Bill Text: MI HB4887 | 2021-2022 | 101st Legislature | Enrolled
Bill Title: Juveniles: crimes; transportation of juvenile who commits a crime with an adult; clarify. Amends sec. 16, ch. XIIA of 1939 PA 288 (MCL 712A.16).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2022-09-21 - Re-referred To Committee On Judiciary [HB4887 Detail]
Download: Michigan-2021-HB4887-Enrolled.html
state of michigan
101st Legislature
Regular session of 2022
Introduced by Reps. Mueller and Filler
ENROLLED HOUSE BILL No. 4887
AN ACT to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 16 of chapter XIIA (MCL 712A.16), as amended by 2019 PA 102.
The People of the State of Michigan enact:
CHAPTER XIIA
Sec. 16. (1) Except as provided in subsection (7), if a juvenile under the age of 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. 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 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 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 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. 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.
(7) If a juvenile under the age of 18 years is taken into custody or detained, the juvenile may be transported with an adult if all of the following apply:
(a) The juvenile is 16 years of age or older.
(b) The adult is 25 years of age or younger.
(c) The juvenile and adult are taken into custody at the same time.
(d) The juvenile and adult are taken into custody for the same offense or both occupied the same vehicle at the time the offense was committed.
(e) The juvenile is taken directly to the appropriate location and then is separated from the adult at the earliest available time in accordance with subsection (1).
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
