Rule 6.903 Definitions

When used in this subchapter, unless the context otherwise indicates:

(A) “Commitment review hearing” includes a hearing as required by MCL 769.1 to decide whether the jurisdiction of the court shall continue over a juvenile who was placed on juvenile probation and committed to state wardship.

(B) “Commitment review report” means a report on a juvenile committed to state wardship for use at a commitment review hearing prepared by the Family Independence Agency pursuant to MCL 803.225 (§ 5 of the Juvenile Facilities Act).

(C) “Court” means the circuit court as provided in MCL 600.606, but does not include the family division of the circuit court.

(D) “Family division” means the family division of the circuit court.

(E) “Juvenile” means a person 14 years of age or older, who is subject to the jurisdiction of the court for having allegedly committed a specified juvenile violation on or after the person's 14th birthday and before the person's 17th birthday.

(F) “Juvenile sentencing hearing” means a hearing conducted by the court following a criminal conviction to determine whether the best interests of the juvenile and of the public would be served:

(1) by retaining jurisdiction over the juvenile, placing the juvenile on juvenile probation, and committing the juvenile to a state institution or agency as a state ward, as provided in MCL 769.1; or

(2) by imposing sentence as provided by law for an adult offender.

(G) “Juvenile facility” means an institution or facility operated by the juvenile division of the circuit court, or a state institution or agency described in the Youth Rehabilitation Services Act, MCL 803.301 et seq., or a county facility or institution operated as an agency of the county other than a facility designed or used to incarcerate adults.

(H) “Specified Juvenile Violation” means one or more of the following offenses allegedly committed by a juvenile in which the prosecuting attorney has authorized the filing of a criminal complaint and warrant instead of proceeding in the family division of the circuit court:

(1) burning a dwelling house, MCL 750.72;

(2) assault with intent to commit murder, MCL 750.83;

(3) assault with intent to maim, MCL 750.86;

(4) assault with intent to rob while armed, MCL 750.89;

(5) attempted murder, MCL 750.91;

(6) first-degree murder, MCL 750.316;

(7) second-degree murder, MCL 750.317;

(8) kidnapping, MCL 750.349;

(9) first-degree criminal sexual conduct, MCL 750.520b;

(10) armed robbery, MCL 750.529;

(11) carjacking, MCL 750.529a;

(12) bank, safe, or vault robbery, MCL 750.531;

(13) assault with intent to do great bodily harm, MCL 750.84, if armed with a dangerous weapon;

(14) first-degree home invasion, MCL 750.110a(2), if armed with a dangerous weapon;

(15) escape or attempted escape from a medium-security or high-security juvenile facility operated by the Family Independence Agency, or a high-security facility operated by a private agency under contract with the Family Independence Agency, MCL 750.186a;

(16) possession of [MCL 333.7403(2)(a)(i)] or manufacture, delivery, or possession with intent to manufacture or deliver of 650 grams(1,000 grams beginning March 1, 2003) or more of a schedule 1 or 2 controlled substance [MCL 333.7401(2)(a)(i)];

(17) any attempt, MCL 750.92; solicitation, MCL 750.157b; or conspiracy, MCL 750.157a; to commit any of the offenses listed in subrules (1)-(16);

(18) any lesser-included offense of an offense listed in subrules (1)-(17) if the juvenile is charged with a specified juvenile violation;

(19) any other violation arising out of the same transaction if the juvenile is charged with one of the offenses listed in subrules (1)-(17).

(I) “Dangerous Weapon” means one of the following:

(1) a loaded or unloaded firearm, whether operable or inoperable;

(2) a knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon;

(3) an object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon, or carried or possessed for use as a weapon;

(4) an object or device that is used or fashioned in a manner leading a person to believe the object or device is an object or device described in subrules (1)-(3).

(J) “Magistrate” means a judge of the district court or a municipal court as defined in MCL 761.1(f).

(K) “Progress report” means the report on a juvenile in state wardship prepared by the Family Independence Agency for the court as required by MCL 803.223 (§ 3 of the Juvenile Facilities Act) and by these rules.

(L) “Social report” means the written report on a juvenile for use at the juvenile sentencing hearing prepared by the Family Independence Agency as required by MCL 803.224 (§ 4 of the Juvenile Facilities Act).

(M) “State wardship” means care and control of a juvenile until the juvenile's 21st birthday by an institution or agency within or under the supervision of the Family Independence Agency as provided in the Youth Rehabilitation Services Act, MCL 803.301 et seq., while the juvenile remains under the jurisdiction of the court on the basis of a court order of juvenile probation and commitment as provided in MCL 769.1.