HomeMy WebLinkAboutResolutions - 2017.10.11 - 23145MISCELLANEOUS RESOLUTION #17287 October 11, 2017
BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS DIVISION REPEAL OF
PA 511 INELIGIBLE OFFENSE LIST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Corrections Division was created in 1994; and
WHEREAS the original eligibility criteria for admission into Community Correction's programming were
established in 1994; and
WHEREAS the original eligibility criteria were revised in 2002 under Miscellaneous Resolution 02018;
and
WHEREAS there has been a significant amount of research regarding the appropriate targeting of
offenders for Community Corrections programming to achieve recidivism reduction; and
WHEREAS research indicates services should be targeted at moderate to high risk offenders while low
risk offenders should receive minimal or even no intervention, this is known as the Risk Principal; and
WHEREAS the Community Corrections Act MCL 791.404(b) was amended in 2014 to reflect this
research stating, "Program eligibility must include moderate to high risk offenders regardless of crime
class or adjudication status."; and
WHEREAS the best way to determine an offenders level of risk is through a risk / needs assessment tool;
and
WHEREAS the Community Corrections Division uses a validated risk / needs tool for this purpose; and
WHERES the current Community Corrections eligibility criteria are based on the offense charged which is
inconsistent with the research.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners repeals the
PA511 ineligible offense list established in MR02018.
BE IT FURTHER RESOLVED that the eligibility criteria for Community Cone
offenders who are assessed using a validated risk / needs assessment tooJ1yn s
Chairperson, on behalf of the Public Services Committee, I move the aci tioviof
CoThmis'sionVr-Bill D*er, District #14
Chairperson, Public Services Committee
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote with Berman and Jackson absent.
'ons programming will be
derate to high risk.
the foregoing resolution.
M/SCELLANUOUS RESOLUTION # 02018 February 21, 2002
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: DEPARTMENT OF PUBLIC SERVICES/COMMUNITY CORRECTIONS - Amendment to
the Community Corrections PA 511 Ineligible List
To the Oakland County Board of Commissioners
WHEREAS the Oakland County Community Corrections Division was established in
1994, and
WHEREAS the list of ineligible offenses has not been amended since that time r
and
WHEREAS the CCAB established a committee to review this criteria, and
WHEREAS the enactment of new legislation most notably the Repeat Offender
package, and changes to the felony threshold limits have necessitated that
the ineligible list be updated, and
WHEREAS there are some offenders who Would beftefit from rehabilitative
services but are deemed ineligible based solely on their current charge, and
WHEREAS the changes to the ineligible list include the addition of two (2)
charges; Assault of a Police Officer 750,479a(6) and Use of the Internet to
Exploit or Solicit a Minor 750.145d, and
WHEREAS the criterion excluding offenders from PA 511 consideration due to a
conviction for an ineligible offense within the last ten years has been
changed to 5 years, and
WHEREAS the changes also include the identification of 12 of the current GO
charges on the list which would allow offenders charged or previously
convicted of these crimes to be eligible for PA 511 programming based on the
individual facto and circumstances of the case, and
WHEREAS this criteria may be retroactive for any offenders currently being
held within the Oakland County Jail, and
WHEREAS the CMS is requesting the authority to add charges to the ineligible
list as deemed necessary by the CCAB or as changes occur in the law
WHEREAS the Community corrections Advisory Board (cmnI voted unanimously to
accept these changes, and
NOW THEREPORE BE IT RESOLVED that the Oakland County Board of Commissioners
does hereby approve the revised Ineligible Charge list. for Community
Corrections and authorizes that it be adopted as recommended by the Community
Corrections Advisory Board, and
Chairperson, on behalf of the Public Services Committee, I move the adoption
of the foregoing resolution.
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
INELIGIBLE FELONY OFFENSES
Alphabetic Listin
MCL I
Assault of a Police Officer 750.479a(6)
750.5200 Assault with Intent to Commit Criminal Sexual Conduct
Assault with Intent to Commit Felony 750.87
Assault with intent to Commit Murder 750.83
Assault with Intent to do Great Bodily Harm 750.84
Assault with Intent to Maim 750.86
Assault with Intent to Rob or Steal, Unarmed 750 88
Assault with Intent to Rob or Steal armed 750.89
Attempt to Murder 750.91
Bank, Safe, or Vault Robbery 750.531
Burning Dwelling House 750.72
Burning of Other Real Property 750.73
Burning of Persbriat Property over $200* 750.7(c)fer
752.881 Careless Use of Firearm to Kill
Carjackija 750,529a
Child Abuse - 1st Dee roe 750.138b 2
ChildAbuse 2nd' e re . 760.136b 3
Child Abuse - 3rd Degree . .,, 750.1361)4
75(0360(
750.520B
Child Abuse'..7..4th.,Dear.00,
Criminal Sexual Conduct 1st des roe
Criminal Sexual Conduct, 2nd des ree 750,520
Criminal Sexual Conduct 3rd des roe 750.520D
Criminal Sexual Conduct, 4th degree 750,520E
Criminal Sexual Conduct, Second or More Offenses 750.520F
Domestic Assault 3rd- Offense* 75081(4
750.204
750.207
Explosives, $endin9 with Intent to Inture
Explosives, Placing with Intent to Destroy or Injure
Explosives, Placing Offensive Substance with Intent 750.209
Ex losives, Possession with Intent to Use Unlawful! 750.210
Ex•losive Device, Construction, Use, Possession 750,21 la
Extortion . 750.213
Felonious AssaUIt Z ,r -,---.. 750-.82 b'
EeIcirikit'i• Drixiih , .• 752 .191
Fleerilg,fltklitig'4th De r We . 750.479a 2.
Fleeing. & Eluding id Degree* 1, 750.`479a(3)' " i
Fleein• & Eludini 2nd De ree 750.479a 4
Fleein & LI.Lcilinglst p_ogr_oe 750.479a 5
Gross Indecenc Between Males 750.338
Gross Indecenc Between Females 750.338 a
Gross Indecenc Between Males and Females 750.338 b
Home I nvasion .1st Dogree 750.110a 2 ,
Home InvaSibri2nd',De ree* 750..110d
Incitin to Riot 752,542
Jail Break-Armed 750,197
Kidna ping 750.349
Larcen . from I. Persbn , , 750.357:.1;
MalicioUS'OeStitLictidn100.-olice/Fire DO , Pro elf 750.377t0.-
Manslau•hter 750.321
Ma hem 750.397
Murder, 1st De•ree 750.316
Murder, 2nd Oe ree 750,317
Ne li ent Homicide 750,324
Offense b Sexuall Delin uent 767,61a .,../: Resistin or Obstructih ',Office 750:•47 ,
Riot 752.541
Robbe Armed 750.529
Robbe Unarmed 750.530
Second Offense Accosting, Enticing, or Soliciting Child
for Immoral Pursose 750.14513
Sodom 750.158
Stalkin A ravated 750.411i
Use of Internet to Ex bit or Solicit a Minor 750.145d
1, Offender must,have a sentencing guldeline.$core of at least 0-9
2. If a probation Violator must have an original,pcildeline score of O.
3. Offender may not be charged .with one of the above offenses
Offender may not have been convicted ofpneOf the
above offenses within the past 5 years
A conviction for an asterisked offense will not necessarily preclude sentencing pursuant to
the provisions of P.A. 511, in each of these cases, the defendant's prior criminal history,
evaluation of the NEEDS assessment exam, and the individual facts and circumstances will
be considered. In compeiling cases, the defendant may be permitted to be sentenced
pursuant to the provisions of PA. 511.
Resolution #02018 February 21, 2002
Moved by Crawford supported by Dingeldey the resolutions on the Consent Agenda, as amended, be
adopted,
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht,
Patterson, Sever, Suarez, Taub, Webster, Amos, (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were
adopted.
L. Br
I HEF?EBY
S Pa
THE FOREGOING RESC" "TIC
son, County e Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
February 21, 2002 with the original record thereof now remaining in my office,
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 21st day of February, 2002,
COMMUNITY CORRECTIONS ACT (EXCERPT)
Act 511 of 1988 :
791.404 Duties of state board; recidivism rates, collection and maintenance of data; manner.
Sec. 4. (1) The state board shall do all of the following:
(a) Adopt a variety of key performance indicators that promote offender success, ensure the effective
monitoring of offenders, and evaluate community corrections programs. Performance indicators must be
relevant to this act and must be reviewed on an annual basis, Not less than 1 of the key performance measures
must be the recidivism rate of offenders supervised under this act. There may be multiple recidivism measures
to account for accessibility to state and national databases, local ability to collect data, and the resources
needed to collect this data. Nothing in this subdivision requires a community corrections program operated
under this act to collect, measure, maintain, or track data for offenders who are not supervised by the
community corrections program.
(b) Adopt minimum program standards, policies, and rules for community corrections programs. The
program standards must include evidence-based practices. Program eligibility must include moderate to high
risk offenders regardless of crime class or adjudication status.
(c) Adopt an application process and procedures for funding community corrections programs, including
the format for comprehensive corrections plans.
(d) Review, at least once every 3 years, the actuarial, objective, validated risk and need assessment
instruments to ensure that they continue to meet the needs and requirements of community corrections.
(e) Recommend funding for community corrections to the director of the department based on program
performance, utilization, targeting of appropriate offenders, and adherence to evidence-based practices.
(f) Research, review, and make recommendations regarding the use of performance-based contracts within
community corrections.
(2) Any data collected and maintained under this act regarding recidivism rates must be collected and
maintained in a manner that separates the data regarding technical probation violations and technical parole
violations from data on new felony and misdemeanor convictions.
History: 1988, Act 511, had. Eff. Dec. 29, 1988;—Am, 2014, Act 466, Imd. Eff, Jan, 12, 2015;—Am. 2017, Act 3, Eff. June 29,
2017.
Popular name: Act 511
Rendered Sunday, September 10, 2017 Page 1 Michigan Compiled Laws Complete Through PA 117 of 2017
0 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov
Resolution #17287 October 11,2017
Moved by KowaII supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, KowaII, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Weipert, Woodward, Berman, Bowman. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
,1n04.•
I HEREBY APPROVE THE FOREGOING IfSa(JTION
10 1/ 3/1 7
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 11,
2017, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 11 th day of October, 2017.
42, -
Lisa Brown, Oakland County