CORRECTIONS CODE OF 1953
Act 232 of 1953
791.239a Arrest for alleged parole violation; right to preliminary hearing; notice of hearing; rights at hearing; postponement; notice of charges, summary of evidence, and determination of guilt when preliminary hearing not held.
Sec. 39a.
(1) Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact-finding hearing held pursuant to section 40a.
(2) Prior to the preliminary hearing, the accused parolee shall be given written notice of the charges, time, place, and purpose of the preliminary hearing.
(3) At the preliminary hearing, the accused parolee is entitled to the following rights:
(a) Disclosure of the evidence against him or her.
(b) The right to testify and present relevant witnesses and documentary evidence.
(c) The right to confront and cross-examine adverse witnesses unless the person conducting the preliminary hearing finds on the record that a witness may be subjected to risk of harm if his or her identity is revealed.
(4) A preliminary hearing may be postponed beyond the 10-day time limit on the written request of the parolee, but shall not be postponed by the department.
(5) If a preliminary hearing is not held pursuant to subsection (1), an accused parolee shall be given written notice of the charges against him or her, the time, place and purpose of the fact-finding hearing and a written summary of the evidence to be presented against him or her.
(6) If a preliminary hearing is not held pursuant to subsection (1), an accused parolee may not be found guilty of a violation based on evidence that was not summarized in the notice provided pursuant to subsection (5) except for good cause stated on the record and included in the written findings of fact provided to the parolee.
History: Add. 1982, Act 314, Imd. Eff. Oct. 15, 1982
PopularName Notes:
Department of Corrections Act
Notes of Decisions
People v. Elliott (2013)
mich · cites it 4×
“”) 12 See MCL 791.239a(1) (“Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact- finding…”
People v. Idziak (2009)
mich · cites it 2×
“[4] When a defendant violates his parole by engaging in conduct other than committing a new criminal offense, the Parole Board is required to hold a series of hearings under MCL 791.239a ("probable cause" hearing) and MCL 791.”
Witzke v. Withrow (1988)
miwd · cites it 4×
“Mich.Comp.Laws § 791.239a. If probable cause is found, most parolees are entitled to a fact-finding hearing before a member of the Parole Board within 45 days of becoming available for return to a correctional facility.”
Jones v. Department of Corrections (2003)
mich
“3 Plaintiff waived his right to a preliminary hearing under MCL 791.239a. On April 19, 2001, plaintiff appeared before a Department of Corrections administrative law examiner (ale) and received notice of the charges against him and the time, place, and purpose of the…”
People v. Young (1994)
michctapp · cites it 2×
“In the interests of due process, however, we remand for a parole violation hearing that comports with the requirements of MCL 791.239a; MSA 28.2309(1) and MCL 791.”
In Re Wayne County Prosecutor (1999)
michctapp
“A parolee is entitled to a preliminary probable cause hearing within ten days after arrest for parole violation, MCL 791.239a(l); MSA 28.2309(1)(1), and is entitled to a fact-finding hearing before a member of the Parole Board or a hearing officer within forty-five days of…”
People v. Wright (1983)
michctapp
“MCL 791.239a; MSA 28.2309(1). Only if a violation of parole is established by a preponderance of the evidence can parole be revoked.”
Trevor Kelly v. Parole Board (2017)
michctapp · cites it 4×
“MCL 791.239a sets forth the procedural requirements for the Board to follow in cases of suspected parole violations.”
May v. Horton (2020)
mied
“Petitioner relies on Michigan Compiled Laws § 791.239a, which provides in relevant part that, [w]ithin 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that…”
Persichino v. Parole Board (1998)
michctapp
“…a parolee is entitled to a preliminary hearing and notice of the charges, as well as other procedural safeguards. MCL 791.239a; MSA 28.2309(1).”
— Mich. Comp. Laws § 791.239a(1) — 3 cases
People v. Elliott (2013)
mich
“”) 12 See MCL 791.239a(1) (“Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact- finding…”
Trevor Kelly v. Parole Board (2017)
michctapp
“MCL 791.239a sets forth the procedural requirements for the Board to follow in cases of suspected parole violations.”
— Mich. Comp. Laws § 791.239a(2) — 1 case
People v. Elliott (2013)
mich
“”) 12 See MCL 791.239a(1) (“Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact- finding…”
— Mich. Comp. Laws § 791.239a(l) — 1 case
In Re Wayne County Prosecutor (1999)
michctapp
“A parolee is entitled to a preliminary probable cause hearing within ten days after arrest for parole violation, MCL 791.239a(l); MSA 28.2309(1)(1), and is entitled to a fact-finding hearing before a member of the Parole Board or a hearing officer within forty-five days of…”
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