Bill Text: MI HB4145 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; prejudication confinement of juveniles under 18 years of age in jail; preclude. Amends sec. 27a, ch. IV of 1927 PA 175 (MCL 764.27a).
Spectrum: Bipartisan Bill
Status: (Passed) 2019-11-06 - Assigned Pa 105'19 [HB4145 Detail]
Download: Michigan-2019-HB4145-Introduced.html
HOUSE BILL No. 4145
February 6, 2019, Introduced by Reps. Filler, LaGrand, Rendon, Wozniak, Calley, Guerra, Elder, Brann, Hauck and Love and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 27a of chapter IV (MCL 764.27a), as amended by
1996 PA 254.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec.
27a. (1) A juvenile , other than a juvenile confined
under
subsection (3), shall must not be confined in a police
station, prison, jail, lock-up, or reformatory, or be transported
with, or compelled or permitted to associate or mingle with,
criminal persons while awaiting trial.
(2)
A juvenile, other than a juvenile confined under
subsection
(3), whose habits or conduct are considered to be a
menace
to other children, or who may not otherwise be safely
detained,
may be ordered by a court to be placed in a jail or other
place
of detention for adults, but in a room or ward out of sight
and
sound from adults.
(3)
A juvenile or individual less than 17 years of age who is
under
the jurisdiction of the circuit court or recorder's court of
the
city of Detroit for committing a felony may be confined in the
county
jail pending trial. An individual less than 17 years of age
who
is under the jurisdiction of the probate court for committing a
felony
may be held in the county jail pending trial if the case is
designated
by the court under section 2d of chapter XIIA of Act No.
288
of the Public Acts of 1939, being section 712A.2d of the
Michigan
Compiled Laws, as a case in which the individual is to be
tried
in the same manner as an adult and the court has determined
that
there is probable cause to believe that the felony was
committed
and that there is probable cause to believe the
individual
committed that felony. If a juvenile or individual less
than
17 years of age is confined in the county jail under this
subsection,
the juvenile or individual less than 17 years of age
shall
be held physically separate from adult prisoners. A juvenile
or
individual less than 17 years of age shall not be confined in
the
county jail under this subsection without the prior approval of
the
county sheriff. As used in this subsection, "felony" means a
crime
that is designated by law as a felony or that is punishable
by
imprisonment for more than 1 year.
(2) (4)
The court, upon motion of a
juvenile or individual
less
than 17 18 years of age who is subject to confinement under
subsection
(3) may, for good cause shown,
order the juvenile or
individual
less than 17 18 years of age to be confined as otherwise
provided by law.
(3) (5)
If a person is convicted of a crime
within this state
and has served time in a juvenile facility before sentencing
because of being denied or being unable to furnish bond for the
offense of which he or she is convicted, the trial court in
imposing sentence shall specifically grant credit against the
sentence for time served in a juvenile facility before sentencing.
Enacting section 1. This amendatory act takes effect January
1, 2021.
