Mich. Comp. Laws » Michigan Compiled Laws / Chapter 791 / Act 232 of 1953

Mich. Comp. Laws § 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.

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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.
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Morales v. Michigan Parole Bd. (2004) michctapp · 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 Township v. Department of Natural Resources (1999) mich · cites it 4× “…139 . The Court found in the statute establishing the authority of the Department of Corrections, M.C.L. § 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…”
Lickfeldt v. Department of Corrections (2001) michctapp · 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. Department of Corrections (1993) mich · cites it 2× “[3] MCL 791.201 et seq.; MSA 28.2271 et seq.”
People v. Kern (2010) michctapp · cites it 2× “, and the Corrections Code, MCL 791.201 et seq., pertaining to lifetime electronic monitoring.”
People v. Jahner (1989) mich · cites it 2× “MCL 791.201; MSA 28.2271. Thus, the Department of Corrections operates under the control of the Executive Branch.”
Dearden v. City of Detroit (1978) mich · cites it 2× “We hold that in enacting MCL 791.201, et seq.; MSA 28.”
People v. Brantley (2012) michctapp “, and the Corrections Code, MCL 791.201 et seq. Kern, <a href="/opinion/8006270/people-v-kern/#517" aria-description="Citation for case: People v.”
York v. City of Detroit (1991) mich · cites it 2× “It is clear that the Department of Corrections act, MCL 791.201 et seq.; MSA 28.2271 et seq.”
Haddad v. Fromson (2001) miwd · cites it 2× “Mich. Comp. Laws § 791.201 (MDOC); § 16.”
Michigan Corrections Organization v. Michigan Department of Corrections (2014) ca6 “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 (1978) mich · cites it 2× “Provisions as modified can be found in MCL 791.201 et seq.; MSA 28.2271 et seq.”
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