Mich. Admin. Code R. 791.7715

Current through Vol. 24-18, October 15, 2024

Section R. 791.7715 - Factors considered in granting or denying parole; psychological or psychiatric evaluations

Rule 715.

(1) Except as provided in section 34a of Act No. 232 of the Public Acts of 1953, as amended, being S791.234a of the Michigan Compiled Laws, a prisoner shall not be released on parole until the parole board has considered all relevant facts and circumstances, including the prisoner's probability of parole as determined by the parole guidelines set forth in R 791.7716 and any crime victim's statement provided under section 21 of Act No. 87 of the Public Acts of 1985, as amended, being S780.771 of the Michigan Compiled Laws.

(2) The parole board may consider all of the following factors in determining whether parole is in the best interests of society and public safety:

(a) The prisoner's criminal behavior, including all of the following:

(i) The nature and seriousness of the offenses for which the prisoner is currently serving.

(ii) The number and frequency of prior criminal convictions.

(iii) Pending criminal charges.

(iv) Potential for committing further assaultive or property crimes.

(v) Age as it is significant to the likelihood of further criminal behavior.

(b) Institutional adjustment, as reflected by the following:

(i) Performance at work or on school assignments.

(ii) Findings of guilt on major misconduct charges and periods of confinement in administrative segregation.

(iii) Completion of recommended programs.

(iv) Relationships with staff and other prisoners.

(v) Forfeitures or restorations of good time or disciplinary credits.

(c) Readiness for release as shown by the following:

(i) Acquisition of a vocational skill or educational degree that will assist in obtaining employment in the community.

(ii) Job performance in the institution or on work-pass.

(iii) Development of a suitable and realistic parole plan.

(d) The prisoner's personal history and growth, including the following:

(i) Demonstrated willingness to accept responsibility for past behavior.

(ii) Employment history before incarceration.

(iii) Family or community ties.

(e) The prisoner's physical and mental health, specifically any hospitalizations or treatment for mental illness and any irreversible physical or mental condition which would reduce the likelihood that he or she would be able to commit further criminal acts.

(3) The parole board may consider the prisoner's marital history and prior arrests that did not result in conviction or adjudication of delinquency, but shall not base a denial of parole solely on either of these factors.

(4) The parole board shall not consider any of the following in making a parole release decision:

(a) A juvenile record that a court has ordered the department to expunge.

(b) Information that is determined by the parole board to be inaccurate or irrelevant after a challenge and presentation of relevant evidence by a prisoner who has received a notice of intent to conduct an interview as provided in R 791.7701. This subrule applies only to presentence investigation reports prepared before April 1, 1983.

(5) A prisoner being considered for parole shall receive psychological or psychiatric evaluation before the release decision is made if the prisoner has a history of any of the following:

(a) Hospitalization for mental illness within the past 2 years.

(b) Predatory or assaultive sexual offenses.

(c) Serious or persistent assaultiveness within the institution.

Mich. Admin. Code R. 791.7715

1979 AC; 1988 AACS; 1996 AACS