Mich. Comp. Laws § 791.240

Prisoner convicted of violent felony; placement on parole; special provisions; history of substance abuse; report; definitions.

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CORRECTIONS CODE OF 1953

Act 232 of 1953

791.240 Prisoner convicted of violent felony; placement on parole; special provisions; history of substance abuse; report; definitions.

Sec. 40.

(1) If a prisoner serving a sentence for conviction of a violent felony is placed on parole, both of the following special provisions apply:

(a) The supervising parole agent shall make a home call within the first 45 days after the prisoner is placed on parole.

(b) The supervising parole agent shall do a LEIN check not less than quarterly for that parolee and not later than 1 month before a parolee is discharged from parole.

(2) If a prisoner who has a history of substance abuse is placed on parole and is assigned to intensive, maximum, or medium parole supervision, the department shall require as a condition of parole that the parolee submit to substance abuse testing at least twice each month.

(3) The department shall report to the legislature on a quarterly basis both of the following:

(a) The number of parolees who are absconders.

(b) The number of parolees who have been absconders for more than 3 months.

(4) As used in this section:

(a) "LEIN" means the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(b) "Substance abuse" means the taking of alcohol or other drugs at dosages that place an individual's social, economic, psychological, and physical welfare in potential hazard or to the extent that an individual loses the power of self-control as a result of the use of alcohol or drugs, or while habitually under the influence of alcohol or drugs, endangers public health, morals, safety, or welfare, or a combination thereof.

History: Add. 2006, Act 487, Eff. Jan. 1, 2007 ;-- Am. 2018, Act 295, Eff. Sept. 27, 2018

Compiler's Notes:

Former MCL 791.240, which pertained to violation of parole, was repealed by Act 192 of 1968, Eff. Nov. 15, 1968.

PopularName Notes:

Department of Corrections Act

Notes of Decisions

Cited in 16 cases, 1963–2003 · leading case: Jones v. Department of Corrections

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Jones v. Department of Corrections (2003) mich · cites it 28× “" [MCL 791.240.] Stewart's parole agent submitted a parole-violation report charging that the plaintiff had unlawfully absconded from the jurisdiction, and a parole-violation warrant was issued.”

Warren v. Parole Board (1970) michctapp · cites it 4× “The pertinent statute provided: "Whenever a parole prisoner is accused of a violation of his parole * * * he shall be entitled to a fair and impartial hearing of such charges.”

Lane v. Department of Corrections, Parole Board (1970) mich · cites it 2× “He thus was entitled to a hearing as expressly provided in § 40 * * * (CLS 1961, § 791.240 [Stat Ann 1954 Rev § 28.2310])” providing that “Whenever a paroled prisoner is accused of a violation of his parole * * * he shall be entitled to a fair and impartial hearing of such…”

Lane v. Department of Corrections, Parole Board (1969) michctapp · cites it 4× “The period of Lane’s parole having expired without a valid order extending such period having been entered and the parole board having failed to conduct a hearing on the parole violation charges within the 30-day period provided by the statute (MCLA, § 791.240 [Stat Ann 1954 Rev…”

In Re Evans (1969) michctapp · cites it 2× “If he is in custody, as here, the parole board having issued a warrant must seek with that same degree of diligence to execute it, and to hold the revocation hearing.”

Stewart v. Department of Corrections (1969) mich “” PA 1953, No 232, § 40 (CLS 1961, § 791.240; Stat Ann 1954 Rev § 28.2310). In response to the Court of Appeals order of April 19, 1968, to show cause,, the attorney general, in behalf of the parole board, stated: “In the matter at bar, this prisoner admitted his guilt on .”

Feazel v. Department of Corrections (1971) michctapp · cites it 4× “The present statute replaces MCLA § 791.240 (Stat Ann 1954 Rev § 28.2310), which provided for a “fair and impartial hearing” at which the prisoner: “shall be allowed to be heard by counsel of his own choice, at his own expense, and may defend himself, and he shall have the right…”

Crawford v. Michigan Parole Board (1971) michctapp · cites it 15× “Under the former statute, MCLA § 791.240 (Stat Ann 1954 Rev § 28.2310), the parolee had a right to a fair and impartial hearing at which the prisoner could confront his accusers and to show evidence in his favor.”

In Re Lane (1966) michctapp · cites it 4× “A hearing was had on the writ on September 20, 1965 and Lane was discharged on the grounds that the Michigan department of corrections had not acted pursuant to CLS 1961, § 791.240 (Stat Ann 1954 Rev § 28.2310). On September 21, 1965, Lane’s attorney and an assistant attorney…”

People v. Bess (1968) michctapp “On appeal the defendant contends that he was denied due process of law as provided by the United States Constitution and the Constitution of the State of Michigan in that he was denied bond on the basis of a parole violation without having been afforded the right to a hearing on…”

Saunders v. DEPARTMENT OF CORRECTIONS, PAROLE BOARD (1968) michctapp “The issue presented for review is: Does an indigent person have a right to counsel at public expense in proceeding to revoke his parole? CLS 1961, § 791.240 (Stat Ann 1954 Eev § 28.2310) gives the statutory authority under which parole violation hearings are held.”

Lobaido v. Department of Corrections (1971) michctapp · cites it 12× “From that order plaintiff brings this mandamus action, asserting that he was denied a formal parole *173 violation hearing as provided for hy the then applicable statute, MCLA § 791.240 (Stat Ann 1954 Rev § 28.2310) , 1 The sole question before this Court is whether the…”

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