Rule 3.944.Probation Violation

MCR 3.944 handles what happens when a juvenile on probation is accused of breaking a condition of it. The rule runs the whole sequence: how the case starts, whether the juvenile is held, what rights attach at the hearing, what the court must cover before taking a plea, and what the court may order afterward.

Starting the case

Subrule (A) begins with a sworn supplemental petition alleging a violation. The court may take either of two paths. It may direct that the juvenile be notified under MCR 3.920 to appear, with the notice including a copy of the petition and a statement of the rights listed in subrule (C)(1). Or it may order the juvenile apprehended and brought in for a detention hearing, which, except as otherwise provided in the rule, must commence within 24 hours after the juvenile has been taken into court custody, excluding Sundays and holidays as defined in MCR 8.110(D)(2). An officer who apprehends the juvenile must take the juvenile to the court or to the place the court designated, and must notify the custodial parent, guardian, or legal custodian of the custody, the hearing, and the need to attend.

The detention hearing

Subrule (B) lists what the court does: confirm notice to a parent, guardian, or legal custodian, hand the juvenile a copy of the petition, read it unless the reading is waived, state the rights and the possible dispositions, and take the juvenile's response. The court must also consider the results of a detention screening tool under MCR 3.907.

The response splits the case. An accepted admission or no contest plea lets the court modify the existing probation order or enter any disposition available under MCL 712A.18 or MCL 712A.18a. A denial or silence sends the matter to a probation violation hearing that must commence within 42 days. The juvenile may be held without bond pending that hearing on probable cause, but if the hearing does not commence within 42 days and the delay is not attributable to the juvenile, the juvenile must be released without posting bail.

Subrule (B)(5)(c) adds a mental health track for juveniles taken into custody for violating an order under MCL 712A.2(a)(2) to (4) and held in a secure facility. The petitioner must ensure that an appropriately trained, licensed, or certified mental health or substance abuse professional interviews the juvenile in person within 24 hours to assess immediate mental health and substance abuse needs. The assessment may instead be done when the petition is filed, before any order placing the juvenile in a secure facility. The completed assessment goes to the court within 48 hours of the placement, and the court holds a hearing on whether there is reasonable cause to believe the juvenile violated the order and on appropriate placement pending disposition of the alleged violation.

The hearing and pleas

Subrule (C) lists seven rights at the violation hearing, including counsel under MCR 3.915(A)(1), proof by a preponderance of the evidence, compulsory process, questioning of adverse witnesses, silence that carries no cost, and the choice to testify. The Michigan Rules of Evidence, other than those with respect to privileges, do not apply, and there is no right to a jury. Subrule (D) sets an eight-step plea colloquy covering the nature of the alleged violation, the possible dispositions, the rights being given up, any plea agreement, promises and threats, factual support, input from a parent, guardian, legal custodian, or guardian ad litem, and a finding that the plea is accurate, voluntary, and understanding.

What the court may order

Subrule (E) allows modification of probation or any disposition under MCL 712A.18 or MCL 712A.18a. Secure placement for violating an order under MCL 712A.2(a)(2) to (4) demands individualized findings, including that no less restrictive alternative is available, a stated length not to exceed 7 days, and a release plan. That order may not be renewed or extended. A violation found on the basis of a new offense is recorded as a violation only and is not reported to the State Police or the Secretary of State as an adjudication or disposition. Subrule (F) bars detention or incarceration solely for nonpayment of restitution.