The Michigan Senate approved legislation Wednesday that would
increase penalties for repeat minor in possession offenders,
including the possibility of jail time. The bill also allows the
records of first-time offenders to be cleared provided they comply
with their terms of probation. Opponents of the legislation argue
that jail time is too severe of a punishment.

The bill “creates more leniency for the first time
offender and creates more serious consequences for the recurrent
offender,” said Sen. Tom George (R-Kalamazoo), who sponsored
the legislation.

The bill stipulates that a judge has the option of sending a
minor to prison for up to 30 days after the second conviction and
up to 60 days for the third conviction. George said since the first
time a minor is caught with alcohol it will most likely be taken
off their record, jail time is really only considered after a third
offense.

The legislation, which passed by a vote of 24-14, also defined
what constitutes a minor in possession. Any person under age 21
with a blood alcohol content of over .02 or any minor who is seen
by a law enforcement officer consuming alcohol could be
ticketed.

George said the bill is necessary because judges need a way to
threaten repeated offenders other than with probation, fines and
community service — which has been an ineffective deterrent.
“With no jail time, repeat offenders can just keep violating
probation,” George said.

But Sen. Liz Brater (D-Ann Arbor) said all the bill would do is
clog up already overcrowded prisons. While visiting the Washtenaw
County Jail recently, Brater said she witnessed inmates sleeping on
mattresses on the floor of the gymnasium, an environment in which
minors should not be exposed to for violating alcohol consumption
rules.

“I definitely think we should work to curb underage
drinking, but I don’t think this is the way to go about
it,”

But George said it is the duty of society to cure alcoholism
among minors before the problems become more serious. “If
society is incapable of addressing (the problem) and turns its back
by repeatedly giving probation, you are not helping them. A
compassionate society is going to intervene,” he said.

“I think judges will apply it appropriately and reserve
(jail time) for people with serious substance abuse problems
— and maybe save their lives,” George added. “I
am not looking to lock up every college student who has ever had a
beer.”

During the debate in the Senate, Brater unsuccessfully tried to
attach an amendment to the bill that would allow for what she
called a “safe harbor,” which would give underage
drinkers immunity from minor-in-possession tickets if they call the
police or other similar authorities for help, such as for a ride
home or to the hospital.

Brater said she plans to introduce the failed amendment as a
bill in the future.

George said a House vote on the bill has not been scheduled yet
and will not be for at least two weeks since the House is in
recess.