HB-4145, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4145

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 27a of chapter IV (MCL 764.27a), as amended by

 

1996 PA 254.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 27a. (1) A juvenile, other than a juvenile confined under

 

subsection (3), shall must not be confined in a police station,

 

prison, jail, lock-up, or reformatory, or be transported with, or

 

compelled or permitted to associate or mingle with, criminal

 

persons while awaiting trial.

 

     (2) A juvenile, other than a juvenile confined under

 

subsection (3), whose habits or conduct are considered to be a

 

menace to other children, or who may not otherwise be safely

detained, may be ordered by a court to be placed in a jail or other

 

place of detention for adults, but in a room or ward out of sight

 

and sound from adults.

 

     (3) A juvenile or individual less than 17 18 years of age who

 

is under the jurisdiction of the circuit court or recorder's court

 

of the city of Detroit for committing a felony may be confined in

 

the county jail pending trial. An individual less than 17 18 years

 

of age who is under the jurisdiction of the probate court for

 

committing a felony may be held in the county jail pending trial if

 

the case is designated by the court under section 2d of chapter

 

XIIA of Act No. 288 of the Public Acts of 1939, being section

 

712A.2d of the Michigan Compiled Laws, the probate code of 1939,

 

1939 PA 288, MCL 712A.2d, as a case in which the individual is to

 

be tried in the same manner as an adult and the court has

 

determined that there is probable cause to believe that the felony

 

was committed and that there is probable cause to believe the

 

individual committed that felony. If a juvenile or individual less

 

than 17 18 years of age is confined in the county jail under this

 

subsection, the juvenile or individual less than 17 18 years of age

 

shall must be held physically separate from adult prisoners. A

 

juvenile or individual less than 17 18 years of age shall must not

 

be confined in the county jail under this subsection without the

 

prior approval of the county sheriff. As used in this subsection,

 

"felony" means a crime that is designated by law as a felony or

 

that is punishable by imprisonment for more than 1 year.

 

     (4) The court, upon motion of a juvenile or individual less

 

than 17 18 years of age who is subject to confinement under

subsection (3) may, for good cause shown, order the juvenile or

 

individual less than 17 18 years of age to be confined as otherwise

 

provided by law.

 

     (5) If a person is convicted of a crime within this state and

 

has served time in a juvenile facility before sentencing because of

 

being denied or being unable to furnish bond for the offense of

 

which he or she is convicted, the trial court in imposing sentence

 

shall specifically grant credit against the sentence for time

 

served in a juvenile facility before sentencing.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.