SENATE BILL No. 251

 

 

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.