pa052798

Act No. 527

Public Acts of 1998

Approved by the Governor

January 12, 1999

Filed with the Secretary of State

January 12, 1999

EFFECTIVE DATE: January 12, 1999

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senator Bullard

ENROLLED SENATE BILL No. 1195

AN ACT to amend 1996 PA 263, entitled "An act to establish juvenile boot camps and programs; and to prescribe the powers and duties of certain courts and departments," by amending sections 2, 3, 4, 5, 6, and 7 (MCL 400.1302, 400.1303, 400.1304, 400.1305, 400.1306, and 400.1307).

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act.

(b) "Department" means the family independence agency.

(c) "Juvenile" means an individual within the court's jurisdiction under section 2(a)(1) of chapter XIIA of 1939 PA 288, MCL 712A.2.

Sec. 3. The department shall establish 1 or more juvenile boot camps to house and train juveniles who are ordered to participate in a juvenile boot camp program under section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18, or who are placed in a juvenile boot camp program after commitment under that section to a county juvenile agency for placement in a juvenile boot camp program. To implement this section, the department may use the authority granted under sections 115a(1)(f) and 117a(4) of the social welfare act, 1939 PA 280, MCL 400.115a and 400.117a, as appropriate.

Sec. 4. The department shall develop 1 or more juvenile boot camp programs for juveniles ordered to participate in such a program or placed in such a program by a county juvenile agency. A juvenile boot camp program shall provide a program of physically strenuous work and exercise, patterned after military basic training, and other programming as the department determines, including at a minimum educational and substance abuse programs, and counseling. A juvenile boot camp program shall be restricted to juveniles of the same sex. To implement this section, the department may use the authority granted under sections 115a(1)(f) and 117a(4) of the social welfare act, 1939 PA 280, MCL 400.115a and 400.117a, as appropriate.

Sec. 5. (1) After a juvenile is placed in a juvenile boot camp program, the department shall verify that the juvenile meets the requirements of section 18(1)(m)(ii), (iii), and (iv) of chapter XIIA of 1939 PA 288, MCL 712A.18, and that there is an opening in a juvenile boot camp program. If the juvenile does not meet those requirements, there is no opening in a juvenile boot camp program, or the county juvenile agency is unable to place the juvenile in a juvenile boot camp program, the juvenile shall be returned to the court that entered the order of disposition for alternative disposition.

(2) A juvenile's placement in a juvenile boot camp shall not be less than 90 days or more than 180 days. However, if during that period the juvenile misses more than 5 days of program participation due to medical excuse for illness or injury occurring after he or she was placed in the program, the placement period shall be increased by the number of days missed, beginning with the sixth day of medical excuse up to a maximum of 20 days. A physician's statement shall verify a medical excuse and a copy shall be sent to the court entering the disposition. A juvenile who is medically unable to participate in a juvenile boot camp program for more than 25 days shall be returned to the court that entered the order of disposition for alternative disposition.

(3) Following his or her stay in a juvenile boot camp, the juvenile shall complete a period of not less than 120 days or more than 180 days of intensive supervised community reintegration in the local community.

Sec. 6. When a juvenile is placed in a juvenile boot camp or committed to a county juvenile agency for placement in a juvenile boot camp, the clerk of the court entering the order of disposition shall mail the department and the county juvenile agency a certified copy of the disposition within 5 business days after placement or commitment.

Sec. 7. (1) At any time during a juvenile's stay in a juvenile boot camp, but not less than 5 days before the juvenile's expected date of release, the department shall certify to the court that entered the order of disposition and, if applicable, the county juvenile agency whether the juvenile has satisfactorily completed the course of training at the juvenile boot camp.

(2) A juvenile who fails to perform satisfactorily at the juvenile boot camp program shall be reported to the court that entered the order of disposition for alternative disposition.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) Senate Bill No. 1183.

(b) Senate Bill No. 1184.

(d) Senate Bill No. 1186.

(e) Senate Bill No. 1187.

(f) Senate Bill No. 1196.

(g) Senate Bill No. 1197.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.