Monthly Report July 2017

13,379 Total telephone calls o 4,431 on emergency lines o 8,948 on non-emergency lines

4 Texts-to-911

8,483 Incidents o 6,619 Law Enforcement o 1,280 EMS o 584 Fire

2 New addresses issued Training:

All department members received in-house training on severe weather monitoring. Technology and Radios:

A severe thunderstorm moved the point-to-point dish on our tower, causing communication disruptions for approximately six hours on July 7th.

Working on public education materials, securing tower site locations, equipment storage, and other details of the radio project and upcoming election.

Operations:

Telecommunicators worked the command post at the Delta Township fireworks. The Radio Manager worked with the Emergency Manager to stand up additional communication resources to assist police, fire, and EMS working the event.

We experienced an increased call volume on July 7th due to a severe thunderstorm in the morning.

Outreach:

We continue our efforts to increase our social media presence. Our posts on Facebook reached over 186,000 people in July! Engagement was up 54% in July.

Hosted the Michigan APCO/NENA meeting.

Rave Report:

Yours Truly,

Michael Armitage Director

Eaton County Central Dispatch Total Calls For Service

July 2017

Type Agency Month To Date Year To Date

Calls %/Total Calls %/Total

EMS 1,280 15.1% 8,763 15.3%

Fire 584 6.9% 3,748 6.6%

Police 6,619 78.0% 44,676 78.1%

Total Calls 8,483 100.0% 57,187 100.0%

911ADMIN\REPORTS\PFEPFE-2017.xls JulTot 8/1/2017

Eaton County Central Dispatch EMS Calls For Service

July 2017

Agency Month To Date Year To Date

Calls %/Total Calls %/Total

Bellevue MFR 0 0.0% 101 1.2%

Benton Twp. EMS 52 4.1% 362 4.1%

Delta Twp. EMS 482 37.7% 3,258 37.2%

Eaton Area EMS 498 38.9% 3,371 38.5%

Grand Ledge EMS 139 10.9% 948 10.8%

Vermontville EMS 16 1.3% 78 0.9%

Windsor Twp. EMS 87 6.8% 602 6.9%

Outside Agencies* 6 0.5% 43 0.5%LIFE, LTEM, NEMS

Total EMS Calls 1,280 100.0% 8,763 100.0%

* Agencies Outside Eaton County

911ADMIN\REPORTS\PFEPFE-2017.xls JulEMS 8/1/2017

Eaton County Central Dispatch Fire Calls For Service

July 2017

Agency Month To Date Year To Date

Calls %/Total Calls %/Total

Bellevue Fire 29 5.0% 72 1.9%

Benton Twp. Fire 16 2.7% 100 2.7%

Charlotte Fire 80 13.7% 451 12.0%

Delta Fire 195 33.4% 1,402 37.4%

Eaton Rapids City 50 8.6% 320 8.5%

Eaton Rapids Twp. 53 9.1% 321 8.6%

Grand Ledge Fire 32 5.5% 315 8.4%

Hamlin Twp Fire 22 3.8% 109 2.9%

Olivet Fire 18 3.1% 129 3.4%

Potterville City Fire 10 1.7% 53 1.4%

Roxand Twp. Fire 3 0.5% 62 1.7%

Sunfield Fire 36 6.2% 178 4.7%

Vermontville Fire 8 1.4% 56 1.5%

Windsor Fire 21 3.6% 129 3.4%

Outside Agencies* 11 1.9% 51 1.4%

LTFD, LAFD, NFD

Total Fire Calls 584 100.0% 3,748 100.0%

* Agencies Outside Eaton County

911ADMIN\REPORTS\PFEPFE-2017.xls JulFD 8/1/2017

Eaton County Central Dispatch Police Calls For Service

July 2017

Agency Month To Date Year To Date

Calls %/Total Calls %/Total

Bellevue Police 21 0.3% 491 1.1%

Charlotte Police 913 13.8% 5,515 12.3%

Eaton County Sheriff 3,710 56.1% 24,113 54.0% Delta 1,924 29.1% 13,014 29.1% Out County 1,618 24.4% 9,855 22.1% Animal Control 168 2.5% 1,244 2.8%

Eaton Rapids Police 490 7.4% 3,207 7.2%

Grand Ledge Police 707 10.7% 4,888 10.9%

Michigan State Police 437 6.6% 3,348 7.5%

Olivet Police 40 0.6% 355 0.8%

Potterville Police 286 4.3% 2,678 6.0%

Outside Agencies* 15 0.2% 81 0.2%ME, DNR

Total Police Calls 6,619 100.0% 44,676 100.0%

911ADMIN\REPORTS\PFEPFE-2017.xls JulPD 8/1/2017

Eaton County New BuildsEaton County New Addresses July 2017

Certificate # New Address City Zip CodeDate Issued Permit Type2017-99 EATON RAPIDS9467 ROSSMAN HWY 48827July 16, 2017 NEW BUILD2017-101 GRAND LEDGE10535 SADDLEBROOK DR 48837July 30, 2017 NEW BUILD

1

July 25, 2017

«Official_Name», «Official_Title» «Municipality» «Address» «City» MI «Zip»

Dear «Official_Name»,

I would like to invite you to attend a presentation to learn more about the proposed 9-1-1 phone surcharge. The surcharge would be used to fund a new public safety radio system in Eaton County and will appear on the November ballot. We have scheduled identical presentations at two separate times for your convenience:

Thursday, August 31, 2017 at 9 a.m. and 7 p.m.

Eaton County Central Dispatch 911 Courthouse Dr. Charlotte MI 48813

The Eaton County Commissioners have approved ballot language that will ask voters to approve a $1.75 surcharge to fund the public safety radio project. If approved, the funds will be used to upgrade radio equipment to ensure one countywide system for all users that can communicate with other agencies in the county and surrounding agencies.

Our intention with the August 31st presentations is to convene leaders from the cities, townships and villages within Eaton County to discuss what such an investment in public safety will mean for the greater community.

We also intend to provide educational materials that you can share within your residents and officials that explains the phone surcharge and what it will be used for. There will be an opportunity for questions and answers.

On behalf of those entrusted with providing public safety services to the communities where we live and work, I hope that you will be able to join us for one of the important presentations on August 31st. If you have questions prior to that time, please feel free to contact me at 517-525-0313 or marmitage@eatoncounty.org.

Sincerely,

Michael Armitage Director, Eaton County Central Dispatch

P a g e | 1

Eaton County Public Safety Radio Project

Frequently Asked Questions

What is being requested?

The ballot question asks to allow the county to access a 911 surcharge of up to $1.75/month to

be used to fund a new public safety radio system in Eaton County. A surcharge of $1.75/month

would fully fund a new radio system for all first responders in the county.

What is the issue?

Public Safety in Eaton County operates on eight different radio systems, creating challenges for

all emergency responders to communicate with each other. Some first responders carry multiple

devices in order to talk to various responding agencies. This has led to lapses in

communication, especially if information is transmitted on a wrong device.

Additionally, the system is aging and experiencing failures. This outdated technology poses

many challenges and risks to public safety users including limited coverage, interference (some

service-impacting), limited interoperability, and system failures. Major components of the current

system will not be supported beginning April of 2018, three quarters of our tower radios will no

longer be readily available. Having equipment that is no longer supported will provide

challenges when it comes to acquiring parts which could lead to system vulnerability and

extended system outages. The system is at the end of its serviceable life and has been

experiencing an ever-increasing number of failures that require immediate resolution.

Why join the Michigan Public Safety Communications System (MPSCS)?

For the past two years, the Radio System Advisory Workgroup (RSAW) has been diligently

collecting information, identifying options, and performing site visits to determine the correct

solution for the County. Ultimately, the RSAW unanimously recommends that Eaton County join

the Michigan Public Safety Communication System (MPSCS) by expanding their network into

Eaton County. This will provide a robust solution including enhanced voice communication

coverage, increased security of the system, reduced interference, and a reliable and serviceable

system to protect persons and property. This solution will provide better interoperability both

within Eaton County, and with neighboring counties. Additionally, by being part of the MPSCS,

the agencies in Eaton County will be able to utilize towers outside of the county, which will

expand range for mutual aid, prisoner transports, or other activity that may extend outside our

geographic boundaries.

This solution also provides financial benefits as the MPSCS already has their main tower

located in Eaton County, which would be utilized to for coverage in the northeast corner of the

county. Additionally, users of the system benefit from MPSCS network monitoring maintenance

services at cost. The MPSCS also has a strong and respected track record of upgrading all of

the equipment at the tower sites (including locally owned) located on the network, which would

eliminate significant long term costs to the county for the replacement of aging equipment.

Who will benefit from the system?

Every community within Eaton County would benefit from the system. All local police, fire, and

EMS agencies would receive new radio equipment and benefit from the improved coverage.

Will there be additional costs?

The proposal was developed in a manner to reduce the risk of unexpected expenses. For that

reason, the proposal includes a 10-year warranty on all user radios and a 10-year battery

replacement program.

P a g e | 2

How does a 911 surcharge work?

The 911 surcharge would be assessed on all devices subscribed to an Eaton County address

which are capable of placing a call to 911. The fee is assessed per line, per month. The

exception being pre-paid devices, which are subject only to a state surcharge of 1.92%. If

approved, the Board of Commissioners will annually set the surcharge rate, not to exceed

$1.75.

What if my home or business has multiple phones or lines?

Every phone number will be assessed. For landline users with multiple lines (such as a

business), the surcharge is only assessed on the first ten lines individually, and then for every

ten lines (or portion thereof) owned thereafter. For example, if a business owns 100 phone lines,

the surcharge would be assessed based on 19 phone lines (the first 10 lines are counted,

leaving 90 lines remaining; 90 divided by 10 = 9 lines; 9+10 = 19 total lines assessed).

How many counties have a local surcharge?

As of July 1, 2017, 69 counties and the four Wayne County service districts assess a local 911

surcharge. The full list and surcharge rates can be found here:

http://www.michigan.gov/documents/mpsc/911charges_557570_7.pdf

How can the surcharge money be used?

911 surcharge funds in general are restricted for the specific use of building, operating, and

maintaining 911 systems. The ballot proposal in Eaton County is worded to restrict it

specifically for funding the radio project.

How does is this affect the county budget?

The project would be completely funded by the proposed 911 surcharge and therefor would not

pull any resources from the existing county budget. Additionally, 911 funds are restricted so this

funding source is not available for general county operations.

What does a surcharge mean for the 911 millage?

A surcharge would only generate enough money to pay for the new radio system. The current

911 millage would still need to be renewed by the end of 2018 to pay for the operation of

Central Dispatch.

If approved by voters, when will it be operational?

This project includes a large investment in infrastructure. The project is expected to take 24

months to complete, once the funding source is approved by the voters.

Does FirstNet affect the need for radios?

FirstNet is a public safety broadband network (data for smartphones, tablets, etc) being planned

throughout the nation. However, FirstNet is not being built for primary public safety radio/voice.

Local jurisdictions will still be responsible for providing public safety radio systems.

If you have additional questions, please contact:

Michael Armitage

Director, Eaton County Central Dispatch

517-525-0313

marmitage@eatoncounty.org

JAIL BOARDING

Fiscal Year

2016-2017 JULY 2017

ANNUALIZED FISCAL YEAR ANNUALIZED Percent

PAYEE REVENUE CURRENT FISCAL Y-T-D % OF BUDGET PROJECTED PROJECTED FISCAL Y-T-D PROJECTED Collected vs

ACCOUNT BUDGET COLLECTED COLLECTED COLLECTIONS VARIANCE BILLED BILLINGS Billed

Prisoner Boarding Fund Housing Only

JAIL REDUCTION &

COMM. TREATMENT

PROGRAM Housing $4,350.00 $3,045.00 70.0% $3,654.00 ($696.00) $3,045.00 $3,654.00 100%

PAROLE VIOLATORS MDOC HOUSING $120,000.00 $35,564.90 29.6% $42,677.88 ($77,322.12) $126,140.00 $151,368.00 28%

STATEWIDE Housing $20,000.00 $4,753.00 23.8% $5,703.60 ($14,296.40) $6,113.00 $7,335.60 78%

DIVERTED FELONS MDOC HOUSING $145,000.00 $72,722.50 50.2% $87,267.00 ($57,733.00) $97,325.00 $116,790.00 75%

TOTAL BOARDING $289,350.00 $116,085.40 40.1% $52,035.48 ($92,314.52) $232,623.00 $279,147.60 50%

GENERAL FUND - OTHER

ANNUALIZED FISCAL YEAR ANNUALIZED Percent

SENTENCED CURRENT FISCAL Y-T-D % OF BUDGET PROJECTED PROJECTED FISCAL Y-T-D PROJECTED Collected vs

INMATES BUDGET COLLECTED COLLECTED COLLECTIONS VARIANCE BILLED BILLINGS Billed

INDIVIDUALS HOUSING $40,000.00 $31,199.19 78.0% $37,439.03 ($2,560.97) $505,284.00 $606,340.80 6%

OUIL IMPAIRED $14,000.00 $7,661.00 54.7% $9,193.20 ($4,806.80) $21,656.00 $25,987.20 35%

FALSE ALARMS $4,000.00 $3,505.00 87.6% $4,206.00 $206.00 $5,055.00 $6,066.00 69%

ABAN. VEHICLES $5,000.00 $600.00 12.0% $720.00 ($4,280.00) $4,400.00 $5,280.00 14%

INMATE MEDICAL $5,000.00 $986.19 19.7% $1,183.43 ($3,816.57) $1,750.00 $2,100.00 56%

TOTALS $68,000.00 $43,951.38 64.6% $52,741.66 ($15,258.34) $538,145.00 $645,774.00 8%

7/31/2017 Prepared by Pam Tobias, Financial Services

2016-2017 Analysis of Sheriff Department Overtime by Division

Through month end date 21

Year-to-Date Estimated Total

Department Overtime Payrolls Per Payroll Payrolls Projected Budget Variance

County

301 147,146.65 21.00 7,006.98 26.00 182,181.57 160,000.00 (22,181.57)$

301 -Detective 24,483.30 21.00 1,165.87 26.00 30,312.66 30,000.00 (312.66)

171,629.95 8,172.85 212,494.22 190,000.00 (22,494.22)

Delta

303 103,982.99 21.00 4,999.19 26.00 129,978.94 125,000.00 (4,978.94)$

303 -Detective 21,810.79 21.00 1,038.61 26.00 27,003.84 30,000.00 2,996.16

125,793.78 6,037.80 156,982.78 155,000.00 (1,982.78)

Jail

351 111,751.91 21.00 5,273.90 26.00 137,121.41 145,000.00 7,878.59$

General Fund 409,175.64 19,484.55 506,598.41 490,000.00 (16,598.41)$

Jail Millage

281.301.351 53,252.98 21.00 2,345.38 26.00 60,979.88 73,000.00 12,020.12$

7/31/2017

2016-2017 Analysis of Sheriff Department Overtime by Division

Through month end date 7/31/2017 21

Department

Amended

Budget Y-T-D

% of

Budget

% of

Payroll

Charged

Projected to

End of Year Final Total Variance

County

301.702 Regular 2,203,520.00 1,683,663.27 76.41% 80.77% 431,364.02 2,115,027.29 88,492.71

301.704 Overtime 160,000.00 147,146.65 91.97% 182,181.57 (22,181.57)

301.704.002 Detective OT 30,000.00 24,483.30 81.61% 30,312.66 (312.66)

2,393,520.00 1,855,293.22 2,327,521.51 65,998.49

Delta

303.702 Regular 1,920,122.00 1,506,897.19 78.48% 80.77% 362,499.33 1,869,396.52 50,725.48

303.704 Overtime 125,000.00 103,982.99 83.19% 129,978.94 (4,978.94)

303.704.002 Detective OT 30,000.00 21,810.79 72.70% 27,003.84 2,996.16

2,075,122.00 1,632,690.97 2,026,379.30 48,742.70

Jail

351.702 Regular 2,020,933.00 1,616,637.77 79.99% 80.77% 397,294.71 2,013,932.48 7,000.52

351.704 Overtime 145,000.00 111,751.91 77.07% 137,121.41 7,878.59

2,165,933.00 1,728,389.68 2,151,053.89 14,879.11

General Fund Total 6,634,575.00 5,216,373.87 6,504,954.70 129,620.30

Jail Millage Fund

281.301.351.702.000 Regular 672,742.00 552,295.43 82.10% 80.77% 116,641.77 668,937.20 3,804.80

281.301.351.704 Overtime 73,000.00 53,252.98 72.95% 80.77% 60,979.88 12,020.12

745,742.00 605,548.41 729,917.08 15,824.92

Day

Building

Total

Eaton

County Pop.

Female

Inmates MDOC State Wide

% of

Capacity

% of Eaton

County Pop

1 217 188 37 28 0 58% 50%

2 219 190 37 28 0 59% 51%

3 214 185 37 28 0 57% 50%

4 194 162 38 31 0 52% 43%

5 202 170 38 31 0 54% 46%

6 188 166 37 21 0 50% 45%

7 189 162 37 26 0 51% 43%

8 210 181 39 28 0 56% 49%

9 213 184 39 28 0 57% 49%

10 201 172 36 28 0 54% 46%

11 194 161 33 32 0 52% 43%

12 192 161 33 30 0 51% 43%

13 199 164 33 34 0 53% 44%

14 204 164 34 39 0 55% 44%

15 210 173 36 36 0 56% 46%

16 211 174 36 36 0 56% 47%

17 208 169 36 38 0 56% 45%

18 204 167 37 36 0 55% 45%

19 206 167 38 38 0 55% 45%

20 200 164 36 35 0 53% 44%

21 200 166 33 33 0 53% 45%

22 217 184 36 32 0 58% 49%

23 217 184 35 32 0 58% 49%

24 208 174 34 33 0 56% 47%

25 198 161 35 29 7 53% 43%

26 200 161 37 31 7 53% 43%

27 213 170 38 35 7 57% 46%

28 219 177 38 34 7 59% 47%

29 230 193 43 30 6 61% 52%

30 233 196 41 30 6 62% 53%

31 222 186 39 29 6 59% 50%

TOTAL 1136 979 46 55% 45%

Bldg Total 6432

Avg/Day 207

Eaton Cty. Total 5203

Avg/Day 168

Housing Total 979

Avg/Day 32

Female Total 1136

Avg/Day 37

JAIL COUNT SUMMARY

Jul-17

Court Security Screening Monthly Report 2017

People Scanned Guns Confiscated / Returned Knives Confiscated / Returned Chemical Agents Other

January 12014 2 54 3 44

February 11932 0 92 13 43

March 13407 0 83 11 91

April 12157 0 82 14 85

May 13207 0 95 15 60

June 13172 0 76 12 54

July 11372 0 81 10 47

August

September

October

November

DecemberTotals 87261 2 482 78 424

Juvenile Court Security Screening Monthly Report 2017

People Scanned Guns Confiscated / Returned Knives Confiscated / Returned Chemical Agents Other

January 4472 0 2 1 2

February 5238 0 1 0 6

March 6408 0 2 1 0

April 5287 0 0 0 1

May 7036 0 2 0 0

June 5882 0 0 0 0

July 4568

August

September

October

November

DecemberTotals 38891 0 7 2 9

Douglas R. Lloydry EATON COUNTY PROSECUTING ATTORNEY

S"

Chief Assistant Prosecutor: Neil F. O' BrienPROSECUTOR

Assistant Prosecuting Attorneys:Kelly E. Morton Adrianne K. Van Langevelde Kollette R. Bordeaux

Brent E. Morton Adam H. Strong Ryan J. TetloffSharon S. Park Christopher N. Anderson Traci M. Akins

Victim/Witness Unit: Jody Strang

Investigators: Bryan Seratt( Main Office)& Darrin McAllister( ECU)

Eaton County Commissioners

Dear Commissioners:

I am requesting the board establish a fee by resolution to allow the Eaton CountyProsecuting Attorney to request that the court order fees under MCL 769. 1F forprosecution costs as follows:

OWI or NON- OWI eligible cost of recovery caseThe Eaton County Prosecutor acts as the chief law enforcement official in the county.The office reviews, authorizes and prosecutes violations of felony and misdemeanorcriminal laws of the state and certain city and townships; reviews, authorizes and

prosecutes violations of felony, misdemeanor and juvenile delinquency offenses; and

files and prosecutes actions to establish paternity among other duties.By state statute ( MCL 769. 1f), a court may order a person convicted of certain crimesto reimburse a state or local unit of government for expenses incurred in relation to theprosecution of the person.

MCL 769. 1f states in relevant part:

1) As part of the sentence for a conviction of any of the following offenses, in additionto any other penalty authorized by law, the court may order the person convicted toreimburse the state or a local unit of government for expenses incurred in relation tothat incident including, but not limited to, expenses for an emergency response andexpenses for prosecuting the person, as provided in this section:

a) A violation or attempted violation of ... MCL 257. 601d, 257. 625 [ Operating WhileIntoxicated (" drunk driving")], 257. 625m [ Operating a commercial vehicle under the influence],and 257. 626 [ Reckless Driving], or of a local ordinance substantially correspondingto [ those sections] ...

b) Felonious driving, negligent homicide, manslaughter, or murder, or attempted

felonious driving, negligent homicide, manslaughter, or murder, resulting fromthe operation of a motor vehicle, snowmobile, ORV, aircraft, vessel, or locomotive

engine while the person was impaired by or under the influence of intoxicatingliquor or a controlled substance, as defined in ... MCL 333. 7104, or a combination

of intoxicating liquor and a controlled substance, or had an unlawful blood alcoholcontent.

c) A violation or attempted violation of ... MCL 324. 82127 [ Operating a snowmobileunder the influence].

d) A violation or attempted violation of ... MCL 324. 81134 [ Operating an off-roadvehicle under the influence].

e) A violation or attempted violation of ... MCL 259. 185 [ Operating an aircraft under theinfluence].

f) A violation or attempted violation of ... MCL 324. 80176 [ Operating a watercraftunder the influence], or a local ordinance substantially corresponding to [ this section]

g) A violation or attempted violation of ... MCL 462. 353 [ Operating a locomotive trainunder the influence].

h) A violation or attempted violation of ... MCL 750. 411a [ False report of a crime, or

report of medical or other emergency].

i) A finding of guilt for criminal contempt for a violation of a personal protectionorder issued under ... MCL 600. 2950 and 600. 2950a, or for a violation of a foreign

protection order...

j) A violation or attempted violation of section 4( 1) of the public threat alert act,

MCL 28. 674 [ False report of a public threat to a peace officer].

2) The expenses for which reimbursement may be ordered under this section includeall of the following: ...

d) The salaries, wages, or other compensation, including, but not limited to,

overtime pay of prosecution personnel for time spent investigating andprosecuting the crime or crimes resulting in conviction...

4) The amount ordered to be paid under this section shall be paid to the clerk of the

court, who shall transmit the appropriate amount to the unit or units of government

named in the order to receive reimbursement. If not otherwise provided by the courtunder this subsection, the reimbursement ordered under this section shall be made

immediately. However, the court may require that the person make the reimbursementordered under this section within a specified period or in specified installments.

5) If the person convicted is placed on probation or paroled, any reimbursementordered under this section shall be a condition of that probation or parole. The court

may revoke probation and the parole board may revoke parole if the person fails tocomply with the order and if the person has not made a good faith effort to complywith the order. In determining whether to revoke probation or parole, the court orparole board shall consider the person' s employment status, earning ability, number ofdependents, and financial resources, the willfulness of the person' s failure to pay, andany other special circumstances that may have a bearing on the person' s ability to pay.

6) An order for reimbursement under this section may be enforced by the prosecutingattorney or the state or local unit of government named in the order to receive thereimbursement in the same manner as a judgment in a civil action.

7) Notwithstanding any other provision of this section, a person shall not be

imprisoned, jailed, or incarcerated for a violation of parole or probation, or otherwise,

for failure to make a reimbursement as ordered under this section unless the court

determines that the person has the resources to pay the ordered reimbursement and hasnot made a good faith effort to do so.

9) As part of the sentence for a conviction of any violation or attempted violation of ...MCL 750. 200 to 750. 212a, 750. 327, 750. 327a, 750. 328, and 750. 436, and 750. 543a

to 750. 543z, in addition to any other penalty authorized by law, the court shall orderthe person convicted to reimburse any government entity for expenses incurred inrelation to that incident including, but not limited to, expenses for an emergencyresponse and expenses for prosecuting the person, as provided in subsections ( 2) to

8). As used in this subsection, " government entity" means this state, a local unit of

government, or the United States government.

10) As used in this section: ...

b) " Local unit of government" means any of the following:i) A city, village, township, or county.ii) A local or intermediate school district.

iii) A public school academy.iv) A community college.

As set forth in MCL 769. 1f, a prosecutor is allowed to request from a court that costs be

ordered for the time spent investigating and prosecuting the crime or crimes resultingin a conviction. As seen below, my office spends time investigating and prosecutingthese cases.

OWI or NON-OWI CASES ELIGIBLE FOR COST RECOVERY

ISSUED BY MISDEMEANOR COMPLAINT

AND DISPOSED OF BY PLEA AND/OR TRIAL

NUMBER OF CASES Staff Assigned Time Required

PER YEAR: Work

Performed

Log in at front desk Nicole Saucedo 5 minutes

Review of reports, CCH, Any APA 45 minutes

body cam / dash cam

videos, etc. by APAEntry into computer andproduction of complaint

and warrant Any APA 15 minutes

Return to Clerk for

distribution Nicole Saucedo 10 minutes

Review file for Pretrial Any APA 15 minutes

Conduct Pretrial/Plea Any APA 20 minutes

Review of file for Trial

preparation Any APA 4 hours

District Court Trial Any APA 1 dayClosing of file Kristie Binns 5 minutes

OWI or NON-OWI CASES ELIGIBLE FOR COST RECOVERY

ISSUED BY FELONY COMPLAINT

AND DISPOSED OF BY PLEA AND/OR TRIAL

NUMBER OF CASES PER Staff Assigned Time Required

YEAR: Work Performed

Log in at front desk Nicole Saucedo 5 minutes

Review of reports, CCH, Any APA 45 minutes

videos, etc. by APAEntry into computer andproduction of complaint and

warrant Any APA 15 minutes

Return to Clerk for

distribution Nicole Saucedo 10 minutes

Case Review Any APA 45 minutes

Administrative Oversight

Case Review Meeting) Doug Lloyd 10 minutes

Review file for Pre- Exam Any APA 15 minutes

Conference / Preliminaryexamination

Conduct Pre-Exam Any APA 45 minutes

Conference / PreliminaryExamination

File preparation for Circuit

Court Arraignment Renee Bartlett 5 minutes

Administrative Oversight

Review of felony informationAny APA 5 minutes

Circuit Court Arraignment Any APA 5 minutes

Circuit Court Status

Conference Any APA 10 minutes

Preparation of case for

Circuit Court Trial Any APA 1 dayCircuit Court Trial Any APA 2 days

Closing of file Renee Bartlett 5 minutes

Due to the time expended above either for a misdemeanor and/ or felony guilty plea ortrial, As the Eaton County Prosecutor, I am requesting that the board pass a resolutionthat would allow the Eaton County Prosecuting Attorney to request the court order:

Costs- eligible Convictions- OWI or eligible NON- OWI Plea Fee $ 110. 00

Costs- eligible convictions- OWI or eligible NON- OWI Trial Fee $ 450. 00

This request will be presented to the court when the defendant has been found guilty ofan OWI or Non- OWI offense that is eligible for cost recovery.

If you have any questions or concerns my office would be happy to answer them.

Respectfully,

LtDouglas R. Lloyd

Eaton County Prosecutor

 

1  

Ordinance No. ___________

REIMBURSEMENT FOR COSTS ASSOCIATED WITH VIOLATIONS OF

CERTAIN ENUMERATED OFFENSES ORDINANCE

An Ordinance to amend Eaton County Ordinance #03-2-10 to provide reimbursement for Eaton County law enforcement and prosecutorial costs associated with certain criminal offenses specifically related to drivers convicted of operating certain vehicles recklessly, or while intoxicated or visibly impaired by intoxicating liquor, a controlled substance, or a combination of intoxicating liquor and a controlled substance; to drivers causing death or serious injury by reckless driving or a moving violation; and to people making false police reports of crime or false reports of medical or other emergencies.

THE PEOPLE OF THE COUNTY OF EATON, MICHIGAN, DO ORDAIN: Article 1. Purpose and Authority. The Board of Commissioners of the County of Eaton, State of Michigan has determined that it is in the best interests of the citizens of Eaton County to provide for the recovery of costs associated with the prosecution and conviction of certain offenses by the Eaton County Sheriff’s Department and Prosecuting Attorney’s Office, as permitted by the Michigan Code of Criminal Procedure, 1927 Public Act 175, as amended, being Michigan Compiled Law section 769.1f. The County of Eaton adopts the following Ordinance: Article 2. Ordinance Title. The title of this Ordinance shall be the Reimbursement for Costs Associated with Violations of Certain Enumerated Offenses Ordinance. Article 3. Definitions. Aircraft means any contrivance used or designed for navigation of or flight in the air, and as otherwise defined by the Michigan Aeronautics Code, Section 2, 1945 PA 327, MCL 259.2. Alcohol means the product of distillation of fermented liquid, whether or not rectified or diluted with water, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes. Alcoholic liquor means any spirituous, vinous, malt or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing ½ of 1% or more of alcohol by volume which are fit for use for beverage purposes as defined and classified by the Michigan Liquor Control Commission according to alcoholic content as belonging to one of the varieties defined in the Michigan Liquor Control Act, 1998 PA 58.

 

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Controlled substance means a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72 of the Michigan Public Health Code, 1978 PA 368. Motor Vehicle means every vehicle that is self-propelled, but for purposes of this Ordinance does not include industrial equipment such as a forklift, a front-end loader or other construction equipment that is not subject to resignation under the Michigan Vehicle Code, 1949 PA 300; or an electric patrol vehicle being operated in compliance with the Electric Patrol Vehicle Act, 1997 PA 55; or an electric personal assistive mobility device; or an electric carriage; or a commercial quadricycle. ORV means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh swampland, or other natural terrain. Prosecuting Attorney Office costs means salaries, wages, or other compensation, including but not limited to overtime pay, of personnel of the Eaton County Prosecuting Attorney’s Office (office attorneys and non-attorney staff, including investigators) for all time spent investigating and prosecuting crimes listed in Article 4, and the actual costs and expenses incurred by the Office in the prosecution of the case. Costs include but are not limited to time and expenses creating a new case file; receiving, filing and copying case-related documents and records; reviewing case-related documents and records (including recordings) to determine issuance of charges; preparing charging documents and other pleadings; legal research required for the case; attending court hearings; case conferences with the defendant or his attorney; trial preparation and attending trials and sentencings; preparing appellate pleadings, including legal research and review of the defendant’s pleadings, and mailing costs. Sheriff’s Office costs means:

a. The provision of Sheriff’s deputies services for an accident or collision involving a motor vehicle, ORV, snowmobile or vessel where one or more of the drivers were operating a vehicle while intoxicated of or visibly impaired by alcoholic liquors or any controlled substance or the combined thereof, and which results in a conviction of one of the enumerated offenses set forth in Article 4 or;

b. The making of a traffic stop and arrest by a Sheriff’s deputy when the driver was operating a vehicle under the influences of alcoholic liquors or any controlled substance or the combined influence of alcoholic liquors and any controlled substance, and which results in a conviction of one of the enumerated offenses set forth in Article 4.

 

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Snowmobile means any motor-driven vehicle designed for travel primarily on snow or ice of a type that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the Michigan Vehicle Code, 1949 PA 300. Vessel means every description of watercraft used or capable of being used as a means of transportation on water. Article 4. Conviction of Specific Enumerated Offenses for which Reimbursement shall be obtained. Reimbursement shall be required from a convicted defendant for Eaton County Sheriff’s Office costs and Eaton County Prosecuting Attorney costs related to the incident for which a conviction is obtained for any of the following offenses:

a. A violation or attempted violation of specific sections under the Michigan Vehicle Code, MCL 257.625 and MCL 257.625m, or local ordinances that correspond to MCL 257.625:

i. MCL 257.601d – Moving Violation Causing Death of Another Person or Serious Impairment of a Bodily Function

ii. MCL 257.625(1) – Operating While Intoxicated iii. MCL 257.625(3) – Operating While Visibly Impaired iv. MCL 257.625(4) – Operating While Intoxicated, Visibly Impaired, or

With a Presence of a Controlled Substance Causing Death v. MCL 257.625(5) – Operating While Intoxicated, Visibly Impaired, or

With a Presence of a Controlled Substance Causing Serious Impairment of a Bodily Function

vi. MCL 257.625(7) – Operating While Intoxicated or Visibly Impaired Child Endangerment (passenger under age 16)

vii. MCL 257.625m – Operating a Commercial Motor Vehicle While Intoxicated, Visibly Impaired, or With a Presence of a Controlled Substance Causing Serious Impairment of a Bodily Function

viii. MCL 257.626(3) or (4) – Reckless Driving Causing Serious impairment of a Bodily Function or Death

b. Felonious driving, negligent homicide, manslaughter, or murder, or attempted

felonious driving, negligent homicide, manslaughter, or murder, resulting from the operation of a motor vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine while the person was visibly impaired or intoxicated by intoxicating liquor or a controlled substance as defined in MCL 333.7104, or a combination of intoxicating liquor and a controlled substance, or had an unlawful blood alcohol content.

 

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c. A violation or attempted violation of various provisions of the Michigan Natural Resources and Environmental Protection Act which involve being under the influence of or visibly impaired by an intoxicating liquor or a controlled substance or a combination thereof, including MCL 324.82127 (snowmobiles), MCL 324.81134-324.81135 (ORV) and MCL 324.80176 (vessel).

d. A violation or attempted violation of the Michigan Aeronautics Code, MCL

259.185 (operating an aircraft or being a crewmember while influence of or visibly impaired by an intoxicating liquor or a controlled substance or a combination thereof).

e. A violation or attempted violation of the Michigan Railroad Code MCL 462.353

and MCL 462.355 (operating a locomotive engine while influence of or visibly impaired by an intoxicating liquor or a controlled substance or a combination thereof).

f. A violation or attempted violation of section 411a(1), (2), or (4) of the

Michigan penal code, 1931 PA 328, MCL 750.411a – False Report of a Crime, or Medical or other Emergency.

g. A violation or attempted violation of section 4(1) of the Michigan Public

Threat Alert Act, MCL 28.674 – False Report or Intentionally Causing a False Report of a Public Threat.

Article 5. Sheriff’s Office Costs for Which Reimbursement Shall be Required. The salaries or wages, including overtime pay, of the law enforcement personnel of the Eaton County Sheriff’s Office for time spent responding to the incident from which the specified Article 4 conviction arose, arresting the person convicted, processing the person after the arrest, preparing reports on the incident, investigating the incident, and collecting and analyzing evidence, including, but not limited to, determining bodily alcohol content and determining the presence of and identifying controlled substances in the blood, breath or urine are expenses for which reimbursement is required. Article 6. Prosecuting Attorney’s Office Costs for Which Reimbursement Shall be Required. The salaries, wages, or other compensation, including, but not limited to, overtime pay of personnel of the Eaton County Prosecuting Attorney’s Office for the time spent investigating and prosecuting the specified Article 4 crime or crimes resulting in conviction, and the actual costs and expenses incurred by the Eaton County Prosecuting Attorney’s Office in the prosecution of the case are expenses for which reimbursement is required.

 

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Article 7. Eaton County Expense. The expenses incurred by Eaton County as a result of the Sheriff’s Office response or Prosecuting Attorney’s Office prosecution shall be charged to the person liable for the expenses incurred under the terms of this Ordinance. The charge constitutes a debt of that person and is collectible by the County in the same manner as in the case of an obligation under a contract, expressed or implied. Article 8. Collection for Reimbursement for Costs. Collection Through Ordinance: The Sheriff, the Prosecuting Attorney, or his/her designee may, within forty-five (45) days after a defendant or respondent is convicted or adjudicated of one of the specifically enumerated offenses set forth in Article 4, submit a bill for the costs incurred by first class or certified mail to the person responsible for payment of the costs incurred under this Ordinance. The person responsible for payment shall submit payment in full within thirty (30) days from the date of the first class or certified mailing. If a defendant files a timely appeal after sentencing, the billing may be submitted within thirty (30) days after all appeals have been exhausted. Collection through MCL 769.1f: The Sheriff or the Prosecuting Attorney, or their designees may, after a defendant is convicted of one of the specifically enumerated offenses set forth in Article 4, submit to the sentencing court a statement requesting reimbursement of their respective costs incurred pursuant to the terms, procedures and limitations of MCL 769.1f. Eaton County, its Sheriff, or its Prosecuting Attorney may elect to be reimbursed for expenses under this Ordinance, under MCL 769.1f, or a combination of this Ordinance and MCL 769.1f, but may not be fully reimbursed more than once for any expense incurred. Article 9. Imposition of Costs by Court. Nothing contained in this Ordinance shall prohibit or restrict the Eaton County Circuit Court, the Eaton County District Court, or the Eaton County Juvenile Court from imposing the costs of prosecution as part of a sentence or disposition following conviction or adjudication for any of the offenses listed in Article 4, as authorized by MCL 769.1f. The County of Eaton may not be fully reimbursed more than once for the expenses incurred by the Sheriff’s Department or the Prosecuting Attorney’s Office for an offense. Article 10. Penalties. Failure to pay the costs incurred as required by this Ordinance within thirty (30) days from the date of the first class or certified mailing of the billing statement shall be considered a default by the responsible person. In case of default, the County of Eaton may commence a civil action to recover all costs and expenses

 

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allowed by law, or may contract with a collection agency to recover the outstanding costs and expenses in the name of the County of Eaton, including collection costs. Article 11. Cost Recovery Schedule. The Board of Commissioners may, by resolution and amendments thereto, adopt a schedule of costs specifying the expenses associated by the Sheriff’s Department and Prosecuting Attorney’s Office with a prosecution of an offense set forth in Article 4, or may recover actual costs. Any schedule adopted pursuant to this section shall be available to the public from the Eaton County Clerk, the Eaton County Sheriff, the Eaton County Prosecuting Attorney, or their designees. The schedule adopted by the Eaton County Board of Commissioners may be a flat fee based on a study of the average of costs sustained in making a prosecution for an offense listed in Article 4. Article 12. Conflict with Criminal Laws. Nothing in this Ordinance shall be construed to conflict, contravene, enlarge or reduce any criminal liability or responsibility, including fines or costs imposed by a judge for any criminal or delinquent offense under Michigan Law. Article 13. Construction. When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include a feminine and neuter. The word “shall” is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted as defined in statutes, regulations, or codes to which they apply or if not so defined shall be defined in the manner of their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any section of this Ordinance. Article 14. Severability. The phrases, sentences, sections and provisions of this Ordinance are severable. The finding by a court of competent jurisdiction that any portion of this Ordinance is unconstitutional or otherwise unenforceable shall not detract from or affect the enforceability of the remainder of this Ordinance. Article 15. Repeal. All ordinances, parts of or amendments to ordinances inconsistent herewith are repealed to the extent of the conflict. Article 16. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date. Article 17. Effective Date of Ordinance. This Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.