Skip to main content
June 06, 2017

MSC: All prisoners are eligible for sentence reduction, not just those already eligible for day parole

The Michigan statute providing for a reduction in jail time for good behavior applies to all prisoners, said the Michigan Supreme Court (MSC). In Michigan v. Wilkins, No. 155688, the MSC vacated an order issued by the Kent Circuit Court interpreting MCL 801.257. The lower court held that the statute, which allows a one-fourth reduction in a prisoner’s sentence, applies only to prisoners who are granted “day parole,” or the ability to leave the jail during the day for work and other permissible purposes. The MSC disagreed, holding that MCL 801.257 applies to all county jail prisoners, even though the statute is part of the larger “Day Parole of Prisoners Act.”
 
The lower court reasoned that the statute providing for a reduction in jail time must be read in the context of the entire Act. Thus, because the defendant did not have work-release status, he was ineligible to be considered for the twenty-five-percent reduction in his sentence. But the MSC disagreed and remanded the case for reconsideration, finding that “[t]he statute’s application is not limited to prisoners who have requested and been granted work release pursuant to other sections of the day parole act.” The court held that the statute's language applying it to a "county jail prisoner," meant that its scope was not limited by the Act's title. Notably, Chief Justice Markman dissented, arguing instead that MCL 801.257 should, in fact, be read in the greater context of the “Day Parole of Prisoners” Act. 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset