4 R 791.3320 Appeals; notice; sanctions stayed; basis of review; permissible dispositions on appeal; finality.

 

Rule 320. (1) A prisoner may appeal a determination made at a hearing conducted pursuant to R 791.3310 for minor misconduct as set forth in department policies and procedures. Oral notice of intent to appeal shall be given by the prisoner at the conclusion of the hearing and shall be followed by a written basis for the appeal within 24 hours after receipt of the written decision. Sanctions ordered by the hearing officer may be held in abeyance until the appeal is resolved.

(2)   Within 30 calendar days after receipt of the determination, the prisoner or warden may appeal, to the hearings administrator, the determination made at a hearing conducted pursuant to R 791.3315. The hearings administrator may order a rehearing on his or her own motion at any time.

(3)  A prisoner may appeal a determination made in any other administrative hearing by filing a grievance.

(4)  Appeals shall be reviewed on the basis of the written summary or record of the hearing, any documentary evidence presented at the hearing, and the written reason for appeal. The reviewing official may affirm or reverse a finding of guilt or may vacate the finding and remand for a new hearing.

 

PART 4. PRISONER CLASSIFICATION AND TRANSFER

 

 

R 791.4401 Security classification; criteria; security classification committee; levels of custody; additional criteria for certain classifications; grievance.

Rule 401. (1) A prisoner’s security classification is a determination, based on the experience of correctional administrators, as to the level of confinement required for public safety and the safety and security of the facility. It is not a punitive or disciplinary sanction. All of the following factors may be considered in determining classification:

(a)  The prisoner’s need for protection.

(b)  The safety of others.

(c)  The protection of the general public.

(d)  Prevention of escape.

(e)  Maintenance of control and order.

(f) Medical and mental health care needs of the prisoner.

(2)       After examination of all relevant information, a prisoner shall be assigned to 1 of the following. that is the least restrictive level of custody consistent with the requirements of subrule (1) of this rule:

(a)  Segregation.

(b)  Level VI.

(c)  Level V.

(d) Level IV.

(e)  Level III.

(f) Level II.

(g)  Level I.

(h)  Community status.

(3)        Security classifications to all levels, except level VI and community status, shall be determined at each institution by a committee which is appointed by the warden and which is under the direction of the deputy director for correctional facilities. The deputy director of correctional facilities administration shall determine all placements at level VI. Placement on community status requires the concurrence of the administrator of the office of field programs and is subject to R 791.4410 and R 791.4425.

(4)      A prisoner who objects to a reclassification decision may file a grievance.

 

R 791.4415 Extensions of limits of prisoner’s confinement purposes; criteria; time limits; costs.

Rule 415. (1) A prisoner who is housed in an institution may be allowed outside the confines of that institution to obtain medical services that are not otherwise available, with the approval of the warden or designee.

(2)      A prisoner who is housed in an institution also may be allowed outside the confines of that institution for the following reasons and only with the prior approval of the warden or designee:

(a)     To visit an immediate family member, as defined in department policy, who is critically ill.

(b)       To attend the family visitation or private funeral of an immediate family member, as defined in department policy.

(3)       Only prisoners who have a true security level of I, II, or III are eligible for funeral and sick bed visits. A prisoner serving a life sentence is eligible only if a commutation has been granted by the governor or a parole release date has been established by the parole board and if the prisoner has served not less than 15 calendar years with good institutional adjustment.

(4)       A prisoner shall not be approved for funeral and sick bed visits that exceed a cumulative total of 30 days during the prisoner’s current incarceration. Each funeral or sick bed visit shall be considered to be 1 day, regardless of the actual length of time. A funeral or sick bed visit, including travel, shall not be approved for more than 12 hours in duration, except that the deputy director for correctional facilities may approve a visit up

 

 

to 24 hours in duration for a prisoner required to travel more than 500 miles round trip. Funeral and sick bed visits outside the state of Michigan shall not be approved.

(5)       A prisoner approved for a funeral or sick bed visit shall remain in the custody of correctional officers at all times to, from, and during the visit. Costs incurred for the visit, including all custodial costs, shall be borne by the prisoner or the prisoner’s family.

 

PART 5. PRISONER MISCONDUCT

 

R 791.5501 Major misconduct; minor misconduct; hearing; confiscation and disposition of contraband.

Rule 501. (1) An alleged violation of department rules shall be classified as major misconduct or minor misconduct on the basis of the seriousness of the act and the disciplinary sanctions allowed. The director shall determine what constitutes major and minor misconduct, the time limits for conducting hearings, and the range of disciplinary sanctions which may be imposed upon a finding of guilt.

(2)      A prisoner charged with major misconduct shall be provided a formal hearing conducted in accordance with R 791.3315. A prisoner charged with minor misconduct shall be provided a fact-finding hearing conducted in accordance with R 791.3310. Upon a finding of guilt of major or minor misconduct, the prisoner shall be subject to the disciplinary sanctions ordered by the hearing officer.

(3)       A prisoner may plead guilty to a minor misconduct and waive a hearing by signing a written waiver. If the waiver is accepted, disciplinary sanctions may be imposed by the department official accepting the waiver.

(4)       In addition to the disciplinary sanctions imposed by the hearing officer, a prisoner who is found guilty of a major misconduct shall be subject to both of the following provisions:

(a)      A prisoner who is subject to good time or disciplinary credits will not earn good time or disciplinary credits during the month in which the major misconduct violation occurred. The warden also may forfeit previously earned good time and disciplinary credits pursuant to R 791.5513, and not grant special good time and special disciplinary credits.

(b)       A prisoner who is subject to disciplinary time will accumulate disciplinary time for the major misconduct pursuant to R 791.5515.

(5)       Property determined to be contraband at a misconduct hearing or based on a waiver accepted pursuant to this rule shall be confiscated and disposed of in accordance with department policy as directed by the hearing officer or department official who accepted the waiver.

 

R 791.5505 Rescinded.

 

R 791.5510 Rescinded.

 

PART 6. PRISONER RIGHTS AND PRIVILEGES

 

R 791.6603 Incoming and outgoing mail requirements; inspection; limitations; legal correspondence; notice of rejection; appeals.

Rule 603. (1) A prisoner who is in general population status shall be permitted to send sealed letters to any person or organization, subject to the limitations of this rule. However, all outgoing mail shall contain a return address, including the prisoner’s first and last name and identification number and the facility’s name and address. Any outgoing mail that does not contain at least the prisoner’s name and identification number may be

 

 

destroyed. Outgoing mail of a prisoner who is in segregation status shall be subject to inspection, except for correspondence to any of the following:

(a)       Attorneys.

(b)       Courts.

(c)       Public officials.

(d)     The department’s central office staff.

(e)       The office of the legislative corrections ombudsman.

(f)     Representatives of the news media.

(2)       A prisoner determined to be indigent by department policy shall be loaned a reasonable amount of postage each month, not to exceed the equivalent of 10 first-class mail stamps for letters within the United States of 1 ounce or less. Additional postage shall be loaned to prisoners as necessary to post mail to courts, attorneys, and parties to a lawsuit that is required for pending litigation. The department shall provide air, certified, oversize, foreign, and overweight mail service for use at the prisoner’s individual expense only, except that the cost of certified mail will be loaned to a prisoner if the department is required to do so by a court order.

(3)       Subject to the limitations of this rule, a prisoner may receive printed, typed, or handwritten items that are transmitted through the United States postal service, interdepartmental mail, or a commercial delivery service. Books, magazines, and other publications shall be permitted only if sent directly to the prisoner from internet book vendors authorized by the department or from the publisher, or if ordered by the prisoner through the facility and sent directly to the prisoner from a vendor authorized by the department. Catalogs, except as specifically authorized by department policy, and used publications are prohibited.

(4)          All incoming mail shall be opened and inspected for contraband before delivery to the addressee. Contraband is defined as any property that a prisoner is not specifically authorized to possess by department policy. All incoming mail from another prisoner may be read.

(5)      A prisoner shall not be allowed to send or receive any item of mail that is or does any of the following:

(a)  Contravenes federal or state law.

(b)  Violates postal regulations.

(c)  Contains a criminal plan or conspiracy.

(d) Is threatening.

(e)  Is addressed to any party who expressly objects to receiving mail from a prisoner if the item is sent after the prisoner has been notified of the objection.

(f) Is a threat to the order and security of the facility or the rehabilitation of a prisoner.

(g)  Is for the purpose of operating a business enterprise.

(6)      A prisoner may send mail to, and receive mail from, another prisoner only as set forth in department policy.

(7)       The department may intercept, open, inspect, read, and refuse to transmit mail when there are reasonable grounds to believe the mail is being sent contrary to the provisions of this rule. This subrule shall not apply to clearly identified correspondence to any of the following entities, unless a specific written request is made by the entity:

(a)  Courts.

(b)  Attorneys.

(c)  Public officials.

(d)  The office of the legislative corrections ombudsman.

(e)  The department’s central office staff.

(f) Staff of the institution in which the prisoner is incarcerated.

(8)      When the department rejects mail pursuant to this rule, it shall send written notification of the rejection to the sender if the sender’s address is included on the mail. The sender may appeal the rejection to the warden.

 

 

(9)        A prisoner who is not allowed to send or receive an item of mail pursuant to this rule may appeal the determination by filing a grievance.