DAY PAROLE OF PRISONERS
Act 60 of 1962
801.251 Privilege of leaving jail during necessary and reasonable hours; purposes; limitations; “jail” defined.
Sec. 1.
(1) Except as otherwise provided in subsection (3) and subject to section 1a, a sentence or commitment of a person to a county jail for any reason may grant to the person the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
(a) Seeking employment.
(b) Working at his or her employment.
(c) Conducting his or her own self-employed business or occupation, including housekeeping and caring for the needs of his or her family.
(d) Attendance at an educational institution.
(e) Medical treatment, substance abuse treatment, mental health counseling, or psychological counseling.
(2) A person may petition the court for a privilege described in subsection (1) at the time of sentence or commitment, and in the discretion of the court may renew his or her petition. The court may withdraw the privilege at any time by order entered with or without notice.
(3) A person shall not be granted the privileges described in subsection (1), except for the privilege of leaving the jail during necessary and reasonable hours for the purpose of medical treatment, substance abuse treatment, mental health counseling, or psychological counseling, if the person is housed in the jail while serving all or any part of a sentence of imprisonment for any of the following crimes:
(a) Section 145c, 520b, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520b, 750.520c, 750.520d, and 750.520g.
(b) Murder in connection with sexual misconduct.
(c) An attempt to commit a crime described in subdivision (a) or (b).
(4) As used in this act, "jail" means a facility that is operated by a county for the detention of persons charged with, or convicted of, criminal offenses or ordinance violations, or persons found guilty of civil or criminal contempt, for not more than 1 year.
History: 1962, Act 60, Eff. Mar. 28, 1963 ;-- Am. 1987, Act 146, Imd. Eff. Oct. 26, 1987 ;-- Am. 2012, Act 613, Eff. Mar. 1, 2013 ;-- Am. 2014, Act 21, Imd. Eff. Feb. 25, 2014
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1966–2023 · leading case:
People v. McCuller, 739 N.W.2d 563 (Mich. 2007).
People v. McCuller, 739 N.W.2d 563 (Mich. 2007).
· cites it 4× “( x ) Jail, with or without authorization for day parole under 1962 PA 60 , MCL 801.251 to 801.258. ( xi ) Participation in a community corrections program.”
People v. Harper, 739 N.W.2d 523 (Mich. 2007).
· cites it 2× “( x ) Jail, with or without authorization for day parole under 1962 PA 60 , MCL 801.251 to 801.258. ( xi ) Participation in a community corrections program.”
People v. McCuller, 715 N.W.2d 798 (Mich. 2006).
· cites it 2× “*804 ( x ) Jail, with or without authorization for day parole under 1962 PA 60 , MCL 801.251 to 801.258. ( xi ) Participation in a community corrections program.”
People v. Malmquist, 400 N.W.2d 317 (Mich. Ct. App. 1986).
· cites it 3× “MCL 801.251; MSA 28.1747(1) provides: A sentence or commitment of a person to a county jail for any reason may grant such person the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes: (a) Seeking employment; (b) Working at his…”
People v. Groff, 516 N.W.2d 532 (Mich. Ct. App. 1994).
· cites it 3× “1747(7) is found in an act providing for sentencing options that may be granted to county prisoners, MCL 801.251 et seq.; MSA 28.1747(1) et seq.”
People v. Stauffer, 640 N.W.2d 869 (Mich. 2002).
“(x) Jail, with or without authorization for day parole under 1962 PA 60 , MCL 801.251 to 801.258. *636 (xi) Participation in a community corrections program.”
Carter v. McCaleb, 29 F. Supp. 2d 423 (W.D. Mich. 1998).
· cites it 2× “Mich. Comp. Laws § 801.251 provides that “a sentence or commitment of a person to a county jail for any reason may grant to the person the privilege of leaving the jail” to work or seek employment.”
Luberda v. Farm Bureau Gen. Ins. Co., 415 N.W.2d 245 (Mich. Ct. App. 1987).
“MCL 801.251; MSA 28.1747(1) requires that a jail inmate petition the circuit court for the privilege of participating in a work-release program.”
Alexander v. Emp. Sec. Comm'n, 144 N.W.2d 850 (Mich. Ct. App. 1966).
““(c) The provisions of subsections (a) and (b) herein shall not be applicable when the conviction of any person has resulted in a sentence to a county jail under conditions of day parole as provided in Act No.”
People v. Pennebaker, 825 N.W.2d 637 (Mich. Ct. App. 2012).
“Pursuant to MCL 801.251, the Legislature has specifically allowed courts to release inmates from jail during necessary and reasonable hours for work, substance abuse treatment, counseling, and other statutorily authorized activities.”
People of Michigan v. Anthony Wilkins (Mich. 2017).
“257 does not expressly state its exclusive application to “day parolees,” the “day parole of prisoners” act of 1962, MCL 801.251 et seq., of which MCL 801.257 is a part, contained a total of eight sections and each of its seven other sections pertained only to “day parolees.”
People of Michigan v. Anthony Wilkins (Mich. 2017).
“257 does not expressly state its exclusive application to “day parolees,” the “day parole of prisoners” act of 1962, MCL 801.251 et seq., of which MCL 801.257 is a part, contained a total of eight sections and each of its seven other sections pertains only to “day parolees.”
— Mich. Comp. Laws § 801.251(3) — 1 case
People v. Groff, 516 N.W.2d 532 (Mich. Ct. App. 1994).
“1747(7) is found in an act providing for sentencing options that may be granted to county prisoners, MCL 801.251 et seq.; MSA 28.1747(1) et seq.”
— Mich. Comp. Laws § 801.251(4) — 1 case
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