CORRECTIONS CODE OF 1953
Act 232 of 1953
791.238 Custody of paroled prisoner; warrant for return of paroled prisoner; incarceration pending hearing; treatment as escaped prisoner; time during parole violation not counted as time served; forfeiture of good time; committing crime while on parole; construction of parole.
Sec. 38.
(1) Each prisoner on parole shall remain in the legal custody and under the control of the department. The deputy director of the bureau of field services, upon a showing of probable violation of parole, may issue a warrant for the return of any paroled prisoner. Pending a hearing upon any charge of parole violation, the prisoner shall remain incarcerated.
(2) A prisoner violating the provisions of his or her parole and for whose return a warrant has been issued by the deputy director of the bureau of field services is treated as an escaped prisoner and is liable, when arrested, to serve out the unexpired portion of his or her maximum imprisonment. The time from the date of the declared violation to the date of the prisoner's availability for return to an institution shall not be counted as time served. The warrant of the deputy director of the bureau of field services is a sufficient warrant authorizing all officers named in the warrant to detain the paroled prisoner in any jail of the state until his or her return to the state penal institution.
(3) If a paroled prisoner fails to return to prison when required by the deputy director of the bureau of field services or if the paroled prisoner escapes while on parole, the paroled prisoner shall be treated in all respects as if he or she had escaped from prison and is subject to be retaken as provided by the laws of this state.
(4) The parole board, in its discretion, may cause the forfeiture of all good time to the date of the declared violation.
(5) A prisoner committing a crime while at large on parole and being convicted and sentenced for the crime shall be treated as to the last incurred term as provided under section 34.
(6) A parole shall be construed as a permit to the prisoner to leave the prison, and not as a release. While at large, the paroled prisoner shall be considered to be serving out the sentence imposed by the court and, if he or she is eligible for good time, shall be entitled to good time the same as if confined in a state correctional facility.
History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1968, Act 192, Eff. Nov. 15, 1968 ;-- Am. 1982, Act 314, Imd. Eff. Oct. 15, 1982 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998
Compiler's Notes:
Section 2 of 1994 PA 217, which provides that “This amendatory act shall take effect on the date that sentencing guidelines are enacted into law after the sentencing commission submits its report to the secretary of the senate and the clerk of the house of representatives pursuant to sections 31 to 34 of chapter IX of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, as added by the amendatory act resulting from House Bill No. 4782 of the 87th Legislature.” was repealed by 1998 PA 316, effective Dec. 15, 1998.
PopularName Notes:
Department of Corrections Act
Notes of Decisions
Cited in
90
cases (
19 in the last 5 years), 1967–2026 · leading case:
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
· cites it 134× “However, once he is incarcerated for allegedly committing a new offense, the "unexpired portion" of the initial sentence, along with how the parolee's time spent in jail pending a determination of whether he violated his parole is allocated, is determined, in part, by MCL…”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
· cites it 8× “34; MCL 791.238. Once the judge determines the recommended minimum sentence range for a criminal defendant, it may either impose a sentence within that range or choose to depart upward or downward from that range if the judge sets forth on the record “substantial and compelling…”
Browning v. Michigan Dep't of Corr., 188 N.W.2d 552 (Mich. 1971).
· cites it 26× “Under the provisions of PA 1953, No 232 (MCLA § 791.238 [Stat Ann 1954 Rev § 28.2308]), petitioner was found to have accumulated four years, four months and five days "dead time", that is, the period from the date of his Georgia arrest (February 10, 1961) until the date of his…”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
· cites it 4× “See MCL 791.238(1) (stating that prisoners on parole remain in the Department’s legal custody); MCL 791.”
People v. Elliott, 833 N.W.2d 284 (Mich. 2013).
· cites it 4× “”); MCL 791.238(1) (“Each prisoner on parole shall remain in the legal custody and under the control of the department.”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
· cites it 8× “§ 791.238(2); M.S.A. § 28.2308(2). Thus the Parole Board has the authority to revoke a person's parole and send him to prison for violating the terms of parole.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003).
· cites it 4× “§ 791.238(1). A parole is "a permit to the prisoner to leave the prison," not a release.”
Catanzaro v. Harry, 848 F. Supp. 2d 780 (W.D. Mich. 2012).
· cites it 4× “See Mich. Comp. Laws § 791.238 (1) (paroled prisoners are under the legal custody and control of the MDOC).”
People v. Meshell, 696 N.W.2d 754 (Mich. Ct. App. 2005).
· cites it 2× “MCL 791.238(2). A parole detainee who is convicted of a new criminal offense is entitled, under MCL 791.”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994).
· cites it 8× “We must construe this provision in conjunction with MCL 791.238(5); MSA 28.2308(5), which provides: A prisoner committing a crime while at large on parole and being convicted and sentenced for the crime shall be treated as to the last incurred term as provided under section 34…”
People v. Filip, 754 N.W.2d 660 (Mich. Ct. App. 2008).
· cites it 7× “11b AND MCL 791.238 As recited above, the trial court concluded that Seiders was not binding authority because it created invalid judicial exceptions to the statutory language of MCL 769.”
People v. Holder, 767 N.W.2d 423 (Mich. 2009).
· cites it 3× “13 MCL 791.238(1). 14 MCL 791.240a. See also MCL 791.”
— Mich. Comp. Laws § 791.238(1) — 33 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
“However, once he is incarcerated for allegedly committing a new offense, the "unexpired portion" of the initial sentence, along with how the parolee's time spent in jail pending a determination of whether he violated his parole is allocated, is determined, in part, by MCL…”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
“See MCL 791.238(1) (stating that prisoners on parole remain in the Department’s legal custody); MCL 791.”
People v. Elliott, 833 N.W.2d 284 (Mich. 2013).
“”); MCL 791.238(1) (“Each prisoner on parole shall remain in the legal custody and under the control of the department.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003).
“§ 791.238(1). A parole is "a permit to the prisoner to leave the prison," not a release.”
People v. Holder, 767 N.W.2d 423 (Mich. 2009).
“13 MCL 791.238(1). 14 MCL 791.240a. See also MCL 791.”
— Mich. Comp. Laws § 791.238(19) — 2 cases
— Mich. Comp. Laws § 791.238(2) — 30 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
“However, once he is incarcerated for allegedly committing a new offense, the "unexpired portion" of the initial sentence, along with how the parolee's time spent in jail pending a determination of whether he violated his parole is allocated, is determined, in part, by MCL…”
People v. Meshell, 696 N.W.2d 754 (Mich. Ct. App. 2005).
“MCL 791.238(2). A parole detainee who is convicted of a new criminal offense is entitled, under MCL 791.”
People v. Elliott, 833 N.W.2d 284 (Mich. 2013).
“”); MCL 791.238(1) (“Each prisoner on parole shall remain in the legal custody and under the control of the department.”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
“§ 791.238(2); M.S.A. § 28.2308(2). Thus the Parole Board has the authority to revoke a person's parole and send him to prison for violating the terms of parole.”
— Mich. Comp. Laws § 791.238(4) — 2 cases
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
“§ 791.238(2); M.S.A. § 28.2308(2). Thus the Parole Board has the authority to revoke a person's parole and send him to prison for violating the terms of parole.”
— Mich. Comp. Laws § 791.238(5) — 8 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
“However, once he is incarcerated for allegedly committing a new offense, the "unexpired portion" of the initial sentence, along with how the parolee's time spent in jail pending a determination of whether he violated his parole is allocated, is determined, in part, by MCL…”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
“§ 791.238(2); M.S.A. § 28.2308(2). Thus the Parole Board has the authority to revoke a person's parole and send him to prison for violating the terms of parole.”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994).
“We must construe this provision in conjunction with MCL 791.238(5); MSA 28.2308(5), which provides: A prisoner committing a crime while at large on parole and being convicted and sentenced for the crime shall be treated as to the last incurred term as provided under section 34…”
— Mich. Comp. Laws § 791.238(6) — 20 cases
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
“However, once he is incarcerated for allegedly committing a new offense, the "unexpired portion" of the initial sentence, along with how the parolee's time spent in jail pending a determination of whether he violated his parole is allocated, is determined, in part, by MCL…”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
“See MCL 791.238(1) (stating that prisoners on parole remain in the Department’s legal custody); MCL 791.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003).
“§ 791.238(1). A parole is "a permit to the prisoner to leave the prison," not a release.”
People v. Holder, 767 N.W.2d 423 (Mich. 2009).
“13 MCL 791.238(1). 14 MCL 791.240a. See also MCL 791.”
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