7.10Victim’s Right to Appeal Parole Decision1
“Except as provided in [MCL 791.234(19)2] and [MCL 791.234a3], a prisoner’s release on parole is discretionary with the parole board. The action of the parole board in granting a parole is appealable by the prosecutor of the county from which the prisoner was committed or the victim of the crime for which the prisoner was convicted. The appeal must be to the circuit court in the county from which the prisoner was committed, by leave of the court.” MCL 791.234(11). See also MCR 7.118(D)(1)(a) (governing circuit court appeals of parole board decisions, see MCR 7.118(A)), which provides that “[o]nly the prosecutor or a victim may file an application for leave to appeal [the parole board’s decision].”4
A.Application For Leave to Appeal
“An application for leave to appeal must be filed within 28 days[5] after the parole board mails a notice of action granting parole and a copy of any written opinion to the prosecutor and the victim, if the victim requested notification under MCL 780.771.”6 MCR 7.118(D)(2).
“An application for leave must comply with MCR 7.105, must include statements of jurisdiction and venue, and must be served on the parole board and the prisoner.[7] If the victim seeks leave, the prosecutor must be served. If the prosecutor seeks leave, the victim must be served if the victim requested notification under MCL 780.771.” MCR 7.118(D)(3). For additional information on the procedures required for application for leave to appeal from the Michigan Parole Board, see MCR 7.118(D).
At the victim’s request, he or she must “receive the parole eligibility report, any prior parole eligibility reports that are mentioned in the parole board’s decision, and any parole guidelines that support the action taken.” MCR 7.118(C). See MCL 791.235(7), which requires a parole eligibility report to be prepared, sets the parameters within which it must be prepared, and sets out certain information that must be included in the report.
“An order of parole issued under MCL 791.236 shall not be executed until 28 days after the mailing of the notice of action.” MCR 7.118(F)(1).
“If an order is issued under MCL 791.235 before completion of appellate proceedings, a stay may be granted in the manner provided by MCR 7.108, except that no bond is required.” MCR 7.118(F)(2).
E.Decision to Grant Leave to Appeal
Within 28 days after the victim files an application for leave to appeal, the circuit court must determine whether to grant leave to appeal. MCR 7.118(G)(1). “If the court does not make its determination within 28 days, the court shall enter an order to produce the prisoner before the court for a show cause hearing to determine whether the prisoner shall be released on parole pending disposition of the appeal.” MCR 7.118(G)(2). For the procedures that must be followed if leave to appeal is granted, see MCR 7.118(H).
“If a decision of the parole board is reversed or remanded, the [Michigan Parole B]oard shall review the matter and take action consistent with the circuit court’s decision within 28 days.” MCR 7.118(J)(1). “If the circuit court order requires the board to undertake further review of the file or to reevaluate its prior decision, the board shall provide the parties with an opportunity to be heard.” MCR 7.118(J)(2).
“An appeal of a circuit court decision is by application for leave to appeal to the Court of Appeals under MCR 7.205, and the Court of Appeals shall expedite the matter.” MCR 7.118(I). “An appeal to the Court of Appeals does not affect the [Michigan Parole B]oard’s jurisdiction to act under [MCR 7.118(J)].” MCR 7.118(J)(3).
1 For more information on circuit court appeals of parole board decisions, see the Michigan Judicial Institute’s Appeals & Opinions Benchbook, Chapter 2.
2 “If an appeal is initiated under [MCL 791.234(19)], a subsequent appeal under [MCL 791.234(11)] may not be initiated upon the granting of parole.” MCL 791.234(19).
3 MCL 791.234a governs placement of a prisoner in a special alternative incarceration (SAI) unit. For additional information on SAI programs, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.
4 “There is no appeal of right from a decision of the parole board.” MCR 7.118(B).
5 But see MCR 7.118(E), which permits a late application under certain circumstances.
6 MCL 780.771(3) requires “[the] victim [to] receive notice of the decision of the board or panel, and if applicable notice of the date of the prisoner’s release on parole.” See also MCL 780.769(1)(f), which requires, at the victim’s request, the sheriff or the DOC to provide the victim with “[n]otice of the decision of the parole board, or any other panel having authority over the prisoner’s release on parole, after a parole review, as provided in [MCL 780.771].” MCL 780.769(1)(f).
7 See SCAO Form CC 404, Notice to Prisoner on Application for Leave to Appeal Decision of Parole Board.