HOUSE BILL No. 5335 October 30, 1997, Introduced by Reps. Hale, Law, Leland and Kelly and referred to the Committee on Appropriations. 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), the title as amended by 1988 PA 176, sections 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: 03600'97 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, within the jurisdiction of the circuit court under sec- 10 tion 606 of the revised judicature act of 1961,Act No. 236 of11the Public Acts of 1961, being section 600.606 of the Michigan12Compiled Laws1961 PA 236, MCL 600.606, or within the jurisdic- 13 tion of the recorder's court of the city of Detroit under section 14 10a(1)(c) ofAct No. 369 of the Public Acts of 1919, being sec-15tion 725.10a of the Michigan Compiled Laws1919 PA 369, MCL 16 725.10A. 17 (D)(c)"Juvenile facility" means a county facility, an 18 institution operated as an agency of the county or the family 19 division ofthecircuit court, ora stateAN institution or 20 agency described in the youth rehabilitation services act,Act21No. 150 of the Public Acts of 1974, being sections 803.301 to22803.309 of the Michigan Compiled Laws1974 PA 150, MCL 803.301 23 TO 803.309, to which a juvenile has been committed under section 24 18(1)(e) of chapter XIIA ofAct No. 288 of the Public Acts of251939, being section 712A.18 of the Michigan Compiled Laws1939 26 PA 288, MCL 712A.18, or under section 27a of chapter IV or 27 section 1 of chapter IX of the code of criminal procedure,Act03600'97 a * 3 1No. 175 of the Public Acts of 1927, being sections 764.27a and2769.1 of the Michigan Compiled Laws1927 PA 175, MCL 764.27A AND 3 769.1. 4 Sec. 3. If a juvenile is committed to a juvenile facility, 5 the department OR COUNTY JUVENILE AGENCY, AS APPLICABLE, shall 6 prepare for the court that committed the juvenile AN annual 7reportsREPORT stating the services being provided to the juve- 8 nile, where the juvenile has been placed, and the juvenile's 9 progress in that placement. 10 Sec. 4. (1) If a juvenile within the jurisdiction of the 11 circuit court under section 606 of the revised judicature act of 12 1961,Act No. 236 of the Public Acts of 1961, being section13600.606 of the Michigan Compiled Laws1961 PA 236, MCL 600.606, 14 or within the jurisdiction of the recorder's court of the city of 15 Detroit under section 10a(1)(c) ofAct No. 369 of the Public16Acts of 1919, being section 725.10a of the Michigan Compiled17Laws1919 PA 369, MCL 725.10A, is committed to a juvenile facil- 18 ity pending trial, the department OR COUNTY JUVENILE AGENCY, AS 19 APPLICABLE, shall inquire into the juvenile's antecedents, char- 20 acter, and circumstances and shall report in writing to the court 21 before the juvenile's sentencing. 22 (2) A report prepared under subsection (1) shall include all 23 of the following: 24 (a) An evaluation of and a prognosis for the juvenile's 25 adjustment in the community based on factual information con- 26 tained in the report. 03600'97 a * 4 1 (b) A recommendation as to whether the juvenile is more 2 likely to be rehabilitated by the services and facilities 3 available in adult programs and procedures than in juvenile pro- 4 grams and procedures. 5 (c) A recommendation as to what disposition is in the best 6 interests of the public welfare and the protection of the public 7 security. 8 Sec. 5. (1) Before a juvenile hearing under section 18d of 9 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being10section 712A.18d of the Michigan Compiled Laws1939 PA 288, MCL 11 712A.18D, or under section 1b of chapter IX of the code of crimi- 12 nal procedure,Act No. 175 of the Public Acts of 1927, being13section 769.1b of the Michigan Compiled Laws1927 PA 175, MCL 14 769.1B, the department OR COUNTY JUVENILE AGENCY, AS APPLICABLE, 15 shall prepare a commitment report for the court. A commitment 16 report shall include all of the following: 17 (a) The services and programs currently being utilized by, 18 or offered to, the juvenile and the juvenile's participation in 19 those services and programs. 20 (b) Where the juvenile currently resides and the juvenile's 21 behavior in his or her current placement. 22 (c) The juvenile's efforts toward rehabilitation. 23 (d) Recommendations for the juvenile's release or continued 24 custody. 25 (2) If the department OR COUNTY JUVENILE AGENCY, AS 26 APPLICABLE, believes that the juvenile has been rehabilitated and 27 does not present a serious risk to public safety, the department 03600'97 a * 5 1 OR COUNTY JUVENILE AGENCY may petition the court to conduct a 2 review hearing at any time before the juvenile becomes 19 years 3 of age,or, if the committing court has continued jurisdiction 4 over the juvenile, at any time before the juvenile becomes 21 5 years of age. 6 (3) The annual report required by section 3 may be combined 7 with a review hearing under this section. 8 Sec. 5a. (1) A juvenile convicted of or found responsible 9 for a violation of section 91, 316, or 317 of the Michigan penal 10 code,Act No. 328 of the Public Acts of 1931, being sections11750.91, 750.316, and 750.317 of the Michigan Compiled Laws1931 12 PA 328, MCL 750.91, 750.316, AND 750.317, or a violation or 13 attempted violation of section 349, 520b, 520c, 520d, 520e, or 14 520g ofAct No. 328 of the Public Acts of 1931, being sections15750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of16the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 17 MCL 750.349, 750.520B, 750.520C, 750.520D, 750.520E, AND 18 750.520G, who is under the supervision of thefamily indepen-19dence agencyDEPARTMENT OR A COUNTY JUVENILE AGENCY under sec- 20 tion 18 of chapter XIIA ofAct No. 288 of the Public Acts of211939, being section 712A.18 of the Michigan Compiled Laws1939 22 PA 288, MCL 712A.18, shall not be placed in a community placement 23 of any kind and shall not be discharged from wardship until he or 24 she has provided samples for chemical testing for DNA identifica- 25 tion profiling or a determination of the sample's genetic markers 26 and has provided samples for a determination of his or her 27 secretor status. However, if, at the time the juvenile is to be 03600'97 a * 6 1 discharged from wardship, the department of state police already 2 has a sample from the juvenile that meets the requirements of the 3 rules promulgated under the DNA identification profiling system 4 act,Act No. 250 of the Public Acts of 1990, being sections528.171 to 28.176 of the Michigan Compiled Laws1990 PA 250, MCL 6 28.171 TO 28.176, the juvenile is not required to provide another 7 sample. 8 (2) The samples required to be collected under this section 9 shall be collected by the department OR COUNTY JUVENILE AGENCY, 10 AS APPLICABLE, and transmitted by the department OR COUNTY JUVE- 11 NILE AGENCY to the department of state police in the manner pre- 12 scribed by rules promulgated under the DNA identification profil- 13 ing system act,Act No. 250 of the Public Acts of 19901990 PA 14 250, MCL 28.171 TO 28.176. 15 (3) The department OR COUNTY JUVENILE AGENCY may collect a 16 sample under this section regardless of whether the juvenile con- 17 sents to the collection. The department OR COUNTY JUVENILE 18 AGENCY is not required to give the juvenile an opportunity for a 19 hearing or obtain a court order before collecting the sample. 20 (4) As used in this section, "sample" means a portion of a 21 juvenile's blood, saliva, or tissue collected from the juvenile. 22 Sec. 6. The department AND A COUNTY JUVENILE AGENCY may 23 enter into contracts necessary to carry out the duties and 24 responsibilities of this act. 25 Enacting section 1. This amendatory act does not take 26 effect unless the United States department of health and human 27 services grants part 3 of the family independence agency's waiver 03600'97 a * 7 1 filed under the child welfare demonstration project to permit a 2 transfer of title IV-E funding from the state to 1 or more coun- 3 ties and the family independence agency files with the secretary 4 of state a certification that the necessary waiver was granted. 5 Enacting section 2. This amendatory act does not take 6 effect unless all of the following bills of the 89th Legislature 7 are enacted into law: 8 (a) Senate Bill No. _______ or House Bill No. _______ 9 (request no. 03597'97 *). 10 (b) Senate Bill No. _______ or House Bill No. _______ 11 (request no. 03598'97 *). 12 (c) Senate Bill No. _______ or House Bill No. _______ 13 (request no. 03598'97 a *). 14 (d) Senate Bill No. _______ or House Bill No. _______ 15 (request no. 03598'97 b *). 16 (e) Senate Bill No. _______ or House Bill No. _______ 17 (request no. 03599'97 *). 18 (f) Senate Bill No. _______ or House Bill No. _______ 19 (request no. 03644'97 *). 20 (g) Senate Bill No. _______ or House Bill No. _______ 21 (request no. 03917'97 *). 03600'97 a * Final page. TLG