Amended 2/12/04

JUDICIARY COMMITTEE

January 29, 2004

Minutes

Members Present: Tina Weatherwax-Grant, Dianne Holman, Mark Grebner and Randy Schafer (Chairperson Victor Celentino was not present)

Members Absent: Calvin Lynch and Mary Stid

Others Present: John Neilsen, Joyce Dragonchuck, Judge Brennan, Eva Higgins, Rodney Taylor, Beryl Fenger and Christine Timmons

The meeting was called to order by Chairperson Weatherwax-Grant at 7:32 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.

Approval of the January 15, 2004 Minutes

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. GREBNER, TO APPROVE THE JANUARY 15 MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY. Absent: Comms. Lynch and Stid

Additions to the Agenda

Resolution to Approve the Resolution Congratulating the Michigan Alternative Athletic Association and the Crossroads Program at Peckham Vocational Industries on their 4^th Annual Crossroads Mid-Winter Basketball Classic

MOVED BY COMM. GREBNER, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE

RESOLUTION CONGRATULATING THE MICHIGAN ALTERNATIVE ATHLETIC ASSOCIATION AND THE CROSSROADS PROGRAM AT PECKHAM VOCATIONAL INDUSTRIES ON THEIR 4^TH ANNUAL CROSSROADS MID-WINTER BASKETBALL CLASSIC. MOTION CARRIED UNANIMOUSLY. Absent: Comms. Lynch and Stid

Limited Public Comment

Ms. Timmons expressed her happiness regarding this Committee's last meeting. She then addressed her concerns regarding which organizations would qualify for the Juvenile Justice Millage funds.

55^th Drug Court - Judge Brennan, Beryl Fender (Chief Probation Officer), and the New Drug Court Probation Officer, Eva Higgins, will be presenting the Drug Court Operations Manual and Answering Questions

Ms. Fenger stated the Drug Court began this month with grant monies from the Edward Byrne Memorial Fund as well as 25% matching funds from the State Court Administrator's Office. The

55^th District Drug Court (Court) will be in session each Thursday afternoon. It will consist of the Judge, Defense Attorney, Assistant Prosecutor, Drug Court Probation Officer, Drug Court Coordinator and counseling representatives who will meet prior to each court review hearing.

The majority of Court participants will be OUIL 2^nd offenders. Other participants will be admitted as space allows. Participants must meet the criteria for significant alcohol/drug problems, and must not have a history of violent crime.

Ms. Fenger further explained the Court will hold its participants accountable for his/her actions and it will also support him/her in overcoming addiction. The goals of the Court are achieved through a supportive, non-adversarial judicial environment. Incentives are included in the Court plan to encourage progression through each phase. Sanctions are also used and shall be immediate and consistent on a graduated basis, including incarceration.

The Court program length will be a minimum of 48 weeks. The participants will graduate at the end of the 48-week program if he/she has adhered to the program quickly and has remained abstinent from alcohol and other drugs through this time frame. Participants must comply with all program conditions. Each of the four phases of the program is a minimum of 12 weeks in duration. Participants will be required to meet with the Court Judge on a bi-weekly basis during Phase one. Once monthly during Phase II. Twice during Phase III. Finally, they will meet with the Judge once prior to their graduation during Phase IV. Following successful completion and graduation from the Court program, participants will remain on a non-reporting probation status for three to twelve months.

In response to Comm. Schafer, Judge Brennan outlined the costs associated with being arrested for drunk driving. Treatment and attorney costs are also imposed on the participant. Total costs could be approximately $5,000. Ms. Fenger explained probation fees are imposed as are treatment costs which could run an additional $650 to $800. Comm. Schafer stated he would inform his students of these costs. Ms. Fenger also stated Mothers Against Drunk Driving and GLADD are very supportive of the Court.

Comm. Schafer commended the Drug Court Team for the development of the Drug Court. He stated he was very impressed with tonight's presentation.

Judge Brennan stated Ms. Fenger originally introduced him to the drug court concept. He then expressed his appreciation to Ms. Higgins and the many other good people on the Team. Judge Brennan stated he is very proud that 55^th District Court has the first drug court in Ingham County. Hopefully, the Circuit Court will be on board with this program in the future.

Judge Brennan explained to the Committee that there will be disparities in how people are sentenced in the Drug Court from those sentenced in the other district Courts. Also, a grant application has been submitted for up to $450,000 in federal funds for the continuation of the program for three years. Awards will be made in October 2004.

Comm. Grebner expressed his opinion that the Drug Court is more of a sobriety court than a drug court. Ms. Fenger agreed with Comm. Grebner's statement. The Drug Court is not primarily focused on drug abuse.

Ms. Fenger informed the Committee that the review hearings are open to the public. Staffing meetings, however, are private. This discussion continued. Ms. Fenger stated participants must be at least seventeen years old to qualify for the Court program. Judge Brennan stated the Prosecutor makes the first determination regarding people who may qualify for Drug Court. Participants will enter the Court approximately three weeks from the date of his/her arrest. Ms. Fenger stated the normal process is three to six months.

Chairperson Weatherwax-Grant stated the program's data collection will be very helpful to the Board. She then formally recognized the members of the Drug Court Team.

Mr. Neilsen stated the Board would like to conduct a joint press release with the Drug Court regarding the roll out of its program. Ms. Fenger stated the Lansing State Journal is very interested in following this program. Mr. Neilsen stated he would collaborate with the Drug Court to determine an appropriate time for the press release.

Commissioner Schafer - Information Item - Lansing State Journal - "Article Offers At-Risk Youth a Second Chance," Sunday, January 18, 2004

Comm. Schafer informed the Committee that he believes there are some viable uses for the juvenile program outlined in the January 18 article. Mr. Neilsen stated the Drug Court is aware of this program.

Announcements

Chairperson Weatherwax-Grant stated she emailed a tentative schedule for meeting discussions for the year to the Commissioners.

Public Comment

Ms. Timmons stated she enjoyed the Drug Court presentation and that she was glad the program is for adults.

The Committee adjourned at 8:54 p.m.

Respectfully submitted,

Debra Neff