Bill Text: MI SB0176 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Criminal procedure; sentencing; sentencing juvenile to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends secs. 2d & 18, ch. XIIA of 1939 PA 288 (MCL 712A.2d & 712A.18). TIE BAR WITH: SB 0173'09, SB 0174'09, SB 0175'09

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-02-03 - Referred To Committee On Judiciary [SB0176 Detail]

Download: Michigan-2009-SB0176-Introduced.html

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SENATE BILL No. 176

 

January 29, 2009, Introduced by Senators SWITALSKI, BRATER, SCOTT, CLARK-COLEMAN, JACOBS, HUNTER, CLARKE and THOMAS and referred to the Committee on Judiciary.

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 2d and 18 of chapter XIIA (MCL 712A.2d and

 

712A.18), section 2d as amended by 1998 PA 478 and section 18 as

 

amended by 2004 PA 475.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     Sec. 2d. (1) In a petition or amended petition alleging that a

 

juvenile is within the court's jurisdiction under section 2(a)(1)

 

of this chapter for a specified juvenile violation, the prosecuting

 

attorney may designate the case as a case in which the juvenile is

 

to be tried in the same manner as an adult. An amended petition

 

making a designation under this subsection shall be filed only by

 

leave of the court.

 

     (2) In a petition alleging that a juvenile is within the

 

court's jurisdiction under section 2(a)(1) of this chapter for an

 

offense other than a specified juvenile violation, the prosecuting

 

attorney may request that the court designate the case as a case in

 

which the juvenile is to be tried in the same manner as an adult.

 

The court may designate the case following a hearing if it

 

determines that the best interests of the juvenile and the public

 

would be served by the juvenile being tried in the same manner as

 

an adult. In determining whether the best interests of the juvenile

 

and the public would be served, the court shall consider all of the

 

following factors, giving greater weight to the seriousness of the

 

alleged offense and the juvenile's prior delinquency record than to

 

the other factors:

 

     (a) The seriousness of the alleged offense in terms of

 

community protection, including, but not limited to, the existence

 

of any aggravating factors recognized by the sentencing guidelines,

 

the use of a firearm or other dangerous weapon, and the impact on

 

any victim.

 

     (b) The juvenile's culpability in committing the alleged

 

offense, including, but not limited to, the level of the juvenile's

 

participation in planning and carrying out the offense and the

 

existence of any aggravating or mitigating factors recognized by

 

the sentencing guidelines.

 

     (c) The juvenile's prior record of delinquency including, but

 

not limited to, any record of detention, any police record, any

 

school record, or any other evidence indicating prior delinquent

 

behavior.

 

     (d) The juvenile's programming history, including, but not

 

limited to, the juvenile's past willingness to participate

 

meaningfully in available programming.

 

     (e) The adequacy of the punishment or programming available in

 

the juvenile justice system.

 

     (f) The dispositional options available for the juvenile.

 

     (3) If a case is designated under this section, the case shall

 

be set for trial in the same manner as the trial of an adult in a

 

court of general criminal jurisdiction unless a probable cause

 

hearing is required under subsection (4).

 

     (4) If the petition in a case designated under this section

 

alleges an offense that if committed by an adult would be a felony

 

or punishable by imprisonment for more than 1 year, the court shall

 

conduct a probable cause hearing not later than 14 days after the

 

case is designated to determine whether there is probable cause to

 

believe the offense was committed and whether there is probable

 

cause to believe the juvenile committed the offense. This hearing

 

may be combined with the designation hearing under subsection (2)

 

for an offense other than a specified juvenile offense. A probable

 

cause hearing under this section is the equivalent of the

 

preliminary examination in a court of general criminal jurisdiction

 

and satisfies the requirement for that hearing. A probable cause

 

hearing shall be conducted by a judge other than the judge who will

 

try the case if the juvenile is tried in the same manner as an

 

adult.

 

     (5) If the court determines there is probable cause to believe

 

the offense alleged in the petition was committed and probable

 

cause to believe the juvenile committed the offense, the case shall

 

be set for trial in the same manner as the trial of an adult in a

 

court of general criminal jurisdiction.

 

     (6) If the court determines that an offense did not occur or

 

there is not probable cause to believe the juvenile committed the

 

offense, the court shall dismiss the petition. If the court

 

determines there is probable cause to believe another offense was

 

committed and there is probable cause to believe the juvenile

 

committed that offense, the court may further determine whether the

 

case should be designated as a case in which the juvenile should be

 

tried in the same manner as an adult as provided in subsection (2).

 

If the court designates the case, the case shall be set for trial

 

in the same manner as the trial of an adult in a court of general

 

criminal jurisdiction.

 

     (7) If a case is designated under this section, the

 

proceedings are criminal proceedings and shall afford all

 

procedural protections and guarantees to which the juvenile would

 

be entitled if being tried for the offense in a court of general

 

criminal jurisdiction. A plea of guilty or nolo contendere or a

 

verdict of guilty shall result in entry of a judgment of

 

conviction. The conviction shall have the same effect and

 

liabilities as if it had been obtained in a court of general

 

criminal jurisdiction.

 

     (8) Following a judgment of conviction, the court shall enter

 

a disposition or impose a sentence authorized under section

 

18(1)(n) 18(1)(m) of this chapter.

 

     (9) As used in this section, "specified juvenile violation"

 

means any of the following:

 

     (a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

 

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

 

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

 

750.349, 750.520b, 750.529, 750.529a, and 750.531.

 

     (b) A violation of section 84 or 110a(2) of the Michigan penal

 

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

 

armed with a dangerous weapon. As used in this subdivision,

 

"dangerous weapon" means 1 or more of the following:

 

     (i) A loaded or unloaded firearm, whether operable or

 

inoperable.

 

     (ii) A knife, stabbing instrument, brass knuckles, blackjack,

 

club, or other object specifically designed or customarily carried

 

or possessed for use as a weapon.

 

     (iii) An object that is likely to cause death or bodily injury

 

when used as a weapon and that is used as a weapon or carried or

 

possessed for use as a weapon.

 

     (iv) An object or device that is used or fashioned in a manner

 

to lead a person to believe the object or device is an object or

 

device described in subparagraphs (i) to (iii).

 

     (c) A violation of section 186a of the Michigan penal code,

 

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

 

from a juvenile facility, but only if the juvenile facility from

 

which the juvenile escaped or attempted to escape was 1 of the

 

following:

 

     (i) A high-security or medium-security facility operated by the

 

family independence agency department of human services or a county

 

juvenile agency.

 

     (ii) A high-security facility operated by a private agency

 

under contract with the family independence agency department of

 

human services or a county juvenile agency.

 

     (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

 

the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.

 

     (e) An attempt to commit a violation described in subdivisions

 

(a) to (d).

 

     (f) Conspiracy to commit a violation described in subdivisions

 

(a) to (d).

 

     (g) Solicitation to commit a violation described in

 

subdivisions (a) to (d).

 

     (h) Any lesser included offense of an offense described in

 

subdivisions (a) to (g) if the juvenile is alleged in the petition

 

to have committed an offense described in subdivisions (a) to (g).

 

     (i) Any other offense arising out of the same transaction as

 

an offense described in subdivisions (a) to (g) if the juvenile is

 

alleged in the petition to have committed an offense described in

 

subdivisions (a) to (g).

 

     Sec. 18. (1) If the court finds that a juvenile concerning

 

whom a petition is filed is not within this chapter, the court

 

shall enter an order dismissing the petition. Except as otherwise

 

provided in subsection (10), if the court finds that a juvenile is

 

within this chapter, the court may enter any of the following

 

orders of disposition that are appropriate for the welfare of the

 

juvenile and society in view of the facts proven and ascertained:

 

     (a) Warn the juvenile or the juvenile's parents, guardian, or

 

custodian and, except as provided in subsection (7), dismiss the

 

petition.

 

     (b) Place the juvenile on probation, or under supervision in

 

the juvenile's own home or in the home of an adult who is related

 

to the juvenile. As used in this subdivision, "related" means an

 

individual who is at least 18 years of age and related to the child

 

by blood, marriage, or adoption, as grandparent, great-grandparent,

 

great-great-grandparent, aunt or uncle, great-aunt or great-uncle,

 

great-great-aunt or great-great-uncle, sibling, stepsibling, nephew

 

or niece, first cousin or first cousin once removed, and the spouse

 

of any of the above, even after the marriage has ended by death or

 

divorce. A child may be placed with the parent of a man whom the

 

court has found probable cause to believe is the putative father if

 

there is no man with legally established rights to the child. This

 

placement of the child with the parent of a man whom the court has

 

found probable cause to believe is the putative father is for the

 

purposes of placement only and is not to be construed as a finding

 

of paternity or to confer legal standing. The court shall order the

 

terms and conditions of probation or supervision, including

 

reasonable rules for the conduct of the parents, guardian, or

 

custodian, if any, as the court determines necessary for the

 

physical, mental, or moral well-being and behavior of the juvenile.

 

The court may order that the juvenile participate in a juvenile

 

drug treatment court under chapter 10A of the revised judicature

 

act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. The court also

 

shall order, as a condition of probation or supervision, that the

 

juvenile shall pay the minimum state cost prescribed by section 18m

 

of this chapter.

 

     (c) If a juvenile is within the court's jurisdiction under

 

section 2(a) of this chapter, or under section 2(h) of this chapter

 

for a supplemental petition, place the juvenile in 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.

 

     (d) Except as otherwise provided in this subdivision, place

 

the juvenile in or commit the juvenile to a private institution or

 

agency approved or licensed by the department of consumer and

 

industry services for the care of juveniles of similar age, sex,

 

and characteristics. If the juvenile is not a ward of the court,

 

the court shall commit the juvenile to the family independence

 

agency department of human services or, if the county is a county

 

juvenile agency, to that county juvenile agency for placement in or

 

commitment to such an institution or agency as the family

 

independence agency department of human services or county juvenile

 

agency determines is most appropriate, subject to any initial level

 

of placement the court designates.

 

     (e) Except as otherwise provided in this subdivision, commit

 

the juvenile to a public institution, county facility, institution

 

operated as an agency of the court or county, or agency authorized

 

by law to receive juveniles of similar age, sex, and

 

characteristics. If the juvenile is not a ward of the court, the

 

court shall commit the juvenile to the family independence agency

 

department of human services or, if the county is a county juvenile

 

agency, to that county juvenile agency for placement in or

 

commitment to such an institution or facility as the family

 

independence agency department of human services or county juvenile

 

agency determines is most appropriate, subject to any initial level

 

of placement the court designates. If a child is not less than 17

 

years of age and is in violation of a personal protection order,

 

the court may commit the child to a county jail within the adult

 

prisoner population. In a placement under subdivision (d) or a

 

commitment under this subdivision, except to a state institution or

 

a county juvenile agency institution, the juvenile's religious

 

affiliation shall be protected by placement or commitment to a

 

private child-placing or child-caring agency or institution, if

 

available. Except for commitment to the family independence agency

 

department of human services or a county juvenile agency, an order

 

of commitment under this subdivision to a state institution or

 

agency described in the youth rehabilitation services act, 1974 PA

 

150, MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to

 

400.214, the court shall name the superintendent of the institution

 

to which the juvenile is committed as a special guardian to receive

 

benefits due the juvenile from the government of the United States.

 

An order of commitment under this subdivision to the family

 

independence agency department of human services or a county

 

juvenile agency shall name that agency as a special guardian to

 

receive those benefits. The benefits received by the special

 

guardian shall be used to the extent necessary to pay for the

 

portions of the cost of care in the institution or facility that

 

the parent or parents are found unable to pay.

 

     (f) Provide the juvenile with medical, dental, surgical, or

 

other health care, in a local hospital if available, or elsewhere,

 

maintaining as much as possible a local physician-patient

 

relationship, and with clothing and other incidental items the

 

court determines are necessary.

 

     (g) Order the parents, guardian, custodian, or any other

 

person to refrain from continuing conduct that the court determines

 

has caused or tended to cause the juvenile to come within or to

 

remain under this chapter or that obstructs placement or commitment

 

of the juvenile by an order under this section.

 

     (h) Appoint a guardian under section 5204 of the estates and

 

protected individuals code, 1998 PA 386, MCL 700.5204, in response

 

to a petition filed with the court by a person interested in the

 

juvenile's welfare. If the court appoints a guardian as authorized

 

by this subdivision, it may dismiss the petition under this

 

chapter.

 

     (i) Order the juvenile to engage in community service.

 

     (j) If the court finds that a juvenile has violated a

 

municipal ordinance or a state or federal law, order the juvenile

 

to pay a civil fine in the amount of the civil or penal fine

 

provided by the ordinance or law. Money collected from fines levied

 

under this subsection shall be distributed as provided in section

 

29 of this chapter.

 

     (k) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, order the juvenile's parent or

 

guardian to personally participate in treatment reasonably

 

available in the parent's or guardian's location.

 

     (l) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, place the juvenile in and order

 

the juvenile to complete satisfactorily a program of training in a

 

juvenile boot camp established by the family independence agency

 

department of human services under the juvenile boot camp act, 1996

 

PA 263, MCL 400.1301 to 400.1309, as provided in that act. If the

 

county is a county juvenile agency, however, the court shall commit

 

the juvenile to that county juvenile agency for placement in the

 

program under that act. Upon receiving a report of satisfactory

 

completion of the program from the family independence agency

 

department of human services, the court shall authorize the

 

juvenile's release from placement in the juvenile boot camp.

 

Following satisfactory completion of the juvenile boot camp

 

program, the juvenile shall complete an additional period of not

 

less than 120 days or more than 180 days of intensive supervised

 

community reintegration in the juvenile's local community. To place

 

or commit a juvenile under this subdivision, the court shall

 

determine all of the following:

 

     (i) Placement in a juvenile boot camp will benefit the

 

juvenile.

 

     (ii) The juvenile is physically able to participate in the

 

program.

 

     (iii) The juvenile does not appear to have any mental handicap

 

that would prevent participation in the program.

 

     (iv) The juvenile will not be a danger to other juveniles in

 

the boot camp.

 

     (v) There is an opening in a juvenile boot camp program.

 

     (vi) If the court must commit the juvenile to a county juvenile

 

agency, the county juvenile agency is able to place the juvenile in

 

a juvenile boot camp program.

 

     (m) If the court entered a judgment of conviction under

 

section 2d of this chapter, enter any disposition under this

 

section or, if the court determines that the best interests of the

 

public would be served, impose any sentence upon the juvenile that

 

could be imposed upon an adult convicted of the offense for which

 

the juvenile was convicted, other than imprisonment for life

 

without parole eligibility. If the juvenile is convicted of a

 

violation or conspiracy to commit a violation of section

 

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403,

 

the court may impose the alternative sentence permitted under that

 

section if the court determines that the best interests of the

 

public would be served. The court may delay imposing a sentence of

 

imprisonment under this subdivision for a period not longer than

 

the period during which the court has jurisdiction over the

 

juvenile under this chapter by entering an order of disposition

 

delaying imposition of sentence and placing the juvenile on

 

probation upon the terms and conditions it considers appropriate,

 

including any disposition under this section. If the court delays

 

imposing sentence under this section, section 18i of this chapter

 

applies. If the court imposes sentence, it shall enter a judgment

 

of sentence. If the court imposes a sentence of imprisonment, the

 

juvenile shall receive credit against the sentence for time served

 

before sentencing. In determining whether to enter an order of

 

disposition or impose a sentence under this subdivision, the court

 

shall consider all of the following factors, giving greater weight

 

to the seriousness of the offense and the juvenile's prior record:

 

     (i) The seriousness of the offense in terms of community

 

protection, including, but not limited to, the existence of any

 

aggravating factors recognized by the sentencing guidelines, the

 

use of a firearm or other dangerous weapon, and the impact on any

 

victim.

 

     (ii) The juvenile's culpability in committing the offense,

 

including, but not limited to, the level of the juvenile's

 

participation in planning and carrying out the offense and the

 

existence of any aggravating or mitigating factors recognized by

 

the sentencing guidelines.

 

     (iii) The juvenile's prior record of delinquency including, but

 

not limited to, any record of detention, any police record, any

 

school record, or any other evidence indicating prior delinquent

 

behavior.

 

     (iv) The juvenile's programming history, including, but not

 

limited to, the juvenile's past willingness to participate

 

meaningfully in available programming.

 

     (v) The adequacy of the punishment or programming available in

 

the juvenile justice system.

 

     (vi) The dispositional options available for the juvenile.

 

     (2) An order of disposition placing a juvenile in or

 

committing a juvenile to care outside of the juvenile's own home

 

and under state, county juvenile agency, or court supervision shall

 

contain a provision for reimbursement by the juvenile, parent,

 

guardian, or custodian to the court for the cost of care or

 

service. The order shall be reasonable, taking into account both

 

the income and resources of the juvenile, parent, guardian, or

 

custodian. The amount may be based upon the guidelines and model

 

schedule created under subsection (6). If the juvenile is receiving

 

an adoption support subsidy under sections 115f to 115m of the

 

social welfare act, 1939 PA 280, MCL 400.115f to 400.115m, the

 

amount shall not exceed the amount of the support subsidy. The

 

reimbursement provision applies during the entire period the

 

juvenile remains in care outside of the juvenile's own home and

 

under state, county juvenile agency, or court supervision, unless

 

the juvenile is in the permanent custody of the court. The court

 

shall provide for the collection of all amounts ordered to be

 

reimbursed and the money collected shall be accounted for and

 

reported to the county board of commissioners. Collections to cover

 

delinquent accounts or to pay the balance due on reimbursement

 

orders may be made after a juvenile is released or discharged from

 

care outside the juvenile's own home and under state, county

 

juvenile agency, or court supervision. Twenty-five percent of all

 

amounts collected under an order entered under this subsection

 

shall be credited to the appropriate fund of the county to offset

 

the administrative cost of collections. The balance of all amounts

 

collected under an order entered under this subsection shall be

 

divided in the same ratio in which the county, state, and federal

 

government participate in the cost of care outside the juvenile's

 

own home and under state, county juvenile agency, or court

 

supervision. The court may also collect from the government of the

 

United States benefits paid for the cost of care of a court ward.

 

Money collected for juveniles placed by the court with or committed

 

to the family independence agency department of human services or a

 

county juvenile agency shall be accounted for and reported on an

 

individual juvenile basis. In cases of delinquent accounts, the

 

court may also enter an order to intercept state or federal tax

 

refunds of a juvenile, parent, guardian, or custodian and initiate

 

the necessary offset proceedings in order to recover the cost of

 

care or service. The court shall send to the person who is the

 

subject of the intercept order advance written notice of the

 

proposed offset. The notice shall include notice of the opportunity

 

to contest the offset on the grounds that the intercept is not

 

proper because of a mistake of fact concerning the amount of the

 

delinquency or the identity of the person subject to the order. The

 

court shall provide for the prompt reimbursement of an amount

 

withheld in error or an amount found to exceed the delinquent

 

amount.

 

     (3) An order of disposition placing a juvenile in the

 

juvenile's own home under subsection (1)(b) may contain a provision

 

for reimbursement by the juvenile, parent, guardian, or custodian

 

to the court for the cost of service. If an order is entered under

 

this subsection, an amount due shall be determined and treated in

 

the same manner provided for an order entered under subsection (2).

 

     (4) An order directed to a parent or a person other than the

 

juvenile is not effective and binding on the parent or other person

 

unless opportunity for hearing is given by issuance of summons or

 

notice as provided in sections 12 and 13 of this chapter and until

 

a copy of the order, bearing the seal of the court, is served on

 

the parent or other person as provided in section 13 of this

 

chapter.

 

     (5) If the court appoints an attorney to represent a juvenile,

 

parent, guardian, or custodian, the court may require in an order

 

entered under this section that the juvenile, parent, guardian, or

 

custodian reimburse the court for attorney fees.

 

     (6) The office of the state court administrator, under the

 

supervision and direction of the supreme court, shall create

 

guidelines that the court may use in determining the ability of the

 

juvenile, parent, guardian, or custodian to pay for care and any

 

costs of service ordered under subsection (2) or (3). The

 

guidelines shall take into account both the income and resources of

 

the juvenile, parent, guardian, or custodian.

 

     (7) If the court finds that a juvenile comes under section 30

 

of this chapter, the court shall order the juvenile or the

 

juvenile's parent to pay restitution as provided in sections 30 and

 

31 of this chapter and in sections 44 and 45 of the William Van

 

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.794 and

 

780.795.

 

     (8) If the court imposes restitution as a condition of

 

probation, the court shall require the juvenile to do either of the

 

following as an additional condition of probation:

 

     (a) Engage in community service or, with the victim's consent,

 

perform services for the victim.

 

     (b) Seek and maintain paid employment and pay restitution to

 

the victim from the earnings of that employment.

 

     (9) If the court finds that the juvenile is in intentional

 

default of the payment of restitution, a court may, as provided in

 

section 31 of this chapter, revoke or alter the terms and

 

conditions of probation for nonpayment of restitution. If a

 

juvenile who is ordered to engage in community service

 

intentionally refuses to perform the required community service,

 

the court may revoke or alter the terms and conditions of

 

probation.

 

     (10) The court shall not enter an order of disposition for a

 

juvenile offense as defined in section 1a of 1925 PA 289, MCL

 

28.241a, or a judgment of sentence for a conviction until the court

 

has examined the court file and has determined that the juvenile's

 

fingerprints have been taken and forwarded as required by section 3

 

of 1925 PA 289, MCL 28.243, and as required by the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.732 28.736. 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

 

juvenile's arrest so the juvenile's fingerprints can be taken and

 

forwarded.

 

     (b) Order the juvenile committed to the sheriff's custody for

 

taking and forwarding the juvenile's fingerprints.

 

     (11) Upon final disposition, conviction, acquittal, or

 

dismissal of an offense within the court's jurisdiction under

 

section 2(a)(1) of this chapter, using forms approved by the state

 

court administrator, the clerk of the court entering the final

 

disposition, conviction, acquittal, or dismissal shall immediately

 

advise the department of state police of that final disposition,

 

conviction, acquittal, or dismissal as required by section 3 of

 

1925 PA 289, MCL 28.243. The report to the department of state

 

police shall include information as to the finding of the judge or

 

jury and a summary of the disposition or sentence imposed.

 

     (12) If the court enters an order of disposition based on an

 

act that is a juvenile offense as defined in section 1 of 1989 PA

 

196, MCL 780.901, the court shall order the juvenile to pay the

 

assessment as provided in that act. If the court enters a judgment

 

of conviction under section 2d of this chapter for an offense that

 

is a felony, serious misdemeanor, or specified misdemeanor as

 

defined in section 1 of 1989 PA 196, MCL 780.901, the court shall

 

order the juvenile to pay the assessment as provided in that act.

 

     (13) If the court has entered an order of disposition or a

 

judgment of conviction for a listed offense as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722, the

 

court, the family independence agency department of human services,

 

or the county juvenile agency shall register the juvenile or accept

 

the juvenile's registration as provided in the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.732 28.736.

 

     (14) If the court enters an order of disposition placing a

 

juvenile in a juvenile boot camp program, or committing a juvenile

 

to a county juvenile agency for placement in a juvenile boot camp

 

program, and the court receives from the family independence agency

 

department of human services a report that the juvenile has failed

 

to perform satisfactorily in the program, that the juvenile does

 

not meet the program's requirements or is medically unable to

 

participate in the program for more than 25 days, that there is no

 

opening in a juvenile boot camp program, or that the county

 

juvenile agency is unable to place the juvenile in a juvenile boot

 

camp program, the court shall release the juvenile from placement

 

or commitment and enter an alternative order of disposition. A

 

juvenile shall not be placed in a juvenile boot camp under an order

 

of disposition more than once, except that a juvenile returned to

 

the court for a medical condition, because there was no opening in

 

a juvenile boot camp program, or because the county juvenile agency

 

was unable to place the juvenile in a juvenile boot camp program

 

may be placed again in the juvenile boot camp program after the

 

medical condition is corrected, an opening becomes available, or

 

the county juvenile agency is able to place the juvenile.

 

     (15) If the juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter for an offense other than a listed

 

offense as defined in section 2(e)(i) to (ix) (x) and (xi) (xii) to

 

(xiii) (xiv) of the sex offenders registration act, 1994 PA 295, MCL

 

28.722, the court shall determine if the offense is a violation of

 

a law of this state or a local ordinance of a municipality of this

 

state that by its nature constitutes a sexual offense against an

 

individual who is less than 18 years of age. If so, the order of

 

disposition is for a listed offense as defined in section 2(e)(x)

 

2(e)(xi) of the sex offenders registration act, 1994 PA 295, MCL

 

28.722, and the court shall include the basis for that

 

determination on the record and include the determination in the

 

order of disposition.

 

     (16) The court shall not impose a sentence of imprisonment in

 

the county jail under subsection (1)(m) unless the present county

 

jail facility for the juvenile's imprisonment would meet all

 

requirements under federal law and regulations for housing

 

juveniles. The court shall not impose the sentence until it

 

consults with the sheriff to determine when the sentence will begin

 

to ensure that space will be available for the juvenile.

 

     (17) In a proceeding under section 2(h) of this chapter, this

 

section only applies to a disposition for a violation of a personal

 

protection order and subsequent proceedings.

 

     (18) If a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter, the court shall order the juvenile

 

to pay costs as provided in section 18m of this chapter.

 

     (19) A juvenile who has been ordered to pay the minimum state

 

cost as provided in section 18m of this chapter as a condition of

 

probation or supervision and who is not in willful default of the

 

payment of the minimum state cost may petition the court at any

 

time for a remission of the payment of any unpaid portion of the

 

minimum state cost. If the court determines that payment of the

 

amount due will impose a manifest hardship on the juvenile or his

 

or her immediate family, the court may remit all or part of the

 

amount of the minimum state cost due or modify the method of

 

payment.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 173.                                   

 

         

 

     (b) Senate Bill No. 174.                                   

 

           

 

     (c) Senate Bill No. 175.