Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0121

Introduced
3/1/23  

Caption

Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: SB 0119'23, SB 0123'23, SB 0120'23, SB 0122'23

Impact

The implications of SB 121 extend beyond simply modifying sentencing guidelines; it signals a broader shift in how juvenile offenders are perceived and treated within the legal system. By restricting the most severe punishments for young people, the bill may lead to reforms in juvenile justice procedures, emphasizing rehabilitation and education over incarceration. This could, in turn, influence how juvenile offenders are currently dealt with in the legal system, pushing for reforms that focus on rehabilitation-oriented methods of correction.

Summary

Senate Bill 121 proposes significant amendments to the 1939 Probate Code, specifically targeting the sentencing of juveniles. The bill aims to remove the option of imposing life imprisonment without the possibility of parole on individuals under the age of 19 who are convicted of crimes. This legislative move aligns with recent trends toward more rehabilitative rather than punitive approaches to juvenile sentencing, reflecting an understanding of the developmental differences between juveniles and adults. The bill is designed to ensure that young offenders have the opportunity for redemptive paths and reintegration into society.

Contention

Despite its rehabilitative intentions, SB 121 faces both support and criticism. Proponents argue that the bill protects young individuals from disproportionate punishment and promotes their potential for change, an idea supported by psychological findings about juvenile brain development. Conversely, opponents express concerns regarding public safety and the potential inadequacies in addressing serious offenses committed by juveniles. Critics argue that without stringent penalties, there may be a lack of deterrence against serious crimes committed by minors.

Additional_notes

Furthermore, the bill is tied to the enactment of several other legislative measures (SBs 119, 120, 122, and 123), indicating that comprehensive reform in juvenile sentencing is being sought through a coordinated legislative effort. This tie-bar requirement underscores the importance lawmakers place on a holistic approach to juvenile jurisprudence.

Companion Bills

MI SB0119

Same As Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b) & repeals secs. 25 & 25a, ch. IX of 1927 PA 175 (MCL 769.25 & 769.25a). TIE BAR WITH: SB 0121'23, SB 0123'23, SB 0120'23, SB 0122'23

MI SB0122

Same As Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend public health code to exclude application to individuals less than 19. Amends sec. 17764 of 1978 PA 368 (MCL 333.17764). TIE BAR WITH: SB 0119'23, SB 0121'23, SB 0123'23, SB 0120'23

MI SB0123

Same As Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to exclude application to individuals less than 19. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436 & 543f of 1931 PA 328 (MCL 750.16 et seq.) & adds sec. 506b. TIE BAR WITH: SB 0119'23, SB 0121'23, SB 0120'23, SB 0122'23

MI SB0120

Same As Corrections: parole; parole of certain offenders less than 19 at time of conviction; provide for under certain circumstances. Amends sec. 34 of 1953 PA 232 (MCL 791.234). TIE BAR WITH: SB 0119'23, SB 0121'23, SB 0123'23, SB 0122'23

Similar Bills

MI HB4164

Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: HB 4163'23, HB 4162'23, HB 4160'23, HB 4161'23

MI SB0421

Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: SB 0418'23

MI HB4627

Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18). TIE BAR WITH: HB 4624'23

MI SB0428

Juveniles: other; juvenile fines, fees, and costs; eliminate. Amends secs. 2f, 18, 28 & 29, ch. XIIA of 1939 PA 288 (MCL 712A.2f et seq.); adds sec. 29a to ch. XIIA & repeals sec. 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18m). TIE BAR WITH: SB 0421'23, SB 0429'23, HB 4628'23, HB 4633'23, HB 4636'23, HB 4637'23

MI HB4634

Juveniles: other; juvenile fines, fees, and costs; eliminate. Amends secs. 2f, 18, 28 & 29, ch. XIIA of 1939 PA 288 (MCL 712A.2f et seq.); adds sec. 29a to ch. XIIA & repeals sec. 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18m). TIE BAR WITH: HB 4635'23, HB 4636'23, HB 4637'23

MI HB4633

Juveniles: other; factors in designating or waiving certain juvenile cases; require the court to consider, and place certain limits on consent calendar plans. Amends secs. 2d, 2f & 4, ch. XIIA of 1939 PA 288 (MCL 712A.2d et seq.).

MI SB0427

Juveniles: other; factors in designating or waiving certain juvenile cases; require the court to consider, and place certain limits on consent calendar plans. Amends secs. 2d, 2f & 4, ch. XIIA of 1939 PA 288 (MCL 712A.2d et seq.).

AR SB320

To Amend The Arkansas Juvenile Code Of 1989.