Appendix 5

Reprieves, commutations or pardons: MCLA § 791.244; MCL § 816


R 791.7760 Pardons, reprieves, and commutations

Rule 760. (1) A person who is convicted of a crime may apply for a pardon, reprieve, or commutation by filing a notarized copy of the appropriate application with the parole board. The application shall contain all of the following information:


(a) Date of conviction and sentence imposed for the crime for which the person is seeking clemency.(b) Personal history, including all of the following information:


(i) Age

(ii) Citizenship

(iii) Marital status

(iv) Number of dependents

(v) If on parole or discharged from sentence, employment history and character references.


(c) Criminal record


(d) Circumstances of crime for which the person is seeking clemency.


(e) Reasons for seeking clemency


(f) Other relevant information requested by the parole board.


(2) Upon receipt of an application for pardon, reprieve, or commutation, the parole board shall handle the application pursuant to the procedures contained in section 44 of Act No. 232 of the Public Acts of 1953, as amended, being S791.244 of the Michigan Compiled Laws, except that the parole board is not required to act upon an application that is substantially identical to one which has been denied within 2 years of the date of the present application.


(3) If a public hearing is held on an application for pardon, reprieve, or commutation, notice of the hearing shall be provided as set forth in section 44(2)(g) of Act No. 232 of the Public Acts of 1953, as amended, being S791.244(2)(g) of the Michigan Compiled Laws, and shall also be provided to the public press.


(4) If a public hearing is held, it shall be conducted by at least 1 member of the parole board who will be involved in the formal recommendation to grant or deny the application for pardon, reprieve, or commutation. The parole board shall give liberal construction to any technical rules of evidence.


(5) At a public hearing on the applicant's petition for pardon, reprieve, or commutation, the applicant may testify and present relevant witnesses and oral documentary evidence. The applicant may be represented by retained or appointed counsel. The public shall be represented by the department of attorney general. The presiding parole board member shall summarize all statements and documents presented both for and against the application for clemency.


(6) A person who is a victim of the applicant's offense, as defined in section 2(l)(i) of Act No. 87 of the Public Acts of 1985, as amended, being S780.752(l)(i) of the Michigan Compiled Laws, shall be given an opportunity to address and be questioned by the parole board or if a public hearing is conducted, to submit written testimony. The victim shall be given notice if a reprieve, commutation, or pardon has been granted.


History: 1954 ACS 93, Eff. Nov. 30, 1977;1979 AC; 1988 MR 12, Eff. Dec. 29, 1988; 1996 MR 1, Eff. Jan.26, 1996.

R 791.654 Inmate Visitors

Rule 654. (1) The administrator shall uniformly set the number of permissible visits for each inmate and the number of visitors permitted for each visit. Visits should be governed by administrative constraints and space availability.


(2) Visits shall be allowed for identified members of an inmate's immediate family, his counsel, clergyman, and in the case of an inmate awaiting trial, persons with whom he may need to confer in order to prepare the defense of his case. Where security permits, provision may be made for family members under 18 years of age and established friends to visit inmates.


(3) An inmate shall not be denied visits by properly identified clergy, counsel of his own choosing, or counsel appointed by the court. These conversations shall not be monitored.


(4) The administrator may deny a visit to an inmate when he has reasonable grounds to believe that the visit might endanger the good order or the security of the facility. Reasons for denial of a visit shall be in writing.


(5) A visitor shall register, giving his name, address, relationship and nature of business. Visits shall be under supervision.


(6) A visitor shall not be allowed inside an inmate living area.


History: 1954 ACS 84, Eff. Sept. 3, 1975; 1979 AC.

R 791.2220 Business hours of facilities; tours; visits.

Rule 220. (1) the normal business hours of department facilities shall be from 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.


(2) Persons desiring to conduct business in a particular facility during nonbusiness hours shall request permission from the head of the facility.


(3) Professional and college students in the areas of criminal justice and corrections may request permission to tour a particular facility from the head of that facility.


(4) Persons who wish to visit a departmental facility, but who do not meet the criteria of subrule (2) or (3) or this rule, shall request permission from the director.


(5) The department shall establish reasonable policies regarding news media visits to department facilities.


(6) Visits during disturbances may be permitted only with prior approval from the warden.


(7) All visitors inside the security perimeter of any facility classified above level I shall be escorted by facility staff.


(8) Visits with prisoners are governed by the provisions of R 791.6607, R 791.6609, R 791.6611, and R 791.6614.


(9) Notwithstanding the provisions of subrule (2), (6), or (7) of this rule, staff of the office of the legislative corrections ombudsman shall have access to all facilities under the control of the department as set