Mich. Admin. Code R. 791.4410 - Community status; classification and placement

Current through Vol. 22-05, April 1, 2022

Rule 410.

(1) The administrator of the office of field programs may classify a prisoner to community status under R 791.4401 only if the prisoner meets all of the following criteria:
(a) Has a classification of security level I that is not due to a waiver.
(b) Is not currently serving a sentence of imprisonment for prison escape.
(c) Is not currently serving a sentence of imprisonment for a crime specified by the provisions of MCL 769.2a.
(d) Has not been convicted of an offense specified in the Sex Offenders Registration Act, 1994 PA 295, MCL 28.721, even if convicted before the effective date of that act.
(e) If returned for violating a condition of parole, is within 8 months of the next parole action date.
(f) Is not designated as a very high assaultive risk.
(g) Does not have health care needs that would be significantly more expensive if provided in the community, as determined by the bureau of health care services, and has a physical and psychological condition consistent with the demands of the program.
(h) Has had satisfactory adjustment under department supervision, including while incarcerated, that indicates a willingness to conform to the rules of the program.
(i) Has no pending felony charges and is not subject to a felony detainer or to deportation proceedings.
(j) Agrees to drug testing as a prerequisite for placement on community status as required by the department.
(k) Has not been given a special designation by the department that permanently excludes placement on community status. These special designations are as follows:
(i) Unwarranted risk to the public, which is defined as any of the following:
(A) Predatory, compulsive, or assaultive sexual behavior in the background of the prisoner.
(B) A history of 2 or more incidents involving assaultive or violent behavior.
(C) A current conviction for a felony, the description of which indicates there was an act by any participant in the crime that resulted in the death of a victim.
(ii) Involved in organized crime, which is defined as participation in a continuing illegal business in which the prisoner acted in concert with others, occupied a position of management, or was an executor of violence.
(iii) Professional criminal, which is defined as involvement in an ongoing criminal activity as a major source of livelihood or having substantial resources or income where legitimate activity or employment is not capable of producing such resources or income.
(iv) Drug trafficker, which is defined as any of the following:
(A) A person with a current conviction, including probation, for an offense or conspiracy or attempt to commit an offense in violation of MCL 333.7101 et seq., the description of which indicates that any of the following were related to the offense through time, place, or circumstances:
(1) Seven grams or more of any substance that contains heroin or cocaine, or both.
(2) One pound or more of marijuana or hashish, or both.
(3) One hundred units, including pills, capsules or hits, or the equivalent of any other controlled substance.
(B) A person who local law enforcement officials confirm, on the basis of reliable evidence, is considered by them to be a significant trafficker in controlled substances in the community.
(C) A person with a current conviction, including probation, for delivery or possession, or conspiracy or attempt to deliver or possess, controlled substances beyond personal use and limited sale to support the prisoner's own addiction.
(l) Is not serving for any of the following violent or assaultive crimes, including attempt conspiracy or solicitation to commit the crime, or for a violation of MCL 750.227b with an underlying conviction for one of the following crimes:
(i) MCL 257.625(4) or (5) Person under the influence of intoxicating liquor or controlled substance; driving on highways or other areas; violations; causing death or injury to others.
(ii) MCL 333.5210 Knowledge of AIDS or HIV infection; sexual penetration.
(iii) MCL 750.72 Burning dwelling house.
(iv) MCL 750.81 Assault and assault and battery; domestic assault.
(v) MCL 750.81a Assault and infliction of serious injury.
(vi) MCL 750.81c Threats, assaults, and batteries against family independence agency employees.
(vii) MCL 750.82 Felonious assault.
(viii) MCL 750.83 Assault with intent to commit murder.
(ix) MCL 750.84 Assault with intent to do great bodily harm less than murder.
(x) MCL 750.86 Assault with intent to maim.
(xi) MCL 750.87 Assault with intent to commit felony not otherwise punished.
(xii) MCL 750.88 Assault with intent to rob and steal; unarmed.
(xiii) MCL 750.89 Assault with intent to rob and steal; armed.
(xiv) MCL 750.91 Attempt to murder.
(xv) MCL 750.110a Home invasion in the first degree.
(xvi) MCL 750.136b Child abuse.
(xvii) MCL 750.136a Torturing of children; penalty.
(xviii) MCL 750.157b Solicitation of murder.
(xix) MCL 750.197c Jail or place of confinement; assault of employee or custodian, or break and escape.
(xx) MCL 750.204 Sending explosives with intent to injure persons.
(xxi) MCL 750.205 Placing explosives with intent to destroy; no resulting damage.
(xxii) MCL 750.206 Placing explosives with intent to destroy; causing damage to property.
(xxiii) MCL 750.207 Placing explosives with intent to destroy; causing injury to any person.
(xxiv) MCL 750.208 Placing explosives; aiding and abetting with intent to destroy.
(xxv) MCL 750.209 Placing offensive or injurious substance or compound by real or personal property with intent to cause physical injury.
(xxvi) MCL 750.209a Possession of explosive substance or device in public with intent to terrorize, frighten, intimidate, etc.
(xxvii) MCL 750.210 Possession of bombs with intent to use unlawfully.
(xxviii) MCL 750.211 Explosives; manufacture with intent to use unlawfully.
(xxix) MCL 750.211a Device designed to explode upon impact, upon application of heat, or device highly incendiary; possession with intent to use unlawfully; evidence.
(xxx) MCL 750.213 Malicious threats to extort money.
(xxxi) MCL 750.234a Intentional discharge of firearm from motor vehicle, snowmobile or off-road vehicle.
(xxxii) MCL 750.234b Intentional discharge of firearm at dwelling or occupied structure.
(xxxiii) MCL 750.234c Intentional discharge of firearm at emergency or law enforcement vehicle.
(xxxiv) MCL 750.316 First degree murder.
(xxxv) MCL 750.317 Second degree murder.
(xxxvi) MCL 750.321 Manslaughter.
(xxxvii) MCL 750.324 Negligent homicide.
(xxxviii) MCL 750.325 Negligent homicide; manslaughter where due to operation of motor vehicle.
(xxxix) MCL 750.327 Death due to explosives.
(xl) MCL 750.328 Death due to explosives; placed with intent to destroy building or object.
(xli) MCL 750.329 Death; firearm pointed intentionally but without malice.
(xlii) MCL 750.349 Kidnapping.
(xliii) MCL 750.349a Prisoner taking another as a hostage.
(xliv) MCL 750.350 Kidnapping; child under 14.
(xlv) MCL 750.377b Malicious destruction of property; property of police or fire department.
(xlvi) MCL 750.397 Mayhem.
(xlvii) MCL 750.411h Stalking.
(xlviii) MCL 750.411i Aggravated stalking.
(xlix) MCL 750.479 Resisting or obstructing officer in discharge of duty where there is physical harm or threat of physical harm.
(l) MCL 750.479a Failure to obey police or conservation officers' directions to stop vehicle, assault, where there is physical harm or threat of physical harm.
(li) MCL 750.506a Assaults while lawfully imprisoned or detained.
(lii) MCL 750.517 Entering train for robbing by means of intimidation.
(liii) MCL 750.529 Armed robbery; aggravated assault.
(liv) MCL 529a Carjacking
(lv) MCL 750.530 Unarmed robbery.
(lvi) MCL 750.531 Bank, safe, and vault robbery where there is physical harm or the threat of harm to others.
(lvii) MCL 752.191 Felonious driving.
(lviii) MCL 752.541 Riot.
(lix) MCL 752.542 Incitement to riot.
(lx) MCL 752.542a Rioting; state correctional facilities.
(lxi) MCL 750.543a et seq. Michigan anti-terrorism act.
(lxii) MCL 752.861 Careless, reckless, or negligent use of firearms.
(lxiii) Any other crime created by a state law enacted after the effective date of this rule that is determined by the director to be violent or assaultive.
(2) Prisoners who are classified to community status under R 791.4401 may be placed in the community under the following time schedule:
(a) If serving a sentence for an offense subject to disciplinary time, only after serving the minimum sentence imposed by the court for that offense.
(b) If serving for an offense not subject to disciplinary time, not earlier than 1 year before the earliest release date, subject to either of the following:
(i) If sentenced as an habitual offender for a crime not identified in subrule (1)(l) of this rule or serving only a sentence under MCL 750.227b with an underlying conviction for a crime not identified in subrule (1)(l) of this rule, not earlier than 8 months before the earliest release date.
(ii) If convicted of a felony committed while under the jurisdiction of the department, not earlier than 2 years after the date of sentence for that offense.
(3) For purposes of this rule, the earliest release date is defined as follows:
(a) For those prisoners who are eligible for good time or disciplinary credits, including those sentenced as habitual offenders for a crime not identified in subrule (1)(l) of this rule for whom the parole board has received permission to parole on the minimum sentence minus applicable credits, the date is the minimum sentence minus all regular credit and special credit.
(b) For those prisoners who are sentenced as habitual offenders for a crime not identified in subrule (1)(l) of this rule for whom the parole board has not received permission to parole on the minimum sentence minus applicable credits, the date is the minimum sentence imposed by the court, without reduction by disciplinary credits or good time.
(c) For prisoners who are serving a life sentence, the date shall be the parole date, as set by the parole board.
(4) If more than 1 of the criteria in this rule apply, the more restrictive criterion is controlling.
(5) A prisoner who has been given a special designation under subrule (1)(k) of this rule may request a formal hearing, conducted under R 791.3315 by the department's hearings division, to determine if that designation is proper. The hearing shall be held within 90 days after receipt of a request for a hearing by the office of field programs.
(6) A prisoner may be reclassified from community status under R 791.4401.
(7) Nothing in this rule creates an enforceable right of a prisoner to be classified to or remain on community status.

Notes

Mich. Admin. Code R. 791.4410
1979 AC; 1987 AACS; 1993 AACS; 2003 AACS

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