By Elena Durnbaugh
Gongwer News Service
The Michigan Sentencing Commission, created under legislation signed in 2024, met recently for the first time.
The commission, whose members include Macomb County Circuit Court Judge Jennifer Faunce, was created by PA 273 of 2024 and PA 274 of 2024. The commission's intent is to make recommendations on sentencing guidelines for the Legislature.
Michigan previously had a sentencing commission, which was created in 1994, but it was later phased out in 1997 after it created a guidelines system.
The commission is chaired by Judge Christopher Yates, who was appointed by Gov. Gretchen Whitmer, and 14 other people sit on the commission.
“Our responsibility here is not to make law,” Yates said. “We do not intend to make law. Our responsibility is to be helpful to the Legislature in recommending potential changes to the sentencing guidelines”
Joining Yates and Faunce on the panel are: Sen. Sylvia Santana, D-Detroit; Sen. Ed McBroom, R-Vulcan; Rep. Matt Maddock, R-Milford; Rep. Kara Hope, D-Holt; Assistant Attorney General Michael Doby; Kyle Kaminski of the Department of Corrections; Oakland County Prosecutor Karen McDonald; Sheryl Kubaik, dean of the Wayne State School of Social Work and founding director of the Center for Behavioral Health and Justice; Jackson County Sheriff Gary Schuette; former Sen. Rick Jones; Judge Pam Lightvoet; Attorney Anne Yantus; and Heath Lowry of the Michigan Coalition to End Domestic and Sexual Violence.
Yates said he felt there was merit in reviewing sentencing guidelines to make sure that they match the understanding of the Legislature and that they’re functioning well in courts across the state.
“Our intention in this project is to develop carefully considered and data supported recommendations for guideline modifications,” he said.
Yates said he expected to form subcommittees to vet specific policy initiatives, but he underscored it would be the Legislature’s responsibility to change the guidelines.
McBroom sponsored the legislation to create the commission.
“It’s become my opinion, over the years, we in the Legislature that make sentence, and the legislation that we pass with these new crimes that we establish or alteration of current crimes, have very little data or metric in determining that, besides emotions or public sentiment,” he said.
“This commission can and should fulfill a roll of providing better guidance to the Legislature in the future for what sentences out to be.”
John Cooper will act as chief of staff and Kristin Brady is research director.
The commission will use data from the state’s Non-Violent Offender Classification system to support its work.
In June, the commission plans to present guidelines, compliance and uniformity factors regarding sentence lengths. In September, it plans to present on geographic variation in sentence length, as well as crime type trends. In November and December, the commission will work on its annual report.
Yates said he would like the commission to consider some sentencing practices drawn from federal sentencing guidelines, including a reduction in sentence for substantial assistance to law enforcement and a reduction in sentence for accepting responsibility.
He also said he wanted to clarify existing guideline provisions that were confusing or “completely incomprehensible.”
One of the issues he brought up was scoring certain offensive variables.
“I am confident that the Sentencing Commission will serve as a resource to both the Legislature and the public, and that it will help the State of Michigan better understand its sentencing and corrections system, identify areas for improvement, and develop policy recommendations that will lead to better outcomes,” Yates said in a statement sent out before the meeting. “Michigan has not had a functioning Sentencing Commission since 1997. Much has taken place since that time, and we have much to learn and discuss as a commission.”
Gongwer News Service
The Michigan Sentencing Commission, created under legislation signed in 2024, met recently for the first time.
The commission, whose members include Macomb County Circuit Court Judge Jennifer Faunce, was created by PA 273 of 2024 and PA 274 of 2024. The commission's intent is to make recommendations on sentencing guidelines for the Legislature.
Michigan previously had a sentencing commission, which was created in 1994, but it was later phased out in 1997 after it created a guidelines system.
The commission is chaired by Judge Christopher Yates, who was appointed by Gov. Gretchen Whitmer, and 14 other people sit on the commission.
“Our responsibility here is not to make law,” Yates said. “We do not intend to make law. Our responsibility is to be helpful to the Legislature in recommending potential changes to the sentencing guidelines”
Joining Yates and Faunce on the panel are: Sen. Sylvia Santana, D-Detroit; Sen. Ed McBroom, R-Vulcan; Rep. Matt Maddock, R-Milford; Rep. Kara Hope, D-Holt; Assistant Attorney General Michael Doby; Kyle Kaminski of the Department of Corrections; Oakland County Prosecutor Karen McDonald; Sheryl Kubaik, dean of the Wayne State School of Social Work and founding director of the Center for Behavioral Health and Justice; Jackson County Sheriff Gary Schuette; former Sen. Rick Jones; Judge Pam Lightvoet; Attorney Anne Yantus; and Heath Lowry of the Michigan Coalition to End Domestic and Sexual Violence.
Yates said he felt there was merit in reviewing sentencing guidelines to make sure that they match the understanding of the Legislature and that they’re functioning well in courts across the state.
“Our intention in this project is to develop carefully considered and data supported recommendations for guideline modifications,” he said.
Yates said he expected to form subcommittees to vet specific policy initiatives, but he underscored it would be the Legislature’s responsibility to change the guidelines.
McBroom sponsored the legislation to create the commission.
“It’s become my opinion, over the years, we in the Legislature that make sentence, and the legislation that we pass with these new crimes that we establish or alteration of current crimes, have very little data or metric in determining that, besides emotions or public sentiment,” he said.
“This commission can and should fulfill a roll of providing better guidance to the Legislature in the future for what sentences out to be.”
John Cooper will act as chief of staff and Kristin Brady is research director.
The commission will use data from the state’s Non-Violent Offender Classification system to support its work.
In June, the commission plans to present guidelines, compliance and uniformity factors regarding sentence lengths. In September, it plans to present on geographic variation in sentence length, as well as crime type trends. In November and December, the commission will work on its annual report.
Yates said he would like the commission to consider some sentencing practices drawn from federal sentencing guidelines, including a reduction in sentence for substantial assistance to law enforcement and a reduction in sentence for accepting responsibility.
He also said he wanted to clarify existing guideline provisions that were confusing or “completely incomprehensible.”
One of the issues he brought up was scoring certain offensive variables.
“I am confident that the Sentencing Commission will serve as a resource to both the Legislature and the public, and that it will help the State of Michigan better understand its sentencing and corrections system, identify areas for improvement, and develop policy recommendations that will lead to better outcomes,” Yates said in a statement sent out before the meeting. “Michigan has not had a functioning Sentencing Commission since 1997. Much has taken place since that time, and we have much to learn and discuss as a commission.”
