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ORR # 2002-011 DEPARTMENT OF CORRECTIONS
GENERAL RULES
The Michigan Department of Corrections will hold a public hearing on proposed administrative rules in the Auditorium on the First Floor of the G. Mennen Williams Building, 525 West Ottawa, Lansing, Michigan on August 6, 2002 at 10:00 a.m. This hearing is being conducted pursuant to the Administrative Procedures Act, under authority conferred on the Director of the Department of Corrections by MCL 791.206. The rules will take effect seven days after filing with the Secretary of State.
The following administrative rules are the subject of the public hearing:
R 791.1101 Definitions. The definitions of “facility”, “institution”, “offender” and “resident” are revised. R 791.3301 Hearing officers; designations; powers. Rule references within the rule are being revised.
R 791.3310 Fact-finding hearing; notice; report; waiver. Rule references within the rule are being revised.
R 791.3320 Appeals; notice; sanctions stayed; basis of review; permissible dispositions on appeal; finality. Rule references within the rule are being revised.
R 791.4401 Security classification; criteria; security classification committee; levels of custody; additional criteria for certain classifications; grievance. Rule references within the rule are being revised.
R 791.4415 Extensions of limits of prisoner’s confinement; purposes; criteria; time limits; costs. The criteria for extending the limits of confinement are being revised.
R 791.5501 Major misconduct; minor misconduct; hearing; confiscation and disposition of contraband. The rule is being revised to allow the Director to determine the time limits for conducting misconduct hearings and the range of available sanctions if found guilty. It also will allow for a prisoner to waive a hearing for major misconduct.
R 791.5505 Sanctions for major and minor misconduct; guilty plea; waiver. The rule is being rescinded due to revisions made to R 791.5501.
R 791.5510 Punitive segregation; regulations and procedures; limitations; daily inspection; record. The rule is being rescinded because there is no statutory requirement that a rule be promulgated regarding this subject and thus can be addressed by Department policy.
R 791.6603 Incoming and outgoing mail requirements; inspection; limitations; legal correspondence; notice of rejection; appeals. The rule is being revised to incorporate Emergency Rules 1 and 2, and to permit prisoners to receive publications only if purchased by the prisoner through the facility. Requirements that can be addressed by Department policy are deleted.
Interested persons may appear at the hearing to present data, views and arguments relative to the proposed rules. (Picture identification is required to enter the building.) If you are in need of reasonable accommodation tp participate in the hearing, please contact the Office of Policy and Hearings at (517) 373-0450. Persons unable to attend may submit comments in writing to the Office of Policy and Hearings, Department of Corrections, P. O. Box 30003, Lansing, Michigan, 48909. The deadline for comments is August 27, 2002.
Copies of the proposed rules are available at www.michigan.gov/orr. Copies also are available from the Department of Corrections at the address indicated above. A copy of the proposed rules also will be available to prisoners in the libraries at all correctional institutions or in other areas designated by the Warden where no library exists
