MICH. LAWMAKERS CONSIDERING “PRODUCTIVITY CREDITS” BILL #SB 861 BARRING PEOPLE CURRENTLY IN PRISON

Women’s Huron Valley Correctional Facility college graduates walk down the aisle to receive Associates Degree diplomas; June 17, 2019. Jose Juarez, Detroit News.

MICHIGAN SENATE BILL 861 DISCRIMINATES AGAINST ALL WHO ARE CURRENTLY INCARCERATED IN MDOC

Part of “Safer Michigan Act,” BILL allows only future incarcerated individuals to earn up to 20% off prison sentences

“Productivity Credits” apply to future sentences . . .ensure that victims are notified every step of the way. They are not applied retroactively.”

Bill does not apply to 40% of the prison population, those serving time for specified felonies

S.B. 861 provides “UNEQUAL Justice under Law,” contrary to this slogan at entrance to U.S. Supreme Court building.

MARIO SMITH

By Mario Smith

June 25, 2024

On June 20, 2024, Michigan’s Senate Civil Rights, Judiciary, And Public Safety Committee heard testimony from committee members and special interest groups concerning Senate Bill 861 titled,” Productivity Credits”. This bill will allow future incarcerated citizens convicted of certain offenses to earn up to 20% off of their sentence for earning a G.E.D. and completion of rehabilitation programs.

However, those who are currently serving a term of years sentence under Truth-In-Sentencing” rules will not earn anything, in spite of completing the same rehabilitative programming and achieving their G.E.D.

Passing this bill sends a message to current incarcerated citizens, their families, and the public that, “We do not care about wasting tax-payers dollars by warehousing citizens who are no longer a risk to the public. We do not care how time much you have served. We do not care about how much you took advantage of limited programming with no incentives. However, we do care about our own political interest on election day.”

Michigan Department of Corrections are already dangerously understaffed, and allowing certain classes of incarcerated citizens to benefit from S.B. 861 will cause jealousy and animosity amongst their fellow peers, and create a more dangerous environment.

There is an inscription at the top of our United States Supreme Court that says,” EQUAL JUSTICE UNDER LAW”. S.B. 861 flies in the face of this promise.

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Sen. Jeff Irwin Introduces Bipartisan “Safer Michigan Act” to Reduce Future Crime — Excerpts of Senate Press Release May 27, 2024

LANSING, Mich.— Sen. Jeff Irwin (D-Ann Arbor) has introduced Senate Bill 861 as part of the Safer Michigan Act (SB 861–864), a bipartisan package of bills that will establish Productivity Credits, a proven safety strategy. Productivity Credits are designed to make Michigan safer and to more effectively invest our tax dollars in proven strategies that reduce crime, address the needs of current victims, and reduce the number of victims in the future.

“Productivity Credits incentivize prisoners to rehabilitate and lead meaningful lives after their time is served,” said Sen. Irwin. “The Safer Michigan Act will enable rehabilitation programs that are proven to reduce recidivism while also requiring additional safety measures to be put in place for past victims of crime. I’m proud to stand by thousands of crime victims, as well as law enforcement, business leaders, and faith groups in Michigan, who have already voiced their support for the Safer Michigan Act.”

Productivity Credits only apply to future sentences and ensure that victims are notified every step of the way. They are not applied retroactively.

Productivity Credits would allow eligible prisoners to earn a capped amount of time towards earlier parole consideration by participating in programs proven to reduce the likelihood of re-offense.
The parole board will continue to make the final decision on when and whether someone should be released, no matter how many programs they have completed.
Prosecutors and judges retain their discretion.
People convicted of murder, sex offenses, and human trafficking (roughly 40% of the prison population) will not be eligible to earn Productivity Credits.
Additionally, Productivity Credits have no impact on truth-in-sentencing. Prosecutors must provide notice to crime victims at the time of sentencing in any case where a person may become eligible to earn Productivity Credits so victims can have certainty of the minimum amount of time someone will serve before they are eligible for release.

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