LANSING, Mich — A new, bipartisan package of 20 criminal justice reform bills aims to reduce Michigan's jail population by prioritizing alternatives to jail and reshaping penalties for low-level infractions.
Gov. Gretchen Whitmer signed the 20-bill package into law Monday. It was created based on recommendations from the Michigan Joint Task Force on Jail and Pretrial Incarceration – a group of criminal justice experts led by Lt. Gov. Garlin Gilchrist II and Chief Justice Bridget Mary McCormack. Together, the task force conducted a year-long study of Michigan’s jails and engaged input from the public through a series of meetings statewide.
“Our courts and justice system belong to the people, and these reforms reflect a consensus-based process that brought together all who share our commitment to fairness, accountability, transparency, and efficiency,” said McCormack. “We have more work to do to continue making Michigan even safer, but we are now a national leader in implementing criminal justice reform that is data-driven, informed by research, responsive to community input, and committed to building public trust.”
John Cooper, Executive Director for Safe & Just Michigan, said the new bills will provide steps toward ending the state’s overuse of jails. In a release, the task force emphasized this overuse, stating that jail populations have tripled in less than 40 years.
According to the task force, low-level infractions – like driving on a suspended license or violations of probation – exhaust safety resources without producing safer communities. The new bills aim to shift individuals away from jail unless they pose a threat to public safety.
The new bills will do the following:
- Eliminate license suspension for violations of the law unrelated to dangerous driving.
- Reclassify many traffic misdemeanors as civil infractions.
- Eliminate mandatory minimum jail sentences in the Motor Vehicle Code, School Code, Natural Resources and Environmental Protection Act, Railroad Code, and Public Health Code.
- Expand law enforcement discretion to issue citations for most misdemeanors and presumes citation in lieu of arrest in many cases.
- Create a presumption of a sentence other than jail for most misdemeanors and certain felonies.
- Expand eligibility for deferred judgment of guilt to 24- and 25-year-olds under the Holmes Youthful Trainee Act.
- Reduce probation terms, tailor probation conditions to address risks and needs, and cap jail sanctions for technical probation violations.
- Tailor parole conditions to address risks and needs.
“I am proud to lead the effort in the Senate on criminal justice reform, which is an issue that impacts our entire state,” said state Senator Sylvia Santana. “The bills signed into law by the Governor today marks the culmination of 18 months of bipartisan work, and while I believe we will see safer communities and less recidivism as results of these reforms, there is still much work ahead.”
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