16.21Release from Custody and Discharge From Public Wardship
A provision of the Youth Rehabilitation Services Act, MCL 803.301 et seq., sets out the requirements for releasing from custody a juvenile who is subject to court jurisdiction and for discharging a juvenile from public wardship. MCL 803.307 states, in relevant part:
“(1) A youth accepted by a youth agency remains a public ward until discharged from public wardship with the approval of any of the following and, if placed in an institution, shall remain until released with the approval of any of the following:
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(b) If the youth was committed to a youth agency under . . . MCL 769.1 [(governing automatic waiver proceedings)], with the approval of the court of general criminal jurisdiction under . . . MCL 769.1b.
(2) Except as otherwise provided in [MCL 803.307], a youth accepted as a public ward shall be automatically discharged from public wardship upon reaching the age of 19. Except as provided in [MCL 803.307(3)], a youth committed to a youth agency under [MCL 712A.18(1)(e) (governing juvenile dispositions)] for an offense that, if committed by an adult, would be a violation or attempted violation of . . . MCL 750.72, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.88, [MCL] 750.89, [MCL] 750.91, [MCL] 750.110a[(2)], [MCL] 750.186a, [MCL] 750.316, [MCL] 750.317, [MCL] 750.349, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, [MCL] 750.530, [or] [MCL] 750.531, or [MCL 333.7401(2)(a)(i) or MCL 333.7403(2)(a)(i)], shall be automatically discharged from public wardship upon reaching the age of 21. Except as provided in [MCL 803.307(4)], a youth committed to a youth agency under . . . MCL 769.1 [(governing automatic waiver proceedings)][] shall be automatically discharged from public wardship upon reaching the age of 21.
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(4) If a court of general criminal jurisdiction sentences the youth to a sentence provided by law for an adult offender under . . . MCL 769.1b [(governing automatic waiver proceedings)], the youth shall be discharged from public wardship and committed under the court’s order.”
101. For probation revocation procedures in adult criminal proceedings, including automatic waiver proceedings in which an adult sentence was imposed, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 3, Chapter 2.