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 Michigan
House OKs Exempting Nonviolent Minors From Sex Offender List
Gongwer News Service, November 12, 2003
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Most minors
convicted of having underage consensual sex would no longer be
required to have their names listed on the state's sex offender
registry under legislation unanimously passed Wednesday by the
House.
The bill (HB 4920) is designed to exempt nonviolent juveniles
from inclusion on a list largely comprised of rapists and
pedophiles. Parents of these minors have protested their
children's listing on the registry, which lists the names and
addresses of convicted sex offenders living in each community.
Under the bill, teenagers 13-16 years old convicted of having
underage consensual sex with another minor no more than three
years younger, would be exempt from registering on the list with
the consent of local prosecutors. Most minors under 13 also
would not have to register if the sex occurred under the same
circumstances.
And those under 16 convicted of underage consensual sex prior to
January 1 would be eligible to petition the court for exemption
from the registry.
The House also passed a bill requiring the inclusion of photos
for those remaining on the sex offender registry. Besides
increasing awareness of the sex offender's identity, supporters
of the bill (HB 5195) said it would help alleviate confusion
when someone on the list has a common name.
But some opposition to the bill was raised as it passed on an
85-17 vote over civil liberties concerns.
Both bills now go to the Senate for consideration. The House
also gave final passage to a bill (SB 516) that would prohibit
convicted sex offenders from adopting children.
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Michigan Senate OKs Jail Options for Drunken Minors
Gongwer News Service, November 12, 2003
Underage persons who consume alcoholic beverages would face
potential jail time for repeat offenses and charges could be
based not just on possession of beverages but detectable amounts
of alcohol in the body under a bill that won passage Wednesday
by the Senate.
Although opponents warned of unintended consequences, including
adding to crowded jail conditions, proponents said the bill
could reduce jail population by dealing more effectively with
young problem drinkers and noted it does provide for expungement
of a first offense for those who do not have recurring problems.
Members split mostly along partisan lines after Democrats failed
in two separate attempts to strike the jail time and to keep the
definition of minor in possession as it has been traditionally
known as purchasing, consuming or possessing alcohol.
Proponents said the bill (SB 637, passed 24-14) provides needed
tools to law enforcement to crack down on underage drinking,
particularly when instances involve persons aged 19 and 20 who
imbibe in Canada, which has a lower legal drinking age. They
added the bill is a proper response to a suggestion by the Court
of Appeals to clarify the law, which it held in a 2002 case
could not be applied to persons who became intoxicated in
Canada.
For the first time, the bill gives first-time offenders a break:
rather than facing a misdemeanor, they could be placed on
probation and the conviction would be erased if they
successfully complete the probation terms.
Sen. Tom George (R-Portage), sponsor of the bill, said the court
ruling has made it difficult for officials to enforce the will
of voters who by constitutional amendment raised the drinking
age to 21 from 18. "Jail time is important," he said. "The
judges need this tool."
He added that judges feel powerless to enforce the sanctions
when offenders scoff at probationary conditions.
For a second conviction, which would be a third offense, judges
would have authority under the bill to order jail time for those
who fail to follow through on rehabilitation and treatment
programs. Probation violators could face up to 30 days in jail
and subsequent offenses would mean up to 90 days in jail.
Sen. Liz Brater (D-Ann Arbor) had two chief concerns and will
later introduce a bill to deal with one of them: providing "safe
harbor" protection against prosecution for persons who seek
medical care for alcohol poisoning cases. She failed to get that
amendment added to the bill though Republicans said they would
consider it separately.
The Senate also rejected Ms. Brater's attempt to strip the jail
provisions from the bill. She said very good sanctions already
exist against underage drinking, including fines and suspension
or revocation of drivers' licenses. "We really need to reserve
jails for people we are afraid of," she said.
An underaged person would be deemed to be in possession of
alcohol if tests detected a blood-alcohol level of .02 percent,
far below the drunken driving threshold of .08 percent.
Sen. Mickey Switalski (D-Roseville) failed in a party-line vote
to erase that portion of the bill, saying the Legislature should
be cautious about changing the definition of possession to
something that is not commonly understood. "Are we sure we want
to water down the meaning of possession?" he said.
But Sen. Alan Cropsey (R-DeWitt) said the law as interpreted by
the Court of Appeals makes it virtually unenforceable and denied
it is a draconian response to an acknowledged problem. "You get
a free pass for a first offense," he said. "It's only when you
get to the third offense when a judge can use a threat of jail
time. Why are our jails overcrowded? It's because of alcohol
abuse and drug abuse."
Breaking party ranks were Sen. Shirley Johnson (R-Royal Oak),
who voted against the bill, and Democratic Sens. James Barcia of
Bay City, Raymond Basham of Taylor and Mark Schauer of Battle
Creek, who voted for it.
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MEA and Michigan Chamber Agree on Use of School Rainy Day
Funds
MIRS, November 12, 2003
The Michigan Education Association and the Michigan Chamber of
Commerce can hardly be described as political soul mates, but on
the issue of spending down some of the reserves in some school
Rainy Day funds, the two groups appear to be on the same page.
The union plan got a positive review from chamber lobbyist Rich
STUDLEY on Monday.
"The fact is we think they put forward last week a proposal that
is worthy of consideration," Studley told MIRS. "There are some
[Districts] sitting on substantial fund balances."
MEA President Lu BATTAGLIERI outlined a plan last week aimed at
using some but not all of the money in the cash reserves of
those districts that have large amounts of cash on hand.
Battaglieri said that is preferable, rather than cutting every
student in the state by $196. Under the MEA plan, over 400
schools would fare better than under the so-called pro-rata
approach.
Studley believes that schools that have worked hard to save
money should not be penalized, but there are still many of those
schools receiving $55 million in extra state aid under section
201 of the School Aid Act when they are not truly "needy"
schools.
Meanwhile the chair of the Senate Appropriations Committee has
her eye not only on the school cash reserves, but Rainy Day
funds for universities, junior colleges, local transportation
authorities, and cities.
"The situation is such that we have to look at every dollar we
can get our hands on. If you're sitting on some money and it's
your Rainy Day fund, the message should be it's pouring," said
Sen. Shirley JOHNSON (R-Troy).
The chair is still putting together the dollar amounts in these
various cash reserves but it's clear she sees them as one way to
help balance the state's whopping deficit although it won't
solve the problem.
"It could alleviate a little of the problem, but very little in
the scheme of things," she said while adding, it's up to the
governor to decide whether she wants to go there.
Studley embraced Johnson's broader strategy as well.
"It is timely and appropriate for the Legislature and the
administration to look at universities, K-12 education, and
local governments to make sure these local agencies are doing
everything they can to be efficient."
The Chamber has steadfastly opposed any effort to raise state
taxes to resolve the deficit, but its positive reaction to the
MEA concept now adds a bi-partisan flavor to a plan that might
get legs in the Legislature especially if the currently
non-committal Gov. Jennifer GRANHOLM moves in the same
direction.
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