Michigan Laws 791.258f – Parole sanction certainty supervision; violation of conditions; powers of department; notice of intended graduated sanction; issuance by supervising agent; failure of supervised individual to comply;
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 791.258f
- Confinement sanction: means a violation sanction resulting in confinement in a departmental facility or local county jail for not more than 60 days. See Michigan Laws 791.258a
- Graduated sanction: means any of a wide range of offender accountability measures and programs, including, but not limited to, electronic supervision tools, drug and alcohol testing and monitoring, day or evening reporting centers, community service or work crew, rehabilitative interventions such as substance abuse or mental health treatment, reporting requirements, residential treatment, counseling, confinement, and incarceration. See Michigan Laws 791.258a
- Parole sanction certainty supervision: means being placed on parole subject to conditions and sanctions as set forth in the parole sanction certainty program created under this chapter. See Michigan Laws 791.258a
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Supervised individual: means an individual who is placed on parole subject to parole sanction certainty supervision under this chapter. See Michigan Laws 791.258a
- Supervising agent: means the parole agent assigned to directly supervise an individual on parole sanction certainty supervision. See Michigan Laws 791.258a
(1) The department may do either of the following if an individual violates a condition of parole sanction certainty supervision:
(a) Modify the conditions of parole sanction certainty supervision for the limited purpose of imposing graduated sanctions.
(b) Place the individual in a state or local correctional or detention facility or residential center for a period specified in the list of presumptive graduated sanctions under section 58c(1) or as otherwise provided under section 58c(2) and (3). If an individual is to be placed in a local correctional or detention facility, he or she must only be placed in a facility that agrees to take the individual and with which the department has an existing reimbursement agreement.
(2) A supervising agent intending to modify the conditions of parole sanction certainty supervision by imposing a graduated sanction shall issue to the supervised individual a notice of the intended graduated sanction. The notice must inform the supervised individual of each violation alleged, the date of each violation, and the graduated sanction to be imposed.
(3) The imposition of a sanction must comport with the system of graduated sanctions adopted by the department under section 58b and 58c. The failure of the supervised individual to comply with a graduated sanction constitutes a violation of parole. Graduated sanctions specified and imposed are immediately effective.
(4) A graduated sanction that involves confinement in a correctional or detention facility is subject to section 58c(3). If the supervised individual is employed, the department shall, to the extent feasible, impose the confinement sanction for weekend days or other days or times when the supervised individual is not working.
(5) If an individual successfully completes conditions imposed under a graduated sanction, the department shall not revoke the assigned term of parole sanction certainty supervision or impose additional graduated sanctions for the same violation.
(6) If a supervising agent modifies the conditions of parole sanction certainty supervision by imposing a graduated sanction, the supervising agent shall do all of the following:
(a) Deliver a copy of the modified conditions to the supervised individual.
(b) File a copy of the modified conditions with the department.
(c) Note the date of delivery of the copy in the supervised individual’s file.