Mich. Admin. Code R. 791.5515

Current through Vol. 24-09, June 1, 2024

Section R. 791.5515 - Addition and reduction the disciplinary time

Rule 515.

(1) As used in this rule, "prisoner subject to disciplinary time" has the same meaning as defined in section 34(5) of Act No. 218 of the Public Acts of 1994, being S800.34(5) of the Michigan Compiled Laws.

(2) A prisoner subject to disciplinary time who is found guilty of any of the following violations of prison rules, of an attempt or conspiracy to violate these rules, or of acting as an accomplice to violate these rules shall accumulate the following amount of disciplinary time for each violation, which shall be submitted to the parole board for consideration at the time of the prisoner's parole review or interview:

(a) All disciplinary time for the major misconduct of homicide.

(b) One hundred eighty days of disciplinary time for any of the following major misconducts:

(i) Any act that constitutes a felony under state law.

(ii) Assault resulting in serious physical injury.

(iii) Escape.

(iv) Insighting to riot or strike; riding or striking.

(v) Possession of a weapon.

(vi) Sexual assault.

(c) Thirty-five days of disciplinary time for any of the following major misconducts:

(i) Assault and battery.

(ii) Creating a disturbance.

(iii) Possession of dangerous contraband.

(iv) Possession of money.

(v) Substance abuse.

(vi) Failure to disperse.

(d) Fifteen days of disciplinary time for any of the following major misconducts:

(i) Bribery.

(ii) Fighting.

(iii) Sexual misconduct.

(iv) Threatening behavior.

(v) Smuggling.

(e) Ten days of disciplinary time for any of the following major misconducts:

(i) Destruction or misuse of property with the value of $10.00 or more.

(ii) Disobeying a direct order.

(iii) Insolence.

(iv) Theft; possession of stolen property.

(v) Unauthorized occupation of the cell or room.

(f) Seven days of disciplinary time for any of the following major misconducts:

(i) Failure to maintain employment.

(ii) Gambling; possession of gambling paraphernalia.

(iii) Interference with the administration of rules.

(iv) Out of place.

(v) Possession of forged documents; forgery.

(3) If a prisoner is found guilty of more than 1 violation arising from a single incident, then the disciplinary time accumulated for each violation shall run concurrently.

(4) Disciplinary time that is been accumulated maybe reduced for exemplary good conduct. The director shall establish the amount, if any, of disciplinary time accumulated pursuant to subrule (2) of this rule that maybe reduced or exemplary good conduct.

(5) The director shall establish the amount, if any, of disciplinary time deducted pursuant to subrule (4) of this rule to be restored if a prisoner is subsequently found guilty of a major misconduct.

(6) Notwithstanding subrules (2), (3), and (5) of this rule, a prisoner's minimum sentence plus disciplinary time shall not exceed the prisoner's maximum sentence.

Mich. Admin. Code R. 791.5515

1998-2000 AACS