Bill Text: MI HB6515 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Courts; other; raise the age advisory committee; create in the state court administrative office. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB6515 Detail]
Download: Michigan-2017-HB6515-Introduced.html
HOUSE BILL No. 6515
November 27, 2018, Introduced by Reps. Love, Geiss, Guerra, Neeley, Howrylak, Yancey, Phelps and Jones and referred to the Committee on Law and Justice.
A bill to create the raise the age advisory committee and
prescribe its powers and duties and to provide for the powers and
duties of certain state and local governmental offices and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "raise
the age advisory committee act".
Sec. 2. As used in this act:
(a) "Committee" means the raise the age advisory committee
created in section 3.
(b) "Michigan committee on juvenile justice" means the
committee created in Executive Order No. 2012-1.
Sec. 3. (1) The raise the age advisory committee is
established within the state court administrative office. The
committee shall develop recommendations for the implementation of
legislation that would require individuals who are 17 years of age
to be treated as juveniles for purposes of criminal prosecution,
rather than as adults.
(2) Upon appropriation of the necessary funding, the state
court administrative office shall provide professional and clerical
staff, including professional facilitation, and other services and
supplies, including meeting space, as needed for the committee to
carry out its duties in an effective manner.
(3) The committee shall develop a detailed plan of
recommendations for the implementation of any changes in the
juvenile justice system that would be required in order to extend
jurisdiction in delinquency matters and proceedings handled within
the juvenile justice system to include individuals who are 17 years
of age. The plan developed under this subsection must include all
of the following:
(a) A process to develop and implement a centralized juvenile
justice data sharing system that will be adequately and sustainably
funded by this state to achieve consistent quality data from every
county of this state.
(b) Recommendations regarding the use of an evidence-based
risk and needs assessment tool.
(c) Recommendations for the training of judges,
administrators, and other juvenile justice stakeholders to expand
the understanding of the value and need for implementation of a
validated risk and needs assessment in the juvenile courts to drive
individualized, appropriately dosed treatment for juveniles in the
court, the use of trauma-informed programming to address identified
needs, and the expansion of restorative practice options for
justice-involved youth.
(d) Recommendations for expanding community-based services for
justice-involved youth, including regional options in rural
communities as needed.
(e) Recommendations for expanding diversion options prior to
juvenile court involvement.
(f) An assessment of the projected need for juvenile detention
beds, and any need for private agencies to modify the agencies'
licensing to accept 17-year-old individuals in the agencies'
residential facilities.
(g) A racial impact study of raising the age of juvenile
jurisdiction to 17 years of age.
(4) The plan developed under subsection (3) must also include
cost estimates for each portion of the plan, including capital
costs, operating costs, and staffing costs. As the legislation
expanding juvenile jurisdiction to include individuals 17 years of
age is implemented, the committee shall monitor and review the
implementation and make additional recommendations to the
legislature as necessary.
(5) The committee shall consist of the following 21 members:
(a) The executive director of the children's services agency
at the department of health and human services or his or her
designee.
(b) The state court administrator or his or her designee.
(c) The deputy director for behavioral health and
developmental disabilities at the department of health and human
services or his or her designee.
(d) The superintendent of public instruction or his or her
designee.
(e) One county administrator, appointed by the Michigan
Association of Counties.
(f) The chairperson of the Michigan committee on juvenile
justice.
(g) Two juvenile court administrators. One of the
administrators under this subdivision must be appointed by the
Michigan Association of Family Court Administrators and the other
must be appointed by the Northern Michigan Juvenile Officers
Association.
(h) The Wayne County Deputy Director of the Department of
Health, Veterans, and Community or his or her designee.
(i) One county sheriff appointed by the Michigan Sheriffs'
Association.
(j) One prosecuting attorney who handles juvenile matters
appointed by the Prosecuting Attorneys Association of Michigan.
(k) One representative from the victim advocacy community who
must be appointed by the minority leader of the senate.
(l) The director of the department of corrections or his or
her designee.
(m) One individual who has been in the juvenile justice system
as an offender, appointed by the youth advisory board that is
overseen and funded by the Michigan committee on juvenile justice.
(n) One parent of a child currently in the juvenile justice
system as an offender, appointed by the minority leader of the
house of representatives.
(o) The Michigan Kids Count Director.
(p) The director of the lead agency for the Raise the Age
Advocacy Campaign.
(q) One judge appointed by the Michigan Probate Judges
Association.
(r) One judge appointed by the Michigan Judges Association.
(s) One representative for the Michigan Juvenile Detention
Association appointed by the association.
(t) One representative for the Council of Michigan Foundations
or his or her designee.
(6) The appointment of the members who must be appointed to
the committee must be completed not later than May 1, 2019. A
vacancy on the committee that results from the resignation of a
member of the committee who was appointed to the committee must be
filled in the same manner in which the original appointment was
made.
(7) The senate majority leader and the speaker of the house of
representatives shall designate 1 member each who shall serve as
co-chairpersons of the committee. The co-chairpersons designated
under this subsection shall call the initial meeting of the
committee on or before June 1, 2019. After the first meeting, the
committee shall meet upon appropriate notice to and at times
determined necessary by its members.
(8) A majority of the members of the committee constitute a
quorum for the transaction of business at a meeting of the
committee. A majority of the members present and serving are
required for official action of the committee.
(9) The committee may request the use of facilities, provision
of data, or any other assistance from a department, agency,
institution, or officer of this state or any political subdivision
of this state.
Sec. 5. (1) Not later than May 1, 2020, the committee shall
submit an initial report to the legislature with copies to the
appropriations subcommittees for health and human services of both
houses of the legislature containing the specific recommendations
for and the cost estimates of capital, operating, and staffing
costs for implementation of legislation that increases the age for
criminal prosecution as an adult in this state from 17 years of age
to 18 years of age. The report under this subsection must include
legislative, administrative, and funding recommendations for
developing a permanent funding mechanism necessary to implement the
extension of juvenile jurisdiction to include individuals who are
17 years of age. The report under this subsection must also contain
a data assessment of the number of individuals who are 17 years of
age that are projected to enter the juvenile justice system
organized by county and include the offense types applicable to the
individuals, as well as an initial assessment of detention facility
capacity and utilization.
(2) The committee may contract with a third-party researcher
to conduct a study of the implementation of the legislation
described under subsection (1). A study conducted under this
subsection must measure the outcomes of the implementation of the
legislation described under subsection (1) by providing the
committee a 2-year analysis of the impact of the implementation on
the juvenile justice system.
(3) In addition to the report required under subsection (1),
the committee shall submit annual interim reports beginning not
later than January 15, 2020 to the legislature that include updates
on the planning steps completed toward implementation of
legislation that increases the age for criminal prosecution as an
adult in this state from 17 years of age to 18 years of age,
including any legislative, administrative, and funding
recommendations.
(4) The committee shall submit a final report to the
legislature and the governor on the implementation of legislation
that increases the age for criminal prosecution as an adult in this
state from 17 years of age to 18 years of age and its findings and
recommendations, including legislative, administrative, and funding
recommendations, not later than January 15, 2021. The committee
shall terminate on January 15, 2024 or upon the filing of its final
report, whichever occurs earlier.
(5) The committee may apply for, receive, and accept grants of
nonstate funds or other contributions as appropriate to assist in
the performance of its duties under this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
