April 14, 2015, Introduced by Senators PROOS and JONES and referred to the Committee on Judiciary.
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 human services if related to an investigation of
neglect and abuse, law enforcement personnel, prosecutor, and other
courts.
(b) 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.
(c) 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 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 requirement that the juvenile pay
actual court costs and must 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.
(c) The consent calendar case plan is not an order of the
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 placed 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), (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.
(c) The name and address of the juvenile's legal guardian, if
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.