SENATE BILL No. 1218

 

 

July 18, 2012, Introduced by Senator CASWELL and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1974 PA 150, entitled

 

"Youth rehabilitation services act,"

 

by amending section 7 (MCL 803.307), as amended by 1998 PA 517.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) A youth accepted by a youth agency remains a

 

public ward until discharged from public wardship with the approval

 

of any of the following and, if placed in an institution, shall

 

remain until released with the approval of any of the following:

 

     (a) If the youth was committed to a youth agency under section

 

18(1)(e) of chapter XIIA of 1939 PA 288, MCL 712A.18, and the youth

 

was adjudicated as being in the court's jurisdiction under section

 

2(a) of chapter XIIA of 1939 PA 288, MCL 712A.2, with the approval

 

of the family division of circuit court.

 


     (b) If the youth was committed to a youth agency under section

 

1 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.1, with the approval of the court of general criminal

 

jurisdiction under section 1b of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.1b.

 

     (2) Except as otherwise provided in this section, a youth

 

accepted as a public ward shall be automatically discharged from

 

public wardship upon reaching the age of 19. Except as provided in

 

subsection (3), a youth committed to a youth agency under section

 

18(1)(e) of chapter XIIA of 1939 PA 288, MCL 712A.18, for an

 

offense that, if committed by an adult, would be a violation or

 

attempted violation of section 72, 83, 84, 86, 88, 89, 91, 110a(2),

 

186a, 316, 317, 349, 520b, 520c, 520d, 520g, 529, 529a, 530, or 531

 

of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83,

 

750.84, 750.86, 750.88, 750.89, 750.91, 750.110a, 750.186a,

 

750.316, 750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.520g,

 

750.529, 750.529a, 750.530, and 750.531, or section 7401(2)(a)(i) or

 

7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401

 

and 333.7403, shall be automatically discharged from public

 

wardship upon reaching the age of 21. Except as provided in

 

subsection (4), a youth committed to a youth agency under section 1

 

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.1, shall be automatically discharged from public wardship upon

 

reaching the age of 21.

 

     (3) If the family division of circuit court imposes a delayed

 

sentence on the youth under section 18(1)(n) 18(1)(l) of chapter

 

XIIA of 1939 PA 288, MCL 712A.18, the youth shall be discharged

 


from public wardship and committed under the court's order.

 

     (4) If a court of general criminal jurisdiction sentences the

 

youth to a sentence provided by law for an adult offender under

 

section 1b of chapter IX of the code of criminal procedure, 1927 PA

 

175, MCL 769.1b, the youth shall be discharged from public wardship

 

and committed under the court's order.