16.7Releasing or Detaining a Juvenile Before Trial or Sentencing

A.Bail

“The magistrate or the court may order a juvenile released to a parent or guardian on the basis of any lawful condition, including that bail be posted.” MCR 6.909(A)(1).¹

MCR 6.909(A)(2) sets out the conditions for detaining a juvenile without bail:

“If the proof is evident or if the presumption is great that the juvenile committed the offense, the magistrate or the court may deny bail:

(a) to a juvenile charged with first-degree murder, second-degree murder, or

(b) to a juvenile charged with first-degree criminal sexual conduct, or armed robbery,

(i) who is likely to flee, or

(ii) who clearly presents a danger to others.”

Unless detention without bail is permissible under MCR 6.909(A)(2), “the magistrate or court must advise the juvenile of a right to bail as provided for an adult accused.” MCR 6.909(A)(1).

B.Confinement Pending Trial and Sentencing

If a juvenile is not released following arraignment, he or she must be detained according to the rules set out in MCR 6.909(B). Except as provided in MCR 6.909(B)(2) and MCR 6.907(B), the juvenile must be placed in a juvenile facility rather than a jail or similar facility used to incarcerate adult prisoners.² MCR 6.909(B)(1).