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HomeMy WebLinkAboutResolutions - 2021.05.13 - 34429REPORT (MISC.#21172) May 4, 2021 BY: Commissioner Kristen Nelson, Chairperson, Legislative Affairs and Government Operations Committee IN RE: MR #21172 — BOARD OF COMMISSIONERS - SUPPORT FOR BAIL REFORM LEGISLATION IN MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen The Legislative Affairs and Government Operations Committee, having reviewed the above -referenced resolution on May 4, 2021, reports to recommend adoption of the resolution with the following amendment Amend the 15T BE IT FURTHER RESOLVED paragraph, as follows: BE IT FURTHER RESOLVED that the Board of Commissioners recognizes that the cash bail system can leads to s^^ al '^e^ 'ties and discrimination on the basis of poverty income and assets, not dangerousness. Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the acceptance of the foregoing report. Yvi;AZA Nj4e4 Commissioner Kristen Nelson, District #5 Chairperson, Legislative Affairs and Government Operations Committee LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #21172 BY: Commissioner Charlie Cavell, District #18; David Woodward, District #19; Gary McGillivray, District #20 IN RE: BOARD OF COMMISSIONERS — SUPPORT FOR BAIL REFORM LEGISLATION IN MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the purpose of requiring bail is to ensure a charged — but not convicted — defendant's appearance in court and to protect the public until a trial; and WHEREAS thousands of individuals in Michigan are held every day on low bonds, set neither because of safety concerns nor flight risk; and WHEREAS nationally, the increase in county jail populations over the last two decades has been caused almost entirely by an increase in pretrial detainees who cannot afford even a modest cash bail; and WHEREAS in Michigan, approximately 41 % of the statewide jail population of around 15,000 are in custody because they are unable to post a cash bail; and WHEREAS pretrial jailing of Michigan residents harms their lives and families, is disruptive to employers and landlords, and costs taxpayers $150 million annually to incarcerate people pretrial; and WHEREAS studies have repeatedly demonstrated that cash bail does little to ensure the safety of the public and in fact allows dangerous defendants with economic means to gain release; and WHEREAS the use of cash bail only serves to create disparate outcomes for those of lower socioeconomic means; and WHEREAS other jurisdictions, including Washington D.C, New Jersey, Kentucky and Illinois, have effectively eliminated the use of cash bail without any resulting increase in crime or failure to appear; and WHEREAS during the 2019-20 State House legislative session, a bi-partisan package of 10 bills was introduced to reduce inequities caused by the cash bail system and to make Michigan's bail system more fair, and WHEREAS the Bills seek to stop the practice of detaining low-income, low -risk defendants in jail because of an inability to pay bail unless that defendant poses a danger or flight risk. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby supports bail reform legislation which could potentially save taxpayers millions while also reducing the number of defendants awaiting trial in county jails. BE IT FURTHER RESOLVED that the Board of Commissioners recognizes that the cash bail system leads to social inequities and class discrimination on the basis of poverty, not dangerousness. BE IT FURTHER RESOLVED that the Board of Commissioners recognizes bail reform in Michigan would further the goals of creating a more fair and equitable system of justice for all. BE IT FURTHER RESOLVED that the Board of Commissioners commends the Oakland County Prosecutor's directive for assistant prosecutors to not request cash bonds or oppose pretrial releases in cases involving low-level, non-violent crimes. BE IT FURTHER RESOLVED that the Board of Commissioners recognizes Oakland County Community Corrections for being a leader in bail reform efforts not only in Oakland County but throughout the State of Michigan. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the State Senate Majority and Minority leaders, the State House Speaker and Minority leader, and the members of the Oakland County delegation to the Michigan Legislature. Chairperson, I move the adoption of the foregoing resolution. Charlie Cavell District #18 Resolution #21172 April 29, 2021 The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Resolution #21172 May 13, 2021 Moved by Gingell seconded by Nelson the resolutions on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Weipert, Woodward, Cavell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted (with accompanying reports being accepted). RESOLUTION TO BECOME EFFECTIVE WITWCUif COUNTY EXECUTIVE SIGNATURE. 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 May 13, 2021, 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 Circuit Court at Pontiac, Michigan this 131h day of May, 2021. -4�1 4e- Lisa Brown, Oakland County