HOUSE BILL NO. 6226
December 04, 2024, Introduced by Reps. Pohutsky, Tsernoglou, McFall and Aiyash and referred
to the Committee on Criminal Justice.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 1 of chapter XIIA (MCL 712A.1), as amended by
2020 PA 389, and by adding section 17e to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XIIA
2 Sec. 1. (1) As used in this chapter:
3 (a) "Civil infraction" means that term as defined in section
4 113 of the revised judicature act of 1961, 1961 PA 236, MCL
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1 600.113.
2 (b) "Competency evaluation" means a court-ordered examination
3 of a juvenile directed to developing information relevant to a
4 determination of his or her the juvenile's competency to proceed at
5 a particular stage of a court proceeding involving a juvenile who
6 is the subject of a delinquency petition.
7 (c) "Competency hearing" means a hearing to determine whether
8 a juvenile is competent to proceed.
9 (d) "County juvenile agency" means that term as defined in
10 section 2 of the county juvenile agency act, 1998 PA 518, MCL
11 45.622.
12 (e) "Court" means the family division of circuit court.
13 (f) "Custodial detention" means that term as defined in
14 section 7 of chapter III of the code of criminal procedure, 1927 PA
15 175, MCL 763.7.
16 (g) (f) "Department" means the department of health and human
17 services. A reference in this chapter to the "department of social
18 welfare" or the "family independence agency" means the department
19 of health and human services.
20 (h) (g) "Foreign protection order" means that term as defined
21 in section 2950h of the revised judicature act of 1961, 1961 PA
22 236, MCL 600.2950h.
23 (i) (h) "Incompetent to proceed" means that a juvenile, based
24 on age-appropriate norms, lacks a reasonable degree of rational and
25 factual understanding of the proceeding or is unable to do 1 or
26 more of the following:
27 (i) Consult with and assist his or her the juvenile's attorney
28 in preparing his or her the juvenile's defense in a meaningful
29 manner.
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1 (ii) Sufficiently understand the charges against him or her.the
2 juvenile.
3 (j) "Interrogation" means that term as defined in section 7 of
4 chapter III of the code of criminal procedure, 1927 PA 175, MCL
5 763.7.
6 (k) (i) Until September 30, 2021, "juvenile" means a person
7 who is less than 17 years of age who is the subject of a
8 delinquency petition. Beginning October 1, 2021, "juvenile" means a
9 person who is less than 18 years of age who is the subject of a
10 delinquency petition.
11 (l) (j) "Least restrictive environment" means a supervised
12 community placement, preferably a placement with the juvenile's
13 parent, guardian, relative, or a facility or conditions of
14 treatment that is a residential or institutional placement only
15 utilized as a last resort based on the best interest of the
16 juvenile or for reasons of public safety.
17 (m) (k) "Licensed child caring institution" means a child
18 caring institution as defined and licensed under 1973 PA 116, MCL
19 722.111 to 722.128.
20 (n) (l) "MCI" means the Michigan children's institute created
21 and established by 1935 PA 220, MCL 400.201 to 400.214.
22 (o) (m) "Mental health code" means the mental health code,
23 1974 PA 258, MCL 330.1001 to 330.2106.
24 (p) (n) "Personal protection order" means a personal
25 protection order issued under section 2950 or 2950a of the revised
26 judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
27 and includes a valid foreign protection order.
28 (q) (o) "Public agency" means the department, a local unit of
29 government, the family division of the circuit court, the juvenile
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1 division of the probate court, or a county juvenile agency.
2 (r) (p) "Qualified juvenile forensic mental health examiner"
3 means 1 of the following who performs forensic mental health
4 examinations for the purposes of sections 1062 to 1074 of the
5 mental health code, MCL 330.2062 to 330.2074, but does not exceed
6 the scope of his or her the qualified juvenile forensic mental
7 health examiner's practice as authorized by state law:
8 (i) A psychiatrist or psychologist who possesses experience or
9 training in all of the following:
10 (A) Forensic evaluation procedures for juveniles.
11 (B) Evaluation, diagnosis, and treatment of children and
12 adolescents with emotional disturbance, mental illness, or
13 developmental disabilities.
14 (C) Clinical understanding of child and adolescent
15 development.
16 (D) Familiarity with competency standards in this state.
17 (ii) A mental health professional other than a psychiatrist or
18 psychologist who has completed a juvenile competency training
19 program for forensic mental health examiners that is endorsed by
20 the department under section 1072 of the mental health code, MCL
21 330.2072, and who possesses experience or training in all of the
22 following:
23 (A) Forensic evaluation procedures for juveniles.
24 (B) Evaluation, diagnosis, and treatment of children and
25 adolescents with emotional disturbance, mental illness, or
26 developmental disabilities.
27 (C) Clinical understanding of child and adolescent
28 development.
29 (D) Familiarity with competency standards in this state.
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1 (s) (q) "Qualified restoration provider" means an individual
2 who the court determines, as a result of the opinion provided by
3 the qualified juvenile forensic mental health examiner, has the
4 skills and training necessary to provide restoration services. The
5 court shall take measures to avoid any conflict of interest among
6 agencies or individuals who may provide evaluation and restoration.
7 (t) (r) "Reasonable and prudent parenting standard" means
8 decisions characterized by careful and sensible parental decisions
9 that maintain a child's health, safety, and best interest while
10 encouraging the emotional and developmental growth of the child
11 when determining whether to allow a child in foster care to
12 participate in extracurricular, enrichment, cultural, and social
13 activities.
14 (u) (s) "Restoration" means the process by which education or
15 treatment of a juvenile results in that juvenile becoming competent
16 to proceed.
17 (v) (t) "Secure facility" means any public or private licensed
18 child caring institution identified by the department as designed
19 to physically restrict the movements and activities of the alleged
20 or adjudicated juvenile offender that has the primary purpose of
21 serving juveniles who have been alleged or adjudicated delinquent,
22 other than a juvenile alleged or adjudicated under section 2(a)(2)
23 to (4) of this chapter.
24 (w) (u) "Serious misdemeanor" means that term as defined in
25 section 61 of the William Van Regenmorter crime victim's rights
26 act, 1985 PA 87, MCL 780.811.
27 (x) (v) "Valid foreign protection order" means a foreign
28 protection order that satisfies the conditions for validity
29 provided in section 2950i of the revised judicature act of 1961,
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1 1961 PA 236, MCL 600.2950i.
2 (2) Except as otherwise provided, proceedings under this
3 chapter are not criminal proceedings.
4 (3) This chapter shall must be liberally construed so that
5 each juvenile coming within the court's jurisdiction receives the
6 care, guidance, and control, preferably in his or her the
7 juvenile's own home, conducive to the juvenile's welfare and the
8 best interest of the state. If a juvenile is removed from the
9 control of his or her the juvenile's parents, the juvenile shall
10 must be placed in care as nearly as possible equivalent to the care
11 that should have been given to the juvenile by his or her the
12 juvenile's parents.
13 Sec. 17e. (1) A juvenile who is within the court's
14 jurisdiction under section 2(a)(1) must have an attorney present
15 for the juvenile's representation during an interrogation in
16 custodial detention. A juvenile cannot waive the right to an
17 attorney under this section.
18 (2) A self-incriminating response of a juvenile during an
19 interrogation in custodial detention is inadmissible as evidence
20 against a juvenile in any proceeding if the juvenile was not
21 represented by an attorney.
22 (3) A self-incriminating response that a juvenile made as a
23 result of an interrogation in custodial detention is presumed to be
24 inadmissible as evidence against the juvenile in any proceeding,
25 for an act that would be a misdemeanor or felony offense if
26 committed by an adult unless both of the following apply:
27 (a) An electronic recording is made of the interrogation.
28 (b) The recording under subdivision (a) is substantially
29 accurate and not intentionally altered.
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1 (4) If, during an electronically recorded interrogation of a
2 juvenile conducted under subsection (3), the juvenile makes a
3 statement that creates a reasonable suspicion to believe the
4 juvenile has committed another act that, if committed by an adult,
5 would be an offense other than the original offense required to be
6 recorded under subsection (3), the interrogators may, without the
7 juvenile's consent, continue to record the interrogation as it
8 relates to the other offense.
9 (5) An electronic recording made under subsection (3) must be
10 preserved until the juvenile's adjudication for any offense
11 relating to the statement is final and all direct and habeas corpus
12 appeals are exhausted, or the prosecution of such offenses is
13 barred by law.
14 (6) If the court finds, by a preponderance of the evidence,
15 that the juvenile was subjected to an interrogation in custodial
16 detention in violation of subsection (3), then any statement made
17 by the juvenile during or after that nonrecorded interrogation in
18 custodial detention, even if otherwise in compliance with this
19 section, is presumed to be inadmissible in any proceeding against
20 the juvenile except for the purpose of impeachment.
21 Enacting section 1. This amendatory act takes effect 90 days
22 after the date it is enacted into law.
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Statutes affected:
House Introduced Bill: 712A.1