as required in those acts.”
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.229 - Privileged or Confidential Communications; Access to Records, Reports, and Case Histories; Confidential Relationship Inviolate.

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 and reports of investigations made by a probation officer, and all case histories of probationers shall be privileged or confidential communications not open to public inspection. Judges and probation officers shall have access to the records, reports, and case histories. The probation officer, the assistant director of probation, or the assistant director's representative shall permit the attorney general, the auditor general, and law enforcement agencies to have access to the records, reports, and case histories and shall permit designated representatives of a private contractor that operates a facility or institution that houses prisoners under the jurisdiction of the department to have access to the records, reports, and case histories pertaining to prisoners assigned to that facility. The relation of confidence between the probation officer and probationer or defendant under investigation shall remain inviolate.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1979, Act 89, Eff. Apr. 1, 1980 ;-- Am. 1998, Act 512, Imd. Eff. Jan. 8, 1999 ;-- Am. 2010, Act 248, Imd. Eff. Dec. 14, 2010 ;-- Am. 2012, Act 599, Eff. Mar. 28, 2013
Compiler's Notes:
Sections 2, 3, and 4 of Act 210 of 1979 provide:"P.A. 1979, No. 89, section 4, amended; effective date."Section 2. The enacting section of Act No. 89 of the Public Acts of 1979, is amended to read as follows: "Section 4. This amendatory act shall take effect April 1, 1980."Effective date of P.A. 1979, Nos. 81 and 89, in certain counties; funds for probation services. "Section 3. The provisions of Act Nos. 81 and 89 of the Public Acts of 1979 shall not take effect in a county with a population of 1.5 million or more prior to a majority vote of the elected members of the county's board of commissioners to place the question of the creation of a charter commission under the terms of enacted Senate Bill No. 652 before the county electorate. Subsequent to the above action by the board of commissioners, funds appropriated for probation services for a county with a population of 1.5 million or more shall become immediately effective, and shall be retroactive to the extent of the funds provided."Implementation of P.A. 1979, Nos. 81 and 89; effect of refusal to provide probation support costs."Section 4. Implementation of Act Nos. 81 and 89 of the Public Acts of 1979 shall not be effective in counties which refuse to provide probation support costs as required in those acts."
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.230 - Repealed. 1994, Act 131, Imd. Eff. May 19, 1994.

791.230 Repealed. 1994, Act 131, Imd. Eff. May 19, 1994.
Compiler's Notes:
The repealed section pertained to exemption from disclosure of certain records requested by prisoners.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-II - Chapter II Bureau of Probation. (791.221...791.230a) › Section 791.230a - Exemptions From Disclosure Under Freedom of Information Act.

791.230a Exemptions from disclosure under freedom of information act.
Sec. 30a.
The home addresses, telephone numbers, and personnel records of employees of the department, employees of the center for forensic psychiatry, and employees of a psychiatric hospital that houses prisoners are exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1994, Act 433, Imd. Eff. Jan. 6, 1995
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 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.

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 of field services, under the direction and supervision of a deputy director in charge of field services, who shall be appointed by the director and who shall be within the state civil service. The deputy director shall direct and supervise the work of the bureau of field services and shall formulate methods of investigation and supervision and develop various processes in the technique of supervision by the parole staff. The deputy director is responsible for all investigations of persons eligible for release from state penal institutions, and for the general supervision of persons released from penal institutions. The deputy director in charge of the bureau of field services is responsible for the collection and preservation of records and statistics with respect to paroled prisoners as may be required by the director and the chairperson of the parole board. The deputy director shall employ parole officers and assistants as may be necessary, subject to the approval of the director. The deputy director shall select secretarial and other assistants as may be necessary and may obtain permanent quarters for the staff as may be necessary.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1982, Act 314, Imd. Eff. Oct. 15, 1982
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Bureau of Field Services and the deputy director in charge of field services to the Director of the Michigan Department of Corrections, see E.R.O. No. 1992-3, compiled at MCL 791.303 of the Michigan Compiled Laws.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.231a - Parole Board; Establishment; Appointment, Terms, and Removal of Members; Vacancy; Salary and Expenses; Designation and Responsibility of Chairperson; Powers and Duties.

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 in the department, a parole board consisting of 10 members who shall be appointed by the director and who shall not be within the state civil service.
(2) Members of the parole board shall be appointed to terms of 4 years each, except that of the members first appointed, 4 shall serve for terms of 4 years each, 3 shall serve for terms of 3 years each, and 3 shall serve for terms of 2 year each. A member may be reappointed. The director may remove a member of the parole board for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office. If a vacancy occurs on the parole board, the director shall make an appointment for the unexpired term in the same manner as an original appointment. At least 4 members of the parole board shall be persons who, at the time of their appointment, have never been employed by or appointed to a position in the department of corrections.
(3) Each member of the parole board shall receive an annual salary as established by the legislature and shall be entitled to necessary traveling expenses incurred in the performance of official duties subject to the standardized travel regulations of the state.
(4) The chairperson of the parole board shall be designated by the director. The chairperson of the parole board is responsible for the administration and operation of the parole board. The chairperson may conduct interviews and participate in the parole decision making process. The chairperson shall select secretaries and other assistants as the chairperson considers to be necessary.
(5) The parole board created in this section shall exist for purposes of appointment and training on October 1, 1992, and as of November 15, 1992, shall exercise and perform the powers and duties prescribed and conferred by this act.
History:
Add. 1992, Act 181, Imd. Eff. Sept. 22, 1992
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.231b - Parole Denials; Report.

791.231b Parole denials; report.
Sec. 31b.
(1) The department shall submit a quarterly report to the senate and house committees responsible for legislation concerning corrections issues detailing the number of prisoners who have reached their earliest possible release on parole date under the requirements of this chapter but who have not been granted parole.
(2) The report required under this section must categorize the total number of parole denials by the number of prisoners who have been denied parole for each of the following reasons:
(a) The nature and circumstances of the offense for which the prisoner is incarcerated at the time of the parole consideration.
(b) The prisoner's institutional program performance, including whether or not the prisoner completed all required programming.
(c) The prisoner's institutional conduct, including the number of major misconduct charges for which the prisoner has been found guilty and security classification increases over the previous 5 years and the year immediately before parole consideration.
(d) The prisoner's prior criminal record and pending criminal charges or detainers. As used in this subdivision, "prior criminal record" means the recorded criminal history of a prisoner, including all misdemeanor and felony convictions, probation violations, juvenile adjudications for acts that would have been crimes if committed by an adult, parole failures, and delayed sentences.
(e) Whether the prisoner was previously granted parole and had his or her parole revoked.
(f) Whether the prisoner was identified in the federal combined DNA index system (CODIS) and linked to an unsolved criminal violation.
(g) Other relevant factors under the parole guidelines.
History:
Add. 2017, Act 7, Eff. June 29, 2017
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.232 - Repealed. 1992, Act 181, Eff. Nov. 15, 1992.

791.232 Repealed. 1992, Act 181, Eff. Nov. 15, 1992.
Compiler's Notes:
The repealed section pertained to establishment of parole board, appointment and qualifications of members and chairperson, and powers and duties of chairperson.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.233a - Repealed. 1982, Act 314, Imd. Eff. Oct. 15, 1982.

791.233a Repealed. 1982, Act 314, Imd. Eff. Oct. 15, 1982.
Compiler's Notes:
The repealed section pertained to determining prisoner's fitness to be released on parole.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.233b[1] - “Major Controlled Substance Offense” Defined.

791.233b[1] “Major controlled substance offense” defined.
Sec. 33b. As used in section 34, "major controlled substance offense" means any of the following:
(a) A violation of section 7401(2)(a)(i) or (ii) of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7401 of the Michigan Compiled Laws.
(b) A violation of section 7403(2)(a)(i) or (ii) of Act No. 368 of the Public Acts of 1978, being section 333.7403 of the Michigan Compiled Laws.
(c) Conspiracy to commit an offense listed in subdivision (a) or (b).
History:
Add. 1978, Act 81, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 143, Imd. Eff. June 3, 1988
Compiler's Notes:
Section 33b, as added by Act 81 of 1978, was compiled as MCL 791.233b[1] to distinguish it from another section 33b added by the initiated law submitted to and approved by the people at the general election held on November 7, 1978.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.233c - “Prisoner Subject to Disciplinary Time” Defined.

791.233c “Prisoner subject to disciplinary time” defined.
Sec. 33c.
As used in this act, "prisoner subject to disciplinary time" means that term as defined in section 34 of Act No. 118 of the Public Acts of 1893, being section 800.34 of the Michigan Compiled Laws.
History:
Add. 1994, Act 217, Eff. Dec. 15, 1998
Compiler's Notes:
Section 2 of 1994 PA 217, which provides that “This amendatory act shall take effect on the date that sentencing guidelines are enacted into law after the sentencing commission submits its report to the secretary of the senate and the clerk of the house of representatives pursuant to sections 31 to 34 of chapter IX of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, as added by the amendatory act resulting from House Bill No. 4782 of the 87th Legislature.” was repealed by 1998 PA 316, effective Dec. 15, 1998.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.239 - Paroled Prisoner; Arrest Without Warrant.

791.239 Paroled prisoner; arrest without warrant.
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 a paroled prisoner, if the probation officer, parole officer, peace officer, or authorized departmental employee has reasonable grounds to believe that the prisoner has violated parole or a warrant has been issued for his or her return under section 38.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1968, Act 192, Eff. Nov. 15, 1968 ;-- Am. 1982, Act 314, Imd. Eff. Oct. 15, 1982 ;-- Am. 1988, Act 293, Imd. Eff. Aug. 4, 1988
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › 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.

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 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 to section 40a.
(2) Prior to the preliminary hearing, the accused parolee shall be given written notice of the charges, time, place, and purpose of the preliminary hearing.
(3) At the preliminary hearing, the accused parolee is entitled to the following rights:
(a) Disclosure of the evidence against him or her.
(b) The right to testify and present relevant witnesses and documentary evidence.
(c) The right to confront and cross-examine adverse witnesses unless the person conducting the preliminary hearing finds on the record that a witness may be subjected to risk of harm if his or her identity is revealed.
(4) A preliminary hearing may be postponed beyond the 10-day time limit on the written request of the parolee, but shall not be postponed by the department.
(5) If a preliminary hearing is not held pursuant to subsection (1), an accused parolee shall be given written notice of the charges against him or her, the time, place and purpose of the fact-finding hearing and a written summary of the evidence to be presented against him or her.
(6) If a preliminary hearing is not held pursuant to subsection (1), an accused parolee may not be found guilty of a violation based on evidence that was not summarized in the notice provided pursuant to subsection (5) except for good cause stated on the record and included in the written findings of fact provided to the parolee.
History:
Add. 1982, Act 314, Imd. Eff. Oct. 15, 1982
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.240 - Prisoner Convicted of Violent Felony; Placement on Parole; Special Provisions; History of Substance Abuse; Report; Definitions.

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 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 supervising parole agent shall do a LEIN check not less than quarterly for that parolee and not later than 1 month before a parolee is discharged from parole.
(2) If a prisoner who has a history of substance abuse is placed on parole and is assigned to intensive, maximum, or medium parole supervision, the department shall require as a condition of parole that the parolee submit to substance abuse testing at least twice each month.
(3) The department shall report to the legislature on a quarterly basis both of the following:
(a) The number of parolees who are absconders.
(b) The number of parolees who have been absconders for more than 3 months.
(4) As used in this section:
(a) "LEIN" means the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(b) "Substance abuse" means the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.
(c) "Violent felony" means that term as defined in section 36.
History:
Add. 2006, Act 487, Eff. Jan. 1, 2007 ;-- Am. 2018, Act 295, Eff. Sept. 27, 2018
Compiler's Notes:
Former MCL 791.240, which pertained to violation of parole, was repealed by Act 192 of 1968, Eff. Nov. 15, 1968.
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.241 - Order Rescinding or Reinstating Parole.

791.241 Order rescinding or reinstating parole.
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.
History:
1953, Act 232, Eff. Oct. 2, 1953
Popular Name:
Department of Corrections Act
2023 Michigan Compiled Laws › Chapter 791 - Department of Corrections › Act 232 of 1953 - Corrections Code of 1953 (791.201 - 791.285) › 232-1953-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.242 - Final Order of Discharge; Certificate; Period of Parole.

791.242 Final order of discharge; certificate; period of parole.
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 required. The parole board shall enter a final order of discharge and issue the paroled prisoner a certificate of discharge.
(2) Parole shall not be granted for a period less than 2 years in a case of murder, actual forcible rape, robbery armed, kidnapping, extortion, or breaking and entering an occupied dwelling in the nighttime unless the maximum time remaining to be served on the sentence is less than 2 years.
(3) Parole shall only be granted for life for a prisoner sentenced under section 520b(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1961, Act 92, Eff. Sept. 8, 1961 ;-- Am. 2006, Act 170, Eff. Aug. 28, 2006
Popular Name:
Department of Corrections Act