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August 02, 2007
MI: Will Counties Pay for Change in Sentencing Classifications
Adrian Daily Telegram - Adrian,MI,USA
Editorial
Wednesday, August 1, 2007 9:26 AM EDT
Will counties take fall for criminal changes?
At issue: A state plan to reclassify many felony crimes to save money.
Our view: Handling more crimes as misdemeanors will mainly just shift state costs to counties, while making punishment less of a deterrent.
A plan by Gov. Jennifer Granholm to reduce 142 felonies to misdemeanors and cut sentences for 58 other felonies is proposed as one way to help balance the state budget.
More likely, the plan will amount to little more than a heist of prison funds by shifting inmate costs to counties, and it should be rejected by legislators.
We agree some felonies deserve downgrading, and it's also clear that the region's poorest state can no longer afford to operate the region's largest prison system. Spending $2 billion a year on state prisons hardly fits anyones idea of "small government." Spending an eye-opening $31,000 a year per prisoner, however, indicates poor management.
Instead of addressing management, a package of bills planned by House Judiciary Chairman Paul Condino, D-Southgate, will prioritize state savings at the cost of public safety. For example, a criminal would be able to steal up to $5,000 (the current limit is $1,000) and only be charged with a misdemeanor. That punishment is neither deterrence nor retribution. Fleeing and eluding police in a high-speed chase would be only a misdemeanor, as would possessing up to two pounds of marijuana. Not all such offenders necessarily deserve prison time, but some do. Limiting the options judges and prosecutors have will severely restrict their ability to make the punishment fit the crime.
Also, when state lawmakers make local jail sentences the maximum punishment, they need to give local governments extra funding to pay for it. Fewer felony offenses will mean the current prison population of 51,000 will shrink, but will lawmakers pass the funding along to counties? Lately, state officials covering up overspending have mugged local governments with one funding grab (liquor tax proceeds) after another (revenue sharing cuts). State promises these days inspire little confidence.
The probable outcome will be that more felons will be dumped into the laps of counties. Counties, unable to properly house them, will be forced to give many an early out on their already-shorter misdemeanor sentences to clear jail space. State officials ‹ who gave up the responsibility but not all of the money ‹ will have washed their hands, and local officials will take the fall.
Protecting citizens' physical safety is the first priority of government ‹ ahead of welfare, transportation and even education. State officials must not make justice a servant of their budget crisis, nor pass the costs to local governments.
http://www.lenconnect.com/articles/2007/08/01/news/news08.txt>
Posted by lois at August 2, 2007 11:48 AM