There is hereby created a state department of corrections, hereinafter called the department, which shall possess the powers and perform the duties granted and conferred. The department shall consist of and be administered by a commission of 6 members appointed by the governor, by and with the advice and consent of the…
Michigan Compiled Laws — CORRECTIONS CODE OF 1953 (Act 232 of 1953)
Michigan · statute · 232 of 1953, Mich. Comp. Laws · 117 active provisions
Short title.
This act shall be known and may be cited as the "corrections code of 1953".
Michigan corrections commission; election of chairperson and other officers; meetings; quorum; powers and duties; conducting business at public meeting; notice.
(1) The commission shall elect annually a chairperson and other officers as it considers expedient. A meeting shall be held not less than once each month or at other times as considered necessary. A majority of the total membership of the commission shall constitute a quorum for the transaction of business. The commiss…
Corrections commission; director of corrections, appointment, qualifications, salary, powers and duties.
The commission shall appoint a director of corrections who shall be qualified by training and experience in penology. He shall hold office at the pleasure of the commission except that he may be removed for cause and only after a public hearing before the commission. He shall receive such salary as shall be appropriate…
State department of corrections; jurisdiction.
Subject to constitutional powers vested in the executive and judicial departments of the state, the department shall have exclusive jurisdiction over all of the following: (a) Probation officers of this state, and the administration of all orders of probation. (b) Pardons, reprieves, commutations, and paroles. (c) Pena…
Corrections commission; assistant directors, powers and duties.
The director, subject to the approval of the commission, shall appoint an assistant director in charge of probation, an assistant director in charge of pardons and paroles, an assistant director in charge of penal institutions, an assistant director in charge of prison industries, and an assistant director in charge of…
Employment or appointment by department of person convicted or charged with felony; prohibition; exception; policy.
(1) Except as otherwise provided in this section, an individual who has been convicted of a felony, or who is subject to any pending felony charges, shall not be employed by or appointed to a position in the department. (2) If records available to the department show that an applicant for employment or appointment has…
Rules.
(1) The director may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for all of the following: (a) The control, management, and operation of the general affairs of the department. (b) Supervision and control of probationers and probation officers thr…
Report to governor and legislature; time; order by board of auditors; printing and distribution.
On or before the 15th day of January of each year, the commission shall make to the governor and legislature a report of the department for the preceding fiscal year. Such report, if so ordered by the board of state auditors, shall be printed and distributed in such manner and to such persons, organizations, institutio…
Records of department; accessibility by governing bodies of senate and house fiscal agency.
(1) Except as provided in subsection (2), the governing bodies of the senate and house fiscal agencies shall have access to all records of the department of corrections relating to individuals under the supervision of the department of corrections including, but not limited to, records contained in basic information re…
Division of criminal statistics; powers and duties of director.
Within the department there shall be established a general division of criminal statistics under the supervision and control of the director. He shall have the power and it shall be his duty to obtain from all chiefs of police, sheriffs, state police, prosecuting attorneys, courts, judges, parole and probation officers…
Definitions; recidivism rates; collection and maintenance of data; manner.
(1) As used in this act: (a) "Recidivism" means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placeme…
Corrections commission; crime prevention and criminology research.
The commission shall study the problem of crime prevention and foster research in criminology. It shall lend its aid in local crime prevention activities.
Corrections commission; bond of officers and employees, purpose.
The commission may require a bond from any officer or employee appointed by or subject to the control of the commission, conditioned upon the faithful performance of his duties and the accounting for all money and property within his control.
Corrections commission; powers and duties.
The commission shall exercise the powers and duties created by Act No. 89 of the Public Acts of 1935, being sections 798.101 to 798.103, inclusive, of the Compiled Laws of 1948, and by any interstate compact made and entered into pursuant to said act, in regard to the control and supervision of parolees and probationer…
Interstate corrections compact; contracts; suitability of institutions for confinement; out-of-state transfer of prisoners; conditions.
(1) The director of corrections may enter into contracts on behalf of this state as the director considers appropriate to implement the participation of this state in the interstate corrections compact under article III of the interstate corrections compact. The contracts may authorize confinement of prisoners in, or t…
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.
(1) The commission shall devise a seal, and the rules of the commission shall be published over the seal of the commission. All orders of the commission shall be issued over the seal of the commission. A copy of the records and papers in the office of the department, certified by an authorized agent of the commission a…
Corrections commission; gifts, donations, bonds, real or personal property; purpose.
The commission may receive on behalf of the state of Michigan any grant, devise, bequest, donation, gift or assignment of money, bonds or choses in action, or of any property, real or personal, and accept the same, so that the right and title to the same shall pass to the state of Michigan; and all such bonds, notes or…
Corrections commission; estimation of needs and cost, submission to department of administration.
The commission shall prepare for submission to the department of administration the estimated needs and costs to operate the department, and the several penal institutions under the jurisdiction of the department, in accordance with the requirements of the laws of this state.
Family reunification policy; family advisory board; creation; membership, duties.
(1) The department shall create a family reunification policy. The family reunification policy must include the creation of a permanent family advisory board that consists of not fewer than 11 and not more than 16 members, including the following: (a) One individual designated by the director who is an employee of the…
“Correctional facility” defined.
As used in this act, "correctional facility" means a facility or institution which is maintained and operated by the department.
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.
(1) The department shall develop a comprehensive plan for determining the need for establishing various types of correctional facilities, for selecting the location of a correctional facility, and for determining the size of the correctional facility. The comprehensive plan shall not be implemented until the legislatur…
Action for noncompliance with site selection process.
(1) A person who resides in the city, village, or township in which the department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction against the department if the department is not abiding by the site selection process provided in section 16. (2) An action brought u…
Relations with city, village, or township in which facility located; duties of advisory committee or advisory board.
After a correctional facility is established, the department shall maintain relations with the city, village, or township in which the facility is located. The department shall request the officials notified under section 16(3)(b) to (g) to appoint an advisory committee or continue the advisory board established pursua…
Applicability of MCL 791.215 to 791.219 to correctional facilities.
This section and sections 15 to 18 shall apply to correctional facilities established or proposed after the effective date of the concurrent resolution approving the comprehensive plan and to correctional facilities which are proposed before the effective date of the concurrent resolution approving the comprehensive pl…