Prisoners leaving prison do so in one of two ways: Either they serve their entire maximum sentence and are discharged from MDOC custody with no further supervision, or they are paroled. This means they are given a conditional release from prison before serving their maximum sentence, and they will remain under MDOC supervision.
Approximately three months before a prisoner is scheduled to be discharged, MDOC begins updating his records and preparing him for release. They check to see whether the prisoner is subject to any other warrants, immigration detainers or personal protection orders, and they update the relevant parties with that prisoner’s date of discharge. They also take his DNA sample, test him for communicable diseases, and, if necessary, make arrangements for follow-up care if he is mentally ill or disabled and unable to care for himself.[160]
Prisoners are released seven days a week, including holidays. MDOC returns any funds that the prisoner may have had in his commissary account and any personal items that he had on his person when he entered prison. It also provides a photo identification card with his legal name and date of birth. The department may provide him with one set of shoes and clothing, and up to $75 if the prisoner has no job or other means of support awaiting him upon his release. Prisoners without transportation may be provided with transportation to the place where they will live or work, or where they were convicted, at MDOC expense.[161]
The majority of prisoners leaving MDOC custody are those who have been paroled. They may remain under the supervision of the parole officer until the end of their maximum prison sentence, although they may be discharged from supervision entirely if their reentry goes well.[162] To discourage wrongdoing among parolees, the state has implemented policies that aim to encourage accountability and good behavior among parolees. Michigan’s Parole Sanction Certainty Program, signed into law in 2017, requires MDOC to implement special programming in five counties designed for parolees who are at a high risk of reoffending, or “recidivating.” Recidivism is a key performance measure for the criminal justice system, whose goal is to reform offenders into law-abiding citizens. Michigan’s recidivism rate has hovered near 30 percent for the past several years, down from an all-time high of over 45 percent in 1998.[163]
A limited number of people with criminal records eventually become eligible to have their record cleared. Current law allows people with one felony and one or two misdemeanors to have their felony expunged, or cleared from their record, and people with one or two misdemeanors to have those crimes cleared if they have no other criminal history.[164] Expungement is not available to people convicted of serious crimes, such as human trafficking, criminal sexual conduct and DUI.[165] People who are eligible for expungement must petition the court in order to get their record cleared.