2023 Senate Bill 423

AI Analysis – Experimental

This bill aims to amend sections 15 and 16 of chapter XIIA of the 1939 Probate Code (MCL 712A.15 and 712A.16), focusing on juvenile detention procedures pending court hearings. The bill sets forth conditions for detaining or releasing juveniles to a parent, guardian, or custodian, highlighting criteria such as the necessity for immediate removal from home, history of failing to appear in court, court order violations, serious offenses that threaten public safety, and potential for retaliation or continued personal protection order violations. It mandates the use of a detention screening tool for secure facility detentions, requires mental health or substance abuse assessments within 24 hours for juveniles detained over court order violations, and protects the confidentiality of these assessments from Freedom of Information Act disclosures. The bill prohibits detaining juveniles in adult facilities or cells, except under specific conditions, and requires separate detention arrangements for juveniles deemed a menace or unsafe to detain with others, with a maximum of 30 days unless extended for process service reasons. It also facilitates juvenile boarding in foster homes, licensed child care institutions, or separate county jail sections for those over 17, under court jurisdiction, and outlines the provision and funding for such placements by county boards and the court. Additionally, the bill specifies that the operation of juvenile detention homes is under the direction of the county board of commissioners or the county executive, with the possibility of alternative arrangements as agreed upon by the chief judge of the circuit court and the county authorities. The enactment of this bill is contingent upon the passage of Senate Bill No. 418 of the 102nd Legislature.