Michigan Association of Chiefs of Police
Priorities for the 2009 – 2010 Legislative Session
Secure sufficient funding for MCOLES, CJIS and LEIN to meet statutory mandates.
The Michigan Commission on Law Enforcement Standards (MCOLES), Criminal Justice Information System (CJIS) and Law Enforcement Information Network (LEIN) are all critical components of an effective and efficient law enforcement community.
MCOLES is established under Public Act 203 of 1965, as amended. This legislation mandates the establishment and maintenance of standards governing the employment and training of Michigan’s law enforcement officers. MCOLES funding has not kept pace with legislative mandated responsibilities.
The Law Enforcement Information Network (LEIN) is one component or the overall Criminal Justice Information System (CJIS). The cost of LEIN increases every year. The LEIN system, LEIN management and LEIN oversight requires a major upgrade, some of that upgrade mandated to meet federal obligations. While state revenue sharing to local governments has been reduced, the cost of operating LEIN continues to increase. LEIN is but one component of the every expanding CJIS suite. An overall review of the CJIS system and LEIN interaction with its various components is necessary to determine the appropriate cost of LEIN to the local units of government. Without new sources and dedicated sources of funding, the evolving CJIS systems, including LEIN, is not possible.
Preliminary Exam Reform
Michigan is one of few states that still require a preliminary examination determination of probable cause after a District Judge has already judicially determined probable cause while reviewing the Prosecutor’s issuance of a criminal Complaint and Warrant in every felony case. In Michigan, more than 75% of all preliminary exams are cancelled after victims, witnesses and police officers have been subpoenaed and appear to testify. The current process exploits victims and wastes millions of taxpayer dollars. By reforming this process Michigan could reserve the right to a preliminary examination for the most serious offenses, yet end unnecessary exploitation of victims and wasteful government spending.
Maintaining Sufficient Revenue Sharing to Local Governments
Since 9/11, Michigan has lost 1,759 police officers. For every sworn position lost, it is likely several support positions have been lost as well. While revenue sharing is not the only depleted fund, it is a critical element of local government budgets. With the current state of the economy and decline in housing markets revenue sharing dollars to local governments is even more critical to the overall quality of life in our communities. Police, fire and other public safety services typically represent at least 50% of local government general fund budgets. Additional cuts to revenue sharing will have serious negative effects on Michigan’s citizens.
Assure sufficient funding of Michigan State Police services to local police agencies.
Many Michigan police agencies, sheriffs, prosecutors and courts are dependent on State Police support services, such as forensic crime laboratories, computer crime labs and investigative services, and other important support services. Continued reductions in those services seriously undermine the efficient and effective administration of justice. As just one example, the prosecutor has fourteen days from the date of a person’s arrest to conduct a preliminary examination. Because MSP crime labs are under funded, police and prosecutors may wait months before they have laboratory analysis that may be presented in a hearing. Thus, many cases are delayed or dismissed. Delays of this type occur often in drug-related cases, assaultive or other serious crimes. With the closure of the Detroit Police Laboratory and their entire caseload being shifted to the State Police Laboratories the delays have become greater and the need for adequate funding critical. The inability to turn around critical scientific evidence in a timely manner seriously hampers the ability to bring serious offenders before the criminal justice system and has negative impact on Michigan’s citizens and on its communities.
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