Whitmer Signs Multiple Criminal Justice Reform Bills

Governor Gretchen Whitmer signed a series of bipartisan bills, including the Good Moral Character and Clean Slate for Kids packages to further advance criminal justice reform in Michigan.Together, these bills will help ensure a fresh start for youth exiting the juvenile justice system, expand opportunity to enter licensed professions, and expand access to critical benefits like SNAP. This comes after the governor signed the Michigan Joint Task Force on Jail and Pretrial Incarceration “Smart Justice” bill package earlier today.

“Despite the challenges 2020 presented, I am proud of the incredible work we have done as a state to reform our criminal justice system,” said Governor Whitmer. “After establishing the bipartisan Michigan Joint Task Force on Jail and Pretrial Incarceration we were able to make real and meaningful change that will impact the lives of thousands of Michiganders. I am eager to continue to work with the legislature in the new year to create a healthy and strong Michigan.”

“If we want to fix the school-to-prison pipeline, it starts with fixing our judicial system and investing in education,” said state Senator Sylvia Santana. “With today’s bill signing by the Governor, Michigan took a step huge forward in these areas by changing how we handle juveniles who run away from home, skip school, and disobey their parents. Under this new law, the number of days a juvenile can be locked up will be limited and the focus will be shifted to discovering the root cause of their behavior. I maintain my commitment to giving our youth a chance at the success they deserve through continued education and supportive resources, and I look forward to continuing our collective effort on more reforms with my colleagues.”

House Bills 4488-4492 and Senate Bill 293 comprise the Good Moral Character Package which reforms occupational licensing to expand opportunities for Michiganders post-conviction or post-judgment. The bipartisan bill package would place limits on a Board or Agency responsible for reviewing license applications from considering criminal convictions and civil judgments when determining if an applicant is of “good moral character” so that past convictions and civil judgments would be less likely to serve as a barrier to entry to licensed professions.

House Bill 4488 limits the situations in which a licensing board may consider criminal convictions and civil actions in determining an applicant’s good moral character. The bill was sponsored by Rep. Brandt Iden (R-Kalamazoo).

House Bill 4489 clarifies that the adjustments made in HB 4488 do not apply to determining “good moral character” for admission to the State Bar of Michigan and that for those purposes, good moral character would be determined by the Board of Law examiners. The bill was sponsored by Rep. Joe Bellino (R- Monroe County).

House Bill 4490-92 revise the definition of “good moral character” within specific acts to align with the changes in HB 4488. The bills were sponsored by Rep. Michele Hoitenga (R- Manton), Rep. Beth Griffin (R- Mattawan), and Rep. Sherry Gay-Dagnogo (D- Detroit)

Senate Bill 293 amends the Occupational Code to require the Department of Licensing and Regulatory Affairs (LARA) to report annually to the legislature regarding applications for occupational licenses that were denied because of an applicant’s lack of good moral character. The bill was sponsored by Senator Jeremy Moss (D- Southfield).

Senate Bills 681 and 682 comprise the Clean Slate for Kids package which aims to ensure a fresh start for youth exiting the juvenile justice system. The bipartisan bill package would reform Michigan’s juvenile criminal justice laws to seal juvenile court records from public view and create a process to automatically expunge juvenile records for those who don’t commit future offenses.

Senate Bill 681 allows for expungement of traffic offenses for juveniles and automatic expungement for certain offenses committed by juvenile. The bill was sponsored by Senator Jeff Irwin (D- Ann Arbor).

Senate Bill 682 makes juvenile court records nonpublic beginning January 1, 2021, as well as expands the categories of people deemed to have a “legitimate interest” and therefore eligible to see closed court hearings and nonpublic documents. The bill was sponsored by Senator Peter Lucido (R- Shelby Twp.).

Governor Whitmer also signed the following criminal justice reform legislation into law:

Senate Bill 1006 amends the Social Welfare Act to allow individuals who committed a drug-related offense, or have outstanding warrants for such offenses, to access the Supplemental Nutrition Assistance Program (SNAP) and other food assistance t. Senator Jim Ananich (D- Flint).

Senate Bill 700 requires the Juvenile Justice and Delinquency Prevention Act limit the use of secure juvenile detention facilities for status offender. The bill also adjusts the list of offenses for which a juvenile may be detained pending a hearing, removing the status offense of running away from home and adding the violation of a court order. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

Senate Bill 893 amend the Youth Rehabilitation Services Act to change citations to the law to reflect changes in Senate Bill 700. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

Senate Bill 894 amend the Juvenile Boot Camp Act to change citations to the law to reflect changes in Senate Bill 700. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

Whitmer today signed into law a bipartisan package of criminal justice reform bills, resulting from the Michigan Joint Task Force on Jail and Pretrial Incarceration, that will prioritize alternatives to jail, expand officer discretion to issue appearance tickets rather than make arrests, and reshape penalties for traffic offenses.

“As a former prosecutor, I recognize how critical it is to take steps toward a smarter and more equitable justice system that not only saves taxpayer money, but keeps people in their communities,” said Governor Gretchen Whitmer. “Over the last two years, we’ve worked with leaders on both sides of the aisle to make Michigan a national leader on criminal justice reform. I want to thank Lieutenant Governor Garlin Gilchrist and Chief Justice Bridget Mary McCormack, along with the bipartisan members of the task force, for their leadership in this effort. Today proves that it is possible to make tremendous progress to improve our state when we work together to get things done.”

The 20 bills, carried by a diverse group of Republican and Democratic state senators and representatives and passed with overwhelming support, are based on policy recommendations from the Michigan Joint Task Force on Jail and Pretrial Incarceration, a group of criminal justice experts and key stakeholders that was led by Lt. Governor Garlin Gilchrist II and Chief Justice Bridget Mary McCormack, which conducted a year-long study of Michigan’s jails and engaged input from the public in a series of meetings statewide.

“Our courts and justice system belong to the people, and these reforms reflect a consensus-based process that brought together all who share our commitment to fairness, accountability, transparency, and efficiency,” said Supreme Court Chief Justice Bridget M. McCormack. “We have more work to do to continue making Michigan even safer, but we are now a national leader in implementing criminal justice reform that is data-driven, informed by research, responsive to community input, and committed to building public trust.”

“I’m extraordinarily proud of our collective work over the last two years to understand and improve the criminal justice system,” said Lt. Governor Garlin Gilchrist II. “Before Governor Whitmer and I took office, the system didn’t work for families, communities, or our state as a whole, but we made a conscious effort to make our state a national leader in reform, and the results speak for themselves. We must continue to work together to find ways to provide second chances through a smarter, safer, and more effective justice system.”

The Task Force found that low-level infractions, like driving on a suspended license, violations of probation, and other misdemeanors, were exhausting public safety resources and impacting hundreds of thousands of Michiganders each year without producing safer communities. Jail populations had tripled in less than 40 years, growing particularly fast in rural communities, and Michigan law provided little to no guidance on when jail alternatives should be the preferred or presumed intervention.

“We are very pleased to see Governor Whitmer sign a bipartisan package of bills based on the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration,” said John Cooper, Executive Director for Safe & Just Michigan. “These bills take important steps toward ending Michigan’s overuse of jails, and will protect thousands of people in Michigan from unnecessary arrests and incarceration for low-level misdemeanors and technical probation violations. These reforms will help thousands of people in Michigan get to work and keep their jobs instead of unnecessarily cycling through Michigan’s jail system, thereby improving both economic outcomes and public safety in our state.”

“This first set of bills will help end the vicious cycle that so many people are trapped in — being poor, not being able to pay your fines, having your license suspended and a warrant issued for failing to come to court,” said Amanda Alexander, Executive Director of the Detroit Justice Center and a member of the Task Force. “At the Detroit Justice Center, we are eager to see this legislation make a difference in people’s lives, and we are committed to continuing the fight alongside our movement partners for more widespread change.”

The 20 bills passed by the legislature form a complementary approach that aims to shift individuals away from jail unless they pose a threat to public safety. Throughout the last year, the bills were vetted by lawmakers and refined with extensive input from prosecutors, judges, sheriffs, crime victims, reform advocates, and members of the public.

“Working together on this important topic is a perfect example of putting people before politics,” said former Speaker of the House Lee Chatfield. “We all want a stronger, safer, and more free country. That requires smart reforms like these to hold people accountable without setting them up to fail.”

“This is not reactionary policy – it’s thoughtful and purposeful,” said Senate Majority Leader Mike Shirkey, who joined with other leaders in creating the Task Force in 2019. “These bills are rooted in data, informed by research, and built on the consensus and compromise of a diverse group of stakeholders.”

The Task Force started working in July 2019 on measures the state of Michigan could take to safely reduce jail populations and expand alternatives to incarceration. Their recommendations and the resulting bipartisan package of bills were informed by dozens of stakeholder interviews and roundtables, testimony from hundreds of people across the state, 10 years of statewide arrest and court data and three years of individual-level data from a large and diverse sample of county jails.

“I am proud to lead the effort in the Senate on criminal justice reform, which is an issue that impacts our entire state,” said state Senator Sylvia Santana. “The bills signed into law by the Governor today marks the culmination of 18 months of bipartisan work and while I believe we will see safer communities and less recidivism as results of these reforms, there is still much work ahead. We need to continue our commitment to making necessary changes so that families who have lost a loved one to a system that overly, and inconsistently, prosecutes people of color and the poor can get the justice they deserve.”

“This legislation is precisely the fix so many people of our state need, taking tangible steps to break down barriers that have only served to place individuals under further strain as they work to get their lives and livelihoods back on track,” said state Representative Tenisha Yancey. “With House Bill 5851 being signed into law, driver’s license suspensions or revocations will no longer be wielded over Michiganders as a means to sanction offenses that had nothing to do with driving factors. I’m proud to have been a part of this vital package, and look forward to continuing to advocate for further progress in reforming our state’s criminal justice system in the new term.”

Together the bills seek to expand the use of jail alternatives and reserve jail for public safety risks. The bills eliminate driver’s license suspensions and criminal penalties for some traffic offenses; expand officer discretion to use appearance tickets instead of custodial arrests; use probation, fines, and community service as sentences for low-level crimes; and limit jail time for those who violate the rules of supervision. The bills include:

HB 5846, Rep. Bronna Kahle (R, District 57), HB 5847, Rep. Luke Meerman (R, District 88), HB 5849, Rep. Mike Mueller (R, District 51), HB 5850, Rep. Rebekah Warren (D, District 55), HB 5851, Rep. Tenisha Yancey (D, District 1), HB 5852, Rep. Lori Stone (D, District 28), HB 6235, Rep. Cynthia Neeley (D, District 34), and HCR 29, Rep. Beau LaFave (R, District 108) eliminates license suspension for violations of the law unrelated to dangerous driving.
HB 5853, Rep. Bronna Kahle (R, District 57) reclassifies many traffic misdemeanors as civil infractions.

HB 5854, Rep. Tim Sneller (D, District 50), HB 5855, Rep. Tommy Brann (R, District 77), HB 5856, Rep. Steven Johnson (R, District 72), HB 5857, Rep. Jack O’Malley (R, District 101), and HB 5844 Rep. Joe Bellino (R, District 17) eliminates mandatory minimum jail sentences in the Motor Vehicle Code, School Code, Natural Resources and Environmental Protection Act, Railroad Code, and Public Health Code.
SB 1046, Sen. Roger Victory (R, District 30) expands law enforcement discretion to issue citations for most misdemeanors and presumes citation in lieu of arrest in many cases.
SB 1047, Sen. Jeff Irwin (D, District 18) ensures summonses are used for most first-time failures to appear and allows defendants to resolve low-level warrants without being arrested.
SB 1048, Sen. Sylvia Santana (D, District 3) creates a presumption of a sentence other than jail for most misdemeanors and certain felonies.
SB 1049, Sen. Stephanie Chang (D, District 1) expands eligibility for deferred judgment of guilt to 24- and 25-year-olds under the Holmes Youthful Trainee Act.

SB 1050, Sen. Michael MacDonald (R, District 10) reduces probation terms, tailors probation conditions to address risks and needs, and caps jail sanctions for technical probation violations.
SB 1051, Sen. Ed McBroom (R, District 38) tailors parole conditions to address risks and needs.

Additional recommendations stemming from the Task Force report will be taken up for consideration in the next legislative session, potentially including bills related to pretrial release and behavioral health diversion from jails.

The Task Force report can be found here: https://courts.michigan.gov/NewsEvents/Pages/DataDrivenJusticeSolutions.aspx

The governor also signed additional bills into law today. The bills are outlined below:

Bill	Description	Sponsor
HB 5417	Amends the Michigan Do-Not-Resuscitate Procedure Act to allow a parent on behalf of his or her minor child to execute a Do-Not-Resuscitate (DNR) order. To view the signing statement click here.	Rep. Rebekah Warren (D- Ann Arbor)
HB 5418	Establishes protocols for filing with the child’s school a DNR order, POST form, revocation of a DNR order, or modification or revocation of a POST form, and to provide civil and criminal immunity for schools and school personnel who comply with a DNR order or POST form. To view the signing statement click here.	Rep. Rebekah Warren (D- Ann Arbor)
HB 5419	Amends the Estates and Protected Individuals Code (EPIC) to allow a guardian to execute a DNR order on behalf of the ward as provided in section 3a of the Michigan Do-Not-Resuscitate Procedure Act. To view the signing statement click here.	Rep. Daire Rendon (R- Lake City)
HB 5575	Amends the Michigan Strategic Fund Act to modify the definition of “rural jobs” and “capital investment fund.”	Rep. Triston Cole (R- Mancelona)
HB 5735	Amends section 6 of the Enhanced Driver License and Enhanced Official State Personal Identification Act to waive late fees for those individuals renewing an enhanced driver license or enhanced official state personal identification card that expires on or after March 1, 2020 and before March 31, 2021 by treating all late application for renewal as timely.	Rep. Brandt Iden (R- Kalamazoo)
SB 1075	Convey or transfer state-owned property consisting of two parcels in Marenisco Township, Gogebic County	Senator Ed McBroom (R- Vulcan)
SB 1077	Amends the Michigan Marihuana Act to appropriate Will to implement the automatic expungement legislation passed earlier this year. The bills move $24 million for the fiscal year ending September 30, 2021 from the Marihuana Registry Fund, where marijuana licensing fees are deposited, to the Set Aside Fund.	Senator Adam Hollier (D- Detroit)

Whitmer Signs Multiple Criminal Justice Reform Bills

Comments

Leave a Reply Cancel reply

Local News from the RRN News Center