3.5Places of Detention for Alleged Juvenile Delinquents1
Following the filing of a complaint or petition,2 the court may release the child into the custody of a parent, guardian, or custodian, or it “may order the juvenile, pending the hearing, detained in a facility as the court designates.”3 MCL 712A.15(1).4
For purposes of delinquency proceedings, MCR 3.903(B)(1) broadly defines “[d]etention” to mean “court-ordered removal of a juvenile from the custody of a parent, guardian, or legal custodian, pending trial, disposition, commitment, or further order.” This definition allows for placement in a nonsecure facility or foster home.5 As a general rule, a juvenile “must be placed in the least restrictive environment6 that will meet the needs of the juvenile and the public, and that will conform to the requirements of MCL 712A.15 and [MCL] 712A.16.” MCR 3.935(D)(4).
Generally, a juvenile who is less than 18 years of age who is taken into custody or detained “must not be confined in a police station, prison, jail, lock-up, or reformatory or transported with, or compelled or permitted to associate or mingle with, criminal or dissolute persons.” MCL 712A.16(1); see also MCL 764.27a(1). Except as provided for status offenders,7 “the court may order a juvenile 15 years of age or older whose habits or conduct are considered a menace to other juveniles, or who may not otherwise be safely detained, placed in a jail or other place of detention for adults, but in a room or ward separate from adults and for not more than 30 days, unless longer detention is necessary for the service of process.” MCL 712A.16(1); see also MCL 764.27a(2) (applicable to automatic waiver and designated cases). MCL 764.27a(2) imposes the additional restriction that juveniles confined in a jail or other place of detention for adults must be placed in a room or ward out of sight and sound of adults.8
MCL 750.139(1)9 provides that a child under 18 years of age “while under arrest, confinement, or conviction for a crime must not be”:
•placed in an apartment or cell of a prison or place of confinement with 1 or more adults under arrest, confinement, or conviction for a crime;
•permitted to remain in any court room during the trial of adults; or
•transported with adults charged with or convicted of a crime.
Any person who violates MCL 750.139 is guilty of a misdemeanor. MCL 750.139(4).
MCL 712A.16(2)(c) provides that the court may place a juvenile over the age of 17 in a county jail if the juvenile is kept “in a room or ward separate and apart from adult criminals . . . .”
Additionally, MCR 3.928(C) provides:
“A juvenile under court jurisdiction who is convicted of criminal contempt of court, and who was at least 18 years of age when the contempt was committed, may be sentenced to up to 93 days in the county jail as a disposition for the contempt. Juveniles sentenced under this subrule need not be lodged separately and apart from adult prisoners. Younger juveniles found in contempt of court are subject to a juvenile disposition under these rules.”
1 A juvenile in a designated proceeding under MCL 712A.2d is subject to the detention rules applicable to delinquency cases until after the Family Division has made a probable cause finding at the preliminary examination. See Section 3.7. Additionally, juveniles charged under the traditional waiver statute, MCL 712A.4, are subject to the detention rules applicable to delinquency cases while under the jurisdiction of the Family Division. See Section 3.9.
2 MCL 712A.15(1) defines “petition” as including a petition, supplemental petition, petition for revocation of probation, supplemental petition alleging a personal protection order (PPO) violation, or a petition or supplemental petition alleging a violation of a court order under MCL 712A.2(a)(2)-(4).
3 See Section 3.4 for discussion of the circumstances under which a juvenile may be detained.
4 See also MCL 712A.2(i), which provides, in relevant part:
“In a proceeding under [the Juvenile Code] concerning a juvenile’s care and supervision, the court may issue orders affecting a party as necessary[ until] . . . May 1, 2018. As used in this subdivision, ‘party’ means 1 of the following:
(i) In a delinquency proceeding, the petitioner and juvenile.”
5 See MCL 712A.16(2), authorizing the boarding of juveniles in foster care homes, “child caring institution[s],” or, if the juveniles are at least 17 years of age and are kept separate from adult criminals, county jails.
6 “‘Least restrictive environment’ means a supervised community placement, preferably a placement with the juvenile’s parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety.” MCL 712A.1(1)(j).
7 See Section 3.6 for discussion of detention of status offenders.
8 See Section 3.2(A) for discussion of “sight” and “sound” contact.
9 These provisions do “not apply to prisoners being transported to or from, or confined in a youth correctional facility operated by the department of corrections or a private vendor under . . . MCL 791.220g.” MCL 750.139(2).