11 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2002-011 DEPARTMENT OF CORRECTIONS

GENERAL RULES

 

Filed with the Secretary of State on

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791.6603 of the Michigan Administrative Code are amended and R 791.5505 and R 791.5510 of the Code are rescinded as follows: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 camp, CORRECTIONS center, TECHNICAL RULE VIOLATION CENTER, SPECIAL ALTERNATIVE INCARCERATION PROGRAM FACILITY, AN training unit, 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. bureau of correctional facilities. Camps are collectively considered to be 1 institution.

(e)    “Offender” means a PRISONER, PAROLEE, OR PROBATIONER person who is committed to the jurisdiction of the department.

(f)     “Ombudsman” or “corrections ombudsman” means the OFFICE OF THE legislative corrections ombudsman created by Act No. 46 of the Public Acts of 1975, as amended, being § MCL 4.351 et seq. of the Michigan Compiled Laws.

(g)  “Resident” or “prisoner” means A PRISONER WHO IS COMMITTED TO THE JURISDICTION OF THE DEPARTMENT. an offender who is assigned to a department facility, community corrections center, or community residential home,

 

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. In addition, The department may assign other employees to act as hearing officers to conduct administrative hearings regarding PRISONERS corrections clients, except that the hearings division shall be responsible for all administrative hearings on the following matters:

(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 community 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)       Ensure 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 prescribed disciplinary sanctions, pursuant to R 791.55051, if the prisoner is found guilty of major or minor misconduct.

 

R 791.3310 Fact-finding hearing; notice; rights of prisoner; report; waiver.

Rule 310. (1) Sufficiently before a fact-finding hearing to allow preparation of a response, a A prisoner shall receive SUFFICIENT written notice of the purpose of the 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 has the following rights 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 institution FACILITY or the safety of an individual.

(3)  The hearing officer shall make a summary report of the hearing and decision or recommendation.

(4)  A prisoner, before a designated staff person, may waive the right to a fact-finding hearing. If waiver is made before the officer who reported a WAIVERS FOR minor misconduct, HEARINGS summary sanctions under the provisions of ARE SUBJECT TO R 791.55015(4) may be imposed.

 

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

Rule  320.  (12)  A  PRISONER  MAY  APPEAL  A  DETERMINATION  MADE  AT  A  HEARING

CONDUCTED PURSUANT TO R 791.3310 FOR Minor minor misconduct hearing decisions may be appealed by prisoners to the officials AS designated SET FORTH in department policies and procedures. (3) Oral notice of intent to appeal in minor misconduct cases 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. At the request of the prisoner or the institution, or on his or her own motion, the THE hearings administrator may order a rehearing ON HIS OR HER OWN MOTION AT ANY TIME. in a case involving any of the following:

(a)Major misconduct.

(b)Placement in segregation.

(c)            Special designations affecting placement in community programs. (d) Permanent visitor restrictions.

(e) High or very high assaultive or high property risk classifications.

(31) A PRISONER MAY APPEAL All A determinations MADE in ANY OTHER administrative hearing may be appealed through the BY FILING A grievance. procedure of R 791.3325, except hearings conducted by the hearings division.

(45) 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 institution 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.

(23) After examination of all relevant information, a prisoner shall be assigned TO 1 of the following. categories of security classification that is the least restrictive level of custody consistent with the requirements of subrule

(1)      of this rule:

(a)  Segregation, subject to the provisions of R 791.4405.

(b)  Level VI.

(c)  Level V.

(d) Level IV.

(e)  Level III.

(f) Level II.

(g)  Level I.

(h) Community status., with the concurrence of the head of the office of residential and electronic programs and subject to the provisions of R 791.4410 and R 791.4425.

(32) 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 who also 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; furlough; purposes; criteria; time limits; costs.

Rule 415. (1) Except for authorized medical care or pursuant to court order, a 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 only under the following conditions FOR THE FOLLOWING REASONS AND ONLY WITH THE PRIOR APPROVAL OF THE WARDEN OR DESIGNEE:

(a)    Prisoners classified to security levels I, II, and III and IV who do not qualify for a furlough from a correctional facility, under the standards set forth by the deputy director for correctional facilities, may be allowed toTO visit an immediate family member, AS DEFINED IN DEPARTMENT POLICY, who is critically ill or to attend the family visitation or funeral of an immediate family member upon approval of a warden or designee and if in the custody of correctional officers.

(b)  TO ATTEND THE FAMILY VISITATION OR PRIVATE FUNERAL OF AN IMMEDIATE FAMILY MEMBER, AS DEFINED IN DEPARTMENT POLICY. The following prisoners are not eligible for a funeral or sick bed visit:

(i)A prisoner who has a classification of security level VI.

(ii)A prisoner who has a classification of security level V that is not due to a waiver, whether or not she or he is housed in a level V institution.

(iii)         A prisoner who is housed in segregation at a level V or level VI institution.

(iv)         A prisoner who is housed in segregation at other than a level V or level VI institution if that prisoner has a classification of security level V that is not due to a waiver.

(d)           To participate in a work release program subject to the provisions of R 791.4420, or to participate in a public works project.

(e)If eligible for a furlough.

(2)  To be eligible for a furlough, a prisoner shall be housed in a level I institution and shall meet all of the following requirements:

(a)  Have an approved community status application.

(b)  Be classified to a level I custody level that is not due to a waiver.

(c)  Have a behavioral record that demonstrates a probability that the prisoner will honor the trust implicit in a furlough release.

 

 

(d) Agree to follow the conditions specified on the furlough permit.

(e)  Have demonstrated good adjustment by not incurring major or minor misconducts for the previous 90 days while housed in a level I institution.

(f) Have demonstrated good adjustment when released on previous furloughs.

(g)  Not have any new felony convictions for crimes committed while on previous furloughs or while residing in a community corrections center or community residential home.

(h)  Be within 12 months of the earliest release date, as defined in R 791.4410, except if the prisoner is serving for an assaultive offense designated in R 791.4410, in which case a prisoner shall be within 180 days of the earliest release date.

(3)  A furlough may be authorized only for any of the following reasons :(a) A visit to a critically ill immediate family member.

(b) Attendance at the family visitation or funeral of an immediate family member. (c) Contacting prospective employers.

(d) Obtaining medical services that are not otherwise available, with the approval of the facility head.

(4)  A prisoner who is released for a furlough that is granted pursuant to the provisions of subrule (3)(a), (b), or (c) of this rule shall be escorted by an adult member of the prisoner’s immediate family.

(5)  The eligibility criteria of R 791.4410(1) may be waived if a prisoner is released for a furlough pursuant to the provisions of subrule (3)(d) of this rule, if the prisoner qualifies for level I security status, or if the prisoner is so incapacitated by infirmity as to be deemed harmless to society. Reasonable security measures shall be provided after medical recovery of prisoners.

(6)  A prisoner who returns from furlough shall submit to drug testing.

(47) The maximum amount of time a A prisoner SHALL NOT BE APPROVED FOR is eligible for furlough FUNERAL AND SICK BED VISITS shall not be more than THAT EXCEED a cumulative total of 30 days during the prisoner’s current incarceration., except that the 30 day limit does not apply to medical furloughs.(8) Each FUNERAL OR SICK BED VISIT furlough that is granted shall be considered to be 1 day, regardless of the actual length of time. A furlough 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 under the

following circumstances:(a) Medical furloughs.(b)FOR If a prisoner must REQUIRED TO travel more than 500 miles round trip, a furlough may be up to 24 hours in duration if approved by the deputy director for correctional facilities. FUNERAL AND SICK BED VISITS OUTSIDE THE STATE OF MICHIGAN SHALL NOT BE APPROVED.

(59) 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 that are incurred for any furlough THE VISIT, INCLUDING ALL CUSTODIAL COSTS, shall be borne by the prisoner or the prisoner’s family. , except for health care services that are provided at the request of the department.

(610) For the purpose of this rule, “immediate family” means any of the following entities: (a) Grandparents.

(b) Parents. (c) A Spouse. (d) Children.

(e) Stepchildren. (f) Siblings.

(g) Aunts/and uncles if verification is provided that they served as surrogate parents.

 

 

 

PART 5. PRISONER MISCONDUCT

 

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

Rule 501. (1) An alleged violation of prisoner DEPARTMENT rules shall be classified as major misconduct or minor misconduct on the basis of the seriousness of the act and the DISCIPLINARY punitive 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)     Unless delayed for reasonable cause, a A prisoner charged with major misconduct SHALL BE PROVIDED has a right to a formal hearing as provided in CONDUCTED IN ACCORDANCE WITH R 791.3315. within the following time limits: (6) A prisoner charged with minor misconduct has a right SHALL BE PROVIDED to a fact- finding hearing as provided in CONDUCTED IN ACCORDANCE WITH R 791.3310. Upon a finding of guilt OF MAJOR OR MINOR MISCONDUCT, the prisoner shall be subject to the punitive DISCIPLINARY sanctions provided in R 791.5505(4) ORDERED BY THE HEARING OFFICER.

(a)   If the prisoner is confined to segregation or placed on toplock as a result of the major misconduct charge, a hearing shall be held within 7 business days of placement in confinement unless the prisoner is released from confinement before that time period expires.

(b)       If the prisoner is in general population pending a hearing, or is transferred to a higher level of security, to a local jail facility, or to one of the department’s reception centers as a result of a major misconduct charge, a hearing shall be held within 14 business days of that transfer or receipt of written notice of the charge, whichever occurs first.

(3)           These time limits apply unless there is reasonable cause for delay as determined by the hearing officer and set forth in the written decision prepared pursuant to R 791.3315. A delay shall be determined to be reasonable unless it is due to staff negligence or misconduct, except that excessive work load shall not be reasonable cause for delay unless it is due to unusual circumstances, for example, an institutional disturbance, a mobilization, or severe weather.

(4)           Notwithstanding the time limits set forth in subrule (2) of this rule, the warden shall ensure that a prisoner is not confined to segregation or placed on toplock without a hearing for more than 4 business days.

(5)           Upon a finding of guilt, a prisoner shall be subject to the punitive sanctions provided in R 791.5505(1) and (2).

(3)  A PRISONER MAY PLEAD GUILTY TO A MINOR OR MAJOR 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 PURSUANT TO THIS RULE, 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.

(75) 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 departmental 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 Mail rights; writing materials and postage; Incoming AND OUTGOING mail REQUIREMENTS; inspection; limitations; legal correspondence; notice of rejection; violations of rules 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 full FIRST AND LAST name, prison AND IDENTIFICATION number and institutional THE FACILITY’S name and address. Any outgoing mail that does not contain at least the prisoner’s NAME AND IDENTIFICATION prison number will 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 entities:

(a)  Attorneys.

(b)  Courts.

(c)  Public officials.

(e)  The OFFICE OF THE legislative corrections ombudsman.

(f) Representatives of the news media., being persons who are primarily employed to gather or report news for any of the following:

(i)A newspaper of general circulation in the community in which it publishes.

(ii)           A magazine of statewide or national circulation that is sold at newsstands or by mail to the general public. (iii) A radio or television station that is licensed by the federal communications commission.

(f) The warden of the institution in which the prisoner is segregated.

(2)  A prisoner shall be provided, at no individual expense, with a reasonable quantity of writing materials and, if indigent, as determined TO BE INDIGENT by DEPARTMENT policy established by the director, SHALL BE LOANED with a reasonable amount of free 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, registered, 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. A prisoner shall not be allowed to receive stamps through the mail. All stamps shall be purchased through the prisoner store.

 

 

authorized by the institution, or multiple copies of the same item. Subject to the limitations of this rule, a prisoner may receive any book, periodical BOOKS, MAGAZINES, or and other publicationS SHALL BE PERMITTED ONLY IF SENT DIRECTLY TO THE PRISONER 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. if it is sent directly from a publisher or retail outlet that is authorized by the institution head. A prisoner shall not receive CATALOGS, EXCEPT AS SPECIFICALLY AUTHORIZED BY DEPARTMENT POLICY, AND used books or other

used publications ARE PROHIBITED.

(43) All incoming mail shall be opened and inspected for money and contraband before delivery to the addressee. CONTRABAND IS DEFINED AS ANY PROPERTY THAT A PRISONER IS NOT SPECIFICALLY AUTHORIZED TO POSSESS BY DEPARTMENT POLICY. The department shall follow the guidelines of the auditor general for the receiving and safe handling of money  and  valuables confiscated from incoming mail. Pursuant to a specific written request by a prisoner, mail that is clearly identified as coming from the prisoner’s attorney, the legislative corrections ombudsman, or a state or federal court shall be opened and inspected for contraband in the prisoner’s presence. ALL incoming mail from ANother correctional facilities 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 contraband, which is defined as any property that a prisoner is not specifically authorized to possess.

(Cd) Contains a criminal plan or conspiracy. (De) Is threatening.

(6)(h) A PRISONER MAY SEND MAIL TO, AND RECEIVE MAIL FROM, ANOTHER PRISONER

ONLY AS SET FORTH IN DEPARTMENT POLICY. Is from another prisoner, except when the prisoners are immediate family members,, or are seeking or giving legal assistance as approved by the department. For the purposes of this subdivision, an immediate family member means any of the following entities:

(i) Grandparents. (ii) Parents.

(iii) A Spouse. (iv) Children.

(v) Step-children. (vi) Siblings.

(vii) Aunts/ and uncles if verification is provided that they SHE/HE served as A surrogate parents.

(76) 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)  Members of The department’s central office staff.

(f) The warden STAFF of the institution in which the prisoner is incarcerated.

(8) When the department rejects mail an item, pursuant to the provisions of this rule, that has been mailed to a prisoner in one of its facilities, it shall send written notification of the rejection to the sender if the sender’s address is included on the correspondence mail. The sender may appeal the rejection to the warden.

(97) A prisoner who is not allowed to send or receive an item of mail that is determined to be in violation of the provisions of PURSUANT TO this rule may appeal to the warden THE DETERMINATION BY FILING A GRIEVANCE.