Dear Friend,
Our government is by and for the people — and that includes the courts and justice system. For the past three years, our state government has been collaborating to fix a criminal justice system that hasn’t been fair or just. Much of this work has centered around jail and pretrial reform, and I’m proud to have played a large role in this bipartisan effort to provide effective alternatives that keep people out of jail and make our communities safer.
My bills — Public Acts 389, 390, 391, and 395 of 2021 — were the product of 18 months of work by myself and my colleagues serving on the Michigan Joint Task Force on Jail and Pretrial Incarceration. The resulting legislation ensures our communities are safer, creates relief for those struggling to do the right thing and stay out of the system, and helps our communities to experience less recidivism if fewer young adults succumb to the school-to-prison pipeline.
This bill package is just the beginning of the necessary changes that need to be made to fix a criminal justice system that overly, and inconsistently, prosecutes people of color and the poor. We must fix our system so people can get the justice they deserve, and I look forward to working on these changes for you and our communities in the future.
Working for You,
Sylvia Santana
State Senator
District 3
Website: SenatorSantana.com
Toll-free: (855) DIST003 or (855) 347-8003
Email: SenSSantana@senate.michigan.gov
Governor Establishes Bipartisan Task Force on Juvenile Justice Reform
On Wednesday, June 9, Gov. Gretchen Whitmer, along with Lt. Gov. Garlin Gilchrist, announced the formation of a bipartisan Task Force on Juvenile Justice Reform, the first of its kind in the State of Michigan, and I was proud to attend and speak on this issue on behalf of residents of the 3rd Senate District.
The task force will focus on analyzing the state’s juvenile justice system, while recommending proven practices and strategies for reform grounded in data, research, and fundamental constitutional principles. A partnership between county and state leaders, as well as other leaders involved in the juvenile justice system, members will compile an analysis of Michigan’s juvenile justice system and recommend changes in state law, policy, and appropriations to improve youth outcomes.
In April 2019, Gov. Whitmer created the bipartisan Michigan Task Force on Jail and Pretrial Incarceration, chaired by Lt. Gov. Gilchrist and Michigan Supreme Court Chief Justice Bridget McCormack, which reviewed the state’s jail and court data to expand alternatives to jail, safely reduce jail admissions and length of stay, and improve the effectiveness of the front end of Michigan’s justice system. These recommendations inspired criminal justice reform legislation that was signed into law in January 2021.
“While some have never had to experience the stress caused by an early life in the juvenile justice system, far too many Michigan children have been affected by a system that does more to penalize them instead of providing them with the support and rehabilitation they really need. It is our responsibility to make improvements to right these wrongs, and so I am proud to support a bipartisan Task Force on Juvenile Justice Reform. I look forward to working with my colleagues on building a better system that provides true, lasting justice and opportunity for our youth.”
-Sen. Sylvia Santana
Necessary Policy. Stronger Communities.
The changes to the jail and pretrial system are not only important for you and our communities, but they are also a benefit for our local governments and for our state. One of our country’s fundamental values is that you are presumed innocent until proven guilty, so our jail and pretrial justice sys-tem must reflect this core democratic value. Liberty is the presumed norm — jail or other detention should only be used as a limited exception.
The changes, signed into law earlier this year, help establish a more fair and safe judicial system that will:
- End driver’s license suspensions, except in cases of operating while intoxicated and other dangerous driving offenses.
- Reclassify many traffic misdemeanors offenses as civil infractions.
- Allow judges to better tailor parole conditions to address risks and needs.
- Expand law enforcement’s discretion to issue citations for most misdemeanors in lieu of arrest in many cases.
- Encourage judges and law enforcement to use alternatives to arrest, incarceration in jail, or probation.
The priority of this legislation is to get nonviolent offenders out of jails and back into their communities and jobs, and most importantly, back with their families so they can do good again.
But that doesn’t mean the new laws are lacking on community safety. In fact, they provide a framework for law enforcement and judges to use their discretion on past criminal history, type of crime allegedly committed, along with other factors to decide if a perpetrator is worthy of being released from jail before their trial. Our jails should be used for those who are a threat to society, not nonviolent offenders who make a rare mistake.
CRIME COSTS. COMMUNITY IMPACT.
Michigan’s criminal justice system is not only expensive when it comes to the impact it has on human lives, but it’s also a huge cost to counties and taxpayers. Due to rising jail populations, taxpayers are spending even more on county jails — an estimated $478 million was spent on county jails and corrections costs in 2017 alone — amounting to nearly $50 per Michigan resident. It’s also the third-largest county expenditure each year and comprises large portions of budgets related to public works and health and welfare projects.
While the financial cost to taxpayers is high, there is little to no proof that jail and pretrial detention have any positive effects on alleged criminals and the safety of our communities. In fact, studies have found the temporary benefits of incarceration are offset by increased future criminal offenses. Of the research available on alternatives to incarceration, there may be more community benefits to probation and other noncustodial sentences rather than jail, and in fact, there may be a higher chance of future criminal violations if someone spends extended time in jail.
DATA-DRIVEN DECISIONS. MEANINGFUL LEGISLATION.
In 2019, Gov. Gretchen Whitmer created the Michigan Task Force on Jail and Pretrial Incarceration to increase our justice system’s efficiency and effectiveness, led by Lt. Governor Garlin Gilchrist II and Michigan Supreme Court Chief Justice Bridget McCormack. I was honored and humbled to serve the people of Michigan on the task force on behalf of the 3rd Senate District. The task force also included law enforcement, judges, local officials, and other stakeholders — for a total of 21 members.
For 18 months, we examined state laws, policies, and budgetary decisions affecting who goes to jail and how long they stay. Here is a summary of our findings:
- There is little guidance on the use of jail alternatives for pretrial and sentencing practices. As a result, law enforcement and judges across the state having varying policies and practices. The judicial branch needed better guidance on when alternatives to jail were preferred.
- Traffic offenses accounted for half of all criminal court cases in 2018, and driving without a valid driver’s license was the third most common reason people went to jail in Michigan.
• Changes to the law should include two things: Changing minor traffic offenses to civil infractions and allowing alternatives to jail in cases where there was no violent conduct, such as a driving without a valid license.
• Jails and prisons shouldn’t hold people indefinitely. It’s up to lawmakers to provide a framework for the criminal justice system so law enforcement and judges can streamline the probation system, offer alternatives to jail for nonserious misdemeanors and felonies, and reduce the financial barriers to compliance.
18 MONTHS OF WORK. LIFETIME OF CHANGES.
On Jan. 4, 2021, Gov. Gretchen Whitmer signed into law a bipartisan package of criminal justice reform bills, resulting from the Michigan Joint Task Force on Jail and Pretrial Incarceration, that prioritize alternatives to jail, expand officer discretion to issue appearance tickets rather than make arrests, and reshape penalties for traffic offenses.
Together the bills seek to expand the use of jail alternatives and reserve jail for public safety risks. They eliminate driver’s license suspensions and criminal penalties for some traffic offenses; expand an officer’s discretion to use appearance tickets instead of custodial arrests; use probation, fines, and community service as sentences for low-level crimes; and limit jail time for those who violate the rules of supervision. The bills were introduced in the 2019-20 Legislative session, and include:
House Bills 5846-5852 and 6235, and House Concurrent Resolution 29
Eliminate license suspension for violations of the law unrelated to dangerous driving.
House Bill 5853
Reclassifies many traffic misdemeanors as civil infractions.
House Bills 5854-5857 and HB 5844
Eliminate mandatory minimum jail sentences in the Motor Vehicle Code, School Code, Natural Resources and Environmental Protection Act, Railroad Code, and Public Health Code.
Senate Bill 1046*
Expands law enforcement discretion to issue citations for most misdemeanors and presumes citation in lieu of arrest in many cases.
Senate Bill 1047*
Ensures summonses are used for most first-time failures to appear and allows defendants to resolve low-level warrants without being arrested.
Senate Bill 1048**
Creates a presumption of a sentence other than jail for most misdemeanors and certain felonies.
Senate Bill 1049*
Expands eligibility for deferred judgment of guilt to 24- and 25-year-olds under the Holmes Youthful Trainee Act.
Senate Bill 1050*
Reduces probation terms, tailors probation conditions to address risks and needs, and caps jail sanctions for technical probation violations.
Senate Bill 1051*
Tailors parole conditions to address risks and needs.
*Co-sponsored by Sen. Santana **Sponsored by Sen. Santana