Approved 5/11/06

JUDICIARY

April 27, 2006

Minutes

Members Present:         Tina Weatherwax-Grant, Dianne Holman, Deb Nolan, Rebecca Bahar-Cook, Randy Schafer, Steve Dougan and Board Chairperson Victor Celentino

Members Absent:         None

Others Present:             John Neilsen, Rodney Taylor, Maureen Winslow, David Easterday, Lois Lee, Travis Faulds, Bob Sheehan, David Stoker, Nervy Oliver, Judge Lawless, Judge Baird, Dale Copedge, Kathy Davis, Al Way, Cindy Anderson, Becky Lopez, Paul Elam, Mike Botke and others

The meeting was called to order by Chairperson Weatherwax-Grant at 7:44 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.

Approval of the March 30, 2006 Minutes

MOVED BY COMM. BAHAR-COOK, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE MARCH 30 MINUTES AS SUBMITTED.  MOTION CARRIED UNANIMOUSLY.

Additions to the Agenda:           None

Limited Public Comment:          None

2.         Circuit Court/Family Division – a Continuum of Care Facility Providing Community-based Programming for Youth

Judge Lawless stated the Court developed a workgroup to review the information from the risk assessments and the recent Chinn study.  From this review, the Court has made its recommendations regarding a continuum of care model.  Mr. Faulds has worked a great deal on the Court’s proposal.  Judge Lawless further stated the Court has had opportunities to meet with a number of service providers in order to obtain their feedback regarding the Court’s recommendations.  Many of those providers are present this evening. 

Mr. Faulds stated he had previously provided this Committee with an electronic copy of the Court’s proposal.   He then distributed printed copies of the report to the Committee.  Mr. Faulds explained the proposal focuses primarily on one target area which continuously pops up in studies and case reviews.  The Court believes that a continuum of care program should include an educational component.  This is the major premise of the court’s proposal.  Mr. Faulds stated 71% of juveniles served by the Court are having difficulties in school.  This is a target area of future recidivism. 

To reduce recidivism and to improve rehabilitation, the Court proposes to operate a community-based program in a school-like setting with our community partners.  The goal of the facility would be to keep adjudicated youth in their homes, in their schools and on track to graduate with a high school diploma.  Youth who have been suspended or expelled will be provided the skills necessary to return to school and to be successful. 

Mr. Faulds stated the Court would operate an Alternative Day School for up to 30 youth not currently served by their home district.  This School would initially start with approximately 15 youth and would increase that number to 30 over time.  The Court would also operate an After School Program for up to 30 youth who must improve and maintain good standing in their home district.  Community partners will provide Family Assessment and Treatment Services on site to the youth as well as to others. 

Comm. Schafer asked if the Court has selected a site for the proposed programs.  Mr. Faulds stated a site has not been selected; however, the Court has some ideas of what it believes would be an appropriate site/facility.  Comm. Schafer stated the Howell School District offers the Options Program which is funded mainly through the State.  He will provide this information to Mr. Faulds. 

Mr. Faulds explained a co-located, community based facility would address many of the needs identified by the Youth Center, the Center for Criminal Justice Research, Chinn Planning, the Community for Youth and other community-based organizations.  Housing multiple agencies in one large site has numerous advantages for the youth and their families. 

Chairperson Celentino asked for the grade levels that would be included in the proposal.  Mr. Faulds explained 14 – 16 year olds would be served.  Teachers with specific qualifications would be required to meet the needs of the youth.  The local school districts would be relied on heavily for the educational component of the proposal. 

The Chinn study contained several recommendations.  The Court will focus on two of those recommendations.  The first recommendation is to create a comprehensive juvenile assessment center for all at-risk youth.  Reasons for developing an assessment center include:  the service and treatment needs of at-risk youth and youth involved in the juvenile justice system are similar.  By enhancing coordination and collaboration among service providers, the appropriate treatment needs of juveniles can be identified. 

The second recommendation is to create a Day Treatment/Evening Reporting Program.  Day treatment provides a highly supervised alternative to residential placement.  The County could expand its current contract with Peckham Industries or create a County-operated day treatment program.  This program could include daytime educational programming as well as after-school reporting. 

Mr. Faulds explained the Court’s proposal does not include over-night accommodations.  The proposed facility would provide the court with gradual sanctions which are currently not available in this County. 

Chinn’s space recommendations (9,701 square feet) for an Assessment Center, Day Treatment/Evening Reporting, Substance Abuse Services and Mental Health Services would be too small.  The Court has estimated that 5,505 square feet would be needed for the Assessment Center; and, approximately 4,200 square feet would be required for a Day Treatment/Evening Reporting program.

Mr. Faulds stated the YLS assessment data collected by the Court with the assistance of Michigan State University has identified five distinct clusters of youth requiring similar programming to address specific criminogenic factors.  Two of these are of moderate risk most appropriate for community-based treatment.  Cluster 3 is Moderate Risk (22% of Delinquent Youth Served) is characterized by high-moderate scores in use of leisure time, with moderate scores in education and family/parenting.  This group is 75% male balanced by ethnicity.  Cluster 5 is Moderate Risk (17% of Delinquent Youth Served) is characterized by high scores in peers, and high moderate scores in use of leisure time, substance abuse, family/parenting and attitudes.  This group is primarily male and is balanced by ethnicity.

Mr. Faulds reviewed the family assessment and treatment services to be provided by Community Mental Health, Child and Family Services and Cristo Rey Community Center.  He also stated he has proposed to Chief Alley that possibly the Police Department could establish a satellite office in the proposed facility to handle youth who are picked up by police after hours. 

Mr. Sheehan, CMH, stated the proposed programs are needed and wanted by the community partners.  There is a concern that youth be served who are not already being served by the Court system.  This is a comprehensive plan for less at-risk youth.  Mr. Elam, City of Lansing, applauded Mr. Faulds’ work on the proposal.  This is a good plan to address the needs of the County’s youth.  He stated he looks forward to having such a facility in this community.

Mr. Way stated strong support is needed to keep youth within this community so that they can be successful.  Ms. Davis, Adolescent Substance Abuse, stated that, nationally, one in ten kids receive drug needed testing.  She supports the Court’s proposal. 

Mr. Faulds stated the proposed facility will be a win-win situation for everyone.  He thanked the Committee for scheduling this presentation.

Comm. Nolan stated the Court’s proposal is just what this Committee is looking for.  She thanked the Court for putting their proposal in writing.  She then asked where the Court has looked for their proposed programs.  Mr. Faulds stated there are three area schools for sale.  They are the Walnut, Holmes Street and Verlinden Schools.  These schools have sufficient space, facilities and outside property.  The YMCA would be a major renovation project.  Comm. Nolan asked the Court to invite some of the Commissioners to participate in the review of interested sites. 

Judge Lawless stated the Facilities Director visited the YMCA and the Verlinden School.  The School would need a new roof, boiler, etc.  The estimated cost of the repairs is $1.9 million.  The School’s sale price is $300,000 to $350,000.  Judge Lawless stated the schools have kitchens and gymnasiums.  Mr. Faulds stated the Verlinden School seems like a good option.

The Committee held a general discussion regarding the Court’s proposal.  Comm. Holman stated the Court’s proposal feels right.  It will be exciting watching this plan come together.  Ms. Anderson, Ingham Intermediate School District, stated the educational component of the Court’s plan could be funded with State dollars. 

Ms. Bahar-Cook asked if the Alternative Day School and After School Programs would serve the same youth.  Mr. Faulds explained there may be some overlap; however, the two programs are separate programs.  Comm. Dougan asked if the proposal includes plans for Saturday services.  Mr. Faulds explained the Court would like to see Saturday services offered as they would help many kids. 

Comm. Schafer stated he liked a majority of the Court’s proposal.  In response to Comm. Schafer, Mr. Faulds stated the Court wants to reintegrate youth back into their home schools as soon as possible.  Judge Lawless explained that each youth will be dealt with individually.  The average length of stay in the programs would be 90 days.  Some youth will stay longer, and some youth will leave sooner.  Mr. Way stated the proposal includes transportation for youth to their home schools.  Ms. Anderson also stated there is a State School Aid Act which provides funding for court-adjudicated youth.

Comm. Nolan stated three of the members of this Committee are teachers.  This is an exciting plan from our perspective.  Chairperson Celentino stated he supports the proposal.  He further stated he is glad to see the Court is already involving community agencies.  Many at-risk youth have severe emotional issues.  Chairperson Celentino asked if youth would be assessed for mental health services.  CMH should be involved as much as possible. 

Mr. Oliver explained that Juvenile Court Officers make recommendations and referrals regarding needed services.  Involving CMH in the Court’s proposal will make these referrals more meaningful.  Mental health is a tremendous factor with youth entering the Court system.  The proposed plan is one of the best models he has seen.  This will be an exemplary program.  He encouraged all parties to move forward on this proposal as quickly as possible. 

Comm. Dougan asked if the proposed plans will affect the number of youth placed in out of State programs.  Mr. Faulds explained the Court hopes to see a reduction in out-of-State placements. 

Judge Baird stated the proposal represents a lot of effort to pull this information together.  There seems to be a very genuine commitment from the community coalition to meet the needs of the youth.  She then stated she could not imagine the proposal would not affect the number of out-of-state placements.  Mr. Elam stated he could develop projected cost savings and add them to the proposal.  Ms. LeDuc stated the Court system supports the concept of the proposal and the Court’s estimated space requirements. 

Comm. Holman stated if the Court’s proposal is flexible, it would allow the program to grow over time. 

Judge Lawless thanked the Committee for its time and consideration of the Court’s proposal.  Chairperson Weatherwax-Grant thanked the Court and interested parties for the proposal.  She stated she is excited and this Committee is enthusiastic about the proposal.  She then asked if the Court needs anything from the Committee at this time.  Judge Baird stated the Court could use the Committee’s help with finding a location for the programs.  Mr. Neilsen stated the Facilities Department will begin to identify possible sites and facilities that would be suitable for the Court’s proposed programs.  Once this information is gathered, it will be presented to this Committee.  The Court could use the architectural engineer the County has used for recent projects to develop plans for a specific site or facility. 

Chairperson Weatherwax-Grant stated there is a general consensus of this Committee to pursue school property.  This Committee can approve an architectural engineer resolution at its next meeting.  Comm. Dougan suggested the Court also consider churches which may be listed for sale in the area.

(The Committee recessed at 9:05 p.m.)

(The meeting was called back to order at 9:11 p.m.)

1.         Jury Board Update – Rodney H. Taylor

Mr. Taylor stated the MIS Department periodically updates this Committee on the County’s jury system.  Comm. Grebner has provided tremendous constructive criticism regarding the jury system.  The current focus of the Jury Board is to reduce the non-response rate, to increase business improvements and the reduction of jurors used by the courts. 

Mr. Taylor reviewed the efforts taken to reduce the non-response rate.  The first and second mailings are the same.  A third mailing is sent via certified letter to the non-respondents.  The non-respondents are informed in that mailing they can either return the questionnaire or attend a night meeting before the Jury Board.  If the questionnaire is returned, the individual is sent another letter informing them not to attend the night meeting.  Thirty non-respondents have shown up for the Jury Board meetings.  They were asked by the Board why they chose not to respond and were then asked to complete a questionnaire.  If the non-respondents chose not to respond, the Jury Board qualified them for jury duty. 

The non-response rate has been over 20% in the past.  In recent years, the average has been 14%.  This is in-line with other jurisdictions surveyed.  Jury law allows jurors to be called before the Jury Board to question them about their qualification.  Historically, the non-response rate for the third mailing has been 60% to 80%.  The rate has dropped with the new third mailing to 42%. 

Mr. Taylor explained there are pros and cons to the solutions for non-respondents.  Pros include the reduction in the non-response rate, the increase in civic responsibility and the diversity of the jury is ensured.  Cons include a $12,000 cost to ensure that just over 4,000 people responded and to obtain 2,500 additional jurors; and a recommendation has already been made that next year we test effectiveness by not sending out a certified letter. 

The reduction of jurors used by the Court has resulted in a savings of $30,207 for 2004 for the Circuit Court.  For the District Court, the old system required 45 jurors per week, now about 50 jurors are required per month. 

Improvements have been made to the eJuror system.  The questionnaire and summons data are available online; and, postponements are also posted online.  Mr. Taylor informed the Committee that additional mailing funds are being requested in the 2007 budget process. 

Comm. Nolan asked if the media has been informed of the new jury process.  Mr. Taylor stated he did inform the press and that public service announcements were also made in 2005.  The announcements will be conducted again this year.  Comm. Dougan asked if return postage is included in the original mailing.  Mr. Taylor explained return postage is not included for the return of the questionnaire.  Postage funds were used for the certified mailings. 

Mr. Taylor stated he worked with the Courts to obtain comments and feedback in order to make the jury system easier and more efficient.  People should be able to complete juror questionnaires online in May 2006. 

Comm. Grebner stated he will continue his efforts to make the questionnaire process less of a burden on the residents. 

Chairperson Weatherwax-Grant expressed this Committee’s appreciation for the update.  Mr. Taylor encouraged the Commissioners to contact him with any questions or concerns. 

3.         Commissioner Weatherwax-Grant – Resolution to Establish a Juvenile Justice Community Agency Process (Revised Time Table/Calendar)

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE THE RESOLUTION TO ESTABLISH A JUVENILE JUSTICE COMMUNITY AGENCY PROCESS (REVISED TIME TABLE/CALENDAR).

Chairperson Weatherwax-Grant stated the County Attorney has advised her on this matter.  This Resolution will move forward in a broad fashion.   In response to Comm. Nolan, Mr. Neilsen stated that as long as the intent of the Juvenile Justice Millage is met, the County can contract for services.   Mr. Stoker advised the Committee to ensure the contract language meets the intent of the ballot language. 

Comm. Nolan asked what is to be accomplished by this Resolution.  The Committee should be more clear and specific regarding what it’s looking for regarding grants.    This segment should be for what the County is not doing in other segments.  Mr. Neilsen explained the agencies will understand when they apply that they must meet the requirements of the Juvenile Justice Millage. 

MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. SCHAFER, TO AMEND THE RESOLUTION BY ADDING AN ADDITIONAL BE IT FURTHER RESOLVED PARAGRAPH WHICH STATES:  PRIOR CONSIDERATION WILL BE GIVEN TO THOSE PROPOSALS WHICH MOST APPROPRIATELY ADDRESS THE PRESENTATION GIVEN BY THE CIRCUIT COURT/FAMILY DIVISION EARLIER THIS EVENING; AND TO ADD ANOTHER BE IT FURTHER RESOLVED PARAGRAPH WHICH STATES:  PRIORITY CONSIDERATION WILL BE GIVEN TO PROPOSALS THAT HAVE A GREATER ABILITY TO LEVERAGE STATE AND FEDERAL DOLLARS. 

The Committee held a general discussion regarding this matter.  Chairperson Weatherwax-Grant stated the Resolution assumes the Community Agencies would be those which are already involved in the continuum of care discussions.  Comm. Dougan expressed his concern that some may develop a program that will fit the language of the millage in order to receive funds.  The language should be restricted.   Chairperson Weatherwax-Grant stated the Committee adopted a resolution containing the continuum of care model.  Our intent is clear. 

Comm. Bahar-Cook expressed her concern regarding the term “priority” as used in the amendment language.  Comm. Nolan stated consideration should be given to agencies which address the County’s continuum of care model and the Chinn report.  Chairperson Weatherwax-Grant stated Mr. Neilsen will draft language regarding consideration.  Mr. Neilsen stated he would email the language to the Committee Friday morning. 

(Note:  The following language was received via email from Mr.  Neilsen on April 28: 

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners hereby establishes a Juvenile Justice Community Agency Process, reserving $50,000 of Juvenile Justice Millage funds, to contract with qualified vendors to increase the capacity of the county juvenile justice system for the treatment of delinquent and disturbed youth with the intent to reduce the involvement of youth in the formal adjudication process which the County believes to be consistent with the provisions of the millage.

BE IT FURTHER RESOLVED, that priority consideration will be given to those proposals which most appropriately meet the adopted Ingham County Continuum of Care Model.

BE IT FURTHER RESOLVED, that priority consideration will be given to those proposals that leverage other sources of funds.)

Comm. Dougan’s proposed amendment, as clarified by Mr.  Neilsen, CARRIED UNANIMOUSLY.

After further discussion, the following motions were made:

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. BAHAR-COOK, TO AMEND THE RESOLUTION BY ADDING “TO REDUCE THE INVOLVEMENT OF YOUTH IN FORMAL ADJUDICATIONS” IN THE FOURTH LINE OF THE THEREFORE BE IT FURTHER RESOLVED PARAGRAPH BETWEEN “YOUTH” AND “WHICH.”  MOTION CARRIED UNANIMOUSLY.

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. BAHAR-COOK, TO AMEND THE RESOLUTION BY CHANGING THE DOLLAR AMOUNT IN THE THEREFORE BE IT RESOLVED PARAGRAPH FROM $50,000 TO $70,000.”  MOTION FAILED with Comms. Nolan and Bahar-Cook voting YES.

MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.

4.         Controller

            a.         Potential 2006 Millage Issue – Juvenile Justice Millage

Mr. Neilsen stated this communication is to provide some basic information on the Juvenile Justice Millage that may be proposed for either the 2006 Primary to be held August 8, 2006 or the General Election to be held November 7, 2006.  To be on the ballot for the August Primary, language has to be approved and submitted to the Clerk by May 30.  The deadline for the November election is August 29.

A recent Attorney General opinion has somewhat clouded the issue of the language to use for renewals.  Mr. Stoker, County Attorney, is present to address questions of this Committee.

Mr. Stoker explained the Attorney General opinion notes “that in the case of renewals, previous rolldowns must be continued and the newly approved renewed millage would therefore continue to be reduced by the rolldown amounts from the prior authorization period(s).  However, MCL 211.24f (5) expressly provides that separate millage ballot questions for a renewal and a restoration are only required when the amount to be restored is more than 0.5 mills.  In essence, the provision appears to this office, as well as most municipal attorneys, to clarify that a renewed millage, plus a restoration of less than 0.5 mills, can be presented in a single ballot question.”

Mr. Stoker further explained that it remains his opinion that a “renewal” can include a restoration of less than 0.5 mills in a single ballot question; however, the opinion does appear to him to cloud the issue with its very board language and could result in differing interpretations.  He then reviewed three options he outlined in his April 11, 2006 memorandum to the Controller’s Office.

Mr. Stoker asked for this Committee’s intent.  Chairperson Weatherwax-Grant asked if, without the Attorney General opinion, the proposed language would be standard renewal language.  Mr. Stoker stated that would be the case. 

Comm. Grebner suggested the Committee proceed with Mr. Stoker’s first option to “Utilize what has been characterized as “standard” renewal language which would include a restoration of less than 0.5 mills, assuming MCL 211.24f (5) authorizes such language.”  The amount may be adjusted to ‘operate and enhance that capacity.’ 

Comm. Dougan stated his preference to bring language back to this Committee at its next meeting for further discussion.  Chairperson Weatherwax-Grant suggested the Commissioners speak with the Commissioners not on this Committee regarding this matter prior to the next meeting.  Mr. Neilsen stated he would have a financial analysis at the next meeting.  Mr. Stoker stated he would work with Mr. Neilsen on proposed ballot language. 

Chairperson Weatherwax-Grant stated she appreciated Mr. Stoker’s advice on this issue.

            b.         Resolution Authorizing Adjustments to the 2006 Ingham County Budget

MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE RESOLUTION AUTHORIZING ADJUSTMENTS TO THE 2006 INGHAM COUNTY BUDGET.  MOTION CARRIED UNANIMOUSLY.

c.         Resolution Establishing Areas of Priority Emphasis Guiding 2007 Activities and Budget Process

MOVED BY COMM. NOLAN, SUPPORTED BY COMM. HOLMAN, TO APPROVE THE RESOLUTION ESTABLISHING AREAS OF PRIORITY EMPHASIS GUIDING 2007 ACTIVITIES AND BUDGET PROCESS. 

Comm. Nolan noted the YVPC has changed its name to “Community Coalition for Youth.”  Mr. Nielsen stated the change would be made to the Resolution. 

Comm. Holman asked if the Community Agencies should be incorporated into this process.  Comm. Schafer stated he could not support the Resolution because it does not address the law enforcement issue.

MOTION CARRIED with Comms. Schafer and Dougan voting NO.

Announcements:           None

Public Comment:          None

The meeting adjourned at 10:26 p.m.

Respectfully submitted,

Debra Neff