Amended 4/28/05
JUDICIARY
April 14, 2005
Minutes
Members Present: Dianne Holman, Tina Weatherwax-Grant, Deb Nolan, Chris Swope, Randy Schafer, Steve Dougan and Board Chairperson Mark Grebner
Members Absent: None
Others Present: John Neilsen, Bob Sheehan, David Easterday, Anne Smiley, Nervy Oliver, Travis Faulds, Paul Elam, Matt Wojack, Sue LeDuc, Jim Paparella, Chuck Steinberg, Jim Hines, Judge Garcia, Judge Economy, Jared Cypher, Beth McLaughlin, Margaret Mays, Professor Taylor, Felix Sharpe, and others
The meeting was called to order by Chairperson Holman at 7:04 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the March 10 and March 31, 2005 Minutes
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE MARCH 10 AND MARCH 31 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comm. Weatherwax-Grant
Additions to the Agenda
2. Technical Adjustments
3. Substitute Resolution
4. Additional Information
1.Community Corrections Advisory Board – Presentation by the Jail Utilization Coordinating Committee (JUCC)
(The discussion that follows took place during the Law Enforcement Committee meeting in conjunction with this Committee.)
Chairperson Holman called the Judiciary Committee to order at 7:04 p.m. All Committee members were present at this time with the exception of Comm. Weatherwax-Grant.
Ms. Sabaj explained the JUCC is a spin off from discussions regarding jail over-crowding. JUCC meetings are held on a regular basis rather than on a crisis basis. Meetings are held every other month unless more meetings are necessitated.
The JUCC’s March 2005 Recommendations are contained in the agenda packet. The Recommendations include the request for a part-time Circuit Court/County funded position to provide assistance for Pretrial Services to enhance provided services and to reduce, where appropriate, Jail utilization for the Circuit Court pretrial population. Also, to implement an objective assessment process to be conducted by Pretrial Services to assist in identifying offender risk and needs and to help target appropriate pretrial supervision and treatment resources. Other Recommendations were reviewed.
Ms. Sabaj stated Recommendation number twelve recommends that the CCAB revise the Appendix A eligibility offense list to increase access to community programming and recommend that the Life Time Ban offense list also be revised by the BOC to increase the number of offenses for which a Judge may sentence an offender to probation residential services. Ms. Sabaj summarized the history of the Appendix eligibility list.
(Comm. Weatherwax-Grant arrived at 7:13 p.m.)
Due to neighborhood concerns regarding having a treatment facility near their homes, offenders are being released from jail early because they do not qualify for any treatment programs. Ms. Sabaj stated this topic will be scheduled for a future Law Enforcement meeting to discuss possible revisions to Appendix A.
Chairperson DeLeon asked about Recommendation number six: Revise the Probation Violation Response Guide. Ms. Sabaj explained this list is used by probation officers. The Guide has been approved by the MDOC and has been implemented. Judge Collette stated the County will probably never have a time without jail over-crowding. The CCAB has made significant impacts where possible. He further stated the JUCC will continue to meet to identify and address areas of concern.
The Committee continued their review of the Recommendations. Ms. Sabaj informed the Committee that the preliminary numbers for the HOPE program indicate a 90% program completion rate. Eligible participants who opted not to participate in the program equaled 62.5%. Also, there is a 70+% graduation rate. Thirty-seven percent of those who opted out of the program continue to do well. Ms. Sabaj stated the program has had amazing results.
In response to Comm. Swope, Ms. Sabaj explained that revising Appendix A could increase access to community programming.
Judge Collette spoke regarding the new Jackson facility for lower level offenders. He encouraged the Board of Commissioners to tour this facility.
Chairperson DeLeon stated this Committee will look forward to updated status reports regarding the JUCC’s 2005 Recommendations. Judge Collette stated the Committee members can contact him with
any questions or concerns. Chairperson Grebner stated any proposed changes to the Appendix A list should be submitted to this Committee.
(This Committee was called back to order at approximately 7:40 p.m.)
2. Youth Violence Prevention Coalition (YVPC)
a. Advisory Committee Recommendations
Mr.Way, YVPC, stated the YVPC supports the concept of developing local beds for youth. The proposal is conceptual in nature with many ideas. An assessment center is worthy of further review. Mr. Paparella, YVPC, stated it would be helpful to the YVPC if it had an analysis of what has been done to date with the Juvenile Justice Millage funds to meet the needs of youth in this County. He also asked if non-adjudicated youth would have access to a new assessment center. Mr. Paparella further stated he hopes to see these issues addressed in more detail.
Comm. Schafer stated a feasibility study would better inform an architect of the County’s needs. A community based facility is a wonderful idea.
Comm. Schor stated 24-hour access to care would be very helpful to youth without going through the court process. Comm. Schafer stated the County should consider all options for such a center including the use of an existing facility.
Comm. Weatherwax-Grant stated the County should look at the services which have come on line since the adoption of the Juvenile Justice Millage. The impact of these services should be considered when taking a next step. Mr. Elam stated youth have to leave our community to receive appropriate treatment. This has to change. Such treatment should be available locally.
Comm. Dougan asked if the Court could be patient while waiting for suggestions from the YVPC. Judge Garcia stated this would depend on how long the County wants to keep sending kids out of state for treatment. The Court’s goal is to bring home as many youth as it can, as soon as possible. He also expressed his concern that if the process is held up too long, the County will then be faced with renewing the Millage. Any new beds would be filled with youth who could come home tomorrow. Judge Collette stated the Court’s proposal is preliminary at this time. Additional data is needed before further steps are taken. The Court has seen tremendous improvements in service to youth through the Family Court since the adoption of the Millage.
Chairperson Grebner stated this Committee should consider a “Needs and Feasibility Study,” not just a “Feasibility Study.” Mr. Sheehan, CMH, stated it would be good to pursue all pertinent issues at once. The community is waiting for the County to be aggressive. Also, addressing the different needs at once would keep all interested parties at the discussion table.
Comm. Nolan stated the Michigan School for the Blind facility is for sale. This facility would be wonderful as a treatment facility. She then expressed her concern about hiring an architect when there are rental options available locally. Judge Garcia stated the old YMCA facility would also be an option to consider.
Chairperson Holman asked how the Committee would like to proceed at this time. Mr. Elam stated he agrees with Mr. Sheehan’s position of addressing the issues at once. All parties should remain at the table, including the Court. At this point information is not available which indicates the need for a new facility. Mr. Way also agreed that addressing the issues simultaneously makes sense. The current collaboration and discussions should continue. Chairperson Holman stated she can agree to a simultaneous review as long as all parties can maintain flexibility during the discussions.
Comm. Swope stated there are two aspects to the feasibility study. Those are the brick and mortar aspect and the size and capacity of a facility aspect. Ms. LeDuc stated she promised Mr. Dunnings that she would represent his views this evening. The Prosecutor feels police officers need a place to take youth when they have been arrested and the parents cannot be reached. Also, Mr. Dunnings has stated there is more serious gang activity in the County.
b. Continuum of Care for Youthful Offenders:
i. Jurisdictional Planning Assistance
ii. System of Care Guidelines
iii. The Comprehensive Strategy Continuum
iv. Continuum of Care for Youthful Offenders in Ingham County (COCYO)
v. Narrative for COCYO Model
An informational sheet “Continuum of Care for Youthful Offenders in Ingham County” was distributed to the Committee at this time. Mr. Elam reviewed the data contained in this information. The YPVC would like to stop the influx of youth entering the system and to reduce costs. Ms. Mays applauded the fact that several entities are collaborating in this issue. Early entry services would be helpful and earlier removal from homes when appropriate would also be helpful. Ms. Mays stated she is a firm believer that a Continuum of Care can make a big difference in the lives of our youth.
Comm. Schafer stated he is very impressed with the information presented this evening, and he is ready to vote on agenda item three.
Mr. Sharpe, State of Michigan-Bureau of Juvenile Justice, stated he was present this evening to indicate his department’s support for a treatment-based facility. Also, his department will work with counties during the next five years to assist with Child Care Fund issues.
Chairperson Holman stated she wants to also address residential needs, not just day treatment. Mr. Sharpe stated a treatment-based facility, from his department’s point of view, would include day treatment for at risk youth who have not been delinquent. This discussion continued.
Mr. Faulds, Ingham County Youth Center, stated it is very important to realize that a continuum of care concept should be a collaboration between many entities. Chairperson Grebner asked about the recent capacity at the Youth Center. Mr. Faulds stated the Center’s capacity continues to be at or below capacity since August 2004.
Chairperson Holman expressed her appreciation for the entities brought together by the YVPC to address the continuum of care concept.
3. Circuit Court/Family Division – Substitute Resolution to Authorize Controller to Advertise for and Seek Proposals for a Feasibility Study for a Juvenile Treatment Center
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE SUBSTITUTE RESOLUTION TO AUTHORIZE CONTROLLER TO ADVERTISE FOR AND SEEK PROPOSALS FOR A FEASIBILITY STUDY FOR A JUVENILE TREATMENT CENTER.
Judge Garcia explained the Court is looking for a nominal amount of money to bring in professionals to address the concept of a new facility, and how it would relate to specific programs. It is very important to start this process today.
Comm. Nolan expressed her concern that the County should also consider use an existing County-owned facility or rent an existing facility. Judge Garcia stated the Court agrees that all options should be considered.
Comm. Nolan stated she, Comm. Dougan and others toured the new Washtenaw facility recently. She was not impressed with the nature of the facility. This County’s facility should not be a high security facility. Judge Garcia assured Comm. Nolan that the Court does not propose to construct another detention facility.
Chairperson Grebner restated his suggestion of amending the substitute Resolution to indicate that a needs study should also be conducted. Comm. Weatherwax-Grant distributed a copy of the substitute Resolution with her proposed amendments to the Committee. She reviewed her proposed amendments which includes a needs study. The Committee held a discussion regarding the proposed amendments.
Proposed Amendments from Comm. Weatherwax-Grant, Chairperson Grebner and staff:
(The bold and italicized language are amendments to the Substitute Resolution.)
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO AUTHORIZE CONTROLLER TO ADVERTISE FOR AND
SEEK PROPOSALS FOR A FEASIBILITY AND NEEDS STUDY FOR A JUVENILE TREATMENT CENTER
RESOLUTION #05‑
WHEREAS, a Juvenile Millage was approved by the voters of Ingham County in November of 2002 for the purpose of funding an increase to Ingham County’s capacity to detain and house juveniles who are delinquent or disturbed, and to operate new and existing programs for the treatment of such juveniles; and
WHEREAS, the 30th Circuit Court/Family Division has developed a proposal to conduct a Feasibility and Needs Study as the first step for the possible development of a treatment facility to increase the capacity of the County to detain and treat delinquent and disturbed youth which the court believes to be consistent with the provisions of the millage (recently – removed) approved by the voters; and
WHEREAS, the Ingham County Board of Commissioners, at the request of the Ingham County Family Court Judges, the YVPC and the Ingham County Human Services Advisory Committee, desires to conduct a Feasibility and Needs Study for the possible development of a treatment facility for Ingham County Delinquent and disturbed youth, including low, moderate and high risk youth; and
WHEREAS, the study would be done in cooperation with the Ingham County Family Court, the YVPC and the Ingham County Human Services Advisory Committee and would include a review of:
the appropriate number of beds,
the type of treatments and programming to be included at the facility,
the adequate site, size, staffing and location of such a facility,
the review of treatment needs which remain unmet,
the review of programs and facilities already available in the County,
the type of community partners to offer services at the facility.
THEREFORE, BE IT RESOLVED that the Ingham County Board of Commissioners authorizes the Ingham County Controller to work with Juvenile Division staff to develop a Request for Proposals to conduct a Feasibility and Needs Study for the possible development of a treatment facility for Ingham County delinquent and disturbed youth as outlined in the "Continuum of Care Facility" plan submitted by the Family Court.
BE IT FURTHER RESOLVED, that the County Controller is authorized to expend up to $30,000 from Juvenile Justice Millage funds for such purposes and to amend the appropriate budgets
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any contract documents with a approved vendor not to exceed $30,000 as prepared by or approved as to form by the County Attorney consistent with this resolution.
-----------------------------------
Chairperson Holman asked if the needs could be determined in-house. Comm. Weatherwax-Grant stated the person conducting the needs and feasibility study should work closely with the County, the Court and the YVPC. She further stated the County should not build a facility which would only be focused on high-risk youth. Judge Garcia stated he believes there is a person who could conduct both aspects of the study.
Chairperson Grebner explained the next step would be to issue RFP’s with a ballpark figure and wait to see what responses are received.
Mr. Faulds stated the Court and the Continuum of Care committee have discussed the fact that a new facility would not address low-risk youth. It would provide service to high-risk, per the YLS, youth who would normally be placed out of state. Comm. Weatherwax-Grant stated her concept also involves serving low and moderate risk youth, parenting courses, meeting the vibrant needs within this community, and addressing those needs which cannot be served at this time. comm. Nolan stated she agrees with Comm. Weatherwax-Grant’s concept. She then stated she was not sure that all parties were talking about the same type of facility.
The proposed amendments were accepted by the Committee as Friendly Amendments to the Substitute Resolution.
Chairperson Holman expressed her concern that any new beds should be set up in a way which allows for future upgrades and planning.
Mr. Neilsen stated the County Attorney reviewed the Substitute Resolution and stated the language was specific enough to meet the requirements of the Juvenile Justice Millage. The addition of the first WHEREAS paragraph (above) addressed this issue.
Substitute Resolution as Amended: CARRIED UNANIMOUSLY.
4. Controller’s Office
a. Discussion of 2006 Budget Guidelines
Mr. Neilsen distributed a draft resolution and attachments to the Committee for their review. He stated that any further suggestions from this Committee should be transmitted to him prior to the next Judiciary Committee meeting. The 2006 Budget does not have sufficient funds to meet the needs of all departments. This Committee will have an opportunity to redirect some funds from one area to another area. Comm. Dougan stated the resolution should be clear that the priorities are not listed in priority.
Mr. Neilsen encouraged the Committee to review the information they received this evening. A draft resolution will be submitted during the next round for consideration.
b. Discussion of 2006 Update of County Fees
Mr. Neilsen explained the County Fees are reviewed on an annual basis. Regarding the courts, this Committee can only make suggestions pertaining to fees. Comm. Schafer stated his concern that this Committee is responsible for reviewing many fees. Many people can pay fees for their Court services. This Committee should be firmer in working with the courts to levy close to the actual cost of the services. When possible, people should help to offset court costs.
Mr. Neilsen explained the process used in determining the targeted percentages. The Committee held a general discussion regarding the fees. Chairperson Grebner stated he was involved in a discussion earlier today regarding a possible merge between 55th and 54-B District Courts. There is a concern that the fines and costs for each court are so different from each other. East Lansing manages to receive more money from traffic offenders than the 55th District Court. The 55th District Court will be back before this Committee for additional funds. It will request additional personnel to staff the Meridian Township arrangement. This Committee should remember the Court’s stand on fees when it comes before us to request additional funding.
Comm. Swope stated there is a concern of some people that the target percentages are set too low. The idea of establishing fees for County services was to get closer to the target percentages. Comm. Schafer asked Mr. Neilsen if he could speak with the 55th District Court regarding this Committee’s concerns relating to their fees. Comm. Dougan expressed his agreement with Comm. Schafer’s previous statement.
5. Board Referral – Resolution from County of Newaygo in Support of the Michigan Youth Correctional Facility
The Board Referral was received and placed on file.
Announcements: None
Public Comment: None
The meeting adjourned at 9:37 p.m.
Respectfully submitted,
Debra Neff