Mich. Admin. Code R. 791.6639 - Prisoner accounts; accumulation and use of funds; institutional medium of exchange; solicitation of funds; controls of spending; illegal funds; negative balance; authorized withdrawals; return of balance

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

Rule 639.

(1) The department shall allow each prisoner to have an institutional account in which he or she may accumulate funds without limit, subject to regulation as to the authorized sources of funds.
(2) Unless the funds are designated by the source for the specific purpose of release planning or payment for medical or educational expenses, or are subject to court-ordered child support or other court-ordered payments, the funds may be used by the prisoner for any of the following purposes:
(a) Transfer to family members.
(b) Payment of business expenses, as approved by the facility head or designee.
(c) Payment of legal fees or costs that are associated with filing or pursuing litigation.
(d) The purchase of United States savings bonds in the prisoner's name only.
(e) Payment for services or merchandise, as approved by the facility head or designee.
(3) The solicitation of funds from other prisoners or members of the public by a prisoner or an organization that is exclusively or primarily comprised of prisoner members is prohibited, except that prisoner organizations may be authorized by the deputy director for correctional facilities to conduct fund-raising activities in security level I through V facilities, subject to regulation by the department.
(4) Funds from legitimate, identified outside sources may be placed in a prisoner's account, but visitors to an institution shall not be permitted to purchase the institutional medium of exchange. Unless approved by the warden, other prisoners, parolees, probationers, and their families shall not be considered legitimate sources of funds. The institution may require that funds sent through the mail be in the form of a certified check or money order only.
(5) Controls may be imposed on a prisoner's spending if it is established at a hearing, pursuant to the provisions of R 791.3310, that the prisoner is involved in any of the following situations:
(a) Is incurring heavy indebtedness to other prisoners.
(b) Is a victim of extortion by other prisoners.
(c) Is using the institutional medium of exchange or store purchases to exploit or corrupt other prisoners.
(d) Is setting up his or her own store.
(e) Is stockpiling store merchandise in his or her cell.
(6) Possession of money or the institutional medium of exchange in violation of these rules constitutes possession of illegal funds. A prisoner who is alleged to be in possession of illegal funds shall be subject to disciplinary action. In addition to the sanctions authorized by the provisions of R 791.5505, a prisoner who is found guilty of such misconduct shall have the illegal funds confiscated and placed in the prisoner benefit fund.
(7) When a prisoner's account has a negative balance, collections on department debts shall be limited to half of the prisoner's subsequent funds, unless the prisoner consents, in writing, to a larger assessment.
(8) Funds shall not be taken from a prisoner's account, except under any of the following circumstances:
(a) At the prisoner's request.
(b) Pursuant to an order of a court.
(c) Pursuant to a state or federal tax levy.
(d) As a sanction for restitution pursuant to the provisions of R 791.5505.
(e) Justification for taking funds from a prisoner's account has been established, at a fact-finding hearing conducted pursuant to the provisions of R 791.3310, except if the prisoner has been charged with, or heard on, a major misconduct violation for the same behavior, then funds can only be taken pursuant to subrule (8)(d) of this rule.
(9) A prisoner who is released from sentence shall receive the balance of his or her account.

Notes

Mich. Admin. Code R. 791.6639
1979 AC.; 1987 AACS; 1987 AACS; 1993 AACS

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