CORRECTIONS CODE OF 1953
Act 232 of 1953
791.251 Hearings division; creation; appointment and duties of hearing administrator; duties of hearings division; supervision and qualifications of hearing officer.
Sec. 51.
(1) There is created within the department a hearings division. The division is under the direction and supervision of the hearings administrator who is appointed by the director of the department.
(2) Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing the department conducts that may result in the loss by a prisoner of a right, including but not limited to any 1 or more of the following matters:
(a) An infraction of a prison rule that may result in punitive segregation, loss of disciplinary credits, or the loss of good time.
(b) A security classification that may result in the placement of a prisoner in administrative segregation.
(c) A special designation that permanently excludes, by department policy or rule, a person under the jurisdiction of the department from community placement.
(d) Visitor restrictions.
(e) High or very high assaultive risk classifications.
(3) Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing that may result in the accumulation of disciplinary time.
(4) The hearings division is not responsible for a prisoner hearing that is conducted for prisoners transferred under section 11a to an institution of another state pursuant to the interstate corrections compact.
(5) The hearings division is not responsible for a prisoner hearing that is conducted as a result of a minor misconduct charge that would not cause a loss of good time or disciplinary credits, or result in placement in punitive segregation.
(6) Each hearings officer of the department is under the direction and supervision of the hearings division. Each hearings officer hired by the department after October 1, 1979, shall be an attorney.
History: Add. 1979, Act 140, Imd. Eff. Nov. 7, 1979 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998 ;-- Am. 1998, Act 204, Imd. Eff. June 30, 1998 ;-- Am. 1998, Act 269, Imd. Eff. July 17, 1998
PopularName Notes:
Department of Corrections Act
Notes of Decisions
King v. Caruso (2008)
mied · cites it 15×
“On July 24, 2006, Defendant Baerwalde conducted a hearing, pursuant to MCL 791.251, in Plaintiffs absence. Plaintiff claims that she did not attend this hearing because she was not given notice of the date.”
Martin v. Stine (1995)
michctapp · cites it 7×
“That section further ' specifies those hearings for which the hearings division is responsible, namely, those that may result in the loss by a prisoner of a "right.” However, at the time of plaintiff’s action, the statute expressly stated that the hearings division "shall not be…”
Spruytte v. Department of Corrections (1990)
michctapp · cites it 8×
“Defendant, Department of Corrections, appeals from a May 12, 1987, opinion and July 23, 1987, order granting plaintiff inmates partial summary disposition and requiring a hearing to be held pursuant to MCL 791.251; MSA 28.2320(51) to determine whether plaintiffs are *425…”
Oswald v. Graves (1993)
mied · cites it 6×
“If this system of review proves inadequate, or the prisoner is still aggrieved, Michigan law allows the judicial review of the administrative decision after the prisoner has exhausted all administrative remedies.”
Spruytte v. Owens (1991)
michctapp · cites it 3×
“In Shelly, supra, the Sixth Circuit Court of Appeals determined that a Michigan prison hearing officer appointed and acting pursuant to MCL 791.251 et seq.; MSA 28.2320(51) et seq.”
Shields v. Department of Corrections (1983)
michctapp · cites it 4×
“Plaintiff also contends that the procedure violates state due process requirements established in MCL 791.251 et seq.; MSA 28.2320(51) et seq.”
Jones v. Sherman (2001)
michctapp · cites it 3×
“A Michigan prison hearing officer acting pursuant to MCL 791.251 et seq.\ MSA 28.2320(51) et seq.”
Shelly v. Johnson (1987)
miwd · cites it 2×
“§ 791.251, M.S.A. § 28.2320(51). They are not simply prison employees subordinate to the prison warden, as in the case of the discipline committee members in Cleaving-er, supra.”
— Mich. Comp. Laws § 791.251(2) — 4 cases
Oswald v. Graves (1993)
mied
“If this system of review proves inadequate, or the prisoner is still aggrieved, Michigan law allows the judicial review of the administrative decision after the prisoner has exhausted all administrative remedies.”
Shelly v. Johnson (1987)
miwd
“§ 791.251, M.S.A. § 28.2320(51). They are not simply prison employees subordinate to the prison warden, as in the case of the discipline committee members in Cleaving-er, supra.”
Shields v. Department of Corrections (1983)
michctapp
“Plaintiff also contends that the procedure violates state due process requirements established in MCL 791.251 et seq.; MSA 28.2320(51) et seq.”
— Mich. Comp. Laws § 791.251(2)(a) — 2 cases
— Mich. Comp. Laws § 791.251(2)(b) — 1 case
— Mich. Comp. Laws § 791.251(3) — 1 case
Martin v. Stine (1995)
michctapp
“That section further ' specifies those hearings for which the hearings division is responsible, namely, those that may result in the loss by a prisoner of a "right.” However, at the time of plaintiff’s action, the statute expressly stated that the hearings division "shall not be…”
— Mich. Comp. Laws § 791.251(5) — 1 case
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