Michigan Compiled Laws

Mich. Comp. Laws § 791.201 (2026)

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.

✓ current as of July 2026

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CORRECTIONS CODE OF 1953

Act 232 of 1953

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.

Sec. 1.

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 senate, to be known as the Michigan corrections commission, hereinafter called the commission, not more than 3 of whom shall be members of the same political party, each of whom shall qualify by taking the constitutional oath of office, and filing the same in the office of the secretary of state, and of such other officers and assistants as may be appointed or employed in the department, including a director as its executive head. A person holding a position either state or federal, or a person drawing a salary from a municipal unit of the state, shall not be eligible for appointment to the commission, without having first resigned from that position. The term of office of each member of the commission shall be 6 years. The governor shall fill a vacancy occurring in the membership of the commission for the unexpired term only, and for cause established on hearing may remove a member. Each member of the commission shall hold office until his successor shall be appointed and shall qualify. The per diem compensation of the commission and the schedule for reimbursement of expenses shall be established annually by the legislature. The department and commission shall have its executive office at Lansing. The department of management and budget shall provide suitable office accommodations. Meetings of the commission may be held at other suitable places as the commission may designate.

History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1975, Act 59, Imd. Eff. May 20, 1975

Compiler's Notes:

For transfer of the Department of Corrections to a new Department of Corrections, see E.R.O. No. 1991-12, compiled at MCL 791.302 of the Michigan Compiled Laws.

For abolition of the Michigan Corrections Commission and transferring its powers, duties, and functions to the Director of the new Department of Corrections with the exception that the power to appoint the Director shall be vested with the Governor, see E.R.O. No. 1991-12, compiled at MCL 791.302 of the Michigan Compiled Laws.

For transfer of powers and duties of Michigan parole and commutation board to Michigan parole board within department of corrections, and abolishment of Michigan parole and commutation board, see E.R.O. No. 2011-3, compiled at MCL 791.305.

TransferOfPowers Notes:

See MCL 791.301.

PopularName Notes:

Department of Corrections Act

Notes of Decisions

Cited in 33 cases, 1967–2017 · leading case: Morales v. Michigan Parole Bd., 676 N.W.2d 221 (Mich. Ct. App. 2004).

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Morales v. Michigan Parole Bd., 676 N.W.2d 221 (Mich. Ct. App. 2004). · cites it 4× “The Parole Board argues that the Legislature, through its amendment of the Department of Corrections act, MCL 791.201 et seq., and the Michigan Supreme Court, through the amendment of its court rule, MCR 7.”

Burt Twp. v. Dep't of Nat. Resources, 593 N.W.2d 534 (Mich. 1999). · cites it 4× “§ 791.201 et seq. MSA 28.2271 et seq., "a clear expression of the Legislature's intent to vest the department with complete jurisdiction over the state's penal institutions.”

Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). · cites it 2× “§ 791.201 et seq., where the Legislature has enacted legislation concerning, among other things, the MDOC's jurisdiction, procedures governing parole, and the location of correctional facilities.”

Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993). · cites it 2× “[3] MCL 791.201 et seq.; MSA 28.2271 et seq. [4] "Hearing handbook" is the commonly used name for chapter IIIA of the DOCA and it sets forth the department's hearing procedures.”

People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). · cites it 2× “, and the Corrections Code, MCL 791.201 et seq., pertaining to lifetime electronic monitoring.”

People v. Jahner, 446 N.W.2d 151 (Mich. 1989). · cites it 2× “[59 Am Jur 2d, Pardon and Parole, § 78, pp 67-68.] [3] The department is headed by a commission whose members are appointed by the Governor, with the advice and consent of the Senate.”

Dearden v. City of Detroit, 269 N.W.2d 139 (Mich. 1978). · cites it 2× “We hold that in enacting MCL 791.201, et seq.; MSA 28.2271, et seq.”

People v. Brantley, 823 N.W.2d 290 (Mich. Ct. App. 2012). “, and the Corrections Code, MCL 791.201 et seq. Kern, 288 Mich App at 517-518 .”

York v. City of Detroit, 475 N.W.2d 346 (Mich. 1991). · cites it 2× “, from its inception, was intended to deal with penal institutions, that is, institutions for the punishment and correction of persons convicted of criminal offenses. Section 4 of the act gives the department exclusive jurisdiction over "penal institutions": Subject to…”

Haddad v. Fromson, 154 F. Supp. 2d 1085 (W.D. Mich. 2001). · cites it 2× “Mich. Comp. Laws § 791.201 (MDOC); § 16.250 (MSP).”

Michigan Corr. Org. v. Michigan Dep't of Corr., 774 F.3d 895 (6th Cir. 2014). “In 2013, they sued the Department of Corrections, an entity of the State under Michigan law, Mich. Comp. Laws § 791.201 , to obtain overtime wages under the FLSA.”

People v. Helzer, 273 N.W.2d 44 (Mich. 1978). · cites it 2× “Provisions as modified can be found in MCL 791.201 et seq.; MSA 28.2271 et seq. [26] Several statutes included identical language.”

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