HOUSE BILL NO. 4709
June 08, 2023, Introduced by Reps. Mueller, Maddock, Tyrone Carter, Prestin, BeGole, Harris,
Bezotte, O'Neal and Snyder and referred to the Committee on Criminal Justice.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 16 of chapter XIIA (MCL 712A.16), as amended by
2019 PA 102.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XIIA
2 Sec. 16. (1) If Except as provided in subsection (7), if a
3 juvenile under the age of who is less than 18 years of age is taken
4 into custody or detained, the juvenile shall must not be confined
5 in any police station, prison, jail, lock-up, or reformatory or
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1 transported with, or compelled or permitted to associate or mingle
2 with, criminal or dissolute persons. Except as otherwise provided
3 in section 15(3), (4), and (5) of this chapter, the court may order
4 a juvenile 15 years of age or older whose habits or conduct are
5 considered a menace to other juveniles, or who may not otherwise be
6 safely detained, placed in a jail or other place of detention for
7 adults, but in a room or ward separate from adults and for not more
8 than 30 days, unless longer detention is necessary for the service
9 of process.
10 (2) The county board of commissioners in each county or of
11 counties contracting together may provide for the diagnosis,
12 treatment, care, training, and detention of juveniles in a child
13 care home or facility conducted as an agency of the county if the
14 home or facility meets licensing standards established under 1973
15 PA 116, MCL 722.111 to 722.128. The court or a court-approved
16 agency may arrange for the boarding of juveniles in any of the
17 following:
18 (a) If a juvenile is within the court's jurisdiction under
19 section 2(a) of this chapter, a suitable foster care home subject
20 to the court's supervision. If a juvenile is within the court's
21 jurisdiction under section 2(b) of this chapter, the court shall
22 not place a juvenile in a foster care home subject to the court's
23 supervision.
24 (b) A child caring institution or child placing agency
25 licensed by the department to receive for care juveniles within the
26 court's jurisdiction.
27 (c) If in a room or ward separate and apart from adult
28 criminals, the county jail for juveniles over more than 17 years of
29 age within the court's jurisdiction.
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1 (3) If a detention home or facility is established as an
2 agency of the county, the judge may appoint a superintendent and
3 other necessary employees for the home or facility who shall
4 receive compensation as provided by the county board of
5 commissioners of the county. This section does not alter or
6 diminish the legal responsibility of the department or a county
7 juvenile agency to receive juveniles committed by the court.
8 (4) If the court under subsection (2) arranges for the board
9 of juveniles temporarily detained in private homes or in a child
10 caring institution or child placing agency, a reasonable sum fixed
11 by the court for their board shall must be paid by the county
12 treasurer as provided in section 25 of this chapter.
13 (5) A court shall not provide foster care home services
14 subject to the court's supervision to juveniles within section 2(b)
15 of this chapter.
16 (6) A juvenile detention home described in subsection (3)
17 shall must be operated under the direction of the county board of
18 commissioners or, in a county that has an elected county executive,
19 under the county executive's direction. A different method for
20 directing the operation of a detention home may be agreed to in any
21 county by the chief judge of the circuit court in that county and
22 the county board of commissioners or, in a county that has an
23 elected county executive, the county executive.
24 (7) If a juvenile who is less than 18 years of age is taken
25 into custody or detained, the juvenile may be transported with an
26 adult if all of the following apply:
27 (a) The juvenile is 16 years of age or older.
28 (b) The adult is not more than 25 years of age.
29 (c) The juvenile and adult are taken into custody at the same
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1 time.
2 (d) The juvenile and adult are taken into custody for the same
3 offense or both occupied the same vehicle at the time the offense
4 was committed.
5 (e) The juvenile is taken directly to the appropriate location
6 and is then separated from the adult at the earliest available time
7 in accordance with subsection (1).
8 Enacting section 1. This amendatory act takes effect 90 days
9 after the date it is enacted into law.
SCS Final Page 03329'23
Statutes affected: House Introduced Bill: 712A.16