Spring 2021 - Safe & Just Michigan
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Spring
2021
Safe & Just Michigan offered four online learning sessions during the Day of Empathy, From left to right: The Bail Project’s Asia
Johnson spoke about the harm caused by cash bail and proposals to eliminate it; State Rep. Tenisha Yancey (D-Detroit) discusses
concerns she’s heard from incarcerated constituents and their loved ones about prison conditions during the COVID-19 crisis; during
a panel on long and indeterminate sentences, the Justice Policy Institute's Director of Research and Policy, Ryan King, says criminal
justice reform can only make significant advances if it includes offenses that bear life or long sentences; a talk on civic oversight
for pregnant people in prison featured Siwatu-Salama Ra, who gave birth while incarcerated. Turn to page 6 for more information.
LOOK INSIDE
Page 2: A word from the executive director
Page 3: Michigan's prison population falls
while average minimum sentence keeps
growing
Page 4: 2020 a banner year for criminal justice
reform in Michigan
Page 5: Eight ways new laws will bring relief
Page 6: Day of Empathy brings lawmakers to
criminal justice reform advocates
Page 7: 3 Things I wish I knew with Michael
Duthler
“
The latest statistical report from the Michigan Department of
B
Corrections shows that the number of people incarcerated in the
eliefs and worldviews are formative, not state's prisons continues to decline from a high point of 51,515
neutral. Be able to articulate how they led reached in 2006, falling to 38,053 by the end of 2019 and again to
”
to your incarceration, how you've grown away 33,635 by January 2021, However, at the same time, the average
from bad ones and are shaped by good ones. minimum sentence continues to get longer. At the end of 2019, the
average minimum sentence stood at 10.8 years, up slightly from
— Michael Duthler, page 7 10.6 years in 2017. To learn more about the MDOC 2019 Statistical
Report and some of its findings, please turn to page 3.
From the director’s corner
T his is our first newsletter to you
in 2021, and already there is
much to catch up on.
Rep. Mike
Mueller. Sen.
Pete Lucido,
521 Seymour Avenue 2020 was a great year for criminal former chair
Lansing, Michigan 48933 justice reform in Michigan. Reforms of the Judiciary
517.482.7753 signed into law included Clean Slate and Public
Monday-Friday legislation and laws to expand access Safety Com-
9 a.m.-5 p.m. to professional and occupational mittee, left
Amy Smitter:
licenses, end suspension of drivers to become
Development Director licenses for non-driving offenses, Macomb County Executive Director
John S. Cooper
Anne Mahar: end mandatory jail terms for many prosecutor. His
Research Specialist misdemeanors and encourage replacement as committee chair,
Barbara Wieland: alternatives to arrest or jail. Sen. Roger Victory, supported
Communications Specialist
Dena Anderson:
Many of these are nation-leading reforms in the past, but hasn't
Membership Services Specialist reforms passed with bipartisan championed them like Sen. Lucido.
Elsie Kettunen: support in a year when politics seem We'll keep pushing for reform.
Financial Specialist more polarized than ever. We're Important bills expected to be
Jared Rodriguez: proud Michigan serves as a model introduced in 2021 include bail
Calder Group
John S. Cooper:
of what can be accomplished when reform, expanded medical parole
Executive Director people put aside differences and and Good Time/earned credits. We
Josh Hoe: work together for the common good. support them, but too few legislators
Policy Analyst Now, a new legislative session do right now, so they likely won't
Kate McCracken: has begun. New House leadership pass. We may have to settle for
Deputy Director
Noah Smith:
doesn't prioritize criminal justice progress rather than passage during
Capitol Services reform as highly. Some members this session. We will keep you posted.
Rick Speck: of the leadership team opposed Thanks,
Community Engagement Specialist reform, including new House
Veronica French: Judiciary Committee Vice Chair John S. Cooper
Office Manager
Lawmakers try again for DUI expungement
Keep in Contact:
email: info@safeandjustmi.org
web: www.safeandjustmi.org
D uring the Lame Duck session
of the Legislature, lawmakers
hurriedly passed bills that would
4220, respectively — legislation
to expunge a first-offense DUI.
These are essentially copies of
have allowed people to petition for the bills introduced last year, but
www.facebook.com/
safeandjustmi the expungement of a first-time this time they are introduced by a
DUI offense that didn't result in a bipartisan team — a feature that
twitter.com/safeandjustmi death or serious injury — the first could make a difference in winning
time DUIs would be allowed in the governor’s support.
Stay Connected After Your Parole Michigan. The bills have already cleared
We are always delighted when any These bills found widespread the House with broad bipartisan
incarcerated member is paroled. If you
bipartisan support, so it came as support and are on their way to
would like to stay in touch, please call or
write us with your new information. a shock when Gov. Gretchen the Senate. They also have the
Take Action
Whitmer refused to sign them support of Michigan Attorney
into law. General Dana Nessel, who
Encourage your friends, family and
networks to tell their legislators, pastors Fortunately, legislators didn't said she would try to secure Gov.
and leaders of organizations about Safe & give up. As soon as legislators got Whitmer's support for them.
Just Michigan, our latest reports and the back to work in 2021, Rep. Tenisha Safe & Just Michigan supports
need for sensible justice reforms that will Yancey (D-Detroit) and Rep. these bills, and we will keep you
make our communities safe.
Joseph Bellino (R-Monroe) re- updated on their progress through
introduced House Bills 4219 and the Legislature.
Safe & Just Michigan Spring 2021 • 2
Michigan Department of Corrections by the numbers
Latest MDOC yearbook for 2019 sheds light on statistical trends
The Michigan Department of Corrections released months of the COVID crisis can be attributed to
its 2019 Statistical Report, offering a glimpse into the decreased intake from county jails, which will return
corrections system shortly before the COVID-19 crisis to normal levels once COVID protocols end.
brought about significant changes. Some of those However, one new law passed in 2020 — tailoring
changes are apparent in the MDOC's January 2021 parole terms to individuals so that fewer return to
Budget Briefing to the Michigan Legislature which prison on technical violations — may result in a
details how the state’s prison population dipped sustained lowering of the prison population. We'll
sharply because of the pandemic. keep a watch on statistics and keep you informed.
Numbers don’t lie — but there’s more to the story Prison stays get longer, health costs keep climbing
Michigan’s prison population was falling before The 2019 report shows average prison sentences
COVID-19 arrived. As of Dec. 31, 2019, the state had continuing to grow. The average minimum sentence
incarcerated 38,053 people, down 1.8 percent from was 10.8 years in 2019, up 1.9 percent from 10.6 years
2018 but off 26.1 from a highpoint of 51,515 in 2006. in 2018 and up 28.6 percent from 8.4 years in 2009.
Then came COVID. By January, 2021, the state’s In 2019, the MDOC counted four more people
prison population had fallen 11.6 percent in just one serving a minimum sentence of 20 years compared
year — to 33,635 compared to 2019’s 38,053 people. to 2018 (2,586 compared to 2,582 people); 39 more
The drop is more breathtaking when you compare it people serving a minimum sentence of 25 years (2,222
to the 2006 watermark — a fall of 34.7 percent. people vs. 2,183 in 2018); and 79 more people serving
The numbers look good, but it's too soon to celebrate. a sentence of 25 years to less than life (2,861 vs.
Much of the decrease comes from one-time events 2,782). The number of people serving life sentences
rather than policy changes that can be sustained over fell less than 1 percent in 2019 to 5,017 people, down
time. MDOC spokesman Kyle Kaminski said that half from 5,056 in 2018.
of the 5.2 percent population drop in the first three Long sentences are tied to aging prison populations
and rising
medical costs.
Using inflation-
adjusted figures,
the average
health care cost
per person in
2019 was $9,221
— a 3 percent
decline from
2018's $9,502
per person.
Since 2009,
health care costs
climbed 13.7
percent from
$8,108.
Safe & Just
Michigan will
monitor MDOC
statistics and
share our
findings with
you.
Spring 2021 • 3 Safe & Just Michigan
POLICY UPDATES Michigan passes dozens of reform laws in 2020 Flurry of new laws caps banner year for criminal justice reform Michigan made great strides toward criminal justice Presumption of non-jail sentence: Judges are reform in 2020. directed to issue sentences other than jail, such In October, Gov. Gretchen Whitmer signed the as probation or community service, for most seven bills in the Clean Slate package into law. The misdemeanors and some felonies. legislation expands the number of offenses eligible for Age expansion for Youthful Trainees: The upper expungement, increase the number of expungements age limit for the Youthful Trainee Act is expanded to an individual can receive and automate expungements 25, giving more young people an alternative to jail. in many cases. So far, Michigan is the only state to Probation reforms: Changes include tailoring automate the expungement of felonies. the terms of probation to each individual; reducing It didn't stop there. In December, the Legislature probation lengths; and capping jail sanctions when pushed through 32 more criminal justice reform bills, probation terms are violated. many related to the work of the Michigan Joint Task Parole reform: Similar to probation reform, this Force on Jail and Pretrial Incarceration. requires parole to be tailored to each individual. Here's a roundup of the new laws: Occupational Licensing Reform Bills related to the jails task force Professional and occupational licensing boards have Ending driver’s license suspensions for non-driving used the “good moral character” clause to summarily offenses: Michigan’s practice of suspending driver’s deny licenses to people with a criminal record. That licenses for things unrelated to driving, such as failing changes with these new laws, which state that having to appear in court or to pay fines, has ended. In 2018, a record alone is not proof of a lack of moral character. nearly 358,000 people had their licenses suspended However, it can be taken into consideration in some for those two reasons alone. cases — for instance, someone with a child abuse Reclassifying many traffic offenses as civil conviction could be denied a license to operate a child infractions: Many traffic offenses that were day care center. misdemeanors are now civil infractions. These include Juvenile Justice Reform operating a motorcycle without a proper endorsement and allowing an unlicensed minor to drive. Since they Clean Slate for Kids: Juvenile court records will be are now civil infractions, they are ticketable offenses, sealed from public view. A process to automatically sparing people from arrest and jail. expunge those records for youth who don't commit Eliminating mandatory minimum jail sentences: future offenses will be created. Offenses covered under these new laws include Limiting the use of juvenile detention: Running operating a motor vehicle while impaired, operating a away from home is no longer a crime. The use of vehicle without a license, fraudulently using a teaching secure juvenile detention facilities for offenses that certificate or college degree to get a job, poaching, and are not crimes is now limited. Similar changes are offenses related to railroad switches and devices. made to the use of juvenile boot camps. Tickets in lieu of arrest: This allows law enforcement Safe & Just Michigan thanks the Michigan Center officers to issue tickets instead of arresting people for Youth Justice for their work on these bills. for minor offenses. This is important, as even short Food Assistance for Justice-Involved People jail stays can lead to job losses and other significant The lifetime ban on SNAP food assistance to people financial consequences. with a drug-related conviction is ended. This comes Issuing summons instead of arrest: First-time as Michigan claws its way out of a recession. Safe & instances of failure to appear in court will result in a Just Michigan is grateful to the Michigan League for summons rather than an arrest warrant. Public Policy for their hard work on this bill. Safe & Just Michigan Spring 2021 • 4
Spring 2021 • 5 Safe & Just Michigan
OUTREACH UPDATE
Day of Empathy brings legislators to advocates
O n Tuesday, March 2, Safe & Just Michigan hosted
the Michigan observation of the Day of Empathy
for the second year in a row. The Day of Empathy is a
Corrections,” Rep. Yancey said, adding that it should
include making them a priority for vaccination.
The third panel centered on the challenge of long
national event sponsored by Dream Corps JUSTICE and indeterminate sentences. Panelists state Sen.
that aims to call attention to the struggles and Jeff Irwin (D-Ann Arbor), Justice Policy Institute
humanity of people impacted by the justice system. Director of Research and
We welcomed hundreds of guests to four online Policy Ryan King and
panel discussions on bail reform, COVID-19 in Safe & Just Michigan
Michigan prisons, long and indeterminate sentencing Research Specialist
and civic oversight for pregnant people in prison. Dr. Anne Mahar
The first panel focused on injustices inherent discussed the need to
in the cash bail system and included Washtenaw expand criminal justice
County Prosecutor Eli Savit; Asia Johnson, reform to offenses that
communications associate of The Bail Project; The bear long sentences,
Bail Project client Sarah, who was still attending high and how to change
school when she was arrested; and Phil Skaggs, the public perceptions of
Lorenzo Garrett, who received
legislative director for state Rep. David LaGrand the people who are or a pardon from Gov. Gretchen
(D-Grand Rapids). have been incarcerated Whitmer in December 2020,
“For a lot of on these sentences. contracted COVID-19 earlier
our conservative Moderator Danny that year. "Everyone was
terrified," he said of the early
friends, what Jones, special project
days of the pandemic.
motivates them coordinator for the
is a sense of faith Michigan Collaborative to End Mass Incarceration,
and values that was formerly a juvenile lifer who got a chance to go
are based in home because of a
redemption. There 2012 U.S. Supreme
is something really Court ruling that said
powerful in saying juvenile lifers should
we are not going have a chance for a
Washtenaw County Prosecutor Eli to perpetually resentencing.
Savit said during a panel discussion punish someone “Sentencing ju-
on the Day of Empathy that he will
for a mistake, but veniles to life without
never pursue cash bail for anyone in
his county. a bail system that parole is unconstitu-
holds someone for tional, but we still
lack of money doesn’t allow for that,” said Savit. have a number of
The day’s second panel looked at prison life during people sentenced
the COVID-19 outbreak, and efforts to make the state that way who are
properly protect people incarcerated in state prisons. still waiting for their
This panel featured state Rep. Tenisha Yancey resentencing. That's
"Michigan's first 'Good Time'
(D-Detroit), Detroit Free Press reporter Angie an embarrassment policy was enacted 20 years after
Jackson and Lorenzo Garrett, whose sentence to our state,” Sen. we became a state. We have a
was recently commuted by Gov. Gretchen Whitmer Irwin said. He plans long history of doing this. Bringing
and who lived through the pandemic in prison. to introduce bills to it back is not radical." - Dr. Anne
“We have to make sure our most vulnerable speed up reviews of Mahar, Safe & Just Michigan
Research Specialist
populations are protected, and that includes the their sentencing, and
population within the Michigan Department of to re-introduce a bill See: Empathy, page 7
Safe & Just Michigan Spring 2021 • 6MEDIA MENTIONS Three things
Here are a few media stories that
relied on Safe & Just Michigan as a
the Sheriff Office's Ambassador
Program and Nation Outside. SJM
I wish I knew
source recently: is Nation Outside's fiscal sponsor.) Life after release
Genesee County Jail inmates State Sen. Sylvia Santana Name: Michael Duthler
voluntarily receive COVID-19 says more justice system Title: Recovery & Reentry coach,
vaccine - WJRT Channel 12 Flint, reform needed in 2021 – Fresh
March 16: “Each person that has Michigan Radio, Dec. 29: State Sen. Coast
made this poor choice that put Sylvia Santana, long an advocate Alliance
them here, it shouldn’t be a choice for justice system reform, says City:
that costs in their life,” explained there are a number of important Muskegon
Rick Speck, SJM Community problems the state should address.
Engagement Specialist. ... The … Safe & Just Michigan noted Years
Genesee County Jail made the that long sentences, combined since
COVID-19 vaccine available with truth in sentencing and release:
to every inmate on Tuesday. habitual offender laws, resulted in 3
(The vaccination program is a thousands of inmates serving time Advice to others looking
partnership between Genesee in their 50s for crimes committed forward to release:
1
County Sheriff Chris Swanson, as very young adults. For those who qualify, the
Offender Success Program
is an incredible asset that can
Empathy: Lawmakers, advocates, directly impacted assist with housing resources,
people lift voices for change ... from page 6 acquiring vital documents,
to repeal Michigan’s strict “Truth It's beyond employment and networking
in Sentencing” law — one of the frustrating. with organizations that help with
toughest of its kind in the nation It's heart- reentry. Ask your parole officer if
— that requires people to serve breaking,” you're eligible for OSP.
2
100 percent of a sentence before said Sen. Your parole officer and law
becoming eligible for release. Geiss, who enforcement are allies who
The final panel discussed civic will re- want to help you succeed, not
oversight for pregnant people who introduce enemies trying to trip you up.
are incarcerated. Panelist Siwatu- legislation State Sen. Erika Geiss Find out if a CLEAR group is held
Salama Ra lived through to protect in your area and be open to the
indignities like shackling and pregnant people in prison.
wisdom offered by those who have
having her newborn taken from Safe & Just Michigan is grateful
successfully completed parole,
her immediately after birth while to Day of Empathy national
parole officers, law enforcement
incarcerated at Women’s Huron sponsor Dream Corps JUSTICE
and others in authority positions.
Valley Correctional Facility. She and to the co-sponsors who helped
was joined by state Sen. Erika
Geiss (D-Taylor), who introduced
legislation to guarantee oversight
make this day possible: A.R.R.O.,
Carceral State Project, Citizens
for Prison Reform, FORJ (Friends
3 Beliefs and worldviews are
formative, not neutral. Be
able to articulate how they led to
to protect pregnant people in of Restorative Justice), Michigan your incarceration, how you've
prison, and Natalie Holbrook, Center for Youth Justice, Michigan grown away from bad ones and
director of the American Friends Faith in Action, Michigan Justice are shaped by good ones. This
Service Committee-Michigan Advocacy, Michigan Collaborative helps you live deliberately so that
Criminal Justice Program. to End Mass Incarceration, Nation you’re better prepared to cope
"Our sentencing system is just Outside, Still Standing and The with adversities, both now and
insensitive. It's overly punitive. Prison Creative Arts Project. when in society.
Spring 2021 • 7 Safe & Just Michigan521 Seymour Avenue
Lansing, Michigan 48933
517.482.7753 (Mon.-Fri.)
info@safeandjustmi.org Please note this newsletter was printed and distributed
www.safeandjustmi.org by BRD Printing Inc., located in Lansing, Michigan.
Mark your calendars and tell your friends and family:
Safe & Just Michigan's Annual Meeting
returns to an in-person gathering October 14, 2021
We're finalizing the program and looking forward to saying hello to members
and allies. Tell your family to mark their calendars for Oct. 14 and to save the date
for dinner, to get the latest on Michigan's criminal justice reform and to enjoy
fellowship and networking with other advocates from across the state. We'll share
news and updates from the evening with you in a newsletter after the meeting.
Stay tuned for further details, including how to get tickets!You can also read
