CONSENT CALENDAR FOR JUVENILES S.B. 251 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 251 (Substitute S-1 as reported)
CONTENT
The bill would amend the juvenile code to do the following:
-- Allow the family division of circuit court (family court) to proceed informally on a consent calendar, if it determined that a juvenile should not be under the court's formal jurisdiction.
-- Allow cases involving certain violations that would be criminal offenses if committed by an adult to be placed on the consent calendar only upon compliance with procedural requirements of the Crime Victim's Rights Act.
-- Require consent calendar cases to be maintained in a nonpublic manner, and restrict access to case records.
-- Prohibit consent calendar case records from being disclosed to Federal agencies or military recruiters.
-- Require the court to conduct a consent calendar conference and issue a consent calendar case plan.
-- Allow a consent calendar case plan to require the juvenile, parent, guardian, or legal custodian to reimburse the court for the cost of consent calendar services.
-- Require a case plan to include a requirement that the juvenile pay restitution under the Crime Victim's Rights Act.
-- Require the court to transfer a case from the consent calendar to the formal calendar, if it appeared that proceeding on the consent calendar was not in the best interest of either the juvenile or the public.
-- Prohibit a juvenile's statements made in a consent calendar case from being used against him or her on the same charge at a trial on the formal calendar.
-- Require the court to close the case and destroy records of the proceedings upon a juvenile's successful completion of a consent calendar case plan.
-- Require the court to notify the Department of State Police of a juvenile's successful completion of a consent calendar case plan; and require the State Police to maintain a nonpublic record of the case, and allow limited access to that record.
-- Allow the court to proceed on the consent calendar in a matter other than a violation that would be a crime if committed by an adult, if it determined that the juvenile and the public would be served by the court's protective and supportive action.
This bill would take effect 90 days after its enactment.
MCL 712A.11 et al. Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 4-29-15 Fiscal Analyst: Bruce Baker
John Maxwell
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.