LANSING, Mich.—Governor Gretchen Whitmer signed two bills to reform Michigan’s juvenile justice system and better position Michigan’s youth for successful adulthoods. The bills expand Michigan’s Indigent Defense Commission duties to include indigent defense of youth, so every youth in the juvenile justice system can access representation and allow certain information sharing for research purposes in juvenile justice cases. These bills implement recommendations by the Michigan Task Force on Juvenile Justice Reform, an effort led and co-chaired by Lt. Governor Garlin Gilchrist.
“We’re working hard to give every young person in Michigan the resources they need to thrive,” said Governor Whitmer. “Thanks to Lt. Governor Gilchrist’s leadership, we’ve invested over $50 million to implement the recommendations of the Michigan Task Force on Juvenile Justice Reform and build a fairer juvenile justice system. These two bills will help us build on this progress, ensuring kids can access legal representation and making our system more data driven. Let’s keep working together to empower more Michiganders to ‘make it’ in Michigan.”
“Every young person deserves the chance to be successful,” said Lt. Governor Garlin Gilchrist II. “As chair of the Michigan Task Force on Juvenile Justice Reform, I’m proud of our work to change how young Michiganders experience the justice system and improve their outcomes. We’ve shown Michigan youth that we have their backs, they matter, and that we believe in them and their futures. These bills will build on our work and ensure every justice-involved youth can access the resources they need. Thank you to everyone who helped us get this done, and we will continue to stand tall so more young people in Michigan can envision a bright future for themselves.”
Senate Bill 081, sponsored by state Senator Sue Shink (D-Northfield Twp.), expands the Michigan Indigent Defense Commission act to include indigent defense of youth. This ensures that youth who are unable to obtain legal representation for themselves, without substantial financial hardship, can use the commission’s services. The bill also prohibits youth from waiving their right to counsel unless they were advised on the consequences of the waiver and the waiver was on the record and in writing.
House Bill 4396, sponsored by state Representative Sarah Lightner (R-Springport), addresses the unavailability or unreliability of data found by the Michigan Task Force on Juvenile Justice Reform by allowing certain anonymized information of juvenile justice cases to be shared for research purposes. This bill will support researchers in accessing information that could help shape future policy to improve the juvenile justice system.
“Everyone facing criminal charges deserves an effective, well-resourced attorney and a zealous defense. For over a decade, the MIDC has protected the rights of indigent adults in our state’s criminal system,” said Kristen Staley, Executive Director of the Michigan Indigent Defense Commission. “SB 81 expands the MIDC’s impact to Michigan’s children. It is a life-altering change for the young clients involved in our juvenile legal system and one that the MIDC is proud to lead.”
“MCYJ is excited to see Gov. Whitmer prioritize the rights of Michigan’s children with the passage of these new bills,” said Jen Peacock, policy director at the Michigan Center for Youth Justice. “Ensuring juvenile defense will guarantee that justice-impacted children have the support they need to navigate some of their most difficult moments. Modifying the Juvenile Diversion Act through the signing of HB 4396 will empower researchers to assess juvenile diversion programs and provide youth with the best treatment possible. With these two bills, we are two steps closer to a fairer and more equitable justice system for all Michigan youth.”
“For far too long, children have been denied their constitutional right to counsel. Senate Bill 81 will ensure that every child in Michigan has access to the same high-quality legal representation already afforded to adults,” said Lisa J. Hammameh, president of the State Bar of Michigan. “Our children deserve—and our Constitution demands—nothing less. We are proud to see Michigan take this transformational step forward to better ensure justice for young people, their families, and their communities.”
“SB 81 is unquestionably the most significant legislation affecting youth defense in Michigan’s recent history. It will ensure that young people across the state receive competent, well-trained legal representation, strengthening the fairness and integrity of Michigan’s justice system,” said Rhonda B. Ives, president of the Criminal Defense Attorneys of Michigan. “CDAM is proud to have helped secure these important legal protections for children charged with crimes and to support minimum statewide standards for effective legal counsel, funding, and compliance through the Michigan Indigent Defense Commission.”
“Every child, regardless of where they live or what their economic status is, deserves access to quality legal representation when their future is on the line,” said Loren Khogali, Executive Director of the American Civil Liberties Union of Michigan. “Signing this legislation into law will finally help make that happen.”
“Data is essential to improving systems of care and ensuring programs are meeting the needs of the young people they serve. House Bill 4396 creates a responsible way to securely connect data across courts and community-based diversion programs while protecting confidentiality,” said Sheryl Kubiak, Ph.D., M.S.W. Director, Center for Behavioral Health and Justice Dean, Wayne State University School of Social Work. “By supporting greater collaboration and a more complete understanding of how youth move through diversion, this legislation will help communities strengthen programs and improve outcomes for young people across Michigan.”
Reforming Michigan’s Criminal Justice System
Governor Whitmer and Lt. Governor Garlin Gilchrist have worked hard to enact historic criminal justice reform so every Michigander can get on a path to a brighter future.
- Signed Clean Slate bills making hundreds of thousands of Michiganders eligible for automatic set aside of criminal records, expanding their opportunities for jobs and housing. Invested millions of dollars to assist returning citizens with expungement.
- Signed Clean Slate for Kids creating a process to automatically expunge juvenile records for those who don’t commit future offenses.
- Signed Raise the Age ensuring anyone under 18 is treated as a minor in juvenile court and receives rehabilitation services in the juvenile justice system to reduce recidivism.
- Launched the Task Force on Juvenile Justice Reform to improve the juvenile justice system and have invested over $53 million to implement the task force’s recommendations.
- Signed Juvenile Justice Reform bills investing in diversion and re-entry services to better position Michigan youth for successful adulthoods.
- Signed the Good Moral Character package expanding opportunities for Michiganders post-conviction or post judgment.
- Signed a civil asset forfeiture package increasing property protections for individuals who have not been convicted of a crime.
- Invested $22.1 million to support various investments that increase offender success through education, training, and reentry program.
- Created Family Treatment Court expanding access to drug treatment options, mental health resources, and support programs to help keep families together.
- Appropriated over $1.4 billion to help local trial courts support effective and fair assistance of counsel for indigent criminal defendants across the state.
- Invested $57.4 million in community jail diversion programs to divert individuals with mental illness, substance abuse disorders, and disabilities from the justice system.
- Established a policy that will guarantee critical medical resources and support to Department of Corrections’ pregnant and post-partum prisoners and their newborns.
- Launched the Task Force on Jail and Pretrial Incarceration to expand alternatives to jail and improve the effectiveness of the front end of Michigan’s justice system.
- Invested $18.7 million to reduce the cost of prisoner telephone charges, promoting their successful rehabilitation and reentry in society.
