16.17Requirements for Imposing Probation and Committing a Juvenile to State Wardship
A.Probation is an Alternative “Adult” Sentence
“Juveniles who come within the jurisdiction of the adult system by automatic waiver are not ‘sentenced within the juvenile offender system’ when they are sentenced to probation under MCL 769.1(3) . . . . They are sentenced within the adult system with a sentence that is an alternative to the normal adult penalty.” People v Valentin (Anthony), 457 Mich 1, 9 (1998).
B.Definitions Applicable to Commitment
Effective January 12, 1999, pursuant to 1998 PA 518, the Legislature enacted the county juvenile agency act, MCL 45.621 et seq., to provide for the creation of a “county juvenile agency.” A “[c]ounty juvenile agency,” as defined in the act, is a county that has approved a resolution to offer certain services and facilities to juveniles, to assume financial responsibility for such services, and to comply with applicable federal laws. MCL 803.302(a); MCL 45.622; MCL 45.623; MCL 45.627. A county juvenile agency is required to provide or contract for provision of “[a]n effective program of supervision and care for juveniles committed to the county juvenile agency by the family division of circuit court or court of general criminal jurisdiction[,]” “[a]ppropriate county juvenile agency services[,]” and “[a]ppropriate services and facilities necessary for public wards it is responsible for.” MCL 45.627(1)(a)-(c).
However, because the county juvenile agency act applies only to a county that “is eligible for a transfer of federal title IV-E funds”1 under a 1997 waiver, the act applies only to Wayne County. MCL 45.626; see also House Legislative Analysis, SB 1185, December 9, 1998. As a practical matter, because Wayne County is not now operating as a county juvenile agency, juveniles who are committed under MCL 769.1(3) are currently committed only to state wardship. See MCR 6.901 et seq. (referring generally to commitments under MCL 769.1 as commitments “to state wardship”); see also Section (C).
2.“State” or “Public” Wardship2
For purposes of automatic waiver proceedings, a “‘[p]ublic ward’ is “[a] youth accepted for care by a youth agency who is at least 14 years of age when committed to the youth agency by a court of general criminal jurisdiction under . . . MCL 769.1, if the act for which the youth is committed occurred before his or her eighteenth birthday.” MCL 803.302(c)(ii).
MCR 6.903(M) defines “[s]tate wardship” as the “care and control of a juvenile until the juvenile’s 21st birthday by an institution or agency within or under the supervision of the [DHHS] as provided in the Youth Rehabilitation Services Act, MCL 803.301 et seq., while the juvenile remains under the jurisdiction of the court on the basis of a court order of juvenile probation and commitment as provided in MCL 769.1.”
“‘Youth agency’ means either the [DHHS] or a county juvenile agency,[3] whichever has responsibility over a public ward.” MCL 803.302(d).
“If the court retains jurisdiction over the juvenile, places the juvenile on juvenile probation, and commits the juvenile to state wardship, the court shall comply with [MCR 6.931(F)(1)-(10)].” MCR 6.931(F). These requirements are discussed below.
MCL 769.1(7) provides, in part:
“Money collected for juveniles placed with or committed to the department of health and human services or a county juvenile agency must be accounted for and reported on an individual basis.”4
”An order directed to a person responsible for the juvenile’s support under [MCL 769.1] is not binding on the person unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first-class mail to the person’s last known address.” MCL 769.1(8). See Chapter 18 for further discussion of reimbursement orders.
2.Advice Regarding Probation Revocation
MCR 6.931(F)(1) provides:
“The court shall advise the juvenile at sentencing that if the juvenile, while on juvenile probation, is convicted of a felony or a misdemeanor punishable by more than one year’s imprisonment, the court must revoke juvenile probation and sentence the juvenile to a term of years in prison not to exceed the penalty that might have been imposed for the offense for which the juvenile was originally convicted.”
“A defendant who is not advised of the ramifications of a subsequent conviction is not afforded due process and cannot thereafter have his [or her] juvenile probation revoked for the failure to comply with [the] condition of probation [requiring mandatory revocation and resentencing upon conviction of a felony or misdemeanor punishable by more than one year in prison].” People v Valentin, 220 Mich App 401, 405 (1996), aff’d 457 Mich 1 (1998), citing People v Stanley, 207 Mich App 300, 307 (1994).
3.Records and Reports That Must be Sent to Juvenile and DHHS
“The court shall assure that the juvenile receives a copy of the social report.”5 MCR 6.931(F)(2).
Additionally, the court must send a copy of the order and the written opinion or transcript of the findings and conclusions of law to the DHHS or county juvenile agency, as applicable. MCL 769.1(6); MCR 6.931(F)(3).
4.Limitations on Juvenile Probation
The court, in imposing probation and committing the juvenile to state wardship, shall not do any of the following:
•place the juvenile on deferred sentencing as provided in MCL 771.1(2). MCR 6.931(F)(4); see also MCL 771.1(4);
•require, as a condition of juvenile probation, that the juvenile report to a Department of Corrections probation officer. MCR 6.931(F)(7);
•impose, as a condition of juvenile probation, jail time against the juvenile except as provided in MCR 6.933(G)(2).6 MCR 6.931(F)(8);
•commit the juvenile to the Department of Corrections for failing to comply with a restitution order. MCR 6.931(F)(9); or
•place the juvenile in a Department of Corrections probation camp for one year as provided in MCL 771.3a(1). MCR 6.931(F)(10); see also MCL 771.3a(2).7
In addition, “[t]he five-year limit on the term of probation for an adult felony offender shall not apply.” MCR 6.931(F)(6).
1 “Title IV-E funds” are federal funds used to partially reimburse states for costs associated with delinquent and dependent children in foster care. See Section (C).
2 Effective January 12, 1999, 1998 PA 517 amended the Youth Rehabilitation Services Act, MCL 803.301 et seq., to redesignate references to “state” wardship as “public” wardship in conformity with the simultaneous enactment of the county juvenile agency act, MCL 45.621 et seq. See Section 16.17(B) and Section (C).
3 See Section 16.17(B) and Section (C).
4 SCAO guidelines for court-ordered reimbursement can be found at https://www.courts.michigan.gov/4a548b/siteassets/court-administration/standardsguidelines/childprotectionjuvdel/cor.pdf.
5 Although MCR 6.931(F)(2) refers to the required DHHS report as a “social report” (see also MCR 6.903(L)), the relevant DHHS policy manual refers to this report as a “pre-sentence investigation (PSI) report.” See the DHHS’s Juvenile Justice Specialist (JJS) Roles and Responsibilities Manual, JJ2 210, Pre-Sentence Investigations.
6 MCR 6.933(G)(2)(g) allows the court, if a juvenile has violated juvenile probation, to “order the juvenile continued on juvenile probation and under state wardship[]” and to incarcerate the juvenile in a county jail for up to 30 days. See Part E of this Chapter.
7 MCR 6.931(F)(5) additionally provides that “[t]he court shall not place the juvenile on life probation for conviction of a controlled substance violation, as set forth in MCL 771.1(4).” However, effective March 1, 2003, 2002 PA 666 deleted the text of former MCL 771.1(4), which had allowed a sentencing judge to place a defendant on life probation for a violation of MCL 333.7401(2)(a)(iv) or MCL 333.7403(2)(a)(iv). Also effective March 1, 2003, 2002 PA 665 abolished the penalty of lifetime probation for violations of MCL 333.7401(2)(a)(iv) or MCL 333.7403(2)(a)(iv).