Bill Text: MI HB4766 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Courts; other; teen court; authorize. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by amending div. heading & adding ch. 12A.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-07-15 - Printed Bill Filed 07/15/2015 [HB4766 Detail]
Download: Michigan-2015-HB4766-Introduced.html
HOUSE BILL No. 4766
July 14, 2015, Introduced by Rep. LaFontaine and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by amending the jury commissioners
division heading and by adding chapter 12A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
JURY COMMISSIONERS
CHAPTER 12A
TEEN COURT
Sec. 1242. (1) The circuit court in any judicial circuit or
the district court in any judicial district may adopt or institute
a teen court by court rule if the circuit or district court enters
into a memorandum of understanding with each participating
prosecuting attorney in the circuit or district court, a
representative of the criminal defense bar, and 1 or more
representatives of a community organization that provides services
to minors under the age of 18. The memorandum of understanding may
include other parties the court considers necessary.
(2) A memorandum of understanding under this chapter shall
describe the role of each party described in subsection (1) that is
a party to the memorandum of understanding and the conditions under
which the memorandum of understanding is required to be renewed or
amended.
(3) A court that has adopted a teen court under this chapter
may accept participants from any jurisdiction in this state based
upon either of the following factors:
(a) The residence of the participant in receiving
jurisdiction.
(b) The unavailability of a teen court in the jurisdiction
where the participant is charged.
(4) A participant may be transferred to a jurisdiction with a
teen court at any time during the proceedings. The receiving
supervising court has jurisdiction to impose disposition,
including, but not limited to, sanctions, incentives, or
incarceration. A transfer under this subsection is not valid unless
it is agreed to by all of the following:
(a) The defendant and a parent or guardian of the defendant.
(b) The attorney representing the defendant, if any.
(c) The judge of the transferring court and the prosecutor of
the case.
(d) The judge of the receiving supervising court and the
prosecutor of a court funding unit of the supervising court.
Sec. 1243. (1) A supervising court shall determine whether an
individual may be admitted to the teen court. No individual has a
right to be admitted into a teen court. An individual may be
admitted to teen court if he or she meets all of the following
criteria:
(a) Is between the ages of 13 and 17.
(b) Is charged with a misdemeanor.
(c) Has pled guilty or admitted responsibility to the charge.
(d) Has consented to be placed in the teen court.
(e) Except as provided in subsection (2), has never pled
guilty to or admitted responsibility to another charge or had
another charge discharged or dismissed under any statute.
(2) An individual who is eligible for admission under this
section may also be admitted to a teen court if criminal
proceedings against the individual have been deferred under section
7411 of the public health code, 1978 PA 368, MCL 333.7411, or a
local ordinance or another law of this state, another state, or the
United States that is substantially similar to that section, and
the individual has been placed on probation.
(3) To be eligible for admission to a teen court, an
individual shall cooperate with and complete a preadmissions
screening and evaluation assessment and shall agree to cooperate
with any future evaluation assessment as directed by teen court. A
preadmission screening and evaluation assessment shall include all
of the following:
(a) A complete review of the individual's criminal history and
whether the individual has been admitted to, has participated in,
or is currently participating in teen court or other specialty
court, whether admitted under this section or a law described in
subsection (2), and the results of the individual's participation.
A review of the L.E.I.N. satisfies the requirements of this
subdivision unless a further review is warranted. The court may
accept other verifiable and reliable information from the
prosecution or defense to complete its review and may require the
individual to submit a statement as to whether or not he or she has
previously been admitted to teen court or other specialty court.
(b) An assessment of the risk of danger or harm to the
individual, others, or the community.
(c) A review of any special needs or circumstances of the
individual that may potentially affect the individual's ability to
follow the court's orders.
(4) Except as otherwise permitted in this chapter, any
statement or other information obtained as a result of an
individual's participation in a preadmission screening and
evaluation assessment under subsection (3) is closed to public
inspection.
(5) The court may request that the department of state police
provide to the court information contained in the L.E.I.N.
pertaining to an individual applicant's admission into teen court
and general criminal history review, including whether the
individual has previously been admitted to and participated in teen
court or other specialty court under this act or under a law listed
under subsection (2). The department of state police shall provide
the information required by teen court under this subsection.
Sec. 1244. (1) Before an individual is admitted into teen
court under this chapter, the supervising court shall find on the
record and place a statement in the court file establishing all of
the following:
(a) That there is an agreement between the individual, the
individual's parent or guardian, and the prosecuting attorney
consenting to the individual's admission into the program.
(b) That the individual has pled guilty to or accepted
responsibility for the crime for which the individual has been
charged on the record for which the maximum punishment was
imprisonment for not more than 1 year.
(c) That the individual and his or her parents understand the
consequences of participating in teen court and agree to comply
with all court orders and requirements of teen court.
(d) That, based upon the screening and assessment and any
other information presented to the court, the individual is not an
unwarranted or substantial risk to the safety of the public or any
individual.
(e) That the individual has completed a preadmission screening
and evaluation assessment under section 1243 and has agreed to
cooperate with any future evaluation assessment as directed by teen
court.
(f) The outcome for the participant of teen court upon
successful completion by the teen court participant or termination
of participation.
(2) An individual shall not be admitted to, or remain in, teen
court under an agreement that would permit the discharge or
dismissal of a traffic offense.
(3) In addition to rights accorded a victim under the William
Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834, teen court shall allow any victim of the offense with
which the individual is charged and members of the community where
the offense was committed or where the defendant resides to submit
a written statement to the court regarding the advisability of
admitting the individual into teen court.
(4) An individual who has pled guilty or accepted
responsibility as part of his or her application to teen court and
who is not admitted to teen court shall be permitted to withdraw
his or her plea or acceptance of responsibility.
Sec. 1245. (1) Both of the following conditions apply to an
individual admitted to teen court:
(a) For an individual who is admitted to teen court based upon
having a criminal charge currently filed against the individual,
the supervising court shall accept the individual's plea of guilty.
(b) Under the agreement with the individual and the
prosecutor, the supervising court may delay or defer further
proceedings as provided in section 1 of chapter XI of the code of
criminal procedure, 1927 PA 175, MCL 771.1, or proceed to
disposition, as applicable, and place the individual on probation
or other court supervision in teen court with terms and conditions
according to the agreement and as considered necessary by the
supervising court.
(2) The supervising court shall maintain jurisdiction over the
teen court participant as provided in this chapter until the final
disposition of the case.
(3) Teen court may require an individual admitted to teen
court to pay a teen court fee of not more than $15.00 for
administering supervising court program as provided in the
memorandum of understanding under section 1242. The clerk of
supervising court shall transmit the fees collected to the
treasurer of the supervising court's court funding unit at the end
of each month. However, the supervising court may waive or reduce
the fee in exigent circumstances.
(4) A teen court participant is responsible for payment of the
cost of any classes, counseling, treatment, and educational
programs provided under section 1246(1).
(5) Teen court may request that the department of state police
provide to the court information contained in the L.E.I.N.
pertaining to an applicant's criminal history for purposes of
determining the individual's compliance with all court orders. The
department of state police shall provide the information requested
by teen court under this subsection.
Sec. 1246. Teen court shall operate as follows:
(a) An adult who is an attorney licensed in this state shall
preside over all teen court proceedings as presiding officer.
(b) If a teen court participant so chooses, an individual
between the ages of 13 and 17 may be appointed to act as his or her
counsel in teen court proceedings. This individual may give a
statement to the jury regarding the circumstances of the crime to
which the teen court participant pled guilty or accepted
responsibility, the teen court participant's school or community
record, and any other circumstances that the individual believes
may be of use to the jury in imposing disposition.
(c) A teen court participant appearing before teen court shall
be accompanied by his or her parent or guardian.
(d) A jury composed no fewer than 3 individuals between the
ages of 13 and 17 shall determine the appropriate disposition for a
teen court participant. Jurors shall be volunteers and shall be
chosen by the presiding officer. After hearing the evidence, the
jury shall retire and deliberate, and the presiding officer shall
report the jury's decision and disposition to the supervising court
in writing.
(e) In imposing a disposition, the jury shall require the teen
court participant to take 1 or more of the following actions:
(i) Pay full restitution to the victim or victims.
(ii) Perform not more than 40 hours of community service.
(iii) Make a personal apology to the victim or victims in
writing.
(iv) Participate in law-related educational classes, treatment,
or appropriate counseling, including substance abuse or anger
management, or other educational programs.
(v) Conduct a research project and write an essay on a topic
related to the crime charged.
Sec. 1247. (1) In order to successfully complete teen court,
an individual shall fulfill all disposition requirements imposed by
the jury under section 1246 not more than 90 days after
disposition.
(2) The presiding officer shall be notified if the teen court
participant is accused of a new crime, and the presiding officer
shall consider and recommend to the supervising court whether to
terminate the participant's participation in teen court in
conformity with the memorandum of understanding under section 1242.
Sec. 1248. (1) Upon completion or termination of a teen court
participant's participation in teen court, the supervising court
shall find on the record or place a written statement in the court
file stating whether the participant completed teen court
successfully or participation in the program was terminated and, if
it was terminated, the reason for the termination.
(2) If a participant successfully completes teen court, the
supervising court shall comply with the memorandum of understanding
entered into upon the participant's admission into teen court and
discharge and dismiss the proceedings.
(3) If an individual is participating in teen court under a
law listed in section 1243(2), the court shall proceed under the
applicable section of law. There shall not be more than 1 discharge
or dismissal under this section.
(4) A discharge and dismissal under this section shall be
without adjudication of guilt and is not a conviction for purposes
of this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime. The
supervising court shall send a record of the discharge and
dismissal to the department of state police. The department of
state police shall enter that information into the L.E.I.N.
indicating the individual's participation in teen court. Unless the
supervising court enters a judgment of guilt, all records of the
proceedings regarding the individual's participation in teen court
under this chapter are closed to public inspection but 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 a former teen court participant meets criteria
for employment with the court, department, law enforcement agency,
or prosecutor's office.
(5) For a teen court participant whose participation is
terminated or who fails to successfully complete teen court, the
supervising court shall enter an adjudication of guilt if the entry
of adjudication was deferred and proceed to sentencing or
disposition for the original charges to which the individual pled
guilty or admitted responsibility before admission to teen court.
Upon sentencing or disposition, the supervising court shall send a
record of that sentence or disposition and the individual's
unsuccessful participation in teen court to the department of state
police, and the department of state police shall enter that
information into the L.E.I.N., indicating that the individual
unsuccessfully participated in teen court.
Sec. 1249. The supervising court shall collect and provide
data on each individual applicant and participant in teen court as
required by the state court administrative office.
Sec. 1250. (1) Where practicable, the supreme court has
authority to expend state funds for the establishment and operation
of teen courts. Federal funds provided to the state for the
operation of teen courts shall be distributed by the appropriate
state agency as provided by law. Nothing in this subsection
prevents a local unit of government or circuit or district court
from expending funds for the establishment and operation of teen
courts.
(2) The state treasurer may receive money or other assets from
any source for deposit into the appropriate state fund or funds for
the purposes described in subsection (1).
(3) Each supervising court shall report quarterly to the state
court administrative office concerning the funds received and
expended by the teen court under its supervision in a manner
prescribed by the state court administrative office.
Sec. 1251. As used in this chapter:
(a) "Court funding unit" means that term as defined in section
151e.
(b) "L.E.I.N." means the law enforcement information network
regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215.
(c) "Presiding officer" means the licensed attorney who
presides over teen court proceedings.
(d) "Supervising court" means the circuit court or district
court with jurisdiction over the individual admitted to teen court
under this chapter.
(e) "Teen court" means a court established under this chapter.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
