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

Mich. Comp. Laws § 791.206 (2026)

Rules.

✓ current as of July 2026
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CORRECTIONS CODE OF 1953


Act 232 of 1953


791.206 Rules.

Sec. 6.

    (1) The director may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for all of the following:

    (a) The control, management, and operation of the general affairs of the department.

    (b) Supervision and control of probationers and probation officers throughout this state.

    (c) The manner in which applications for pardon, reprieve, medical commutation, or commutation shall be made to the governor; the procedures for handling applications and recommendations by the parole board; the manner in which paroles shall be considered, the criteria to be used to reach release decisions, the procedures for medical and special paroles, and the duties of the parole board in those matters; interviews on paroles and for the notice of intent to conduct an interview; the entering of appropriate orders granting or denying paroles; the supervision and control of paroled prisoners; and the revocation of parole.

    (d) The management and control of state penal institutions, correctional farms, probation recovery camps, and programs for the care and supervision of youthful trainees separate and apart from persons convicted of crimes within the jurisdiction of the department. Except as provided for in section 62(3), this subdivision does not apply to detention facilities operated by local units of government used to detain persons less than 72 hours. The rules may permit the use of portions of penal institutions in which persons convicted of crimes are detained. The rules shall provide that decisions as to the removal of a youth from the youthful trainee facility or the release of a youth from the supervision of the department shall be made by the department and shall assign responsibility for those decisions to a committee.

    (e) The management and control of prison labor and industry.

    (f) The director may promulgate rules providing for the creation and operation of a lifetime electronic monitoring program to conduct electronic monitoring of individuals, who have served sentences imposed for certain crimes, following their release from parole, prison, or both parole and prison.

    (2) The director may promulgate rules providing for a parole board structure consisting of 3-member panels.

    (3) The director may promulgate further rules with respect to the affairs of the department as the director considers necessary or expedient for the proper administration of this act. The director may modify, amend, supplement, or rescind a rule.

    (4) The director and the corrections commission shall not promulgate a rule or adopt a guideline that does either of the following:

    (a) Prohibits a probation officer or parole officer from carrying a firearm while on duty.

    (b) Allows a prisoner to have his or her name changed. If the Michigan supreme court rules that this subdivision is violative of constitutional provisions under the first and fourteenth amendments to the United States constitution and article I, sections 2 and 4 of the state constitution of 1963, the remaining provisions of the code shall remain in effect.

History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1966, Act 210, Imd. Eff. July 11, 1966 ;-- Am. 1982, Act 314, Imd. Eff. Oct. 15, 1982 ;-- Am. 1984, Act 102, Imd. Eff. May 8, 1984 ;-- Am. 1986, Act 271, Imd. Eff. Dec. 19, 1986 ;-- Am. 1996, Act 104, Eff. Apr. 1, 1996 ;-- Am. 2006, Act 172, Eff. Aug. 28, 2006

Compiler's Notes:

    In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).

PopularName Notes:

Department of Corrections Act

AdminRule Notes:

    R 791.1101 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 1971–2024 · leading case: Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000).
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Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). · cites it 36× “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). · cites it 4× “MCL 791.206, 791.203. Consequently, by issuing a writ of mandamus directing defendants to terminate plaintiff's sentences, I believe the trial court usurped the MDOC's exclusive power to supervise, manage, and control the affairs of the department.”
York v. City of Detroit, 475 N.W.2d 346 (Mich. 1991). · cites it 4× “] At the time of the events underlying this case, MCL 791.206; MSA 28.2276 provided rule-making authority over penal institutions: The director .”
Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986). · cites it 4× “MCL 791.206(1)(d); MSA 28.2276(1)(d) requires the director of the department to promulgate rules under the APA "[f]or the management and control of state penal institutions.”
Blank v. Dep't of Corr., 564 N.W.2d 130 (Mich. Ct. App. 1997). · cites it 5× “Because the valid object of the apa can be achieved without the legislative approval requirements of §§ 45 and 46, those sections may be severed and the remaining portion of the apa shall be enforced.”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). “238(1) (stating that prisoners on parole remain in the Department’s legal custody); MCL 791.206(l)(c) (granting the Department authority to promulgate rules concerning the supervision and control of parolees).”
Glover v. Johnson, 478 F. Supp. 1075 (E.D. Mich. 1979). · cites it 2× “§ 791.206, the legislature refers to the matter of prisoner wages only insofar as prison industries are concerned.”
Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). · cites it 2× “The Director of the Department of Corrections is empowered under MCL 791.206(3); MSA 28.2276(3) to "promulgate further rules with respect to the affairs of the department as the director considers necessary or expedient for the proper administration of this act.”
Martin v. Dep't of Corr., 364 N.W.2d 322 (Mich. Ct. App. 1985). · cites it 4× “MCL 791.206; MSA 28.2276. A "rule" is defined by the APA as follows: "`Rule' means an agency regulation, statement, standard, policy, ruling or instruction of general applicability, *326 which implements or applies law enforced or administered by the agency, or which prescribes…”
In Re Parole of Bivings, 619 N.W.2d 163 (Mich. Ct. App. 2000). · cites it 2× “104 merely sets periods after which a prisoner’s eligibility for parole will be reconsidered.”
Boyd v. Civil Serv. Comm'n, 559 N.W.2d 342 (Mich. Ct. App. 1997). “The director of the DOC is empowered under MCL 791.206; MSA 28.2276 to promulgate rules regarding the control, management, and operation of state prisons, as well as further rules “with respect to the affairs of the department as the director considers necessary or expedient for…”
Dodge v. Cnty. of Orange, 282 F. Supp. 2d 41 (S.D.N.Y. 2003). “Compare Mich. Comp. Laws § 791.262 and Mich. Admin.”
Show all 34 citing cases →
— Mich. Comp. Laws § 791.206(1) — 2 cases
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
Earl Booth v. Dep't of Corr. (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 791.206(1)(D) — 1 case
Miranda v. Michigan, 168 F. Supp. 2d 685 (E.D. Mich. 2001).
— Mich. Comp. Laws § 791.206(1)(a) — 2 cases
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). “MCL 791.206, 791.203. Consequently, by issuing a writ of mandamus directing defendants to terminate plaintiff's sentences, I believe the trial court usurped the MDOC's exclusive power to supervise, manage, and control the affairs of the department.”
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
— Mich. Comp. Laws § 791.206(1)(d) — 4 cases
Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986). “MCL 791.206(1)(d); MSA 28.2276(1)(d) requires the director of the department to promulgate rules under the APA "[f]or the management and control of state penal institutions.”
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
York v. City of Detroit, 475 N.W.2d 346 (Mich. 1991). “] At the time of the events underlying this case, MCL 791.206; MSA 28.2276 provided rule-making authority over penal institutions: The director .”
Quentin Betty v. Dep't of Corr. (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 791.206(2) — 3 cases
In Re Parole of Franciosi, 586 N.W.2d 542 (Mich. Ct. App. 1998).
Franciosi v. Parole Bd., 604 N.W.2d 675 (Mich. 2000).
Franciosi v. PAROLE BD., 583 N.W.2d 903 (Mich. Ct. App. 1998).
— Mich. Comp. Laws § 791.206(3) — 2 cases
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). “The Director of the Department of Corrections is empowered under MCL 791.206(3); MSA 28.2276(3) to "promulgate further rules with respect to the affairs of the department as the director considers necessary or expedient for the proper administration of this act.”
— Mich. Comp. Laws § 791.206(4) — 1 case
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
— Mich. Comp. Laws § 791.206(5) — 2 cases
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
Blank v. Dep't of Corr., 564 N.W.2d 130 (Mich. Ct. App. 1997). “Because the valid object of the apa can be achieved without the legislative approval requirements of §§ 45 and 46, those sections may be severed and the remaining portion of the apa shall be enforced.”
— Mich. Comp. Laws § 791.206(d) — 2 cases
Glover v. Johnson, 478 F. Supp. 1075 (E.D. Mich. 1979). “§ 791.206, the legislature refers to the matter of prisoner wages only insofar as prison industries are concerned.”
People of Michigan v. David Omar Adams (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 791.206(l)(a) — 3 cases
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001). “MCL 791.206, 791.203. Consequently, by issuing a writ of mandamus directing defendants to terminate plaintiff's sentences, I believe the trial court usurped the MDOC's exclusive power to supervise, manage, and control the affairs of the department.”
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
King v. Caruso, 542 F. Supp. 2d 703 (E.D. Mich. 2008).
— Mich. Comp. Laws § 791.206(l)(c) — 1 case
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). “238(1) (stating that prisoners on parole remain in the Department’s legal custody); MCL 791.206(l)(c) (granting the Department authority to promulgate rules concerning the supervision and control of parolees).”
— Mich. Comp. Laws § 791.206(l)(d) — 4 cases
Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “MCL 791.206; MSA 28.2276. If the Legislature or JCAR invalidates a rule proposed by DOC, it effectively overrides the authority the Legislature has delegated to DOC.”
Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986). “MCL 791.206(1)(d); MSA 28.2276(1)(d) requires the director of the department to promulgate rules under the APA "[f]or the management and control of state penal institutions.”
York v. City of Detroit, 475 N.W.2d 346 (Mich. 1991). “] At the time of the events underlying this case, MCL 791.206; MSA 28.2276 provided rule-making authority over penal institutions: The director .”
Miranda v. Michigan, 141 F. Supp. 2d 747 (E.D. Mich. 2001).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.