JUVENILE RECORDS; RELEASE TO RESEARCHER S.B. 688 (S-2):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 688 (Substitute S-2 as reported)
Sponsor: Senator Stephanie Chang
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
The bill would amend the Juvenile Diversion Act to allow an individual or organization to submit a research request for a juvenile record to the State Court Administrative Office (SCAO) or an individual court and prescribe the conditions for the use and release of such information, including redacting personally identifiable information. The released data would be exempt from disclosure under the Freedom of Information Act. Additionally, the SCAO and each court, as applicable, would have to maintain certain records about the request and the released data. The bill would allow SCAO to charge the researcher to cover costs incurred for processing the request.
The bill would take effect October 1, 2024.
BRIEF RATIONALE
Public Acts 292, 293, 301, and 302 of 2023 enacted various gubernatorial recommendations governing Michigan's juvenile justice system that will take effect October 1, 2024. Specifically, the Acts increase eligibility for, to increase participation in, diversion programs. It has been suggested that researchers be allowed access to juvenile record data to analyze the effectiveness of such programs and to monitor if the reforms are meeting the intended outcomes while also protecting the identities of the juveniles involved.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
The bill would likely include indeterminate administrative costs for the SCAO associated with the duty to create data use agreements when providing court records. These costs are indeterminate and are expected to be absorbed by current appropriations.
Date Completed: 5-9-24 Fiscal Analyst: Michael Siracuse
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.