Opinion
362262
11-18-2022
LC No. 21-014726-AP
Christopher M. Murray Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
The motion for reconsideration is GRANTED. This Court's order dated October 14, 2022 is hereby VACATED, and replaced with the following order:
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the circuit court's June 29, 2022 order reversing the decision of the Parole Board is VACATED, and the matter REMANDED to the Parole Board for further proceedings. At the time the Parole Board decided to grant parole, Mr. Karson's parole guidelines were scored at +5, which corresponds to a high probability of parole. See In re Parole of Haeger, 294 Mich.App. 549, 560-561 and n 8; 813 N.W.2d 313 (2011). Pursuant to MCL 791.233e(6), as amended by 1992 PA 181, the Parole Board could not deny parole without "substantial and compelling objective reasons stated in writing." However, after the decision to grant parole was appealed, a scoring error was discovered; Mr. Karson's parole guidelines score was actually +2, which corresponds to an average probability of parole. See In re Parole of Haeger, 294 Mich.App. at 560-561 and n 8. The Parole Board was presented with that correction, and asked whether this new information affected its decision. The Parole Board's response was to let the action stand, with the explanation, "new information does not change previous decision." Given that the scoring change affects the entire framework for determining whether to grant parole, that explanation is not sufficient. We thus remand the matter to the Parole Board, which shall provide an explanation regarding why, in light of the correction of Mr. Karson's parole guidelines, granting parole is still justified. This explanation must provide sufficient detail to facilitate review by the circuit court and, if necessary, this Court. See In re Glover, 460 Mich. 511, 524-525 and n 20; 596 N.W.2d 598 (1999).
This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.