Amended 10/11/07
JOINT LAW ENFORCEMENT/JUDICIARY COMMITTEE
August 16, 2007
Minutes
Members Present: Law Enforcement – Dale Copedge, Todd Tennis, Victor Celentino, Debbie DeLeon and Randy Schafer
Judiciary – Rebecca Bahar-Cook, Andy Schor, Tina Weatherwax-Grant and Deb Nolan
Members Absent: Dianne Holman
Others Present: John Neilsen, Matthew Myers, Comm. Dougan, Comm. Grebner, Judge Felice, Judge Collette, Shauna Perry, Roy Bull, John Rehag, Beryl Frenger, Judge Aquilina, Anethia Brewer, Christine Curtis, David Easterday, Judge Lawless, Sara Deprez, Maureen Winslow, Mary Sabaj, Stuart Dunnings, Sam Davis, Sue LeDuc, Greg Harless, Alan Spyke and others
The Joint meeting was called to order by Law Enforcement Chairperson Copedge and Judiciary Chairperson Bahar-Cook at 6:33 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Chairpersons Bahar-Cook and Copedge thanked the public for attending this meeting to listen to the important discussion. He then informed the public that this is a public meeting; it is not a public hearing.
Limited Public Comment
Mr. Bull, Holt resident, suggested the County consider housing non-violent inmates in a tent community for the short-term while it tries to resolve the long-term overcrowding problem. The State would have the equipment to erect a tent community. Mr. Bull stated if living in a tent is good enough for our soldiers, it is good enough for the inmates.
Mr. Ryan, Mason resident, stated he is very concerned about the integrity of the County’s court system. Criminals will find out if the Court’s integrity is in question. If a judge orders a person to jail, the person should go to jail.
Additions to the Agenda: None
1. Jail Overcrowding Portion
a. Controller’s Office Summary
Mr. Neilsen reviewed his August 9, 2007 memorandum to the Committee regarding jail overcrowding. This memorandum was included in the agenda material. He stated as the JUCC reviews its recommendations; he would recommend that all no cost or minimal cost solutions continue to be explored and pursued, including:
- Implementation of a Jail Bed Allocation Plan similar to other counties;
- Further modification of Category I of the Administrative Order (completed);
- Increasing opportunities for inmates to earn early release such as expanding the
number of jobs and include participation in programming.
Mr. Neilsen provided a historical perspective regarding the Jail. The Board of Commissioners established a design rated capacity of 665 beds which includes 472 County beds and 193 contractual beds. The Board’s philosophy has been that the funds received by the County for leasing the contractual beds (193 beds * $35 per day * 365 days = $2,465,575 annually) are used to reduce the cost of operating the Jail.
If the County reduces the number of contractual beds, the County would have to appropriate funds from other sources. This could only be achieved by reducing other County services or by increasing the tax burden on County residents.
Additional General Fund cost items to consider should be reviewed as part of the 2008 budget process. Mr. Neilsen further stated any discussions of increasing the number of jail beds by building a minimum-security facility, similar in concept to the Jackson County facility, either to be used to generate additional revenue or to add beds for local use should only be considered as a last resort. If it is to be considered, it should only be done so if tied to a Jail Bed Allocation Plan to ensure a higher level of control of and accountability for the use of jail bed resources.
b. Jail Utilization Coordinating Committee Report
This Report was distributed to the Committees for their review.
Ms. Sabaj stated the electronic/tethering equipment will be tested on volunteers on August 30 and 31, 2007.
d. Ingham County Community Based Sanctions and Services
Ms. Sabaj stated this information is included in the agenda material.
e. Communication from Prosecuting Attorney Stuart Dunnings, III
Chairperson Copedge asked Mr. Dunnings to explain how the additional staff he requested in his August 12, 2007 would assist his Office. Mr. Dunnings explained he would like to move domestic violence cases from start to end in five weeks and he would like to move to a paperless system. Both efforts would reduce costs in his Office. Two additional staff attorneys and a para-legal are needed to adequately staff the intake functions of the Office. Front-loading investments in the Office, both in technological improvements and additional man-power would have a direct and consequential benefit to resource allocation considerations taking place in the Sheriff’s Office and the various County Courts.
c. Resolution Requesting the Assistance of the Judicial Branch in Relieving Jail Overcrowding
Comm. Grebner stated the Judges are faced with a number of different options when sentencing defendants. The County has a system for coordinating jail bed usage which is controlled by the Sheriff’s Office via early releases. Comm. Grebner stated the County has a crude system for allocating bed usage. If the County builds another 1,000 beds, they will not be filled.
The Resolution is an attempt at controlling bed usage by budgeting beds the way we budget finances. Comm. Grebner stated, to his knowledge, that none of the Commissioners support adding 60 jail beds. The Committee should move forward on this Resolution.
Comm. Celentino asked what would happen under the Jail Bed Allocation Plan if a Judge uses his/her beds and needs to place a defendant in jail. Comm. Grebner stated the Court would establish the actual bed allocation. The Plan would allow for a lot of flexibility and the Judges could borrow jail beds from each other when necessary.
Judge Collette stated the issue is not about jail beds, it is about quality of life in Ingham County. He urged the formation of a subcommittee to look into the issue of overcrowding. People in the City of Lansing deserve to be protected in their neighborhoods. Judge Collette further stated minor crimes will be overlooked by law enforcement personnel unless they receive more resources.
Judge Collette stated the Court has not requested funds for additional jail beds. He further stated he has met with 17 of the 18 judges and they all disagree with the bed allocation concept. Quality of life will be affected if defendants cannot be sentenced to jail due to a lack of beds. Judge Collette suggested the Board should explore the Jackson County facility. This type of facility will reduce costs over time.
Comm. Nolan asked for information regarding the Jackson County Facility. Judge Collette explained the facility’s concept and also stated the cost of housing an inmate in this type of facility costs half as much as housing an inmate in the Ingham County Jail.
Judge Aquilina stated she supported Judge Collette’s comments. A lack of jail space affects the public’s safety. Judge Aquilina also stated if the jail bed allocation policy is implemented, it will require additional staff to monitor the bed situation and to negotiate between the judges for additional bed space. Judges do not have the time to monitor a bed allocation plan.
Chairperson Bahar-Cook stated the County is facing a large budget deficit which will only grow if the County does not resolve the overcrowding situation at the Jail. Judge Aquilina explained that a better accounting is needed to see the standpoint from the bench. Further research is needed before a jail bed allocation plan is implemented.
Judge Collette stated he has advised the Judiciary Committee of the Court’s attempts to relieve the overcrowding situation at the Jail. If the Board approves the Resolution, it will place pressure on the bench. Judge Collette further stated he does not understand how the Resolution will save money. He further stated he is satisfied with the current system considering its shortcomings.
Judge Felice stated no other County in Michigan releases inmates to make room for contracted inmates. The Board created the current problems, not the bench. Judge Krause informed the Committees that Judge DeLuca could not attend this meeting due to a previous commitment. She then stated the plan to allocate jail beds would be completely unworkable. Judges would be forced to determine who the worst offender is when deciding who to sentence to jail. She further stated she understands the Board is in a difficult situation. Other plans should be researched.
Judge Lawless spoke on behalf of the Family Court Judges. The Family Court bench whole heartedly supports Judge Collette’s position on this matter. The bench does not want to lose its sentencing discretion. Judge Lawless then stated language in two WHEREAS paragraphs of the Resolution appear to be derogatory and she requested the language be removed.
Comm. Grebner stated he conducted a great deal of research while drafting the Resolution. Judges can exempt themselves from releasing inmates during overcrowding situations. The goal is to release people who are the least threatening to society.
Comm. Schor stated he would like more time to review the Resolution before voting on same. Chairpersons Bahar-Cook and Copedge indicated the Committee would not be voting on the Resolution tonight.
Comm. Schafer stated the Board has no intention of reducing the current number of jail beds. He also stated the Jail has medium and high security. If the County constructs another facility, it should be a dorm-style facility to house low security inmates.
Comm. Tennis asked how many jail beds this County needs. He then asked staff to prepare information regarding what type of millage is needed to replace the revenue the County receives from the rental contracts. Chairpersons Copedge and Bahar-Cook stated that issue has already been forwarded to the Controller’s Office.
Chairpersons Bahar-Cook and Copedge thanked everyone for attending this meeting and showing their dedication to the overcrowding issue.
Announcements: None
Public Comment: None
The meeting adjourned at 8:01 p.m.
Respectfully submitted,
Debra Neff