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MI HB6018
Bill
Status
11/8/2012
Primary Sponsor
Joe Haveman
Click for details
AI Summary
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Amends Michigan's Code of Criminal Procedure to require juveniles convicted of 12 specified serious crimes (including murder, armed robbery, criminal sexual conduct, kidnapping, and arson of a dwelling) to be sentenced as adults, except as provided in corrections code sections 34 and 34d.
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For juveniles not required to be sentenced as adults, mandates a court hearing to determine whether public interests are best served by probation with commitment to a youth rehabilitation agency or adult sentencing, with the court defaulting to adult sentencing unless it finds by preponderance of evidence that rehabilitation is in the public interest.
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Establishes procedures for prosecutors to request hearings on whether defendants under age 18 convicted of life-without-parole offenses should receive life without parole or life with parole eligibility, with specific deadlines (14 days for new convictions, 28 days for prior convictions).
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Requires courts to consider 13 specified aggravating and mitigating factors at sentencing hearings for juvenile offenders, including the defendant's role in the offense, victim characteristics, prior criminal history, mental state, age, and family circumstances.
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Establishes that courts must state findings of fact and conclusions of law on the record, retain jurisdiction over juveniles placed on probation with commitment, and conduct annual reviews of placement and progress.
Legislative Description
Criminal procedure; sentencing; life offense where accused is a minor; revise factors to consider. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1) & adds sec. 1m to ch. IX.
Juveniles, criminal procedure
Last Action
Printed Bill Filed 11/09/2012
11/27/2012