791.251 Hearings division; creation; appointment and duties of hearing administrator; duties of hearings division; supervision and qualifications of hearing officer.

358 words·~2 min read·/mi/chapter-791/791-251

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 51.

(1)There is created within the department a hearings division. The division is under the direction and supervision of the hearings administrator who is appointed by the director of the department.

(2)Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing the department conducts that may result in the loss by a prisoner of a right, including but not limited to any 1 or more of the following matters:

(a)An infraction of a prison rule that may result in punitive segregation, loss of disciplinary credits, or the loss of good time.

(b)A security classification that may result in the placement of a prisoner in administrative segregation.

(c)A special designation that permanently excludes, by department policy or rule, a person under the jurisdiction of the department from community placement.

(d)Visitor restrictions.

(e)High or very high assaultive risk classifications.

(3)Except as otherwise provided in this section, the hearings division is responsible for each prisoner hearing that may result in the accumulation of disciplinary time.

(4)The hearings division is not responsible for a prisoner hearing that is conducted for prisoners transferred under section 11a to an institution of another state pursuant to the interstate corrections compact.

(5)The hearings division is not responsible for a prisoner hearing that is conducted as a result of a minor misconduct charge that would not cause a loss of good time or disciplinary credits, or result in placement in punitive segregation.

(6)Each hearings officer of the department is under the direction and supervision of the hearings division. Each hearings officer hired by the department after October 1, 1979, shall be an attorney.

History: Add. 1979, Act 140, Imd. Eff. Nov. 7, 1979 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983 ;-- Am. 1994, Act 217, Eff. Dec. 15, 1998 ;-- Am. 1998, Act 204 , Imd. Eff. June 30, 1998 ;-- Am. 1998, Act 269 , Imd. Eff. July 17, 1998

Popular Name: Department of Corrections Act