Section 791.211a - Interstate corrections compact; contracts; suitability of institutions for confinement; out-of-state transfer of prisoners; conditions; report.
CORRECTIONS CODE OF 1953 (EXCERPT)
Act 232 of 1953
791.211a Interstate corrections compact; contracts; suitability of institutions for confinement; out-of-state transfer of prisoners; conditions; report.
Sec. 11a.
(1) The director of corrections may enter into contracts on behalf of this state as the director considers appropriate to implement the participation of this state in the interstate corrections compact pursuant to article III of the interstate corrections compact. The contracts may authorize confinement of prisoners in, or transfer of prisoners from, correctional facilities under the jurisdiction of the department of corrections. A contract shall not authorize the confinement of a prisoner who is in the custody of the department in an institution of a state other than a state that is a party to the interstate corrections compact. When transferring prisoners to institutions of other states under this section, the director shall endeavor to ensure that the transfers do not disproportionately affect groups of prisoners according to race, religion, color, creed, or national origin.
(2) The director of corrections shall first determine, on the basis of an inspection made by his or her direction, that an institution of another state is a suitable place for confinement of prisoners committed to his or her custody before entering into a contract permitting that confinement, and shall, at least annually, redetermine the suitability of that confinement. In determining the suitability of an institution of another state, the director shall determine that the institution maintains standards of care and discipline not incompatible with those of this state and that all inmates confined in that institution are treated equitably, regardless of race, religion, color, creed, or national origin.
(3) In considering transfers of prisoners out-of-state pursuant to the interstate corrections compact due to bed space needs the department shall do all of the following:
(a) Consider first prisoners who volunteer to transfer as long as they meet the eligibility criteria for such transfer.
(b) Provide law library materials including Michigan Compiled Laws, Michigan state and federal cases, and U.S. sixth circuit court cases.
(c) Not transfer a prisoner who has a significant medical or mental health need.
(d) Use objective criteria in determining which prisoners to transfer.
(4) Unless a prisoner consents in writing, a prisoner transferred under the interstate corrections compact due to bed space needs shall not be confined in another state for more than 1 year.
(5) A prisoner who is transferred to an institution of another state under this section shall receive all of the following while in the receiving state:
(a) Mail services and access to the court.
(b) Visiting and telephone privileges.
(c) Occupational and vocational programs such as GED-ABE and appropriate vocational programs for his or her level of custody.
(d) Programs such as substance abuse programs, sex offender programs, and life skills development.
(e) Routine and emergency health care, dental care, and mental health services.
(6) One year after April 13, 1994 and annually after that date, the department shall report all of the following to the senate and house committees responsible for legislation concerning corrections and to the appropriations subcommittees on corrections:
(a) The number of prisoners transferred to or from correctional facilities in this state pursuant to the interstate corrections compact.
(b) The cost to the state of the transfers described in subdivision (a).
(c) The reasons for the transfers described in subdivision (a).
History: Add. 1994, Act 93, Imd. Eff. Apr. 13, 1994 ;-- Am. 1998, Act 204, Imd. Eff. June 30, 1998
Popular Name: Department of Corrections Act