JUDICIARY

Approved 6/16/05

JUDICIARY

May 12, 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, Jim Pahl and Dave Ferguson

The meeting was called to order by Chairperson Holman at 7:08 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. SWOPE, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE APRIL 28 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY.

Additions to the Agenda

4. Additional Information – Memorandum from Mr. Oliver regarding Juvenile Division Court Fees

5. Update on Request for Proposals to Conduct a Feasibility and Needs Study – Informational

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. WEATHERWAX-GRANT, 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 WITH ATTACHMENT A.

Comm. Schafer stated he strongly supports the recommendation of the CCAB. The Law Enforcement Committee approved this item unanimously earlier this evening.

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.

In response to Comm. Swope, Ms. Sabaj stated the list was created locally. This list gives the Court discretion to make determinations based on its best judgment. Comm. Swope suggested the list be simplified. Ms. Sabaj stated the alternative list could be used with the notation that offenders can not be placed in Holden House or Glass House.

Comm. Nolan stated the Law Enforcement Committee discussed this issue and its background earlier this evening. During that meeting it was explained that the list was developed during an election year. Comm. Swope stated residents are aware of the list and they would want to know of any changes to the list.

Ms. Sabaj explained the community perception was nurtured and wasn’t entirely accurate during the initial discussions of the PRC. It is very difficult to change people’s perceptions. Proposed changes to the list would give the Court some discretion when sentencing offenders. Comm. Swope stated the asterisked offenses should be directed to the House of Commons.

Chairperson Grebner stated the House of Commons has very specific admission criteria. He then stated he thought, when the list was first approved, that it would be revisited at a later date. Chairperson Grebner agreed with Comm. Swope that residents should be informed if any changes are to be made to the list. The initial debate on this issue was largely illegitimate. The County’s goal is to run an efficient court system. Chairperson Grebner recommended the Committee approve Attachment A and that it also invite interested citizens to come before this Committee regarding the proposed changes.

Comm. Swope stated he would feel more comfortable engaging the community in a dialogue prior to voting on this item. Comm. Schafer explained that most of the initial discussion was in regard to the proposed placement of the Probation Residential Center. The CCAB has become a justified organization over time. Approving this Resolution would only improve the community. This should not become a political issue.

Ms. Sabaj stated the Community Corrections eligibility criteria will remain in place if this item is approved. She then stated some offenses should not preclude people from beneficial treatment for a different offense in the future. To date, a Judge has not wanted to sentence a person to treatment who was not eligible.

MOVED BY COMM. SWOPE, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO TABLE THIS ITEM UNTIL THIS COMMITTEE HAS HAD DIALOGUE WITH THE EFFECTED COMMUNITIES.

Comm. Swope withdrew his motion to Table. Comm. Weatherwax-Grant withdrew her support of the motion to Table.

MOVED BY COMM. SWOPE, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO AMEND THE MAIN MOTION BY APPROVING THE RESOLUTION WITH ATTACHEMENT B AND THE ADDITION OF THE FOLLOWING LANGUAGE TO THE ASTERIKED PORTION OF THE ATTACHEMENT: PERSONS WHO HAVE BEEN CONVICTED OF OFFENSES WITH ASTERISKS WILL BE PLACED IN THE HOUSE OF COMMONS PROGRAM WHEN APPROPRIATE.

Chairperson Holman suggested language be added to the list which would include the notification to the community of any future changes to the list. Comm. Weatherwax-Grant stated some of the offenses on the list are very serious. She then stated she respects the Board’s recent commitments to the public. Ms. Sabaj explained the proposed changes would not have much effect on Glass House and Holden House.

Comm. Nolan stated she supported the Resolution with Attachment – A during the Law Enforcement Committee earlier this evening. She will support the same during this meeting.

MOTION TO AMEND FAILED with Comms. Nolan, Schafer and Holman voting NO.

MAIN MOTION CARRIED with Comms. Weatherwax-Grant and Swope voting NO.

3. IJIS/Sheriff’s Office – Resolution to Implement a Patrol Vehicle Electronic Citation System for the Ingham County Sheriff’s Office

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. DOUGAN, TO APPROVE THE RESOLUTION TO IMPLEMENT A PATROL VEHICLE ELECTRONIC CITATION SYSTEM FOR THE INGHAM COUNTY SHERIFF’S OFFICE.

Mr. Neilsen explained this item was tabled at this Committee’s last meeting due to concerns. Mr. Myers, Ingham County Sheriff’s Office, explained that currently, traffic tickets are manually inputted into the system and then the information is transmitted via courier to the appropriate Court. The Citation System would provide computer-generated information and that information would automatically be sent to the Court through the computer system.

Comm. Swope asked what the County would receive for the $64,000 cost of this item. Mr. Ferguson stated the County would receive software licenses, a citation printer and one-year’s worth of maintenance for 35 pieces of equipment and software. The additional cost for 35 driver license card swipe readers will cost approximately $7,000. Mr. Ferguson explained the annual maintenance cost of $6,647.50 would be absorbed by the Sheriff’s Office budget once the warranty period is over.

Mr. Ferguson further explained the new system would provide a computer generated ticket which should increase the efficiency of the information contained on the ticket. Comm. Swope asked about the cost of the next phase of the project. Mr. Ferguson explained the next phase would provide for the electronic transfer of citation data to the 55^th District Court for automatic case initiation. The cost of this phase is unknown at this time. This information has been requested.

Mr. Pahl, 55^th District Court, explained the computer-generated tickets will be much easier to read. He distributed a hand-written and a computer-generated ticket to the Committee for their review.

Comm. Schafer stated this system would take the County from the slide-rule age to the technological age. He strongly supported this item. Comms. Weatherwax-Grant and Swope expressed their appreciation to Mr. Ferguson for attending this meeting during his vacation time. They also thanked staff for the clarifying information they received this evening. Comm. Swope recommended that MAC be informed of the County’s use of the citation system if it is successful.

MOTION CARRIED UNANIMOUSLY.

2. Friend of the Court – Discussion on CSES Provided “Personal Computers and Printers”

Mr. Neilsen stated he will keep this Committee up to date on this matter.

4. Controller’s Office – Resolution Updating Various Fees for County Services

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE RESOLUTION UPDATING VARIOUS FEES FOR COUNTY SERVICES.

Comm. Schafer stated he had asked for additional information regarding traffic and Show Cause hearing fees. His concerns were addressed by Mr. Nervy in a memorandum to Mr. Neilsen, dated May 9, 2005. Comm. Schafer stated he will raise the same questions again next year.

MOTION CARRIED UNANIMOUSLY.

5. Information Item Regarding Adopted Resolution Authorizing the Controller to Advertise for and Seek Proposals for a Feasibility and Needs Study for a Juvenile Treatment Center

Mr. Neilsen stated he has requested feedback from the Human Services Advisory Committee, the YVPC and the Court on this issue. Once the feedback is received, staff will draft an RFP. Chairperson Holman stated this item was placed on the agenda to keep this Committee up to date on this matter.

Announcements: None

Public Comment; None

The meeting adjourned at 8:20 p.m.

Respectfully submitted,

Debra Neff