HomeMy WebLinkAboutResolutions - 1998.04.23 - 25252REPORT (Misc. #98069) April 23, 1998
BY:
IN RE:
GENERAL GOVERNMENT COMMITTEE, NANCY DINGELDEY,
CHAIRPERSON
MR #98069 - BOARD OF COMMISSIONERS (OPPOSES) SENATE BILLS
825, 826 AND 827 - PROPOSED CHANGES TO THE SENTENCING
GUIDELINES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The General Government Committee, having met on April 6, 1998,
recommends that the above-titled resolution be adopted with
amendments as follows:
- Amend the title:
MR #98069 - BOARD OF COMMISSIONERS (OPPOSES) SENATE BILLS 825,
826 and 827 - OPPOSITION TO THE ENACTMENT OF PROPOSED CHANGES
TO THE SENTENCING GUIDELINES UNTIL FISCAL IMPACTS ARE DEFINED
- Amend the first WHEREAS paragraph:
WHEREAS Senate Bills 825, 826 and 827 plopose La
provide THE new sentencing guidelines, which include the
provision that felons with Sentencing Guideline ranges of
0-18 months or less shall not be allowed to be sentenced
to prison; and
- Amend the NOW THEREFORE BE IT RESOLVED paragraph:
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners opposes the proposed Sentencing
Guidelines et fuiLh in Seliate Bills 825, 826 and 827
until such time as the fiscal recommendat-i-ons
IMPLICATIONS have been analyzed and appropriate funding
mechanisms added to assist local units of government in
appropriating correctional dollars to adequately handle
additional needs created by these Senate Bills.
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
V-14467tteef5
GENERAL OVERNMENT COMMITTEE 1
GENERAL GOVERNMENT: Motion carried unanimously on a roll call vote.
April 2, 1998
MISCELLANEOUS RESOLUTION # 98069
BY: PUBLIC SERVICES COMMITTEE, DAVID L. MOFFITT, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS (OPPOSES) SENATE BILLS 825,826 and 827 - PROPOSED
CHANGES TO THE SENTENCING GUIDELINES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bills 825, 826, and 827 propose to provide new sentencing
guidelines, which include the provision that felons with Sentencing Guideline
ranges of 0-18 months or less shall not be allowed to be sentenced to prison; and
WHEREAS this law, while consistent with the current goals established by
the Oakland County Community Corrections Advisory Board in reducing, if not
eliminating, the admission to prison of non-assaultive short-term felons, it will
indeed have an impact on our jail population; and
WHEREAS the Michigan Department of Corrections estimates that, statewide,
6t of these felons, who are currently sentenced to prison, represent
approximately 821 prisoners per year; and, therefore, Oakland County's share will
be significant; and
WHEREAS these same offenders use approximately 400 prison beds annually and
their exclusion from prison will represent a significant savings to the State
and, to some extent, an unfunded mandate to the Counties; and
WHEREAS given the fact that judges typically have sentenced these felons
to incarceration, there is concern that the inability to sentence to prison will
result in nearly an equal number of sentences to our local jails in lieu of
prison time; and
WHEREAS currently Oakland County jail space is at a premium; and
WHEREAS Oakland County feels it is important for the Sentencing Guideline
Commission and the Legislature to understand that sufficient resources must be
available for offenders who will be required to participate in local programs
rather than be in prison, and that those resources must be properly targeted to
serve the sanctioning and service needs of this displaced offender population;
and
NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of
Commissioners opposes the proposed Sentencing Guidelines as set forth in Senate
Bills 825, 826, and 827 until such time as the fiscal recommendations have been
analyzed and appropriate funding mechanisms added to assist local units of
government in appropriating correctional dollars to adequately handle additional
needs created by these Senate Bills.
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the
Michigan Association of Counties; the Community Corrections Advisory Boards of
the other 82 counties; State Representatives James R. McNutt, James McBryde,
Michael J. Goschka; State Senators Bill Schuette and John Cisky; and the
Honorable Governor of the State of Michigan, John Engler.
Chairperson, on behalf of the Public Services Committee, I move adoption
of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Resolution 498069 April 2, 1998
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
•
Resolution 4t98069 April 23, 1998
Moved by Dingeldey supported by Moffitt the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Dingeldey supported by Moffitt the resolution be adopted.
Moved by Dingeldey supported by Moffitt the resolution be amended to
coincide with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch,
McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos,
Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Holbert, Huntoon. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 April 23, 1998 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 23rd day of April 1998.
0 M=71
m Allen, County Clerk