2006 Michigan Compiled Laws - Mich. Comp. Laws § 791.206 Rules generally.
Act 232 of 1953 ***** 791.206 THIS SECTION IS AMENDED EFFECTIVE AUGUST 28, 2006: See 791.206.amended ***** 791.206 Rules generally. Sec. 6. (1) The director may promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, which may provide for all of the following: (a) The control, management, and operation of the general affairs of the department. (b) Supervision and control of probationers and probation officers throughout this state. (c) The manner in which applications for pardon, reprieve, medical commutation, or commutation shall be made to the governor; the procedures for handling applications and recommendations by the parole board; the manner in which paroles shall be considered, the criteria to be used to reach release decisions, the procedures for medical and special paroles, and the duties of the parole board in those matters; interviews on paroles and for the notice of intent to conduct an interview; the entering of appropriate orders granting or denying paroles; the supervision and control of paroled prisoners; and the revocation of parole. (d) The management and control of state penal institutions, correctional farms, probation recovery camps, and programs for the care and supervision of youthful trainees separate and apart from persons convicted of crimes within the jurisdiction of the department. Except as provided for in section 62(3), this subdivision shall not apply to detention facilities operated by local units of government used to detain persons less than 72 hours. The rules may permit the use of portions of penal institutions in which persons convicted of crimes are detained. The rules shall provide that decisions as to the removal of a youth from the youthful trainee facility or the release of a youth from the supervision of the department shall be made by the department and shall assign responsibility for those decisions to a committee. (e) The management and control of prison labor and industry. (2) The director may promulgate rules providing for a parole board structure consisting of 3-member panels. (3) The director may promulgate further rules with respect to the affairs of the department as the director considers necessary or expedient for the proper administration of this act. The director may modify, amend, supplement, or rescind a rule. (4) The director and the corrections commission shall not promulgate a rule or adopt a guideline that does either of the following: (a) Prohibits a probation officer or parole officer from carrying a firearm while on duty. (b) Allows a prisoner to have his or her name changed. If the Michigan supreme court rules that subsection 4(b) is violative of constitutional provisions under the first and fourteenth amendments to the United States constitution and article I, sections 2 and 4 of the Michigan constitution of 1963, the remaining provisions of the code shall remain in effect. (5) If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the department shall not promulgate rules under this section.
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