2009 Michigan Senate Bills 173-176

SENATE BILL No. 173

SENATE BILL No. 173 January 29, 2009, Introduced by Senators BRATER, SWITALSKI, SCOTT, CLARKCOLEMAN, JACOBS, HUNTER, CLARKE and THOMAS and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 1b of chapter IX (MCL 769.1 and 769.1b), section 1 as amended by 1999 PA 87 and section 1b as amended by 1998 PA 520. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: CHAPTER IX

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SENATE BILL No. 173

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Sec. 1. (1) A judge of a court having jurisdiction may

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pronounce judgment against and pass sentence upon a person

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convicted of an offense in that court. The sentence shall not

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exceed the sentence prescribed by law. The EXCEPT AS PROVIDED IN

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SUBSECTION (15), THE court shall sentence a juvenile convicted of

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any of the following crimes in the same manner as an adult:

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(a) Arson of a dwelling in violation of section 72 of the Michigan penal code, 1931 PA 328, MCL 750.72. (b) Assault with intent to commit murder in violation of section 83 of the Michigan penal code, 1931 PA 328, MCL 750.83. (c) Assault with intent to maim in violation of section 86 of the Michigan penal code, 1931 PA 328, MCL 750.86. (d) Attempted murder in violation of section 91 of the Michigan penal code, 1931 PA 328, MCL 750.91. (e) Conspiracy to commit murder in violation of section 157a of the Michigan penal code, 1931 PA 328, MCL 750.157a. (f) Solicitation to commit murder in violation of section 157b of the Michigan penal code, 1931 PA 328, MCL 750.157b. (g) First degree murder in violation of section 316 of the Michigan penal code, 1931 PA 328, MCL 750.316. (h) Second degree murder in violation of section 317 of the Michigan penal code, 1931 PA 328, MCL 750.317. (i) Kidnapping in violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349.

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(j) First degree criminal sexual conduct in violation of

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section 520b of the Michigan penal code, 1931 PA 328, MCL 750.520b.

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(k) Armed robbery in violation of section 529 of the Michigan penal code, 1931 PA 328, MCL 750.529. (l) Carjacking in violation of section 529a of the Michigan penal code, 1931 PA 328, MCL 750.529a. (2) A person convicted of a felony or of a misdemeanor

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punishable by imprisonment for more than 92 days shall not be

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sentenced until the court has examined the court file and has

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determined that the person's fingerprints have been taken.

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(3) Unless a juvenile is required to be sentenced in the same

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manner as an adult under subsection (1), a judge of a court having

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jurisdiction over a juvenile shall conduct a hearing at the

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juvenile's sentencing to determine if the best interests of the

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public would be served by placing the juvenile on probation and

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committing the juvenile to an institution or agency described in

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

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803.309, or by imposing any other sentence provided by law for an

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adult offender. Except as provided in subsection SUBSECTIONS (5)

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AND (15), the court shall sentence the juvenile in the same manner

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as an adult unless the court determines by a preponderance of the

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evidence that the interests of the public would be best served by

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placing the juvenile on probation and committing the juvenile to an

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institution or agency described in the youth rehabilitation

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services act, 1974 PA 150, MCL 803.301 to 803.309. The rules of

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evidence do not apply to a hearing under this subsection. In making

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the determination required under this subsection, the judge shall

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consider all of the following, giving greater weight to the

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seriousness of the alleged offense and the juvenile's prior record

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of delinquency:

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(a) The seriousness of the alleged offense in terms of

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community protection, including, but not limited to, the existence

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of any aggravating factors recognized by the sentencing guidelines,

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the use of a firearm or other dangerous weapon, and the impact on

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any victim.

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(b) The juvenile's culpability in committing the alleged

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offense, including, but not limited to, the level of the juvenile's

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participation in planning and carrying out the offense and the

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existence of any aggravating or mitigating factors recognized by

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the sentencing guidelines.

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(c) The juvenile's prior record of delinquency including, but

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not limited to, any record of detention, any police record, any

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school record, or any other evidence indicating prior delinquent

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behavior.

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(d) The juvenile's programming history, including, but not

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limited to, the juvenile's past willingness to participate

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meaningfully in available programming.

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(e) The adequacy of the punishment or programming available in the juvenile justice system.

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(f) The dispositional options available for the juvenile.

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(4) With the consent of the prosecutor and the defendant, the

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court may waive the hearing required under subsection (3). If the

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court waives the hearing required under subsection (3), the court

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may place the juvenile on probation and commit the juvenile to an

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institution or agency described in the youth rehabilitation

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services act, 1974 PA 150, MCL 803.301 to 803.309, but shall not

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impose any other sentence provided by law for an adult offender.

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(5) If a juvenile is convicted of a violation or conspiracy to

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commit a violation of section 7403(2)(a)(i) of the public health

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code, 1978 PA 368, MCL 333.7403, the court shall determine whether

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the best interests of the public would be served by imposing the

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sentence provided by law for an adult offender, by placing the

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individual on probation and committing the individual to an

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institution or agency under subsection (3), or by imposing a

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sentence of imprisonment for any term of years but not less than 25

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years. If the court determines by clear and convincing evidence

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that the best interests of the public would be served by imposing a

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sentence of imprisonment for any term of years but not less than 25

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years, the court may impose that sentence. In making its

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determination, the court shall use the criteria specified in

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subsection (3).

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(6) The court shall state on the record the court's findings

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of fact and conclusions of law for the probation and commitment

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decision or sentencing decision made under subsection (3). If a

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juvenile is committed under subsection (3) to an institution or

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agency described in the youth rehabilitation services act, 1974 PA

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150, MCL 803.301 to 803.309, a transcript of the court's findings

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shall be sent to the family independence agency DEPARTMENT OF HUMAN

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SERVICES or county juvenile agency, as applicable.

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(7) If a juvenile is committed under subsection (3) or (4) to

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an institution or agency described in the youth rehabilitation

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services act, 1974 PA 150, MCL 803.301 to 803.309, the written

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order of commitment shall contain a provision for the reimbursement

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to the court by the juvenile or those responsible for the

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juvenile's support, or both, for the cost of care or service. The

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amount of reimbursement ordered shall be reasonable, taking into

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account both the income and resources of the juvenile and those

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responsible for the juvenile's support. The amount may be based

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upon the guidelines and model schedule prepared under section 18(6)

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of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

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712A.18. The reimbursement provision applies during the entire

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period the juvenile remains in care outside the juvenile's own home

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and under court supervision. The court shall provide for the

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collection of all amounts ordered to be reimbursed, and the money

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collected shall be accounted for and reported to the county board

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of commissioners. Collections to cover delinquent accounts or to

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pay the balance due on reimbursement orders may be made after a

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juvenile is released or discharged from care outside the juvenile's

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own home and under court supervision. Twenty-five percent of all

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amounts collected pursuant to an order entered under this

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subsection shall be credited to the appropriate fund of the county

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to offset the administrative cost of collections. The balance of

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all amounts collected pursuant to an order entered under this

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subsection shall be divided in the same ratio in which the county,

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state, and federal government participate in the cost of care

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outside the juvenile's own home and under county, state, or court

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supervision. The court may also collect benefits paid by the

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government of the United States for the cost of care of the

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juvenile. Money collected for juveniles placed with or committed to

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the family independence agency DEPARTMENT OF HUMAN SERVICES or a

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county juvenile agency shall be accounted for and reported on an

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individual basis. In cases of delinquent accounts, the court may

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also enter an order to intercept state tax refunds or the federal

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income tax refund of a child, parent, guardian, or custodian and

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initiate the necessary offset proceedings in order to recover the

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cost of care or service. The court shall send to the person who is

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the subject of the intercept order advance written notice of the

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proposed offset. The notice shall include notice of the opportunity

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to contest the offset on the grounds that the intercept is not

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proper because of a mistake of fact concerning the amount of the

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delinquency or the identity of the person subject to the order. The

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court shall provide for the prompt reimbursement of an amount

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withheld in error or an amount found to exceed the delinquent

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amount.

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(8) If the court appoints an attorney to represent a juvenile, an order entered under this section may require the juvenile or

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person responsible for the juvenile's support, or both, to

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reimburse the court for attorney fees.

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(9) An order directed to a person responsible for the

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juvenile's support under this section is not binding on the person

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unless an opportunity for a hearing has been given and until a copy

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of the order is served on the person, personally or by first-class

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mail to the person's last known address.

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(10) If a juvenile is placed on probation and committed under

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subsection (3) or (4) to an institution or agency described in the

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

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803.309, the court shall retain jurisdiction over the juvenile

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while the juvenile is on probation and committed to that

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institution or agency.

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(11) If the court has retained jurisdiction over a juvenile

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under subsection (10), the court shall conduct an annual review of

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the services being provided to the juvenile, the juvenile's

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placement, and the juvenile's progress in that placement. In

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conducting this review, the court shall examine the juvenile's

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annual report prepared under section 3 of the juvenile facilities

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act, 1988 PA 73, MCL 803.223. The court may order changes in the

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juvenile's placement or treatment plan including, but not limited

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to, committing the juvenile to the jurisdiction of the department

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of corrections, based on the review.

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(12) If an individual who is under the court's jurisdiction

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under section 4 of chapter XIIA of the probate code of 1939, 1939

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PA 288, MCL 712A.4, is convicted of a violation or conspiracy to

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commit a violation of section 7403(2)(a)(i) of the public health

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code, 1978 PA 368, MCL 333.7403, the court shall determine whether

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the best interests of the public would be served by imposing the

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sentence provided by law for an adult offender or by imposing a

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sentence of imprisonment for any term of years but not less than 25

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years. If the court determines by clear and convincing evidence

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that the best interests of the public would be served by imposing a

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sentence of imprisonment for any term of years but not less than 25

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years, the court may impose that sentence. In making its

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determination, the court shall use the criteria specified in

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subsection (3) to the extent they apply.

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(13) If the defendant is sentenced for an offense other than a

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listed offense as defined in section 2(d)(i) 2(E)(i) to (ix) (x) and

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(xi) (xii) to (xiii) (xiv) of the sex offenders registration act, 1994

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PA 295, MCL 28.722, the court shall determine if the offense is a

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violation of a law of this state or a local ordinance of a

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municipality of this state that by its nature constitutes a sexual

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offense against an individual who is less than 18 years of age. If

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so, the conviction is for a listed offense as defined in section

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2(d)(x) 2(E)(xi) of the sex offenders registration act, 1994 PA 295,

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MCL 28.722, and the court shall include the basis for that

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determination on the record and include the determination in the

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judgment of sentence.

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(14) When sentencing a person convicted of a misdemeanor

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involving the illegal delivery, possession, or use of alcohol or a

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controlled substance or a felony, the court shall examine the

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presentence investigation report and determine if the person being

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sentenced is licensed or registered under article 15 of the public

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health code, 1978 PA 368, MCL 333.16101 to 333.18838. The court

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shall also examine the court file and determine if a report of the

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conviction upon which the person is being sentenced has been

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forwarded to the department of consumer and industry services as

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provided in section 16a. If the report has not been forwarded to

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the department of consumer and industry services ENERGY, LABOR, AND

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ECONOMIC GROWTH, the court shall order the clerk of the court to

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immediately prepare and forward the report as provided in section

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16a.

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(15) THE COURT SHALL NOT SENTENCE AN INDIVIDUAL WHO WAS LESS

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THAN 18 YEARS OF AGE WHEN THE CRIME WAS COMMITTED TO IMPRISONMENT

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FOR LIFE WITHOUT PAROLE ELIGIBILITY.

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Sec. 1b. (1) If a juvenile is placed on probation and

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committed under section 1(3) or (4) of this chapter to an

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institution or agency described in the youth rehabilitation

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services act, 1974 PA 150, MCL 803.301 to 803.309, the court shall

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conduct a review hearing to determine whether the juvenile has been

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rehabilitated and whether the juvenile presents a serious risk to

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public safety. If the court determines that the juvenile has not

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been rehabilitated or that the juvenile presents a serious risk to

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public safety, jurisdiction over the juvenile shall be continued or

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the court may commit the juvenile to the department of corrections

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as provided in this section. In making this determination, the

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court shall consider the following:

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(a) The extent and nature of the juvenile's participation in education, counseling, or work programs. (b) The juvenile's willingness to accept responsibility for prior behavior.

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(c) The juvenile's behavior in his or her current placement.

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(d) The juvenile's prior record and character and his or her

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physical and mental maturity. (e) The juvenile's potential for violent conduct as demonstrated by prior behavior. (f) The recommendations of the institution or agency charged

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with the juvenile's care for the juvenile's release or continued

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custody.

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(g) Other information the prosecuting attorney or juvenile may submit. (2) A review hearing shall be scheduled and held unless

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adjourned for good cause as near as possible to, but before, the

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juvenile's nineteenth birthday. If the institution or agency to

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which the juvenile was committed believes that the juvenile has

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been rehabilitated and that the juvenile does not present a serious

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risk to public safety, that institution or agency may petition the

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court to conduct a review hearing at any time before the juvenile

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becomes 19 years of age or, if the court has continued jurisdiction

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under subsection (1), at any time before the juvenile becomes 21

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years of age.

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(3) Not less than 14 days before a review hearing is to be

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conducted, the prosecuting attorney, juvenile, and, if addresses

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are known, the juvenile's parent or guardian shall be notified. The

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notice shall state that the court may extend jurisdiction over the

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juvenile and shall advise the juvenile and the juvenile's parent or

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guardian of the right to legal counsel. If legal counsel has not

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been retained or appointed to represent the juvenile, the court

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shall appoint legal counsel and may assess the cost of providing

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counsel as costs against the juvenile or those responsible for the

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juvenile's support, or both, if the persons to be assessed are

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financially able to comply.

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(4) The institution or agency charged with the care of the

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juvenile shall prepare commitment reports as provided in section 5

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of the juvenile facilities act, 1988 PA 73, MCL 803.225, for use by

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the court at a review hearing held under this section.

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(5) The court shall conduct a final review of the juvenile's

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probation and commitment under section 1(3) or (4) of this chapter

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not less than 3 months before the end of the period that the

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juvenile is on probation and committed to the institution or

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agency. If the court determines at this review that the best

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interests of the public would be served by imposing any other

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sentence provided by law for an adult offender, the court may,

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EXCEPT AS PROVIDED IN SUBSECTION (8), impose the sentence. In

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making its determination, the court shall consider the criteria

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specified in subsection (1) and all of the following criteria:

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(a) The effect of treatment on the juvenile's rehabilitation.

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(b) Whether the juvenile is likely to be dangerous to the

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public if released. (c) The best interests of the public welfare and the protection of public security. (6) Not less than 14 days before a final review hearing under

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subsection (5) is to be conducted, the prosecuting attorney,

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juvenile, and, if addresses are known, the juvenile's parent or

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guardian shall be notified. The notice shall state that the court

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may impose a sentence upon the juvenile under subsection (5) and

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shall advise the juvenile and the juvenile's parent or guardian of

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the right to legal counsel. If legal counsel has not been retained

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or appointed to represent the juvenile, the court shall appoint

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legal counsel and may assess the cost of providing counsel as costs

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against the juvenile or those responsible for the juvenile's

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support, or both, if the persons to be assessed are financially

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able to comply.

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(7) After a sentence is imposed under subsection (1) or (5),

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the juvenile shall receive credit for the period of time served on

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probation and committed to an agency or institution under section

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1(3) or (4) of this chapter.

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(8) THE COURT SHALL NOT SENTENCE AN INDIVIDUAL WHO WAS LESS

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THAN 18 YEARS OF AGE WHEN THE CRIME WAS COMMITTED TO IMPRISONMENT

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FOR LIFE WITHOUT PAROLE ELIGIBILITY.

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SENATE BILL No. 174

SENATE BILL No. 174 January 29, 2009, Introduced by Senators BRATER, SWITALSKI, SCOTT, CLARKCOLEMAN, JACOBS, HUNTER, CLARKE and THOMAS and referred to the Committee on Judiciary. A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2006 PA 167. THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

SENATE BILL No. 174

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Sec. 34. (1) Except as provided in section 34a, a prisoner

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sentenced to an indeterminate sentence and confined in a state

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correctional facility with a minimum in terms of years other than a

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prisoner subject to disciplinary time is subject to the

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jurisdiction of the parole board when the prisoner has served a

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period of time equal to the minimum sentence imposed by the court

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for the crime of which he or she was convicted, less good time and

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disciplinary credits, if applicable.

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(2) Except as provided in section 34a, a prisoner subject to disciplinary time sentenced to an indeterminate sentence and

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confined in a state correctional facility with a minimum in terms

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of years is subject to the jurisdiction of the parole board when

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the prisoner has served a period of time equal to the minimum

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sentence imposed by the court for the crime of which he or she was

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convicted.

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(3) If a prisoner other than a prisoner subject to

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disciplinary time is sentenced for consecutive terms, whether

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received at the same time or at any time during the life of the

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original sentence, the parole board has jurisdiction over the

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prisoner for purposes of parole when the prisoner has served the

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total time of the added minimum terms, less the good time and

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disciplinary credits allowed by statute. The maximum terms of the

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sentences shall be added to compute the new maximum term under this

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subsection, and discharge shall be issued only after the total of

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the maximum sentences has been served less good time and

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disciplinary credits, unless the prisoner is paroled and discharged

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upon satisfactory completion of the parole.

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(4) If a prisoner subject to disciplinary time is sentenced

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for consecutive terms, whether received at the same time or at any

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time during the life of the original sentence, the parole board has

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jurisdiction over the prisoner for purposes of parole when the

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prisoner has served the total time of the added minimum terms. The

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maximum terms of the sentences shall be added to compute the new

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maximum term under this subsection, and discharge shall be issued

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only after the total of the maximum sentences has been served,

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unless the prisoner is paroled and discharged upon satisfactory

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completion of the parole.

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(5) If a prisoner other than a prisoner subject to

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disciplinary time has 1 or more consecutive terms remaining to

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serve in addition to the term he or she is serving, the parole

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board may terminate the sentence the prisoner is presently serving

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at any time after the minimum term of the sentence has been served.

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(6) A prisoner sentenced to imprisonment for life for any of

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the following is not eligible for parole and is instead subject to

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the provisions of section 44:

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(a) First degree murder in violation of section 316 of the Michigan penal code, 1931 PA 328, MCL 750.316. (b) A violation of section 16(5) or 18(7) of the Michigan penal code, 1931 PA 328, MCL 750.16 and 750.18. (c) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a. (d) A violation of section 17764(7) of the public health code, 1978 PA 368, MCL 333.17764. (e) First degree criminal sexual conduct in violation of

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section 520b(2)(c) of the Michigan penal code, 1931 PA 328, MCL

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750.520b.

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(f) Any other violation for which parole eligibility is expressly denied under state law. (7) A prisoner sentenced to imprisonment for life, other than

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a prisoner described in subsection (6), is subject to the

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jurisdiction of the parole board and may be placed on parole

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according to the conditions prescribed in subsection (8) if he or

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she meets any of the following criteria:

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(a) Except as provided in subdivision (b) or (c), the prisoner

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has served 10 calendar years of the sentence for a crime committed

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before October 1, 1992 or 15 calendar years of the sentence for a

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crime committed on or after October 1, 1992.

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(b) Except as provided in subsection (12), the prisoner has

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served 20 calendar years of a sentence for violating or conspiring

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to violate section 7401(2)(a)(i) of the public health code, 1978 PA

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368, MCL 333.7401, and has another conviction for a serious crime.

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(c) Except as provided in subsection (12), the prisoner has served 17-1/2 calendar years of the sentence for violating or

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conspiring to violate section 7401(2)(a)(i) of the public health

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code, 1978 PA 368, MCL 333.7401, and does not have another

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conviction for a serious crime.

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(8) A parole granted to a prisoner under subsection (7) is subject to the following conditions: (a) At the conclusion of 10 calendar years of the prisoner's

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sentence and thereafter as determined by the parole board until the

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prisoner is paroled, discharged, or deceased, and in accordance

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with the procedures described in subsection (9), 1 member of the

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parole board shall interview the prisoner. The interview schedule

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prescribed in this subdivision applies to all prisoners to whom

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subsection (7) applies, regardless of the date on which they were

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sentenced.

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(b) In addition to the interview schedule prescribed in

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subdivision (a), the parole board shall review the prisoner's file

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at the conclusion of 15 calendar years of the prisoner's sentence

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and every 5 years thereafter until the prisoner is paroled,

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discharged, or deceased. A prisoner whose file is to be reviewed

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under this subdivision shall be notified of the upcoming file

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review at least 30 days before the file review takes place and

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shall be allowed to submit written statements or documentary

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evidence for the parole board's consideration in conducting the

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file review.

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(c) A decision to grant or deny parole to the prisoner shall

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not be made until after a public hearing held in the manner

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prescribed for pardons and commutations in sections 44 and 45.

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Notice of the public hearing shall be given to the sentencing

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judge, or the judge's successor in office, and parole shall not be

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granted if the sentencing judge, or the judge's successor in

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office, files written objections to the granting of the parole

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within 30 days of receipt of the notice of hearing. The written

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objections shall be made part of the prisoner's file.

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(d) A parole granted under subsection (7) shall be for a

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period of not less than 4 years and subject to the usual rules

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pertaining to paroles granted by the parole board. A parole granted

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under subsection (7) is not valid until the transcript of the

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record is filed with the attorney general whose certification of

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receipt of the transcript shall be returnable to the office of the

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parole board within 5 days. Except for medical records protected

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under section 2157 of the revised judicature act of 1961, 1961 PA

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236, MCL 600.2157, the file of a prisoner granted a parole under

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subsection (7) is a public record.

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(9) An interview conducted under subsection (8)(a) is subject to both of the following requirements: (a) The prisoner shall be given written notice, not less than

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30 days before the interview date, stating that the interview will

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be conducted.

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(b) The prisoner may be represented at the interview by an

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individual of his or her choice. The representative shall not be

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another prisoner. A prisoner is not entitled to appointed counsel

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at public expense. The prisoner or representative may present

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relevant evidence in favor of holding a public hearing as allowed

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in subsection (8)(b).

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(10) In determining whether a prisoner convicted of violating

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or conspiring to violate section 7401(2)(a)(i) of the public health

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code, 1978 PA 368, MCL 333.7401, and sentenced to imprisonment for

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life before October 1, 1998 is to be released on parole, the parole

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board shall consider all of the following:

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(a) Whether the violation was part of a continuing series of

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violations of section 7401 or 7403 of the public health code, 1978

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PA 368, MCL 333.7401 and 333.7403, by that individual.

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(b) Whether the violation was committed by the individual in concert with 5 or more other individuals.

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(c) Any of the following:

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(i) Whether the individual was a principal administrator,

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organizer, or leader of an entity that the individual knew or had

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reason to know was organized, in whole or in part, to commit

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violations of section 7401 or 7403 of the public health code, 1978

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PA 368, MCL 333.7401 and 333.7403, and whether the violation for

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which the individual was convicted was committed to further the

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interests of that entity.

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(ii) Whether the individual was a principal administrator,

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organizer, or leader of an entity that the individual knew or had

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reason to know committed violations of section 7401 or 7403 of the

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public health code, 1978 PA 368, MCL 333.7401 and 333.7403, and

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whether the violation for which the individual was convicted was

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committed to further the interests of that entity. (iii) Whether the violation was committed in a drug-free school

6 7 8 9

zone. (iv) Whether the violation involved the delivery of a controlled substance to an individual less than 17 years of age or

10

possession with intent to deliver a controlled substance to an

11

individual less than 17 years of age.

12

(11) Except as provided in section 34a, a prisoner's release

13

on parole is discretionary with the parole board. The action of the

14

parole board in granting a parole is appealable by the prosecutor

15

of the county from which the prisoner was committed or the victim

16

of the crime for which the prisoner was convicted. The appeal shall

17

be to the circuit court in the county from which the prisoner was

18

committed, by leave of the court.

19

(12) If the sentencing judge, or his or her successor in

20

office, determines on the record that a prisoner described in

21

subsection (7)(b) or (c) sentenced to imprisonment for life for

22

violating or conspiring to violate section 7401(2)(a)(i) of the

23

public health code, 1978 PA 368, MCL 333.7401, has cooperated with

24

law enforcement, the prisoner is subject to the jurisdiction of the

25

parole board and may be released on parole as provided in

26

subsection (7)(b) or (c) 2-1/2 years earlier than the time

27

otherwise indicated in subsection (7)(b) or (c). The prisoner is

00598'09 b

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8 1

considered to have cooperated with law enforcement if the court

2

determines on the record that the prisoner had no relevant or

3

useful information to provide. The court shall not make a

4

determination that the prisoner failed or refused to cooperate with

5

law enforcement on grounds that the defendant exercised his or her

6

constitutional right to trial by jury. If the court determines at

7

sentencing that the defendant cooperated with law enforcement, the

8

court shall include its determination in the judgment of sentence.

9

(13) An individual convicted of violating or conspiring to

10

violate section 7401(2)(a)(ii) or 7403(2)(a)(ii) of the public health

11

code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003

12

is eligible for parole after serving the minimum of each sentence

13

imposed for that violation or 10 years of each sentence imposed for

14

that violation, whichever is less.

15

(14) An individual convicted of violating or conspiring to

16

violate section 7401(2)(a)(iii) or 7403(2)(a)(iii) of the public health

17

code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003

18

is eligible for parole after serving the minimum of each sentence

19

imposed for that violation or 5 years of each sentence imposed for

20

that violation, whichever is less.

21

(15) An individual convicted of violating or conspiring to

22

violate section 7401(2)(a)(iv) or 7403(2)(a)(iv) of the public health

23

code, 1978 PA 368, MCL 333.7401 and 333.7403, before March 1, 2003

24

who is sentenced to a term of imprisonment that is consecutive to a

25

term of imprisonment imposed for any other violation of section

26

7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv) is eligible for

27

parole after serving 1/2 of the minimum sentence imposed for each

00598'09 b

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9 1

violation of section 7401(2)(a)(iv) or 7403(2)(a)(iv). This

2

subsection does not apply if the sentence was imposed for a

3

conviction for a new offense committed while the individual is on

4

probation or parole.

5

(16) NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS

6

SECTION, AN INDIVIDUAL WHO WAS LESS THAN 18 YEARS OF AGE WHEN HE OR

7

SHE COMMITTED A CRIME FOR WHICH HE OR SHE WAS SENTENCED TO SERVE A

8

MINIMUM TERM OF IMPRISONMENT OF 10 YEARS OR MORE, OR WHO WAS

9

SENTENCED TO IMPRISONMENT FOR LIFE, INCLUDING IMPRISONMENT FOR LIFE

10

WITHOUT PAROLE ELIGIBILITY, WHO HAS SERVED 10 YEARS OF HIS OR HER

11

SENTENCE IS SUBJECT TO THE JURISDICTION OF THE PAROLE BOARD AND MAY

12

BE RELEASED ON PAROLE BY THE PAROLE BOARD. IN DETERMINING WHETHER

13

TO RELEASE AN INDIVIDUAL ON PAROLE UNDER THIS SUBSECTION, THE

14

PAROLE BOARD SHALL CONSIDER ALL OF THE FOLLOWING:

15 16

(A) THE INDIVIDUAL'S AGE AND LEVEL OF MATURITY AT THE TIME OF THE OFFENSE.

17

(B) THE INDIVIDUAL'S DEGREE OF PARTICIPATION IN THE OFFENSE.

18

(C) THE NATURE OF THE OFFENSE.

19

(D) THE SEVERITY OF THE OFFENSE.

20

(E) THE INDIVIDUAL'S PRIOR JUVENILE OR CRIMINAL HISTORY.

21

(F) THE INDIVIDUAL'S LIKELIHOOD TO COMMIT FURTHER OFFENSES.

22

(G) ANY OTHER INFORMATION CONSIDERED RELEVANT BY THE PAROLE

23 24

BOARD. (17) (16) The parole board shall provide notice to the

25

prosecuting attorney of the county in which the individual was

26

convicted before granting parole to the individual under subsection

27

(13), (14), or (15), OR (16).

00598'09 b

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10 1

(18) (17) As used in this section:

2

(a) "Serious crime" means violating or conspiring to violate

3

article 7 of the public health code, 1978 PA 368, MCL 333.7101 to

4

333.7545, that is punishable by imprisonment for more than 4 years,

5

or an offense against a person in violation of section 83, 84, 86,

6

87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d,

7

520g, 529, 529a, or 530 of the Michigan penal code, 1931 PA 328,

8

MCL 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316,

9

750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b,

10 11

750.520c, 750.520d, 750.520g, 750.529, 750.529a, and 750.530. (b) "State correctional facility" means a facility that houses

12

prisoners committed to the jurisdiction of the department, and

13

includes a youth correctional facility operated under section 20g

14

by the department or a private vendor.

15

Enacting section 1. This amendatory act does not take effect

16

unless all of the following bills of the 95th Legislature are

17

enacted into law:

18

(a) Senate Bill No. 173.

19 20

(b) Senate Bill No. 176.

21 22

(c) Senate Bill No. 175.

23

00598'09 b

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SENATE BILL No. 175

SENATE BILL No. 175 January 29, 2009, Introduced by Senators SCOTT, SWITALSKI, BRATER, CLARKCOLEMAN, JACOBS, HUNTER, CLARKE and THOMAS and referred to the Committee on Judiciary. A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506b.

SENATE BILL No. 175

THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1

SEC. 506B. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN

2

THIS ACT, AN INDIVIDUAL WHO WAS LESS THAN 18 YEARS OF AGE AT THE

3

TIME HE OR SHE COMMITTED A CRIME SHALL NOT BE SENTENCED TO

4

IMPRISONMENT FOR LIFE WITHOUT PAROLE ELIGIBILITY FOR THAT CRIME.

5

Enacting section 1. This amendatory act does not take effect

6

unless all of the following bills of the 95th Legislature are

7

enacted into law:

8

(a) Senate Bill No. 173.

9 10

(b) Senate Bill No. 176.

00598'09 c

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2 1 2

(c) Senate Bill No. 174.

3

00598'09 c

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TVD

SENATE BILL No. 176

SENATE BILL No. 176 January 29, 2009, Introduced by Senators SWITALSKI, BRATER, SCOTT, CLARKCOLEMAN, JACOBS, HUNTER, CLARKE and THOMAS and referred to the Committee on Judiciary. A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 2d and 18 of chapter XIIA (MCL 712A.2d and 712A.18), section 2d as amended by 1998 PA 478 and section 18 as amended by 2004 PA 475. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: CHAPTER XIIA

1

SENATE BILL No. 176

2

Sec. 2d. (1) In a petition or amended petition alleging that a

3

juvenile is within the court's jurisdiction under section 2(a)(1)

4

of this chapter for a specified juvenile violation, the prosecuting

5

attorney may designate the case as a case in which the juvenile is

6

to be tried in the same manner as an adult. An amended petition

7

making a designation under this subsection shall be filed only by

8

leave of the court.

00598'09 a

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2 1

(2) In a petition alleging that a juvenile is within the

2

court's jurisdiction under section 2(a)(1) of this chapter for an

3

offense other than a specified juvenile violation, the prosecuting

4

attorney may request that the court designate the case as a case in

5

which the juvenile is to be tried in the same manner as an adult.

6

The court may designate the case following a hearing if it

7

determines that the best interests of the juvenile and the public

8

would be served by the juvenile being tried in the same manner as

9

an adult. In determining whether the best interests of the juvenile

10

and the public would be served, the court shall consider all of the

11

following factors, giving greater weight to the seriousness of the

12

alleged offense and the juvenile's prior delinquency record than to

13

the other factors:

14

(a) The seriousness of the alleged offense in terms of

15

community protection, including, but not limited to, the existence

16

of any aggravating factors recognized by the sentencing guidelines,

17

the use of a firearm or other dangerous weapon, and the impact on

18

any victim.

19

(b) The juvenile's culpability in committing the alleged

20

offense, including, but not limited to, the level of the juvenile's

21

participation in planning and carrying out the offense and the

22

existence of any aggravating or mitigating factors recognized by

23

the sentencing guidelines.

24

(c) The juvenile's prior record of delinquency including, but

25

not limited to, any record of detention, any police record, any

26

school record, or any other evidence indicating prior delinquent

27

behavior.

00598'09 a

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3 1

(d) The juvenile's programming history, including, but not

2

limited to, the juvenile's past willingness to participate

3

meaningfully in available programming.

4 5

(e) The adequacy of the punishment or programming available in the juvenile justice system.

6

(f) The dispositional options available for the juvenile.

7

(3) If a case is designated under this section, the case shall

8

be set for trial in the same manner as the trial of an adult in a

9

court of general criminal jurisdiction unless a probable cause

10 11

hearing is required under subsection (4). (4) If the petition in a case designated under this section

12

alleges an offense that if committed by an adult would be a felony

13

or punishable by imprisonment for more than 1 year, the court shall

14

conduct a probable cause hearing not later than 14 days after the

15

case is designated to determine whether there is probable cause to

16

believe the offense was committed and whether there is probable

17

cause to believe the juvenile committed the offense. This hearing

18

may be combined with the designation hearing under subsection (2)

19

for an offense other than a specified juvenile offense. A probable

20

cause hearing under this section is the equivalent of the

21

preliminary examination in a court of general criminal jurisdiction

22

and satisfies the requirement for that hearing. A probable cause

23

hearing shall be conducted by a judge other than the judge who will

24

try the case if the juvenile is tried in the same manner as an

25

adult.

26 27

(5) If the court determines there is probable cause to believe the offense alleged in the petition was committed and probable

00598'09 a

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4 1

cause to believe the juvenile committed the offense, the case shall

2

be set for trial in the same manner as the trial of an adult in a

3

court of general criminal jurisdiction.

4

(6) If the court determines that an offense did not occur or

5

there is not probable cause to believe the juvenile committed the

6

offense, the court shall dismiss the petition. If the court

7

determines there is probable cause to believe another offense was

8

committed and there is probable cause to believe the juvenile

9

committed that offense, the court may further determine whether the

10

case should be designated as a case in which the juvenile should be

11

tried in the same manner as an adult as provided in subsection (2).

12

If the court designates the case, the case shall be set for trial

13

in the same manner as the trial of an adult in a court of general

14

criminal jurisdiction.

15

(7) If a case is designated under this section, the

16

proceedings are criminal proceedings and shall afford all

17

procedural protections and guarantees to which the juvenile would

18

be entitled if being tried for the offense in a court of general

19

criminal jurisdiction. A plea of guilty or nolo contendere or a

20

verdict of guilty shall result in entry of a judgment of

21

conviction. The conviction shall have the same effect and

22

liabilities as if it had been obtained in a court of general

23

criminal jurisdiction.

24

(8) Following a judgment of conviction, the court shall enter

25

a disposition or impose a sentence authorized under section

26

18(1)(n) 18(1)(M) of this chapter.

27

(9) As used in this section, "specified juvenile violation"

00598'09 a

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5 1 2

means any of the following: (a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

3

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

4

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

5

750.349, 750.520b, 750.529, 750.529a, and 750.531.

6

(b) A violation of section 84 or 110a(2) of the Michigan penal

7

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

8

armed with a dangerous weapon. As used in this subdivision,

9

"dangerous weapon" means 1 or more of the following:

10 11 12

(i) A loaded or unloaded firearm, whether operable or inoperable. (ii) A knife, stabbing instrument, brass knuckles, blackjack,

13

club, or other object specifically designed or customarily carried

14

or possessed for use as a weapon.

15

(iii) An object that is likely to cause death or bodily injury

16

when used as a weapon and that is used as a weapon or carried or

17

possessed for use as a weapon.

18

(iv) An object or device that is used or fashioned in a manner

19

to lead a person to believe the object or device is an object or

20

device described in subparagraphs (i) to (iii).

21

(c) A violation of section 186a of the Michigan penal code,

22

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

23

from a juvenile facility, but only if the juvenile facility from

24

which the juvenile escaped or attempted to escape was 1 of the

25

following:

26 27

(i) A high-security or medium-security facility operated by the family independence agency DEPARTMENT OF HUMAN SERVICES or a county

00598'09 a

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6 1 2

juvenile agency. (ii) A high-security facility operated by a private agency

3

under contract with the family independence agency DEPARTMENT OF

4

HUMAN SERVICES or a county juvenile agency.

5 6 7 8 9 10 11 12 13

(d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403. (e) An attempt to commit a violation described in subdivisions (a) to (d). (f) Conspiracy to commit a violation described in subdivisions (a) to (d). (g) Solicitation to commit a violation described in subdivisions (a) to (d). (h) Any lesser included offense of an offense described in

14

subdivisions (a) to (g) if the juvenile is alleged in the petition

15

to have committed an offense described in subdivisions (a) to (g).

16

(i) Any other offense arising out of the same transaction as

17

an offense described in subdivisions (a) to (g) if the juvenile is

18

alleged in the petition to have committed an offense described in

19

subdivisions (a) to (g).

20

Sec. 18. (1) If the court finds that a juvenile concerning

21

whom a petition is filed is not within this chapter, the court

22

shall enter an order dismissing the petition. Except as otherwise

23

provided in subsection (10), if the court finds that a juvenile is

24

within this chapter, the court may enter any of the following

25

orders of disposition that are appropriate for the welfare of the

26

juvenile and society in view of the facts proven and ascertained:

27

(a) Warn the juvenile or the juvenile's parents, guardian, or

00598'09 a

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7 1

custodian and, except as provided in subsection (7), dismiss the

2

petition.

3

(b) Place the juvenile on probation, or under supervision in

4

the juvenile's own home or in the home of an adult who is related

5

to the juvenile. As used in this subdivision, "related" means an

6

individual who is at least 18 years of age and related to the child

7

by blood, marriage, or adoption, as grandparent, great-grandparent,

8

great-great-grandparent, aunt or uncle, great-aunt or great-uncle,

9

great-great-aunt or great-great-uncle, sibling, stepsibling, nephew

10

or niece, first cousin or first cousin once removed, and the spouse

11

of any of the above, even after the marriage has ended by death or

12

divorce. A child may be placed with the parent of a man whom the

13

court has found probable cause to believe is the putative father if

14

there is no man with legally established rights to the child. This

15

placement of the child with the parent of a man whom the court has

16

found probable cause to believe is the putative father is for the

17

purposes of placement only and is not to be construed as a finding

18

of paternity or to confer legal standing. The court shall order the

19

terms and conditions of probation or supervision, including

20

reasonable rules for the conduct of the parents, guardian, or

21

custodian, if any, as the court determines necessary for the

22

physical, mental, or moral well-being and behavior of the juvenile.

23

The court may order that the juvenile participate in a juvenile

24

drug treatment court under chapter 10A of the revised judicature

25

act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. The court also

26

shall order, as a condition of probation or supervision, that the

27

juvenile shall pay the minimum state cost prescribed by section 18m

00598'09 a

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8 1 2

of this chapter. (c) If a juvenile is within the court's jurisdiction under

3

section 2(a) of this chapter, or under section 2(h) of this chapter

4

for a supplemental petition, place the juvenile in a suitable

5

foster care home subject to the court's supervision. If a juvenile

6

is within the court's jurisdiction under section 2(b) of this

7

chapter, the court shall not place a juvenile in a foster care home

8

subject to the court's supervision.

9

(d) Except as otherwise provided in this subdivision, place

10

the juvenile in or commit the juvenile to a private institution or

11

agency approved or licensed by the department of consumer and

12

industry services for the care of juveniles of similar age, sex,

13

and characteristics. If the juvenile is not a ward of the court,

14

the court shall commit the juvenile to the family independence

15

agency DEPARTMENT OF HUMAN SERVICES or, if the county is a county

16

juvenile agency, to that county juvenile agency for placement in or

17

commitment to such an institution or agency as the family

18

independence agency DEPARTMENT OF HUMAN SERVICES or county juvenile

19

agency determines is most appropriate, subject to any initial level

20

of placement the court designates.

21

(e) Except as otherwise provided in this subdivision, commit

22

the juvenile to a public institution, county facility, institution

23

operated as an agency of the court or county, or agency authorized

24

by law to receive juveniles of similar age, sex, and

25

characteristics. If the juvenile is not a ward of the court, the

26

court shall commit the juvenile to the family independence agency

27

DEPARTMENT OF HUMAN SERVICES or, if the county is a county juvenile

00598'09 a

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9 1

agency, to that county juvenile agency for placement in or

2

commitment to such an institution or facility as the family

3

independence agency DEPARTMENT OF HUMAN SERVICES or county juvenile

4

agency determines is most appropriate, subject to any initial level

5

of placement the court designates. If a child is not less than 17

6

years of age and is in violation of a personal protection order,

7

the court may commit the child to a county jail within the adult

8

prisoner population. In a placement under subdivision (d) or a

9

commitment under this subdivision, except to a state institution or

10

a county juvenile agency institution, the juvenile's religious

11

affiliation shall be protected by placement or commitment to a

12

private child-placing or child-caring agency or institution, if

13

available. Except for commitment to the family independence agency

14

DEPARTMENT OF HUMAN SERVICES or a county juvenile agency, an order

15

of commitment under this subdivision to a state institution or

16

agency described in the youth rehabilitation services act, 1974 PA

17

150, MCL 803.301 to 803.309, or in 1935 PA 220, MCL 400.201 to

18

400.214, the court shall name the superintendent of the institution

19

to which the juvenile is committed as a special guardian to receive

20

benefits due the juvenile from the government of the United States.

21

An order of commitment under this subdivision to the family

22

independence agency DEPARTMENT OF HUMAN SERVICES or a county

23

juvenile agency shall name that agency as a special guardian to

24

receive those benefits. The benefits received by the special

25

guardian shall be used to the extent necessary to pay for the

26

portions of the cost of care in the institution or facility that

27

the parent or parents are found unable to pay.

00598'09 a

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10 1

(f) Provide the juvenile with medical, dental, surgical, or

2

other health care, in a local hospital if available, or elsewhere,

3

maintaining as much as possible a local physician-patient

4

relationship, and with clothing and other incidental items the

5

court determines are necessary.

6

(g) Order the parents, guardian, custodian, or any other

7

person to refrain from continuing conduct that the court determines

8

has caused or tended to cause the juvenile to come within or to

9

remain under this chapter or that obstructs placement or commitment

10 11

of the juvenile by an order under this section. (h) Appoint a guardian under section 5204 of the estates and

12

protected individuals code, 1998 PA 386, MCL 700.5204, in response

13

to a petition filed with the court by a person interested in the

14

juvenile's welfare. If the court appoints a guardian as authorized

15

by this subdivision, it may dismiss the petition under this

16

chapter.

17

(i) Order the juvenile to engage in community service.

18

(j) If the court finds that a juvenile has violated a

19

municipal ordinance or a state or federal law, order the juvenile

20

to pay a civil fine in the amount of the civil or penal fine

21

provided by the ordinance or law. Money collected from fines levied

22

under this subsection shall be distributed as provided in section

23

29 of this chapter.

24

(k) If a juvenile is within the court's jurisdiction under

25

section 2(a)(1) of this chapter, order the juvenile's parent or

26

guardian to personally participate in treatment reasonably

27

available in the parent's or guardian's location.

00598'09 a

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11 1

(l) If a juvenile is within the court's jurisdiction under

2

section 2(a)(1) of this chapter, place the juvenile in and order

3

the juvenile to complete satisfactorily a program of training in a

4

juvenile boot camp established by the family independence agency

5

DEPARTMENT OF HUMAN SERVICES under the juvenile boot camp act, 1996

6

PA 263, MCL 400.1301 to 400.1309, as provided in that act. If the

7

county is a county juvenile agency, however, the court shall commit

8

the juvenile to that county juvenile agency for placement in the

9

program under that act. Upon receiving a report of satisfactory

10

completion of the program from the family independence agency

11

DEPARTMENT OF HUMAN SERVICES, the court shall authorize the

12

juvenile's release from placement in the juvenile boot camp.

13

Following satisfactory completion of the juvenile boot camp

14

program, the juvenile shall complete an additional period of not

15

less than 120 days or more than 180 days of intensive supervised

16

community reintegration in the juvenile's local community. To place

17

or commit a juvenile under this subdivision, the court shall

18

determine all of the following:

19 20 21 22 23 24 25 26 27

(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.

00598'09 a

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12 1

(vi) If the court must commit the juvenile to a county juvenile

2

agency, the county juvenile agency is able to place the juvenile in

3

a juvenile boot camp program.

4

(m) If the court entered a judgment of conviction under

5

section 2d of this chapter, enter any disposition under this

6

section or, if the court determines that the best interests of the

7

public would be served, impose any sentence upon the juvenile that

8

could be imposed upon an adult convicted of the offense for which

9

the juvenile was convicted, OTHER THAN IMPRISONMENT FOR LIFE

10

WITHOUT PAROLE ELIGIBILITY. If the juvenile is convicted of a

11

violation or conspiracy to commit a violation of section

12

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7403,

13

the court may impose the alternative sentence permitted under that

14

section if the court determines that the best interests of the

15

public would be served. The court may delay imposing a sentence of

16

imprisonment under this subdivision for a period not longer than

17

the period during which the court has jurisdiction over the

18

juvenile under this chapter by entering an order of disposition

19

delaying imposition of sentence and placing the juvenile on

20

probation upon the terms and conditions it considers appropriate,

21

including any disposition under this section. If the court delays

22

imposing sentence under this section, section 18i of this chapter

23

applies. If the court imposes sentence, it shall enter a judgment

24

of sentence. If the court imposes a sentence of imprisonment, the

25

juvenile shall receive credit against the sentence for time served

26

before sentencing. In determining whether to enter an order of

27

disposition or impose a sentence under this subdivision, the court

00598'09 a

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13 1

shall consider all of the following factors, giving greater weight

2

to the seriousness of the offense and the juvenile's prior record:

3

(i) The seriousness of the offense in terms of community

4

protection, including, but not limited to, the existence of any

5

aggravating factors recognized by the sentencing guidelines, the

6

use of a firearm or other dangerous weapon, and the impact on any

7

victim.

8 9

(ii) The juvenile's culpability in committing the offense, including, but not limited to, the level of the juvenile's

10

participation in planning and carrying out the offense and the

11

existence of any aggravating or mitigating factors recognized by

12

the sentencing guidelines.

13

(iii) The juvenile's prior record of delinquency including, but

14

not limited to, any record of detention, any police record, any

15

school record, or any other evidence indicating prior delinquent

16

behavior.

17

(iv) The juvenile's programming history, including, but not

18

limited to, the juvenile's past willingness to participate

19

meaningfully in available programming.

20 21

(v) The adequacy of the punishment or programming available in the juvenile justice system.

22

(vi) The dispositional options available for the juvenile.

23

(2) An order of disposition placing a juvenile in or

24

committing a juvenile to care outside of the juvenile's own home

25

and under state, county juvenile agency, or court supervision shall

26

contain a provision for reimbursement by the juvenile, parent,

27

guardian, or custodian to the court for the cost of care or

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14 1

service. The order shall be reasonable, taking into account both

2

the income and resources of the juvenile, parent, guardian, or

3

custodian. The amount may be based upon the guidelines and model

4

schedule created under subsection (6). If the juvenile is receiving

5

an adoption support subsidy under sections 115f to 115m of the

6

social welfare act, 1939 PA 280, MCL 400.115f to 400.115m, the

7

amount shall not exceed the amount of the support subsidy. The

8

reimbursement provision applies during the entire period the

9

juvenile remains in care outside of the juvenile's own home and

10

under state, county juvenile agency, or court supervision, unless

11

the juvenile is in the permanent custody of the court. The court

12

shall provide for the collection of all amounts ordered to be

13

reimbursed and the money collected shall be accounted for and

14

reported to the county board of commissioners. Collections to cover

15

delinquent accounts or to pay the balance due on reimbursement

16

orders may be made after a juvenile is released or discharged from

17

care outside the juvenile's own home and under state, county

18

juvenile agency, or court supervision. Twenty-five percent of all

19

amounts collected under an order entered under this subsection

20

shall be credited to the appropriate fund of the county to offset

21

the administrative cost of collections. The balance of all amounts

22

collected under an order entered under this subsection shall be

23

divided in the same ratio in which the county, state, and federal

24

government participate in the cost of care outside the juvenile's

25

own home and under state, county juvenile agency, or court

26

supervision. The court may also collect from the government of the

27

United States benefits paid for the cost of care of a court ward.

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15 1

Money collected for juveniles placed by the court with or committed

2

to the family independence agency DEPARTMENT OF HUMAN SERVICES or a

3

county juvenile agency shall be accounted for and reported on an

4

individual juvenile basis. In cases of delinquent accounts, the

5

court may also enter an order to intercept state or federal tax

6

refunds of a juvenile, parent, guardian, or custodian and initiate

7

the necessary offset proceedings in order to recover the cost of

8

care or service. The court shall send to the person who is the

9

subject of the intercept order advance written notice of the

10

proposed offset. The notice shall include notice of the opportunity

11

to contest the offset on the grounds that the intercept is not

12

proper because of a mistake of fact concerning the amount of the

13

delinquency or the identity of the person subject to the order. The

14

court shall provide for the prompt reimbursement of an amount

15

withheld in error or an amount found to exceed the delinquent

16

amount.

17

(3) An order of disposition placing a juvenile in the

18

juvenile's own home under subsection (1)(b) may contain a provision

19

for reimbursement by the juvenile, parent, guardian, or custodian

20

to the court for the cost of service. If an order is entered under

21

this subsection, an amount due shall be determined and treated in

22

the same manner provided for an order entered under subsection (2).

23

(4) An order directed to a parent or a person other than the

24

juvenile is not effective and binding on the parent or other person

25

unless opportunity for hearing is given by issuance of summons or

26

notice as provided in sections 12 and 13 of this chapter and until

27

a copy of the order, bearing the seal of the court, is served on

00598'09 a

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16 1

the parent or other person as provided in section 13 of this

2

chapter.

3

(5) If the court appoints an attorney to represent a juvenile,

4

parent, guardian, or custodian, the court may require in an order

5

entered under this section that the juvenile, parent, guardian, or

6

custodian reimburse the court for attorney fees.

7

(6) The office of the state court administrator, under the

8

supervision and direction of the supreme court, shall create

9

guidelines that the court may use in determining the ability of the

10

juvenile, parent, guardian, or custodian to pay for care and any

11

costs of service ordered under subsection (2) or (3). The

12

guidelines shall take into account both the income and resources of

13

the juvenile, parent, guardian, or custodian.

14

(7) If the court finds that a juvenile comes under section 30

15

of this chapter, the court shall order the juvenile or the

16

juvenile's parent to pay restitution as provided in sections 30 and

17

31 of this chapter and in sections 44 and 45 of the WILLIAM VAN

18

REGENMORTER crime victim's rights act, 1985 PA 87, MCL 780.794 and

19

780.795.

20

(8) If the court imposes restitution as a condition of

21

probation, the court shall require the juvenile to do either of the

22

following as an additional condition of probation:

23 24 25 26 27

(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. (9) If the court finds that the juvenile is in intentional

00598'09 a

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17 1

default of the payment of restitution, a court may, as provided in

2

section 31 of this chapter, revoke or alter the terms and

3

conditions of probation for nonpayment of restitution. If a

4

juvenile who is ordered to engage in community service

5

intentionally refuses to perform the required community service,

6

the court may revoke or alter the terms and conditions of

7

probation.

8 9

(10) The court shall not enter an order of disposition for a juvenile offense as defined in section 1a of 1925 PA 289, MCL

10

28.241a, or a judgment of sentence for a conviction until the court

11

has examined the court file and has determined that the juvenile's

12

fingerprints have been taken and forwarded as required by section 3

13

of 1925 PA 289, MCL 28.243, and as required by the sex offenders

14

registration act, 1994 PA 295, MCL 28.721 to 28.732 28.736. If a

15

juvenile has not had his or her fingerprints taken, the court shall

16

do either of the following:

17

(a) Order the juvenile to submit himself or herself to the

18

police agency that arrested or obtained the warrant for the

19

juvenile's arrest so the juvenile's fingerprints can be taken and

20

forwarded.

21 22 23

(b) Order the juvenile committed to the sheriff's custody for taking and forwarding the juvenile's fingerprints. (11) Upon final disposition, conviction, acquittal, or

24

dismissal of an offense within the court's jurisdiction under

25

section 2(a)(1) of this chapter, using forms approved by the state

26

court administrator, the clerk of the court entering the final

27

disposition, conviction, acquittal, or dismissal shall immediately

00598'09 a

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18 1

advise the department of state police of that final disposition,

2

conviction, acquittal, or dismissal as required by section 3 of

3

1925 PA 289, MCL 28.243. The report to the department of state

4

police shall include information as to the finding of the judge or

5

jury and a summary of the disposition or sentence imposed.

6

(12) If the court enters an order of disposition based on an

7

act that is a juvenile offense as defined in section 1 of 1989 PA

8

196, MCL 780.901, the court shall order the juvenile to pay the

9

assessment as provided in that act. If the court enters a judgment

10

of conviction under section 2d of this chapter for an offense that

11

is a felony, serious misdemeanor, or specified misdemeanor as

12

defined in section 1 of 1989 PA 196, MCL 780.901, the court shall

13

order the juvenile to pay the assessment as provided in that act.

14

(13) If the court has entered an order of disposition or a

15

judgment of conviction for a listed offense as defined in section 2

16

of the sex offenders registration act, 1994 PA 295, MCL 28.722, the

17

court, the family independence agency DEPARTMENT OF HUMAN SERVICES,

18

or the county juvenile agency shall register the juvenile or accept

19

the juvenile's registration as provided in the sex offenders

20

registration act, 1994 PA 295, MCL 28.721 to 28.732 28.736.

21

(14) If the court enters an order of disposition placing a

22

juvenile in a juvenile boot camp program, or committing a juvenile

23

to a county juvenile agency for placement in a juvenile boot camp

24

program, and the court receives from the family independence agency

25

DEPARTMENT OF HUMAN SERVICES a report that the juvenile has failed

26

to perform satisfactorily in the program, that the juvenile does

27

not meet the program's requirements or is medically unable to

00598'09 a

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19 1

participate in the program for more than 25 days, that there is no

2

opening in a juvenile boot camp program, or that the county

3

juvenile agency is unable to place the juvenile in a juvenile boot

4

camp program, the court shall release the juvenile from placement

5

or commitment and enter an alternative order of disposition. A

6

juvenile shall not be placed in a juvenile boot camp under an order

7

of disposition more than once, except that a juvenile returned to

8

the court for a medical condition, because there was no opening in

9

a juvenile boot camp program, or because the county juvenile agency

10

was unable to place the juvenile in a juvenile boot camp program

11

may be placed again in the juvenile boot camp program after the

12

medical condition is corrected, an opening becomes available, or

13

the county juvenile agency is able to place the juvenile.

14

(15) If the juvenile is within the court's jurisdiction under

15

section 2(a)(1) of this chapter for an offense other than a listed

16

offense as defined in section 2(e)(i) to (ix) (x) and (xi) (xii) to

17

(xiii) (xiv) of the sex offenders registration act, 1994 PA 295, MCL

18

28.722, the court shall determine if the offense is a violation of

19

a law of this state or a local ordinance of a municipality of this

20

state that by its nature constitutes a sexual offense against an

21

individual who is less than 18 years of age. If so, the order of

22

disposition is for a listed offense as defined in section 2(e)(x)

23

2(E)(xi) of the sex offenders registration act, 1994 PA 295, MCL

24

28.722, and the court shall include the basis for that

25

determination on the record and include the determination in the

26

order of disposition.

27

(16) The court shall not impose a sentence of imprisonment in

00598'09 a

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20 1

the county jail under subsection (1)(m) unless the present county

2

jail facility for the juvenile's imprisonment would meet all

3

requirements under federal law and regulations for housing

4

juveniles. The court shall not impose the sentence until it

5

consults with the sheriff to determine when the sentence will begin

6

to ensure that space will be available for the juvenile.

7

(17) In a proceeding under section 2(h) of this chapter, this

8

section only applies to a disposition for a violation of a personal

9

protection order and subsequent proceedings.

10

(18) If a juvenile is within the court's jurisdiction under

11

section 2(a)(1) of this chapter, the court shall order the juvenile

12

to pay costs as provided in section 18m of this chapter.

13

(19) A juvenile who has been ordered to pay the minimum state

14

cost as provided in section 18m of this chapter as a condition of

15

probation or supervision and who is not in willful default of the

16

payment of the minimum state cost may petition the court at any

17

time for a remission of the payment of any unpaid portion of the

18

minimum state cost. If the court determines that payment of the

19

amount due will impose a manifest hardship on the juvenile or his

20

or her immediate family, the court may remit all or part of the

21

amount of the minimum state cost due or modify the method of

22

payment.

23

Enacting section 1. This amendatory act does not take effect

24

unless all of the following bills of the 95th Legislature are

25

enacted into law:

26

(a) Senate Bill No. 173.

27

00598'09 a

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21 1

(b) Senate Bill No. 174.

2 3

(c) Senate Bill No. 175.

4

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