SENATE BILL NO. 1189 June 4, 1998, Introduced by Senator CISKY and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending the title and sections 2, 3, 4, 5, 5a, and 6 (MCL 803.222, 803.223, 803.224, 803.225, 803.225a, and 803.226), sec- tions 2 and 4 as amended by 1996 PA 416 and section 5a as added by 1996 PA 511. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for certain responsibilities and duties of 3 thedepartment of social servicesFAMILY INDEPENDENCE AGENCY 4 AND COUNTY JUVENILE AGENCIES and certain facilities, institu- 5 tions, and agencies; and to provide for the preparation of cer- 6 tain reports pertaining to certain juveniles. 7 Sec. 2. As used in this act: S03600'97 a ** TLG 2 1 (A) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN 2 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT. 3 (B)(a)"Department" means the family independence 4 agency. 5 (C)(b)"Juvenile" means a person within the jurisdiction 6 of the family division of the circuit court under section 2(a) of 7 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being8section 712A.2 of the Michigan Compiled Laws1939 PA 288, MCL 9 712A.2, OR within the jurisdiction of the circuit court under 10 section 606 of the revised judicature act of 1961,Act No. 23611of the Public Acts of 1961, being section 600.606 of the Michigan12Compiled Laws, or within the jurisdiction of the recorder's court13of the city of Detroit under section 10a(1)(c) of Act No. 369 of14the Public Acts of 1919, being section 725.10a of the Michigan15Compiled Laws1961 PA 236, MCL 600.606. 16 (D)(c)"Juvenile facility" means a county facility, an 17 institution operated as an agency of the county or the family 18 division ofthecircuit court, ora stateAN institution or 19 agency described in the youth rehabilitation services act,Act20No. 150 of the Public Acts of 1974, being sections 803.301 to21803.309 of the Michigan Compiled Laws1974 PA 150, MCL 803.301 22 TO 803.309, to which a juvenile has been committed under section 23 18(1)(e) of chapter XIIA ofAct No. 288 of the Public Acts of241939, being section 712A.18 of the Michigan Compiled Laws1939 25 PA 288, MCL 712A.18, or under section 27a of chapter IV or sec- 26 tion 1 of chapter IX of the code of criminal procedure,Act27No. 175 of the Public Acts of 1927, being sections 764.27a andS03600'97 a ** 3 1769.1 of the Michigan Compiled Laws1927 PA 175, MCL 764.27A AND 2 769.1. 3 Sec. 3. If a juvenile is committed to a juvenile facility, 4 the department OR COUNTY JUVENILE AGENCY, AS APPLICABLE, shall 5 prepare for the court that committed the juvenile AN annual 6reportsREPORT stating the services being provided to the juve- 7 nile, where the juvenile has been placed, and the juvenile's 8 progress in that placement. 9 Sec. 4. (1) If a juvenile within the jurisdiction of the 10 circuit court under section 606 of the revised judicature act of 11 1961,Act No. 236 of the Public Acts of 1961, being section12600.606 of the Michigan Compiled Laws, or within the jurisdiction13of the recorder's court of the city of Detroit under section1410a(1)(c) of Act No. 369 of the Public Acts of 1919, being sec-15tion 725.10a of the Michigan Compiled Laws1961 PA 236, MCL 16 600.606, is committed to a juvenile facility pending trial, the 17 department OR COUNTY JUVENILE AGENCY, AS APPLICABLE, shall 18 inquire into the juvenile's antecedents, character, and circum- 19 stances and shall report in writing to the court before the 20 juvenile's sentencing. 21 (2) A report prepared under subsection (1) shall include all 22 of the following: 23 (a) An evaluation of and a prognosis for the juvenile's 24 adjustment in the community based on factual information con- 25 tained in the report. 26 (b) A recommendation as to whether the juvenile is more 27 likely to be rehabilitated by the services and facilities S03600'97 a ** 4 1 available in adult programs and procedures than in juvenile 2 programs and procedures. 3 (c) A recommendation as to what disposition is in the best 4 interests of the public welfare and the protection of the public 5 security. 6 Sec. 5. (1) Before a juvenile hearing under section 18d of 7 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being8section 712A.18d of the Michigan Compiled Laws1939 PA 288, MCL 9 712A.18D, or under section 1b of chapter IX of the code of crimi- 10 nal procedure,Act No. 175 of the Public Acts of 1927, being11section 769.1b of the Michigan Compiled Laws1927 PA 175, MCL 12 769.1B, the department OR COUNTY JUVENILE AGENCY, AS APPLICABLE, 13 shall prepare a commitment report for the court. A commitment 14 report shall include all of the following: 15 (a) The services and programs currently being utilized by, 16 or offered to, the juvenile and the juvenile's participation in 17 those services and programs. 18 (b) Where the juvenile currently resides and the juvenile's 19 behavior in his or her current placement. 20 (c) The juvenile's efforts toward rehabilitation. 21 (d) Recommendations for the juvenile's release or continued 22 custody. 23 (2) If the department OR COUNTY JUVENILE AGENCY, AS 24 APPLICABLE, believes that the juvenile has been rehabilitated and 25 does not present a serious risk to public safety, the department 26 OR COUNTY JUVENILE AGENCY may petition the court to conduct a 27 review hearing at any time before the juvenile becomes 19 years S03600'97 a ** 5 1 of age,or, if the committing court has continued jurisdiction 2 over the juvenile, at any time before the juvenile becomes 21 3 years of age. 4 (3) The annual report required by section 3 may be combined 5 with a review hearing under this section. 6 Sec. 5a. (1) A juvenile convicted of or found responsible 7 for a violation of section 91, 316, or 317 of the Michigan penal 8 code,Act No. 328 of the Public Acts of 1931, being sections9750.91, 750.316, and 750.317 of the Michigan Compiled Laws1931 10 PA 328, MCL 750.91, 750.316, AND 750.317, or a violation or 11 attempted violation of section 349, 520b, 520c, 520d, 520e, or 12 520g ofAct No. 328 of the Public Acts of 1931, being sections13750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of14the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 15 MCL 750.349, 750.520B, 750.520C, 750.520D, 750.520E, AND 16 750.520G, who is under the supervision of thefamily indepen-17dence agencyDEPARTMENT OR A COUNTY JUVENILE AGENCY under sec- 18 tion 18 of chapter XIIA ofAct No. 288 of the Public Acts of191939, being section 712A.18 of the Michigan Compiled Laws1939 20 PA 288, MCL 712A.18, shall not be placed in a community placement 21 of any kind and shall not be discharged from wardship until he or 22 she has provided samples for chemical testing for DNA identifica- 23 tion profiling or a determination of the sample's genetic markers 24 and has provided samples for a determination of his or her secre- 25 tor status. However, if, at the time the juvenile is to be dis- 26 charged from wardship, the department of state police already has 27 a sample from the juvenile that meets the requirements of the S03600'97 a ** 6 1 rules promulgated under the DNA identification profiling system 2 act,Act No. 250 of the Public Acts of 1990, being sections328.171 to 28.176 of the Michigan Compiled Laws1990 PA 250, MCL 4 28.171 TO 28.176, the juvenile is not required to provide another 5 sample. 6 (2) The samples required to be collected under this section 7 shall be collected by the department OR COUNTY JUVENILE AGENCY, 8 AS APPLICABLE, and transmitted by the department OR COUNTY JUVE- 9 NILE AGENCY to the department of state police in the manner pre- 10 scribed by rules promulgated under the DNA identification profil- 11 ing system act,Act No. 250 of the Public Acts of 19901990 PA 12 250, MCL 28.171 TO 28.176. 13 (3) The department OR COUNTY JUVENILE AGENCY may collect a 14 sample under this section regardless of whether the juvenile con- 15 sents to the collection. The department OR COUNTY JUVENILE 16 AGENCY is not required to give the juvenile an opportunity for a 17 hearing or obtain a court order before collecting the sample. 18 (4) As used in this section, "sample" means a portion of a 19 juvenile's blood, saliva, or tissue collected from the juvenile. 20 Sec. 6. The department AND A COUNTY JUVENILE AGENCY may 21 enter into contracts necessary to carry out the duties and 22 responsibilities of this act. 23 Enacting section 1. This amendatory act does not take 24 effect unless all of the following bills of the 89th Legislature 25 are enacted into law: 26 (a) Senate Bill No. 1183. 27 S03600'97 a ** 7 1 (b) Senate Bill No. 1184. 2 3 (c) Senate Bill No. 1185. 4 5 (d) Senate Bill No. 1186. 6 7 (e) Senate Bill No. 1187. 8 9 (f) Senate Bill No. 1196. 10 11 (g) Senate Bill No. 1197. 12 S03600'97 a ** Final page. TLG