DIVERSION; CONSENT CALENDAR S.B. 427 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 427 (Substitute S-1 as reported)
Sponsor: Senator Mallory McMorrow
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would amend the juvenile Code to do the following:
-- Modify the factors a court would have to consider before electing to try a juvenile in the same manner as an adult.
-- Specify that the terms of a consent calendar case plan could not exceed three months unless the court made a specific determination otherwise.
BRIEF RATIONALE
Governor Whitmer signed Executive Order 2021-6 on June 9, 2021, which created the Task Force on Juvenile Justice Reform (Task Force) within the Department of Health and Human Services (DHHS). The Task Force was charged with analyzing Michigan's juvenile justice system and recommending changes to State law, policy, and appropriations aimed to improve youth outcomes. The Task Force found that the lack of State centralization in juvenile justice has led to discrepancies in the implementation of research-based, developmentally appropriate practices across the State. Accordingly, it has been suggested that the State standardize practices to better inform diversion and consent calendar decisions.
Legislative Analyst: Tyler P. VanHuyse
FISCAL IMPACT
The bill would require courts to include consideration of a particular juvenile s developmental maturity, emotional health, and mental health during hearings to determine if the juvenile should be tried as an adult. No additional costs to local courts are anticipated by this procedural change and no appropriations have been made to date to accommodate this change. The bill would have no fiscal impact on the DHHS or local units of government.
Date Completed: 10-3-23 Fiscal Analyst: Humphrey Akujobi
Joe Carrasco, Jr.
Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.