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STATE OF MICHIGAN COURT OF APPEALS

In re Parole of MICHELLE ELIAS.

ERIC SMITH, Macomb County Prosecutor, Appellee, v MICHELLE ELIAS, Appellant, and PAROLE BOARD, Intervenor.

FOR PUBLICATION November 1, 2011 9:00 a.m. No. 300113 Macomb Circuit Court LC No. 2010-001213-AP Advance Sheets Version

Before: MARKEY, P.J., and SAAD and GLEICHER, JJ. GLEICHER, J. The Michigan Parole Board (the Board) granted Michelle Elias parole after she had served approximately 25 years of a 20- to 40-year sentence. The Macomb County Prosecutor objected to Elias's release and sought leave in the circuit court to appeal the Board's parole decision. The circuit court ruled that the Board abused its discretion by granting Elias parole and found that substantial and compelling reasons supported her continued incarceration. We conclude that the circuit court invaded the Board's authority and substituted its judicial judgment for that of the Board. Specifically, the Board fully adhered to the statutes, regulations, and internal procedures governing parole decisions, thoroughly reviewed the facts and circumstances before paroling Elias, and granted parole based on objective scoring strongly supporting Elias's paroled release. Because the circuit court overstepped the bounds of judicial review, we reverse and reinstate the Board's grant of parole. I. THE PAROLE PROCESS IN MICHIGAN There is scant published caselaw analyzing the multipart mechanics of Michigan's current parole process. Consequently, circuit courts lack useful precedent when called upon to review the propriety of a parole decision. We take this opportunity to explain the elements -1-

culminating in a parole decision and offer guidance to circuit courts confronted with a paroledecision challenge. The Legislature created the Parole Board as part of the Michigan Department of Corrections (DOC). MCL 791.231a. The Board consists of 10 members serving staggered terms. Id. "Most parole decisions are made by three-member panels of the Parole Board. Decisions for prisoners serving a life sentence are made by majority vote of all ten members of the Parole Board."1 A prisoner sentenced to a term of years comes under the jurisdiction of the Board when he or she has served the minimum sentence, adjusted for any good time or disciplinary credits. MCL 791.233(1)(b) through (d); MCL 791.234(1) through (5). Several months before the prisoner's earliest release date, a DOC staff member must conduct an in-depth evaluation of the prisoner in order to advise the Board. A prison staff member prepares for the Board's review a "Parole Eligibility Report" (PER) summarizing the "prisoner's prior record, adjustment and other information[.]" DOC Policy Directive 06.05.103, p 1;2 see also MCL 791.235(7). In preparing a PER, the staff member interviews the prisoner and gathers vital documentation, such as the results of any mental-health examinations and evaluations from prison programs. DOC Policy Directive 06.05.103,

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