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 Senate
Panel Gives Youths An Out From Sex Offender Public Registry
Gongwer News Service, March 2, 2004
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A Senate
committee on Tuesday toughened some aspects of legislation
giving a break to young persons convicted of age-based sex
crimes as proponents said they were trying to strike a new
balance in the operation of Michigan's sex offender registry
program.
Although a group critical of the current law for lumping "Romeos
and Juliettes" in with sexual predators said the central bill in
the package (HB 4920) represents an improvement, it was
disappointed in the changes made by the Senate Families and
Human Services Committee.
The central dispute is whether the youthful offenders must
remain covered by the sex offender registry, but simply not
disclosed to the public, as in the Senate version, or could be
removed from the list as in the House-passed version. Under both
versions, the registry requirements would apply for 10 years,
rather than the 25-year period that would remain for adult
offenders.
The bill covers two groups of offenders who have consensual sex
with another person under the age of consent: juveniles under
age 16 and those up to 21 years old who are tried as adults
under the Holmes Youthful Trainee Act. To be considered
consensual sex, there can be an age gap of no more than three
years between the two persons involved.
Sen. Bill Hardiman (R-Kentwood), committee chair, said, "We
tried to draw a balance to keep offenders on the list, but allow
a person to petition to the court to be removed from the list."
The juveniles who successfully petition the court to be removed
from the public list (posted on the Internet at http://www.mipsor.state.mi.us/)
after they reach age 18 would have to comply with registry
requirements including regular notification of whereabouts for
10 years rather than the 25 years under current law.
Youths who were convicted prior to October 1, 2004 (the
effective date for the proposed changes) would have three years
to petition courts to be removed from the public list. The
private list of names on the registry are available only to law
enforcement agencies.
Courts could not grant petitions in cases of assaultive or
coercive sex, when a person has a prior offense, or when a
person is also charged with an unrelated felony.
But Linda Zimmerman of Grand Haven, a founder of a group called
Citizens for Second Chances and the mother of a teenage boy who
is on the registry for having sex with his girlfriend, said the
new version would still leave Michigan with provisions that do
not properly distinguish between criminals who are truly
dangerous and those who have just exercised bad personal
judgment.
"It's just unfortunate that they're all lumped together
regardless of whether they're pedophiles, predators or Romeos
and Juliettes. Other states have been able to make the
distinction," she said.
The committee also approved HB 5240, which would prevent
juveniles convicted of second- and third-degree criminal sexual
conduct offenses from obtaining youthful trainee status under
the Holmes Youthful Trainee Act, and HB 5195 requiring the State
Police to include photos of the offenders on the registry as of
May 1.
The committee took no testimony on the bills before reporting
them to the full Senate on 5-0 votes.
Under current state law, juveniles charged with first- or
second-degree criminal sexual conduct must register on the sex
offender list every three months after their 18th birthday for
25 years. Those between 15 and 21 years old who are tried as
adults may be considered for the Holmes Youthful Trainee Act,
which provides a counseling and probation period that, once
completed, ends in 25 years on the registry.
Michigan's sex offender registry was briefly taken down after a
U.S. District Court ruled in 2002 it failed to meet
constitutional due process requirements, but federal appeals
courts covering both the Michigan jurisdiction and Connecticut
have ruled the registry does not violate the rights of the
offenders on the list.
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Granholm, Watkins Push Teacher Development
Gongwer News Service, March 2, 2004
The state cannot require that schools offer professional
development to teachers. But if schools want the training to
qualify for credit against their instructional time, it will
have to be demonstrably linked to meeting federal improvement
standards, Governor Jennifer Granholm and Superintendent of
Public Instruction Tom Watkins announced Tuesday.
The language is part of Ms. Granholm's school aid fund budget
for the 2004-05 fiscal year. The budget requires that schools
provide 1,098 hours of instructional time each year, but they
can include up to 51 hours of professional development as part
of that instructional time.
Under the proposal, only training deemed by the Department of
Education as helping the school move toward reaching adequate
yearly progress could count as part of the 51 hours of
professional development time.
"For the first time in Michigan we're going to require that
schools' professional development activity help teachers help
schools meet No Child Left Behind goals," Ms. Granholm said.
"This is an issue the federal government has clearly put a stake
in the ground on. We want to make sure the teachers'
professional development is aligned with that."
"Having a highly qualified teacher in front of all of our
children really matters," Mr. Watkins said.
Forcing schools toward particular topics of professional
development assumes there are schools providing training that
does not meet the standard, but neither Ms. Granholm nor Mr.
Watkins could provide examples of courses that would not be
acceptable under the proposal.
Ms. Granholm also noted there is no provision to require schools
to offer 51 hours of professional development because there is
no state funding specifically laid out to pay for that.
"What we are encouraged by is the governor is recognizing the
importance of professional development," said Margaret Trimer-Hartley
with the Michigan Education Association. "The resources to
provide professional development are also critical. We've been
coming up short."
But Ms. Trimer-Hartley said the language also has to be flexible
enough that schools are able to meet their particular needs. "We
would support permissive rather than prescriptive language in
the package," she said. "There's a great range of professional
development that can help to improve student performance. ...We
need to focus on quality professional development instead of the
superficial professional development."
A.C.T.: As far as the administration is concerned, the idea of
switching from the Michigan Educational Assessment Program High
School Test to the ACT is all but dead.
"It's got to be something that's aligned with No Child Left
Behind and it can't cost more money," Ms. Granholm said.
And Mr. Watkins said the proposal misses on both of those
counts, according to information provided to the State Board of
Education to date.
The Education Alliance of Michigan had recommended that the
Legislature continue looking at the proposal if some concerns
the group raised about the ACT can be addressed, and Mr. Watkins
said the department is working with the group to try to address
its concerns about the current testing system.
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DEQ Implements Large Animal Farm Permits
Gongwer News Service, February 27, 2004
The state's largest animal feeding operations will now have
custom permits to meet their needs under new regulations issued
by the Department of Environmental Quality.
DEQ Director Steven Chester on Friday issued the final
determination and notice regarding surface water discharges from
new Large Concentrated Animal Feeding Operations (CAFOs), which,
in compliance with federal rules issued in April 2003, requires
that any new operation housing at least twice the federal
definition of a CAFO, or with plans to expand to 3.5 times the
baseline, and having open manure and wastewater structures have
an individual permit.
Smaller new facilities still meeting the federal definition of a
CAFO will have to apply for a general permit, which is still
under development.
Under new federal rules, a CAFO has at least 700 dairy cows,
1,000 beef cattle, 2,500 swine or 5,000 birds.
Existing CAFOs fall under an earlier general permit already in
place.
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