Approved 6/16/05
LAW ENFORCEMENT
May 12, 2005
Minutes
Members Present: Deb Nolan, Dale Copedge, Marc Thomas, Randy Schafer, Don Vickers and Board Chairperson Mark Grebner
Members Absent: Debbie DeLeon
Others Present: John Neilsen, Matthew Myers, Mary Sabaj and Steve Dougan
The meeting was called to order by Vice Chairperson Nolan at 6:00 p.m. in the Personnel
Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the April 28, 2005 Minutes
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE APRIL 28 MINUTES AS PRESENTED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. DeLeon
Additions to the Agenda
3. Resolution to Support the Establishment of the Ingham County Sheriff’s Office Volunteers Motorcycle Unit
4. Memorandum from the Ingham County Prosecutor’s Office
Limited Public Comment: None
1. Community Corrections Advisory Board – Resolution to Amend Resolution #99-237 to Expand the Subcategory of 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
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION TO AMEND RESOLUTION #99-237 TO EXPAND THE SUBCATEGORY OF OFENSES 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.
Ms. Sabaj stated the Board of Commissioners adopted Resolution #99-237 which precludes offenders who have ever been convicted of a listed offense from receiving residential services in this County. The Board amended the Resolution in December 2000 and established a subcategory of listed offenses for which an exception can be made in cases where the sentencing Judge determines that the unique circumstances of the case ensure that the public safety is not at risk.
The Jail Utilization Coordinating Committee (JUCC) requested the CCAB to review and recommend revisions to the list of offenses on January 6, 2005. The JUCC recommendation was made for the purpose of further reducing the number of offenders for which treatment in a local probation residential setting is not an option. On January 11, 2005 the CCAB appointed a subcommittee which included Circuit Court, Adult Probation, Prosecutor’s Office, and Community Corrections representation to review and recommend modifications.
The CCAB received the subcommittee’s recommendations and then unanimously approved the following recommendations for the Law Enforcement and Judiciary Committees’ consideration:
A. The CCAB first recommends that all listed offenses and text that are bolded be removed from the Resolution - Attachment A.
This would include the removal of:
1) Listed Offenses that were asterisked pursuant to Resolution #00-286;
2) Additional Offenses listed that are bolded and not asterisked; and
3) The text setting forth the criteria for asterisked offense exceptions.
B. If the Law Enforcement and Judiciary Committees determine that subcategory offenses should not be removed from the list, the CCAB recommends the additional bolded offenses be asterisked and added to the subcategory of offenses established in Resolution #00-286 (see Resolution - Attachment B.)
Ms. Sabaj explained that Attachment A precludes participation in local residential treatment if a current crime is on this list. The Life Time Ban means a person will not ever receive residential treatment services within Ingham County. She stated there are not a large number of people being sent out of the County for treatment as a result of the list; however, there is enough to warrant reconsideration of the list. People who are sent out of the County for the treatment do return to this community where they are not eligible for any additional treatment.
Comm. Vickers asked what criteria were used in determining the offenses to be included on the list. Ms. Sabaj explained the subcommittee has had a lot of experience in this area. The CCAB understands the necessity of providing treatment where appropriate. Probation Officers, the sentencing Judge and the CCAB determine the appropriate sentences for offenders.
Comm. Thomas asked why Criminal Sexual Conduct offenders are not eligible for treatment. Ms. Sabaj explained treatment for these offenders are not funded through PA 511. The CCAB is currently looking at grant opportunities for the treatment of those offenders. Comm. Thomas also asked for information regarding other counties with similar offense lists; and, if these lists include large numbers of offenses which are ineligible for treatment. Ms. Sabaj stated her impression that Ingham County is one of the most restrictive counties in this regard. Many counties’ Probation Officers and Judges determine sentences. She further stated that, in her opinion, residents were not in any greater danger before the offense list was developed.
Comm. Thomas asked Comm. Schafer for his opinion on this issue prior to the development of the list. Comm. Schafer stated the list evolved from discussions regarding the Probation Residential Center which is located in Mason. Many concerns were raised during the initial discussion regarding placing the Center in a residential area. Comm. Schafer further stated he is prepared to support the CCAB’s recommendation. The CCAB has proven itself over the past several years.
This discussion continued. Ms. Sabaj stated the House of Commons was in a residential area prior to 1999. The local police were never called regarding a problem at the House of Commons. She further stated she does not fear the people who are placed in residential treatment because the people have been thoroughly screened by Probation Officers and the Court. Comm. Schafer recommended the Committee approve this Resolution and then review this situation in a few years.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO AMEND THE PREVIOUS MOTION BY APPROVING THE ADDITION OF ATTACHMENT TO THE RESOLUTION TO AMEND RESOLUTION #99-237. MOTION CARRIED UNANIMOUSLY. Absent: Comm. DeLeon
Chairperson Grebner explained that the list was developed due to political actions at the time.
Comm. Thomas asked if approving this Resolution would have any big changes on how offenders will be sentenced. Ms. Sabaj stated she believes the changes will only give the Court more sentencing opportunities.
MAIN MOTION as amended: CARRIED UNANIMOUSLY. Absent: Comm. DeLeon
2. 911 Advisory Board - Resolution Authorizing Five Year Contracts with SBC for T-1 Communication Lines for the Ingham County Radio Communications System Project
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. THOMAS, TO APPROVE THE RESOLUTION AUTHORIZING FIVE YEAR CONTRACTS WITH SBC FOR T-1 COMMUNICATION LINES FOR THE INGHAM COUNTY RADIO COMMUNICATIONS SYSTEM PROJECT. MOTION CARRIED UNANIMOUSLY. Absent: Comm. DeLeon
3. Sheriff’s Office – Discussion of Volunteers Motorcycle Unit and Resolution to Support the Establishment of the Ingham County Sheriff’s Office Volunteers Motorcycle Unit
Mr. Myers explained the Sheriff’s Office has considered the implementation of a motorcycle unit for the past few years. The Office has been meeting with several individuals over the past six months. These individuals had expressed an interest in becoming Volunteers for the Office and establishing a Volunteers Motorcycle Unit. As a result of continued positive feedback concerning a Volunteers Motorcycle Unit, the Office began to accept applications to determine if people were seriously interested in this issue. Approximately eight applications were received, and as a result, policies were established to develop the Volunteers Unit. Mr. Myers stated the policies have been reviewed by Corporate Council.
The first group of Volunteers has successfully completed motorcycle training. This training involved two-weeks at MSU. Upon completion of this training, the Office has begun instruction for these Volunteers in areas such as firearms, defensive tactics, laws of arrest and search and seizures. Once this training has been completed, the individuals will be sworn in as “Special Duties” of the Ingham County Sheriff’s Office as part of the newly established Volunteer Motorcycle Unit (Volunteers).
Mr. Myers stated the Volunteers in the Unit will purchase their own motorcycles and uniforms at no cost to the County. The Volunteers will operate in a similar manner as the Volunteer Mounted Division. This Unit will mainly provide public relations between the Office and the community. Insurance issues have been addressed.
In response to Comm. Schafer, Mr. Myers stated the Unit will be on an “on call” basis and they will hold regularly scheduled meetings. Comm. Thomas asked what a Volunteer would do if he was near a crime and regular police officers were not in the near vicinity. Mr. Myers stated the Volunteer would call the Sheriff’s Office to report the crime. In a life threatening situation, Mr. Myers stated he would expect the Volunteer to act as any citizen would in the same situation.
Comm. Thomas expressed his concern that residents will observe the Volunteer Unit as a division of the Sheriff’s Office, but it will not respond to a crime. Mr. Myers stated if a resident has such a concern he/she should be directed to contact him for further information. He would be happy to inform residents of the purpose of the Unit.
Chairperson Grebner stated his thought that many of the Volunteers are retired police officers. Mr. Myers stated the Mounted Division does not include any retired police officers. These individuals only want to help the Office.
Comm. Vickers stated he believes many people see the Mounted Division as a community support group. The Division assists with area fairs and parades. Comm. Thomas stated his concern that residents would consider the Unit to be police officers. He then stated he would prefer the Volunteers not carry weapons. Mr. Myers stated there are people who are bound to view the Volunteers as regular police officers. The Mounted Division has been in existence for 25 years and has never had any negative experiences.
Comm. Thomas stated this discussion has led him to more concerns regarding this matter. Comm. Schafer explained the Volunteers receive a lot of training. The Ingham County Sheriff’s Office is also very strict about who they select to be representatives of the Office.
Comm. Vickers stated he is confident the Office would only select the appropriate people to represent the Office and to carry weapons. Comm. Copedge asked what duties the Volunteers would have at specific functions. Mr. Myers explained the Volunteers would be placed at traffic points during a parade for the purpose of directing traffic. Volunteers must have clean drivers licenses and must not have any drug charges. Mr. Myers stated the Volunteers must undergo the same drug tests as the Officers.
Comm. Thomas asked why the Volunteers would be trained in emergency tactics if they are not to perform such duties. Mr. Myers explained it is very important for the Volunteers to have an understanding of the law. The Volunteers are very well supervised and they can be let go for any reason.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION TO SUPPORT THE ESTABLISHMENT OF THE INGHAM COUNTY SHERIFF’S OFFICE VOLUNTEERS MOTORCYCLE UNIT. MOTION CARRIED with Comm. Thomas voting NO. Absent: Comm. DeLeon
4. Controller’s Office – Resolution Updating Various Fees for County Services
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. VICKERS, TO APPROVE THE RESOLUTION UPDATING VARIOUS FEES FOR COUNTY SERVICES.
Mr. Neilsen explained this Committee had tabled this item from a previous meeting due to concerns regarding fees for the Prosecuting Attorney’s Office. A May 12, 2005 memorandum from the Prosecutor’s Office was distributed to the Committee. The memorandum contained the Office’s rationale for their proposed fees. Comm. Schafer stated he still thinks the Office’s fees are off-base, however, he knows he will not change the Office’s position.
MOTION CARRIED UNANIMOUSLY. Absent: Comm. DeLeon
Announcements: None
Public Comment: None
The meeting adjourned at 7:06 p.m.
Respectfully submitted,
Debra Neff