-
ORR # 2002-011 DEPARTMENT OF CORRECTIONS
BUREAU OF CORRECTIONAL FACILITIIES GENERAL RULES
Filed with the Secretary of State on October 24, 2002.
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the director of the department of corrections by section 6 of 1953 PA 232, MCL 791.206)
R 791.1101, R 791.3301, R 791.3310, R 791.3320, R 791.4401, R 791.4415, R 791.5501, and R
791.6603 of the Michigan Administrative Code are amended and R 791.5505 and R 791.5510 of the Code are rescinded as follows:
PART 1. GENERAL PROVISIONS
R 791.1101 Definitions.
Rule 101. As used in these rules:
(a) “Department” means the department of corrections.
(b) “Director” means the director of the department.
(c) “Facility” means a corrections center, technical rule violation center, special alternative incarceration program facility, an institution, or a part thereof that is maintained by the department.
(d) “Institution” means a facility that is under the administrative control of the deputy director of correctional facilities administration
(e) “Offender” means a prisoner, parolee, or probationer who is committed to the jurisdiction of the department.
(f) “Ombudsman” or “corrections ombudsman” means the office of the legislative corrections ombudsman created by 1975 PA 46, MCL 4.351 et seq.
(g) “Resident” means a prisoner who is committed to the jurisdiction of the department.
PART 3. PRISONER HEARING PROCEDURES
R 791.3301 Hearing officers; designation; powers.
Rule 301. (1) All full-time hearing officers shall be employees of the department’s hearings division. The department may assign other employees to act as hearing officers to conduct administrative hearings regarding prisoners, except that the hearings division shall be responsible for all administrative hearings on the following matters:
(a) An infraction of department rules which may result in placement in punitive segregation the loss of good time or disciplinary credits, or the addition of disciplinary time.
(b) A security classification which may result in the placement of a prisoner in segregation.
(c) A special designation which permanently excludes a prisoner from placement on community status.
(d) Visitor restrictions.
(e) High or very high assaultive and high property risk classifications.
(2) A hearing officer shall comply with all of the following provisions:
(a) Have no prior direct involvement in the matter which is at issue in a hearing.
(b) Verify that all parties are notified of the date and place of a hearing.
(c) Regulate the course of a hearing and the conduct of all those present at a hearing.
(d) Ensure that an adequate record or summary is made of the proceeding.
(e) Render a written decision or recommendation.
(f) Impose disciplinary sanctions pursuant to R 791.5501 if the prisoner is found guilty of major or minor misconduct.
R 791.3310 Fact-finding hearing; notice; report; waiver.
Rule 310. (1) A prisoner shall receive sufficient written notice of the purpose of a fact-finding hearing sufficiently prior to the hearing to allow preparation of a response. A copy of any disciplinary report or other information regarding circumstances giving rise to the hearing shall accompany the notice.
(2) A prisoner shall be afforded both of the following at a fact-finding hearing:
(a) To be present and speak on his or her own behalf.
(b) To receive a copy of any department document specifically relevant to the issue before the hearing officer, unless disclosure of the document would be a threat to the order and security of the facility or the safety of an individual.
(3) The hearing officer shall make a summary report of the hearing and decision or recommendation.
