Newly Proposed Michigan Legislation Targets Criminal Justice and Prison Reforms

 Recently, I was researching newly proposed legislation in Michigan that affects prisoners and the criminal justice system in general. Quite a few bills have been proposed, including: 

* Second Look legislation (bill numbers unknown). This would give offenders sentenced to lengthy sentences the ability to petition for a second look at their sentences after ten years. This could allow prisoners who demonstrate tangible markers of rehabilitation the opportunity to have their sentences reduced. 

* Good Time legislation (H.B. 4468-4471). This would give prisoners the ability to earn good time sentence reductions off of their sentences, only in months where they receive no misconduct tickets. Prisoners could earn up to half the time off their sentences. 

* Productivity Credits legislation (H.B. 4450-4453). This would allow prisoners to earn time off of their sentences through engaging in educational opportunities, both mandated and voluntary. Prisoners could earn up to twenty percent off of their sentences; however, some restrictions on charges limit who is eligible for productivity credits. Murder convictions and any criminal sexual conduct convictions are ineligible. 

* Freedom of Information Act legislation (H.B. 4427). This legislation seeks to resolve a miscarriage of justice by allowing prisoners limited access to FOIA requests. Prisoners have had to depend on others to make requests that are necessary for legal appeals. Prisoners will only be allowed access to FOIA requests involving themselves or their children, if they still maintain parental rights. 

Several other bills seek to codify sentencing limits on juvenile offenders and protect against disparities in the criminal justice system's sentencing practices. 

The Michigan legislature will also consider a bill (H.B. 4384) that renews and modifies the mandate of the Sentencing Commission. This sentencing commission has been an important development for Michigan, which has the highest average prison sentences in the United States. The Sentencing Commission is tasked, in part, with reducing mandatory minimums in sentencing, as well as looking for other modifications that aim to make Michigan's sentencing more just. 

One thing I found interesting in this bill is the language that clarifies the commission's purpose: "To achieve offender rehabilitation, general deterrence, incapacitation of dangerous offenders, restoration of crime victims and communities, and reintegration of offenders into the law-abiding community." 

These are laudable goals, but I wonder who makes up the sentencing commission? What philosophies of incarceration are used to achieve these goals? Right now, the Michigan prison system is so understaffed that the effectiveness of offender rehabilitation is questionable. Furthermore, many studies on philosophies of incarceration have demonstrated the absolute worthlessness of deterrence as an aim. It simply doesn't work. Nevertheless, I suppose there's nothing illegal about beating a dead horse. 

Many people are hopeful that this newly elected Michigan legislature will accomplish many criminal justice and prison reforms. So far, that has not been a top priority of either the legislature or Governor Whitmer. We'll see if that changes. I know many prisoners and their families are hoping for well-thought out and effective reforms. 

It's difficult to balance the needs and desires of victims of crime with the reforms necessary to make prisons effective at rehabilitation, and cost effective. Nevertheless, both parts are necessary -- honoring victims' needs and effectively dealing with offenders so they are no longer a threat to their communities.