Bill Text: MI HB4958 | 2015-2016 | 98th Legislature | Engrossed


Bill Title: Juveniles; criminal procedure; prejudication confinement of juveniles under 18 years of age in jail; preclude.

Spectrum: Moderate Partisan Bill (Democrat 20-5)

Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Judiciary [HB4958 Detail]

Download: Michigan-2015-HB4958-Engrossed.html

HB-4958, As Passed House, April 27, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4958

 

October 7, 2015, Introduced by Reps. Heise, Santana, Chang, Kosowski, Byrd, Robinson, Geiss, Banks, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Lucido, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Hovey-Wright, Plawecki, Moss, Love, Callton and Zemke and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 27a of chapter IV (MCL 764.27a), as amended by

 

1996 PA 254.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 27a. (1) A juvenile , other than a juvenile confined

 

under subsection (3), shall not be confined in a police station,

 

prison, jail, lock-up, or reformatory, or be transported with, or

 

compelled or permitted to associate or mingle with, criminal

 

persons while awaiting trial.

 

     (2) A juvenile, other than a juvenile confined under

 

subsection (3), whose habits or conduct are considered to be a

 

menace to other children, or who may not otherwise be safely

 

detained, may be ordered by a court to be placed in a jail or other


place of detention for adults, but in a room or ward out of sight

 

and sound from adults.

 

     (3) A juvenile or individual less than 17 years of age who is

 

under the jurisdiction of the circuit court or recorder's court of

 

the city of Detroit for committing a felony may be confined in the

 

county jail pending trial. An individual less than 17 years of age

 

who is under the jurisdiction of the probate court for committing a

 

felony may be held in the county jail pending trial if the case is

 

designated by the court under section 2d of chapter XIIA of Act No.

 

288 of the Public Acts of 1939, being section 712A.2d of the

 

Michigan Compiled Laws, as a case in which the individual is to be

 

tried in the same manner as an adult and the court has determined

 

that there is probable cause to believe that the felony was

 

committed and that there is probable cause to believe the

 

individual committed that felony. If a juvenile or individual less

 

than 17 years of age is confined in the county jail under this

 

subsection, the juvenile or individual less than 17 years of age

 

shall be held physically separate from adult prisoners. A juvenile

 

or individual less than 17 years of age shall not be confined in

 

the county jail under this subsection without the prior approval of

 

the county sheriff. As used in this subsection, "felony" means a

 

crime that is designated by law as a felony or that is punishable

 

by imprisonment for more than 1 year.

 

     (2) (4) The court, upon motion of a juvenile or individual

 

less than 17 18 years of age who is subject to confinement under

 

subsection (3) may, for good cause shown, order the juvenile or

 

individual less than 17 18 years of age to be confined as otherwise

 


House Bill No. 4958 as amended April 26, 2016

provided by law.

 

     (3) (5) If a person is convicted of a crime within this state

 

and has served time in a juvenile facility before sentencing

 

because of being denied or being unable to furnish bond for the

 

offense of which he or she is convicted, the trial court in

 

imposing sentence shall specifically grant credit against the

 

sentence for time served in a juvenile facility before sentencing.

 

     Enacting section 1. This amendatory act takes effect [October 1,

 

2018.        ]

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4959 (request no.

 

02552'15).

 

     (b) Senate Bill No.____ or House Bill No. 4957 (request no.

 

03219'15).

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