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HomeMy WebLinkAboutReports - 2010.11.03 - 8757REPORT BY: Public Services Committee, Jim Runestad, Chairperson IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL – FINAL REPORT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the final report of the Oakland County Criminal Justice Coordinating Council, hereby recommends that the report be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE REPORT BY: Criminal Justice Coordinating Council, Judge Wendy Potts, Chairperson IN RE: OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL – FINAL REPORT To the Oakland County Public Services Committee and Board of Commissioners Chairperson, Ladies and Gentlemen: The Oakland County Criminal Justice Coordinating Council, having met its charge pursuant to MR #05152 and MR #07002, hereby submits its final report to the Oakland County Board of Commissioners. HISTORY The Oakland County Criminal Justice Coordinating Council (CJCC) was created by Miscellaneous Resolution #05152 as the successor entity to the Oakland County Jail Population Task Force. The CJCC provided a forum for key justice system officials to discuss and develop consensus on policies and programs that would have an impact on jail overcrowding. Pursuant to the resolution, an 18-member Board was established with Commissioner Eric Wilson first serving as acting Chairperson. In January, 2006, Chief Judge Wendy Potts was elected as the Chairperson and Commissioner Helaine Zack as Vice Chair. Miscellaneous Resolution #05243 added three additional designations to the Council, including one additional County Executive seat, one additional 52nd District Court seat and one additional non-52nd district court seat, bringing total Council membership to 21. MR #05152 established a two year term for members of the CJCC concurrent with that of the Board of Commissioners and allowed for alternate voting members for specific seats. Membership for 2005-2006 was as follows: MR #05152 - OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP Appointing Entity Member Alternate Oakland County Board of Commissioners Commissioner Eric Wilson (Temporary Chairperson) None Required Commissioner Helaine Zack (VICE CHAIRPERSON) None Required Commissioner Hugh Crawford None Required Commissioner Eileen Kowall None Required Commissioner Mattie Hatchett None Required Oakland County Circuit Court Chief Judge Wendy Potts (CHAIRPERSON) Kevin Oeffner, Court Administrator Oakland County Board of Commissioners – Public at Large Seats Elmeka Allen Ryan Lee Berman Robin Danko Ryan Lee Berman Oakland County Sheriff Sheriff Michael Bouchard Ann Russell, Corrections Admin. Oakland County Prosecuting Attorney Prosecuting Attorney David Gorcyca Deb Carley, Chief Deputy Oakland County Circuit Court Chief Judge Wendy Potts Kevin Oeffner, Court Administrator Oakland County Community Corrections Barb Hankey, Manager Robert Gatt, Chief of Field Operations Oakland County Circuit Court Probation Kenneth Aud, Manager Jim Robertson, Program Manager Oakland County Executive County Executive L. Brooks Patterson Robert Daddow, Deputy Gerald Poisson, Deputy Oakland County Corporation Counsel Judy Cunningham, Corporation Counsel Karen Agacinski, Counsel Oakland County Police Chiefs Chief Rollie Gackstetter, Pontiac Chief Jerry Narsh, Lake Orion 52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4 Judge Julie Nicholson, 52-3 Judge Robert Bondy, 52-1 District Court Judges Association - Oakland County Non-52nd District Courts Judge Preston Thomas, 50th Judge Michael Martinez, 50th Judge Marc Barron, 48th Judge Phyllis McMillen, 51st Oakland County Bar Association- Criminal Defense Bar Amy Bowen-Krane, Attorney Gerald Gleeson, Attorney MR #07002 revised the composition of the CJCC to 19 members. MR #07002 - OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP Appointing Entity Member Alternate Oakland County Board of Commissioners Commissioner Hugh Crawford None Required Commissioner Sue Ann Douglas None Required Commissioner Eileen Kowall None Required Commissioner Helaine Zack (VICE CHAIRPERSON) None Required Commissioner Mattie Hatchett None Required Oakland County Board of Commissioners – Public at Large Seats Donna Posey Anthony Bartolotta Woodruff Adams Ryan Lee Berman Oakland County Sheriff Sheriff Michael Bouchard Undersheriff Michael McCabe Ann Russell, Corrections Admin. Major Chuck Snarey Oakland County Circuit Court Chief Judge Wendy Potts (CHAIRPERSON) Kevin Oeffner, Court Administrator Judge Steven Andrews Lisa Langton, Deputy Ct. Admin. Oakland County Community Corrections Barb Hankey, Manager Robert Gatt, Chief of Field Operations Oakland County Circuit Court Probation Kenneth Aud, Manager / Cheryl Braxton, Manager Jim Robertson, Program Manager / Graham Walker, Probation Manger Oakland County Executive Gerald Poisson, Deputy Robert Daddow, Deputy Oakland County Corporation Counsel Judy Cunningham, Corporation Counsel Karen Agacinski, Counsel Oakland County Police Chiefs Chief Rollie Gackstetter, Pontiac Chief Jerry Narsh, Lake Orion 52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4 District Court Judges Association - Oakland County non-52nd District Courts Judge Richard Kuhn, 51st Judge Robert Turner, 43rd Oakland County Bar Association- Criminal Defense Bar Amy Bowen-Krane, Attorney Gerald Gleeson, Attorney A 19 member CJCC Board remained in place for 2009-2010. 2009-2010 OAKLAND COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL MEMBERSHIP Appointing Entity Member Alternate Oakland County Board of Commissioners Commissioner Jeff Potter None Required Commissioner Shelley Taub None Required Commissioner Kim Capello None Required Commissioner Helaine Zack (VICE CHAIRPERSON) None Required Commissioner Mattie Hatchett None Required Oakland County Board of Commissioners – Public at Large Seats Travis Reeds Vanessa Rushing Arthur Makarewicz Matthew Berard Oakland County Sheriff Sheriff Michael Bouchard Undersheriff Michael McCabe Ann Russell, Corrections Admin. Major Chuck Snarey Oakland County Circuit Court Chief Judge Wendy Potts (CHAIRPERSON) Kevin Oeffner, Court Administrator Judge Mark Goldsmith Lisa Langton, Deputy Ct. Admin. Oakland County Community Corrections Barb Hankey, Manager Robert Gatt, Chief of Field Operations Oakland County Circuit Court Probation Cheryl Braxton, Manager Graham Walker, Probation Manger Oakland County Executive L. Brooks Patterson, Executive Gerald Poisson, Deputy Oakland County Corporation Counsel Judy Cunningham, Corporation Counsel Karen Agacinski, Counsel Oakland County Police Chiefs Chief David Molloy, Novi Chief John McNeilance, Director, Oak Park Public Safety 52nd District Courts Chief Judge William Bolle, 52-4 Judge Dennis Drury, 52-4 District Court Judges Association - Oakland County non-52nd District Courts Judge Richard Kuhn, 51st Judge Robert Turner, 43rd Oakland County Bar Association- Criminal Defense Bar Joseph Lavigne, Attorney Gerald Gleeson, Attorney Bylaws for the CJCC were developed that outlined the mission and function of the CJCC and reinforced the terms and membership of MR #05152. An Executive Committee was established pursuant to the Bylaws, to provide strategic leadership in planning and implementation of the CJCC’s mission and its responsibilities. A Jail Alternative Subcommittee was created to develop long-term direction on jail alternative programs and report those recommendations to the CJCC. A Data Needs Subcommittee was created to review the data needs for justice system stakeholders to more efficiently move offenders through the jail system. A Prioritization Subcommittee was established and charged with review of the Jail Population Management Task Force Report’s Immediate Range, Mid-Range, Mid-Long-Range and Long-Range recommendations to impact jail overcrowding and to recommend to the CJCC which of those recommendations to pursue. A Jail Overcrowding Emergency Act Subcommittee was established to develop proposed amendments to Public Act 325 of 1982 – County Jail overcrowding State of Emergency Act. Based on recommendations from these various Subcommittees, the CJCC took action to request cooperative efforts between Oakland County entities, legislative changes to the Jail Overcrowding Act, administrative changes to State Court Rules and to request action by the Board of Commissioners to implement various programs that would meet their charge in addressing jail overcrowding. Those actions are outlined below. Joint Administrative Order (March 2006) – Circuit Court and nine of the County’s district courts are participating to target early release of non-violent offenders who meet eligibility criteria. Those with low bonds can be released to await disposition and judges retain the right to reject early release of an inmate under their jurisdiction. Felony Plea Program – nine district courts and circuit court are participating in a program to allow for pleas in felony cases to be accepted by district court judges prior to bind over. Expansion of Alternative to Incarceration Program – places misdemeanor offenders into treatment and transitional housing facilities in lieu of jail (Funded by Board of Commissioners MR #06095). Expansion of Life Employment & Skills Program – expanded program to misdemeanant inmates who receive a 25% sentencing reduction if they successfully complete the program (Funded by Board of Commissioners MR #06095). Funding Data Needs – information Technology projects that enhance the County’s Jail Management System related to Felony Plea Bind Over, Real-time Judgment of Sentence and other Business Intelligence reporting needs (Funded by Board of Commissioners MR #06096). County Jail Overcrowding State of Emergency Act Amendments – (PA 325 of 1982) – proposed amendments to the Act to the State Legislature. As a result, PA 325 was amended to allow a county to come up with a jail management plan. If a county does not develop a plan, the default provision of HB 4725 (which ultimately became Public Act 140 of 2007) would go into effect as a pre-emptive provision to avoid a full scale jail population overcrowding situation. Certain offenders are exempt. Jail Overcrowding Study – the Sheriff and the County Executive’s Management and Budget Department are working together to identify the upfront costs of processing inmates into the jail (Adopted by Board of Commissioners MR #07240). Pilot Tethering Program – a six-month pilot program established in Circuit Court to target certain eligible inmates who served at least 50% of their sentence (Funded by Board of Commissioners MR #07226 and extended by MR #08180). Expand Tethering Program and Implement Pilot Program for Driving While License Suspended Population – expansion of the tethering program to include district courts and misdemeanants and to establish a pilot project for driving while license suspended and operating a vehicle without a.license on one’s possession offenders (Funded by Board of Commissioners MR #08181). Development of a Pre-Trial Assessment Tool – Community Corrections provided funding for the purpose of contracting with a qualified vendor to develop an objective pretrial assessment tool to assist district court judges in setting bail (Funded by Board of Commissioners MR #08157). On behalf of the Oakland County Criminal Justice Coordinating Council we would like to thank all those who participated in this important endeavor and will continue to pursue remedies to jail overcrowding issues as technology continues to improve and other opportunities for collaborative efforts arise. Chairperson, on behalf of the Oakland County Criminal Justice Coordinating Council, I recommend acceptance of the foregoing report. JUDGE WENDY POTTS, CHAIRPERSON NANCI GRANT, CIRCUIT COURT CHIEF JUDGE Report November 3, 2010 Moved by Long supported by Coleman the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Bullard, Burns, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Scott, Taub, Woodward, Zack. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, 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 November 3, 2010, 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 3rd day of November, 2010. Ruth Johnson, County Clerk