Costs At Issue For Raising Age On Adult Criminal Prosecution
'The benefits will far outweigh the short-term, upfront costs,' says one expert
State legislators are considering a package of bills that would cause Michigan’s criminal justice system to handle most cases involving 17-year-olds to be tried in juvenile courts, instead of adult courts.
Currently, when a 17-year-old is tried for a crime, law enforcement has no choice but to send the teen through the adult court system. A key part of the package lawmakers are considering is House Bill 4607, which would define those under 18 as juveniles, requiring that the cases involving 17-year-olds begin in the juvenile court system.
The bills would not stop prosecutors from being able to ask judges to try a 17-year-old in an adult court when the youth has been accused of a heinous crime such as premeditated murder or rape.
The bills are currently in the House Committee on Law and Justice.
Michigan is currently one of only five states – along with Georgia, Missouri, Texas and Wisconsin – in which 17-year-olds are automatically tried in adult courts.
There are numerous differences between the juvenile and adult court systems. In the juvenile court system, parents are notified when a youth is tried for a crime, and they can be included in determining the best treatment method.
In the juvenile court system, many youths are “deferred” from a trial and instead are given community service or sent to get rehabilitation. Additionally, a youth’s criminal record is not transferred over to a “permanent” record when he is determined to be an adult, which is currently at age 17.
Jason Smith, director of youth justice policy for the Michigan Council on Crime and Delinquency, has argued that since adult courts and prisons are designed for adults, they’re less equipped to deal with youth. Smith also told Michigan Capitol Confidential that adult jails and prisons can be more dangerous for 17-year-olds.
“Young people who are prosecuted, adjudicated and served in the juvenile justice system have better outcomes than youth in the adult system,” Smith said. “Raising the age and keeping as many kids as possible in the juvenile justice system will reduce re-offending, keep communities safer and lower juvenile justice system costs over time.”
The package of bills is causing concern among some county officials who wonder how much more money the juvenile criminal justice system will have to spend to accommodate the change.
Currently the state pays 100 percent of the costs of sending an adult to prison, while counties must take on the entire cost of detaining and rehabilitating youth. Counties can apply to have 50 percent of these costs reimbursed by the Michigan Department of Health and Human Services. One of the bills under consideration, House Bill 4789, would defray some of the costs associated with raising the age.
A study recently presented to the Criminal Justice Policy Commission suggests that directing 17-year-olds to the juvenile court system would increase the number of people going through that system by 2,517 per year. The study estimates that this could cost counties an additional $16.9 million to $34.0 million per year and the state an additional $17.2 million to $26.9 million per year. The study was titled "The cost of raising the age of juvenile justice in Michigan" and was done by Hornby Zeller Associates Inc.
Some county probate court judges are calling the cost estimates too low. Those producing the study were unable to work with the Michigan Department of Health and Human Services, which controls the Child Care Fund that reimburses counties for certain costs associated with youth detention and rehabilitation.
Smith said that when some other states have raised the age at which a youth is tried as an adult, the cost has been less than first projected.
“I think it’s time now that people get serious about raising the age and bring our young people into the juvenile justice system,” Smith said. “The benefits will far outweigh the short-term, upfront costs.”
The Michigan Association for Family Court Administration, which represents and advocates on behalf of family court administration in the state, said in a statement that it supports raising the age at which individuals are tried as adults “in principle as long as it is adequately and sustainably funded and resourced across the state.”
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Pure Fiction: State Tourism Cost-Benefit Analysis Ignores Costs
The full cost of the Pure Michigan advertising campaign is ignored
The state government’s “economic development” agency annually has a consultant, at taxpayer expense, produce a report that includes what it dubs a return-on-investment calculation for the state’s tourism advertising effort. The report estimates how much the state gets back in tax dollars compared to what it spends to lure travelers to Michigan.
The release of each report typically coincides with the Pure Michigan Governor’s Conference on Tourism, the latest edition of which is scheduled to begin this week. Typically, the report is used, in part, to justify state tourism promotion and its related costs — some $35 million in fiscal year 2018. But it’s a report that ignores the taxpayer costs rather than vindicates them. Taxpayer dollars spent on promoting tourism could be better spent elsewhere, such as filling potholes or cutting taxes.
In the past, the state has hired a secretive consultant to calculate its ROI. That company made claims of a huge ROI but refused to precisely demonstrate how it arrived at its conclusion. In 2016, according to this consultant, the state’s $12.9 million in out-of-state advertising spending — sorry, investment — produced $8.33 in new state tax dollars for every dollar spent.
According to an investigation by the state’s Office of the Auditor General, made at the behest of two lawmakers, the numbers on the advertising investment excluded a number of costs. The report did not consider the cost of producing the commercials in the first place ($4.3 million), the “costs to monitor all aspects of production through placement” ($2.3 million), pay-per-click internet advertising ($500,000) and related public relations costs ($581,000). It also did not include up to $6.2 million more in matched advertising dollars, which are awarded to local governments and tourism bureaus. In other words, more than 50 percent of the cost associated with the Pure Michigan advertising campaign was not factored into its returns.
The state’s current consultant, Strategic Marketing & Research Insights, doesn’t include these other costs in its ROI calculation either. I have yet to obtain a precise financial breakdown for each spending category through 2017, but will post those numbers after I have them.
To see why the official report is problematic, consider how ignoring the matching costs complicates the ROI calculations. The Michigan Economic Development Corporation, which helps dole out the tourism-promotion dollars, will match most advertising spending made by other groups. The 2017 match cost state taxpayers $4.1 million. This cost was excluded from the ROI calculations. One could accurately argue that the benefits of the partners’ matching dollars were left out of the equation too, but a full accounting should include both. Many of the matching dollars appear to have come from publicly funded convention and visitors bureaus.
This latest report is not the first example of a state-paid consultant leaving costs out of its analysis. The MEDC hired Michigan State University’s Center for Economic Research to examine the state’s film incentive subsidy program, for example. The MSU scholars concluded it was effective. An accompanying university press release called the film program a “big time hit.” Yet the authors of the report omitted all of the costs associated with it.
Scholar John L. Crompton’s 2006 paper in the Journal of Travel Research calls out consultants for their often questionable analyses of the travel and tourism industries and their economic impacts. In the paper titled, “Economic Impact Studies: Instruments for Political Shenanigans?” Crompton writes: “Most economic impact studies are commissioned to legitimize a political position rather than to search for economic truth. Often the result is mischievous procedures that produce large numbers that study sponsors seek to support a predetermined position.” He specifically criticizes consultants for ignoring costs.
The state has appropriated $330 million since 2006 for an advertising campaign that should be paid for by private industry. The current year’s appropriation is $35 million and the governor has proposed another $35 million for fiscal year 2019.
The advertisements run by the program have featured beautiful Michigan scenery set to music and voiced over by actor-comedian Tim Allen. These advertisements are placed in out-of-state media outlets in the hope they will inspire people to visit Michigan.
But the program is not worth it. The Mackinac Center found in its 2016 study that a $1 million increase in state tourism promotion spending results in $20,000 in extra economic activity in the state’s lodging industry. Other tourism-related sectors we looked at fared no better. It needs to be underscored that this is $20,000 in extra activity for the economy, not dollars flowing back to the state treasury. State tourism promotion produces huge losses for taxpayers, especially when you factor in the opportunity costs.
An opportunity cost is the next best alternative forgone — in this case, by not spending the money on advertisements but on something else. Spending an extra $35 million annually filling Michigan potholes and fixing bridges would probably produce a higher ROI than state tourism spending. Alternatively, the money could help finance a promised personal income tax cut. We would argue that taxpayers need a tax cut and drivers need their potholes fixed more than the tourism industry needs another handout.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
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