Michigan Compiled Laws

Mich. Comp. Laws § 791.285 (2026)

Lifetime electronic monitoring program; establishment; implementation; manner of wearing or carrying; reimbursement; "electronic monitoring" defined.

✓ current as of July 2026
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CORRECTIONS CODE OF 1953


Act 232 of 1953


791.285 Lifetime electronic monitoring program; establishment; implementation; manner of wearing or carrying; reimbursement; "electronic monitoring" defined.

Sec. 85.

    (1) The lifetime electronic monitoring program is established in the department. The lifetime electronic monitoring program must implement a system of monitoring individuals released from parole, prison, or both parole and prison who are sentenced by the court to lifetime electronic monitoring. The lifetime electronic monitoring program must accomplish all of the following:

    (a) By electronic means, track the movement and location of each individual from the time the individual is released on parole or from prison until the time of the individual's death.

    (b) Develop methods by which the individual's movement and location may be determined, both in real time and recorded time, and recorded information retrieved upon request by the court or a law enforcement agency.

    (2) An individual who is sentenced to lifetime electronic monitoring shall wear or otherwise carry an electronic monitoring device as determined by the department under the lifetime electronic monitoring program in the manner prescribed by that program and shall reimburse the department or its agent as provided under section 36a while the individual is still on parole, and at the rate of $60.00 per month after the individual is discharged from parole but is still subject to electronic monitoring.

    (3) As used in this section, "electronic monitoring" means a device by which, through global positioning system satellite or other means, an individual's movement and location are tracked and recorded.

    

    

History: Add. 2006, Act 172, Eff. Aug. 28, 2006 ;-- Am. 2019, Act 164, Eff. Mar. 19, 2020

PopularName Notes:

Department of Corrections Act
Notes of Decisions
Cited in 19 cases (9 in the last 5 years), 2010–2025 · leading case: People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010).
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). · cites it 13× “520c] for criminal sexual conduct committed by an individual 17 years old or older against an individual less than 13 years of age shall be sentenced to lifetime electronic monitoring as provided under section 85 of the corrections code of 1953, 1953 PA 232 , MCL 791.285.…”
People v. King, 824 N.W.2d 258 (Mich. Ct. App. 2012). · cites it 4× “285 provides, pertinent to the issue in this case: (1) The lifetime electronic monitoring program is established in the department [of Corrections]. The lifetime electronic monitoring program shall implement a system of monitoring individuals released from parole, prison, or…”
People v. Hallak, 873 N.W.2d 811 (Mich. Ct. App. 2015). · cites it 4× “The monitoring is to be in accordance with MCL 791.285, which provides that the lifetime electronic monitoring program is to be established by the Department of Corrections (DOC) and outlines what the program is to accomplish.”
People v. Cole, 817 N.W.2d 497 (Mich. 2012). · cites it 2× “520n(l), which likewise includes the language “shall be sentenced,” and MCL 791.285(1) and (2), which use the language “individuals.”
People v. Brantley, 823 N.W.2d 290 (Mich. Ct. App. 2012). “520n(l) of the Michigan Penal Code directs that defendants shall be sentenced to lifetime electronic monitoring as provided under MCL 791.285 of the Corrections Code. Because the latter statute only provides for the implementation of a lifetime electronic monitoring program for…”
People of Michigan v. Abigail Marie Simon (Mich. Ct. App. 2016). · cites it 4× “MCL 791.285(1) and (3). And although this monitoring lasts a lifetime, the Legislature presumably provided shorter prison sentences for these CSC–II convictions because of the availability of lifetime monitoring.”
People of Michigan v. Justin Timothy Comer (Mich. 2017). · cites it 3× “520c for criminal sexual conduct committed by an individual 17 years old or older against an individual less than 13 years of age shall be sentenced to lifetime electronic monitoring as provided under MCL 791.285. Therefore, under MCL 750.520b(2)(d), the trial court shall…”
People of Michigan v. David Christopher Morales (Mich. Ct. App. 2024). · cites it 3× “The monitoring takes the form of “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”
People of Michigan v. Robert Lawrence Wilkins (Mich. Ct. App. 2020). · cites it 2× “This definition is consistent with the definition and purposes identified by our Legislature within MCL 791.285, which states in relevant part: The lifetime electronic monitoring program shall accomplish all of the following: (a) By electronic means, track the movement and…”
Corridore v. Washington (E.D. Mich. 2022). · cites it 2× “” Mich. Comp. Laws § 791.285 (3). Court, nevertheless, will grant a certificate of appealability on Petitioner’s first claim so that the Court of Appeals can rule on the “in custody” issue.”
People of Michigan v. Anthony Taylor Nunez (Mich. Ct. App. 2022). “Without information about a consequence of a sentence deemed by our Legislature to be punishment, which here entails having to wear a device and be electronically tracked “from the time the individual is released on parole or from prison until the time of the individual's…”
People of Michigan v. Anthony Taylor Nunez (Mich. Ct. App. 2022). “Without information about a consequence of a sentence deemed by our Legislature to be punishment, which here entails having to wear a device and be electronically tracked “from the time the individual is released on parole or from prison until the time of the individual's…”
— Mich. Comp. Laws § 791.285(1) — 4 cases
People v. Hallak, 873 N.W.2d 811 (Mich. Ct. App. 2015). “The monitoring is to be in accordance with MCL 791.285, which provides that the lifetime electronic monitoring program is to be established by the Department of Corrections (DOC) and outlines what the program is to accomplish.”
People v. Cole, 817 N.W.2d 497 (Mich. 2012). “520n(l), which likewise includes the language “shall be sentenced,” and MCL 791.285(1) and (2), which use the language “individuals.”
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). “520c] for criminal sexual conduct committed by an individual 17 years old or older against an individual less than 13 years of age shall be sentenced to lifetime electronic monitoring as provided under section 85 of the corrections code of 1953, 1953 PA 232 , MCL 791.285.…”
People of Michigan v. Abigail Marie Simon (Mich. Ct. App. 2016). “MCL 791.285(1) and (3). And although this monitoring lasts a lifetime, the Legislature presumably provided shorter prison sentences for these CSC–II convictions because of the availability of lifetime monitoring.”
— Mich. Comp. Laws § 791.285(1)(a) — 5 cases
People v. Kern, 794 N.W.2d 362 (Mich. Ct. App. 2010). “520c] for criminal sexual conduct committed by an individual 17 years old or older against an individual less than 13 years of age shall be sentenced to lifetime electronic monitoring as provided under section 85 of the corrections code of 1953, 1953 PA 232 , MCL 791.285.…”
People of Michigan v. Abigail Marie Simon (Mich. Ct. App. 2016). “MCL 791.285(1) and (3). And although this monitoring lasts a lifetime, the Legislature presumably provided shorter prison sentences for these CSC–II convictions because of the availability of lifetime monitoring.”
People of Michigan v. Anthony Taylor Nunez (Mich. Ct. App. 2022). “Without information about a consequence of a sentence deemed by our Legislature to be punishment, which here entails having to wear a device and be electronically tracked “from the time the individual is released on parole or from prison until the time of the individual's…”
People of Michigan v. Anthony Taylor Nunez (Mich. Ct. App. 2022). “Without information about a consequence of a sentence deemed by our Legislature to be punishment, which here entails having to wear a device and be electronically tracked “from the time the individual is released on parole or from prison until the time of the individual's…”
People of Michigan v. David Roark (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 791.285(1)(b) — 2 cases
People of Michigan v. Abigail Marie Simon (Mich. Ct. App. 2016). “MCL 791.285(1) and (3). And although this monitoring lasts a lifetime, the Legislature presumably provided shorter prison sentences for these CSC–II convictions because of the availability of lifetime monitoring.”
People of Michigan v. David Christopher Morales (Mich. Ct. App. 2024). “The monitoring takes the form of “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”
— Mich. Comp. Laws § 791.285(2) — 1 case
People of Michigan v. David Christopher Morales (Mich. Ct. App. 2024). “The monitoring takes the form of “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”
— Mich. Comp. Laws § 791.285(3) — 4 cases
People v. Hallak, 873 N.W.2d 811 (Mich. Ct. App. 2015). “The monitoring is to be in accordance with MCL 791.285, which provides that the lifetime electronic monitoring program is to be established by the Department of Corrections (DOC) and outlines what the program is to accomplish.”
People of Michigan v. David Christopher Morales (Mich. Ct. App. 2024). “The monitoring takes the form of “a device by which, through global positioning system satellite or other means, an individual’s movement and location are tracked and recorded.”
— Mich. Comp. Laws § 791.285(l)(a) — 1 case
People v. Cole, 817 N.W.2d 497 (Mich. 2012). “520n(l), which likewise includes the language “shall be sentenced,” and MCL 791.285(1) and (2), which use the language “individuals.”
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