MCL - Index of Chapter 791
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| Chapter 791 | DEPARTMENT OF CORRECTIONS |
| Act 4 of 1947 (2nd Ex. Sess.) | Repealed-DEPARTMENT OF CORRECTIONS (791.1 - 791.123) |
| Act 11 of 2017 | Repealed-SUPERVISING REGION INCENTIVE ACT (791.131 - 791.137) |
| Act 232 of 1953 |
CORRECTIONS CODE OF 1953 (791.201 - 791.285) ***** 791.234.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2024 REGULAR SESSION SINE DIE ***** ***** 791.234 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2024 REGULAR SESSION SINE DIE: See 791.234.amended ***** |
| 232-1953-I | CHAPTER I DEPARTMENT OF CORRECTIONS. (791.201...791.220j) |
| Section 791.201 | State department of corrections; creation; powers and duties; administration; Michigan corrections commission; appointment, qualifications, and terms of members; officers and assistants; director as executive head; vacancy; compensation and expenses; executive office; office accommodations; meetings. |
| Section 791.201a | Short title. |
| Section 791.202 | Michigan corrections commission; election of chairperson and other officers; meetings; quorum; powers and duties; conducting business at public meeting; notice. |
| Section 791.203 | Corrections commission; director of corrections, appointment, qualifications, salary, powers and duties. |
| Section 791.204 | State department of corrections; jurisdiction. |
| Section 791.205 | Corrections commission; assistant directors, powers and duties. |
| Section 791.205a | Employment or appointment by department of person convicted or charged with felony; prohibition; exception; policy. |
| Section 791.206 | Rules. |
| Section 791.207 | Report to governor and legislature; time; order by board of auditors; printing and distribution. |
| Section 791.207a | Records of department; accessibility by governing bodies of senate and house fiscal agency. |
| Section 791.208 | Division of criminal statistics; powers and duties of director. |
| Section 791.208a | Definitions; recidivism rates; collection and maintenance of data; manner. |
| Section 791.209 | Corrections commission; crime prevention and criminology research. |
| Section 791.210 | Corrections commission; bond of officers and employees, purpose. |
| Section 791.211 | Corrections commission; powers and duties. |
| Section 791.211a | Interstate corrections compact; contracts; suitability of institutions for confinement; out-of-state transfer of prisoners; conditions. |
| Section 791.212 | Michigan corrections commission; seal; rules and orders; records and papers as evidence; commission as body corporate; leasing lands and granting easements; availability of certain writings to public. |
| Section 791.213 | Corrections commission; gifts, donations, bonds, real or personal property; purpose. |
| Section 791.214 | Corrections commission; estimation of needs and cost, submission to department of administration. |
| Section 791.214a | Family reunification policy; family advisory board; creation; membership, duties. |
| Section 791.215 | “Correctional facility” defined. |
| Section 791.216 | Establishment of correctional facility; determination of need; comprehensive plan; notice of proposal; local advisory board; public hearing required; procedure; public notice of hearings; minutes of hearing; finding and notice of final site selection; option to lease, purchase, or use property. |
| Section 791.217 | Action for noncompliance with site selection process. |
| Section 791.218 | Relations with city, village, or township in which facility located; duties of advisory committee or advisory board. |
| Section 791.219 | Applicability of MCL 791.215 to 791.219 to correctional facilities. |
| Section 791.220-791.220c | Repealed. 1995, Act 28, Imd. Eff. May 10, 1995. |
| Section 791.220d | Repealed. 1987, Act 176, Imd. Eff. Nov. 19, 1987. |
| Section 791.220e | Scott correctional facility; western Wayne correctional facility; capacity limits; increase. |
| Section 791.220f | Construction of correctional facility; requirements; definition. |
| Section 791.220g | Youth correctional facility. |
| Section 791.220h | Order of restitution; deductions and payments. |
| Section 791.220i | Correctional facility described in MCL 791.220g; use; interlocal agreement; contract for housing, custody, and care of detainees or inmates from other agencies; requirements; performance of duties by personnel; oversight; civil liability; definitions. |
| Section 791.220j | Contract resulting in annual savings; employment consideration. |
| 232-1953-II | CHAPTER II BUREAU OF PROBATION. (791.221...791.230a) |
| Section 791.221 | Bureau of probation; creation; supervision. |
| Section 791.222 | Probation officers; appointment, supervision, and removal; grounds for removal of probation employee; receipt of compensation, gift, or gratuity as misdemeanor; powers and duties of commission. |
| Section 791.223 | Assistant director as administrative head; powers and duties; forms for reports by probation officers. |
| Section 791.223a | Probation personnel as members of state classified civil service; compensation of county probation employees; plan; rents, contractual services, supplies, materials, and equipment. |
| Section 791.224 | Repealed. 1979, Act 89, Eff. Apr. 1, 1980. |
| Section 791.225 | Probation service; compensation of probation officers; service grants. |
| Section 791.225a | Supervision fees; collection; records; payment; waiver; allocation of money collected for other obligations; administrative costs; enhanced services; unpaid amounts; "electronic monitoring device" defined. |
| Section 791.226 | Repealed. 1972, Act 179, Imd. Eff. June 16, 1972. |
| Section 791.227 | Repealed. 1979, Act 89, Eff. Apr. 1, 1980. |
| Section 791.228 | Information on juvenile probationers; assistance; free access to books, records, files, and documents. |
| Section 791.229 | Privileged or confidential communications; access to records, reports, and case histories; confidential relationship inviolate. |
| Section 791.230 | Repealed. 1994, Act 131, Imd. Eff. May 19, 1994. |
| Section 791.230a | Exemptions from disclosure under freedom of information act. |
| 232-1953-III | CHAPTER III BUREAU OF PARDONS AND PAROLES; PAROLE BOARD. (791.231...791.246) |
| Section 791.231 | Bureau of field services; establishment; direction and supervision by deputy director; appointment; duties; assistants. |
| Section 791.231a | Parole board; establishment; appointment, terms, and removal of members; vacancy; salary and expenses; designation and responsibility of chairperson; powers and duties. |
| Section 791.231b | Parole denials; report. |
| Section 791.232 | Repealed. 1992, Act 181, Eff. Nov. 15, 1992. |
| Section 791.233 | Grant of parole; conditions; paroles-in-custody; rules. |
| Section 791.233a | Repealed. 1982, Act 314, Imd. Eff. Oct. 15, 1982. |
| Section 791.233b | Eligibility for parole; minimum term. |
| Section 791.233b[1] | “Major controlled substance offense” defined. |
| Section 791.233c | “Prisoner subject to disciplinary time” defined. |
| Section 791.233d | Samples for DNA identification profiling. |
| Section 791.233e | Parole guidelines; rules; reasons for departure from guidelines; waiver for subsequent review; report. |
| Section 791.234 | Prisoners subject to jurisdiction of parole board; indeterminate and other sentences; termination of sentence; prisoner sentenced to imprisonment for life; ineligibility for parole; criteria for placement on parole; conditions; interview; release on parole; discretion of parole board; appeal to circuit court; cooperation with law enforcement by prisoner violating MCL 333.7401 and 333.7403; offenses occurring before certain date; notice to prosecuting attorney before granting parole; motion to object; procedures; definitions. |
| Section 791.234.amended | Prisoners subject to jurisdiction of parole board; indeterminate and other sentences; termination of sentence; prisoner sentenced to imprisonment for life; ineligibility for parole; criteria for placement on parole; conditions; interview; release on parole; discretion of parole board; appeal to circuit court; cooperation with law enforcement by prisoner violating MCL 333.7401 and 333.7403; offenses occurring before certain date; notice to prosecuting attorney before granting parole; motion to object; procedures; definitions. |
| Section 791.234a | Placement of prisoner in special alternative incarceration unit. |
| Section 791.234b | Placement of prisoner on parole; release to United States immigration and customs enforcement; deportation. |
| Section 791.234c | Prisoner reentry; identification documents; refusal of prisoner to obtain documents; written information to be provided to prisoner; electronic access by secretary of state to prisoner information; reentry success fund. |
| Section 791.234d | Documents to be issued prisoner upon release; certificate of employability; issuance; revocation; false statement or representation as misdemeanor; confirmation of validity; form; liability of department for certain actions. |
| Section 791.235 | Release of prisoner on parole; procedure; medical parole for medically frail; definitions. |
| Section 791.235.amended | Release of prisoner on parole; procedure; medical parole for medically frail; definitions. |
| Section 791.236 | Order of parole; notice; rescission; amendment; individualized conditions; supervision; restitution; payment of parole supervision fee; condition requiring payment of assessment or minimum state cost; compliance with sex offenders registration act; violation of certain sections; condition requiring housing in community corrections center or community residential home; condition requiring payment by parolee; review to ensure payment of restitution; report of violation; registration of parolee; electronic monitoring; condition to protect named person; release of prisoner; notice of residence or domicile; monitoring by global positioning monitoring system; written consent to submit to search; "violent felony" defined. |
| Section 791.236a | Collection of supervision fee by parole board; payment; allocation of money collected for other obligations; waiver of fee; determination and collection of fee for offender transferred to state under interstate compact; administrative costs; unpaid amounts; "electronic monitoring device" defined. |
| Section 791.237 | Paroled or discharged prisoner; furnishing clothing, transportation, and money; repayment of money; prisoner identification card; cost of implementing section. |
| Section 791.238 | Custody of paroled prisoner; warrant for return of paroled prisoner; incarceration pending hearing; treatment as escaped prisoner; time during parole violation not counted as time served; forfeiture of good time; committing crime while on parole; construction of parole. |
| Section 791.239 | Paroled prisoner; arrest without warrant. |
| Section 791.239a | Arrest for alleged parole violation; right to preliminary hearing; notice of hearing; rights at hearing; postponement; notice of charges, summary of evidence, and determination of guilt when preliminary hearing not held. |
| Section 791.240 | Prisoner convicted of violent felony; placement on parole; special provisions; history of substance abuse; report; definitions. |
| Section 791.240a | Parole; revocation; violation; right to fact-finding hearing; time and location of hearing; parolee determined to be indigent; appointment of attorney; notice; rights at hearing; postponement; notice to director if hearing not conducted within certain time period; insufficient evidence; reinstatement to parole status; finding of parole violation; revocation of parole; noncompliance with order to make restitution; "violent felony" defined. |
| Section 791.241 | Order rescinding or reinstating parole. |
| Section 791.242 | Final order of discharge; certificate; period of parole. |
| Section 791.243 | Applications for pardon; filing, information. |
| Section 791.244 | Parole board interview of prisoner serving sentence for first degree murder or sentence of imprisonment for life without parole; board duties upon own initiation or receipt of application for reprieve, commutation, or pardon; exception; files as public record. |
| Section 791.244a | Reprieve, commutation, or pardon; request from governor to expedite review and hearing process; basis; duties of parole board; files as public record. |
| Section 791.245 | Hearing; administering oath to witness. |
| Section 791.246 | Decisions and recommendations of parole board; majority vote required. |
| 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. |
| Section 791.252 | Procedures applicable to prisoner hearing. |
| Section 791.253 | Official record of hearing; preparation; contents; exclusion of certain evidence. |
| Section 791.254 | Rehearing; order; request; conduct; evidence; amending or vacating decision or order; rules. |
| 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. |
| Section 791.256 | Prisoners confined in another state; right to hearings. |
| 232-1953-IIIB | CHAPTER IIIB (791.258...791.258g) |
| Section 791.258 | Chapter short title. |
| Section 791.258a | Definitions. |
| 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. |
| Section 791.258c | Common types of supervision violations; list of presumptive graduated sanctions; factors; process to review and approve or reject; confinement sanction. |
| Section 791.258d | Parole sanction certainty supervision; violation of condition. |
| Section 791.258e | Parole sanction certainty supervision; conditions; informing supervised individual during initial orientation; written agreement. |
| Section 791.258f | Parole sanction certainty supervision; violation of conditions; powers of department; notice of intended graduated sanction; issuance by supervising agent; failure of supervised individual to comply; confinement; completion of conditions; modification; duties of supervising agent. |
| Section 791.258g | Use of confinement sanctions; review and report by department. |
| 232-1953-IV | CHAPTER IV BUREAU OF PENAL INSTITUTIONS. (791.261...791.270) |
| Section 791.261 | Bureau of prisons; establishment, direction and supervision. |
| Section 791.262 | Definitions; administration of state correctional facilities; supervision and inspection of jails and lockups; rules and standards; variance; advice and services; enforcement of orders; residence of sheriff as part of county jail; visitation and inspection by member of commission or designee; records; forms; violation as misdemeanor. |
| Section 791.262a | Local lockup advisory board; creation; appointment, term, and expenses of members; first meeting; election of chairperson; quorum; model policy; review. |
| 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. |
| Section 791.262c | Housing inmates in county jail cell; conditions; classification system; doors; visual supervision. |
| Section 791.262d | Prisoners who are 18 to 22 years of age; development of rehabilitation plans; programming; report; "correctional facility" defined. |
| Section 791.263 | Wardens; appointment; personnel; “correctional facility” defined. |
| Section 791.263a | Compensation of correctional or youth correctional facility employees injured by inmate assault or injured during riot; exception; "correctional facility" defined. |
| Section 791.264 | Classification of prisoners; classification committee; information; filing; investigation; computation of sentence; recomputation based on amended judgment. |
| Section 791.265 | Transfer or re-transfer of prisoner; confinement in secure correctional facility; "offender" defined; transfer of offenders to country of citizenship; notification to judge and prosecutor; objections; "secure correctional facility" defined. |
| Section 791.265a | Extending limits of confinement; rules; escape from custody; eligibility for extensions of limits of confinement; placement in community residential home; definitions. |
| 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. |
| Section 791.265c | Work camp; construction, maintenance, and operation; purpose; assignment of prisoners; displacement of employed persons or workers on strike or locked out; agreement of bargaining unit; citizens advisory committee; escape; reimbursement of department; collecting and dispersing wages; amount of wages; rules. |
| 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. |
| Section 791.265e | Transfer of prisoner to community placement facility; notice. |
| Section 791.265f | Housing prisoners; prohibitions. |
| Section 791.265g | Definitions. |
| Section 791.265h | Placement in community corrections center or community residential home; community status criteria; location of center; prisoner population; curfew; random checks. |
| Section 791.265i | Citizens' council. |
| Section 791.266 | Commitment by courts; purpose of classification. |
| Section 791.267 | Temporary confinement; study of prisoner; suitability of prisoner to type of rehabilitation required; report; execution of confinement order; test for HIV or antibody to HIV; applicability of subsection (2); housing prisoner in administrative segregation, inpatient health care unit, or unit separate from general prisoner population; reporting positive test result; exposure of employee to blood or body fluid of prisoner; testing employee; employee equipment; HIV positive prisoner not to work in health facility; seroprevalence study; disclosure of test results; counseling; AIDS education program; definitions. |
| 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. |
| Section 791.267b | Exposure of employee to blood or body fluid of prisoner; request to test prisoner for HIV or HBV infection; form and contents of request; determination; prisoner consent not required; counseling; determination not requiring HIV or HBV infection testing; notice of HIV or HBV test results; confidentiality; forms; violation of subsection (8) as misdemeanor; report; definitions. |
| Section 791.268 | Payment of filing fees or costs by prisoner; court order to make monthly payments; removal of amount from prisoner institutional account. |
| Section 791.268a | Visits from minors; conditions; restrictions; “minor” defined. |
| Section 791.269 | Confiscation and disposal of items in possession of prisoner; request of victim or victim's representative; "victim's representative" defined. |
| Section 791.269a | Subjecting visitor to pat down search; condition; waiver; definitions. |
| Section 791.269b | Inmate reentry services; applicants from nonprofit faith-based, business and professional, civic, and community organizations; screening, approval, and registration of organizations; denial; posting of telephone number and application on public Internet website; endorsement or sponsorship by department prohibited; required participation by inmate prohibited. |
| Section 791.270 | Monitoring of telephone communications; conditions; disclosure of obtained information; evidence in criminal prosecution; definitions. |
| 232-1953-V | CHAPTER V BUREAU OF PRISON INDUSTRIES. (791.271...791.271) |
| Section 791.271 | Bureau of prison industries; supervision of industrial plants. |
| 232-1953-VI | CHAPTER VI MISCELLANEOUS. (791.281...791.285) |
| Section 791.281 | Powers and duties transferred; department abolished; rules and regulations. |
| Section 791.282 | Transfers of appropriations. |
| Section 791.283 | Reversed, vacated, or overturned conviction or sentence; prisoner discharged from custody; services and documents to be provided to prisoner; assignment of staff; reinstatement or resentencing; repayment for services. |
| Section 791.284 | Supervised individuals who have absconded from supervision and whom law enforcement agency is actively seeking; list; definitions. |
| Section 791.285 | Lifetime electronic monitoring program; establishment; implementation; manner of wearing or carrying; reimbursement; "electronic monitoring" defined. |
| E.R.O. No. 1982-4 | Repealed-EXECUTIVE REORGANIZATION ORDER (791.301 - 791.301) |
| E.R.O. No. 1991-12 | EXECUTIVE REORGANIZATION ORDER (791.302 - 791.302) |
| Section 791.302 | Transfer of department of corrections to new department of corrections; transfer of powers and duties of Michigan corrections commission to new department of corrections. |
| E.R.O. No. 1992-3 | EXECUTIVE REORGANIZATION ORDER (791.303 - 791.303) |
| Section 791.303 | Abolition of bureau of field services and position of deputy director of bureau of field services; transfer of powers and duties to director of the Michigan department of corrections. |
| E.R.O. No. 2009-3 | EXECUTIVE REORGANIZATION ORDER (791.304 - 791.304) |
| Section 791.304 | Establishment of Michigan parole and commutation board within department of corrections; transfer of powers and duties of parole board to Michigan parole and commutation board; abolishment of parole board. |
| E.R.O. No. 2011-3 | EXECUTIVE REORGANIZATION ORDER (791.305 - 791.305) |
| Section 791.305 | Creation of Michigan parole board within department of corrections; transfer of powers and duties of Michigan parole and commutation board to Michigan parole board; abolishment of Michigan parole and commutation board. |
| Act 511 of 1988 | COMMUNITY CORRECTIONS ACT (791.401 - 791.414) |
| Section 791.401 | Short title. |
| Section 791.402 | Definitions. |
| Section 791.403 | Office of community corrections; creation; office as autonomous entity; composition; appointment of administrator; state community corrections advisory board; creation; appointment, representation, and terms of members; vacancy; expenses; chairperson. |
| Section 791.404 | Duties of state board; recidivism rates, collection and maintenance of data; manner. |
| Section 791.405 | Duties of office. |
| Section 791.406 | Application for funding and other assistance; county advisory board; regional advisory board; city-county advisory board; city advisory board. |
| Section 791.407 | Membership and appointment of boards. |
| Section 791.408 | Comprehensive corrections plan. |
| Section 791.409 | Jurisdiction of sentencing court. |
| Section 791.410 | Nonprofit service agency; application for direct state funding; notice; appointment or creation of advisory board; contract with nonprofit service agency; limitation on direct funding. |
| Section 791.411 | Authorized payments for community corrections programs; funding for administration; current spending not to be supplanted. |
| Section 791.412 | Repealed. 2018, Act 302, Eff. Sept. 27, 2018. |
| Section 791.413 | Transfer of records, property, personnel, and unexpended balances of appropriations and other resources. |
| Section 791.414 | Rules. |
| Act 415 of 1982 | CORRECTIONAL OFFICERS' TRAINING ACT OF 1982 (791.501 - 791.517) |
| Section 791.501 | Short title. |
| Section 791.502 | Definitions. |
| Section 791.503 | Correctional officers' training council; creation; duties; membership. |
| Section 791.504 | Council members; terms; appointment; vacancy; reappointment. |
| Section 791.505 | Council chairperson and vice-chairperson; designation; terms of office; reelection; location and number of council meetings; special meetings; establishment of procedures and requirements; conduct of business at public meeting; public notice; compensation; expenses. |
| Section 791.506 | Council member not disqualified from holding public office or employment. |
| Section 791.507 | Executive secretary; appointment; functions and duties; compensation; expenses. |
| Section 791.508 | Administrative support services; separate appropriation. |
| Section 791.509 | Certification or recertification of state correctional officer. |
| Section 791.510 | Automatic certification and annual recertification of state correctional officer; recertification requirements; approval of minimum standards and requirements for certification and recertification. |
| Section 791.511 | Certification or recertification of person employed as state correctional officer after March 30, 1983, but before January 1, 1985; requirements. |
| Section 791.512 | Certification or recertification of person employed as state correctional officer; requirements; certification or recertification of correctional officer or immediate supervisor at former Detroit house of correction; conditions to automatic certification and recertification of department direct care employee, forensic security aide, or work camp supervisor; certification and recertification of forensic security aide at Huron valley center; approval of minimum standards and requirements for certification and recertification. |
| Section 791.513 | Minimum standards and requirements for state correctional officers; development; approval. |
| Section 791.514 | Repealed. 2003, Act 121, Eff. Oct. 1, 2003. |
| Section 791.515 | Central training academy; establishment; provision of funds; separate appropriation. |
| Section 791.515a | Certification program for new employee training offered by community colleges and colleges; decertification. |
| Section 791.516 | Annual report. |
| Section 791.517 | Rules. |
| Act 125 of 2003 | LOCAL CORRECTIONS OFFICERS TRAINING ACT (791.531 - 791.546) |
| Section 791.531 | Short title. |
| Section 791.532 | Definitions. |
| Section 791.533 | Sheriffs coordinating and training office; creation; head of office; chief executive officer; executive secretary. |
| Section 791.534 | Qualifications and appointment of members; vacancy; reappointment; terms. |
| Section 791.535 | Chairperson; vice-chairperson; designation; terms; reelection; meetings; conduct; compensation. |
| Section 791.536 | Holding public office or employment; disqualification prohibited. |
| Section 791.537 | Administrative support services. |
| Section 791.538 | Standards and requirements. |
| Section 791.539 | Local corrections officers advisory board; creation; qualifications and appointment of members; terms; vacancy; reappointment; compensation; development and recommendation of standards and requirements; training facilities. |
| Section 791.540 | Annual report. |
| Section 791.541 | Local corrections officer; certification. |
| Section 791.542 | Local corrections officer; evidence of employment; certification. |
| Section 791.543 | Local corrections officer; certification; conditions. |
| Section 791.543a | Collective bargaining agreement; temporary transfer or assignment. |
| Section 791.544 | Duties of council. |
| Section 791.545 | Local corrections officers training fund; creation in state treasury; administration; source of funds; use; eligibility of counties to receive grants; reimbursement of fee; unexpended funds. |
| Section 791.546 | Acceptance of funds, grants, and gifts. |
| E.R.O. No. 1995-14 | EXECUTIVE REORGANIZATION ORDER (791.601 - 791.601) |
| Section 791.601 | Transfer of powers and duties of office of community alternatives to department of corrections by type II transfer. |