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1. What is the Crime Victim’s Rights Act?

The Crime Victim's Rights Act, P.A. 87 of 1985, as amended, provides certain rights to victims of crimes. The prosecuting attorney is required by law to inform the victim of his or her rights under the terms of the Crime Victim's Rights Act during the pre-conviction process.

Victims are required to be notified and consulted during the various steps of the criminal justice process. The victim can also submit a written or oral impact statement to the probation officer preparing the presentence investigation report.

In accordance with the act, the Michigan Department of Corrections (MDOC), upon the written request of a victim, must provide notification to victims regarding a prisoner's status during their incarceration.

2. Who Is a victim?

An individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime is considered a "victim." Other persons such as the spouse, child, parent, sibling, grandparent or guardian may also qualify as a victim if the victim is deceased or is physically unable to exercise the privileges and rights of the victim under the Crime Victim's Rights Act.

Under special circumstances, individuals that do not qualify under the definition of a "victim," may receive some notifications outlined in the Crime Victim Rights Act. You may contact the MDOC Crime Victim Notification Unit at 517-373-4467 or toll free at 877-886-5401 to determine if you qualify.

3. How do I request to be notified?

You may request notification by completing a MDOC Crime Victim Notification Form.

4. Will my name and address be kept confidential?

Yes. Victim names and addresses are exempt from disclosure under the terms of the Freedom of Information Act.

5. What will I be notified of?

• The earliest parole eligibility date of the prisoner with all potential good time or disciplinary credits considered. This is the earliest date that a prisoner can be considered for parole. This is a one-time notice.
• The transfer of the prisoner to a minimum security facility and the address of that facility. Some minimum security facilities are defined as Secure Level I facilities which have secure perimeters with double fences, perimeter detection systems and an armed alert response vehicle patrolling the perimeter of the facility. The Corrections Camps are also examples of minimum security facilities. Prisoners who meet the criteria for placement in a minimum security facility are normally near their parole eligibility date.
• The release of the prisoner to a community residential program. This is a Community Center or facility operated by the Department of Corrections in which convicted felons who have been imprisoned are supervised prior to parole. Convicted felons are carefully screened for this "community status" and are required to work or be in school while living in these facilities. A corrections center is supervised by employees of the Michigan Department of Corrections, but not necessarily owned by the Department. Prisoners assigned to "community status" could also be housed in a private residence, including their own home but be on electronic monitoring or "tether."
• Discharge release of the prisoner. This notice will be sent 90 days before the prisoner is discharged on his or her maximum sentence. You will also be notified if the prisoner is to be released by court order.
• Notice of a public hearing regarding a reprieve, commutation or pardon of the prisoner's sentence by the Governor, or a public hearing scheduled for a prisoner serving a life sentence where the Parole Board has voted to consider parole. In addition, a notice will be sent if a reprieve, commutation, or pardon is granted.
• Escape of the prisoner. In the event of an escape, staff at the facility where the escape occurred will notify the victim by telephone within one hour of the escape. This telephone notification will be followed by a written notification to the victim. As a result, it is very important that victims inform the Crime Victim Notification Unit of any changes in telephone numbers.
• The victim's right to address or submit a written statement for consideration by a Parole Board or panel member. This notice will be given not less than 30 days before the Parole Board begins consideration of parole.
• Notice of the Parole Board decision. This notice will be sent to you within 14 days of the decision.
• Prisoner placement in Special Alternative Incarceration (SAI). SAI is a 90-day boot camp program with automatic parole upon completion for carefully screened prisoners who are serving a minimum term of three years or less. Prisoners serving for crimes of a sexual nature or certain other assaultive crimes are not eligible for placement in this program.
• Prior to placing a prisoner in SAI, the MDOC. must send notification to the sentencing judge to ensure the judge does not have any objections, unless the judge has already approved placement at the time of sentencing. A copy of this notification will be provided to the victim and the prosecuting attorney who may contact the sentencing court to express their support or objection of the prisoner's placement in this program.
• Movement to and from Special Alternative Incarceration. Notification will be sent when a prisoner is transferred to and from the Special Alternative Incarceration program. If a prisoner successfully completes this 90-day program, they will be automatically released on parole as required by state law. If the prisoner does not successfully complete the program, he/she will be sent to a prison facility to continue serving the sentence.
• Legal Name Change. Notification will be sent if a prisoner legally changes his or her name while under the jurisdiction of the MDOC.