SB-0251, As Passed Senate, June 9, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 251

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 11 of chapter XIIA (MCL 712A.11), as amended by

1996 PA 409, and by adding section 2f to chapter XIIA.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER XIIA

Sec. 2f. (1) If the court determines that formal jurisdiction

should not be acquired over a juvenile, the court may proceed in an

informal manner referred to as a consent calendar.

(2) A case shall not be placed on the consent calendar unless

the juvenile and the parent, guardian, or legal custodian and the

prosecutor agree to have the case placed on the consent calendar.

(3) The court may transfer a case from the formal calendar to

the consent calendar at any time before disposition. A case

involving the alleged commission of an offense as that term is

defined in section 31 of the William Van Regenmorter crime victim's

rights act, 1985 PA 87, MCL 780.781, shall only be placed on the

consent calendar upon compliance with the procedures set forth in

section 36b of the William Van Regenmorter crime victim's rights

act, 1985 PA 87, MCL 780.786b.

(4) After a case is placed on the consent calendar, the

prosecutor shall provide the victim with notice as required by

article 2 of the William Van Regenmorter crime victim's rights act,

1985 PA 87, MCL 780.781 to 780.802.

(5) Consent calendar cases must be maintained in the following

nonpublic manner:

(a) Access to consent calendar case records shall be provided

to the juvenile, the juvenile's parents, guardian, or legal

custodian, the guardian ad litem, counsel for the juvenile, the

department of health and human services if related to an

investigation of neglect and abuse, law enforcement personnel,

prosecutor, and other courts. However, consent calendar case

records shall not be disclosed to federal agencies or military

recruiters. For purposes of this subsection, "case records"

includes the pleadings, motions, authorized petitions, notices,

memoranda, briefs, exhibits, available transcripts, findings of the

court, register of actions, consent calendar case plan, and court

orders related to the case placed on the consent calendar.

(b) The contents of the confidential file, as defined in MCR

3.903, shall continue to be maintained confidentially.

(6) The court shall conduct a consent calendar conference with

the juvenile, the juvenile's attorney, if any, and the juvenile's

parent, guardian, or legal custodian to discuss the allegations.

The prosecuting attorney and victim may be, but are not required to

be, present.

(7) If it appears to the court that the juvenile has engaged

in conduct that would subject the juvenile to the jurisdiction of

the court, the court shall issue a written consent calendar case

plan. All of the following apply to a consent calendar case plan:

(a) The plan may include a provision requiring the juvenile,

parent, guardian, or legal custodian to reimburse the court for the

cost of the consent calendar services for the juvenile. The

reimbursement amount shall be reasonable, taking into account the

juvenile's income and resources. The plan shall also include a

requirement that the juvenile pay restitution under the William Van

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

780.834.

(b) A consent calendar case plan shall not contain a provision

removing the juvenile from the custody of the juvenile's parent,

guardian, or legal custodian.

court, but shall be included as a part of the case record.

(d) Violation of the terms of the consent calendar case plan

may result in the court's returning the case to the formal calendar

for further proceedings consistent with subsection (10).

(8) The court shall not enter an order of disposition in a

case while it is on the consent calendar.

(9) Upon successful completion by the juvenile of the consent

calendar case plan, the court shall close the case and shall

destroy all records of the proceeding in accordance with the

records management policies and procedures of the state court

administrative office, established in accordance with supreme court

rules.

(10) If it appears to the court at any time that proceeding on

the consent calendar is not in the best interest of either the

juvenile or the public, the court shall proceed as follows:

(a) If the court did not authorize the original petition, the

court may, without hearing, transfer the case from the consent

calendar to the formal calendar on the charges contained in the

original petition to determine whether the petition should be

authorized.

(b) If the court authorized the original petition, the court

may transfer the case from the consent calendar to the formal

calendar on the charges contained in the original petition only

after a hearing. After transfer to the formal calendar, the court

shall proceed with the case from where it left off before being

placed on the consent calendar.

(11) Statements made by the juvenile during the proceeding on

the consent calendar shall not be used against the juvenile at a

trial on the formal calendar on the same charge.

(12) Upon a judicial determination that the juvenile has

completed the terms of the consent calendar case plan, the court

shall report the successful completion of the consent calendar to

the juvenile and the department of state police. The department of

state police shall maintain a nonpublic record of the case. This

record shall be open to the courts of this state, another state, or

the United States, the department of corrections, law enforcement

personnel, and prosecutors only for use in the performance of their

duties or to determine whether an employee of the court,

department, law enforcement agency, or prosecutor's office has

violated his or her conditions of employment or whether an

applicant meets criteria for employment with the court, department,

law enforcement agency, or prosecutor's office.

Sec. 11. (1) Except as provided in subsection (2), if a person

gives information to the court that a juvenile is within section

2(a)(2) to ~~(6),~~ (4), (b), (c), or (d) of this chapter, a

preliminary inquiry may be made to determine whether the interests

of the public or the juvenile require that further action be taken.

If the court determines that formal jurisdiction should be

acquired, the court shall authorize a petition to be filed.

However, the court may proceed on the consent calendar under

section 2f of this chapter if at any time before disposition the

court determines that a case should not proceed on the formal

calendar but that the protective and supportive action by the court

will serve the best interests of the juvenile and the public.

(2) Only the prosecuting attorney may file a petition

requesting the court to take jurisdiction of a juvenile allegedly

within section 2(a)(1) of this chapter. If the prosecuting attorney

submits a petition requesting the court to take jurisdiction of a

juvenile allegedly within section 2(a)(1) of this chapter and the

court determines that formal jurisdiction should be acquired, the

court shall authorize a petition to be filed.

(3) The petition described in subsections (1) and (2) shall be

verified and may be upon information and belief. The petition shall

set forth plainly the facts that bring the juvenile within this

chapter and shall contain all of the following information:

(a) The juvenile's name, birth date, and address.

(b) The name and address of the juvenile's parents.

there is one.

(d) The name and address of each person having custody or

control of the juvenile.

(e) The name and address of the juvenile's nearest known

relative, if no parent or guardian can be found.

(4) If any of the facts required under subsection (3) are not

known to the petitioner, the petition shall state that the facts

are not known. If the juvenile attains his or her seventeenth

birthday after the filing of the petition, the court's jurisdiction

shall continue beyond the juvenile's seventeenth birthday and the

court may hear and dispose of the petition under this chapter.

(5) When a petition is authorized, the court shall examine the

court file to determine if a juvenile has had fingerprints taken as

required under section 3 of ~~Act No. 289 of the Public Acts of 1925,~~

~~being section 28.243 of the Michigan Compiled Laws.~~ 1925 PA 289,

MCL 28.243. If 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 arrest

of the juvenile so the juvenile's fingerprints can be taken.

(b) Order the juvenile committed to the custody of the sheriff

for the taking of the juvenile's fingerprints.

(6) A petition or other court record may be amended at any

stage of the proceedings as the ends of justice require.

(7) If the juvenile diversion act, ~~Act No. 13 of the Public~~

~~Acts of 1988, being sections 722.821 to 722.831 of the Michigan~~

~~Compiled Laws,~~ 1988 PA 13, MCL 722.821 to 722.831, is complied with

and the court determines that court services can be used in the

prevention of delinquency without formal jurisdiction, the court

may offer court services to a juvenile without a petition being

authorized as provided in section 2(e) of this chapter.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.