Bill Text: MI SB0854 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Juveniles: criminal procedure; juvenile restitution for community service pilot program; provide for. Amends secs. 18 & 30, ch. XIIA of 1939 PA 288 (MCL 712A.18 & 712A.30) & adds sec. 31a, ch. XIIA.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-16 - Referred To Committee On Judiciary And Public Safety [SB0854 Detail]
Download: Michigan-2019-SB0854-Introduced.html
SENATE BILL NO. 854
April 16, 2020, Introduced by Senator LASATA
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending sections 18 and 30 of chapter XIIA (MCL 712A.18 and 712A.30), section 18 of chapter XIIA as amended by 2019 PA 102 and section 30 of chapter XIIA as amended by 1996 PA 561, and by adding section 31a to chapter XIIA.
the people of the state of michigan enact:
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
shall order the juvenile returned to his or her parent if the return of the
juvenile to his or her parent would not cause a substantial risk of harm to the
juvenile or society. The court may also 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 not less than 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 purpose of placement only, is not a finding of paternity, and does
not 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 600.1088. 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's division
of child welfare licensing 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 department or, if the county is a county juvenile agency,
to that county juvenile agency for placement in or commitment to an institution
or agency as the department 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 department or, if the county is a county juvenile
agency, to that county juvenile agency for placement in or commitment to an
institution or facility as the department or county juvenile agency determines
is most appropriate, subject to any initial level of placement the court
designates. 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 must be
protected by placement or commitment to a private child placing or child caring
agency or institution, if available. Except for commitment to the department 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 where 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
department or a county juvenile agency shall must name
that agency as a special guardian to receive those benefits. The benefits
received by the special guardian shall must 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 must 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 department 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, 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 department, 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. 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.
(n) In a proceeding under section 2(b) or (c) of this
chapter, if a juvenile is removed from the parent's custody at any time, the
court shall permit the juvenile's parent to have regular and frequent parenting
time with the juvenile. Parenting time between the juvenile and his or her
parent shall not be less than 1 time every 7 days unless the court determines
either that exigent circumstances require less frequent parenting time or that
parenting time, even if supervised, may be harmful to the juvenile's life,
physical health, or mental well-being. If the court determines that parenting
time, even if supervised, may be harmful to the juvenile's life, physical
health, or mental well-being, the court may suspend parenting time until the
risk of harm no longer exists. The court may order the juvenile to have a
psychological evaluation or counseling, or both, to determine the
appropriateness and the conditions of parenting time.
(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 must 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 must 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
assistance under sections 115f to 115m or 115t of the social welfare act, 1939
PA 280, MCL 400.115f to 400.115m and 400.115t, the amount shall must 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 must 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
must 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
must 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 department or a county juvenile agency shall must 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 must 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 must 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
must 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, and 31a 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 1 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.
(c) Participate, if applicable, in the juvenile restitution for
community service program created under section 31a of this chapter.
(9) If the court finds that the juvenile is in intentional
default of the payment of restitution, a court may, as provided in section 30
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 that term
is 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 biometric data have been collected
and forwarded as required by section 3 of 1925 PA 289, MCL 28.243, and the
juvenile's fingerprints have been taken and forwarded as required by the sex
offenders registration act, 1994 PA 295, MCL 28.721 to 28.736. If a juvenile's
biometric data have not been collected or 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 biometric data can be collected and forwarded and his or her
fingerprints can be taken and forwarded.
(b) Order the juvenile committed to the sheriff's custody for
collecting and forwarding the juvenile's biometric data and 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 must 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 that term is 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, misdemeanor, or ordinance
violation, 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 that term is defined in section 2 of the sex
offenders registration act, 1994 PA 295, MCL 28.722, the court, the department,
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 28.736.
(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 department 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 must 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 that term is defined in
section 2 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 that term is defined in section 2 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.
Sec. 30. (1) For purposes of As used in this section and section sections 31 and 31a of this chapter only:
(a) "Juvenile
offense" means a violation by a juvenile of a penal law of this state or a
violation by a juvenile of an ordinance of a local unit of government of this
state punishable by imprisonment or by a fine that is not a civil fine.
(b) "Victim"
means an individual who suffers direct or threatened physical, financial, or emotional
harm as a result of the commission of a juvenile offense. For purposes of As used in subsections (2), (3), (6),
(8), (9), and (13) only, victim
includes a sole proprietorship, partnership, corporation, association,
governmental entity, or other legal entity that suffers direct physical or
financial harm as a result of the commission of a juvenile offense.
(2) Except as provided in
subsection (8), at the dispositional hearing for a juvenile offense, the court
shall order, in addition to or in lieu instead of any other disposition
authorized by law, that the juvenile make full restitution to any victim of the
juvenile's course of conduct that gives rise to caused the disposition or to the victim's estate.
(3) If a juvenile offense
results in damage to or loss or destruction of property of a victim of the
juvenile offense, or results in the seizure or impoundment of property of a
victim of the juvenile offense, the order of restitution may require that the
juvenile do 1 or more of the following: , as applicable:
(a) Return the property
to the owner of the property or to a person designated by the owner.
(b) If return of the
property under subdivision (a) is impossible, impractical, or inadequate, pay
an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is
returned, of that property or any part of the property that is returned:
(i) The value of the
property on the date of the damage, loss, or destruction.
(ii) The value of the
property on the date of disposition.
(c) Pay the costs of the seizure or impoundment, or both.
(4) If a juvenile offense results in physical or
psychological injury to a victim, the order of restitution may require that the
juvenile do 1 or more of the following, as applicable:
(a) Pay an amount equal to the cost of actual medical and
related professional services and devices relating to physical and
psychological care.
(b) Pay an amount equal to the cost of actual physical and
occupational therapy and rehabilitation.
(c) Reimburse the victim or the victim's estate for after-tax
income loss suffered by the victim as a result of the juvenile offense.
(d) Pay an amount equal to the cost of psychological and
medical treatment for members of the victim's family that has been incurred as
a result of the juvenile offense.
(e) Pay an amount equal to the costs of actual homemaking and
child care expenses incurred as a result of the juvenile offense.
(5) If a juvenile offense resulting in bodily injury also
results in the death of a victim, the order of restitution may require that the
juvenile pay an amount equal to the cost of actual funeral and related
services.
(6) If the victim or victim's estate consents, the order of
restitution may require that the juvenile make restitution in services in lieu instead of money.
(7) If the victim is deceased, the court shall order that the
restitution be made to the victim's estate.
(8) The court shall order restitution to the crime victims
compensation board or to any individuals, partnerships, corporations,
associations, governmental entities, or any other legal entities that have
compensated the victim or the victim's
estate for a loss incurred by the victim to the extent of the compensation paid
for that loss. The court shall also order restitution , for the costs of services provided , to persons or
entities that have provided services to the victim as a result of the juvenile
offense. Services that are subject to restitution under this subsection
include, but are not limited to, shelter, food, clothing, and transportation.
However, an order of restitution shall must require that all restitution to a victim
or victim's estate under the order be made before any restitution to any other
person or entity under that order is made. The court shall not order
restitution to be paid to a victim or victim's estate if the victim or victim's
estate has received or is to receive compensation for that loss, and the court
shall state on the record with specificity the reasons for its actions. If an
entity entitled to restitution under this subsection for compensating the
victim or the victim's estate cannot or refuses to be reimbursed for that
compensation, the restitution paid for that entity shall must be deposited by the state treasurer in
the crime victim's rights fund created under section 4 of Act No. 196 of the Public Acts of
1989, being section 780.904 of the Michigan Compiled Laws, 1989 PA 196, MCL 780.904, or
its successor fund.
(9) Any amount paid to a victim or a victim's estate under an order of
restitution shall must be set off against
any amount later recovered as compensatory damages by the victim or the
victim's estate in any federal or state civil proceeding and shall must reduce the amount
payable to a victim or a victim's estate by an award from the crime victims
compensation board made after an order of restitution under this section.
(10) If not otherwise provided by the court under this
subsection, restitution shall
must be
made immediately. However, the court may require that the juvenile make
restitution under this section within a specified period or in specified
installments.
(11) If the juvenile is placed on probation, any restitution
ordered under this section shall
must be
a condition of that probation. The court may revoke probation if the juvenile
fails to comply with the order and if the juvenile has not made a good faith good-faith effort to
comply with the order. In determining whether to revoke probation, the court
shall consider the juvenile's employment status, earning ability, and financial
resources, the willfulness of the juvenile's failure to pay, and any other
special circumstances that may have a bearing on the juvenile's ability to pay.
(12) A juvenile who is required to pay restitution and who is
not in willful default of the payment of the restitution may at any time
petition the court to modify the method of payment. If the court determines
that payment under the order will impose a manifest hardship on the juvenile or
his or her immediate family, the court may modify the method of payment.
(13) An order of restitution entered under this section
remains effective until it is satisfied in full. An order of restitution is a
judgment and lien against all property of the individual ordered to pay
restitution for the amount specified in the order of restitution. The lien may
be recorded as provided by law. An order of restitution may be enforced by the
prosecuting attorney, a victim, a victim's estate, or any other person or
entity named in the order to receive the restitution in the same manner as a
judgment in a civil action or a lien.
(14) Notwithstanding any other provision of this section, a
juvenile shall must not be detained
for a violation of probation, or otherwise, for failure to pay restitution as
ordered under this section unless the court determines that the juvenile has
the resources to pay the ordered restitution and has not made a good faith
effort to do so.
(15) If the court determines that the juvenile is or will be
unable to pay all of the restitution ordered, after notice to the juvenile's
parent or parents
and an opportunity for the parent or parents to be heard, the court may order the parent or
parents having supervisory responsibility for the juvenile at the time of the
acts upon which an order of restitution is based to pay any portion of the
restitution ordered that is outstanding. An order under this subsection does
not relieve the juvenile of his or her obligation to pay restitution as ordered, but the
amount owed by the juvenile shall
be is offset
by any amount paid by his or her parent. As used in this subsection,
"parent" does not include a foster parent.
(16) If the court orders a parent to pay restitution under
subsection (15), the court shall take into account the parent's financial resources of the parent and
the burden that the payment of restitution will impose, with due regard to any
other moral or legal financial obligations that of the parent. may have. If a parent is required to pay
restitution under subsection (15), the court shall provide for payment to be
made in specified installments and within a specified period of time.
(17) A parent who has been ordered to pay restitution under
subsection (15) may petition the court for a modification of the amount of
restitution owed by the parent or for a cancellation of any unpaid portion of
the parent's obligation. The court shall cancel all or part of the parent's
obligation due if the court determines that payment of the amount due will
impose a manifest hardship on the parent.
(18) At any time, if the court finds that the juvenile or the
juvenile's parent is or will be unable to pay the restitution ordered, the
court may order the juvenile to participate in the juvenile restitution for
community service program under section 31a of this chapter, if applicable.
(19) (18) In each case in which payment of restitution is
ordered as a condition of probation, the juvenile caseworker or probation
officer assigned to the case shall review the case not less than twice yearly
to ensure that restitution is being paid as ordered. The final review shall must be conducted not
less than 60 days before the expiration
of the probationary period expires. If the juvenile caseworker or
probation officer determines the restitution is not being paid as ordered, the
juvenile caseworker or probation officer shall file a written report of the
violation with the court on a form prescribed by the state court administrative
office. The report shall must include a
statement of the amount of the arrearage and any reasons for the arrearage that
are known by the juvenile caseworker or probation officer. The juvenile
caseworker or probation officer shall immediately provide a copy of the report
to the prosecuting attorney. If a motion is filed or other proceedings are
initiated to enforce payment of restitution and the court determines that
restitution is not being paid or has not been paid as ordered by the court, the
court shall promptly take action necessary to compel compliance.
(20) (19) If the court determines that an individual who
is ordered to pay restitution under this section is remanded to the
jurisdiction of the department of corrections, the court shall provide a copy
of the order of restitution to the department of corrections when the court
determines that the individual is remanded to the department's jurisdiction.
Sec. 31a. (1) The
state court administrative office shall establish a pilot program in 4 counties
in this state to administer the juvenile restitution for community service
program. The state court administrative office shall establish and operate the
juvenile restitution for community service program beginning October 1, 2020
through September 30, 2023. This program shall only provide restitution to
victims and shall not provide funds for fines or court costs.
(2) Subject to subsection (3), the juvenile restitution for
community service program must do all of the following:
(a) Provide
a juvenile ordered to pay restitution the opportunity to pay up to $1,000.00 or
50% of the restitution owed, whichever is less, through hours of community
service completed.
(b) Attach
a dollar value equal to this state's current hourly minimum wage to each hour of
community service completed.
(c) Track
the hours of community service completed by the juvenile.
(d) Distribute
the funds credited to the juvenile through community service each month
directly to the victim or victims.
(e)
Notify the court of the number of community service hours completed by the
juvenile to be credited to the amount of ordered restitution.
(3) The court
shall make the initial determination of eligibility for and referral to the
juvenile restitution for community service program. To be eligible for this
program, a juvenile must meet all of the following:
(a) Be
involved in juvenile court through formal probation, consent calendar, or
another court approved diversion program.
(b) Be
between the ages of 10 and 17. Juveniles under the age of 15 must be given referral
priority over older juveniles.
(c) Be ordered
by the court to pay restitution to a victim or victims.
(d) Be unable
to pay restitution through other means under section 30 of this chapter.
(e) Be
unable to pay restitution from any source of funds and, if applicable, have family
that is determined to be indigent, including, but not limited to, a
demonstrated inability to provide funds through receipt of public assistance or
income less than 125% of the federal poverty level as that term is defined in
section 2 of the individual or family development account program act, 2006 PA
513, MCL 206.902.
(4)
Community service hours completed by a juvenile as part of the juvenile
restitution for community service program are separate from and additional to
any other court ordered community service hours required as part of probation
or a diversion agreement.
(5) Not
more than 90 days after the conclusion of the pilot program established under
this section, the state court administrative office shall submit a report to
the legislative committees of the senate and house of representatives with the
primary responsibility for juvenile issues. The report must include all of the
following:
(a) How
pilot program participant counties were selected.
(b) Relevant
statistical data, including, but not limited to, all of the following:
(i) The number of juveniles
participating in each county.
(ii) The number of victims receiving
restitution.
(iii) The amount of funding provided to
each county by community sources.
(iv) The amount of funding provided to
each county by this state.
(v) The amount and percentage of
restitution paid each year during the program.
(vi) The number of community service
hours performed.
(c)
Recommendations to assist in implementing this program in additional counties.
(6) To
be eligible for funding under this section, the counties selected to
participate in this program must be able to provide not less than 20% of the
total funding from community sources.
(7) The juvenile
restitution for community service fund is created within the state treasury. The
state treasurer may receive money or other assets from any source for deposit
into the fund. The state treasurer shall direct the investment of the fund. The
state treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year must remain in
the fund and must not lapse to the general fund. The state court administrative
office shall be the administrator of the fund for auditing purposes. The state
court administrative office shall expend money from the fund, upon
appropriation, only for the purposes provided in this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
