Prison, Parole and Treatment for Sex Offenses in Michigan

A Michigan prison sentence for a term of years has two numbers. The judge fixes the minimum term, and the maximum is the maximum penalty provided by law.^[1] For a criminal sexual conduct (CSC) offense committed on or after December 15, 1998, the parole board gains jurisdiction only when a period equal to the minimum has been served, and even then release is up to the parole board.^[2][3]

What this page covers and what it does not. Everything below comes from Michigan statutes. No Department of Corrections policy directive, treatment program description or parole-board statistic was read for this guide, so the page does not describe which programs the department runs, how long they take, where they are offered, or how often parole is granted in sex-offense cases. Those questions belong with the department or a lawyer who practices before the parole board.

How do minimum and maximum terms work?

When a person is convicted for the first time of a felony punishable by imprisonment in a state prison, the court "shall not fix a definite term of imprisonment, but shall fix a minimum term," and the maximum penalty provided by law is the maximum sentence.^[1] This is called an indeterminate sentence.

Three rules shape the minimum:

• The sentencing guidelines recommend a range for the minimum, which is advisory.^[8]
• The court may not impose a minimum that exceeds two-thirds of the statutory maximum.^[9]
• If a statute mandates a minimum sentence, the court must impose it.^[10]

The maximums for the CSC offenses are set by the Penal Code: life or any term of years for first-degree CSC, not more than 15 years for second- and third-degree CSC, and not more than 10 or 5 years for the two forms of assault with intent to commit CSC.^[11][12][13] Fourth-degree CSC is punishable by imprisonment for not more than 2 years.^[14]

First-degree CSC: life or any term of years

Where the maximum may be life or any term of years, the court may impose a life sentence or a term of years. If it chooses a term of years it fixes both the minimum and the maximum, and it may not combine a life maximum with a minimum stated in years.^[15]

Mandatory minimums apply to some first-degree convictions. For an offense by a person 17 or older against a child under 13, the term is life or any term of years but not less than 25 years.^[16] A person 18 or older convicted of first-degree CSC against a child under 13 who has a prior conviction for first-, second-, third- or fourth-degree CSC or assault with intent to commit CSC against a child under 13 (or a substantially corresponding federal or other-state offense) is sentenced to life without the possibility of parole.^[5] A second or subsequent offense under the first-, second- or third-degree statutes carries a mandatory minimum of at least 5 years; the earlier conviction may be under one of those statutes or under any similar federal or other-state statute for a criminal sexual offense.^[17][18] See mandatory minimum sentences for CSC and sentencing guidelines in CSC cases.

Where is the sentence served?

A person sentenced to imprisonment for first-, second-, third- or fourth-degree CSC, assault with intent to commit CSC, or an attempt "shall not be eligible for custodial incarceration outside a state correctional facility or a county jail."^[19]

In a county jail, day-parole privileges such as release for work are not available to a person serving any part of a sentence for an offense under MCL 750.145c, first-, second- or third-degree CSC, or assault with intent to commit CSC. The one exception is leaving the jail during necessary and reasonable hours for medical treatment, substance abuse treatment, mental health counseling or psychological counseling.^[20] Fourth-degree CSC is not in that list of offenses.^[20]

Custody can begin before sentencing. A defendant convicted of sexual assault of a minor and awaiting sentence "shall be detained and shall not be admitted to bail"; the same applies to a defendant sentenced to imprisonment who has filed an appeal. For that statute, a minor is an individual less than 16 years of age, and "sexual assault of a minor" means first- or second-degree CSC or third-degree CSC under MCL 750.520d(1)(b) to (e) against a minor, third-degree CSC under MCL 750.520d(1)(a) if the actor is 5 or more years older than the victim, and assault with intent to commit those offenses.^[21] Bond earlier in a case is covered in bond in CSC cases.

When does parole become possible?

A prisoner subject to disciplinary time who is serving an indeterminate sentence with a minimum in terms of years comes under the parole board's jurisdiction after serving a period equal to the minimum sentence imposed by the court.^[22] A prisoner sentenced for first-, second-, third- or fourth-degree CSC or assault with intent to commit CSC is a "prisoner subject to disciplinary time" if the crime was committed on or after December 15, 1998.^[2] For older crimes a separate section, MCL 791.233b, applies to first-, second- and third-degree CSC and assault with intent to commit CSC: the person is not eligible for parole until the minimum term has been served less an allowance for disciplinary credits, and is not eligible for special parole.^[2]

Sentence	Parole rule in the statutes
Term of years for a CSC offense or assault with intent, crime committed on or after December 15, 1998	Board jurisdiction only after a period equal to the minimum sentence imposed by the court has been served[2]
First-degree CSC under the 25-year-minimum provision	Parole "shall only be granted for life"[6]
Life without parole under MCL 750.520b(2)(c)	Not eligible for parole[5]
A parolable life sentence	Board jurisdiction after 15 calendar years for a crime committed on or after October 1, 1992; a public hearing is required; parole must be for not less than 4 years[23]
Consecutive terms	Board jurisdiction after the total of the added minimum terms; the maximum terms are added together[24]

For a parolable life sentence, parole must not be granted if the sentencing judge files written objections within 30 days of receiving notice of the hearing, but those objections bar parole only if the sentencing judge is still in office in the court where the prisoner was convicted and sentenced.^[23]

Medical parole is a separate route for prisoners found to be medically frail. The statute excludes a prisoner convicted of first-degree CSC from it.^[25]

How consecutive terms come about is explained in consecutive sentences in CSC cases.

How does the parole board decide?

The legal standard is in MCL 791.233(1)(a): a prisoner must not be given liberty on parole until the board has reasonable assurance, after consideration of all of the facts and circumstances, including the prisoner's mental and social attitude, that the prisoner will not become a menace to society or to the public safety.^[4] The statute also says in plain terms: "There is no entitlement to parole."^[3]

The Department of Corrections must develop parole guidelines to govern the board's discretion. In developing them, the department must consider factors that include the offense, the prisoner's institutional program performance, institutional conduct and prior criminal record, and it may consider statistical risk screening and age.^[26]

The board may depart from the guidelines, but a departure must be for substantial and compelling objective reasons stated in writing.^[7] After a denial, a prisoner other than one serving a life sentence is reviewed not less than annually if scored at high or average probability of parole, and not less than every 2 years if scored at low probability.^[27]

Where does treatment fit?

The parole statutes do not mention sex-offender treatment by name. They refer to "programming ordered by the department to reduce the prisoner's risk," and they give that programming legal weight in two ways.^[7]

• The board may deny parole to a prisoner with a high probability of parole if the prisoner refuses to participate in that programming. A prisoner is not considered to have refused if unable to complete programming due to factors beyond his or her control.^[7]
• The board may deny parole if the prisoner has not yet completed that programming, the programming is not available in the community, and the risk cannot be adequately managed in the community before completion.^[7] In that situation the board may deny parole for up to 1 year to allow completion, and the prisoner must receive parole consideration within 30 days after completing the programming.^[27]

Treatment matters later as well. One of the conditions for a Tier I registrant to petition to end registration is completion of a sex offender treatment program, which the court may waive if treatment was not a condition of sentence.^[28] See petitioning to be removed from the registry.

What must a parole order contain?

A parole order must contain the conditions of parole. The conditions must be individualized, must specifically address the assessed risks and needs of the parolee, must be designed to reduce recidivism, and must consider the needs of the victim, including the victim's safety needs or a request by the victim for protective conditions.^[29] Beyond that, several conditions are fixed by statute:

• Registration. If the parolee is required to be registered under the Sex Offenders Registration Act, the order must contain a condition requiring compliance with that act, and the parole officer registers the parolee.^[30]
• Release address. Before release on parole or on completion of the maximum sentence, a prisoner required to register must give the department notice of the proposed place of residence. Refusing, or knowingly giving an incorrect location, is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000, or both.^[31]
• Searches. The order must require the parolee to give written consent to a search of his or her person or property on demand by a peace officer or parole officer.^[32]
• Named persons. If the order contains a condition intended to protect one or more named persons, the department must enter it into a system accessible by the law enforcement information network.^[33]
• Electronic monitoring. A parolee convicted of first- or second-degree CSC who is not subject to lifetime monitoring may be required by the board to be on electronic monitoring for the duration of parole.^[34]

The statutes read for this guide do not set out a standard list of "sex offender parole conditions" on matters such as internet use, contact with minors or where a parolee may live. Any such conditions would come from the individual parole order, and this page does not describe them.

People sentenced to lifetime electronic monitoring begin that program on release on parole or from prison.^[35] See lifetime electronic monitoring.

What happens if parole is violated or completed?

A parolee remains in the legal custody and under the control of the department. A parolee who violates parole and for whose return a warrant has been issued is liable, when arrested, to serve out the unexpired portion of the maximum term.^[36] A willful violation of the registration act has a fixed consequence: the parole board "shall rescind the parole."^[37]

A paroled prisoner who has faithfully performed all the conditions and obligations of parole for the period fixed in the parole order has served the full sentence required, and the board must enter a final order of discharge.^[38]

Discharge from parole is not the end of registration or of lifetime monitoring for people subject to them. Registration runs for 15 years, 25 years or life depending on the tier, and those periods exclude any period of incarceration.^[39][40] The $60 monthly monitoring charge applies after the person is discharged from parole but is still subject to electronic monitoring.^[41] For registry duties after release, see what registrants must report and how long registration lasts.

What people get wrong

• "A 10-to-15 sentence means out in 10." The parole board gains jurisdiction when the minimum has been served; there is no entitlement to parole, and the maximum sentence is the maximum penalty provided by law.^[2][3][1]
• "Good behavior shortens the minimum." For a CSC crime committed on or after December 15, 1998, the parole board's jurisdiction begins when a period equal to the minimum sentence imposed by the court has been served; the statute provides no reduction of that period for good time or disciplinary credits.^[2]
• "Everyone with a life sentence is ineligible for parole." Among CSC sentences, the one under MCL 750.520b(2)(c) is life without the possibility of parole.^[5] A life sentence that is not excluded from parole comes under the parole board's jurisdiction after 15 calendar years for a crime committed on or after October 1, 1992.^[23]