CORRECTIONS CODE OF 1953
Act 232 of 1953
791.202 Michigan corrections commission; election of chairperson and other officers; meetings; quorum; powers and duties; conducting business at public meeting; notice.
Sec. 2.
(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 commission shall constitute the responsible authority for the administration of the correctional facilities, correctional industries, parole, and probation of the state, subject to the limitations set forth in this act. The commission shall determine all matters relating to the unified development of the correctional facilities, correctional industries, parole, and probation of the state and shall coordinate and adjust the agencies and correctional facilities within its jurisdiction so that each shall form an integral part of a general system.
(2) The business which the commission may perform shall be conducted at a public meeting held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1978, Act 413, Imd. Eff. Sept. 28, 1978 ;-- Am. 1987, Act 79, Imd. Eff. June 29, 1987
PopularName Notes:
Department of Corrections Act
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1977–2022 · leading case:
Glover v. Parole Bd., 596 N.W.2d 598 (Mich. 1999).
Glover v. Parole Bd., 596 N.W.2d 598 (Mich. 1999).
· cites it 12× “§ 791.202(2); MSA 28.2272(2) stated: "The business which the [Michigan Corrections Commission] or the parole board may perform shall be conducted at a public meeting held in compliance with [the OMA].”
In Re Parole of Glover, 575 N.W.2d 772 (Mich. Ct. App. 1998).
· cites it 16× “§ 791.202(2); M.S.A. § 28.2272(2). Before amendment in 1987, M.”
Pittsfield Charter Twp. v. Washtenaw Cnty., 664 N.W.2d 193 (Mich. 2003).
· cites it 2× “271(1) reads: The township board of an organized township in this state may provide by zoning ordinance for the regulation of land development and the establishment of districts in the portions of the township outside the limits of cities and villages which regulate the use of…”
Northville Charter Twp. v. Northville Pub. Schs., 666 N.W.2d 213 (Mich. 2003).
· cites it 2× “§ 791.202(1). The statute thus evidenced a legislative intent to immunize the department "from local zoning ordinances when establishing state penal institutions.”
Glover v. Johnson, 478 F. Supp. 1075 (E.D. Mich. 1979).
“§ 791.202 as evidence of the legislative intent to implement the chosen policy on a system-wide, uniform basis.”
Pecoraro v. Dep't of Corr., 300 N.W.2d 418 (Mich. Ct. App. 1980).
· cites it 3× “2 MCL 791.202; MSA 28.2272 provides as is pertinent: "The commission shall constitute the responsible authority for the administration of the penal institutions, prison industries, parole and probation of the state, subject to the limitations hereinafter set forth.”
Jordan v. Mills, 473 F. Supp. 13 (E.D. Mich. 1979).
“Nevertheless, it is incomprehensible that, if a “State action exemption” is to continue to exist, it would not apply to this case.”
Crystal Lake Prop. Rights Ass'n v. Benzie Cnty., 760 N.W.2d 802 (Mich. Ct. App. 2008).
· cites it 2× “204, and the broad vesting of powers in the Michigan Corrections Commission over "all matters related to the unified development of the penal institutions," former MCL 791.202, were evidence that "the Legislature intended to grant the Department of Corrections immunity from…”
Hollins 173730 v. Michigan Corr. Comm'n (W.D. Mich. 2022).
“Laws § 791.202 . The MCC is also responsible for “appoint[ing] a director of corrections who shall be qualified by training and experience in penology.”
— Mich. Comp. Laws § 791.202(1) — 2 cases
Northville Charter Twp. v. Northville Pub. Schs., 666 N.W.2d 213 (Mich. 2003).
“§ 791.202(1). The statute thus evidenced a legislative intent to immunize the department "from local zoning ordinances when establishing state penal institutions.”
Pecoraro v. Dep't of Corr., 300 N.W.2d 418 (Mich. Ct. App. 1980).
“2 MCL 791.202; MSA 28.2272 provides as is pertinent: "The commission shall constitute the responsible authority for the administration of the penal institutions, prison industries, parole and probation of the state, subject to the limitations hereinafter set forth.”
— Mich. Comp. Laws § 791.202(2) — 2 cases
Glover v. Parole Bd., 596 N.W.2d 598 (Mich. 1999).
“§ 791.202(2); MSA 28.2272(2) stated: "The business which the [Michigan Corrections Commission] or the parole board may perform shall be conducted at a public meeting held in compliance with [the OMA].”
In Re Parole of Glover, 575 N.W.2d 772 (Mich. Ct. App. 1998).
“§ 791.202(2); M.S.A. § 28.2272(2). Before amendment in 1987, M.”
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