By CHARLES H. KOOP
The Record-Eagle's editorial staff had it right in their Feb. 3 editorial, "Lawmakers must back off efforts to gut ballot issues." The editorial took to task those evil, "mostly conservative Republican" lawmakers who want to "tweak" the voter-enacted laws dealing with embryonic stem-cell research, approved by 53 percent of voters, and the medical marijuana law, approved by 63 percent.
The bottom line to the lawmakers: back off, the voters have spoken.
The overwhelming support for laws passed by the voters through ballot proposals is refreshing. However, is this overwhelming support for voter-approved laws limited to laws the editorial staff finds acceptable or equally to all voter-approved laws?
In 1978, voters approved by 75 percent, a far greater percentage than either the stem-cell or medical marijuana laws, a ballot proposal abolishing "good time" for certain assaultive crimes.
"Good time" and "special good time" were processes which allowed the Michigan Department of Corrections, not a judge, to reduce the prison sentence imposed by a judge.
For example, in 1977, one year before the abolishment of good time, confessed murderer Victor Cole, of Elk Rapids, was sentenced to 50 to 75 years for a brutal murder. After serving just 33 years of his sentence, he will be released in December 2010, without parole, as the Department of Corrections has determined he is "entitled" to 15,201 days, or 41.6 years, off his sentence.
Under the old good time system, Mr. Cole was "entitled" to be released after his maximum sentence of 75 years was reduced by 41 years of good time and special good time. It may sound odd but he will have served his maximum sentence of 75 years before serving his minimum sentence of 50 years.
How could this be? The reduction in time is subtracted from his maximum sentence. That is why voters abolished good time.
House Bills 4497-4499 are an effort to reinstate good time under the guise, "new and improved."
These bills, if adopted, will not only "tweak" new sentences but will be retroactively applied to every current prisoner, resulting in the wholesale release of an estimated 7,500 inmates from Michigan prisons in the first four to six months after passage.
Some proponents of good time argue that we simply cannot afford to house dangerous, career criminals any longer.
Releasing 7,500 inmates may well reduce the state budget woes, but at what cost to safety of local communities? The question is, "Do the lawmakers and governor care what the voters said?"
The editorial staff had it right when it wrote, "what counts is that the people have spoken, like it or not. Any efforts to reverse their will must be stopped in their tracks."
Hopefully, the Record-Eagle will equally oppose the passage of House Bills 4497-4499, as these bills too would usurp the voice of the people.
About the author: Charles H. Koop is Antrim County prosecuting attorney
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