SENATE BILL No. 97

 

 

February 7, 2019, Introduced by Senators HERTEL, SANTANA, IRWIN, WOJNO, ALEXANDER, CHANG, HOLLIER, BULLOCK, MCMORROW and MOSS and referred to the Committee on Judiciary and Public Safety.

 

 

 

     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. 96.

 

 

 

     (b) Senate Bill No. 91.