HomeMy WebLinkAboutResolutions - 1982.06.17 - 13849Miscellaneous Resolution 92 I 34 June 17, 1982
GENERAL GOVERNMENT COMMITTEE
\A/alla-ce F. Oat-Te-r, -C7aii:person
BY GENERAL GOVERNMENT COMMITTEE-Wallace F. Gabler, Jr., Chairperson
RE: OPPOSITION TO SUBSTITUTE FOR HOUSE BILL 5328
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Substitute for House Bill 5328, which would create an emergency
release mechanism to eliminate county jail overcrowding, raises a number of serious concerns
that make the bill unacceptable;
WHEREAS, HB 5328 seems to be clearly unconstitutional in that it permits both Judges
and Sheriffs to commute prisoner sentences when, in fact, only the Governor has this power; and
WHEREAS, the bill is possibly unconstitutional in another area; that being the 1978
Headlee Amendment to Article IX, Section 29 which prohibits state-mandated new or added
costs to local governmental units without a state appropriation being made; and
WHEREAS, HB 5328 seems to ignore the fact that six counties (including Oakland) are
currently operating their ions under federal court order which provides specific remedies for
specific problems that could be in serious conflict with provisions of HB 5328; and
WHEREAS, HB 5328 appears to be misdirected in that it addresses those prisoners who
have been sentenced and constitute only about one-third of the ion 's populationS instead of
addressing a program to reduce or manage the larger pre-sentenced population; and
WHEREAS, blanket release of prisoners as prescribed by HB 5328 is not the proper
solution to the iail overcrowding problem and it certainly is a disservice to our citizens to put
prisoners back on the streets prematurely.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board C,f Commissioners go
on record as opposing HB 5328.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all state legislators
representing Oakland County and to the County's Legislative Agent.
Mr. Chairperson, on behalf of the General Government Committee, I move the adoption
of the foregoing resolution.
#82184 June 17, 1982
this 17th day of
LYJUi}.AL LE
Counk Clerk/Register of Deeds
19 82
Moved by Gabler supported by Jackson the resolution be adopted.
Moved by Whitlock supported by Gabler the resolution be amended by
adding a new WHEREAS paragraph between the first and second WHEREAS paragraph
to read:
" WHEREAS rHB #5328 compromises the discretion of the Court by providing
legislative remedies in matters of pre-trial release; and"
A sufficient majority having voted therefor, the amendment carried.
Moved by Whitlock supported by Gabler the resolution be amended by adding
a new WHEREAS paragraph between the 3rd and 4th WHEREAS paragraphs to read:
"WHEREAS the Oakland County Prosecutor and Sheriff both have spoken in
opposition to HB #5328; and"
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Moved by Price the resolution be referred to Public Services Committee,
No support.
Moved by Aaron supported by Gabler the rules be suspended to vote on the
resolution as amended.
Discussion followed.
Vote on motion to suspend rules:
AYES: McDonald, Moffitt, Montante, Moore, Olsen, Page, Patterson, Pernick,
Peterson, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandro, DiGiovanni, Fortino,
Gabler, Geary, Gosling, Hobart, Jackson, Lanni. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Vote on resolution as amended:
AYES: Moffitt, Montante, Moore, Olsen, Page, Patterson, Pernick, Peterson,
Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandro, DiGiovanni, Doyon, Fortino,
Gabler, Geary, Gosling, Hobart, Jackson, Lanni, McDonald. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended was
adopted.
STATE OF•MiCHIGAN)
)
COUNTY OF OAKLAND)
1,.Lynn 0, Allen, Clerk of the County of Oakland and having a seal,
- do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution # 82184 adopted by the Oakland County Board of Commissioners
at their meeting held on June 17, 1932
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan