Mich. Admin. Code R. 791.4420 - Community status; work release; conditions

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

Rule 420.

(1) A prisoner is eligible for consideration for work release for paid employment in the community when all of the following conditions have been met:
(a) The prisoner is classified to security level I and housed in a camp.
(b) The prisoner has demonstrated good institutional and community adjustment and a willingness to honor the trust implicit in the program, which means that both of the following provisions have been satisfied:
(i) There has been a willingness to accept supervision as demonstrated by the absence of repeated major misconduct violations or by lack of a violation of parole while serving the current sentence.
(ii) The prisoner has not escaped or attempted escape in the past, including escape from community status.
(c) The prisoner's physical and psychological condition is consistent with the demands of the program.
(d) The prisoner is not currently serving a sentence for, and does not have a history of, a sexual crime or any offense that involved a sexual crime.
(e) The prisoner is not serving a sentence of life imprisonment.
(f) The prisoner is not designated as a high or very high assaultive risk and is not a potentially high or very high assaultive risk.
(g) The prisoner has not been found guilty of a bondable major misconduct within 90 days, or of a nonbondable major misconduct within 2 years, of the date of application for the program. Bondable and nonbondable major misconducts shall be defined by the director pursuant to the provisions of R 791.5501(1).
(h) The prisoner has not been found guilty of a major misconduct that occurred while on a public works or work pass assignment, unless placement is approved by the deputy director for correctional facilities or his or her designee.
(i) The prisoner has not been convicted of a felony or misdemeanor that occurred while on a work pass or public works assignment.
(j) The prisoner has successfully completed a minimum of 30 days in a public works assignment immediately preceding the date of application for the program and, except in hardship cases as determined by the warden, shall have completed reception center recommendations for adult basic education.
(k) The prisoner does not have a pending felony charge or felony or immigration detainer.
(l) The prisoner has not been denied placement in community status pursuant to the provisions of R 791.4410 during the sentence that the prisoner is currently serving.
(m) The prisoner is within 180 days of the earliest release date, as defined in R 791.4410, if previously convicted of, or currently serving for, an assaultive crime or attempt or conspiracy to commit an assaultive crime as identified in R 791.4410 or for an offense connected with an assaultive offense if described as such in the presentence investigation report. If the prisoner is currently serving a sentence for such an assaultive offense and was previously convicted of an assaultive offense, the prisoner is not eligible for work release.
(n) If serving for a nonassaultive crime, the prisoner shall be within 3 years of the earliest release date.
(o) If serving only a sentence pursuant to the provisions of section 227b of Act No. 328 of the Public Acts of 1931, as amended, being S750.227b of the Michigan Compiled Laws, the prisoner shall be within 6 months of the completion of the sentence.
(p) The prisoner shall not be sentenced as a habitual offender pursuant to the provisions of section 10, 11, or 12 of Act No. 175 of the Public Acts of 1927, as amended, being SS769.10, 769.11, or 769.12 of the Michigan Compiled Laws.
(q) There is no documented objection from a public official to placement in a community setting and no unusual notoriety surrounding the current offense.
(2) A prisoner's placement in the program may be delayed or denied by the warden after a review of the prisoner's overall institutional adjustment and criminal history. A prisoner whose placement in the program is denied or delayed pursuant to the provisions of this subrule shall be given the reason for the denial or delay and the date when she or he may reapply for reconsideration in the program.
(3) The warden shall designate personnel for screening, selecting, and processing work release applications.
(4) Work release employment shall not result in the displacement of employed persons in the community. The pay scale shall meet minimum wage requirements and prevailing wages for similar work in the community. The place of employment shall provide proof of worker's compensation coverage and shall meet prevailing safety standards. The department shall maintain liaison with the employer and the appropriate Michigan employment security commission office.
(5) The wages of a prisoner who is engaged in paid employment in the community shall be collected by the work camp and disbursed as set forth in section 65c(7) of Act No. 232 of the Public Acts of 1953, as amended, being S791.265c(7) of the Michigan Compiled Laws. In addition, a prisoner who has dependents for whom there is a court order for support shall have an amount deducted to satisfy that order.

Notes

Mich. Admin. Code R. 791.4420
1979 AC.; 1987 AACS; 1993 AACS

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