DEPARTMENT OF CORRECTIONS  
GENERAL RULES  
(By authority conferred on the director of the department of corrections by section 6  
of 1953 PA 232, MCL 791.206.)  
PART 1. GENERAL PROVISIONS  
R 791.1101 Definitions.  
Rule 101. As used in these rules:  
(a) "Department" means the department of corrections.  
(b) "Director" means the director of the department.  
(c) "Facility" means a corrections center, technical rule violation center, special  
alternative incarceration program facility, an institution, or a part thereof that is  
maintained by the department.  
(d) "Institution" means a facility that is under the administrative control of the  
deputy director of correctional facilities administration  
(e) "Offender" means a prisoner, parolee, or probationer who is committed to the  
jurisdiction of the department.  
(f) "Ombudsman" or "corrections ombudsman" means the office of the  
legislative corrections ombudsman created by 1975 PA 46, MCL 4.351 et seq.  
(g) "Resident" means a prisoner who is committed to the jurisdiction of the  
department.  
History: 1979 AC; 1989 AACS; 1993 AACS; 2002 AACS.  
R 791.1115 Declaratory rulings.  
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.  
(3) The director or his or her designee may, but is not required to, issue a  
declaratory ruling when properly requested. Lack of response within 30 days of  
receipt of the request shall be deemed a denial of the request for a declaratory ruling.  
History: 1979 AC; 1989 AACS.  
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PART 2. ORGANIZATION AND OPERATION OF DEPARTMENT  
R 791.2205  
Warden; head of the office of residential and electronic  
programs; appointment; duties.  
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.  
(2) The head of the office of residential and electronic programs shall act as  
warden of all community corrections centers and community residential homes  
and shall have all powers and authority given to wardens of institutions.  
History: 1979 AC; 1989 AACS; 1993 AACS.  
R 791.2210 Search and seizure.  
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.  
(3) Contraband, stolen property, or other material possessed in violation of  
department rules shall be seized.  
(4) Searches of prisoners shall be conducted in accordance with established  
department policy.  
(5) The department may conduct a search for contraband of a person who enters  
a correctional facility as a visitor, volunteer, employee, contractor, or in any other  
capacity, as set forth in section 4 of Act No.17 of the Public Acts of 1909, as amended,  
being S800.284 of the Michigan Compiled Laws, and in sections 25a and 25b of Act  
No. 175 of the Public Acts of 1927, as amended, being SS764.25a and 764.25b of  
the Michigan Compiled Laws.  
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(6) A search shall not be conducted for the purpose of harassing or humiliating  
a prisoner, visitor, or employee.  
History: 1979 AC; 1989 AACS.  
R 791.2220 Business hours of facilities; tours; visits.  
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,  
791.6609, R 791.6611, and R 791.6614.  
R
(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.  
History: 1979 AC; 1993 AACS.  
PART 3. PRISONER HEARING PROCEDURES  
R 791.3301 Rescinded.  
History: 1979 AC; 1987 AACS; 2002 AACS; 2015 AACS.  
R 791.3305 Rescinded.  
History: 1979 AC; 2015 AACS.  
R 791.3310 Fact-finding hearing; notice; report; waiver.  
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Rule 310. (1) A prisoner shall receive sufficient written notice of the purpose of a fact-  
finding 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.  
(3) The hearing officer shall make a summary report of the hearing and decision or  
recommendation.  
(4) A prisoner may waive a fact-finding hearing. Waivers for minor misconduct  
hearings are subject to R 791.5501.  
History: 1979 AC; 1989 AACS; 2002 AACS; 2015 AACS.  
R 791.3315 Rescinded.  
History: 1979 AC; 1987 AACS; 2015 AACS.  
R 791.3320  
Appeals; notice; sanctions stayed; basis of review; permissible  
dispositions on appeal; finality.  
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.  
History: 1979 AC; 1987 AACS; 2002 AACS.  
Editor's Note: 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.  
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PART 4. PRISONER CLASSIFICATION AND TRANSFER  
R 791.4401 Security classification; criteria; security classification  
committee; levels of custody; additional criteria for certain classifications;  
grievance.  
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.  
(2) After examination of all relevant information, a prisoner shall be assigned  
to 1 of the following. that is the least restrictive level of custody consistent with the  
requirements of subrule (1) of this rule:  
(a) Segregation.  
(b) Level VI.  
(c) Level V.  
(d) Level IV.  
(e) Level III.  
(f) Level II.  
(g) Level I.  
(h) Community status.  
(3) Security classifications to all levels, except level VI and community  
status, shall be determined at each institution by a committee which is appointed by  
the warden and which is under the direction of the deputy director for correctional  
facilities. The deputy director of correctional facilities administration shall determine  
all placements at level VI.  
Placement on community status requires the concurrence of the administrator of the  
office of field programs and is subject to R 791.4410 and R 791.4425.  
(4) A prisoner who objects to a reclassification decision may file a grievance.  
History: 1979 AC; 1987 AACS; 1989 AACS; 1993 AACS; 2002 AACS.  
R 791.4410 Community status; classification and placement.  
Rule 410. (1) The administrator of the office of field programs may classify a  
prisoner to community status under R 791.4401 only if the prisoner meets all of the  
following criteria:  
(a) Has a classification of security level I that is not due to a waiver.  
(b) Is not currently serving a sentence of imprisonment for prison escape.  
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(c) Is not currently serving a sentence of imprisonment for a crime specified  
by the provisions of MCL 769.2a.  
(d) Has not been convicted of an offense specified in the Sex Offenders  
Registration Act, 1994 PA 295, MCL 28.721, even if convicted before the effective  
date of that act.  
(e) If returned for violating a condition of parole, is within 8 months of the next  
parole action date.  
(f) Is not designated as a very high assaultive risk.  
(g) Does not have health care needs that would  
be  
significantly more  
expensive if provided in the community, as determined by the bureau of health care  
services, and has a physical and psychological condition consistent with the demands  
of the program.  
(h) Has had satisfactory adjustment under department supervision, including  
while incarcerated, that indicates a willingness to conform to the rules of the program.  
(i) Has no pending felony charges and is not subject to a felony detainer or to  
deportation proceedings.  
(j) Agrees to drug testing as a prerequisite for placement on community  
status as required by the department.  
(k) Has not been given a special designation by  
the  
department that  
These special  
permanently excludes placement on  
designations are as follows:  
community  
status.  
(i) Unwarranted risk to the public, which is defined as any of the following:  
(A) Predatory, compulsive, or assaultive sexual behavior in the background  
of the prisoner.  
(B) A history of 2 or more incidents involving  
behavior.  
assaultive  
or violent  
(C) A current conviction for a felony, the description of which indicates  
there was an act by any participant in the crime that resulted in the death of a victim.  
(ii) Involved in organized crime, which is defined as participation in a continuing  
illegal business in which the prisoner acted  
in  
concert with others, occupied a  
position of management, or was an executor of violence.  
(iii) Professional criminal, which is defined as involvement in an ongoing  
criminal activity as a major source of livelihood or having substantial resources or  
income where legitimate activity or employment is not capable of producing such  
resources or income.  
(iv) Drug trafficker, which is defined as any of the following:  
(A) A person with a current conviction, including probation, for an offense or  
conspiracy or attempt to commit an offense in violation of MCL 333.7101 et seq., the  
description of which indicates that any of the following were related to the offense  
through time, place, or circumstances:  
(1) Seven grams or more of any substance that contains heroin or cocaine, or both.  
(2) One pound or more of marijuana or hashish, or both.  
(3) One hundred units, including pills, capsules or hits, or the equivalent of  
any other controlled substance.  
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(B) A person who local law enforcement officials confirm, on the basis of  
reliable evidence, is considered by them to be a significant trafficker in controlled  
substances in the community.  
(C) A person with a current conviction, including probation, for delivery or  
possession, or conspiracy or attempt to deliver or possess, controlled substances  
beyond personal use and limited sale to support the prisoner's own addiction.  
(l) Is not serving for any of the following violent  
or  
assaultive crimes,  
including attempt conspiracy or solicitation to commit the crime, or for a violation of  
MCL 750.227b with an underlying conviction for one of the following crimes:  
(i) MCL 257.625(4) or (5) Person under the influence of intoxicating liquor or  
controlled substance; driving on highways or other areas; violations; causing death  
or injury to others.  
(ii) MCL 333.5210 Knowledge of AIDS or HIV infection; sexual penetration.  
(iii) MCL 750.72 Burning dwelling house.  
(iv) MCL 750.81 Assault and assault and battery; domestic assault.  
(v) MCL 750.81a Assault and infliction of serious injury.  
(vi) MCL 750.81c Threats, assaults,  
independence agency employees.  
and  
batteries  
against family  
(vii) MCL 750.82 Felonious assault.  
(viii) MCL 750.83 Assault with intent to commit murder.  
(ix) MCL 750.84 Assault with intent to do great bodily  
harm  
less than  
murder.  
(x) MCL 750.86 Assault with intent to maim.  
(xi) MCL 750.87 Assault with intent to commit felony not otherwise punished.  
(xii) MCL 750.88 Assault with intent to rob and steal; unarmed.  
(xiii) MCL 750.89 Assault with intent to rob and steal; armed.  
(xiv) MCL 750.91 Attempt to murder.  
(xv) MCL 750.110a Home invasion in the first degree.  
(xvi) MCL 750.136b Child abuse.  
(xvii) MCL 750.136a Torturing of children; penalty.  
(xviii) MCL 750.157b Solicitation of murder.  
(xix) MCL 750.197c Jail or place of confinement; assault of employee or  
custodian, or break and escape.  
(xx) MCL 750.204 Sending explosives with intent to injure persons.  
(xxi) MCL 750.205 Placing explosives with intent to destroy; no resulting  
damage.  
(xxii) MCL 750.206 Placing explosives with intent to destroy; causing  
damage to property.  
(xxiii) MCL 750.207 Placing explosives with intent to destroy; causing  
injury to any person.  
(xxiv) MCL 750.208 Placing explosives; aiding and abetting with intent to  
destroy.  
(xxv) MCL 750.209 Placing offensive or injurious substance or compound by  
real or personal property with intent to cause physical injury.  
(xxvi) MCL 750.209a Possession of explosive substance or device in public  
with intent to terrorize, frighten, intimidate, etc.  
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(xxvii) MCL 750.210 Possession of bombs with intent to use unlawfully.  
(xxviii) MCL 750.211 Explosives; manufacture with intent to use unlawfully.  
(xxix) MCL 750.211a Device designed to explode upon  
application of heat, or device highly incendiary; possession with intent to use  
unlawfully; evidence.  
impact, upon  
(xxx) MCL 750.213 Malicious threats to extort money.  
(xxxi) MCL 750.234a Intentional discharge of firearm from motor vehicle,  
snowmobile or off-road vehicle.  
(xxxii) MCL 750.234b Intentional discharge of firearm at dwelling or  
occupied structure.  
(xxxiii) MCL 750.234c Intentional discharge of firearm at emergency or law  
enforcement vehicle.  
(xxxiv) MCL 750.316 First degree murder.  
(xxxv) MCL 750.317 Second degree murder.  
(xxxvi) MCL 750.321 Manslaughter.  
(xxxvii) MCL 750.324 Negligent homicide.  
(xxxviii) MCL 750.325 Negligent homicide; manslaughter where due to  
operation of motor vehicle.  
(xxxix) MCL 750.327 Death due to explosives.  
(xl) MCL 750.328 Death due to explosives; placed with intent to destroy  
building or object.  
(xli) MCL 750.329 Death; firearm pointed intentionally but without malice.  
(xlii) MCL 750.349 Kidnapping.  
(xliii) MCL 750.349a Prisoner taking another as a hostage.  
(xliv) MCL 750.350 Kidnapping; child under 14.  
(xlv) MCL 750.377b Malicious destruction of property; property of police or fire  
department.  
(xlvi) MCL 750.397 Mayhem.  
(xlvii) MCL 750.411h Stalking.  
(xlviii) MCL 750.411i Aggravated stalking.  
(il) MCL 750.479 Resisting or obstructing officer in discharge of duty where  
there is physical harm or threat of physical harm.  
(l) MCL 750.479a Failure to obey police or conservation officers'  
directions to stop vehicle, assault, where there is physical harm or threat of physical  
harm.  
(li) MCL 750.506a Assaults while lawfully imprisoned or detained.  
(lii) MCL 750.517 Entering train for robbing by means of intimidation.  
(liii) MCL 750.529 Armed robbery; aggravated assault.  
(liv) MCL 529a Carjacking  
(lv) MCL 750.530 Unarmed robbery.  
(lvi) MCL 750.531 Bank, safe, and vault robbery where there is physical harm or  
the threat of harm to others.  
(lvii) MCL 752.191 Felonious driving.  
(lviii) MCL 752.541 Riot.  
(lix) MCL 752.542 Incitement to riot.  
(lx) MCL 752.542a Rioting; state correctional facilities.  
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(lxi) MCL 750.543a et seq. Michigan anti-terrorism act.  
(lxii) MCL 752.861 Careless, reckless, or negligent use of firearms.  
(lxiii) Any other crime created by a state law enacted after the effective date  
of this rule that is determined by the director to be violent or assaultive.  
(2) Prisoners who are classified to community status under R 791.4401 may be  
placed in the community under the following time schedule:  
(a) If serving a sentence for an offense subject to disciplinary time, only after  
serving the minimum sentence imposed by the court for that offense.  
(b) If serving for an offense not subject to disciplinary time, not earlier than 1  
year before the earliest release date, subject to either of the following:  
(i) If sentenced as an habitual offender for a crime not identified in subrule  
(1)(l) of this rule or serving only a sentence  
under  
MCL 750.227b with an  
underlying conviction for a crime not identified in subrule (l)(l) of this rule, not earlier  
than 8 months before the earliest release date.  
(ii) If convicted of a felony committed while under the jurisdiction of the  
department, not earlier than 2 years after the date of sentence for that offense.  
(3) For purposes of this rule, the earliest release date is defined as follows:  
(a) For those prisoners who are eligible for good time or disciplinary  
credits, including those sentenced as habitual offenders for a crime not identified in  
subrule (1)(l) of this rule for whom the parole board has received permission to  
parole on the minimum sentence minus applicable credits, the date is the minimum  
sentence minus all regular credit and special credit.  
(b) For those prisoners who are sentenced as habitual offenders for a crime not  
identified in subrule (1)(l) of this rule for whom the parole board has not received  
permission to parole on the minimum sentence minus applicable credits, the date is the  
minimum sentence imposed by the court, without reduction by disciplinary credits  
or good time.  
(c) For prisoners who are serving a life sentence, the date shall be the parole  
date, as set by the parole board.  
(4) If more than 1 of the criteria in this rule apply, the more restrictive  
criterion is controlling.  
(5) A prisoner who has been given a special designation under subrule (1)(k) of  
this rule may request a formal hearing, conducted under R 791.3315 by the department's  
hearings division, to determine if that designation is proper.The hearing shall be held  
within 90 days after receipt of a request for a hearing by the office of field programs.  
(6) A prisoner may be reclassified from community status under R 791.4401.  
(7) Nothing in this rule creates an enforceable right of a prisoner to be classified  
to or remain on community status.  
History: 1979 AC; 1987 AACS; 1993 AACS; 2003 AACS.  
R 791.4415 Extensions of limits of prisoner's  
criteria; time limits; costs.  
confinement purposes;  
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.  
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(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.  
(3) Only prisoners who have a true security level of I, II, or III are eligible for  
funeral and sick bed visits. A prisoner serving  
a
life sentence is eligible only if a  
commutation has been granted by the governor or a parole release date has been  
established by the parole board and if the prisoner has served not less than 15  
calendar years with good institutional adjustment.  
(4) A prisoner shall not be approved for funeral and sick bed visits that exceed  
a cumulative total of 30 days during the prisoner's current incarceration. Each  
funeral or sick bed visit shall be considered to be 1 day, regardless of the actual length  
of time. A funeral or sick bed visit, including travel, shall not be approved for more  
than 12 hours in duration, except that the deputy director for correctional facilities  
may approve a visit up to 24 hours in duration for a prisoner required to travel more  
than 500 miles round trip. Funeral and sick  
Michigan shall not be approved.  
bed  
visits outside the state of  
(5) A prisoner approved for a funeral or sick bed visit shall remain in the custody  
of correctional officers at all times to, from, and during the visit.  
Costs incurred for the visit, including all custodial costs, shall be borne by the  
prisoner or the prisoner's family.  
History: 1979 AC; 1993 AACS; 2002 AACS.  
R 791.4420 Community status; work release; conditions.  
Rule 420. (1) A prisoner is eligible for consideration for work release for paid  
employment in the community when all of the following conditions have been met:  
(a) The prisoner is classified to security level I and housed in a camp.  
(b) The prisoner has demonstrated good institutional and community  
adjustment and a willingness to honor the trust implicit in the program, which means  
that both of the following provisions have been satisfied:  
(i) There has been a willingness to accept supervision as demonstrated by the  
absence of repeated major misconduct violations or by lack of a violation of parole  
while serving the current sentence.  
(ii) The prisoner has not escaped or attempted escape in the past, including  
escape from community status.  
(c) The prisoner's physical and psychological condition is consistent with the  
demands of the program.  
(d) The prisoner is not currently serving a sentence for, and does not have a  
history of, a sexual crime or any offense that involved a sexual crime.  
(e) The prisoner is not serving a sentence of life imprisonment.  
(f) The prisoner is not designated as a high or very high assaultive risk and is  
not a potentially high or very high assaultive risk.  
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(g) The prisoner has not been found guilty of a bondable major misconduct  
within 90 days, or of a nonbondable major misconduct within 2 years, of the date of  
application for the program. Bondable and nonbondable major misconducts shall be  
defined by the director pursuant to the provisions of R 791.5501(1).  
(h) The prisoner has not been found guilty of a major misconduct that occurred  
while on a public works or work pass assignment, unless placement is approved by the  
deputy director for correctional facilities or his or her designee.  
(i) The prisoner has not been convicted of a felony or misdemeanor that occurred  
while on a work pass or public works assignment.  
(j) The prisoner has successfully completed a minimum of 30 days in a public  
works assignment immediately preceding the date of application for the program and,  
except in hardship cases as determined by the warden, shall have completed  
reception center recommendations for adult basic education.  
(k) The prisoner does not have a pending felony charge or felony or  
immigration detainer.  
(l) The prisoner has not been denied placement in community status pursuant  
to the provisions of R 791.4410 during the sentence that the prisoner is currently  
serving.  
(m) The prisoner is within 180 days of the earliest release date, as defined in R  
791.4410, if previously convicted of, or currently serving for, an assaultive crime or  
attempt or conspiracy to commit an assaultive crime as identified in R 791.4410 or for  
an offense connected with an assaultive offense if described as such in the  
presentence investigation report. If the prisoner is currently serving a sentence for  
such an assaultive offense and was previously convicted of an assaultive offense, the  
prisoner is not eligible for work release.  
(n) If serving for a nonassaultive crime, the prisoner shall be within 3 years of the  
earliest release date.  
(o) If serving only a sentence pursuant to the provisions of section 227b of Act  
No. 328 of the Public Acts of 1931, as amended, being S750.227b of the  
Michigan Compiled Laws, the prisoner shall be within 6 months of the completion of  
the sentence.  
(p) The prisoner shall not be sentenced as a habitual offender pursuant to the  
provisions of section 10, 11, or 12 of Act No. 175 of the Public Acts of 1927, as  
amended, being SS769.10, 769.11, or 769.12 of the Michigan Compiled Laws.  
(q) There is no documented objection from a public official to placement in a  
community setting and no unusual notoriety surrounding the current offense.  
(2) A prisoner's placement in the program may be delayed or denied by the  
warden after a review of the prisoner's overall institutional adjustment and  
criminal history. A prisoner whose placement in the program is denied or delayed  
pursuant to the provisions of this subrule shall be given the reason for the denial or  
delay and the date when she or he may reapply for reconsideration in the program.  
(3) The warden shall designate personnel for screening, selecting, and processing  
work release applications.  
(4) Work release employment shall not result in the displacement of employed  
persons in the community. The pay scale shall meet minimum wage requirements and  
prevailing wages for similar work in the community. The place of employment shall  
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provide proof of worker's compensation coverage and shall meet prevailing safety  
standards. The department shall maintain liaison with the employer and the appropriate  
Michigan employment security commission office.  
(5) The wages of a prisoner who is engaged in paid employment in the  
community shall be collected by the work camp and disbursed as set forth in section  
65c(7) of Act No. 232 of the Public Acts of 1953, as amended, being S791.265c(7) of  
the Michigan Compiled Laws. In addition, a prisoner who has dependents for whom  
there is a court order for support shall have an amount deducted to satisfy that order.  
History: 1979 AC.; 1987 AACS; 1993 AACS.  
R 791.4425  
violation.  
Community status;  
residence;  
expenses;  
conditions;  
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.  
History: 1979 AC.; 1993 AACS.  
PART 5. PRISONER MISCONDUCT  
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R 791.5501 Major misconduct; minor misconduct; hearing; confiscation and  
disposition of contraband.  
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.  
(5) Property determined to be contraband at a misconduct hearing or based on a  
waiver accepted pursuant to this rule shall be confiscated and disposed of in accordance  
with department policy as directed by the hearing officer or department official who  
accepted the waiver.  
History: 1979 AC; 1987 AACS; 2002 AACS.  
Editor's Note: An obvious error in R 791.5501 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, 2015 MR 24.  
R 791.5505 Rescinded.  
History: 1979 AC.; 1987 AACS; 1993 AACS; 1995 AACS; 2002 AACS.  
R 791.5510 Rescinded.  
History: 1979 AC; 1987 AACS; 1989 AACS; 2002 AACS.  
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R 791.5513 Forfeiture of good time and disciplinary credit.  
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  
(b) Up to 2 years of earned and special good time and disciplinary credits for  
any of the following major misconduct:  
(i) Fighting.  
(ii) Threatening behavior.  
(iii) Failure to disperse.  
(iv) Creating a disturbance.  
(v) Destruction or misuse of property with a value of $10.00 or more.  
(vi) Possession of dangerous contraband.  
(vii) Bribery.  
(viii) Possession of money.  
(ix) Sexual misconduct.  
(x) Any act that constitutes a felony under state law.  
(xi) Substance abuse.  
(xii) Assault and battery.  
(xiii) Smuggling.  
(c) Up to 1 year of earned and special good time and disciplinary credits for  
any of the following major misconduct:  
(i) Disobeying a direct order.  
(ii) Forgery.  
(iii) Interference with the administration of rules.  
(iv) Insolence.  
(v) Theft; possession of stolen property.  
(vi) Failure to maintain employment.  
(vii) Unauthorized occupation of a cell or room.  
(viii) Out of place.  
(ix) Gambling; possession of gambling paraphernalia.  
(2) Within the limits set forth in this rule, the warden shall determine the amount  
of earned and special good time and disciplinary credits that the prisoner forfeits, if any,  
pursuant to subrule (1) of this rule.  
History: 1980 AACS; 1987 AACS; 1989 AACS; 1993 AACS; 1998-2000 AACS.  
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R 791.5515 Addition and reduction the disciplinary time.  
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.  
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(3) If a prisoner is found guilty of more than 1 violation arising from a single  
incident, then the disciplinary time accumulated for each violation shall run  
concurrently.  
(4) Disciplinary time that is been accumulated maybe reduced for exemplary good  
conduct. The director shall establish the amount, if any, of disciplinary time  
accumulated pursuant to subrule (2) of this rule that maybe reduced or exemplary good  
conduct.  
(5) The director shall establish the amount, if any, of disciplinary time deducted  
pursuant to subrule (4) of this rule to be restored if a prisoner is subsequently found guilty  
of a major misconduct.  
(6) Notwithstanding subrules (2), (3), and (5) of this rule, a prisoner's minimum  
sentence plus disciplinary time shall not exceed the prisoner's maximum sentence.  
History: 1998-2000 AACS.  
PART 6. PRISONER RIGHTS AND PRIVILEGES  
R 791.6603  
Incoming and outgoing mail requirements; inspection;  
limitations; legal correspondence; notice of rejection; appeals.  
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.  
(2) A prisoner determined to be indigent by department policy shall be loaned a  
reasonable amount of postage each month, not to exceed the equivalent of 10 first-  
class mail stamps for letters within the United States of 1 ounce or less. Additional  
postage shall be loaned to prisoners as necessary to post mail to courts, attorneys,  
and parties to a lawsuit that is required for pending litigation. The department shall  
provide air, certified, oversize, foreign, and overweight mail service for use at the  
prisoner's individual expense only, except that the cost of certified mail will be loaned  
to a prisoner if the department is required to do so by a court order.  
(3) Subject to the limitations of this rule, a prisoner may receive printed, typed,  
or handwritten items that are transmitted through the United States postal service,  
interdepartmental mail, or  
a
commercial delivery service. Books, magazines, and  
other publications shall be permitted only if sent directly to the prisoner from  
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internet book vendors authorized by the department or from the publisher, or if  
ordered by the prisoner through the facility and sent directly to the prisoner from a  
vendor authorized by the department. Catalogs, except as specifically authorized by  
department policy, and used publications are prohibited.  
(4) All incoming mail shall be opened and inspected for contraband before  
delivery to the addressee. Contraband is defined as any property that a prisoner is not  
specifically authorized to possess by department policy. All incoming mail from  
another prisoner may be read.  
(5) A prisoner shall not be allowed to send or receive any item of mail that is or  
does any of the following:  
(a) Contravenes federal or state law.  
(b) Violates postal regulations.  
(c) Contains a criminal plan or conspiracy.  
(d) Is threatening.  
(e) Is addressed to any party who expressly objects to receiving mail from a  
prisoner if the item is sent after the prisoner has been notified of the objection.  
(f) Is a threat to the order and security of the facility or the rehabilitation of  
a prisoner.  
(g) Is for the purpose of operating a business enterprise.  
(6) A prisoner may send mail to, and receive mail from, another prisoner  
only as set forth in department policy.  
(7) The department may intercept, open, inspect, read, and refuse to transmit  
mail when there are reasonable grounds to believe the mail is being sent contrary to the  
provisions of this rule. This subrule shall not apply to clearly identified correspondence  
to any of the following entities, unless a specific written request is made by the entity:  
(a) Courts.  
(b) Attorneys.  
(c) Public officials.  
(d) The office of the legislative corrections ombudsman.  
(e) The department's central office staff.  
(f) Staff of the institution in which the prisoner is incarcerated.  
(8) When the department rejects mail pursuant to this rule, it shall send written  
notification of the rejection to the sender if the sender's address is included on the  
mail. The sender may appeal the rejection to the warden.  
(9) A prisoner who is not allowed to send or receive an item of mail pursuant  
to this rule may appeal the determination by filing a grievance.  
History: 1979 AC.; 1987 AACS; 1989 AACS; 1993 AACS; 2002 AACS.  
Editor's Note: On November 6, 2001 at 3:55 p.m. EST, the Department of Corrections, pursuant  
to MCL 24.248, filed with the Secretary of State an emergency rule that, in part, amended R 791.6603 by  
deleting subsection 4 and re-numbered the subsections that follow. The emergency rule appears in  
Michigan Register 2001 MR 20.  
R 791.6605 Access to the news media and interviews; suspension during  
emergencies.  
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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.  
History: 1979 AC; 1987 AACS; 1998-2000 AACS.  
R 791.6607 Visitation; visiting hours; quotas; religious, legal, and official  
visits.  
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.  
History: 1979 AC; 1993 AACS; 1995 AACS.  
R 791.6609 Limits on visitation.  
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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.  
(2) Except as provided in R 791.6607(2) and subrule (3) of this rule, a person may  
visit a prisoner only if he or she is on the list of approved visitors for that prisoner,  
which shall consist of the prisoner's immediate family members and not more than  
10 other persons. The approved visitors list shall be subject to all of the following  
restrictions:  
(a) A person may be on the approved visitors list of any prisoner to whom she  
or he is related as an immediate family member, but shall be on the list of only 1  
prisoner at a time to whom she or he is not related as an immediate family member.  
(b) A person on an approved visitor list shall be not less than 18 years of age, unless  
he or she is the child, stepchild, or grandchild of the prisoner or an emancipated  
minor who can show proof of emancipation.  
(c) If the person is claimed to be an immediate family member, the prisoner  
shall present adequate proof of the relationship, as determined by the warden or his or  
her designee.  
(d) A prisoner may add or delete names of immediate family members from his or  
her approved visitors list at any time, but shall be allowed to add or delete other names  
only once every 6 months.  
(e) A person shall be removed from a prisoner's approved visitors list upon  
written request by the listed person.  
(f) A warden may deny placement of anyone on a prisoner's approved visitors  
list for reasons of safety or security of the institution, protection of the public,  
previous violations of visiting room rules by the person, or for other cause as  
determined by the warden.  
A
denial of placement on the list may be appealed  
through the prisoner grievance process.  
(3) The warden may allow a single visit between a prisoner and a person who is  
not on the approved visitors list of the prisoner if the warden determines the visit is  
in the best interest of the prisoner and is not a threat to the good order and security of  
the facility.  
(4) Each institution shall prescribe and display reasonable rules of conduct for  
visits to preserve public safety and institutional security and order and to prevent  
conduct that may be offensive to others who may be present. If a prisoner or visitor  
violates the provisions of this subrule, then the visit may be terminated and the  
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prisoner and visitor may be subject to sanctions up to and including a permanent  
restriction of all visits or restriction to noncontact visiting only.  
(5) Subject to the restrictions in subrule (6) of this rule, a child who is under the age  
of 18 may visit a prisoner only if the child is on the prisoner's approved visitors list  
and is accompanied by an adult immediate family member or a legal guardian, unless  
the individual is an emancipated minor.  
(6) A child who is under the age of 18 shall not be permitted to visit if any of the  
following provisions apply:  
(a) The parental rights of the prisoner to the child have been terminated.  
(b) There is a court order prohibiting visits between the child and the prisoner.  
(c) The prisoner has been convicted of child abuse, criminal sexual conduct, or  
any other assaultive or violent behavior against the child or a sibling of the child, unless  
specific approval for the visit has been granted by the director.  
(7) Except as provided in subrule (8) of this rule, a prisoner, a former prisoner, a  
probationer, or a parolee shall not be allowed to visit with a prisoner unless the person  
is on the prisoner's approved visitors list and all of the following criteria are met:  
(a) The person is an immediate family member of the prisoner.  
(b) Prior approval for the visit is obtained from the warden of the institution  
where the visit will occur.  
(c) In the case of a probationer or parolee, prior approval for the visit is  
obtained from the warden of the institution and the supervising field agent.  
(8) A former prisoner shall be allowed to visit if she or he is one of the  
individuals identified in R 791.6607(2).  
(9) For purposes of this rule, "immediate family member" means any of the  
following persons:  
(a) Grandparent.  
(b) Parent.  
(c) Stepparent.  
(d) Spouse.  
(e) Mother-in-law or father-in-law.  
(f) Child.  
(g) Stepchild.  
(h) Grandchild.  
(i) Sibling.  
(j) Stepbrother or stepsister.  
(k) Aunts and uncles if verification is provided that they served as surrogate  
parents.  
(10) A prisoner who is hospitalized may receive visitors only if he or she is  
critically ill, as verified by the attending physician, and prior approval is granted by  
the warden or deputy warden.  
(11) The director may permanently restrict all visitation privileges, except with  
an attorney or member of the clergy, for a prisoner who is convicted or found guilty  
of any of the following:  
(a) A felony or misdemeanor that occurs during a visit.  
(b) A major misconduct violation, as defined in R 791.5501, that occurs during a  
visit or is associated with a visit.  
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(c) An escape, attempted escape, or conspiracy to escape.  
(d) Two or more violations of the major misconduct charge of substance abuse.  
(12) The director may grant reconsideration and removal of a permanent visitor  
restriction of all visitation privileges that is imposed pursuant to subrule (11) of this rule.  
(13) Nothing in this rule creates an enforceable right of the prisoner to receive a  
visit or of a visitor to visit a prisoner.  
History: 1979 AC.; 1993 AACS; 1995 AACS.  
R 791.6611 Visit restrictions; criteria; visitor restriction list; hearing.  
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.  
(3) A visitor shall be placed on a 90-day restriction of visits at all facilities if any  
1 of the following occurs:  
(a) The visitor makes a false statement with respect to visiting.  
(b) The visitor damages, or attempts to damage, department property or engages  
in disruptive behavior while on department property.  
(c) The visitor removes or attempts to remove any item from the institution  
that is not authorized by the institution.  
(4) When a visitor restriction is proposed by the institution, the visitor shall be  
temporarily restricted from visits at all facilities pending a formal hearing, pursuant  
to the provisions of R 791.3315, to determine if the restriction is proper based upon  
the requirements of subrules (2) and (3) of this rule. The hearing shall be held  
within 30 business days of the date that notice of the hearing is mailed or given to the  
visitor, unless there is a reasonable cause for delay as determined by the hearing officer.  
(5) A visitor who has been restricted from visits at all facilities pursuant to the  
provisions of subrules (2) and (3) of this rule shall be placed on a restricted visitor list.  
The deputy director for correctional facilities may grant reconsideration and removal  
from the restricted visitor list for visitors who have been permanently restricted.  
History: 1979 AC.; 1993 AACS; 1995 AACS.  
R 791.6614 Noncontact visitation.  
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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.  
(3) Notwithstanding the provisions of subrules (1) and (2) of this rule, contact  
visits between a prisoner and staff from the office of the legislative corrections  
ombudsman shall be allowed if requested by the ombudsman's staff member.  
History: 1992 AACS; 1995 AACS.  
R 791.6638 Telephone monitoring.  
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.  
(3) A request to place an unmonitored call under the provisions of subrule (2)  
of this rule shall be honored within 3 business days of receipt of the request by the  
warden or facility head, or designee, if the conditions specified in subrule (2) are met.  
(4) Notice of call monitoring shall be provided as follows:  
(a) A written notice shall be posted on or near each telephone subject to  
monitoring. The notice shall state that calls may be monitored.  
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(b) There shall be a recorded message at the beginning of each call that is placed.  
The message shall be audible to both parties and state that the call may be monitored.  
(c) A copy of this rule shall be placed in a designated location in each facility or  
institution for review by prisoners.  
(5) The monitoring of telephone calls shall be conducted in a manner so that only  
the following entities have access to the monitoring equipment and the record of  
monitored calls:  
(a) The director.  
(b) The deputy director in charge of correctional facilities.  
(c) Regional prison administrators.  
(d) The warden or facility head.  
(e) Deputy wardens, assistant deputy wardens, and inspectors.  
(f) Staff specifically designated by the warden or facility head to be responsible  
for the call control system.  
(g) Other department staff specifically designated by the director.  
(h) A law enforcement agency.  
(6) Information which is obtained from monitored telephone calls and which is  
evidence of a violation of, or an attempt to violate, state law or which evidences the  
commission of, or attempt to commit, a major misconduct violation, as defined in  
R 791.5501, shall be disclosed to any law enforcement agency having jurisdiction  
over the violation of, or attempt to violate, a state law and shall be disclosed to  
department staff as necessary to conduct a major misconduct hearing pursuant to R  
791.3315.Upon request, a law enforcement agency shall be provided with a certified  
copy of the record of a monitored telephone call that contains evidence of a crime or an  
attempted crime.  
(7) For purposes of this rule, "monitoring" means to listen to or record, or  
both.  
History: 1995 AACS.  
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.  
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.  
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(e) Payment for services or merchandise, as approved by the facility head or  
designee.  
(3) The solicitation of funds from other prisoners or members of the public by a  
prisoner or an organization that is exclusively or primarily comprised of prisoner  
members is prohibited, except that prisoner organizations may be authorized by the  
deputy director for correctional facilities to conduct fund-raising activities in security  
level I through V facilities, subject to regulation by the department.  
(4) Funds from legitimate, identified outside sources may be placed in a prisoner's  
account, but visitors to an institution shall not be permitted to purchase the institutional  
medium of exchange. Unless approved by the warden, other prisoners, parolees,  
probationers, and their families shall not be considered legitimate sources of funds.  
The institution may require that funds sent through the mail be in the form of a  
certified check or money order only.  
(5) Controls may be imposed on a prisoner's spending if it is established at  
a hearing, pursuant to the provisions of R 791.3310, that the prisoner is involved in  
any of the following situations:  
(a) Is incurring heavy indebtedness to other prisoners.  
(b) Is a victim of extortion by other prisoners.  
(c) Is using the institutional medium of exchange or store purchases to exploit or  
corrupt other prisoners.  
(d) Is setting up his or her own store.  
(e) Is stockpiling store merchandise in his or her cell.  
(6) Possession of money or the institutional medium of exchange in violation  
of these rules constitutes possession of illegal funds. A prisoner who is alleged to  
be in possession of illegal funds shall be subject to disciplinary action. In addition to  
the sanctions authorized by the provisions of R 791.5505, a prisoner who is found  
guilty of such misconduct shall have the illegal funds confiscated and placed in  
the prisoner benefit fund.  
(7) When a prisoner's account has a negative balance, collections on department  
debts shall be limited to half of the prisoner's subsequent funds, unless the prisoner  
consents, in writing, to a larger assessment.  
(8) Funds shall not be taken from a prisoner's account, except under any of the  
following circumstances:  
(a) At the prisoner's request.  
(b) Pursuant to an order of a court.  
(c) Pursuant to a state or federal tax levy.  
(d) As a sanction for restitution pursuant to the provisions of R 791.5505.  
(e) Justification for taking funds from a prisoner's account has been established,  
at a fact-finding hearing conducted pursuant to the provisions of R 791.3310,  
except if the prisoner has been charged with, or heard on, a major misconduct violation  
for the same behavior, then funds can only be taken pursuant to subrule (8)(d) of this  
rule.  
(9) A prisoner who is released from sentence shall receive the balance of his or her  
account.  
History: 1979 AC.; 1987 AACS; 1987 AACS; 1993 AACS.  
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PART 7. PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF  
SENTENCE  
R 791.7715  
Factors considered in granting  
or  
denying  
parole;  
psychological or psychiatric evaluations.  
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.  
(b) Institutional adjustment, as reflected by the following:  
(i) Performance at work or on school assignments.  
(ii) Findings of guilt on major misconduct charges and periods of confinement  
in administrative segregation.  
(iii) Completion of recommended programs.  
(iv) Relationships with staff and other prisoners.  
(v) Forfeitures or restorations of good time or disciplinary credits.  
(c) Readiness for release as shown by the following:  
(i) Acquisition of a vocational skill or educational degree that will assist in  
obtaining employment in the community.  
(ii) Job performance in the institution or on work-pass.  
(iii) Development of a suitable and realistic parole plan.  
(d) The prisoner's personal history and growth, including the following:  
(i) Demonstrated willingness to accept responsibility for past behavior.  
(ii) Employment history before incarceration.  
(iii) Family or community ties.  
(e) The prisoner's physical and mental  
health,  
specifically  
any  
hospitalizations or treatment for mental illness and any irreversible physical or  
mental condition which would reduce the likelihood that he or she would be able to  
commit further criminal acts.  
(3) The parole board may consider the prisoner's marital history and prior  
arrests that did not result in conviction or adjudication of delinquency, but shall  
not base a denial of parole solely on either of these factors.  
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(4) The parole board shall not consider any of the following in making a parole  
release decision:  
(a) A juvenile record that a court has ordered the department to expunge.  
(b) Information that is determined by the parole board to be inaccurate or irrelevant  
after a challenge and presentation of relevant evidence by a prisoner who has received  
a notice of intent to conduct an interview as provided in R 791.7701. This subrule  
applies only to presentence investigation reports prepared before April 1, 1983.  
(5) A prisoner being considered for parole shall receive psychological or  
psychiatric evaluation before the release decision is made if the prisoner has a  
history of any of the following:  
(a) Hospitalization for mental illness within the past 2 years.  
(b) Predatory or assaultive sexual offenses.  
(c) Serious or persistent assaultiveness within the institution.  
History: 1979 AC; 1988 AACS; 1996 AACS.  
R 791.7716 Parole guidelines; factors; departure; appeal.  
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).  
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(xi) The prisoner has been designated as being a career criminal under  
791.4410(l)(k)(iv).  
(xii) The prisoner has been designated as  
791.4410(l)(k)(v).  
R
R
a
drug trafficker under  
(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 ยง791.234(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.  
(b) The prisoner's prior criminal record, as reflected by all of the following:  
(i) Assaultive misdemeanor convictions that occurred after the prisoner's  
seventeenth birthday.  
(ii) The number of jail and prison sentences imposed.  
(iii) The number of felony convictions.  
(iv) The number of convictions for assaultive felonies as defined in  
791.4410(l)(l).  
R
(v) The number of prior convictions for sex offenses or sexually motivated crimes.  
(vi) The number of probation, delayed sentence, and parole failures.  
(vii) Whether the offense for which parole is being considered was committed  
while the prisoner was on probation, delayed sentence, or parole.  
(viii) Whether the prisoner was incarcerated for a violation while on probation  
for the offense for which parole is being considered.  
(ix) The number of commitments as a juvenile for acts that would have been crimes  
if committed by an adult.  
(x) Whether the prisoner was on probation as a juvenile for acts that would have  
been crimes if committed by an adult at the time the offense for which parole is being  
considered was committed.  
(c) The prisoner's conduct during confinement to  
a
department facility,  
community corrections center, community residential home, hospital, or local jail, as  
reflected by the following:  
(i) The number of major misconduct convictions and security classification  
increases over the previous 5 years and during the year immediately before parole  
consideration.  
(ii) The number of nonbondable major misconduct convictions over the  
previous 5 years.  
(iii) The number of major misconduct convictions for assault, sexual assault,  
rioting, or homicide during the previous 5 years.  
(d) The prisoner's placement on the assaultive and property risk screening scales.  
(e) The prisoner's age at the time of parole eligibility.  
(f) The prisoner's performance in institution programs and community programs  
during the period between the date of initial confinement on the sentence for which  
parole is available and parole eligibility, including, but not limited to, participation in  
work, school, and therapeutic programs.  
(g) The prisoner's mental health as reflected by the following:  
(i) A psychiatric hospitalization as a result of criminal activity in the background of  
the prisoner.  
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(ii) A history of physical or sexual assault related to a compulsive, deviant, or  
psychotic mental state.  
(iii) A serious psychotic mental state that developed after incarceration.  
(iv) Whether subsequent behavior or therapy suggests that improvement has  
occurred.  
(4) A prisoner may challenge his or her parole guideline category by filing a  
written objection with the parole board.  
(5) The parole board may depart from the parole guideline by not granting parole to  
a prisoner who has a high probability of parole or by granting parole to a prisoner who  
has a low probability of parole. A departure shall be for substantial and compelling  
reasons stated in writing.  
(6) The parole board shall not use a prisoner's gender, race, ethnicity, alienage,  
national origin, or religion as a reason to depart from a parole guideline.  
History: 1996 AACS.  
R 791.7730 Conditions of parole.  
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.  
(4) A paroled prisoner shall comply with the conditions of parole contained in  
the parole order and with all subsequent conditions approved by the chairperson of the  
parole board. A subsequent condition of parole imposed by a parole agent is valid  
immediately subject to approval by the chairperson of the parole board within 60 days