reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 1 - GENERAL PROVISIONS › Section R. 791.1115 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 115.
(1) Pursuant to section 63 of Act No. 306 of the Public Acts of 1969, as amended, being S24.263 of the Michigan Compiled Laws, an interested person may request a declaratory ruling from the department as to the applicability of a statute, rule, or order of the department to an actual state of facts.
(2) The request for declaratory ruling shall be submitted, in writing, to the Director, Department of Corrections, P.O. Box 30003, Lansing, Michigan 48909, and shall contain the following information:
(a) A complete account of facts which actually exist for which the declaratory ruling is sought.
(b) Specific reference to the statute, rule, or order in question.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 2 - ORGANIZATION AND OPERATION OF DEPARTMENT › Section R. 791.2205 - Warden; head of the office of residential and electronic programs; appointment; duties

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) For each institution, the director shall appoint a warden to be responsible for the institution. The warden shall do all of the following:
(a) Control and govern the institution and be responsible for discipline at the institution.
(b) Organize and enforce procedures for security.
(c) Establish procedures to ensure the regular inspection of all buildings, grounds, security equipment, fire fighting equipment, and maintenance equipment.
(d) Supervise the business concerns and moneys of the institution.
(e) Respond to prisoner grievances.
(f) Designate a program classification committee to determine appropriate programs for prisoners.
(g) Ensure that department standards of safety, security, and humane treatment are met.
(h) Develop procedures to implement, and ensure compliance with, department policy.
(i) Carry out such other duties and responsibilities as may be assigned.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 2 - ORGANIZATION AND OPERATION OF DEPARTMENT › Section R. 791.2210 - Search and seizure

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) The department shall conduct periodic and spontaneous searches of housing units and other areas within all institutions and facilities.
(2) Searches shall be conducted for the following purposes:
(a) To maintain security.
(b) To preserve order and discipline.
(c) To ensure the safety of the facility.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 2 - ORGANIZATION AND OPERATION OF DEPARTMENT › Section R. 791.2220 - Business hours of facilities; tours; visits

Current through Vol. 24-12, July 15, 2024
Rule 220.
(1) The normal business hours of department facilities shall be from 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
(2) Persons desiring to conduct business in a particular facility during nonbusiness hours shall request permission from the head of the facility.
(3) Professionals and college students in the areas of criminal justice and corrections may request permission to tour a particular facility from the head of that facility.
(4) Persons who wish to visit a departmental facility, but who do not meet the criteria of subrule (2) or (3) of this rule, shall request permission from the director.
(5) The department shall establish reasonable policies regarding news media visits to department facilities.
(6) Visits during disturbances may be permitted only with prior approval from the warden.
(7) All visitors inside the security perimeter of any facility classified above level I shall be escorted by facility staff.
(8) Visits with prisoners are governed by the provisions of R 791.6607, R 791.6609, R 791.6611, and R 791.6614.
(9) Notwithstanding the provisions of subrule (2), (6), or (7) of this rule, staff of the office of the legislative corrections ombudsman shall have access to all facilities under the control of the department as set forth in Act No. 46 of the Public Acts of 1975, as amended, being S4.351 et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 3 - PRISONER HEARING PROCEDURES › Section R. 791.3310 - Fact-finding hearing; notice; report; waiver

Current through Vol. 24-12, July 15, 2024
Rule 310.
(1) A prisoner shall receive sufficient written notice of the purpose of a factfinding hearing sufficiently prior to the hearing to allow preparation of a response. A copy of any disciplinary report or other information regarding circumstances giving rise to the hearing shall accompany the notice.
(2) A prisoner shall be afforded both of the following at a fact-finding hearing:
(a) To be present and speak on his or her own behalf.
(b) To receive a copy of any department document specifically relevant to the issue before the hearing officer, unless disclosure of the document would be a threat to the order and security of the facility or the safety of an individual.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 3 - PRISONER HEARING PROCEDURES › Section R. 791.3320 - Appeals; notice; sanctions stayed; basis of review; permissible dispositions on appeal; finality

Current through Vol. 24-12, July 15, 2024
Rule 320.
(1) A prisoner may appeal a determination made at a hearing conducted pursuant to R 791.3310 for minor misconduct as set forth in department policies and procedures. Oral notice of intent to appeal shall be given by the prisoner at the conclusion of the hearing and shall be followed by a written basis for the appeal within 24 hours after receipt of the written decision. Sanctions ordered by the hearing officer may be held in abeyance until the appeal is resolved.
(2) Within 30 calendar days after receipt of the determination, the prisoner or warden may appeal, to the hearings administrator, the determination made at a hearing conducted pursuant to R 791.11903. The hearings administrator may order a rehearing on his or her own motion at any time.
(3) A prisoner may appeal a determination made in any other administrative hearing by filing a grievance.
(4) Appeals shall be reviewed on the basis of the written summary or record of the hearing, any documentary evidence presented at the hearing, and the written reason for appeal. The reviewing official may affirm or reverse a finding of guilt or may vacate the finding and remand for a new hearing.
An obvious error in R 791.3320 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2002 AACS. The memorandum requesting the correction was published in Michigan Register, 2016 MR 24.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 4 - PRISONER CLASSIFICATION AND TRANSFER › Section R. 791.4401 - Security classification; criteria; security classification committee; levels of custody; additional criteria for certain classifications; grievance

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) A prisoner's security classification is a determination, based on the experience of correctional administrators, as to the level of confinement required for public safety and the safety and security of the facility. It is not a punitive or disciplinary sanction. All of the following factors may be considered in determining classification:
(a) The prisoner's need for protection.
(b) The safety of others.
(c) The protection of the general public.
(d) Prevention of escape.
(e) Maintenance of control and order.
(f) Medical and mental health care needs of the prisoner.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 4 - PRISONER CLASSIFICATION AND TRANSFER › Section R. 791.4415 - Extensions of limits of prisoner's confinement purposes; criteria; time limits; costs

Current through Vol. 24-12, July 15, 2024
Rule 415.
(1) A prisoner who is housed in an institution may be allowed outside the confines of that institution to obtain medical services that are not otherwise available, with the approval of the warden or designee.
(2) A prisoner who is housed in an institution also may be allowed outside the confines of that institution for the following reasons and only with the prior approval of the warden or designee:
(a) To visit an immediate family member, as defined in department policy, who is critically ill.
(b) To attend the family visitation or private funeral of an immediate family member, as defined in department policy.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 4 - PRISONER CLASSIFICATION AND TRANSFER › Section R. 791.4425 - Community status; residence; expenses; conditions; violation

Current through Vol. 24-12, July 15, 2024
Rule 425.
(1) A prisoner who is classified to community status and who is placed in a community corrections center shall be placed in a center that is located in either the county of the prisoner's most recent residence as listed on the prisoner's presentence report or a county in which the prisoner's spouse, parent, grandparent, brother, sister, or child resides. Not more than 10% of the prisoner population of any community corrections center, at any one time, may consist of prisoners who would not be placed in that community corrections center pursuant to the provisions of this subrule.
(2) Notwithstanding the provisions of subrule (1) of this rule, the department may operate a community corrections center that serves more than 1 county. Any prisoner who is placed in a center that serves more than 1 county shall meet the conditions of subrule (1) of this rule.
(3) Each prisoner who is classified to community status shall be subject to general and special conditions that are established by the head of the office of residential and electronic programs. Special conditions of placement shall be reasonably necessary to maintain public protection and assist the prisoner in making a successful adjustment to the community.When a violation of a condition is alleged, which constitutes major or minor misconduct, the charged resident is entitled to an administrative hearing as provided for in R 791.3310 and R 791.3315. A violation of a special condition of placement may be the basis for reclassification to a higher level of security.
(4) A prisoner who has been released on parole may be temporarily housed in a community corrections center if the prisoner agrees to abide by center rules and if placement is approved by the head of the office of residential and electronic programs.
(5) Each prisoner who is classified to community status shall pay expenses as specified by the director.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 5 - PRISONER MISCONDUCT › Section R. 791.5501 - Major misconduct; minor misconduct; hearing; confiscation and disposition of contraband

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) An alleged violation of department rules shall be classified as major misconduct or minor misconduct on the basis of the seriousness of the act and the disciplinary sanctions allowed. The director shall determine what constitutes major and minor misconduct, the time limits for conducting hearings, and the range of disciplinary sanctions which may be imposed upon a finding of guilt.
(2) A prisoner charged with major misconduct shall be provided a formal hearing conducted in accordance with R 791.11903. A prisoner charged with minor misconduct shall be provided a fact-finding hearing conducted in accordance with R 791.3310. Upon a finding of guilt of major or minor misconduct, the prisoner shall be subject to the disciplinary sanctions ordered by the hearing officer.
(3) A prisoner may plead guilty to a minor misconduct and waive a hearing by signing a written waiver. If the waiver is accepted, disciplinary sanctions may be imposed by the department official accepting the waiver.
(4) In addition to the disciplinary sanctions imposed by the hearing officer, a prisoner who is found guilty of a major misconduct shall be subject to both of the following provisions:
(a) A prisoner who is subject to good time or disciplinary credits will not earn good time or disciplinary credits during the month in which the major misconduct violation occurred. The warden also may forfeit previously earned good time and disciplinary credits pursuant to R 791.5513, and not grant special good time and special disciplinary credits.
(b) A prisoner who is subject to disciplinary time will accumulate disciplinary time for the major misconduct pursuant to R 791.5515.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 5 - PRISONER MISCONDUCT › Section R. 791.5513 - Forfeiture of good time and disciplinary credit

Current through Vol. 24-12, July 15, 2024
Rule 513.
(1) A prisoner who is found guilty of 1 or more of the following violations of prison rules, or of an attempt or conspiracy to violate these rules, or of acting as an accomplice to a violation may forfeit additional earned and special good time and disciplinary credits, for each violation, as follows:
(a) Up to all earned and special good time and disciplinary credits for any of the following major misconduct:
(i) Assault resulting in serious physical injury.
(ii) Sexual assault.
(iii) Homicide.
(iv) Inciting to riot or strike; rioting or striking.
(v) Escape.
(vi) Possession of a weapon. The
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 5 - PRISONER MISCONDUCT › Section R. 791.5515 - Addition and reduction the disciplinary time

Current through Vol. 24-12, July 15, 2024
Rule 515.
(1) As used in this rule, "prisoner subject to disciplinary time" has the same meaning as defined in section 34(5) of Act No. 218 of the Public Acts of 1994, being S800.34(5) of the Michigan Compiled Laws.
(2) A prisoner subject to disciplinary time who is found guilty of any of the following violations of prison rules, of an attempt or conspiracy to violate these rules, or of acting as an accomplice to violate these rules shall accumulate the following amount of disciplinary time for each violation, which shall be submitted to the parole board for consideration at the time of the prisoner's parole review or interview:
(a) All disciplinary time for the major misconduct of homicide.
(b) One hundred eighty days of disciplinary time for any of the following major misconducts:
(i) Any act that constitutes a felony under state law.
(ii) Assault resulting in serious physical injury.
(iii) Escape.
(iv) Insighting to riot or strike; riding or striking.
(v) Possession of a weapon.
(vi) Sexual assault.
(c) Thirty-five days of disciplinary time for any of the following major misconducts:
(i) Assault and battery.
(ii) Creating a disturbance.
(iii) Possession of dangerous contraband.
(iv) Possession of money.
(v) Substance abuse.
(vi) Failure to disperse.
(d) Fifteen days of disciplinary time for any of the following major misconducts:
(i) Bribery.
(ii) Fighting.
(iii) Sexual misconduct.
(iv) Threatening behavior.
(v) Smuggling.
(e) Ten days of disciplinary time for any of the following major misconducts:
(i) Destruction or misuse of property with the value of $10.00 or more.
(ii) Disobeying a direct order.
(iii) Insolence.
(iv) Theft; possession of stolen property.
(v) Unauthorized occupation of the cell or room.
(f) Seven days of disciplinary time for any of the following major misconducts:
(i) Failure to maintain employment.
(ii) Gambling; possession of gambling paraphernalia.
(iii) Interference with the administration of rules.
(iv) Out of place.
(v) Possession of forged documents; forgery.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6603 - Incoming and outgoing mail requirements; inspection; limitations; legal correspondence; notice of rejection; appeals

Current through Vol. 24-12, July 15, 2024
Rule 603.
(1) A prisoner who is in general population status shall be permitted to send sealed letters to any person or organization, subject to the limitations of this rule. However, all outgoing mail shall contain a return address, including the prisoner's first and last name and identification number and the facility's name and address. Any outgoing mail that does not contain at least the prisoner's name and identification number may be destroyed. Outgoing mail of a prisoner who is in segregation status shall be subject to inspection, except for correspondence to any of the following:
(a) Attorneys.
(b) Courts.
(c) Public officials.
(d) The department's central office staff.
(e) The office of the legislative corrections ombudsman.
(f) Representatives of the news media.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6605 - Access to the news media and interviews; suspension during emergencies

Current through Vol. 24-12, July 15, 2024
Rule 605.
(1) A prisoner shall be allowed uncensored correspondence with a news media representative subject to R 791.6603.
(2) A prisoner shall be allowed telephone access to a news media representative subject to reasonable regulation. Access by a prisoner in a facility also is subject to R 791.6638.
(3) A prisoner in a facility may be personally interviewed by a news media representative only during a visit conducted pursuant to R 791.6607 through R 791.6611 and R 791.6614, except that a prisoner on community status pursuant to R 791.4410 shall not be personally interviewed in a community corrections center. A news media representative shall not be allowed to use or possess a camera or other audio or visual recording device while on a visit with a prisoner.
(4) Except if housed in a facility, a parolee or a probationer may be personally interviewed by a news media representative unless interviews are not permitted by an order of probation or parole.
(5) The warden may temporarily suspend prisoner access to the news media during emergencies or disorders. Such suspension shall end with the return to normalcy.
(6) Nothing in this rule creates an enforceable right of a prisoner, the news media, or a news media representative.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6607 - Visitation; visiting hours; quotas; religious, legal, and official visits

Current through Vol. 24-12, July 15, 2024
Rule 607.
(1) The department shall establish reasonable visiting hours and 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 the prisoner's programming. A visit described in subrule (2) of this rule shall not be counted toward a prisoner's visiting quota.
(2) Except when the person is related to the prisoner by blood or marriage, a prisoner shall be allowed to visit with any of the following persons, who shall not be required to be on the prisoner's approved visitor list:
(a) Qualified members of the clergy of the prisoner's designated religion or clergy that the prisoner specifically requests to see.
(b) Volunteers in an outreach program that is sponsored by an external religious organization if the volunteers meet the requirements issued by the director for approved volunteers.
(c) Attorneys on official business or a legal paraprofessional or law clerk who is acting as an aide to counsel for the prisoner.
(d) An official representative of the legislative, judicial, or executive branch of government.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6609 - Limits on visitation

Current through Vol. 24-12, July 15, 2024
Rule 609.
(1) Except as otherwise provided in this rule, any person who is not subject to a current visitor restriction pursuant to the provisions of R 791.6611 may visit a prisoner if all of the following provisions are complied with:
(a) The person presents valid and adequate proof of identification.
(b) The person is on the prisoner's list of approved visitors, as provided in subrule (2) of this rule.
(c) The visit is within the allowable quota established by the department.
(d) The visit does not constitute a threat to the prisoner's physical or mental well-being.
(e) The visit does not constitute a threat to public safety or to the order and security of the institution.
(f) Allowing the visit is not harmful to the prisoner's rehabilitation.
(g) The purpose of the visit is not to commit an illegal act.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6611 - Visit restrictions; criteria; visitor restriction list; hearing

Current through Vol. 24-12, July 15, 2024
Rule 611.
(1) A person shall not be allowed to visit, and shall be required to immediately leave department property, if he or she appears intoxicated or drugged or refuses to submit to a reasonable search.
(2) A visitor shall be permanently restricted from visits at all facilities if any 1 of the following occurs:
(a) The visitor smuggles, or conspires or attempts to smuggle, any item into or out of the facility.
(b) The visitor assaults staff or others or threatens them with physical harm.
(c) The visitor assists, or conspires or attempts to assist, a prisoner to escape.
(d) The visitor or prisoner touches or exposes breasts, buttocks, or the genital area during a visit. Touching that is incidental to a brief embrace permitted at the beginning and end of a visit shall not be subject to this restriction.
(e) The visitor has a pending felony or misdemeanor charge or has been found guilty of a felony or misdemeanor that occurred in connection with a visit.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6614 - Noncontact visitation

Current through Vol. 24-12, July 15, 2024
Rule 614.
(1) Visits by members of the public with prisoners who are classified to security levels V, VI, and segregation and who are housed in an institution or housing unit of that security level may be limited to noncontact visits, except that a contact visit between a prisoner and his or her attorney shall be allowed if requested by the attorney, except as provided in subrule (2) of this rule.
(2) Visits by members of the public with prisoners who are housed in any security level may be limited to noncontact visits for any of the following reasons:
(a) A search of the visitor pursuant to the provisions of R 791.2210 cannot be conducted due to the presence of a cast, prosthetic device, oxygen tank, or any medically required device.
(b) A prisoner is being monitored for suicidal behavior and noncontact visiting is determined by the warden to be necessary to ensure the prisoner's physical safety.
(c) It is determined by the warden, based on a review of a hearing officer's finding of guilt of a major misconduct charge or upholding of a visitor restriction, that a prisoner or visitor demonstrates unmanageable behavior that is related to contact visiting.
(d) A prisoner is found guilty of a major misconduct violation of substance abuse.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6638 - Telephone monitoring

Current through Vol. 24-12, July 15, 2024
Rule 638.
(1) The director shall select a call control system that will permit the monitoring of telephone calls placed by prisoners in a facility or institution over telephones which are designated for use by prisoners.Monitoring shall be routinely conducted at facilities or institutions designated by the director.
(2) Monitoring shall be conducted to preserve the security and orderly management of the institution or facility; to prevent criminal activity, including the smuggling of contraband; and to protect the general public. Telephone calls to an attorney or any federal, state, or local public official shall not be monitored if all of the following conditions are met:
(a) The attorney is not related to the prisoner by blood or marriage.
(b) The prisoner identifies the telephone number as that of his or her attorney or a federal, state, or local public official and staff verify the information.
(c) The federal, state, or local public official requests, in writing, that telephone calls placed to that public official not be monitored.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 6 - PRISONER RIGHTS AND PRIVILEGES › Section R. 791.6639 - Prisoner accounts; accumulation and use of funds; institutional medium of exchange; solicitation of funds; controls of spending; illegal funds; negative balance; authorized withdrawals; return of balance

Current through Vol. 24-12, July 15, 2024
Rule 639.
(1) The department shall allow each prisoner to have an institutional account in which he or she may accumulate funds without limit, subject to regulation as to the authorized sources of funds.
(2) Unless the funds are designated by the source for the specific purpose of release planning or payment for medical or educational expenses, or are subject to court-ordered child support or other court-ordered payments, the funds may be used by the prisoner for any of the following purposes:
(a) Transfer to family members.
(b) Payment of business expenses, as approved by the facility head or designee.
(c) Payment of legal fees or costs that are associated with filing or pursuing litigation.
(d) The purchase of United States savings bonds in the prisoner's name only.
(e) Payment for services or merchandise, as approved by the facility head or designee.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7715 - Factors considered in granting or denying parole; psychological or psychiatric evaluations

Current through Vol. 24-12, July 15, 2024
Rule 715.
(1) Except as provided in section 34a of Act No. 232 of the Public Acts of 1953, as amended, being S791.234a of the Michigan Compiled Laws, a prisoner shall not be released on parole until the parole board has considered all relevant facts and circumstances, including the prisoner's probability of parole as determined by the parole guidelines set forth in R 791.7716 and any crime victim's statement provided under section 21 of Act No. 87 of the Public Acts of 1985, as amended, being S780.771 of the Michigan Compiled Laws.
(2) The parole board may consider all of the following factors in determining whether parole is in the best interests of society and public safety:
(a) The prisoner's criminal behavior, including all of the following:
(i) The nature and seriousness of the offenses for which the prisoner is currently serving.
(ii) The number and frequency of prior criminal convictions.
(iii) Pending criminal charges.
(iv) Potential for committing further assaultive or property crimes.
(v) Age as it is significant to the likelihood of further criminal behavior.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7716 - Parole guidelines; factors; departure; appeal

Current through Vol. 24-12, July 15, 2024
Rule 716.
(1) Parole guidelines that do not create disparities in release decisions based on race, color, national origin, gender, religion or disability shall be used to assist the parole board in making release decision that enhance the public safety.
(2) Not less than once every 2 years, the department shall publish a numeric score for the factors set forth in subrule (3) of this rule and shall establish parole guideline score ranges which shall, to the extent possible based on current validity research, ensure that prisoners who score in the high probability of parole range do not exceed an assaultive felony recidivism rate of 5%.
(3) A parole guideline score shall be based on a combination of the length of time the prisoner has been incarcerated for the offense for which parole is being considered and each of the following factors:
(a) The nature of the offense(s) for which the prisoner is incarcerated at the time of parole consideration, as reflected by all of the following aggravating and mitigating circumstances:
(i) Use of a weapon or threat of a weapon.
(ii) Physical or psychological injury to a victim.
(iii) Property damage of more than $5,000.00.
(iv) Excessive violence or cruelty to a victim beyond that necessary to commit the offense.
(v) Sexual offense or sexually assaultive behavior.
(vi) Victim transported or held captive beyond that necessary to commit the offense.
(vii) Multiple victims.
(viii) Unusually vulnerable victim, as reflected by age, impairment, or physical disproportionality.
(ix) The prisoner acted as a leader of joint offenders.
(x) The prisoner has been designated as involved in organized crime under R 791.4410(l)(k)(iii).
(xi) The prisoner has been designated as being a career criminal under R 791.4410(l)(k)(iv).
(xii) The prisoner has been designated as a drug trafficker under R 791.4410(l)(k)(v).
(xiii) The prisoner is serving life or a long indeterminate sentence and is being considered for parole under section 34(4) of Act No. 232 of the Public Acts of 1953, as amended, being §
												791.234(4) of the Michigan Compiled Laws.
(xiv) The act was a situational crime with low probability of reoccurrence.
(xv) The prisoner's role was minor or peripheral to other joint offenders.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7730 - Conditions of parole

Current through Vol. 24-12, July 15, 2024
Rule 730.
(1) Each order of parole shall set the parole term and shall contain conditions of parole that are reasonably necessary to assist a parolee to lead a law-abiding life. There shall be a reasonable relationship between parole conditions and both the prisoner's previous conduct and present capabilities. All conditions shall be sufficiently specific to guide both supervision and conduct.
(2) Parole may be conditioned on residence at a community correctional facility when the parole board determines this to be necessary to parole adjustment.
(3) An order of parole shall contain the following conditions:
(a) Payment of restitution to, or the performance of services for, the victim of the prisoner's crime or the victim's estate if the prisoner has been sentenced to make restitution under section 16 of Act No. 87 of the Public Acts of 1985, as amended, being S780.766 of the Michigan Compiled Laws.
(b) Payment of a parole oversight fee as set forth in section 36a of Act No. 232 of the Public Acts of 1953, as amended, being S791.236a of the Michigan Compiled Laws.
(c) Payment of any assessment that the prisoner was ordered to pay pursuant to section 5 of Act No. 196 of the Public Acts of 1989, as amended, being S780.905 of the Michigan Compiled Laws.
(d) If the prisoner is a sex offender, as defined in section 2 of Act No. 295 of the Public Acts of 1994, being S28.722 of the Michigan Compiled Laws, a condition that the prisoner shall maintain registration with the department of state police as required by the act.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7735 - Search of parolee's person or property

Current through Vol. 24-12, July 15, 2024
Rule 735.
(1) A parole agent may conduct a warrantless search of a parolee's person or property under any of the following circumstances:
(a) Incident to a lawful arrest pursuant to section 39 of Act No. 232 of the Public Acts of 1953, as amended, being S791.239 of the Michigan Compiled Laws.
(b) A stop and frisk, if there is reasonable cause to believe that the parolee is presently involved in criminal conduct, has violated a condition of parole, or is carrying a weapon.
(c) Seizure of evidence or contraband in plain view.
(d) With the consent of the parolee or a third party having mutual control over the property to be searched.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7740 - Preliminary parole revocation hearing; time; substitution of preliminary examination

Current through Vol. 24-12, July 15, 2024
Rule 740.
(1) As set forth in section 39a of Act No. 232 of the Public Acts of 1953, as amended, being S791.239a of the Michigan Compiled Laws, a parolee is entitled to a preliminary hearing within 10 days after his or her arrest for an alleged violation of parole or a fact finding hearing held pursuant to section 40a of Act No. 232 of the Public Acts of 1953, as amended, being S791.240a of the Michigan Compiled Laws. For purposes of this subrule, "arrest" means either of the following:
(a) The placement of a parolee in custody solely for a parole violation.
(b) The retention in custody of a parolee who has been held on a criminal charge and who has posted bond on that charge and is now held solely as a parole violator.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7745 - Preliminary parole revocation hearing; rights of alleged violator

Current through Vol. 24-12, July 15, 2024
Rule 745. In addition to the rights set forth in section 39a of Act No.232 of the Public Acts of 1953, as amended, being S791.239a of the Michigan Compiled Laws, a parolee at a preliminary parole revocation hearing has the right to be heard by a hearing officer who has had no prior direct involvement in the matter at issue at the hearing and has the right to be represented by retained or appointed counsel if any of the following provisions applies:
(a) A request for counsel is made not less than 24 hours before the hearing, and the parolee has made a claim of innocence which is plausible but may be difficult to prove.
(b) There might be substantial reasons which justify or mitigate the violation, which make revocation inappropriate, and which are complex or otherwise difficult to present.
(c) The accused is mentally unable to properly present a defense. In all cases where a request for counsel is denied, the grounds for refusal shall be stated in the written report of the hearing.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7750 - Preliminary parole revocation hearing; waiver; summary of hearing; sufficiency of evidence

Current through Vol. 24-12, July 15, 2024
Rule 750.
(1) An alleged parole violator may waive a preliminary parole revocation hearing or any of the rights in the parole revocation process specified by statute or rule. A waiver shall be in writing and signed by the person charged.
(2) When a preliminary parole revocation hearing is held, the hearing officer shall make a written summary of the hearing, which shall include the substance of the statements and evidence in support of the parolee's position and the department's position and the reasons for the hearing officer's decision.
(3) If the evidence presented at the hearing is insufficient to support a probable cause finding, a finding of no probable cause shall be entered and the parolee shall be released immediately. If the evidence presented at the hearing is sufficient to support a probable cause finding, the parolee shall be continued in custody pending the decision of the deputy director or designate regarding his or her return.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7760 - Pardons, reprieves, and commutations

Current through Vol. 24-12, July 15, 2024
Rule 760.
(1) A person who is convicted of a crime may apply for a pardon, reprieve, or commutation by filing a notarized copy of the appropriate application with the parole board. The application shall contain all of the following information:
(a) Date of conviction and sentence imposed for the crime for which the person is seeking clemency.
(b) Personal history, including all of the following information:
(i) Age.
(ii) Citizenship.
(iii) Marital status.
(iv) Number of dependents.
(v) If on parole or discharged from sentence, employment history and character references.
(c) Criminal record.
(d) Circumstances of crime for which the person is seeking clemency.
(e) Reasons for seeking clemency.
(f) Other relevant information requested by the parole board.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE › Section R. 791.7765 - Parole board panels

Current through Vol. 24-12, July 15, 2024
Rule 765.
(1) The parole board shall be divided into panels that are comprised of 3 members each, as designated by the chairperson of the parole board, and shall make parole release, revocation, and rescission decisions for prisoners serving indeterminate sentences, except for decisions under section 34(4) of Act No. 232 of the Public Acts of 1953, as amended, being S791.2 34(4) of the Michigan Compiled Laws. The decisions specified in this subrule shall be made by a concurrence of the majority of the parole board panel members.
(2) A parole release, revocation, or rescission decision for a prisoner considered for parole pursuant to section 34(4) of Act No. 232 of the Public Acts of 1953, as amended, being S791.234(4) of the Michigan Compiled Laws, and all other parole board decisions required by statute, rule, or policy, including, but not limited to, commutation requests and special paroles, shall be made by the parole board. The decisions specified in this subrule shall be made by a concurrence of the majority of the parole board members.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 9 - PROBATION › Section R. 791.9901 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 901. As used in this part:
(a) "Disposition" means a term of probation or imprisonment, or a fine, or any combination thereof, imposed upon the offender by the sentencing court.
(b) "Offender" means a person convicted of a felony or misdemeanor.
(c) "Presentence investigation" means an investigation of the antecedents, character, and circumstances of the offender and the offense, made by the presentence investigator for the purpose of preparing a presentence report.
(d) "Presentence investigator" means a probation agent responsible for conducting presentence investigations and preparing presentence reports.
(e) "Presentence report" means a written report, based on the presentence investigation, made by the presentence investigator to the sentencing court for the purpose of aiding the court in reaching a just and rational disposition of an offender's case.
(f) "Probation agent" means a member of the bureau of field services or a public employee certified by the corrections commission, who is responsible for the preparation of presentence reports on offenders or for the supervision of probationers placed in his or her care by the sentencing court, or responsible for both such functions.
(g) "Probation plan" means a statement by the presentence investigator in the presentence report describing proposed terms and conditions of probation, the objectives to be achieved by probation, and the program of supervision proposed in order to achieve those objectives.
(h) "Probationer" means an offender who is placed on probation by the sentencing court.
(i) "Sentencing court" means the court with jurisdiction to pass or modify sentence on a particular offender's case, or a member of the bench of that court who has responsibility for sentencing, resentencing, or modifying the sentence of a particular offender.
(j) "Short form" means a brief presentence report which contains a summary of the data relating to the current offense, the offender's criminal and social history, and a recommended disposition.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 9 - PROBATION › Section R. 791.9920 - Supervision of probationer; notice of conditions; methods of supervision; modification of order

Current through Vol. 24-12, July 15, 2024
Rule 920.
(1) When an offender is placed on probation, the supervising probation agent shall provide the offender with a copy of the order and inform the offender of the statutory conditions, as well as all of the terms and conditions contained in the order, and the possible consequences of a failure to adhere to the conditions of probation.
(2) For the purpose of monitoring the probationer's adjustment while on probation, the probation agent may:
(a) Inquire into the probationer's employment status, including, but not limited to, the probationer's performance on the job, relationships with fellow employees, and relationships with supervisors.
(b) Conduct interviews with probationer, members of the probationer's family, and acquaintances.
(c) Make other reasonable inquiries to determine whether the objectives of probation are being met.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 9 - PROBATION › Section R. 791.9930 - Petition for probation revocation hearing; notice; violation report

Current through Vol. 24-12, July 15, 2024
Rule 930.
(1) A probation agent shall petition the sentencing court for a probation revocation hearing when instructed to do so by the court or when the probation agent believes that revocation is necessary.
(2) A petition for a probation revocation hearing shall contain a statement of the specific condition allegedly violated and a brief description of the circumstances of the alleged violation.
(3) The probation agent shall provide the probationer with a copy of the petition not less than 24 hours before the scheduled hearing.
(4) The probation agent shall file a probation violation report with the sentencing court within a reasonable time before the hearing. The report shall contain a full description of the alleged violation and the circumstances surrounding it and a summary of the probationer's development and adjustment while on probation.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 1 - GENERAL PROVISIONS AND DECLARATORY RULINGS › Section R. 38.131 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				  in these rules:
(a) "Act" means 1937 (Ex.
				  Sess.) PA 4, MCL 38.71 to 38.191, which is commonly known as the teachers
				  tenure act.
(b) "Commission" means
				  the state tenure commission created by the act.
(c) "Electronic submission" means submission
				  by email, by facsimile, or by any other electronic means approved by the
				  commission.
(d) "Person" means an
				  individual, partnership, association, corporation, limited liability company,
				  limited liability partnership, governmental subdivision, or public or private
				  organization of any kind, other than the commission.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 1 - GENERAL PROVISIONS AND DECLARATORY RULINGS › Section R. 38.132 - Meetings of commission; hours of commission office

Current through Vol. 24-12, July 15, 2024
Rule 2. The chairperson of the commission or a majority of
					 its members may call a meeting of the commission. Subject to state holidays,
					 the hours of the office of the commission are 8 a.m. to noon and 1 p.m. to 5
					 p.m. Monday to Friday.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 1 - GENERAL PROVISIONS AND DECLARATORY RULINGS › Section R. 38.133 - Office of commission

Current through Vol. 24-12, July 15, 2024
Rule 3. The office of the commission is in the office of
					 the state superintendent of public instruction. The address of the commission
					 is: State Tenure Commission, Michigan Department of Education, P.O. Box 30008,
					 608 W. Allegan Street, Lansing, Michigan 48909. The email address of the
					 commission is: MDE-AdminLaw@michigan.gov, and the facsimile number of the
					 commission is: 517-241-6987. The telephone number of the commission is:
					 517-241-6986, and the web address of the commission is:
www.michigan.gov/adminlaw
.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 1 - GENERAL PROVISIONS AND DECLARATORY RULINGS › Section R. 38.135 - Request for declaratory ruling

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) An
				  interested person may request that the commission issue a declaratory ruling on
				  how a statute administered by the commission or a rule or order of the
				  commission applies to an actual state of facts.
(2) An interested person shall file a request
				  for a declaratory ruling in the office of the commission by personal delivery,
				  by mail as defined in
				  R
				  38.146(2), or by electronic
				  submission as defined in
				  R 38.131. A request may include a brief
				  and must contain all of the following:
(a) A
				  clear and concise statement of the actual state of facts on which the
				  commission would base a ruling.
(b)
				  A precise statement of the legal question or issue.
(c) A citation of any statute or
				  administrative rule at issue.
(d)
				  The signature of the person making the request.
(e) The name, address, telephone number, and
				  email address of the person making the request.
Michigan Administrative Code › Department - Education › State Tenure Commission › Teacher Tenure General Rules › Part 2 - APPEAL PROCEDURES › Section R. 38.141 - Representation; appearance; withdrawal

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				  party may represent himself or herself before the commission or an attorney in
				  good standing with the State Bar of Michigan may represent a party.
(2) An attorney who represents a party before
				  the commission shall file a written appearance on or before the time of the
				  filing of the claim of appeal or the answer, whichever is applicable, at the
				  office of the commission. An attorney who has filed an appearance with the
				  commission may withdraw only by order of the administrative law judge or the
				  commission.