Bill Text: MI HB5324 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in youth facilities act. Amends secs. 2 & 4 of 1988 PA 73 (MCL 803.222 & 803.224). TIE BAR WITH: HB 5317'16

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-02-10 - Bill Electronically Reproduced 02/09/2016 [HB5324 Detail]

Download: Michigan-2015-HB5324-Introduced.html

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HOUSE BILL No. 5324

February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki, Pagan and Hovey-Wright and referred to the Committee on Criminal Justice.

 

     A bill to amend 1988 PA 73, entitled

 

"The juvenile facilities act,"

 

by amending sections 2 and 4 (MCL 803.222 and 803.224), as amended

 

by 1998 PA 521.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "County juvenile agency" means that term as defined in

 

section 2 of the county juvenile agency act, 1998 PA 518, MCL

 

45.622.

 

     (b) "Department" means the family independence

 

agency.department of health and human services.

 

     (c) "Juvenile" means a person within the jurisdiction of the

 

family division of the circuit court under section 2(a) of chapter

 

XIIA of 1939 PA 288, MCL 712A.2, or, until the effective date of

 

the amendatory act that repealed section 606 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.606, within the

 

jurisdiction of the circuit court under section 606 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.606.

 

     (d) "Juvenile facility" means a county facility, an

 

institution operated as an agency of the county or the family

 

division of circuit court, or an institution or agency described in

 

the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

 

803.309, to which a juvenile has been committed under section

 

18(1)(e) of chapter XIIA of 1939 PA 288, MCL 712A.18, or under

 

section 27a of chapter IV or section 1 of chapter IX of the code of

 

criminal procedure, 1927 PA 175, MCL 764.27a and 769.1.

 

     Sec. 4. (1) If Until the effective date of the amendatory act

 

that repealed section 606 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.606, if a juvenile within the jurisdiction of

 

the circuit court under section 606 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.606, is committed to a juvenile

 

facility pending trial, the department or county juvenile agency,

 

as applicable, shall inquire into the juvenile's antecedents,

 

character, and circumstances and shall report in writing to the

 

court before the juvenile's sentencing.

 

     (2) A report prepared under subsection (1) shall include all

 

of the following:

 

     (a) An evaluation of and a prognosis for the juvenile's

 

adjustment in the community based on factual information contained

 

in the report.

 

     (b) A recommendation as to whether the juvenile is more likely

 

to be rehabilitated by the services and facilities available in

 

adult programs and procedures than in juvenile programs and

 

procedures.

 

     (c) A recommendation as to what disposition is in the best

 

interests of the public welfare and the protection of the public

 

security.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5317 (request no.

 

02924'15) of the 98th Legislature is enacted into law.