§ 791.258 Chapter short title
§ 791.258a Definitions
§ 791.258b Parole sanction certainty program; establishment; adoption of system of graduated sanctions; placement of offenders; determination; implementation of program; consultation with local law enforcement
§ 791.258c Common types of supervision violations; list of presumptive graduated sanctions; factors; process to review and approve or reject; confinement sanction
§ 791.258d Parole sanction certainty supervision; violation of condition
§ 791.258e Parole sanction certainty supervision; conditions; informing supervised individual during initial orientation; written agreement
§ 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;
§ 791.258g Use of confinement sanctions; review and report by department

Terms Used In Michigan Laws > Chapter 791 > Act 232 of 1953 > Chapter IIIB

  • Arrest: Taking physical custody of a person by lawful authority.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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
  • Controlled substance: means that term as defined under section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 791.258a
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nonconfinement sanction: means a violation sanction that does not result in imprisonment in the custody of the department or the county jail, including, but not limited to, any of the following:
  (i) Extension of the period of supervision with the time period provided by law. See Michigan Laws 791.258a
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Parole sanction certainty program: means the program created under this chapter that utilizes a set of established graduated sanctions to supervise eligible offenders that have been placed on parole sanction certainty supervision. 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
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 791.208a
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Validated risk and needs assessment: means a tool or tools adopted by the department that have been validated as to the effectiveness of the tool in determining a supervised individual's likely risk of reoffense, violent reoffense, or both, as well as the offender's criminogenic needs. See Michigan Laws 791.258a