DETROIT – Michigan is one of four states -- among Georgia, Wisconsin and Texas -- that classify 17-year-old offenders as adults in courtrooms, but a new proposal is pushing to change that.
The bill would make it so offenders under 18 are treated as juveniles in court, allowing them to have the chance to attend counseling rather than immediately going to prison.
Even if the new legislation passes, prosecutors would retain the right to go for adult charges against an underage offender.
State Sen. Sylvia Santana (D-Detroit) introduced a package of bills on Wednesday. Under current Michigan law, 17-year-olds are automatically prosecuted as adults if they get in trouble with the law, even for non-violent offenses.
“Seventeen-year-olds aren’t old enough to purchase cigarettes, lottery tickets, vote or serve in the military, but yet we have a law that states they’re old enough to be tried as an adult in the courtroom,” Santana said. “It isn’t right, and we’re denying our troubled youth an opportunity to reform themselves and do better.”
Santana’s legislation, Senate bills 92, 95 and 102, would amend the:
- Code of Criminal Procedure by changing the eligibility for placement under the Holmes Youthful Trainee Act by limiting it to individuals who committed a crime on or after their 18th birthday (instead of 17th), but before they turn 24;
- Juvenile Diversion Act by defining a “minor” to be an individual less than 18 years of age and require that the record of a minor be destroyed within 28 days after the minor reaches 18 (rather than 17); and,
- Social Welfare Act to create the Raise the Age fund within the State Treasury.