3.7​Places of Detention for Juveniles Whose Felony Cases Have Been Designated for Criminal Trial in Family Division³⁶

A juvenile under 18 years of age who is under the jurisdiction of the Family Division may be held in the county jail pending trial if the case has been designated for criminal trial by the court pursuant to MCL 712A.2d.³⁷ MCL 712A.2(g); MCL 764.27a(3). The court must determine that there is probable cause that the alleged offense was committed and that the juvenile committed the alleged offense. MCL 712A.2(g). This occurs at the preliminary examination held by a Family Division judge. See MCR 3.903(D)(5). Prior approval of the county sheriff is required, and the juvenile must be held physically separate from adults. MCL 764.27a(3). See also MCR 3.953(G), which provides:

“If the court has designated the case and finds probable cause to believe that a felony or an offense for which an adult could be imprisoned for more than one year has been committed and probable cause to believe that the juvenile committed the offense, the judge may confine the juvenile in the county jail pending trial. If the juvenile is under 18 years of age, the juvenile may be confined in jail only if the juvenile can be separated by sight and sound^[38] from adult prisoners and if the sheriff has approved the confinement.”

Upon motion of a juvenile under 18 years of age who is subject to confinement in the county jail, the court may, upon good cause shown, order that person to be confined as otherwise provided by law. MCL 764.27a(4).