Michigan Administrative Code
Department - Corrections
Executive Bureau
Community Status; Eligibility Criteria
Part 7 - PAROLE, PARDON, REPRIEVE, AND COMMUTATION OF SENTENCE
Section R. 791.7745 - Preliminary parole revocation hearing; rights of alleged violator
Current through Vol. 24-16, September 15, 2024
Rule 745. In addition to the rights 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 at a preliminary parole revocation hearing has the right to be heard by a hearing officer who has had no prior direct involvement in the matter at issue at the hearing and has the right to be represented by retained or appointed counsel if any of the following provisions applies:
(a) A request for counsel is made not less than 24 hours before the hearing, and the parolee has made a claim of innocence which is plausible but may be difficult to prove.
(b) There might be substantial reasons which justify or mitigate the violation, which make revocation inappropriate, and which are complex or otherwise difficult to present.
(c) The accused is mentally unable to properly present a defense. In all cases where a request for counsel is denied, the grounds for refusal shall be stated in the written report of the hearing.
