Thompson v. Department of Corrections
Thompson v. Department of Corrections
Opinion of the Court
Plaintiff appeals as of right from
Plaintiff is an inmate at the Kinross Correctional Facility in Chippewa County. In his "complaint for mandamus”, he alleged that defendant’s scheme for risk classification of inmates is implemented through a directive (Policy Directive 30.06) which defendant had not promulgated as a "rule” under the Michigan Administrative Procedures Act, MCL 24.201 et seq.; MSA 3.560(101) et seq.
The circuit judge agreed with defendant’s argument that the directive is not a "rule” which must be promulgated pursuant to the Administrative Procedures Act because it "does not affect the rights of, or procedures and practices available to, the public”. MCL 24.207(g); MSA 3.560(107)(g). We disagree. As recently noted by another panel of this Court, prisoners are members of the "public” for purposes of MCL 24.207(g). Martin v Dep’t of Corrections, 140 Mich App 323; 364 NW2d 322 (1985). We agree with this aspect of the Martin decision.
If, however, the trial judge reached the right result for a wrong reason, this Court will not change the result. Peninsular Construction Co v Murray, 365 Mich 694, 699; 114 NW2d 202 (1962); Durbin v K-K-M Corp, 54 Mich App 38, 46; 220 NW2d 110 (1974), lv den 394 Mich 789 (1975). We believe this to be so here.
Of course, the directive could not be considered an "interpretive statement” if it were inconsistent with the rules or contained provisions which went beyond the scope of the rules. Schinzel v Dep’t of Corrections, 124 Mich App 217, 220-221; 333 NW2d 519 (1983). We find no such inconsistency. The rules, like the directive, mandate examination and evaluation of prisoners and assignment of a security classification to each of them. R 791.4401(3). Classification is based on "behavior, attitude, circumstances, and the likelihood that the trust implicit with the level of security prescribed will be honored”. R 791.4401(1). In addition, classification is made "according to security requirements necessary for [the inmates’] protection, the safety of others, the protection of the general public, prevention of escape, and maintenance of control and order”. Id.; see, also, R 791.4410. The directive merely provides a means of determining the risk which might be posed to security by a given inmate.
"[A]n administrative agency need not always promulgate rules to cover every conceivable situation before enforcing a statute.” DAIIE v Comm’r
Affirmed. No costs, a public issue being involved.
See, also, MCL 791.206; MSA 28.2276. Plaintiff also claimed that application of the directive solely to male inmates constitutes invidious discrimination. This issue is not briefed on appeal. We consider it abandoned. Mitcham v Detroit, 355 Mich 182, 203; 94 NW2d 388 (1959).
Concurring Opinion
(concurring). I concur in the result, however, I do not believe the directive in question is controlled by MCL 24.207(g); MSA 3.560(107)(g). Kirkeby v Dep’t of Corrections, 141 Mich App 148; 366 NW2d 28 (1985). I would affirm based on Kirkeby.
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