MIP Expungement Act

Context

Reference to a current Michigan bill or law that relates in some way to your proposal: Section 436.1703

Why this proposal will make a difference in the lives of students of all ages across Michigan, or a significant subgroup (by age, background, economic status, and/or region, etc.) of students in Michigan: 

Give underage kids a second chance to get their lives back on track after receiving an MIP.

How and where did you learn about the issues underlying your proposal?

Through the Michigan Student Caucus.

Consultations

Talk directly with at least 3 real live people who have special knowledge about this topic or the impact your proposal would have, and summarize their comments. These may include people appearing in your media artifact (video, podcast, etc.).

CONSULTATION 1: Howell Undersheriff, Jeffrey Warder

CONSULTATION 2:

CONSULTATION 3:

Potential Solutions:

Describe three reasonable, feasible potential solutions or approaches that would help address this problem.

SOLUTION 1: Revoking the misdemeanors and expunging them from their record within the last 10 years starting on January 1st, 2018 through community service.

SOLUTION 2: Pay a $100 fee after 2018 to get your first MIP expunged from your record or reduced to a civil infraction.

SOLUTION 3: Leaving records the way they are and not changing the misdemeanors.

 

Reaction or advice from a Topic Coordinator:

You must solicit a critique from a topic coordinator, and explain the impact that advice has had on the final draft of this proposal.

Unable to get into contact with mentor.

Research process:

Describe your research process — indicate who you talked to (including but not limited to consultants), what you read, what your thinking was, how it changed over time, and how your consultants changed your thinking. This description of your research process definitely could include “dead ends,” or ideas you had that didn’t ultimately bear fruit.  In short, we want to know what you did and how it led to your legislation, and we also want you to give us a window into your thought process.

Problem Research: The problem with the old Minor in Possession law was that it was clogging up our courts, putting kids in jail and jeopardizing the chances of some young people to get into college or get a job.

Solution Research: Some states require a minimum sentence of at least 50 community service hours for a first-time conviction. In other states, the sentence for a first-time conviction can be as little as 24 hours or as much as 100 hours. Repeat offenders receive harsher penalties (for a DUI). Sentences for a criminal conviction can take many forms, and a conviction doesn't always mean a trip to jail or prison. Alternative sentences can include different combinations of the following: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion.

Author contributions:

Please delineate--in detail--who made what contributions to the process and to the finished proposal? Who took on which responsibilities in researching ideas, drafting language, etc.? 

Riley - Solution research

Harley - Preambulatory clauses

Kaylie - Contacted the mentor, assisted in questions and solutions, consultations

Gabe - Recorded information and typed, assisted in consultations

Nick - Solutions and counter-arguments

Melanie - Preambulatory and operative clauses

Paige - Consultations, problem research, questions, solutions, poster


 

===FORMAL PROPOSAL===

The sections below should comprise your final proposal language, submitted for consideration by your peers and potential inclusion in the MSC Platform.

Preambulatory clauses

These set up the PROBLEM, but not the solution.

WHEREAS.... Prevent your from receiving a job.

WHEREAS.... Prevent you from getting into college/university.

WHEREAS.... Prevent you from receiving financial aid.

(Add more "Whereas" clauses if necessary.)

Operative clauses

These describe in detail, the solution you are proposing (not the problem itself; those should go in the "Whereas" clauses above).

THEREFORE BE IT RESOLVED....

1. Their misdemeanor would be expunged or turned into a civil infraction.

2. Contribute to society through community services that could teach youth about the dangers of alcohol. 

3. People would learn from their mistake and no longer abuse alcohol due to the service they provided.

(Add more "Resolved" clauses if necessary.)

Counter-arguments:

What are three reasonable arguments against this proposal?

1. Alcohol could be enforced more heavily to prevent the crime from occurring.

2. People would argue that it is unfair that they have to do service while recent offenders begin with a civil infraction without any additional services.

3. They could argue that they are unable to do the community service due to transportation issues or other issues.

Costs and funding:

What will your proposal cost (in direct expenses, lost tax revenue, lost economic opportunity, and/or non-monetary costs)? How will you pay for your proposed legislation? Where will/could the funding for your proposal come from?  Who might object to dedicating resources to your proposal (competing interests)?  

The cost to start a program along with officials to monitor the program.

References:

These can include websites or other information you have found about the issue.

http://statenews.com/article/2016/12/mip-laws-changed

http://woodtv.com/2016/12/21/law-changes-penalties-for-first-offense-underage-drinking/

http://www.mlive.com/news/index.ssf/2017/01/mip_changes_other_legislation.html

criminal.findlaw.com/criminal-procedure/alternative-sentences.html

http://www.blueavocado.org/content/court-ordered-community-service-volunteers-or-prison-labor

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
Total votes: 32

Contributors