Bill Text: MI HB4140 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Juveniles; other; detention of juveniles in certain circumstances; modify. Amends secs. 16, 18 & 18i, ch. XIIA of 1939 PA 288 (MCL 712A.16 et seq.).
Spectrum: Bipartisan Bill
Status: (Passed) 2019-11-06 - Assigned Pa 102'19 [HB4140 Detail]
Download: Michigan-2019-HB4140-Introduced.html
HOUSE BILL No. 4140
February 6, 2019, Introduced by Reps. Guerra, LaGrand, Rendon, Filler, Wozniak, Elder, Hauck, Love and Brann and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 14, 15, 16, 18, and 18i of chapter XIIA (MCL
712A.14, 712A.15, 712A.16, 712A.18, and 712A.18i), section 14 as
amended by 2012 PA 163, section 15 as amended by 1998 PA 474,
section 16 as amended by 1998 PA 478, section 18 as amended by 2018
PA 58, and section 18i as added by 1996 PA 244.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 14. (1) Any local police officer, sheriff or deputy
sheriff, state police officer, county agent or probation officer of
any court of record may, without the order of the court,
immediately take into custody any child who is found violating any
law or ordinance, or for whom there is reasonable cause to believe
is violating or has violated a personal protection order issued
under section 2(h) of this chapter by the court under section 2950
or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950 and 600.2950a, or for whom there is reasonable cause to
believe is violating or has violated a valid foreign protection
order. If the officer or county agent takes a child coming within
the provisions of this chapter into custody, he or she shall
immediately attempt to notify the parent or parents, guardian, or
custodian. While awaiting the arrival of the parent or parents,
guardian,
or custodian, a child under the age of 17 18 years taken
into custody under the provisions of this chapter shall not be held
in
a jail or any other
detention facility unless the child
is
completely
isolated so as to prevent any verbal, visual, or
physical
contact with any adult prisoner. for
adults but may be
held in a detention facility for juveniles. Unless the child
requires immediate detention as provided for in this act, the
officer shall accept the written promise of the parent or parents,
guardian, or custodian, to bring the child to the court at a fixed
time. The child shall then be released to the custody of the parent
or parents, guardian, or custodian.
(2) If a child is not released under subsection (1), the child
and his or her parent or parents, guardian, or custodian, if they
can be located, shall immediately be brought before the court for a
preliminary hearing on the status of the child, and an order signed
by a judge or a referee authorizing the filing of a complaint shall
be entered or the child shall be released to his or her parent or
parents, guardian, or custodian.
(3) If a complaint is authorized under subsection (2), the
order shall state where the child is to be placed, pending
investigation and hearing, which placement may be in any of the
following:
(a) In the home of the child's parent, guardian, or custodian.
(b) If a child is within the court's jurisdiction under
section 2(a) of this chapter, in a suitable foster care home
subject
to the court's supervision. Except as otherwise provided in
subsections
(4) and (5), if If a child is within the court's
jurisdiction under section 2(b) of this chapter, the court shall
not place a child in a foster care home subject to the court's
supervision.
(c) In a child care institution or child placing agency
licensed
by the department of human services to receive for care
children within the jurisdiction of the court.
(d) In a suitable place of detention.
(4)
Except as otherwise provided in subsection (5), if a court
is
providing at the time of the enactment of this subsection foster
care
home services subject to the court's supervision to children
within
section 2(b) of this chapter, the court may continue to
provide
those services through December 31, 1989. Beginning January
1,
1990, the court shall discontinue providing those services.
(5)
If a court located in a county with a population in excess
of
650,000 is providing at the time of the enactment of this
subsection
foster care home services subject to the court's
supervision
to children within section 2(b) of this chapter, the
court
may continue to provide those services through December 31,
1991.
Beginning January 1, 1992, the court shall discontinue those
services.
Sec. 15. (1) In the case of a child concerning whom a
complaint
has been made or a petition has been filed pursuant to
under this chapter, the court may order the child, pending the
hearing,
detained in a facility as the court shall designate.
designates. The court may release the child, pending the hearing,
in the custody of a parent, guardian, or custodian, to be brought
before the court at the time designated. As used in this
subsection, "petition" includes all of the following:
(a) Petition.
(b) Supplemental petition.
(c) Petition for revocation of probation.
(d) Supplemental petition alleging a violation of a personal
protection order.
(2) Custody, pending hearing, is limited to the following
children:
(a) Those whose home conditions make immediate removal
necessary.
(b) Those who have a record of unexcused failures to appear at
juvenile court proceedings.
(c) Those who have run away from home.
(d) Those who have failed to remain in a detention or
nonsecure facility or placement in violation of a court order.
(e) Those whose offenses are so serious that release would
endanger public safety.
(f) Those who have allegedly violated a personal protection
order and for whom it appears there is a substantial likelihood of
retaliation or continued violation.
(3)
A child taken into custody pursuant according to section
2(a)(2) to (4) of this chapter or subsection (2)(c) shall not be
detained in any secure facility designed to physically restrict the
movements and activities of alleged or adjudicated juvenile
offenders unless the court finds that the child willfully violated
a court order and the court finds, after a hearing and on the
record, that there is not a less restrictive alternative more
appropriate
to the needs of the child. This subsection does not
apply
to a child who is under the jurisdiction of the court
pursuant
to section 2(a)(1) of this chapter or a child who is not
less
than 17 years of age and who is under the jurisdiction of the
court
pursuant to a supplemental petition under section 2(h) of
this
chapter.
(4)
A child taken into custody pursuant to under section 2(b)
of this chapter or subsection (2)(a) shall not be detained in any
secure facility designed to physically restrict the movements and
activities of alleged or adjudicated juvenile offenders or in a
cell or other secure area of any secure facility designed to
incarcerate adults.
(5)
A child taken into custody pursuant to under section
2(a)(2) to (4) of this chapter or subsection (2)(c) shall not be
detained in a cell or other secure area of any secure facility
designed
to incarcerate adults unless either of the following
applies:
(a)
A child is under the jurisdiction of the court pursuant to
section
2(a)(1) of this chapter for an offense which, if committed
by
an adult, would be a felony.
(b)
A the child is not less than 17 18 years
of age and is
under
the jurisdiction of the court pursuant to under a
supplemental petition under section 2(h) of this chapter.
Sec.
16. (1) If a juvenile under the age of 17 18 years is
taken into custody or detained, the juvenile shall not be confined
in any police station, prison, jail, lock-up, or reformatory or
transported with, or compelled or permitted to associate or mingle
with,
criminal or dissolute persons. However, except as otherwise
provided
in section 15(3), (4), and (5) of this chapter, the court
may
order a juvenile 15 years of age or older whose habits or
conduct
are considered a menace to other juveniles, or who may not
otherwise
be safely detained, placed in a jail or other place of
detention
for adults, but in a room or ward separate from adults
and
for not more than 30 days, unless longer detention is necessary
for
the service of process.
(2) The county board of commissioners in each county or of
counties contracting together may provide for the diagnosis,
treatment, care, training, and detention of juveniles in a child
care home or facility conducted as an agency of the county if the
home or facility meets licensing standards established under 1973
PA 116, MCL 722.111 to 722.128. The court or a court-approved
agency
may arrange for the boarding of juveniles in any either of
the following:
(a) If a juvenile is within the court's jurisdiction under
section 2(a) of this chapter, a suitable foster care home subject
to the court's supervision. If a juvenile is within the court's
jurisdiction under section 2(b) of this chapter, the court shall
not place a juvenile in a foster care home subject to the court's
supervision.
(b) A child caring institution or child placing agency
licensed
by the department of consumer and industry services to
receive for care juveniles within the court's jurisdiction.
(c)
If in a room or ward separate and apart from adult
criminals,
the county jail for juveniles over 17 years of age
within
the court's jurisdiction.
(3) If a detention home or facility is established as an
agency of the county, the judge may appoint a superintendent and
other necessary employees for the home or facility who shall
receive compensation as provided by the county board of
commissioners of the county. This section does not alter or
diminish
the legal responsibility of the family independence agency
department or a county juvenile agency to receive juveniles
committed by the court.
(4) If the court under subsection (2) arranges for the board
of juveniles temporarily detained in private homes or in a child
caring institution or child placing agency, a reasonable sum fixed
by the court for their board shall be paid by the county treasurer
as provided in section 25 of this chapter.
(5) A court shall not provide foster care home services
subject to the court's supervision to juveniles within section 2(b)
of this chapter.
(6) A juvenile detention home described in subsection (3)
shall be operated under the direction of the county board of
commissioners or, in a county that has an elected county executive,
under
the county executive's direction. However, a A different
method for directing the operation of a detention home may be
agreed to in any county by the chief judge of the circuit court in
that county and the county board of commissioners or, in a county
that has an elected county executive, the county executive.
Sec. 18. (1) If the court finds that a juvenile concerning
whom a petition is filed is not within this chapter, the court
shall enter an order dismissing the petition. Except as otherwise
provided in subsection (10), if the court finds that a juvenile is
within this chapter, the court shall order the juvenile returned to
his or her parent if the return of the juvenile to his or her
parent would not cause a substantial risk of harm to the juvenile
or society. The court may also enter any of the following orders of
disposition that are appropriate for the welfare of the juvenile
and society in view of the facts proven and ascertained:
(a) Warn the juvenile or the juvenile's parents, guardian, or
custodian and, except as provided in subsection (7), dismiss the
petition.
(b) Place the juvenile on probation, or under supervision in
the juvenile's own home or in the home of an adult who is related
to the juvenile. As used in this subdivision, "related" means an
individual who is not less than 18 years of age and related to the
child by blood, marriage, or adoption, as grandparent, great-
grandparent, great-great-grandparent, aunt or uncle, great-aunt or
great-uncle, great-great-aunt or great-great-uncle, sibling,
stepsibling, nephew or niece, first cousin or first cousin once
removed, and the spouse of any of the above, even after the
marriage has ended by death or divorce. A child may be placed with
the parent of a man whom the court has found probable cause to
believe is the putative father if there is no man with legally
established rights to the child. This placement of the child with
the parent of a man whom the court has found probable cause to
believe
is the putative father is for the purposes purpose of
placement
only, and is not to be construed as a
finding of
paternity, or
to and does not confer legal standing. The court
shall order the terms and conditions of probation or supervision,
including reasonable rules for the conduct of the parents,
guardian, or custodian, if any, as the court determines necessary
for the physical, mental, or moral well-being and behavior of the
juvenile. The court may order that the juvenile participate in a
juvenile drug treatment court under chapter 10A of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. The
court also shall order, as a condition of probation or supervision,
that the juvenile shall pay the minimum state cost prescribed by
section 18m of this chapter.
(c) If a juvenile is within the court's jurisdiction under
section 2(a) of this chapter, or under section 2(h) of this chapter
for a supplemental petition, place the juvenile in a suitable
foster care home subject to the court's supervision. If a juvenile
is within the court's jurisdiction under section 2(b) of this
chapter, the court shall not place a juvenile in a foster care home
subject to the court's supervision.
(d) Except as otherwise provided in this subdivision, place
the juvenile in or commit the juvenile to a private institution or
agency approved or licensed by the department's division of child
welfare licensing for the care of juveniles of similar age, sex,
and characteristics. If the juvenile is not a ward of the court,
the court shall commit the juvenile to the department or, if the
county is a county juvenile agency, to that county juvenile agency
for placement in or commitment to an institution or agency as the
department or county juvenile agency determines is most
appropriate, subject to any initial level of placement the court
designates.
(e) Except as otherwise provided in this subdivision, commit
the juvenile to a public institution, county facility, institution
operated as an agency of the court or county, or agency authorized
by law to receive juveniles of similar age, sex, and
characteristics. If the juvenile is not a ward of the court, the
court shall commit the juvenile to the department or, if the county
is a county juvenile agency, to that county juvenile agency for
placement in or commitment to an institution or facility as the
department or county juvenile agency determines is most
appropriate, subject to any initial level of placement the court
designates.
If a child is not less than 17 years of age and is in
violation
of a personal protection order, the court may commit the
child
to a county jail within the adult prisoner population. In a
placement under subdivision (d) or a commitment under this
subdivision, except to a state institution or a county juvenile
agency institution, the juvenile's religious affiliation shall be
protected
by placement or commitment to a private child-placing
child
placing or child-caring child caring agency or institution,
if available. Except for commitment to the department or a county
juvenile agency, an order of commitment under this subdivision to a
state institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309, or in 1935 PA
220, MCL 400.201 to 400.214, the court shall name the
superintendent of the institution to which the juvenile is
committed as a special guardian to receive benefits due the
juvenile from the government of the United States. An order of
commitment under this subdivision to the department or a county
juvenile agency shall name that agency as a special guardian to
receive those benefits. The benefits received by the special
guardian shall be used to the extent necessary to pay for the
portions of the cost of care in the institution or facility that
the parent or parents are found unable to pay.
(f) Provide the juvenile with medical, dental, surgical, or
other health care, in a local hospital if available, or elsewhere,
maintaining as much as possible a local physician-patient
relationship, and with clothing and other incidental items the
court determines are necessary.
(g) Order the parents, guardian, custodian, or any other
person to refrain from continuing conduct that the court determines
has caused or tended to cause the juvenile to come within or to
remain under this chapter or that obstructs placement or commitment
of the juvenile by an order under this section.
(h) Appoint a guardian under section 5204 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5204, in response
to a petition filed with the court by a person interested in the
juvenile's welfare. If the court appoints a guardian as authorized
by this subdivision, it may dismiss the petition under this
chapter.
(i) Order the juvenile to engage in community service.
(j) If the court finds that a juvenile has violated a
municipal ordinance or a state or federal law, order the juvenile
to pay a civil fine in the amount of the civil or penal fine
provided by the ordinance or law. Money collected from fines levied
under this subsection shall be distributed as provided in section
29 of this chapter.
(k) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, order the juvenile's parent or
guardian to personally participate in treatment reasonably
available in the parent's or guardian's location.
(l) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, place the juvenile in and order
the juvenile to complete satisfactorily a program of training in a
juvenile boot camp established by the department under the juvenile
boot camp act, 1996 PA 263, MCL 400.1301 to 400.1309, as provided
in that act. If the county is a county juvenile agency, the court
shall commit the juvenile to that county juvenile agency for
placement in the program under that act. Upon receiving a report of
satisfactory completion of the program from the department, the
court shall authorize the juvenile's release from placement in the
juvenile boot camp. Following satisfactory completion of the
juvenile boot camp program, the juvenile shall complete an
additional period of not less than 120 days or more than 180 days
of intensive supervised community reintegration in the juvenile's
local community. To place or commit a juvenile under this
subdivision, the court shall determine all of the following:
(i) Placement in a juvenile boot camp will benefit the
juvenile.
(ii) The juvenile is physically able to participate in the
program.
(iii) The juvenile does not appear to have any mental handicap
that would prevent participation in the program.
(iv) The juvenile will not be a danger to other juveniles in
the boot camp.
(v) There is an opening in a juvenile boot camp program.
(vi) If the court must commit the juvenile to a county
juvenile agency, the county juvenile agency is able to place the
juvenile in a juvenile boot camp program.
(m) If the court entered a judgment of conviction under
section 2d of this chapter, enter any disposition under this
section or, if the court determines that the best interests of the
public would be served, impose any sentence upon the juvenile that
could be imposed upon an adult convicted of the offense for which
the juvenile was convicted, except that a juvenile shall not be
confined in a jail or prison until the juvenile is 18 years of age.
If the juvenile is convicted of a violation or conspiracy to commit
a violation of section 7403(2)(a)(i) of the public health code,
1978 PA 368, MCL 333.7403, the court may impose the alternative
sentence permitted under that section if the court determines that
the best interests of the public would be served. The court may
delay imposing a sentence of imprisonment under this subdivision
for a period not longer than the period during which the court has
jurisdiction over the juvenile under this chapter by entering an
order of disposition delaying imposition of sentence and placing
the juvenile on probation upon the terms and conditions it
considers appropriate, including any disposition under this
section. If the court delays imposing sentence under this section,
section 18i of this chapter applies. If the court imposes sentence,
it shall enter a judgment of sentence. If the court imposes a
sentence of imprisonment, the juvenile shall receive credit against
the sentence for time served before sentencing. In determining
whether to enter an order of disposition or impose a sentence under
this subdivision, the court shall consider all of the following
factors, giving greater weight to the seriousness of the offense
and the juvenile's prior record:
(i) The seriousness of the offense in terms of community
protection, including, but not limited to, the existence of any
aggravating factors recognized by the sentencing guidelines, the
use of a firearm or other dangerous weapon, and the impact on any
victim.
(ii) The juvenile's culpability in committing the offense,
including, but not limited to, the level of the juvenile's
participation in planning and carrying out the offense and the
existence of any aggravating or mitigating factors recognized by
the sentencing guidelines.
(iii) The juvenile's prior record of delinquency including,
but not limited to, any record of detention, any police record, any
school record, or any other evidence indicating prior delinquent
behavior.
(iv) The juvenile's programming history, including, but not
limited to, the juvenile's past willingness to participate
meaningfully in available programming.
(v) The adequacy of the punishment or programming available in
the juvenile justice system.
(vi) The dispositional options available for the juvenile.
(n) In a proceeding under section 2(b) or (c) of this chapter,
if a juvenile is removed from the parent's custody at any time, the
court shall permit the juvenile's parent to have regular and
frequent parenting time with the juvenile. Parenting time between
the juvenile and his or her parent shall not be less than 1 time
every 7 days unless the court determines either that exigent
circumstances require less frequent parenting time or that
parenting time, even if supervised, may be harmful to the
juvenile's life, physical health, or mental well-being. If the
court determines that parenting time, even if supervised, may be
harmful to the juvenile's life, physical health, or mental well-
being, the court may suspend parenting time until the risk of harm
no longer exists. The court may order the juvenile to have a
psychological evaluation or counseling, or both, to determine the
appropriateness and the conditions of parenting time.
(2) An order of disposition placing a juvenile in or
committing a juvenile to care outside of the juvenile's own home
and under state, county juvenile agency, or court supervision shall
contain a provision for reimbursement by the juvenile, parent,
guardian, or custodian to the court for the cost of care or
service. The order shall be reasonable, taking into account both
the income and resources of the juvenile, parent, guardian, or
custodian. The amount may be based upon the guidelines and model
schedule created under subsection (6). If the juvenile is receiving
an adoption assistance under sections 115f to 115m or 115t of the
social welfare act, 1939 PA 280, MCL 400.115f to 400.115m and
400.115t, the amount shall not exceed the amount of the support
subsidy. The reimbursement provision applies during the entire
period the juvenile remains in care outside of the juvenile's own
home and under state, county juvenile agency, or court supervision,
unless the juvenile is in the permanent custody of the court. The
court shall provide for the collection of all amounts ordered to be
reimbursed and the money collected shall be accounted for and
reported to the county board of commissioners. Collections to cover
delinquent accounts or to pay the balance due on reimbursement
orders may be made after a juvenile is released or discharged from
care outside the juvenile's own home and under state, county
juvenile agency, or court supervision. Twenty-five percent of all
amounts collected under an order entered under this subsection
shall be credited to the appropriate fund of the county to offset
the administrative cost of collections. The balance of all amounts
collected under an order entered under this subsection shall be
divided in the same ratio in which the county, state, and federal
government participate in the cost of care outside the juvenile's
own home and under state, county juvenile agency, or court
supervision. The court may also collect from the government of the
United States benefits paid for the cost of care of a court ward.
Money collected for juveniles placed by the court with or committed
to the department or a county juvenile agency shall be accounted
for and reported on an individual juvenile basis. In cases of
delinquent accounts, the court may also enter an order to intercept
state or federal tax refunds of a juvenile, parent, guardian, or
custodian and initiate the necessary offset proceedings in order to
recover the cost of care or service. The court shall send to the
person who is the subject of the intercept order advance written
notice of the proposed offset. The notice shall include notice of
the opportunity to contest the offset on the grounds that the
intercept is not proper because of a mistake of fact concerning the
amount of the delinquency or the identity of the person subject to
the order. The court shall provide for the prompt reimbursement of
an amount withheld in error or an amount found to exceed the
delinquent amount.
(3) An order of disposition placing a juvenile in the
juvenile's own home under subsection (1)(b) may contain a provision
for reimbursement by the juvenile, parent, guardian, or custodian
to the court for the cost of service. If an order is entered under
this subsection, an amount due shall be determined and treated in
the same manner provided for an order entered under subsection (2).
(4) An order directed to a parent or a person other than the
juvenile is not effective and binding on the parent or other person
unless opportunity for hearing is given by issuance of summons or
notice as provided in sections 12 and 13 of this chapter and until
a copy of the order, bearing the seal of the court, is served on
the parent or other person as provided in section 13 of this
chapter.
(5) If the court appoints an attorney to represent a juvenile,
parent, guardian, or custodian, the court may require in an order
entered under this section that the juvenile, parent, guardian, or
custodian reimburse the court for attorney fees.
(6) The office of the state court administrator, under the
supervision and direction of the supreme court, shall create
guidelines that the court may use in determining the ability of the
juvenile, parent, guardian, or custodian to pay for care and any
costs of service ordered under subsection (2) or (3). The
guidelines shall take into account both the income and resources of
the juvenile, parent, guardian, or custodian.
(7) If the court finds that a juvenile comes under section 30
of this chapter, the court shall order the juvenile or the
juvenile's parent to pay restitution as provided in sections 30 and
31 of this chapter and in sections 44 and 45 of the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.794 and
780.795.
(8) If the court imposes restitution as a condition of
probation, the court shall require the juvenile to do either of the
following as an additional condition of probation:
(a) Engage in community service or, with the victim's consent,
perform services for the victim.
(b) Seek and maintain paid employment and pay restitution to
the victim from the earnings of that employment.
(9) If the court finds that the juvenile is in intentional
default of the payment of restitution, a court may, as provided in
section 31 of this chapter, revoke or alter the terms and
conditions of probation for nonpayment of restitution. If a
juvenile who is ordered to engage in community service
intentionally refuses to perform the required community service,
the court may revoke or alter the terms and conditions of
probation.
(10) The court shall not enter an order of disposition for a
juvenile offense as defined in section 1a of 1925 PA 289, MCL
28.241a, or a judgment of sentence for a conviction until the court
has examined the court file and has determined that the juvenile's
biometric data have been collected and forwarded as required by
section 3 of 1925 PA 289, MCL 28.243, and the juvenile's
fingerprints have been taken and forwarded as required by the sex
offenders registration act, 1994 PA 295, MCL 28.721 to 28.736. If a
juvenile's biometric data have not been collected or a juvenile has
not had his or her fingerprints taken, the court shall do either of
the following:
(a) Order the juvenile to submit himself or herself to the
police agency that arrested or obtained the warrant for the
juvenile's arrest so the juvenile's biometric data can be collected
and forwarded and his or her fingerprints can be taken and
forwarded.
(b) Order the juvenile committed to the sheriff's custody for
collecting and forwarding the juvenile's biometric data and taking
and forwarding the juvenile's fingerprints.
(11) Upon final disposition, conviction, acquittal, or
dismissal of an offense within the court's jurisdiction under
section 2(a)(1) of this chapter, using forms approved by the state
court administrator, the clerk of the court entering the final
disposition, conviction, acquittal, or dismissal shall immediately
advise the department of state police of that final disposition,
conviction, acquittal, or dismissal as required by section 3 of
1925 PA 289, MCL 28.243. The report to the department of state
police shall include information as to the finding of the judge or
jury and a summary of the disposition or sentence imposed.
(12) If the court enters an order of disposition based on an
act that is a juvenile offense as defined in section 1 of 1989 PA
196, MCL 780.901, the court shall order the juvenile to pay the
assessment as provided in that act. If the court enters a judgment
of conviction under section 2d of this chapter for an offense that
is a felony, misdemeanor, or ordinance violation, the court shall
order the juvenile to pay the assessment as provided in that act.
(13) If the court has entered an order of disposition or a
judgment of conviction for a listed offense as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722, the
court, the department, or the county juvenile agency shall register
the juvenile or accept the juvenile's registration as provided in
the sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736.
(14) If the court enters an order of disposition placing a
juvenile in a juvenile boot camp program, or committing a juvenile
to a county juvenile agency for placement in a juvenile boot camp
program, and the court receives from the department a report that
the juvenile has failed to perform satisfactorily in the program,
that the juvenile does not meet the program's requirements or is
medically unable to participate in the program for more than 25
days, that there is no opening in a juvenile boot camp program, or
that the county juvenile agency is unable to place the juvenile in
a juvenile boot camp program, the court shall release the juvenile
from placement or commitment and enter an alternative order of
disposition. A juvenile shall not be placed in a juvenile boot camp
under an order of disposition more than once, except that a
juvenile returned to the court for a medical condition, because
there was no opening in a juvenile boot camp program, or because
the county juvenile agency was unable to place the juvenile in a
juvenile boot camp program may be placed again in the juvenile boot
camp program after the medical condition is corrected, an opening
becomes available, or the county juvenile agency is able to place
the juvenile.
(15) If the juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter for an offense other than a listed
offense as defined in section 2 of the sex offenders registration
act, 1994 PA 295, MCL 28.722, the court shall determine if the
offense is a violation of a law of this state or a local ordinance
of a municipality of this state that by its nature constitutes a
sexual offense against an individual who is less than 18 years of
age. If so, the order of disposition is for a listed offense as
defined in section 2 of the sex offenders registration act, 1994 PA
295, MCL 28.722, and the court shall include the basis for that
determination on the record and include the determination in the
order of disposition.
(16) The court shall not impose a sentence of imprisonment in
the county jail under subsection (1)(m) unless the present county
jail facility for the juvenile's imprisonment would meet all
requirements under federal law and regulations for housing
juveniles. The court shall not impose the sentence until it
consults with the sheriff to determine when the sentence will begin
to ensure that space will be available for the juvenile.
(17) In a proceeding under section 2(h) of this chapter, this
section only applies to a disposition for a violation of a personal
protection order and subsequent proceedings.
(18) If a juvenile is within the court's jurisdiction under
section 2(a)(1) of this chapter, the court shall order the juvenile
to pay costs as provided in section 18m of this chapter.
(19) A juvenile who has been ordered to pay the minimum state
cost as provided in section 18m of this chapter as a condition of
probation or supervision and who is not in willful default of the
payment of the minimum state cost may petition the court at any
time for a remission of the payment of any unpaid portion of the
minimum state cost. If the court determines that payment of the
amount due will impose a manifest hardship on the juvenile or his
or her immediate family, the court may remit all or part of the
amount of the minimum state cost due or modify the method of
payment.
Sec. 18i. (1) A delay in sentencing does not deprive the court
of jurisdiction to sentence the juvenile under section 18(1)(n) of
this chapter any time during the delay.
(2) If the court has entered an order of disposition under
section 18(1)(n) of this chapter delaying imposition of sentence,
the court shall conduct an annual review of the probation,
including but not limited to the services being provided to the
juvenile, the juvenile's placement, and the juvenile's progress in
that placement. In conducting this review, the court shall examine
any annual report prepared under section 3 of the juvenile
facilities
act, Act No. 73 of the Public Acts of 1988, being
section
803.223 of the Michigan Compiled Laws, 1988 PA 73, MCL
803.223, and any report prepared upon the court's order by the
officer or agency supervising probation. The court may order
changes in the juvenile's probation based on the review including
but not limited to imposition of sentence.
(3) If the court entered an order of disposition under section
18(1)(n) of this chapter delaying imposition of sentence, the court
shall conduct a review hearing to determine whether the juvenile
has been rehabilitated and whether the juvenile presents a serious
risk to public safety. If the court determines that the juvenile
has not been rehabilitated or that the juvenile presents a serious
risk to public safety, jurisdiction over the juvenile shall be
continued or the court may impose sentence. In making this
determination, the court shall consider the following:
(a) The extent and nature of the juvenile's participation in
education, counseling, or work programs.
(b) The juvenile's willingness to accept responsibility for
prior behavior.
(c) The juvenile's behavior in his or her current placement.
(d) The prior record and character of the juvenile and his or
her physical and mental maturity.
(e) The juvenile's potential for violent conduct as
demonstrated by prior behavior.
(f) The recommendations of any institution or agency charged
with the juvenile's care for the juvenile's release or continued
custody.
(g) Other information the prosecuting attorney or juvenile may
submit.
(4) A review hearing shall be scheduled and held unless
adjourned for good cause as near as possible to, but before, the
juvenile's nineteenth birthday. If an institution or agency to
which the juvenile was committed believes that the juvenile has
been rehabilitated and that the juvenile does not present a serious
risk to public safety, the institution or agency may petition the
court to conduct a review hearing any time before the juvenile
becomes 19 years of age or, if the court has continued
jurisdiction, any time before the juvenile becomes 21 years of age.
(5) Not less than 14 days before a review hearing is to be
conducted, the prosecuting attorney, juvenile, and, if addresses
are known, the juvenile's parent or guardian shall be notified. The
notice shall state that the court may extend jurisdiction over the
juvenile or impose sentence and shall advise the juvenile and the
juvenile's parent or guardian of the right to legal counsel. If
legal counsel has not been retained or appointed to represent the
juvenile, the court shall appoint legal counsel and may assess the
cost of providing counsel as costs against the juvenile or those
responsible for the juvenile's support, or both, if the persons to
be assessed are financially able to comply.
(6) A commitment report prepared as provided in section 5 of
the
juvenile facilities act, Act No. 73 of the Public Acts of 1988,
being
section 803.225 of the Michigan Compiled Laws, 1988 PA 73,
MCL 803.225, and any report prepared upon the court's order by the
officer or agency supervising probation may be used by the court at
a review hearing held under this section.
(7) The court shall conduct a final review of the juvenile's
probation not less than 3 months before the end of the probation
period. If the court determines at this review that the best
interests of the public would be served by imposing any other
sentence provided by law for an adult offender, the court may
impose the sentence. In making its determination, the court shall
consider the criteria specified in subsection (3) and all of the
following criteria:
(a) The effect of treatment on the juvenile's rehabilitation.
(b) Whether the juvenile is likely to be dangerous to the
public if released.
(c) The best interests of the public welfare and the
protection of public security.
(8) Not less than 14 days before a final review hearing under
subsection (7) is to be conducted, the prosecuting attorney,
juvenile, and, if addresses are known, the juvenile's parent or
guardian shall be notified. The notice shall state that the court
may impose a sentence upon the juvenile and shall advise the
juvenile and the juvenile's parent or guardian of the right to
legal counsel. If legal counsel has not been retained or appointed
to represent the juvenile, the court shall appoint legal counsel
and may assess the cost of providing counsel as costs against the
juvenile or those responsible for the juvenile's support, or both,
if the persons to be assessed are financially able to comply.
(9) If a juvenile placed on probation under an order of
disposition delaying imposition of sentence is found by the court
to have violated probation by being convicted of a felony or a
misdemeanor punishable by imprisonment for more than 1 year, or
adjudicated as responsible for an offense that if committed by an
adult would be a felony or a misdemeanor punishable by imprisonment
for more than 1 year, the court shall revoke probation and sentence
the juvenile to imprisonment for a term that does not exceed the
penalty that could have been imposed for the offense for which the
juvenile was originally convicted and placed on probation.
(10) If a juvenile placed on probation under an order of
disposition delaying imposition of sentence is found by the court
to have violated probation other than as provided in subsection
(9), the court may impose sentence or may order any of the
following for the juvenile:
(a) A change of placement.
(b) Community service.
(c)
Substance abuse use disorder
counseling.
(d) Mental health counseling.
(e) Participation in a vocational-technical education program.
(f)
Incarceration in a county jail for not more than 30 days
as
provided in this chapter. If a juvenile is under 17 years of
age,
the juvenile shall be placed in a room or ward out of sight
and
sound from adult prisoners.
(f) (g)
Other participation or performance
as the court
considers necessary.
(11) If a sentence of imprisonment is imposed under this
section, the juvenile shall receive credit for the period of time
served on probation.
Enacting section 1. This amendatory act takes effect October
1, 2018.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4143 (request no.
00305'19).
(b) Senate Bill No. ____ or House Bill No. 4145 (request no.
00600'19).
