"The Social Welfare Act" House Bill 5223

“The Social Welfare Act” House Bill 5223

As part of a national push to require drug testing for people currently receiving public assistance, Michigan is contemplating passing House Bill 5223, entitled the “The Social Welfare Act”.   This bill is an amendment  to current state law that "shall establish a program of substance abuse testing as a condition of eligibility for Family Independence Program assistance benefits,” according to Kenneth Kurtz (R), Chairman of the Families, Children, and Seniors committee.

In Michigan, “The Social Welfare Act” has already been deemed unconstitutional. In 1999 the National ACLU and the ACLU of Michigan challenged the constitutionality of these same efforts in the case Marchwinkski v. Howard, (113 F.Supp.2d 1134).  In this case, Plaintiffs challenged a Michigan law requiring FIA to impose testing for substance abuse as a condition of welfare eligibility.  After several court hearings and an en banc review, six federal court judges upheld the lower court’s ruling that the testing was a violation of Plaintiff’s Fourth Amendment rights because the testing was done without particularized suspicion. 

According to the National League for Human Services “no proposed or current policy in any state has been able to show that drug testing policies save any state dollars.” The legality of random or universal drug testing policy for cash assistance recipients is questionable, and it would behoove the State of Michigan to stay away from such controversial courses of action, as it will once again be challenged and end up in court. Arizona, Missouri, Oklahoma and Georgia have all passed bills to create suspicion-based drug testing policies, though the cost are high and not likely to save states any money. Arizona estimated that it would cost $3.4 million to just do testing for applicants and recipients, Oklahoma assumed a cost of $2.16 million for its program and Missouri expects to spend $1.9 million during FY12 and another $2.2 million in FY13.[i] Not to mention additional cost outside of the actual testing such as the administrative cost of staffing and training, and an increase of administrative hearings have not been taken into account.  Drug Testing.

Many others have said there is a compromise. A family receiving or applying for cash assistance should be given at least two to three months to enroll in a drug treatment program if and only if there is reasonable suspicion that there is a substance abuse problem. Secondly, their participation and progress should be measured as a part of their accomplishments in meeting self sufficiency. Failure to comply with the development toward self-sufficiency should result in grounds for penalty or termination of benefits. Fortunately, this is what the law already stipulates and is established in DHS policy. Prohibiting recipients from assistance, without proper due process, will inhibit those who are having substance abuse issues from getting treatment, as they will be burdened with no money or support, nor have the ability to get access to treatment.  Then no one wins.

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by: Al Williams

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[i] ASPE Issue Brief, Drug Testing Welfare Recipients: Recent Proposals and Continuing Controversies, October 2011

LANSING LEGISLATORS LOOK TO REVISE THE CRIMINAL DEFENDANT “YOUTHFUL TRAINING ACT”(HYTA)
On December 14th, 2011, Michigan State Senator Bert Johnson introduced Senate Bill 880, which will revise the criminal defendant “youthful trainee status” to increase the age limit from age 21 to age 26 on “youthful trainee status” forcriminal defendants, which provides a mechanism to exclude the offense on the youth’s permanent record. According to Bert Johnson the bill would also establish various conditions for this status, including a full time school, work or community service requirement and more. The new legislation as written contains Sections that will minimize or eliminate judicial discretion by the mandatory requirements relating to tether, costs, and community service. Opposition to the bill are concerned with community service being allowed to be performed for private 501(C)(3) entities.  Community service is also not appropriate forall offenses or offenders.  e.g. sexualor assault related convictions.
See legislation: http://www.michiganvotes.org/Legislation.aspx?ID=142264

Currently,in Michigan, individuals from the age of 17 until their 21st birthday who areconvicted of a crime may be eligible for Holmes Youthful Trainee Act(HYTA) to avoid a public record of conviction. The actual name of thelaw, Holmes Youthful Trainee Act, may conjure up some image of"trainees" in boot-camp, but in truth, there's nothing like that.Currently, a person who has been granted HYTA (also called YTA) by a Court must, at a minimum, be placed on Probation.A Judge cannot order more than 3 years of Probation, but the Judge can also include incarceration as part of its' Sentence. In other words, being granted HTYA status has no effect on whether the Judge sends someone to Jail, although, to be sure, in the vast majority of cases where HYTA is granted, there is no incarceration ordered.
Today, HYTA only applies to people charged with a crime which occurred after their 17th birthday, but before their21st birthday. That age range is inflexible; if someone is charged with a crime that occurred one day before their 17th birthday, or on the very day of their 21st birthday, they are ineligible.
 According to the state legislature, HYTA applies to all kinds of Crimes, not just Drug Possession charges,. There are certain exceptions: Crimes punishable by imprisonment for life (Capitol Offenses), Major Drug Crimes and all Traffic Offenses.
Originally,the reasoning behind this law is the recognition that young people, on occasion,do dumb things. An instance of bad judgment before one has the chance to mature and think like an adult should not necessarily handicap that person for life with a Criminal Record, which can have all kinds of negative consequences forfuture advancement. HYTA is equally applicable to Felonies and Misdemeanors, with the exceptions mentioned above. HYTA status allows a person to prove to the Court that they can stay out of trouble longenough to warrant dismissing the whole case without ever placing it upon their Public Record.

Legal Aid and Defender launches Advancing Justice Initiative

DETROIT - Legal Aid and Defender Association, Inc. (LAD) launched its Advancing Justice Initiative (AJI) to introduce itself to federal, state and county government officials with a series of breakfasts in Wayne, Oakland, and Macomb Counties.

LAD is Michigan's largest provider of free civil legal services to low-income residents.  It serves metropolitan Detroit through its offices in Macomb, Oakland and Wayne counties. LAD also represents criminal defendants in Wayne County and the U.S. District Court for the Eastern District of Michigan.  Including brief consultations and comprehensive legal services, the public law firm handles some 15,000 legal matters yearly.

LAD developed the AJI following a reduction in funding by the federal Legal Services Corp. that forced it to lay off 13 attorneys from the staff of its Civil Law Group.
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"We're always there for the community," Deierdre L. Weir, president and CEO of LAD, told the breakfast audience.  "We're looking for new funding and partnerships," she said.

Wayne County AJI Keynote Speaker Wayne County Executive Robert Ficano expressed his support for Legal Aid. “LAD is an important partner of Wayne County, according to County Executive Robert A. Ficano, keynote speaker at the breakfast.  He cited LAD's involvement in the county's STEP (Second Chance Through Expungement) and mortgage foreclosure programs. Legal Aid and Defender is a key part of the nation's unique legal system, Ficano said.  "It's making a difference," he said.

U.S. Rep. Hansen Clark, D-13th District, also addressed the breakfast in Wayne County, which was held at the Legal Aid and Defenders headquarters on Abbott in Downtown Detroit.

Following a welcoming address by Weir, LAD's three senior attorneys - Donald Johnson, chief counsel of the State Defender Office; Miriam Siefer, chief counsel of the Federal Defender Office; and Joan Glanton Howard, chief counsel of the Civil Law Group - described the roles of their practice groups and the clients they serve. In her talk, Howard cited the importance of the help LAD receives from pro bono attorneys from the private bar and corporate practice.

LAD clients, one a single mother with a mortgage foreclosure problem, the other a restaurateur with serious health problems, gave testimonials to the value of the help they received from LAD.

"We work with clients in a comprehensive manner, so that as we solve their legal problems, we help solve other problems as well," Weir said.  "We help people rebuild their lives and help families stay together."

Second in series of breakfasts promotes Advancing Justice Initiative
Legal Aid and Defender meets with officials in Oakland County

DETROIT - Legal Aid and Defender Association, Inc. (LAD) held the second in its series of Advancing

Justice Initiative (AJI) breakfasts to introduce itself to federal, state and county government officials Nov. 21 at the Oakland County Board of Commissioners in Pontiac.  The Oakland County Advancing Justice Initiative Breakfast was a success. Former mayor of Detroit and chairman emeritus of Detroit-based law firm Dickinson Wright PLLC, Dennis Archer was the keynote speaker. "You have in Legal Aid and Defender an outstanding organization with a staff of dedicated attorneys," he told the assembled officials.  "They care and want to make a difference in people's lives."

"What you do makes a difference," said James V. Jackson, an aide to Levin.  "I see it every day." Oakland County commissioners, state legislators and representatives of U.S. Reps. Sander Levin, D- 12th District, and Gary Peters, D-9th District, attended the meeting. "We also like to help with policy work," Howard said, including the drafting of legislation that affects poor people.

Bidelman said that LAD's work in Oakland County includes the Free Legal Information Help Desk for pro se litigants at the Oakland County Courthouse staffed by LAD attorneys and pro bono private attorneys from the Oakland County Bar Association, the bar association's Mentor Program for new attorneys, and the Lawyer of the Day program at 43rd District Court in Ferndale.

Third in series of breakfasts promotes Advancing Justice Initiative

Legal Aid and Defender meets with officials in Macomb County
DETROIT - Legal Aid and Defender Association, Inc. (LAD) held the third in its series of Advancing Justice Initiative (AJI) breakfasts to introduce itself to federal, state and county government officials Dec. 2 at the Clinton-Macomb Public Library in Clinton Township.

Joan Glanton Howard, chief counsel of the Civil Law Group, and Kelly L. Bidelman, managing attorney of LAD's offices in Macomb and Oakland counties, spoke on behalf of LAD.

"We represent people who otherwise would not be able to utilize our court system," Howard said, including people victimized by "bad actors" engaged in mortgage foreclosure and other scams.  "We're here to help your constituents," she said.  "We'd also like to be invited to comment on legislation affecting poor people," she said.

LAD came to Macomb County in 2003 as part of a consolidation of legal services programs by the Legal Services Corp., Bidelman said.  Since then, LAD's Macomb office has served more than 10,000 people and provided them with more than $3 million in economic benefits, she said.
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