Bill Text: MI SB0419 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Juveniles: criminal procedure; use of screening tool for minors eligible for a certain diversion option; require. Amends secs. 2, 3, 6 & 9 of 1988 PA 13 (MCL 722.822 et seq.). TIE BAR WITH: SB 0418'23
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-11 - Reassigned To Committee On Civil Rights, Judiciary, And Public Safety [SB0419 Detail]
Download: Michigan-2023-SB0419-Introduced.html
SENATE BILL NO. 419
A bill to amend 1988 PA 13, entitled
"Juvenile diversion act,"
by amending sections 2, 3, 6, and 9 (MCL 722.822, 722.823, 722.826, and 722.829), section 2 as amended by 2019 PA 101 and section 6 as amended by 1996 PA 137.
the people of the state of michigan enact:
(a) "Assaultive crime" means an offense that, if committed by an adult, would constitute an offense against a person described in section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328, MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, and 750.530.
(a) (b) "Court" means the family division of circuit court.
(b) (c) "Divert" or "diversion" means the placement that occurs when a formally recorded apprehension is made by a law enforcement agency makes a formally recorded investigation or apprehension for an act by a minor that if a petition were filed with the court would bring that minor within section 2(a) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, and instead of petitioning the court or authorizing a petition, either of the following occurs:
(i) The minor is released into the custody of his or her the minor's parent, guardian, or custodian and the investigation is discontinued.
(ii) The minor and the minor's parent, guardian, or custodian agree to work with a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation.
(c) (d) "Law enforcement agency" means a police department of a city, village, or township, a sheriff's department, the department of state police, or any other governmental law enforcement agency in this state.
(d) (e) "Minor" means an individual less than 18 years of age.
(e) "Specified juvenile violation" means that term as defined in section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
Sec. 3. (1) If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following:
(a) Release the minor into the custody of his or her the minor's parent, guardian, or custodian and discontinue the investigation.
(b) Divert Subject to subsections (4) and (5), divert the matter by making an agreement pursuant to under section 5 with the minor and the minor's parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation.
(c) File a petition with the court or authorize a petition that has been filed.
(2) A minor may be diverted only as provided in subsection (1)(a) or (b) and subsection (3).
(3) A minor accused or charged with an assaultive offense shall a specified juvenile violation must not be diverted.
(4) Except as otherwise provided in this subsection, before a diversion decision is made for a minor, a risk screening tool and a mental health screening tool must be conducted on the minor. A risk screening tool and a mental health screening tool must not be conducted on a minor who meets any of the following criteria:
(a) Is accused or charged with a specified juvenile violation.
(b) Is currently under supervision in the juvenile justice system by the court or the department of health and human services.
(5) A minor must not be diverted under subsection (1)(b) unless both of the following requirements are met:
(a) The law enforcement official or court intake worker receives the results of a risk screening tool and a mental health screening tool for the minor conducted by a designated court officer who is trained in those screening tools.
(b) The law enforcement official or court intake worker uses the results of the risk screening tool and the mental health screening tool, and the best interests of public safety and the minor, to inform the decision to divert the minor.
(6) A risk screening tool and a mental health screening tool described in subsections (4) and (5) must meet both of the following requirements:
(a) Is research based and nationally validated for use with minors.
(b) Complies with the guidelines created under subsection (7).
(7) The supreme court shall create guidelines on the use of risk screening tools and mental health screening tools described in subsections (4) and (5).
Sec. 6. (1) When a decision is made to divert a minor, the law enforcement official or court intake worker shall file with the court in the county in which the minor resides or is found all of the following information:
(a) The minor's name, address, and date of birth.
(b) The act or offense for which the minor was apprehended.
(c) The date and place of the act or offense for which the minor was apprehended.
(d) The diversion decision made, whether referred or released.
(e) The nature of the minor's compliance with the diversion agreement.
(f) If the diversion is under section 3(1)(b), the results of the minor's risk screening tool and mental health screening tool.
(2) If a diversion agreement is revoked pursuant to under section 5(5), the law enforcement official or court intake worker shall file the fact of and reasons for the revocation with the court in which the information described in subsection (1) is filed. the fact of and reasons for the revocation.
Sec. 9. (1) A record kept under this act shall must not be used by any person, including a court official or law enforcement official, for any purpose except in making a decision on whether to divert a minor.
(2) A person who violates this section subsection (1) is guilty of a misdemeanor , punishable by imprisonment for not more than 180 days , or a fine of not more than $1,000.00, or both.
(3) A risk screening tool and a mental health screening tool conducted as part of a proceeding under this act and any information obtained from a minor in the course of those screenings or provided by the minor in order to participate in a diversion program, including, but not limited to, any admission, confession, or incriminating evidence, are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 418 of the 102nd Legislature is enacted into law.
