tuesday, november 09, 2021
A Review of the Raise the Age bill package that went into effect October 1, 2021

No new enacted juvenile legislation in October 2021. However, the Raise the Age (RTA) legislation was effective as of October 1, 2021. Below are a list of the effected statutes and a brief of summary of each:

Raise the Age Fund (MCL 400.117i): Creation of a “raise the age” fund within the department of the state treasury, and makes MDHHS the administrator of the fund. The department is to expend the money from the fund to cover the costs of expenses incurred due to raising the age of criminal responsibility, which are not covered by the child care fund.

Age of Juvenile Court Jurisdiction (MCL 712A.11): Provides that if the juvenile attains his or her 18th birthday (instead of 17th) after the filing of the delinquency petition, the court’s jurisdiction shall continue

beyond the juvenile’s 18th birthday and the court may hear and dispose of the petition. Additionally, amends MCL 712A.11(5) to refer to the collection of a juvenile’s biometric data (instead of fingerprints).

Juvenile Competency (MCL 330.2060a(4)): Redefines the term “juvenile” to include those individuals who are under the age of 18, instead of 17, and who are the subject of a delinquency petition for the purposes of juvenile competency proceedings.

Holmes Youthful Training Act (HYTA)(MCL 762.11): Revises the age of eligibility requirement for assignment to the Holmes Youth Trainee Act (HYTA) and allows assignment to HYTA for an individual between the ages of 18 - 26.

Juvenile Diversion Act (MCL 722.822(e) and MCL 722.828(3)): Redefines the term “minor” to mean an individual less than 18 years of age. Changes the length of time a juvenile diversion record shall be retained. Juvenile diversion records is destroyed within 28 days of after the minor’s 18th birthday.

Prohibition Regarding Lock-Up (MCL 712A.16(1)): Prohibits a juvenile taken into custody or detained who is under 18 years of age to be confined in any police station, prison, jail, lock-up facility with adult criminals.

Transfer of Case to Family Division (MCL 764.27): Requires that an individual less than 18 years of age who is arrested be immediately taken before the Family Division of the Circuit Court. Further, except for the cases in which the juvenile has been waived to circuit court, requires the transfer of a criminal case to the family division if it is discovered during the pendency of a criminal case that the individual was less than 18 years old.

Prohibition on Juvenile Confinement or Transport (MCL 750.139): Prohibits individuals under the age of 18 to be confined in the same space with an adult offender or to be transported in a vehicle with an adult offender. This is a change from the previous requirement of a child under 16 years of age.

Confinement of Designated & Waived Juveniles in County Jail (MCL 764.27a): Raises the age of a juvenile that may be held in the county jail pending trial from 17 to 18.

Specified Juvenile Violations (MCL 764.1f): Allows a prosecutor to authorize the filing of a complaint and warrant in district court in regards to a juvenile who is 14 years of age or older but less than 18 years of age who is alleged to have committed a specified juvenile violation. This changes the age from 17 to 18. Does not make any changes to the specified violations.

Circuit Court Waiver of Jurisdiction (MCL 600.606): Provides that circuit court has jurisdiction to hear and determine a specified juvenile violation if committed by a juvenile age 14 but less than age 18. Allows for the circuit court of general criminal jurisdiction to process juvenile waiver cases. No change to the list of the specified violations.

Michigan Indigent Defense Commission (MIDC)(MCL 780.983): Changes the definition of “adult” to an individual who is older than 18 years of age. Amends the definition of “adult” to also include an individual who is under 18 years of age under the following circumstances:

1) Prosecutor files a petition to waive the juvenile to circuit court;

2) Prosecutor files the petition as a prosecutor designated case in the family division;

3) Prosecutor files a request asking the court to designate the juvenile to be tried as an adult in the family division; and

4) Prosecutor authorizes the filing of a complaint and warrant again the juvenile in district court

Juvenile Code – Juvenile Definition (MCL 712A.1 and 712A.3): Changes the definition of a juvenile to a person who is under 18 years of age. Additionally, requires the transfer of a criminal case to the family division if the court discovered during the pendency of the charge that the juvenile was under the age of 18 at the time of the offense. The case is to be transferred to the family division of the circuit court in which the other court is situated or in which the person resides. The family division will hear and dispose of the case in same manner as if the case had been originally instituted in that court.

Youth Rehabilitation Services Act (MCL 803.302): Revises the definition of public ward to include a youth accepted for care by a youth agency who is at least 12 years of age when committed to the youth agency by the juvenile division of the probate court or the family division of the circuit court under MCL 712A.18, if the court acquired jurisdiction over the youth under MCL 712A.2(a) or MCL 712A.2(d), and the act for which the youth is committed occurred before his or her eighteenth (instead of seventeenth) birthday.

Sight and Sound Separation (MCL 712A.14 and 712A.15): Requires a juvenile under the age of 18 to be separated and have no verbal, visual, or physical contact with an adult prisoner/inmate if the juvenile is being held in a jail or other detention facility.

Personal Protection Orders (MCL 764.15b): Requires that a personal protection order (PPO) state on its face that a person age 18 or older will be subject to criminal contempt for a violation. A person less than 18 years of age will be subject to a juvenile disposition. Makes the age change from 17 to 18.

Raise the Age of Jurisdiction (MCL 712A.2): Raises the age of jurisdiction of the family division of the circuit court. The family division of the circuit court will have jurisdiction over juveniles who are under 18 years old. Raises the age from 17 to 18.

Child Care Fund Reimbursement Rate (MCL 400.117a): Addresses the payment of costs incurred for the new population of juveniles resulting from raising the age. Provides the following:

Beginning 10/01/2021, the state will pay 100% of the cost to provide services to juveniles coming within the court’s jurisdiction who are at least 17 years old but less than 18 years old at the time of the offense.

Beginning 10/01/2025, the state and the county will share the cost of child care fund eligible expenses for all juveniles including those who were 17 years old – 18 years old at the time of the offense. No change to the funding mechanism for juveniles under the age of 17 at the time of the offense

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