Risk assessments play a central role in parole decisions in Michigan. In practical terms, Michigan parole decisions and risk assessments are intertwined, reflecting how data-driven tools inform outcomes. The Parole Board does not make decisions based solely on instinct; it relies on structured tools, statutory authority, and professional judgment to evaluate whether a prisoner presents an unreasonable risk to the community. These assessments are designed to strike a balance between public safety and the possibility of rehabilitation. Understanding how the Board applies risk assessments can help prisoners and families better prepare for hearings.
If you need guidance on appeals or post-conviction strategy related to parole outcomes, a Michigan appellate attorney can explain your options and help align your parole strategy with potential appellate remedies.
The Michigan Parole Board’s authority comes from MCL 791.233e and MCL 791.234, which establish that parole is a discretionary privilege. Administrative Rule 791.7716 supplements these statutes by outlining the parole guidelines, which include scoring factors for risk and rehabilitation. Together, these legal provisions provide the framework for evaluating each prisoner’s likelihood of success if released.
The parole guidelines score is the primary risk assessment tool used by the Board. It measures both static and dynamic factors, including:
The resulting score places the prisoner in one of three categories: high probability of parole, average probability, or low probability. Although the score is influential, the Board is not bound by it and may depart when circumstances justify.
Risk assessments weigh both static and dynamic factors:
While static factors cannot be changed, strong performance in dynamic factors can offset risk and persuade the Board that genuine rehabilitation has occurred.
In addition to the parole guidelines, the Board often relies on psychological evaluations and substance abuse assessments. These professional evaluations provide insight into whether the prisoner has addressed underlying behavioral or addiction issues. Favorable evaluations can strengthen a case for parole, while negative ones can raise red flags.
Victim input, authorized by the Crime Victim’s Rights Act (MCL 780.751 et seq.), is a decisive factor in risk assessments. Victims may testify to ongoing trauma or safety concerns, which can influence the Board’s perception of risk. Prosecutors may also submit objections, particularly in cases involving violence, to highlight community safety concerns. While these inputs are not determinative, they can heavily influence the final decision.
The Board considers the risk assessment as a guide, not a mandate. A high probability score does not guarantee parole, and a low score does not guarantee denial. Instead, the Board evaluates whether the prisoner’s rehabilitation and parole plan outweigh any concerns. Risk assessments are most effective when paired with credible evidence of changes, such as strong support networks, verified housing, and documented sobriety.
Prisoners often make mistakes that undermine their risk profile:
Avoiding these mistakes requires preparation and an honest evaluation of strengths and weaknesses.
Experienced attorneys know how to interpret and respond to risk assessments. At Grabel & Associates, we:
With over 25 years of experience, we understand how the Board assesses risk and how to construct a case that emphasizes rehabilitation over danger.
Risk assessments play a crucial role in parole decisions in the state of Michigan. They provide structure to the process, but they do not dictate the outcome. By addressing both static and dynamic factors, securing positive evaluations, and preparing a strong parole plan, prisoners can demonstrate to the Board that their risk has been mitigated. With proper guidance, rehabilitation can outweigh risk, leading to a greater chance of parole. Grabel & Associates is committed to helping clients navigate this process and present the strongest case for release.
Appealing a conviction is never easy. To have any chance, you need a knowledgeable, skilled, and seasoned team of attorneys. That’s why you need us. Contact us online or call our 24/7 defense hotline at 1-800-342-7896.