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

Mich. Comp. Laws § 791.239 (2026)

Paroled prisoner; arrest without warrant.

✓ current as of July 2026
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CORRECTIONS CODE OF 1953


Act 232 of 1953


791.239 Paroled prisoner; arrest without warrant.

Sec. 39.

    A probation officer, a parole officer, a peace officer of this state, or an employee of the department other than a probation or parole officer who is authorized by the director to arrest parole violators may arrest without a warrant and detain in any jail of this state a paroled prisoner, if the probation officer, parole officer, peace officer, or authorized departmental employee has reasonable grounds to believe that the prisoner has violated parole or a warrant has been issued for his or her return under section 38.

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. 1988, Act 293, Imd. Eff. Aug. 4, 1988

PopularName Notes:

Department of Corrections Act
Notes of Decisions
Cited in 27 cases (12 in the last 5 years), 1967–2026 · 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 6× “" MCL 791.239. [12] Under MCL 791.238(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[ [13] ] .”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003). · cites it 4× “MCL 791.239. The procedural requirements of M.”
Hinton v. Parole Bd., 383 N.W.2d 626 (Mich. Ct. App. 1986). · cites it 2× “The Michigan Department of Corrections issued a parole detainer or "hold" for Hinton on July 16, 1984, pursuant to MCL 791.239; MSA 28.2309. Hinton was served with a notice of parole violations, detailing the charges against him, on July 20, 1984.”
United States v. Carnes, 987 F. Supp. 551 (E.D. Mich. 1997). · cites it 7× “232 of the Public Acts of 1953, as amended, being § 791.239 of the Michigan Compiled Laws. (b) A stop and frisk, if there is reasonable cause to believe that the parolee is presently involved in criminal conduct, has violated a condition of parole, or is carrying a weapon.”
United States v. Carnes, 51 F. Supp. 2d 829 (E.D. Mich. 1999). · cites it 3× “232 of the Public Acts of 1953, as amended being § 791.239 of the Michigan Compiled Laws. 3 (b) A stop and frisk, if there is reasonable cause to believe that the parolee is presently involved in criminal conduct, has violated a condition of parole, or is carrying a weapon.”
People v. Elliott, 815 N.W.2d 575 (Mich. Ct. App. 2012). “If a parole officer has reasonable grounds to believe that a parolee has violated the conditions of his or her parole, MCL 791.239 provides the officer with statutory authority to arrest the parolee.”
People v. Walker, 149 N.W.2d 912 (Mich. Ct. App. 1967). “Prior violations and the current arrest gave the parole officer reasonable grounds to believe defendant had violated his parole and he was authorized to order the hold by CLS 1961, § 791.239 (Stat Ann 1954 Rev § 28.2309). We conclude defendant’s detention was lawful, and that…”
People of Michigan v. Erick Rosean Allen (Mich. 2021). · cites it 22× “That same day, defendant was arrested, and the MDOC filed a parole detainer against defendant under MCL 791.239 asking the Monroe County Jail to hold defendant “until further notice.”
People of Michigan v. Erick Rosean Allen (Mich. 2021). · cites it 22× “That same day, defendant was arrested, and the MDOC filed a parole detainer against defendant under MCL 791.239 asking the Monroe County Jail to hold defendant “until further notice.”
People of Michigan v. Steven Loy Lockwood (Mich. Ct. App. 2022). · cites it 5× “Parole detainers can be issued under MCL 791.239, which provides: A probation officer, a parole officer, a peace officer of this state, or an employee of the department other than a probation or parole officer who is authorized by the director to arrest parole violators may…”
LaCroix v. Clayton (E.D. Mich. 2025). · cites it 5× “2d at 538 (quoting Mich. Comp. Laws § 791.239 ) (first alteration added) (emphasis omitted).”
People of Michigan v. Danny Dewayne Waller (Mich. Ct. App. 2017). · cites it 4× “7735(1)(a) which provides that a parole agent may conduct a warrantless search of a parolee’s person or property incident to a lawful arrest as described in MCL 791.239. That statute authorizes a parole officer to arrest a parole -4- violator without a warrant if the officer has…”
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