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Balance second chances with public safety

The Democratic-controlled Legislature is pushing a rehabilitation and reentry bill package that would potentially release some of Michigan’s most violent criminals who are in prison for acts such as murder, rape, delivery of dangerous drugs like fentanyl and even certain sexual assaults.

Second chances should be a fundamental part of Michigan’s approach to criminal justice. Redemption must be a core value of the corrections system.

Significant criminal justice reforms have passed in this state in recent years with bipartisan support in Legislatures controlled by Republicans.

This time, Democrats are acting unilaterally, not bothering to consider Republican input. That’s a mistake.

The goal of the proposed legislation is laudable. But it’s potential impact on public safety is so great it should not be rammed through on a one-party vote without debate.

A main piece of the package is the so-called “second look” bills, which would allow a sentencing hearing 10 years into a prison inmate’s term, regardless of the crime.

It would exclude adults convicted of mass shootings, domestic violence, criminal sexual conduct against a child younger than 13, child sexually explicit material and human trafficking.

The Second Chance Sentencing Act would result in 9,200 of Michigan’s 32,000 inmates becoming eligible for a resentencing hearing almost immediately, according to Michigan Department of Corrections data on individuals serving more than 10 years. That total would include 5,140 individuals serving a sentence for first- and second-degree murder and 1,760 criminal sexual conduct cases, those with the highest rates of recidivism.

Additionally, the legislation would mandate the courts expedite parole reconsideration for those who claim they have a mental illness, something many if not most of those convicted could assert in having carried out their crimes.

It sets aggressive deadlines for sentencing review, from 45 days to 180 days depending on the particulars of the case. That puts a massive burden on courts.

The Legislature would also strip the courts of power by essentially mandating what must be considered “evidence,” including information typically inadmissible at trial. That is concerning. Judicial discretion should not be bypassed.

Another main piece of the package is a prohibition on lifetime sentences for juvenile offenders. Courts should be able to sentence a juvenile to whatever term is appropriate, with periodic reviews that take in the maturation process.

“I find that unconscionable for the victims, for the community that was terrorized,” state Rep. Graham Filler, R-Clinton County, said during a committee hearing on the bills.

There is a punishment aspect of the criminal justice system that must be respected. But keeping someone who is no longer a threat to society locked up for decades for a crime committed during childhood does not serve the interests of the community.

That premise should be a starting point of any legislation aimed at reducing the prison population — how does the state make sure it keeps dangerous individuals locked up, while allowing those who have been rehabilitated to resume productive lives.

Democrats and Republicans should be able to find common ground on these reforms, as they have on past measures.

The ultimate goal should be to create a corrections system that actually corrects behavior while protecting the public from harm. That should be done with Republicans and Democrats working together.

— Detroit News

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