REC: M.C.L. 791.240A [45 Day Rule]

Thank you for viewing my legal-help webpage.  I pray it will inspire someone to assist me in my need for correction of an injustice.

I am looking for a legal minded person, group, or organization to help right a grave injustice against myself and taxpayer's who are being lied too.  My story is not unique in itself, it is happening everyday.  Whomever my story may touch, try and help to correct this wrong.  Because I'm a prisoner, please read this story without bias.  Right is Right, and the law should apply to everyone.

On July 11, 1999, I was paroled to a two year term, and on July 2, 2001, I was arrested and charged with Assault with intent to do great bodily harm less than murder in Bay City, Michigan.  I posted bond of $2,500 that same day. 

On July 19,2001 I was arrested by my parole agent for a parole violation and sent to the Egeler Facility in Jackson, Michigan on July 27, 2001.  A parole revocation hearing was to be held within 45 days from July 18, 2001.  On August 17, 2001, I was taken from Egeler Facility in Jackson by Bay City on a Writ, and was not returned until September 25, 2001.

At the parole violation arraignment September 27, 2001, I informed the Hearing Examiner that I was passed the 45 days required time limit to be heard on this violation.  The Hearing Examiner stated, "I was not in Michigan DOC jurisdiction during the Writ period."  However, the fact remains I was still on bond while in Bay County Jail, and it was solely the hold that Michigan DOC had on me that kept Bay County from releasing me.  The key word here is "BOND."

Because I posted bond, I was being detained solely on Parole violation charges even during the Writ period.  The hold that Michigan DOC had on me was solely a parole violation.

Please read these statues and policies, and it will make it very clear.

M.C.L. 791.240a, Administrative Rules 791.7740 thru 791.7750, PD-06.06.100, PD-06.06.101 and PS-06.06.102, Morrissey v Brewer, 408 US 471; 92 S.Ct 2593; 33 L.Ed.2d 484 (1972); and Hinton v Parole Board, 148 Mich. App. 235; 383 N.W. 2d 626(1986).

On October 4, 2001, the hearing was adjourned after 45 day rule was violated.  On January 31, 2002, I was found guilty and given a one-year misdemeanor sentence.  The parole violation hearing continued on February 21, 2002, where I was found guilty of the violation as a result of the Hearing Examiner's refusal to comply with the law and Michigan DOC policy regarding the 45 day rule.  I was sentenced to 18 months for the violation, and as of October 15, 2002 I was given an additional 12 months. My next consideration date for parole is January 18, 2004.

I pray someone reading this webpage will take an interest in justice on my behalf (and others), and file a Habeas Corpus seeking release and discharged from parole.

Michigan DOC should be made to comply with the law, and abide by their own Policies.

Because of my lack in dealing with legal matters I'm praying there is someone who will help in filing of a  Habeas Corpus. 

I have been unable to address this matter until now through this webpage.  I welcome any and all input or assistance.  PLEASE help if you can.

I look forward to hearing from someone who CARES about justice.

I sincerely thank you for your time.

MELVIN L. HOSKINS

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