According to the National Institute of Corrections, Michigan’s 2019 jail population was 17,020, and its prison population was 38,053.¹ Michigan has the 21st-highest incarceration rate in the nation, lower than the national average, ahead of Wisconsin, and just behind Nevada.² However, while Michigan’s jail population (individuals serving short-term sentences or offenders awaiting trial) continues to climb, the state’s prison population (inmates serving long-term sentences) has gradually declined since 2006, suggesting the state has somewhat moved away from heavy-handed sentencing for low-level and non-violent offenders.³

Problems around incarceration and after-incarceration transitioning still need to be addressed, but Michigan has made progress toward more compassionate and evidence-based approaches to imprisonment and criminal rehabilitation.

Examples of Criminal Justice Reform in Michigan

According to the Nolan Center for Justice, from 1998 to 2008, Michigan’s spending on state-funded corrections institutions increased by almost 60%, from $1.3 billion to $2 billion. Corrections became so costly and widespread in Michigan’s annual budget that one in three state employees worked for the Michigan Department of Corrections.⁴

Even as corrections spending increased, recidivism did not decline, suggesting the state’s approach to the crime problem (simply locking up more people) was not working. Over the last twenty years, Michigan has implemented several policies and programs to reduce crime, curb recidivism, and draw back on the need for ever-higher incarceration budgets:

In 2003, Michigan launched the Michigan Prisoner Reentry Initiative (MPRI), designed to support the rehabilitation and reintegration of ex-offenders into society. The program aimed to reduce recidivism by providing former offenders with more tools and support for reentry into society. That same year, public officials initiated bipartisan efforts that eventually helped close eight prisons.

In 2017, former Governor Rick Snyder signed a bipartisan package of 18 bills into law, all of which sought to lower recidivism by modernizing the state’s outdated parole and probation system. The bills included provisions like setting a maximum of 30 days of re-incarceration for parolees who commit technical violations. The bills also established a Parole Sanction Certainty Program that standardizes consequences for parole violations. Finally, the program gave judges more autonomy when determining parole.

In 2019, Michigan passed several compassionate criminal justice reforms, including banning civil asset forfeiture (a prohibition on law enforcement seizing property unless there is a criminal conviction). Other 2019 laws included a provision that enabled medically frail prisoners who committed low-level crimes to be released on parole, and another provision raised the age of juvenile court jurisdiction from 17 to 18 years of age.

In 2020, the Michigan legislature passed the Clean Slate legislation, which expanded access to expungement for former offenders and expedited the expungement process.

Also in 2020, Governor Gretchen Whitmer signed a bill banning the shackling of pregnant and postpartum incarcerated women. That legislation granted incarcerated pregnant women access to necessary medical care and prohibited such women from being placed in solitary confinement.⁵

Areas Where Reforms Are Still Needed

While definitive progress has been made in providing Michigan offenders with real tools that will foster effective rehabilitation and reduce recidivism, there is still work to be done to make Michigan incarceration a system of compassionate reform, not ineffective punishment.

Criminal justice reform groups in Michigan like Safe and Just Michigan advocate for the expansion of existing problem-solving courts and community-based programs in Michigan that seek to “achieve individual accountability while reducing the likelihood of further engagement in negative behavior.”⁶

The U.S. Department of Justice surveyed criminal justice officials in Michigan to determine the scope of alternatives to incarceration in the Great Lakes State. Criminal justice officials listed 250 such programs, and while they generally had a positive view of the programs, they identified:⁷

• Problems with program implementation and operation
• Too few programs to meet the needs of those incarcerated
• A need for additional alternatives to incarceration in their areas
• Confusion in the state’s criminal justice system about the objectives of the programs

Inmates Need Real Tools to Help Them Rehabilitate and Rejoin Society as Productive, Contributing Adults

Michigan’s recidivism rate (26%) is lower than the national average and has been down-trending. “Anytime there is a reduction in the recidivism rate, it is a positive sign and shows the long and hard work our dedicated employees have done and continue to do is paying off,” said Michigan Department of Corrections Director Heidi Washington. “We remain focused on our goal of providing long-term public safety. This is a positive sign for the state and one everyone should take pride in. I am grateful for the work of our amazing employees who are the reason why the MDOC stands as a national leader in the correctional field.” However, more work must be done to bring Michigan’s recidivism rate closer to zero.⁸

Educational programs in prisons, job training for employment after incarceration, and assistance with transitioning from prison to civilian life, there are several areas and aspects of inmate support and evidence-based rehabilitation that Michigan should introduce to help offenders experience true reform.

Sources Cited:

1. NICIC. “Michigan 2019.” National Institute of Corrections, 2019. nicic.gov
2. TSP. “U.S. Criminal Justice Data.” The Sentencing Project, 2023. sentencingproject.org
3. PPI. “Michigan Profile.” Prison Policy Initiative, 2023. prisonpolicy.org
4. NCJ. “Criminal Justice Reform in Michigan.” Nolan Center for Justice, 2023. conservativejusticereform.org
5. ML. “Senate Bill No. 830.” Michigan Legislature, 2020. legislature.mi.gov
6. SJM. “Expanding Alternatives to Incarceration.” Safe and Just Michigan, 2023. safeandjustmi.org
7. DOJ. “Michigan Alternatives to Incarceration Survey: Executive Summary.” U.S. Department of Justice, Office of Justice Programs. ojp.gov
8. MDOC. “Michigan’s Recidivism Rate.” Michigan Department of Corrections, 2023. michigan.gov