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

Mich. Comp. Laws § 791.233 (2026)

Grant of parole; conditions; paroles-in-custody; rules.

✓ current as of July 2026
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CORRECTIONS CODE OF 1953


Act 232 of 1953


791.233 Grant of parole; conditions; paroles-in-custody; rules.

Sec. 33.

    (1) The grant of a parole is subject to all of the following conditions:

    (a) A prisoner must not be given liberty on parole until the board has reasonable assurance, after consideration of all of the facts and circumstances, including the prisoner's mental and social attitude, that the prisoner will not become a menace to society or to the public safety.

    (b) Except as provided in section 34a and section 35(10), a parole must not be granted to a prisoner other than a prisoner subject to disciplinary time until the prisoner has served the minimum term imposed by the court less allowances for good time or special good time to which the prisoner may be entitled by statute, except that a prisoner other than a prisoner subject to disciplinary time is eligible for parole before the expiration of his or her minimum term of imprisonment if the sentencing judge, or the judge's successor in office, gives written approval of the parole of the prisoner before the expiration of the minimum term of imprisonment.

    (c) Except as provided in section 34a and section 35(10), and notwithstanding the provisions of subdivision (b), a parole must not be granted to a prisoner other than a prisoner subject to disciplinary time sentenced for the commission of a crime described in section 33b(a) to (cc) until the prisoner has served the minimum term imposed by the court less an allowance for disciplinary credits as provided in section 33(5) of 1893 PA 118, MCL 800.33. A prisoner described in this subdivision is not eligible for special parole.

    (d) Except as provided in section 34a and section 35(10), a parole must not be granted to a prisoner subject to disciplinary time until the prisoner has served the minimum term imposed by the court.

    (e) A prisoner must not be released on parole until the parole board has satisfactory evidence that arrangements have been made for such honorable and useful employment as the prisoner is capable of performing, for the prisoner's education, or for the prisoner's care if the prisoner is mentally or physically ill or incapacitated.

    (f) Except as provided in section 35(10), a prisoner whose minimum term of imprisonment is 2 years or more must not be released on parole unless he or she has either earned a high school diploma or a high school equivalency certificate. The director of the department may waive the restriction imposed by this subdivision as to any prisoner who is over the age of 65 or who was gainfully employed immediately before committing the crime for which he or she was incarcerated. The department may also waive the restriction imposed by this subdivision as to any prisoner who has a learning disability, who does not have the necessary proficiency in English, or who for some other reason that is not the fault of the prisoner is unable to successfully complete the requirements for a high school diploma or a high school equivalency certificate. If the prisoner does not have the necessary proficiency in English, the department shall provide English language training for that prisoner necessary for the prisoner to begin working toward the completion of the requirements for a high school equivalency certificate. This subdivision applies to prisoners sentenced for crimes committed after December 15, 1998. In providing an educational program leading to a high school diploma or a high school equivalency certificate, the department shall give priority to prisoners sentenced for crimes committed on or before December 15, 1998.

    (2) Paroles-in-custody to answer warrants filed by local or out-of-state agencies, or immigration officials, are permissible if an accredited agent of the agency filing the warrant calls for the prisoner to be paroled in custody.

    (3) The parole board may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that are not inconsistent with this act with respect to conditions imposed upon prisoners paroled under this act.

History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1978, Act 81, Eff. Sept. 1, 1978 ;-- Am. 1978, Initiated Law, Eff. Dec. 12, 1978 ;-- Am. 1982, Act 458, Imd. Eff. Dec. 30, 1982 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998 ;-- Am. 1998, Act 320, Eff. Dec. 15, 1998 ;-- Am. 2017, Act 14, Eff. June 29, 2017 ;-- Am. 2019, Act 14, Eff. Aug. 21, 2019

PopularName Notes:

Department of Corrections Act
Notes of Decisions
Cited in 107 cases (15 in the last 5 years), 1969–2025 · leading case: People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
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People v. Idziak, 773 N.W.2d 616 (Mich. 2009). · cites it 8× “The Parole Board has the discretionary authority to grant or deny parole, MCL 791.233; MCL 791.234(1), (3), and (4); MCL 791.”
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). · cites it 8× “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
People v. Moore, 439 N.W.2d 684 (Mich. 1989). · cites it 8× “[20] MCL 791.233 et seq.; MSA 28.2303 et seq. [21] We note that, in this case, the recommended sentence range found in the sentencing guidelines includes life in prison.”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). · cites it 4× “See MCL 791.233(1); MCL 791.238(6). In particular, MCL 791.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 2× “MCL 791.233. If a criminal defendant in Michigan is charged under a statute that has a “mandatory minimum,” the judge cannot depart below that sentence.”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). · cites it 2× “127 §§ 130 (granting parole), 133 (parole eligibility), 133A (parole eligibility); Mich. Comp. Laws Ann. §§ 791.233 (granting parole)-.”
People v. Johnson, 364 N.W.2d 654 (Mich. 1985). · cites it 6× “By 1978 PA 81 , the Legislature amended MCL 791.233; MSA 28.2303 to preclude special paroles for "prisoners sentenced for life for murder in the first degree and prisoners sentenced for life or for a minimum term of imprisonment for a major controlled substance offense.”
People v. Bullock, 485 N.W.2d 866 (Mich. 1992). · cites it 2× “We note that a defendant's prior record and individual circumstances are, of course, properly subject to consideration by the parole board, within the limits provided by law, in reaching any determination with regard to granting parole.”
People v. Waterman, 358 N.W.2d 602 (Mich. Ct. App. 1984). · cites it 6× “department of powers and duties vested by law in certain other state boards, commissions and officers, and to abolish certain boards, commissions and offices the powers and duties of which are hereby transferred; to prescribe penalties for the violation of the provisions of this…”
People v. Fernandez, 398 N.W.2d 311 (Mich. 1986). · cites it 4× “1080, and the parole statute, MCL 791.233; MSA 28.2303. *327 We believe that the issue posed by the Court of Appeals is actually two issues, each of which requires separate treatment.”
People of Michigan v. William Lawrence Rucker, 919 N.W.2d 802 (Mich. Ct. App. 2018). “The Sixth Circuit has held *825 that Michigan Complied [sic] Laws § 791.233 does not create a protected liberty interest in parole, because the statute does not place any substantive limitations on the discretion of the parole board through the use of particularized standards…”
Richard Wershe, Jr. v. Thomas Combs, 763 F.3d 500 (6th Cir. 2014). · cites it 2× “On April 25, 2003, the Parole Board voted to “withdraw interest” in Wershe’s case because “the Michigan Parole Board has concluded that the reasonable assurance required by Mich. Comp. Laws § 791.233 , 1 that the prisoner will not become a menace to society or to the public…”
Show all 107 citing cases →
— Mich. Comp. Laws § 791.233(1) — 3 cases
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). “See MCL 791.233(1); MCL 791.238(6). In particular, MCL 791.”
Hopkins v. Parole Bd., 604 N.W.2d 686 (Mich. Ct. App. 2000).
Wayne Cnty. Prosecutor v. Parole Bd., 532 N.W.2d 899 (Mich. Ct. App. 1995).
— Mich. Comp. Laws § 791.233(1)(a) — 35 cases
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
People v. Bullock, 485 N.W.2d 866 (Mich. 1992). “We note that a defendant's prior record and individual circumstances are, of course, properly subject to consideration by the parole board, within the limits provided by law, in reaching any determination with regard to granting parole.”
Monroe Cnty. Prosecutor v. Spears (In re Spears), 922 N.W.2d 688 (Mich. Ct. App. 2018).
In re Parole of Haeger, 813 N.W.2d 313 (Mich. Ct. App. 2011).
People v. Oscar Moore, 417 N.W.2d 508 (Mich. Ct. App. 1987).
— Mich. Comp. Laws § 791.233(1)(b) — 12 cases
People v. Moore, 439 N.W.2d 684 (Mich. 1989). “[20] MCL 791.233 et seq.; MSA 28.2303 et seq. [21] We note that, in this case, the recommended sentence range found in the sentencing guidelines includes life in prison.”
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “The Parole Board has the discretionary authority to grant or deny parole, MCL 791.233; MCL 791.234(1), (3), and (4); MCL 791.”
Hurst v. Dept. of Corr., Parole Bd., 325 N.W.2d 615 (Mich. Ct. App. 1982).
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
In re Parole of Haeger, 813 N.W.2d 313 (Mich. Ct. App. 2011).
— Mich. Comp. Laws § 791.233(1)(c) — 2 cases
People v. Moore, 439 N.W.2d 684 (Mich. 1989). “[20] MCL 791.233 et seq.; MSA 28.2303 et seq. [21] We note that, in this case, the recommended sentence range found in the sentencing guidelines includes life in prison.”
People of Michigan v. Adam Douglas Grant (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 791.233(1)(d) — 1 case
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “The Parole Board has the discretionary authority to grant or deny parole, MCL 791.233; MCL 791.234(1), (3), and (4); MCL 791.”
— Mich. Comp. Laws § 791.233(1)(e) — 6 cases
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
Monroe Cnty. Prosecutor v. Spears (In re Spears), 922 N.W.2d 688 (Mich. Ct. App. 2018).
in Re Parole of Frederick Wilkins (Mich. Ct. App. 2019).
in Re Parole of Frederick Wilkins (Mich. 2020).
In Re Parole of Kenneth Donald Siders (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 791.233(1)(f) — 1 case
in Re Parole of Steven J Strutz (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 791.233(2) — 1 case
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). “See MCL 791.233(1); MCL 791.238(6). In particular, MCL 791.”
— Mich. Comp. Laws § 791.233(3) — 3 cases
People v. Jahner, 446 N.W.2d 151 (Mich. 1989).
People v. Fernandez, 398 N.W.2d 311 (Mich. 1986). “1080, and the parole statute, MCL 791.233; MSA 28.2303. *327 We believe that the issue posed by the Court of Appeals is actually two issues, each of which requires separate treatment.”
in Re Gregg Bryan Knight (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 791.233(b) — 8 cases
People v. Johnson, 364 N.W.2d 654 (Mich. 1985). “By 1978 PA 81 , the Legislature amended MCL 791.233; MSA 28.2303 to preclude special paroles for "prisoners sentenced for life for murder in the first degree and prisoners sentenced for life or for a minimum term of imprisonment for a major controlled substance offense.”
People v. Haggitt, 189 N.W.2d 842 (Mich. Ct. App. 1971).
Lamb v. Bureau of Pardons & Paroles, 307 N.W.2d 754 (Mich. Ct. App. 1981).
People v. Tanner, 199 N.W.2d 202 (Mich. 1972).
People Ex Rel. Oakland Prosecuting Attorney v. Bureau of Pardons & Paroles, 259 N.W.2d 385 (Mich. Ct. App. 1977).
— Mich. Comp. Laws § 791.233(l)(a) — 11 cases
Killebrew v. Dep't of Corr., 604 N.W.2d 696 (Mich. Ct. App. 1999).
People v. Eliason, 833 N.W.2d 357 (Mich. Ct. App. 2013).
In re Parole of Hill, 827 N.W.2d 407 (Mich. Ct. App. 2012).
People v. Oscar Moore, 417 N.W.2d 508 (Mich. Ct. App. 1987).
Hopkins v. Parole Bd., 604 N.W.2d 686 (Mich. Ct. App. 2000).
— Mich. Comp. Laws § 791.233(l)(b) — 9 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “The Parole Board has the discretionary authority to grant or deny parole, MCL 791.233; MCL 791.234(1), (3), and (4); MCL 791.”
Sobiecki v. Dep't of Corr., 721 N.W.2d 229 (Mich. Ct. App. 2006).
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
People v. Wright, 437 N.W.2d 603 (Mich. 1989).
— Mich. Comp. Laws § 791.233(l)(c) — 2 cases
People v. Fernandez, 372 N.W.2d 567 (Mich. Ct. App. 1985).
Hawkins v. Dep't of Corr., 557 N.W.2d 138 (Mich. Ct. App. 1997).
— Mich. Comp. Laws § 791.233(l)(d) — 4 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009). “The Parole Board has the discretionary authority to grant or deny parole, MCL 791.233; MCL 791.234(1), (3), and (4); MCL 791.”
Wayne Cnty. Prosecutor v. Parole Bd., 532 N.W.2d 899 (Mich. Ct. App. 1995).
In Re Parole of Johnson, 556 N.W.2d 899 (Mich. Ct. App. 1997).
People v. Tyrpin, 710 N.W.2d 260 (Mich. Ct. App. 2005).
— Mich. Comp. Laws § 791.233(l)(e) — 1 case
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011). “See MCL 791.233(1); MCL 791.238(6). In particular, MCL 791.”
— Mich. Comp. Laws § 791.233(l)(f) — 1 case
In re Parole of Elias, 811 N.W.2d 541 (Mich. Ct. App. 2011). “” MCL 791.233(1)(a); see also Johnson, 219 Mich App at 598 .”
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