Michigan Laws 764.27a – Juvenile taken into custody or detained; prohibitions; confinement of juvenile in county jail; other confinement; credit for time served
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 764.27a
- Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1
- Juvenile facility: means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803. See Michigan Laws 761.1
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) A juvenile, other than a juvenile confined under subsection (3), must not be confined in a police station, prison, jail, lock-up, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal persons while awaiting trial.
(2) A juvenile, other than a juvenile confined under subsection (3), whose habits or conduct are considered to be a menace to other children, or who may not otherwise be safely detained, may be ordered by a court to be placed in a jail or other place of detention for adults, but in a room or ward out of sight and sound from adults.
(3) A juvenile or individual less than 18 years of age who is under the jurisdiction of the circuit court for committing a felony may be confined in the county jail pending trial. An individual less than 18 years of age who is under the jurisdiction of the probate court for committing a felony may be held in the county jail pending trial if the case is designated by the court under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, as a case in which the individual is to be tried in the same manner as an adult and the court has determined that there is probable cause to believe that the felony was committed and that there is probable cause to believe the individual committed that felony. If a juvenile or individual less than 18 years of age is confined in the county jail under this subsection, the juvenile or individual less than 18 years of age must be held physically separate from adult prisoners. A juvenile or individual less than 18 years of age must not be confined in the county jail under this subsection without the prior approval of the county sheriff. As used in this subsection, “felony” means a crime that is designated by law as a felony or that is punishable by imprisonment for more than 1 year.
(4) The court, upon motion of a juvenile or individual less than 18 years of age who is subject to confinement under subsection (3) may, for good cause shown, order the juvenile or individual less than 18 years of age to be confined as otherwise provided by law.
(5) If a person is convicted of a crime within this state and has served time in a juvenile facility before sentencing because of being denied or being unable to furnish bond for the offense of which he or she is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for time served in a juvenile facility before sentencing.