Whitmer Signs Bills Expanding Criminal Justice Reform

Whitmer Signs Bills Expanding Criminal Justice Reform

Governor Gretchen Whitmer Banner - headshot with bridge graphic

 

FOR IMMEDIATE RELEASE

January 4, 2021

Contact: [email protected]

 

Governor Whitmer Signs Additional Bills Expanding Criminal Justice Reform in Michigan

The governor also signed a series of bills into law

 

LANSING, Mich. — Governor Gretchen Whitmer signed a series of bipartisan bills, including the Good Moral Character and Clean Slate for Kids packages to further advance criminal justice reform in Michigan. Together, these bills will help ensure a fresh start for youth exiting the juvenile justice system, expand opportunity to enter licensed professions, and expand access to critical benefits like SNAP. This comes after the governor signed the Michigan Joint Task Force on Jail and Pretrial Incarceration “Smart Justice” bill package earlier today.

 

“Despite the challenges 2020 presented, I am proud of the incredible work we have done as a state to reform our criminal justice system,” said Governor Whitmer. “After establishing the bipartisan Michigan Joint Task Force on Jail and Pretrial Incarceration we were able to make real and meaningful change that will impact the lives of thousands of Michiganders. I am eager to continue to work with the legislature in the new year to create a healthy and strong Michigan.”

 

“If we want to fix the school-to-prison pipeline, it starts with fixing our judicial system and investing in education,” said state Senator Sylvia Santana. “With today’s bill signing by the Governor, Michigan took a step huge forward in these areas by changing how we handle juveniles who run away from home, skip school, and disobey their parents. Under this new law, the number of days a juvenile can be locked up will be limited and the focus will be shifted to discovering the root cause of their behavior. I maintain my commitment to giving our youth a chance at the success they deserve through continued education and supportive resources, and I look forward to continuing our collective effort on more reforms with my colleagues.”

 

“When young people make a mistake, but then stay out of trouble and get their life back on track, we want to help them keep it on track by removing barriers to education and employment,” said state Senator Jeff Irwin.

 

“We should be encouraging returning citizens who continue on their path toward reform by removing the lasting barriers they face while trying to find a job,” said state Senator Jeremy Moss. “These bills will help end the prejudice against people with a criminal record who have paid their debt to society and are seeking to better themselves, provide for their families and contribute to Michigan’s economy. Our legislation is the result of years of bipartisan and bicameral efforts and I thank Governor Whitmer for her strong advocacy to change to how occupation licenses in Michigan are issued. This will have a real impact on many Michiganders by giving them a fair shot at a second chance.”

 

House Bills 4488-4492 and Senate Bill 293 comprise the Good Moral Character Package which reforms occupational licensing to expand opportunities for Michiganders post-conviction or post-judgment. The bipartisan bill package would place limits on a Board or Agency responsible for reviewing license applications from considering criminal convictions and civil judgments when determining if an applicant is of “good moral character” so that past convictions and civil judgments would be less likely to serve as a barrier to entry to licensed professions.

 

House Bill 4488 limits the situations in which a licensing board may consider criminal convictions and civil actions in determining an applicant’s good moral character. The bill was sponsored by Rep. Brandt Iden (R-Kalamazoo).

 

House Bill 4489 clarifies that the adjustments made in HB 4488 do not apply to determining “good moral character” for admission to the State Bar of Michigan and that for those purposes, good moral character would be determined by the Board of Law examiners. The bill was sponsored by Rep. Joe Bellino (R- Monroe County).

 

House Bill 4490-92 revise the definition of “good moral character” within specific acts to align with the changes in HB 4488. The bills were sponsored by Rep. Michele Hoitenga (R- Manton), Rep. Beth Griffin (R- Mattawan), and Rep. Sherry Gay-Dagnogo (D- Detroit)

 

Senate Bill 293 amends the Occupational Code to require the Department of Licensing and Regulatory Affairs (LARA) to report annually to the legislature regarding applications for occupational licenses that were denied because of an applicant’s lack of good moral character. The bill was sponsored by Senator Jeremy Moss (D- Southfield).

 

Senate Bills 681 and 682 comprise the Clean Slate for Kids package which aims to ensure a fresh start for youth exiting the juvenile justice systemThe bipartisan bill package would reform Michigan’s juvenile criminal justice laws to seal juvenile court records from public view and create a process to automatically expunge juvenile records for those who don’t commit future offenses.

 

Senate Bill 681 allows for expungement of traffic offenses for juveniles and automatic expungement for certain offenses committed by juvenile. The bill was sponsored by Senator Jeff Irwin (D- Ann Arbor).

 

Senate Bill 682 makes juvenile court records nonpublic beginning January 1, 2021, as well as expands the categories of people deemed to have a “legitimate interest” and therefore eligible to see closed court hearings and nonpublic documents. The bill was sponsored by Senator Peter Lucido (R- Shelby Twp.).

 

Governor Whitmer also signed the following criminal justice reform legislation into law:

 

Senate Bill 1006 amends the Social Welfare Act to allow individuals who committed a drug-related offense, or have outstanding warrants for such offenses, to access the Supplemental Nutrition Assistance Program (SNAP) and other food assistance t. Senator Jim Ananich (D- Flint).

 

Senate Bill 700 requires the Juvenile Justice and Delinquency Prevention Act limit the use of secure juvenile detention facilities for status offender. The bill also adjusts the list of offenses for which a juvenile may be detained pending a hearing, removing the status offense of running away from home and adding the violation of a court order. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

 

Senate Bill 893 amend the Youth Rehabilitation Services Act to change citations to the law to reflect changes in Senate Bill 700. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

 

Senate Bill 894 amend the Juvenile Boot Camp Act to change citations to the law to reflect changes in Senate Bill 700. The bill was sponsored by Senator Sylvia Santana (D- Detroit).

 

The governor also signed additional bills into law today. The bills are outlined below:

 

Bill

Description 

Sponsor

Amends the Michigan Do-Not-Resuscitate Procedure Act to allow a parent on behalf of his or her minor child to execute a Do-Not-Resuscitate (DNR) order. To view the signing statement click here.

Rep. Rebekah Warren (D- Ann Arbor)

Establishes protocols for filing with the child’s school a DNR order, POST form, revocation of a DNR order, or modification or revocation of a POST form, and to provide civil and criminal immunity for schools and school personnel who comply with a DNR order or POST form. To view the signing statement click here.

Rep. Rebekah Warren (D- Ann Arbor)

Amends the Estates and Protected Individuals Code (EPIC) to allow a guardian to execute a DNR order on behalf of the ward as provided in section 3a of the Michigan Do-Not-Resuscitate Procedure Act. To view the signing statement click here.

Rep. Daire Rendon (R- Lake City)

Amends the Michigan Strategic Fund Act to modify the definition of “rural jobs” and “capital investment fund.”

Rep. Triston Cole (R- Mancelona)

Amends section 6 of the Enhanced Driver License and Enhanced Official State Personal Identification Act to waive late fees for those individuals renewing an enhanced driver license or enhanced official state personal identification card that expires on or after March 1, 2020 and before March 31, 2021 by treating all late application for renewal as timely.

Rep. Brandt Iden (R- Kalamazoo)

Convey or transfer state-owned property consisting of two parcels in Marenisco Township, Gogebic County

Senator Ed McBroom (R- Vulcan)

Amends the Michigan Marihuana Act to appropriate Will to implement the automatic expungement legislation passed earlier this year. The bills move $24 million for the fiscal year ending September 30, 2021 from the Marihuana Registry Fund, where marijuana licensing fees are deposited, to the Set Aside Fund.

Senator Adam Hollier (D- Detroit)

 

Judge Denies Motion to Overturn Election

Judge Denies Motion to Overturn Election

Attorney General Dana Nessel

Media Contacts:

Ryan Jarvi
(c) 517-599-2746

FOR IMMEDIATE RELEASE:
Monday, Jan. 4, 2021

US District Judge Denies Motion to Overturn Election

LANSING – In a spirited opinion, US District Judge James E. Boasberg of the DC District Court today denied plaintiffs’ motion for a preliminary injunction in Wisconsin Voters Alliance et.al. v Vice President Michael R Pence et.al. Boasberg’s opinion concluded by saying that “the plaintiffs have established no likelihood of success on the merits here …”

In his opinion, Judge Boasberg said: “Plaintiffs’ aims in this election challenge are bold indeed: they ask this Court to declare unconstitutional several decades-old federal statutes governing the appointment of electors and the counting of electoral votes for President of the United States; to invalidate multiple state statutes regulating the certification of Presidential votes; to ignore certain Supreme Court decisions; and, the coup de grace, to enjoin the U.S. Congress from counting the electoral votes on January 6, 2021, and declaring Joseph R. Biden the next President.”

The action by voter groups and individual voters from the states of Wisconsin, Michigan, Pennsylvania, Georgia and Arizona was brought against Pence in his capacity as President of the US Senate, both Houses of Congress and the Electoral College itself, and several leaders of the five named states.

At the same time they filed their complaint, the plaintiffs also moved for a preliminary injunction that would enjoin the certifying of the electors from the five states and the counting of their electoral votes. The judge noted that: “In addition to being filed on behalf of Plaintiffs without standing and (at least as to the state Defendants) in the wrong court and with no effort to even serve their adversaries, the suit rests on a fundamental and obvious misreading of the Constitution. It would be risible were its target not so grave: the undermining of a democratic election for President of the United States. The Court will deny the Motion.”

The judge also noted that the Court had immediately directed the plaintiffs to file proofs of service and yet, 12 days later, the plaintiffs had failed to provide the court with any proof of notice, proof of service, or any explanation for why those were not forthcoming.

In a scathing conclusion, Judge Boasberg wrote:

“Yet even that may be letting Plaintiffs off the hook too lightly. Their failure to make any effort to serve or formally notify any Defendant — even after reminder by the Court in its Minute Order — renders it difficult to believe that the suit is meant seriously. Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures. As a result, at the conclusion of this litigation, the Court will determine whether to issue an order to show cause why this matter should not be referred to its Committee on Grievances for potential discipline of Plaintiffs’ counsel.”

A copy of the judge’s order can be found here.

Whitmer Proclaims January as Human Trafficking Awareness Month 

Whitmer Proclaims January as Human Trafficking Awareness Month 

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FOR IMMEDIATE RELEASE

January 5, 2020

Contact: [email protected]

 

Governor Whitmer Proclaims January as Human Trafficking Awareness Month

 

LANSING, Mich. — Governor Gretchen Whitmer proclaimed January 2021 as Human Trafficking Awareness Month in Michigan and released a video urging people to educate themselves on how they can help prevent human trafficking.

 

“Human trafficking happens to children, women and men every day in our country and around the world,” said Governor Whitmer. “It is often a hidden crime that can take different forms including sex trafficking, forced labor and almost always involves the exploitation of our most vulnerable. I hope this month serves as a reminder and opportunity for each of us to learn about prevention efforts and ways to support survivors and their families. If you see something, speak up and contact the National Human Trafficking Hotline at 888-373-7888. Your call could save a life.”

 

In 2019 alone there were 22,326 victims and survivors of human trafficking. Organizations across the state are working daily to enhance awareness and increase prevention efforts.

 

The Michigan Human Trafficking Commission works in collaboration with agencies, organizations, and individuals across the state to address issues arising from human trafficking. The work of the commission works to coordinate and integrates a multi-faceted, statewide solution that includes health care providers, social workers, child advocacy groups, law enforcement, faith-based organizations, legislators, and the judiciary system.

 

The Commission is made up of 14 members appointed by the Governor and works to address human trafficking in Michigan by reviewing existing laws and proposing changes, raising public awareness of the issue, providing information and training to officials and other tasks. More information about the Commission can be found at the Attorney General’s website, MI.gov/humantrafficking.

 

To view the proclamation, click the link below:

All Michiganders Must Continue Fighting to Eliminate COVID-19 

All Michiganders Must Continue Fighting to Eliminate COVID-19 

Governor Whitmer: As Michigan Surpassed 500,000 Cases and Works to Distribute the Safe and Effective Vaccine, All Michiganders Must Continue Fighting to Eliminate COVID-19

Governor reiterates calls on the federal government to pass relief funding for states

 

LANSING, Mich. — Today, Governor Gretchen Whitmer released the following statement after the State of Michigan recorded its 500,000th confirmed case of COVID-19:

 

“Since the first cases of COVID-19 were recorded in Michigan, the vast majority of Michiganders have done their part to protect themselves, their families, and our frontline workers and small business owners. Now, there is hope on the horizon. My administration, led by Chief Medical Executive Dr. Joneigh Khaldun, has been working with local health officials and health care providers to begin distributing the safe and effective vaccine, starting with our most vulnerable populations like health care workers and skilled nursing home residents and staff. We must remember that it will take some time for the vaccine to be widely available to all Michiganders, and until then, we must continue to do our part to keep ourselves and our fellow Michiganders safe. That means masking up, practicing safe social distancing, and avoiding indoor gatherings where the virus can easily spread from person to person.

 

“I was proud to work with the Legislature to pass and sign a bipartisan $106 Million Relief Plan for Michigan workers, small businesses, and more. I proposed this stimulus plan to the legislature in November because I know how much our families, frontline workers, and small businesses need relief as we head into the winter. This bipartisan relief bill will provide families and businesses the support they need to stay afloat as we continue working to distribute the safe and effective vaccine and eradicate COVID-19 once and for all.

 

“We still need our leaders in Washington to pass a relief bill that includes federal funding for states to fund crucial services like police and fire, emergency responders, Medicaid, higher education, and more. These services could face cuts without help from the federal government. I will continue holding our leaders in Washington accountable.

 

“COVID-19 didn’t end with the new year. There is still more work to do to beat this virus, but I know that Michiganders are up to the challenge. Let’s harness our Michigan grit and eliminate this virus once and for all.”

Judge issues temporary restraining order against restaurant

Judge issues temporary restraining order against restaurant

For immediate release: Dec. 31, 2020

Media Contact:
Jennifer Holton, 517-284-5724
Jessy Sielski, 517-331-1151

LANSING, MI – Ingham County Judge Wanda Stokes has issued a temporary restraining order against Café Rosetta of Calumet for continuing to operate without a valid food service establishment license. Judge Stokes’s order comes after Café Rosetta disregarded an epidemic order from the Michigan Department of Health and Human Services, which included protections against the spread of COVID-19 such as a temporary prohibition on gatherings for indoor dining in the state, and a cease-and-desist order and summary suspension order issued by the Michigan Department of Agriculture and Rural Development (MDARD). Following an administrative hearing on MDARD’s summary suspension order earlier this month, an impartial Administrative Law Judge determined that the continued operation of Café Rosetta posed an imminent threat to the public health, safety, and welfare.

“We’re pleased that Judge Stokes has ruled in the state’s favor, not only for the health of our residents, but also for the sake of the industry as a whole,” said MDARD Director Gary McDowell. “Epidemic orders issued by the state are meant to be temporary, but they only work if everybody follows the same rules. There are thousands of Michigan restaurants, bars, and businesses trying to do right by their communities and fellow business owners, but their sacrifices must not be undermined because others ignore the law and make up their own rulebook during a pandemic.”

On December 2, after MDHHS issued its epidemic order, the Michigan Department of Agriculture and Rural Development—the state agency with authority to implement and enforce Michigan’s Food Law—determined that Café Rosetta’s continued operation created an imminent or substantial endangerment to public health and summarily suspended the operation’s food establishment license.

After a December 10 hearing, an impartial Administrative Law Judge found that MDARD’s summary suspension of Café Rosetta’s license should be continued. Despite the Administrative Law Judge’s decision and order—and despite Café Rosetta not having a valid food license—Café Rosetta has continued operating in violation of Michigan’s Food Law, MCL 289.1101 et seq.

When Café Rosetta continued to offer indoor dining after this ruling, MDARD submitted a motion for a temporary restraining order to the 30th Judicial Circuit in Ingham County.

The temporary restraining order reaffirms the decisions and actions of the state regarding Café Rosetta’s operations.