3.8​Places of Detention for Juveniles Charged Under the Automatic Waiver Statute³⁹

MCR 6.907(B) provides:

“If the prosecuting attorney has authorized the filing of a complaint and warrant charging a specified juvenile violation instead of approving the filing of a petition in the family division of the circuit court, a juvenile may, following apprehension, be detained pending arraignment:

“(1) in a juvenile facility operated by the county;^[40]

“(2) in a regional juvenile detention facility operated by the state; or

“(3) in a facility operated by the family division of the circuit court with the consent of the family division or an order of a [circuit court, other than the family division].”

The Family Division must comply if a court of general criminal jurisdiction in the same county orders the juvenile placed, pending trial, in a Family Division-operated detention home for juveniles. MCL 712A.2(f).

“If no juvenile facility is reasonably available and if it is apparent that the juvenile may not otherwise be safely detained, the magistrate may, without a hearing, authorize that the juvenile be lodged pending arraignment in a facility used to incarcerate adults. The juvenile must be kept separate from adult prisoners as required by law.” MCR 6.907(B).⁴¹

After a juvenile’s arraignment, he or she must either be released or detained pursuant to the rules in MCR 6.909(B):

“(1) Juvenile Facility. Except as provided in [MCR 6.909](B)(2) and in MCR 6.907(B) [(governing temporary detention pending arraignment)], a juvenile charged with a crime and not released must be placed in a juvenile facility while awaiting trial and, if necessary, sentencing, rather than being placed in a jail or similar facility designed and used to incarcerate adult prisoners.

“(2) Jailing of Juveniles; Restricted. On motion of a prosecuting attorney or a superintendent of a juvenile facility in which the juvenile is detained, the magistrate or court may order the juvenile confined in a jail or similar facility designed and used to incarcerate adult prisoners upon a showing that

“(a) the juvenile’s habits or conduct are considered a menace to other juveniles; or

“(b) the juvenile may not otherwise be safely detained in a juvenile facility.

“(3) Family Division Operated Facility. The juvenile shall not be placed in an institution operated by the family division of circuit court except with the consent of the family division or on order of a [circuit court, other than the family division].

“(4) Separate Custody of Juvenile. The juvenile in custody or detention must be maintained separately from the adult prisoners or adult accused as required by MCL 764.27a.”

A juvenile under 18 years of age who is under the jurisdiction of the circuit court for committing a felony may be confined in a county jail pending trial. MCL 764.27a(3). Prior approval of the county sheriff is required, and the juvenile must be held physically separate from adults. Id. In addition, the court, upon motion of a juvenile under 18 years of age who is subject to confinement, may, upon good cause shown, order that person to be confined as otherwise provided by law. MCL 764.27a(4).