Tell your lawmakers: Do the crime, do the time

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Dear Editor,

If one were to conduct a poll of the most well-known refrains in our American criminal justice system, the following would rank pretty high on the list: “do the crime, do the time.” Others that would garner votes include “eye for an eye,” “throw the book at him,” “no slaps on the wrist,” and “tough on crime.” To be sure, not everyone believes in those refrains. But collectively, they reflect the majority sentiment in this country that criminals should face real consequences for the crimes they commit. Indeed, even in the midst of today’s divisive politics, if there is one thing most people can agree on, it’s that leniency for criminals is not in society’s best interest.

And yet, as is often the case in politics, where policy is driven by the loudest voices instead of the majority view, our elected leaders have, in recent years, fully immersed themselves in the undertaking of “criminal justice reform,” largely ignoring our voices in the process.

One need look no further than our own state to demonstrate the point. In the last five years in Michigan, our legislators, on a surprisingly bi-partisan basis, has implemented the following changes to our criminal justice system under the guise of “reform”:

• They have raised the age for being prosecuted as an adult from 17 to 18, with 17-year-olds now being handled in juvenile court;

• They have expanded the use of “appearance tickets” in lieu of arrest;

• They have limited the Court’s ability to issue bench warrants when defendants fail to appear for court;

• They have imposed restrictions on the ability of courts to impose incarceration (or even probation) as part of an offender’s sentence;

• They have imposed new standards upon the Court’s ability to use juvenile detention for youthful offenders;

• They have imposed restrictions on the ability of courts to impose life-without-parole sentences for murderers under the age of 19; and

• They have expanded the ability of convicted criminals to have their convictions expunged from their record.

All of these changes beg the question: do our legislators care at all about keeping communities safe?

That question, of course, is rhetorical. But if you’re looking for an answer, look no further than the legislature’s most recent efforts. In a package of bills just passed by the Michigan Senate last week (in a midnight vote, no less), our legislators have introduced the concept of “productivity credits,” which, according to the bills’ summary, would allow the Michigan Department of Corrections (MDOC) to reduce a prisoner’s minimum sentence (i.e., make them eligible for parole sooner) based on good behavior or participation in education/vocational programming. The effect would be to eliminate Truth in Sentencing in Michigan.

Perhaps some background would be useful. In Michigan, we have what’s called “indeterminate sentencing” for felony crimes, which means that, instead of imposing a “fixed” sentence (e.g., 6 years in prison), the court imposes a minimum term (set by the sentencing guidelines) and a maximum term (set by the statute for which the person is convicted). The sentence is “indeterminate” because there is no guarantee as to when, in that range of years, a person will be granted parole. However, one thing has been clear since at least 1998, when the Legislature passed the “Truth in Sentencing” Act: a person must do 100% of their minimum term before being eligible for parole. Over the last 26 years, this law has served a useful purpose by giving at least some certainty to prison terms. It has been especially comforting for victims, who can rest easy knowing their perpetrator is going to at least serve their minimum term before being released back into society. And that comfort has never been more important than in the last few years, when it seems MDOC has been releasing hordes of prisoners (even violent ones) at their earliest eligibility.

The proposed “Productivity credits” being advanced by our current Legislature would change this landscape. It would allow MDOC to grant parole even before a prisoner’s minimum term has expired, effectively allowing them to negate the Court’s sentence. This is not what society wants.

And while it would be easy to blame Democrats for this misguided effort, a couple key points are worth noting.  First, this is not the first time our legislature has advanced this proposal. A similar law was proposed back in 2020, but it failed to make it out of committee, in part because it was opposed even by Democrats, including Attorney General Dana Nessel.  Second, the current law, although mostly supported by Democrats, had two Republican co-sponsors, and three Republicans were among the 22 that voted in favor. I’m proud to say that Senator Jon Bumstead was not one of them. Time will tell what happens in the House (here’s looking at you, Rep. Vanderwall).

Party politics aside, the fact of the matter is that this package of bills is bad news. Much like the other misguided reforms passed in the last five years, this law spits in the face of victims and makes it that much harder for prosecutors and judges to keep communities safe. It also ignores the reality that prisoners are already incentivized to be productive in prison, as it affects their eligibility for parole after their minimum term is up. In short: it’s senseless.

And that’s why I implore you to write your Representative and urge them to vote “no” on Senate Bills 0861 through 0864. Let them know that we do not appreciate laws that make our communities less safe. Let them know: if you do the crime, you should do the time!

Sincerely,

Jordan Miller

Ludington

Editor’s Note: Jordan Miller is a Ludington resident and attorney. He is currently the Chief Assistant Prosecutor for Manistee County. The thoughts and sentiments expressed herein are his own.

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