Introduced by Commissioners Pratt and Smiley:

INGHAM COUNTY BOARD OF COMMISSIONERS

WHEREAS, the Michigan Community Corrections Act of 1988 (PA511) authorizes the establishment of a Community Corrections Advisory Board (CCAB) and Community Corrections programming; and

WHEREAS, Ingham County and the City of Lansing formed a joint CCAB in 1990; and

WHEREAS, a Comprehensive Community Corrections Plan and annual FY2000-2001 Application were approved by the Community Corrections Advisory Board, Ingham County Board of Commissioners, the Lansing City Council, and the State Office of Community Corrections; and

WHEREAS, the Comprehensive Community Corrections Plan and annual Application include probation residential treatment services in the continuum of PA511 funded programming; and

WHEREAS, on September 21, 1999, Ingham County Board of Commissioners passed Resolution #99-237 which permanently precludes probation residential eligibility for offenders who have been convicted of certain offenses; and

WHEREAS, the effect of the resolution is to permanently deny probation residential substance abuse treatment to offenders who have ever been convicted of one of the listed offenses; and

WHEREAS, data collected since Resolution #99-237 was passed demonstrate that there were a significant number of Ingham County convicted offenders who were precluded pursuant to Resolution #99-237 from receiving treatment at a local probation residential treatment program; and

WHEREAS, the data also demonstrates that the precluded offenders were sentenced to and accepted by probation residential facilities outside of Ingham County because the sentencing judge, having considered the unique circumstances of those cases, did not consider those offenders to be a public safety risk; and

WHEREAS, Community Mental Health, the substance abuse treatment provider for the local House of Commons - Probation Residential Treatment Program, has reviewed this data, as well as their own, and recommends that Resolution #99-237 be amended in order to increase the number of offenders eligible to receive local treatment, who are not considered to be a public risk by the sentencing judge, in order to ensure public safety by providing necessary treatment and to ensure the program= s stability and, therefore, its ability to provide quality treatment; and

WHEREAS, the CCAB has reviewed the data and the recommendation of Community Mental Health regarding the impact of Resolution #99-237 on the House of Commons Program and on the local correction system= s ability to provide necessary substance abuse treatment to offenders who will return to our local community without having received necessary treatment; and

WHEREAS, based on this review, the Community Corrections Advisory Board recommends that Resolution #99-237 be modified to establish a subcategory of the listed offenses for which a judge may sentence an offender to probation residential services within Ingham County provided that the unique circumstances of the case ensure that the public safety is not at risk.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves amending Resolution #99-237 to establish a subcategory of offenses (see Resolution Attachment) for which a judge may sentence an offender to probation residential services within Ingham County provided that the unique circumstances of the case ensure that the public safety is not at risk.

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Paul C. Pratt

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Anne Smiley