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-III - Chapter III Bureau of Pardons and Paroles; Parole Board. (791.231...791.246) › Section 791.243 - Applications for Pardon; Filing, Information.

791.243 Applications for pardon; filing, information.
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.
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 791.245 - Hearing; Administering Oath to Witness.

791.245 Hearing; administering oath to witness.
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.
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 791.246 - Decisions and Recommendations of Parole Board; Majority Vote Required.

791.246 Decisions and recommendations of parole board; majority vote required.
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).
History:
Add. 1982, Act 314, Imd. Eff. Oct. 15, 1982 ;-- Am. 2022, Act 29, Imd. Eff. Mar. 11, 2022
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-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.

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 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 is responsible for each prisoner hearing the department conducts that may result in the loss by a prisoner of a right, including but not limited to any 1 or more of the following matters:
(a) An infraction of a prison rule that may result in punitive segregation, loss of disciplinary credits, or the loss of good time.
(b) A security classification that may result in the placement of a prisoner in administrative segregation.
(c) A special designation that permanently excludes, by department policy or rule, a person under the jurisdiction of the department from community placement.
(d) Visitor restrictions.
(e) High or very high assaultive risk classifications.
(3) Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing that may result in the accumulation of disciplinary time.
(4) The hearings division is not responsible for a prisoner hearing that is conducted for prisoners transferred under section 11a to an institution of another state pursuant to the interstate corrections compact.
(5) The hearings division is not responsible for a prisoner hearing that is conducted as a result of a minor misconduct charge that would not cause a loss of good time or disciplinary credits, or result in placement in punitive segregation.
(6) Each hearings officer of the department is under the direction and supervision of the hearings division. Each hearings officer hired by the department after October 1, 1979, shall be an attorney.
History:
Add. 1979, Act 140, Imd. Eff. Nov. 7, 1979 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998 ;-- Am. 1998, Act 204, Imd. Eff. June 30, 1998 ;-- Am. 1998, Act 269, Imd. Eff. July 17, 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-IIIA - Chapter Iiia (791.251...791.256) › Section 791.253 - Official Record of Hearing; Preparation; Contents; Exclusion of Certain Evidence.

791.253 Official record of hearing; preparation; contents; exclusion of certain evidence.
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.
(c) A decision or order by the hearings officer.
(2) The official record shall not include evidence, access to which a hearings officer has determined would be disruptive of normal prison operations. However, on an appeal from a final decision made to a court of this state, that evidence shall be included in the official record.
History:
Add. 1979, Act 140, Eff. Feb. 1, 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-IIIA - Chapter Iiia (791.251...791.256) › Section 791.254 - Rehearing; Order; Request; Conduct; Evidence; Amending or Vacating Decision or Order; Rules.

791.254 Rehearing; order; request; conduct; evidence; amending or vacating decision or order; rules.
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 or upon the department's own motion.
(2) A rehearing shall be ordered if any of the following occurs:
(a) The record of testimony made at the hearing is inadequate for purposes of judicial review.
(b) The hearing was not conducted pursuant to applicable statutes or policies and rules of the department and the departure from the statute, rule, or policy resulted in material prejudice to either party.
(c) The prisoner's due process rights were violated.
(d) The decision of the hearings officer is not supported by competent, material, and substantial evidence on the record as a whole.
(e) It is determined, based on fact, that the hearings officer conducting the hearing was personally biased in favor of 1 of the parties.
(3) A request for a rehearing shall be filed within 30 days after the final decision or order is issued after the initial hearing. A rehearing shall be conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for department reconsideration and for judicial review. A decision or order may be amended or vacated after the rehearing.
(4) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws, the department shall promulgate the rules necessary to implement this chapter.
History:
Add. 1979, Act 140, Eff. Feb. 1, 1980 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983
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-IIIA - Chapter Iiia (791.251...791.256) › 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.

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 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 date of delivery or mailing of notice of the decision on the motion or application for the rehearing, if the motion or application is denied or within 60 days after the decision of the department or hearing officer on the rehearing, a prisoner aggrieved by a final decision or order may file an application for direct review in the circuit court in the county where the petitioner resides or in the circuit court for Ingham county.
(3) Within 60 days after the application is filed and the department is served, the department shall transmit to the court a certified copy of the entire record of the proceedings. In the case of alleged irregularity in procedure which is not shown on the record, proof may be submitted to the court.
(4) The review shall be confined to the record and any supplemental proofs submitted pursuant to subsection (3). The scope of review shall be limited to whether the department's action is authorized by law or rule and whether the decision or order is supported by competent, material and substantial evidence on the whole record.
(5) The court may affirm, reverse or modify the decision or order or remand the case for further proceedings.
History:
Add. 1979, Act 140, Eff. Feb. 1, 1980 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983
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-IIIA - Chapter Iiia (791.251...791.256) › Section 791.256 - Prisoners Confined in Another State; Right to Hearings.

791.256 Prisoners confined in another state; right to hearings.
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 to a hearing prior to his or her transfer to an institution of another state pursuant to the interstate corrections compact.
(3) This section shall not impair or abrogate the rights of crime victims, including but not limited to those rights provided under the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
History:
Add. 1994, Act 93, Imd. Eff. Apr. 13, 1994 ;-- Am. 1998, Act 204, Imd. Eff. June 30, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258 - Chapter Short Title.

791.258 Chapter short title.
Sec. 58.
This chapter shall be known and may be cited as the "parole sanction certainty act".
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258a - Definitions.

791.258a Definitions.
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 health code, 1978 PA 368, MCL 333.7104.
(c) "Evidenced-based practices" means a progressive, organizational use of direct and current scientific evidence to guide and inform efficient and effective correctional services that have been shown to reduce recidivism.
(d) "Graduated sanction" means any of a wide range of offender accountability measures and programs, including, but not limited to, electronic supervision tools, drug and alcohol testing and monitoring, day or evening reporting centers, community service or work crew, rehabilitative interventions such as substance abuse or mental health treatment, reporting requirements, residential treatment, counseling, confinement, and incarceration.
(e) "Nonconfinement sanction" means a violation sanction that does not result in imprisonment in the custody of the department or the county jail, including, but not limited to, any of the following:
(i) Extension of the period of supervision with the time period provided by law.
(ii) Additional reporting and compliance requirements.
(iii) Testing for the use of controlled substances or alcohol.
(iv) Counseling or treatment for behavioral health problems, including substance abuse.
(f) "Parole sanction certainty program" means the program created under this chapter that utilizes a set of established graduated sanctions to supervise eligible offenders that have been placed on parole sanction certainty supervision.
(g) "Parole sanction certainty supervision" means being placed on parole subject to conditions and sanctions as set forth in the parole sanction certainty program created under this chapter.
(h) "Supervised individual" means an individual who is placed on parole subject to parole sanction certainty supervision under this chapter.
(i) "Supervising agent" means the parole agent assigned to directly supervise an individual on parole sanction certainty supervision.
(j) "Validated risk and needs assessment" means a tool or tools adopted by the department that have been validated as to the effectiveness of the tool in determining a supervised individual's likely risk of reoffense, violent reoffense, or both, as well as the offender's criminogenic needs.
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › 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.

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 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. The graduated sanctions adopted under this section must utilize evidence-based practices that have been demonstrated to reduce recidivism and increase compliance with the conditions of parole based on the identified risk and needs of the supervised individual as determined by a validated risk and needs assessment. To the extent possible, the system of graduated sanctions must be uniform throughout the state for all parolees subject to parole sanction certainty supervision.
(2) Subject to subsection (3), the department shall, in consultation with the parole board, determine which offenders shall be placed in the community on parole under the parole sanction certainty program.
(3) The department shall implement the parole sanction certainty program created in subsection (1) in at least the 5 counties in this state in which the greatest number of individuals convicted of criminal violations are sentenced to incarceration under the jurisdiction of the department, as determined by the department's annual statistical report. The department may implement the parole sanction certainty program in additional counties in this state.
(4) The department shall consult with and seek recommendations from local law enforcement agencies in the counties where the parole sanction certainty program is implemented, including the sheriff's departments, circuit courts, county prosecutor's offices, and community corrections programs in developing a plan for implementing the parole sanction certainty program in the county.
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258c - Common Types of Supervision Violations; List of Presumptive Graduated Sanctions; Factors; Process to Review and Approve or Reject; Confinement Sanction.

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 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 participate in a required program or service, failing to complete community service, failing to refrain from the use of alcohol or a controlled substance, failing to pay fines, fees, or victim restitution, violating a protective or no-contact order, refusing to complete a drug test, possessing a firearm, or being involved in felony-related activity. The system of graduated sanctions must take into account factors such as the severity of the violation, the impact of the violation on the safety or well-being of the crime victim, if applicable, the supervised individual's previous criminal record, the number and severity of any previous supervision violations, the supervised individual's assessed risk level, the supervised individual's needs as established by a validated risk and needs assessment, and the extent to which graduated sanctions were imposed for previous violations. The system must also define positive reinforcements that supervised individuals will receive for complying with their conditions of supervision.
(2) Subject to subsection (3), the department shall establish a process to review and to approve or reject, before imposition, graduated sanctions that deviate from those that are otherwise prescribed under subsection (1).
(3) A supervised individual who violates the terms of his or her parole sanction certainty supervision, but whose parole will not be revoked under section 40a as a result of the violation, may be subject to a confinement sanction and be confined in a correctional or detention facility for not more than 60 days. After a supervised individual completes his or her confinement under this subsection, he or she may be returned to parole sanction certainty supervision under the same terms of supervision under which he or she was previously supervised, or under new parole sanction certainty supervision terms at the discretion of the department.
(4) Nothing in this chapter prevents the arrest of a parolee under section 39 or the revocation of parole under section 40a.
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258d - Parole Sanction Certainty Supervision; Violation of Condition.

791.258d Parole sanction certainty supervision; violation of condition.
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 incarceration for failure to comply with a condition of supervision.
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258e - Parole Sanction Certainty Supervision; Conditions; Informing Supervised Individual During Initial Orientation; Written Agreement.

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 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 conditions or to be immediately subject to graduated sanctions or to parole revocation under section 40a, whichever is determined by the department to be appropriate.
History:
Add. 2017, Act 1, 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-IIIB - Chapter Iiib (791.258...791.258g) › Section 791.258g - Use of Confinement Sanctions; Review and Report by Department.

791.258g Use of confinement sanctions; review and report by department.
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 confinement sanctions and evaluate the effectiveness of the sanction as measured by the supervised individuals' subsequent conduct.
(2) The department shall report all of the following on a biannual basis to the house and senate committees concerned with corrections issues:
(a) The number of supervised individuals whom the department, in consultation with the parole board, has referred for supervision under the parole sanction certainty program.
(b) The number of supervised individuals currently being supervised under the parole sanction certainty program.
History:
Add. 2017, Act 1, 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.261 - Bureau of Prisons; Establishment, Direction and Supervision.

791.261 Bureau of prisons; establishment, direction and supervision.
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.
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.262a - Local Lockup Advisory Board; Creation; Appointment, Term, and Expenses of Members; First Meeting; Election of Chairperson; Quorum; Model Policy; Review.

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 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 association of chiefs of police.
(c) The Michigan municipal league.
(d) The Michigan townships association.
(e) The Michigan judges' association.
(f) The Michigan district judges' association.
(g) The Michigan sheriffs' association.
(2) The members appointed under subsection (1) shall serve without compensation but shall be entitled to actual and necessary expenses incurred in the performance of official duties.
(3) The first meeting of the advisory board shall be convened within 60 days after the effective date of this section, at which time the members appointed under subsection (1) shall elect a chairperson. A quorum shall consist of 4 members.
(4) The local lockup advisory board shall develop and promote a model policy for use in the administration of local lockups, holding cells, and holding centers. The model policy shall be developed within 6 months after the date of the first meeting. The advisory board shall convene annually to review the model policy.
History:
Add. 1984, Act 102, Imd. Eff. May 8, 1984
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › 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.

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 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 area and provides access to a day area which is available for use by the inmates other than those inmates being disciplined. The day area shall contain an average of at least 20 additional square feet of space per inmate.
(b) The cell is at least 55 square feet in area and both of the 2 inmates housed in the cell participate in a day parole program for not less than 32 hours per week.
(2) For purposes of housing inmates as provided for under this section, the sheriff of the county shall develop and implement a classification system classifying the county jail population according to all of the following:
(a) Behavior characteristics.
(b) Similar physical characteristics.
(c) Age.
(d) Type of crime committed and criminal history.
(e) Gender.
(3) The classification system under subsection (2) shall be submitted to and approved by the department. Any classification system in effect on December 31, 1987 shall continue in effect until changed as provided in this subsection.
(4) Cells in which 2 inmates are housed shall have doors which allow visual supervision, and inmates shall be under visual supervision at least every hour.
(5) If the state incurs any expense or is liable for damages on any judgment for an action brought as the result of a county housing 2 inmates in a cell as provided in this section, the county in which the action arose shall fully indemnify the state for the expense or damages.
History:
Add. 1984, Act 145, Imd. Eff. June 25, 1984 ;-- Am. 1987, Act 252, Eff. Jan. 1, 1988 ;-- Am. 1988, Act 492, Imd. Eff. Dec. 29, 1988 ;-- Am. 2000, Act 211, Imd. Eff. June 27, 2000 ;-- Am. 2011, Act 211, Imd. Eff. Nov. 8, 2011
Popular Name:
Department of Corrections Act
Admin Rule:
R 791.501 et seq. of the Michigan Administrative Code.
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 791.262c - Housing Inmates in County Jail Cell; Conditions; Classification System; Doors; Visual Supervision.

791.262c Housing inmates in county jail cell; conditions; classification system; doors; visual supervision.
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 at least 25 square feet in area per inmate or, if the inmates are confined in the cell for 10 or more hours per day, at least 35 square feet in area per inmate. This subdivision only applies to cells constructed after January 1, 1988.
(b) The cell provides access to a day area that is available for use by other than those being disciplined. The day area shall contain at least 20 additional square feet of space per inmate. This subdivision only applies to cells constructed after January 1, 1988.
(c) The cell complies with other rules and standards for multiple occupancy housing in jails, as promulgated under section 62(3).
(2) For purposes of housing inmates as provided for under this section, the sheriff of the county shall develop and implement a classification system classifying the county jail population according to all of the following:
(a) Behavior characteristics.
(b) Similar physical characteristics.
(c) Age.
(d) Type of crime committed and criminal history.
(e) Gender.
(3) The classification system under subsection (2) shall be submitted to and approved by the department.
(4) Cells in which 2 or more inmates are housed shall have doors which allow visual supervision, and inmates shall be under visual supervision at least every hour.
History:
Add. 1987, Act 251, Eff. Jan. 1, 1988 ;-- Am. 1988, Act 293, Imd. Eff. Aug. 4, 1988 ;-- Am. 2011, Act 211, Imd. Eff. Nov. 8, 2011
Popular Name:
Department of Corrections Act
Admin Rule:
R 791.501 et seq. of the Michigan Administrative Code.
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 791.262d - Prisoners Who Are 18 to 22 Years of Age; Development of Rehabilitation Plans; Programming; Report; "Correctional Facility" Defined.

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 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 do so, programming designed for youth rehabilitation for prisoners in the custody of the department who are approximately 18 to 22 years of age. The department shall consult with the administrators of the family divisions of the circuit courts in this state and seek recommendations regarding the selection of programming designed for youth rehabilitation.
(3) The programming under subsection (2) may include, but not be limited to, both of the following:
(a) Mentoring programs provided by individuals with no misdemeanor or felony convictions.
(b) Career skills evaluation and career counseling.
(4) The department shall submit an annual report to the senate and house committees responsible for legislation concerning corrections issues detailing all of the following regarding prisoners in the custody of the department who are approximately 18 to 22 years of age:
(a) The number of these prisoners who are in the custody of the department, and the security classification at which each of these prisoners is housed.
(b) The number of these prisoners housed at each correctional facility in this state.
(c) The number, if any, of these prisoners who have been moved from 1 correctional facility to another in a manner that interrupted the prisoner's programming.
(d) The number of these prisoners who have completed programming, and if so, what specific programming was completed by the prisoners.
(5) As used in this section, "correctional facility" means a facility operated by the department, or by a private entity under contract with the department, that houses prisoners under the jurisdiction of the department.
History:
Add. 2017, Act 16, 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.263 - Wardens; Appointment; Personnel; “Correctional Facility” Defined.

791.263 Wardens; appointment; personnel; “correctional facility” defined.
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 director, appoint personnel within the bureau as may be necessary. Members of the staff and employees of each correctional facility shall be appointed by the warden subject to the approval of the director.
(2) As used in this section, "correctional facility" does not include a correctional facility described in section 20g or 20j if that facility is operated by a private contractor.
History:
1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1998, Act 512, Imd. Eff. Jan. 8, 1999 ;-- Am. 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.263a - Compensation of Correctional or Youth Correctional Facility Employees Injured by Inmate Assault or Injured During Riot; Exception; "Correctional Facility" Defined.

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 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 until worker's compensation benefits begin and then shall receive in addition to worker's compensation benefits a supplement from the department which together with the worker's compensation benefits shall equal but not exceed the weekly net wage of the employee at the time of the injury. This supplement shall only apply while the person is on the department's payroll and is receiving worker's compensation benefits. Fringe benefits normally received by an employee shall be in effect during the time the employee receives the supplement provided by this section from the department.
(2) Subsection (1) also applies to a person who is employed by the department of corrections who, while performing his or her duties in a correctional facility described in section 20g or 20j, is injured as a result of an assault by a prisoner housed in that correctional facility or is injured during a riot in that correctional facility. However, subsection (1) does not apply to any person employed by, or retained under contract by, a private contractor that operates a correctional facility described in section 20g or 20j.
(3) For purposes of this section, "correctional facility" means a facility that houses prisoners committed to the jurisdiction of the department, including a community corrections center.
History:
Add. 1975, Act 293, Imd. Eff. Dec. 10, 1975 ;-- Am. 1998, Act 512, Imd. Eff. Jan. 8, 1999 ;-- Am. 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › 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.

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 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 prisoner whose physical or mental health has deteriorated to a point which renders the prisoner a minimal threat to society.
(c) "Office of health care" means the office of health care in the department of corrections.
(2) The director may transfer a mentally or physically disabled prisoner to a medical institution for treatment and care. The transfer shall be effective for the duration of the prisoner's sentence, the duration of the existing medical condition causing the prisoner to be mentally or physically disabled, or for any other length of time considered necessary by the director, but shall not exceed the term of the sentence.
(3) The office of health care, upon the request of the director, shall determine whether a prisoner is mentally or physically disabled. The department of corrections shall continue its financial responsibility for the maintenance and care of any inmate transferred to a medical institution under this act. The department shall develop regulations for reimbursement to the institutions to which the parties are transferred.
History:
Add. 1980, Act 491, Imd. Eff. Jan. 21, 1981
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › 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.

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 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 department shall make available on line to the law enforcement information network, by way of the corrections management information system, the following information:
(a) A prisoner is transferred into a community residential program.
(b) A prisoner is transferred into a minimum custody correctional facility of any kind, including a correctional camp or work camp.
(c) A person's parole status changes.
(3) An entry under subsection (1), or information under subsection (2), shall be entered or made available not later than 24 hours after the event occurs, and shall include the prisoner's name and former name, if any, physical descriptors, the remaining term of his or her sentence, and any other information determined relevant by the department.
(4) As used in this section, "state correctional facility" means a facility or institution which houses a prisoner population under the jurisdiction of the department.
History:
Add. 1988, Act 401, Eff. Sept. 24, 1989 ;-- Am. 1996, Act 104, Eff. Apr. 1, 1996
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.265e - Transfer of Prisoner to Community Placement Facility; Notice.

791.265e Transfer of prisoner to community placement facility; notice.
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 enforcement information network to the sheriff and the Michigan state police post having jurisdiction over the county where the prisoner was originally sentenced, and to the local police department, the county sheriff and the Michigan state police post having jurisdiction over the community placement facility in which the prisoner is placed. The notice required under this section shall include the prisoner's name, the name of the community placement facility, crimes for which the prisoner is serving a sentence, and any other information determined relevant by the department.
History:
Add. 1988, Act 392, Eff. Sept. 19, 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.265f - Housing Prisoners; Prohibitions.

791.265f Housing prisoners; prohibitions.
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 the purpose of housing prisoners, the department shall not open a facility in, or enter into a new contract for, a dwelling originally constructed and intended to be used to house 1 family.
History:
Add. 1990, Act 160, Imd. Eff. July 2, 1990
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.265g - Definitions.

791.265g Definitions.
Sec. 65g.
As used in this section and sections 65h and 65i:
(a) "Community corrections center" means that term as defined in section 65a.
(b) "Community residential home" means that term as defined in section 65a.
(c) "Community status criteria" means the criteria for determining which prisoners are eligible to be placed in community corrections facilities as prescribed in section 65(g)(1).
(d) "Council" means a citizens' council formed under section 65i(1).
(e) "Prisoner" means a person who is under the jurisdiction of the department and has not been released on parole or discharged.
(f) "State correctional facility" means that term as defined in section 65a.
History:
Add. 1990, Act 353, Imd. Eff. Dec. 26, 1990
Compiler's Notes:
In subdivision (c), the reference to “section 65(g)(1)” evidently should be “section 65h(1).”
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.266 - Commitment by Courts; Purpose of Classification.

791.266 Commitment by courts; purpose of classification.
Sec. 66.
For the purpose of classification, all convicted prisoners shall be committed by courts of criminal jurisdiction of the state, to the commission, at a place to be designated 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › 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.

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, or optometric services at his or her request is responsible for a copayment fee to the department for those services, as determined by the department. If the prisoner is a minor, the prisoner's parent or guardian is also responsible for a copayment fee imposed under this section.
(2) A prisoner who intentionally injures himself or herself, and receives emergency medical care for that injury, is responsible for the entire cost of the medical care, rather than the copayment described in subsection (1).
(3) The department shall determine whether those prisoners who injure themselves intentionally shall be housed in a facility designed to allow on-site medical treatment of those injuries. Not later than 6 months after the effective date of this section, the director of the department shall report to the legislature on the feasibility and cost of implementing this subsection.
History:
Add. 1996, Act 234, Eff. Mar. 31, 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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.268 - Payment of Filing Fees or Costs by Prisoner; Court Order to Make Monthly Payments; Removal of Amount From Prisoner Institutional Account.

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 to make monthly payments for the purpose of paying the balance of filing fees or costs under section 2963 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2963 of the Michigan Compiled Laws, the department shall remove those amounts from the institutional account of the prisoner subject to the order and, when an amount equal to the balance of the filing fees or costs due is removed, remit that amount as directed in the order.
History:
Add. 1996, Act 556, Eff. Mar. 31, 1997
Compiler's Notes:
Former MCL 791.268, which pertained to mental evaluation as condition to release of certain prisoners, was repealed by Act 258 of 1974, Eff. Aug. 6, 1975.
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-IV - Chapter IV Bureau of Penal Institutions. (791.261...791.270) › Section 791.268a - Visits From Minors; Conditions; Restrictions; “Minor” Defined.

791.268a Visits from minors; conditions; restrictions; “minor” defined.
Sec. 68a.
(1) Except as otherwise provided in subsection (2), a prisoner may be permitted to receive visits from a minor brother, sister, stepbrother, stepsister, half brother, or half sister if that minor is on the prisoner's approved visitor list.
(2) Notwithstanding subsection (1), the department may do any of the following:
(a) Place limits on visiting hours, establish reasonable rules of conduct, and establish uniform quotas at each institution for visits to prisoners to promote order and security in the institutions and to prevent interference with institutional routine or disruption of a prisoner's programming.
(b) Establish requirements for who must accompany the minor on the visit.
(c) Deny, restrict, or terminate visits as determined necessary by the department for the order and security of the institution.
(3) As used in this section, "minor" means a person who is less than 18 years of age.
History:
Add. 2001, Act 8, Imd. Eff. May 25, 2001
Popular Name:
Department of Corrections Act