| 1 | 1 | | HOUSE BILL NO. 6226 A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2020 PA 389, and by adding section 17e to chapter XIIA. the people of the state of michigan enact: CHAPTER XIIA Sec. 1. (1) As used in this chapter: (a) "Civil infraction" means that term as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600.113. (b) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her the juvenile's competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition. (c) "Competency hearing" means a hearing to determine whether a juvenile is competent to proceed. (d) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622. (e) "Court" means the family division of circuit court. (f) "Custodial detention" means that term as defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7. (g) (f) "Department" means the department of health and human services. A reference in this chapter to the "department of social welfare" or the "family independence agency" means the department of health and human services. (h) (g) "Foreign protection order" means that term as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h. (i) (h) "Incompetent to proceed" means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following: (i) Consult with and assist his or her the juvenile's attorney in preparing his or her the juvenile's defense in a meaningful manner. (ii) Sufficiently understand the charges against him or her.the juvenile. (j) "Interrogation" means that term as defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7. (k) (i) Until September 30, 2021, "juvenile" means a person who is less than 17 years of age who is the subject of a delinquency petition. Beginning October 1, 2021, "juvenile" means a person who is less than 18 years of age who is the subject of a delinquency petition. (l) (j) "Least restrictive environment" means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety. (m) (k) "Licensed child caring institution" means a child caring institution as defined and licensed under 1973 PA 116, MCL 722.111 to 722.128. (n) (l) "MCI" means the Michigan children's institute created and established by 1935 PA 220, MCL 400.201 to 400.214. (o) (m) "Mental health code" means the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106. (p) (n) "Personal protection order" means a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes a valid foreign protection order. (q) (o) "Public agency" means the department, a local unit of government, the family division of the circuit court, the juvenile division of the probate court, or a county juvenile agency. (r) (p) "Qualified juvenile forensic mental health examiner" means 1 of the following who performs forensic mental health examinations for the purposes of sections 1062 to 1074 of the mental health code, MCL 330.2062 to 330.2074, but does not exceed the scope of his or her the qualified juvenile forensic mental health examiner's practice as authorized by state law: (i) A psychiatrist or psychologist who possesses experience or training in all of the following: (A) Forensic evaluation procedures for juveniles. (B) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities. (C) Clinical understanding of child and adolescent development. (D) Familiarity with competency standards in this state. (ii) A mental health professional other than a psychiatrist or psychologist who has completed a juvenile competency training program for forensic mental health examiners that is endorsed by the department under section 1072 of the mental health code, MCL 330.2072, and who possesses experience or training in all of the following: (A) Forensic evaluation procedures for juveniles. (B) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities. (C) Clinical understanding of child and adolescent development. (D) Familiarity with competency standards in this state. (s) (q) "Qualified restoration provider" means an individual who the court determines, as a result of the opinion provided by the qualified juvenile forensic mental health examiner, has the skills and training necessary to provide restoration services. The court shall take measures to avoid any conflict of interest among agencies or individuals who may provide evaluation and restoration. (t) (r) "Reasonable and prudent parenting standard" means decisions characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interest while encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. (u) (s) "Restoration" means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. (v) (t) "Secure facility" means any public or private licensed child caring institution identified by the department as designed to physically restrict the movements and activities of the alleged or adjudicated juvenile offender that has the primary purpose of serving juveniles who have been alleged or adjudicated delinquent, other than a juvenile alleged or adjudicated under section 2(a)(2) to (4) of this chapter. (w) (u) "Serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. (x) (v) "Valid foreign protection order" means a foreign protection order that satisfies the conditions for validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i. (2) Except as otherwise provided, proceedings under this chapter are not criminal proceedings. (3) This chapter shall must be liberally construed so that each juvenile coming within the court's jurisdiction receives the care, guidance, and control, preferably in his or her the juvenile's own home, conducive to the juvenile's welfare and the best interest of the state. If a juvenile is removed from the control of his or her the juvenile's parents, the juvenile shall must be placed in care as nearly as possible equivalent to the care that should have been given to the juvenile by his or her the juvenile's parents. Sec. 17e. (1) A juvenile who is within the court's jurisdiction under section 2(a)(1) must have an attorney present for the juvenile's representation during an interrogation in custodial detention. A juvenile cannot waive the right to an attorney under this section. (2) A self-incriminating response of a juvenile during an interrogation in custodial detention is inadmissible as evidence against a juvenile in any proceeding if the juvenile was not represented by an attorney. (3) A self-incriminating response that a juvenile made as a result of an interrogation in custodial detention is presumed to be inadmissible as evidence against the juvenile in any proceeding, for an act that would be a misdemeanor or felony offense if committed by an adult unless both of the following apply: (a) An electronic recording is made of the interrogation. (b) The recording under subdivision (a) is substantially accurate and not intentionally altered. (4) If, during an electronically recorded interrogation of a juvenile conducted under subsection (3), the juvenile makes a statement that creates a reasonable suspicion to believe the juvenile has committed another act that, if committed by an adult, would be an offense other than the original offense required to be recorded under subsection (3), the interrogators may, without the juvenile's consent, continue to record the interrogation as it relates to the other offense. (5) An electronic recording made under subsection (3) must be preserved until the juvenile's adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. (6) If the court finds, by a preponderance of the evidence, that the juvenile was subjected to an interrogation in custodial detention in violation of subsection (3), then any statement made by the juvenile during or after that nonrecorded interrogation in custodial detention, even if otherwise in compliance with this section, is presumed to be inadmissible in any proceeding against the juvenile except for the purpose of impeachment. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 24 | 24 | | |
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| 25 | 25 | | HOUSE BILL NO. 6226 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1939 PA 288, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Probate code of 1939," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2020 PA 389, and by adding section 17e to chapter XIIA. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | CHAPTER XIIA |
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| 38 | 38 | | |
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| 39 | 39 | | Sec. 1. (1) As used in this chapter: |
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| 40 | 40 | | |
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| 41 | 41 | | (a) "Civil infraction" means that term as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600.113. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her the juvenile's competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) "Competency hearing" means a hearing to determine whether a juvenile is competent to proceed. |
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| 46 | 46 | | |
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| 47 | 47 | | (d) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622. |
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| 48 | 48 | | |
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| 49 | 49 | | (e) "Court" means the family division of circuit court. |
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| 50 | 50 | | |
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| 51 | 51 | | (f) "Custodial detention" means that term as defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7. |
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| 52 | 52 | | |
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| 53 | 53 | | (g) (f) "Department" means the department of health and human services. A reference in this chapter to the "department of social welfare" or the "family independence agency" means the department of health and human services. |
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| 54 | 54 | | |
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| 55 | 55 | | (h) (g) "Foreign protection order" means that term as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h. |
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| 56 | 56 | | |
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| 57 | 57 | | (i) (h) "Incompetent to proceed" means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following: |
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| 58 | 58 | | |
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| 59 | 59 | | (i) Consult with and assist his or her the juvenile's attorney in preparing his or her the juvenile's defense in a meaningful manner. |
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| 60 | 60 | | |
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| 61 | 61 | | (ii) Sufficiently understand the charges against him or her.the juvenile. |
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| 62 | 62 | | |
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| 63 | 63 | | (j) "Interrogation" means that term as defined in section 7 of chapter III of the code of criminal procedure, 1927 PA 175, MCL 763.7. |
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| 64 | 64 | | |
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| 65 | 65 | | (k) (i) Until September 30, 2021, "juvenile" means a person who is less than 17 years of age who is the subject of a delinquency petition. Beginning October 1, 2021, "juvenile" means a person who is less than 18 years of age who is the subject of a delinquency petition. |
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| 66 | 66 | | |
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| 67 | 67 | | (l) (j) "Least restrictive environment" means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety. |
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| 68 | 68 | | |
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| 69 | 69 | | (m) (k) "Licensed child caring institution" means a child caring institution as defined and licensed under 1973 PA 116, MCL 722.111 to 722.128. |
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| 70 | 70 | | |
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| 71 | 71 | | (n) (l) "MCI" means the Michigan children's institute created and established by 1935 PA 220, MCL 400.201 to 400.214. |
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| 72 | 72 | | |
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| 73 | 73 | | (o) (m) "Mental health code" means the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106. |
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| 74 | 74 | | |
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| 75 | 75 | | (p) (n) "Personal protection order" means a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes a valid foreign protection order. |
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| 76 | 76 | | |
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| 77 | 77 | | (q) (o) "Public agency" means the department, a local unit of government, the family division of the circuit court, the juvenile division of the probate court, or a county juvenile agency. |
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| 78 | 78 | | |
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| 79 | 79 | | (r) (p) "Qualified juvenile forensic mental health examiner" means 1 of the following who performs forensic mental health examinations for the purposes of sections 1062 to 1074 of the mental health code, MCL 330.2062 to 330.2074, but does not exceed the scope of his or her the qualified juvenile forensic mental health examiner's practice as authorized by state law: |
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| 80 | 80 | | |
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| 81 | 81 | | (i) A psychiatrist or psychologist who possesses experience or training in all of the following: |
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| 82 | 82 | | |
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| 83 | 83 | | (A) Forensic evaluation procedures for juveniles. |
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| 84 | 84 | | |
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| 85 | 85 | | (B) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities. |
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| 86 | 86 | | |
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| 87 | 87 | | (C) Clinical understanding of child and adolescent development. |
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| 88 | 88 | | |
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| 89 | 89 | | (D) Familiarity with competency standards in this state. |
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| 90 | 90 | | |
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| 91 | 91 | | (ii) A mental health professional other than a psychiatrist or psychologist who has completed a juvenile competency training program for forensic mental health examiners that is endorsed by the department under section 1072 of the mental health code, MCL 330.2072, and who possesses experience or training in all of the following: |
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| 92 | 92 | | |
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| 93 | 93 | | (A) Forensic evaluation procedures for juveniles. |
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| 94 | 94 | | |
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| 95 | 95 | | (B) Evaluation, diagnosis, and treatment of children and adolescents with emotional disturbance, mental illness, or developmental disabilities. |
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| 96 | 96 | | |
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| 97 | 97 | | (C) Clinical understanding of child and adolescent development. |
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| 98 | 98 | | |
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| 99 | 99 | | (D) Familiarity with competency standards in this state. |
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| 100 | 100 | | |
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| 101 | 101 | | (s) (q) "Qualified restoration provider" means an individual who the court determines, as a result of the opinion provided by the qualified juvenile forensic mental health examiner, has the skills and training necessary to provide restoration services. The court shall take measures to avoid any conflict of interest among agencies or individuals who may provide evaluation and restoration. |
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| 102 | 102 | | |
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| 103 | 103 | | (t) (r) "Reasonable and prudent parenting standard" means decisions characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interest while encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. |
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| 104 | 104 | | |
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| 105 | 105 | | (u) (s) "Restoration" means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. |
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| 106 | 106 | | |
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| 107 | 107 | | (v) (t) "Secure facility" means any public or private licensed child caring institution identified by the department as designed to physically restrict the movements and activities of the alleged or adjudicated juvenile offender that has the primary purpose of serving juveniles who have been alleged or adjudicated delinquent, other than a juvenile alleged or adjudicated under section 2(a)(2) to (4) of this chapter. |
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| 108 | 108 | | |
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| 109 | 109 | | (w) (u) "Serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811. |
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| 110 | 110 | | |
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| 111 | 111 | | (x) (v) "Valid foreign protection order" means a foreign protection order that satisfies the conditions for validity provided in section 2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i. |
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| 112 | 112 | | |
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| 113 | 113 | | (2) Except as otherwise provided, proceedings under this chapter are not criminal proceedings. |
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| 114 | 114 | | |
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| 115 | 115 | | (3) This chapter shall must be liberally construed so that each juvenile coming within the court's jurisdiction receives the care, guidance, and control, preferably in his or her the juvenile's own home, conducive to the juvenile's welfare and the best interest of the state. If a juvenile is removed from the control of his or her the juvenile's parents, the juvenile shall must be placed in care as nearly as possible equivalent to the care that should have been given to the juvenile by his or her the juvenile's parents. |
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| 116 | 116 | | |
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| 117 | 117 | | Sec. 17e. (1) A juvenile who is within the court's jurisdiction under section 2(a)(1) must have an attorney present for the juvenile's representation during an interrogation in custodial detention. A juvenile cannot waive the right to an attorney under this section. |
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| 118 | 118 | | |
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| 119 | 119 | | (2) A self-incriminating response of a juvenile during an interrogation in custodial detention is inadmissible as evidence against a juvenile in any proceeding if the juvenile was not represented by an attorney. |
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| 120 | 120 | | |
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| 121 | 121 | | (3) A self-incriminating response that a juvenile made as a result of an interrogation in custodial detention is presumed to be inadmissible as evidence against the juvenile in any proceeding, for an act that would be a misdemeanor or felony offense if committed by an adult unless both of the following apply: |
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| 122 | 122 | | |
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| 123 | 123 | | (a) An electronic recording is made of the interrogation. |
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| 124 | 124 | | |
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| 125 | 125 | | (b) The recording under subdivision (a) is substantially accurate and not intentionally altered. |
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| 126 | 126 | | |
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| 127 | 127 | | (4) If, during an electronically recorded interrogation of a juvenile conducted under subsection (3), the juvenile makes a statement that creates a reasonable suspicion to believe the juvenile has committed another act that, if committed by an adult, would be an offense other than the original offense required to be recorded under subsection (3), the interrogators may, without the juvenile's consent, continue to record the interrogation as it relates to the other offense. |
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| 128 | 128 | | |
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| 129 | 129 | | (5) An electronic recording made under subsection (3) must be preserved until the juvenile's adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law. |
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| 130 | 130 | | |
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| 131 | 131 | | (6) If the court finds, by a preponderance of the evidence, that the juvenile was subjected to an interrogation in custodial detention in violation of subsection (3), then any statement made by the juvenile during or after that nonrecorded interrogation in custodial detention, even if otherwise in compliance with this section, is presumed to be inadmissible in any proceeding against the juvenile except for the purpose of impeachment. |
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| 132 | 132 | | |
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| 133 | 133 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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