PRE-COURT DIVERSION TIME PERIOD; LIMIT S.B. 420 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 420 (Substitute S-1 as reported)
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would amend the Juvenile Diversion Act to limit the time for a minor to complete the terms of a diversion agreement to three months, unless a law enforcement official or court intake worker determined a longer period was needed and filled out the necessary documentation.
BRIEF RATIONALE
Governor Whitmer signed Executive Order 2021-6 on June 9, 2021, which created the Task Force on Juvenile Justice Reform (Task Force) within the Department of Health and Human Services. The Task Force was charged with analyzing Michigan's juvenile justice system and recommending changes to State law, policy, and appropriations aimed to improve youth outcomes. The Task Force found that the lack of State centralization has led to discrepancies in the implementation of research-based, developmentally appropriate practices in juvenile justice, which may lead to disparate outcomes for youth. Accordingly, the Task Force recommended that pre-court diversion and consent calendar conditions be standardized and aligned with those qualities.
PREVIOUS LEGISLATION
The bill is a companion bill to House Bill 4626.
Legislative Analyst: Tyler P. VanHuyse
FISCAL IMPACT
The bill would not affect judiciary or local courts, directly. Indirect costs to local courts would be related to local court decision-making on diversion agreements, for which courts would apply a risk screening tool and a mental health screening tool with guidelines developed by the Supreme Court, as proposed in Senate Bill 419. (The FY 2023-24 omnibus budget included $2.025 million for the creation of the Juvenile Justice Services Division within the State Court Administrative Office.
Date Completed: 10-3-23 Fiscal Analyst: Humphrey Akujobi
Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.