SENATE BILL No. 91

 

 

February 7, 2019, Introduced by Senator MACDONALD and referred to the Committee on Judiciary and Public Safety.

 

 

 

     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 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 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, 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 years of age is confined in the county jail under this

 

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

 

shall be held physically separate from adult prisoners. A juvenile

 

or individual less than 17 years of age shall 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.

 

     (2) (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.

 

     (3) (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 January

 

1, 2021.