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House panel approves bill to alter life-without-parole resentencing after MI Supreme Court ruling

Wayne County Jail's Division II facility, or "Old Jail" was built in 1929 and is still in use.
Walter P. Reuther Library, Archives of Labor and Urban Affairs
/
Wayne State University
Wayne County Jail's Division II facility, or "Old Jail," was built in 1929.

A state House committee voted Wednesday to advance legislation to blunt the impact of a Michigan Supreme Court decision on automatic life-without-parole sentences for young adults.

The bills could allow for longer sentences for 19- and 20-year-olds convicted of first-degree and felony murder, among other serious crimes, and allow prosecutors more time to review cases for potential resentencing.

“Life without parole was not given out lightly to begin with,” said Representative Sarah Lightner (R-Springport), who chairs the House Judiciary Committee and sponsored the bills. “You have to remember these people are murderers.”

The court ruling released in April struck down automatic life without parole for 19- and 20-year-olds convicted of first-degree and felony murder as unconstitutional cruel and unusual punishment. It followed a similar ruling applying to defendants 18 years old and younger.

Now, people who already got mandatory life sentences are being resentenced. Sometimes, that will be to multiple shorter prison terms. The current default in Michigan is for sentences to be served concurrently.

Lightner said concurrent prison terms are not tough enough. “There’s only justice given to the first victim,” she told Michigan Public Radio. “There’s nothing in law that says you have to stack the sentences consecutively, because we have concurrent sentencing.”

Consecutive years-long sentences would effectively be life in prison in some cases.

Deborah LaBelle, an attorney with the American Civil Liberties Union of Michigan said the Michigan Supreme Court decision is clear on young lifers. She said sentences of life with no chance of parole for young defendants should be rare.

“They should, when they have had the opportunity to mature and grow, be looked at again and determined whether in fact they have been rehabilitated and should be able to at some point rejoin the community,” she said.

LaBelle says the legislation would probably be found unconstitutional if signed into law because it would force consecutive sentences automatically without court hearings.
The bills, which now go to the House floor, were adopted on party-line votes.

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Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.