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

Mich. Comp. Laws § 791.204 (2026)

State department of corrections; jurisdiction.

✓ current as of July 2026
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CORRECTIONS CODE OF 1953


Act 232 of 1953


791.204 State department of corrections; jurisdiction.

Sec. 4.

    Subject to constitutional powers vested in the executive and judicial departments of the state, the department shall have exclusive jurisdiction over all of the following:

    (a) Probation officers of this state, and the administration of all orders of probation.

    (b) Pardons, reprieves, commutations, and paroles.

    (c) Penal institutions, correctional farms, probation recovery camps, prison labor and industry, wayward minor programs, and youthful trainee institutions and programs for the care and supervision of youthful trainees.

    (d) The lifetime electronic monitoring program established under section 85.

History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1966, Act 210, Imd. Eff. July 11, 1966 ;-- Am. 2006, Act 172, Eff. Aug. 28, 2006

PopularName Notes:

Department of Corrections Act
Notes of Decisions
Cited in 47 cases (4 in the last 5 years), 1969–2024 · leading case: Pittsfield Charter Twp. v. Washtenaw Cnty., 664 N.W.2d 193 (Mich. 2003).
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Pittsfield Charter Twp. v. Washtenaw Cnty., 664 N.W.2d 193 (Mich. 2003). · cites it 4× “§ 791.204, which said that "the department shall have exclusive jurisdiction over .”
Morales v. Michigan Parole Bd., 676 N.W.2d 221 (Mich. Ct. App. 2004). · cites it 2× “” The circuit court held that “a prisoner does have a right to a parole board’s decision made in accordance with the law.”
Herman v. Berrien Cnty., 750 N.W.2d 570 (Mich. 2008). · cites it 2× “7 In Dearden , we held that the Department of Corrections’ rehabilitation house was immune from Detroit’s zoning ordinance because the Legislature had evidenced its intent to that effect in MCL 791.204 by giving the Department of Corrections “ ‘exclusive jurisdiction over .”
People of Michigan v. William Lawrence Rucker, 919 N.W.2d 802 (Mich. Ct. App. 2018). “2d 686 (1999), citing MCL 791.204. However, defendants are not challenging a decision of the Parole Board.”
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). · cites it 2× “§ 791.204 provides that the MDOC has exclusive jurisdiction over "penal institutions," Dearden v.”
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). · cites it 2× “” MCL 791.204. The lifetime electronic monitoring program was established by 2006 PA 172 , effective August 28, 2006.”
Northville Charter Twp. v. Northville Pub. Schs., 666 N.W.2d 213 (Mich. 2003). · cites it 2× “§ 791.204, and determined that the statutory scheme demonstrated a legislative intent to grant the department immunity from local zoning ordinances in the establishment of state penal institutions.”
York v. City of Detroit, 475 N.W.2d 346 (Mich. 1991). · cites it 2× “[MCL 791.204; MSA 28.2274. Emphasis added.”
Hopkins v. Parole Bd., 604 N.W.2d 686 (Mich. Ct. App. 2000). · cites it 2× “[MCL 791.204; MSA 28.2274 (emphasis added).”
Burt Twp. v. Dep't of Nat. Resources, 593 N.W.2d 534 (Mich. 1999). · cites it 2× “" MCL 791.204; MSA 28.2274. Conversely, this Court found persuasive the absence of any specific expression of legislative intent in the zoning enabling act to subject the department's exclusive jurisdiction to the various local zoning ordinances.”
Green v. Dep't of Corr., 192 N.W.2d 491 (Mich. 1971). · cites it 2× “232 as amended: The first is MCLA § 791.204 (Stat Ann 1971 Cum Supp § 28.”
Glover v. Johnson, 478 F. Supp. 1075 (E.D. Mich. 1979). “§ 791.204(c), clearly distinguish facilities like KCJ from those operated and maintained by the Department itself.”
Show all 47 citing cases →
— Mich. Comp. Laws § 791.204(a) — 1 case
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). “” MCL 791.204. The lifetime electronic monitoring program was established by 2006 PA 172 , effective August 28, 2006.”
— Mich. Comp. Laws § 791.204(b) — 2 cases
Hopkins v. Parole Bd., 604 N.W.2d 686 (Mich. Ct. App. 2000). “[MCL 791.204; MSA 28.2274 (emphasis added).”
People of Michigan v. Lawrence Clifton Douglas (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 791.204(c) — 2 cases
Glover v. Johnson, 478 F. Supp. 1075 (E.D. Mich. 1979). “§ 791.204(c), clearly distinguish facilities like KCJ from those operated and maintained by the Department itself.”
Earl Booth v. Dep't of Corr. (Mich. Ct. App. 2020).
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