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HomeMy WebLinkAboutResolutions - 2002.02.21 - 26786PUBLIC SERVICES COMMITTEE MISCELLANEOUS 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, 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 benefit 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 60 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 facts 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 CCAB 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 (CCAB) voted unanimously to accept these changes, and NOW THEREFORE 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 Listing OFFENSE MCL # Assault of a Police Officer 750.479a(6) Assault with Intent to Commit Criminal Sexual Conduct 750.520G 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 Personal Property over $200* 750.7(c) or (d) Careless Use of Firearm to Kill 752.861 Carjacking 750.529a Child Abuse - 1st Degree 750.136b(2) Child Abuse 2nd Degree* 750.136b(3) Child Abuse - 3rd Degree 750.136b(4) Child Abuse - 4th Degree* 750.136b(5) Criminal Sexual Conduct, 1st degree 750.520B Criminal Sexual Conduct, 2nd degree 750.520C Criminal Sexual Conduct, 3rd degree 750.520D Criminal Sexual Conduct, 4th degree 750.520E Criminal Sexual Conduct, Second or More Offenses 750.520F Domestic Assault 3rd Offense* 750.81(4) Explosives, Sending with Intent to Injure 750.204 Explosives, Placing with Intent to Destroy or Injure 750.207 Explosives, Placing Offensive Substance with Intent 750.209 Explosives, Possession with Intent to Use Unlawfully 750.210 Explosive Device, Construction, Use, Possession 750.211a Extortion 750.213 Felonious Assault* 750.82 Felonious Driving* 752.191 Fleeing &Eluding 4th Degree* 750.479a(2) Fleeing & Eluding 3rd Degree* 750.479a(3) Fleeing & Eluding 2nd Degree 750.479a(4) Fleeing & Eluding 1st Degree 750.479a(5) Gross Indecency Between Males 750.338 Gross Indecency Between Females 750.338(a) Gross Indecency Between Males and Females 750.338(b) Home Invasion 1st Degree 750.110a(2) Home Invasion 2nd Degree* 750.110aN Inciting to Riot 752.542 Jail Break-Armed 750.197 Kidnapping 750.349 Larceny from a. Person * 750.357 • Malicious Destruction of Police/Fire Dept. Property* 750.377b Manslaughter 750.321 Mayhem 750.397 Murder, 1st Degree 750.316 Murder, 2nd Degree 750.317 Negligent Homicide 750.324 Offense by Sexually Delinquent 767.61a Resisting or Obstructing Officer* 750.479 Riot 752.541 Robbery Armed _750.529 Robbery Unarmed 750.530 Second Offense Accosting, Enticing, or Soliciting Child for Immoral Purpose 750.145B Sodomy 750.158 Stalking, Aggravated 750.411i Use of Internet to Exploit or Solicit a Minor 750.145d 1. Offender must have a sentencing guideline Score of at least 0-9 2. If a probation Violator must have an original Guideline score of 0-6 3. Offender may not be charged with one of the above offenses 4. Offender may not have been convicted of one of 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 compelling cases, the defendant may be permitted to be sentenced pursuant to the provisions of P.A. 511. 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. G. William Caddell, County Clerk 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. II HEREBY L. Brooks Pa THE FOREGOING RESP' "TIC Date eon. County Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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.