INTERSTATE COMPACT ON JUVENILES S.B. 826 (S-1): FLOOR ANALYSIS
Senate Bill 826 (Substitute S-1 as reported) Sponsor: Senator Loren Bennett Committee: Judiciary
The bill would amend Public Act 203 of 1958, which provides for Michigan’s participation in the Interstate Compact on Juveniles, to provide additional remedies for returning a child to his or her home state.
When a nonresident child was brought before a court, and the state was willing to permit the child’s return to his or her home state, the home state would have to determine the residence and jurisdictional facts regarding the child and the home state. The home state, within five days of finding that the child was a resident of that state and subject to its courts, would have to authorize the return of the child. The return would have to be at the expense of the home state, to be paid from funds that it procured, designated, or provided, with prompt action being of the essence.
The bill also specifies that Articles V and VI of the Compact (which deal with return of escapees and absconders, and voluntary return procedures, respectively) would apply to any delinquent charged with a violation of criminal law. A juvenile would have to be returned to the requesting state upon a requisition to the state in which the juvenile was found. A petition could be filed in the requesting state regardless of whether the juvenile had left the state before or after the filing of the petition.
MCL 3.701 Legislative Analyst: P. Affholter
At this time it is difficult to assess what, if any, fiscal impact the bill would have on the State and localities. The Department of Social Services (soon to be the Family Independence Agency) indicates that 46 states have incorporated this technical change in legislation that provides for Compact activity. There are approximately two children affected by this activity in a year. Since this amendment is necessary to move juvenile delinquents between states, the cost of movement is also an important factor. It is not currently known how much the local authorities would incur in costs of transporting juvenile delinquents back to Michigan, or how many out-of-State juveniles are in Michigan’s detention facilities. However, since the State does not currently send juveniles whose legal address is out of State back to their home state, then the bill would produce some savings in the costs of State detention. Conversely, having Michigan residents who are juveniles returned from other states would produce more costs for juvenile detention. Therefore, if there were any fiscal impact, it would be minimal.
Date Completed: 3-12-96 Fiscal Analyst: C. Cole
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.