Michigan Administrative Code
Department - Corrections
Executive Bureau
Community Status; Eligibility Criteria
Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE
Section R. 791.7740 - Preliminary parole revocation hearing; time; substitution of preliminary examination

Universal Citation: MI Admin Code R. 791.7740

Current through Vol. 24-16, September 15, 2024

Rule 740.

(1) As set forth in section 39a of Act No. 232 of the Public Acts of 1953, as amended, being S791.239a of the Michigan Compiled Laws, a parolee is entitled to a preliminary hearing within 10 days after his or her arrest for an alleged violation of parole or a fact finding hearing held pursuant to section 40a of Act No. 232 of the Public Acts of 1953, as amended, being S791.240a of the Michigan Compiled Laws. For purposes of this subrule, "arrest" means either of the following:

(a) The placement of a parolee in custody solely for a parole violation.

(b) The retention in custody of a parolee who has been held on a criminal charge and who has posted bond on that charge and is now held solely as a parole violator.

(2) If a parolee is being held on a criminal charge which is also the basis for an alleged parole violation, the preliminary examination on the criminal charge may be substituted for the preliminary parole revocation hearing. If the parolee is bound over on the criminal charge, it shall be established that probable cause exists to believe that the conditions of parole have been violated. A parolee shall be given written notice before his or her preliminary examination on the criminal charge that the results of that preliminary examination also will be used to establish probable cause that parole has been violated. If the preliminary examination is waived or the parolee is not bound over on the criminal charge, a preliminary parole revocation hearing may be held unless that hearing is waived by the parolee.

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