CORRECTIONS CODE OF 1953
Act 232 of 1953
791.242 Final order of discharge; certificate; period of parole.
Sec. 42.
(1) If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the full sentence required. The parole board shall enter a final order of discharge and issue the paroled prisoner a certificate of discharge.
(2) Parole shall not be granted for a period less than 2 years in a case of murder, actual forcible rape, robbery armed, kidnapping, extortion, or breaking and entering an occupied dwelling in the nighttime unless the maximum time remaining to be served on the sentence is less than 2 years.
(3) Parole shall only be granted for life for a prisoner sentenced under section 520b(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
History: 1953, Act 232, Eff. Oct. 2, 1953 ;-- Am. 1961, Act 92, Eff. Sept. 8, 1961 ;-- Am. 2006, Act 170, Eff. Aug. 28, 2006
PopularName Notes:
Department of Corrections Act
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1969–2025 · leading case:
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
People v. Idziak, 773 N.W.2d 616 (Mich. 2009).
· cites it 2× “MCL 791.242; MCL 791.234(3) and (4). In the case of a defendant who has a single sentence, he can be paroled, successfully complete that parole, and then be discharged.”
People v. Holder, 767 N.W.2d 423 (Mich. 2009).
· cites it 3× “16 The statutory provision addressing parole discharge can be found at MCL 791.242(1), which provides: If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the…”
People v. Young, 559 N.W.2d 670 (Mich. Ct. App. 1997).
· cites it 6× “2312 provides, in relevant part: *673 When any paroled prisoner has faithfully performed all of the conditions and obligations of his parole for the period of time fixed in such order, and has obeyed all of the rules and regulations adopted by the parole board, he shall be…”
Lickfeldt v. Dep't of Corr., 636 N.W.2d 272 (Mich. Ct. App. 2001).
· cites it 2× “§ 791.242. Conversely, there is no such manifest indication with respect to certificates of termination.”
Wayne Cnty. Prosecutor v. Dep't of Corr., 548 N.W.2d 900 (Mich. 1996).
· cites it 2× “§ 791.242; M.S.A. § 28.2312. And, in the instant case, the statute "clearly was not complied with" in the circumstance that the Parole Board was aware that Young six days earlier had committed another offense.”
People v. Young, 521 N.W.2d 340 (Mich. Ct. App. 1994).
· cites it 2× “Because Young did not faithfully perform all the conditions and obligations of his parole for the period fixed in the order (here two years), the Department of Corrections' discharge of Young's parole was in violation of MCL 791.242; MSA 28.2312. Here, Young did not complete…”
People v. Tanner, 199 N.W.2d 202 (Mich. 1972).
“MCLA 791.242; MSA 28.2312, provides that: “Sec.”
Arkin Distrib. Co. v. Jones, 792 N.W.2d 772 (Mich. Ct. App. 2010).
“MCL 791.242(1) provides: If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the…”
Lane v. Dep't of Corr., Parole Bd., 165 N.W.2d 841 (Mich. Ct. App. 1969).
· cites it 2× “2310]), the parole board is directed to enter an order pursuant to the statute (MCLA, § 791.242 [Stat Ann 1954 Rev § 28.2312]) discharging Lane from parole.”
Wayne Cnty. Prosecutor v. Dep't of Corr., 617 N.W.2d 921 (Mich. Ct. App. 2000).
· cites it 5× “This case arises out of plaintiff’s attempt to have § 42 of the penal institutions, pardon, probation, and parole act, MCL 791.242; MSA 28.2312, relating to a final order of discharge from parole, declared unconstitutional as a violation of the separation of powers doctrine.”
Harper v. Dep't of Corr., 546 N.W.2d 718 (Mich. Ct. App. 1996).
“In addition, MCL 791.242; MSA 28.2312 provides that a paroled prisoner is not deemed to have served his full sentence until he has "faithfully performed all of the conditions and obligations of his parole for the period of time fixed in such order.”
in Re Gregg Bryan Knight (Mich. Ct. App. 2020).
· cites it 3× “” MCL 791.242(1). For most felony convictions, the circuit court is free to impose probation at the defendant’s initial sentencing.”
— Mich. Comp. Laws § 791.242(1) — 3 cases
People v. Holder, 767 N.W.2d 423 (Mich. 2009).
“16 The statutory provision addressing parole discharge can be found at MCL 791.242(1), which provides: If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the…”
Arkin Distrib. Co. v. Jones, 792 N.W.2d 772 (Mich. Ct. App. 2010).
“MCL 791.242(1) provides: If a paroled prisoner has faithfully performed all of the conditions and obligations of parole for the period of time fixed in the order of parole, and has obeyed all of the rules and regulations adopted by the parole board, the prisoner has served the…”
in Re Gregg Bryan Knight (Mich. Ct. App. 2020).
“” MCL 791.242(1). For most felony convictions, the circuit court is free to impose probation at the defendant’s initial sentencing.”
— Mich. Comp. Laws § 791.242(3) — 1 case
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