View Full Version : how long (can they hold someone for a PV)
07-10-2006, 10:01 AM
can anyone tell me how long they can hold a parolee on a parole violation, i need to know the most recent law reguarding on how long they can hold a person before they have a parole violation hearing, are they given a lawyer to represent them?, and what is the maximun amount of time they can serve on a parole violation if they are found guilty, also in these court preceedings are they opportunties to plea guilty in order to recieve a lesser term?
07-10-2006, 10:10 AM
I can answer the part about how long can they serve on the PV.. its as long as their max date from the original incarceration. For instance if his max date is 3-4 years down the road, they can keep them that long.
I'm not POSITIVE, but I don't think he will have an option to plead out for lesser time before being released again. That will be determined by the parole board once he's eligible to appear before them again.
07-10-2006, 10:39 AM
So Does This 45 Day Periond Mean Anything At All Or Is It Just Words?
07-10-2006, 11:28 AM
The 45 day thing is under reconsideration due to the Patrick Selepak situation. I'm not sure of the current law, but I do know its validity and the entire issue is a hot topic in Lansing right now.
07-11-2006, 02:17 PM
As far as I know the 45 day rule is supposed to be still in effect. The only thing that has been cleared up or "changed" is that if there is no hearing before the 45 days...the violator does not receive automatic release like in the past. Supposedly, if the hearing is not held within the specified time period then there has to be written justification to "higher ups" and I guess they work from there.
The part about being held....well, let's just say...when they feel like getting around to the paperwork...at least that's how it seems. My guy has been waiting on a decision for 61 days after a violation hearing. This is not his first "trip around the corner" and he says that he has never in all his years waited this long...what's the deal? I'm not buying that stuff about one of the board members is ill...I truly think they lost his paperwork..he wouldn't be the first!
07-12-2006, 05:36 PM
To my understanding it is now 90 days min. in County or sent back to prison for the remainder of their sentence. Depending on the crime or violation reason.
10-15-2006, 11:36 AM
Governor Granholm has issued a directive requiring the MDOC to hold prisoners even when the 45 days have passed. This effectively ends the 45 day rule.
10-19-2006, 07:15 AM
my boyfriend went back on a parole violation and has been back in prison for 2 years, he went back in 2004, when he first violated he a 12 month flop, then the board seen him in july of 2005 and gave him another flop for 24 months, now we are just waiting for when he see's the board again in september of 2007, so told me he could be paroled or he could be there until 2009 when he discharges
10-21-2006, 09:45 AM
Yeah, that 45-day rule stuff is just grounded in U.S. Constitutional Law as interpreted by the Supreme Court of the United States. Michigan won't let such a trivial thing get in the way when they have a P.R. problem to manage. One MUST have priorities in life!
10-23-2006, 10:45 AM
:) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :)
It's better to laugh than to cry about it!!!!!!!!
Unfortunately, the constitution does not mention 45 days for PVs. It only states that we have a right to a speedy trial. They have gotten around this by saying that PVs are not criminal, they are merely violations of conditions required to maintain parole. Therefore, they have created the "right" to keep them all the way until they discharge. Don't forget, parole is not release from the MDOC ... it's "Community Corrections" and therefore being sent back to prison is technically just a transfer.
Please don't shoot the messenger... I'm just explaining how things work legally.
11-01-2006, 07:28 PM
hi~ i'm new here.
my fiance was 3 months short of finishing up his parole when he was sent back to prison on a rule violation (no new crime). his hearing went well, and the recommendation was for "time served" (or 6 months). instead, the board gave him 24 months, and my fiance seems certain they'll flop him again after that. i'd like to appeal this decision. can this be done, and if so where do i begin? i can't afford legal representation and will probably have to do this by myself.
thanks for any advice anyone can give me.
11-01-2006, 07:44 PM
The decision of the parole board cannot be appealled. Your husband is correct tne parole board has the authority to flop him until his max date. Though they have the authority it does not mean that they will flop him again.
Try to hang in there.