Michigan Compiled Laws
175-1927-IV - Chapter IV Arrest (764.1...764.29)
Section 764.27a - Juvenile Taken Into Custody or Detained; Prohibitions; Confinement of Juvenile in County Jail; Other Confinement; Credit for Time Served.

Sec. 27a.
(1) A juvenile, other than a juvenile confined under subsection (3), must not be confined in a police station, prison, jail, lock-up, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal persons while awaiting trial.
(2) A juvenile, other than a juvenile confined under subsection (3), whose habits or conduct are considered to be a menace to other children, or who may not otherwise be safely detained, may be ordered by a court to be placed in a jail or other place of detention for adults, but in a room or ward out of sight and sound from adults.
(3) A juvenile or individual less than 18 years of age who is under the jurisdiction of the circuit court for committing a felony may be confined in the county jail pending trial. An individual less than 18 years of age who is under the jurisdiction of the probate court for committing a felony may be held in the county jail pending trial if the case is designated by the court under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, as a case in which the individual is to be tried in the same manner as an adult and the court has determined that there is probable cause to believe that the felony was committed and that there is probable cause to believe the individual committed that felony. If a juvenile or individual less than 18 years of age is confined in the county jail under this subsection, the juvenile or individual less than 18 years of age must be held physically separate from adult prisoners. A juvenile or individual less than 18 years of age must not be confined in the county jail under this subsection without the prior approval of the county sheriff. As used in this subsection, "felony" means a crime that is designated by law as a felony or that is punishable by imprisonment for more than 1 year.
(4) The court, upon motion of a juvenile or individual less than 18 years of age who is subject to confinement under subsection (3) may, for good cause shown, order the juvenile or individual less than 18 years of age to be confined as otherwise provided by law.
(5) If a person is convicted of a crime within this state and has served time in a juvenile facility before sentencing because of being denied or being unable to furnish bond for the offense of which he or she is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for time served in a juvenile facility before sentencing.
History: Add. 1988, Act 67, Eff. Oct. 1, 1988 ;-- Am. 1996, Act 254, Eff. Jan. 1, 1997 ;-- Am. 2019, Act 105, Eff. Oct. 1, 2021 Compiler's Notes: Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

175-1927-IV - Chapter IV Arrest (764.1...764.29)

Section 764.1 - Issuance of Processes; Authorization for Issuance of Warrant or Summons; Exception; Making Complaint for Arrest Warrant or Summons by Electronic or Electromagnetic Means; Proof of Signing; Location.

Section 764.1a - Complaint; Allegations; Swearing Before Magistrate or Clerk; Issuance of Summons; Finding of Reasonable Cause; Testimony; Supplemental Affidavits; Basis of Factual Obligations; Complaint Alleging Violation of MCL 750.81 or 750.81a or...

Section 764.1b - Warrant; Recitation of Accusation; Directions to Peace Officer.

Section 764.1c - Issuing Warrant or Endorsing Complaint if Accused in Custody Upon Arrest Without Warrant; Finding of Reasonable Cause; Endorsement as Complaint and Warrant.

Section 764.1d - Complaint; Recitation of Accusation; Factual Allegations.

Section 764.1e - Complaint Signed by Peace Officer; Statement; Making Materially False Statement in Complaint as Perjury; Penalty; Contempt of Court.

Section 764.1f - Juvenile; Filing Complaint and Warrant With Magistrate; “Specified Juvenile Violation” Defined.

Section 764.1g - Arrest Warrant; Determination That Person Is Parolee; Use of Lein; Notice.

Section 764.2 - Warrant; Pursuit and Apprehension of Party in Other County; Aid.

Section 764.2a - Peace Officer; Exercise of Authority in Other County, City, Village, Township, Public Airport Authority, or University; Violation Involving Water Vessel; "Public Airport Authority" Defined.

Section 764.2b - Authority and Immunity of Law Enforcement Officer of Another State; Definitions.

Section 764.3 - Failure to Appear; Rebuttable Presumption for First Failure; Revocation of Release Order or Forfeiture of Bail; Issuance of Warrant; Conditions and Reasons.

Section 764.4 - Taking Person Arrested Pursuant to Warrant Before Magistrate of Judicial Circuit in Which Arrest Made; Conditions.

Section 764.5 - Taking Recognizance for Arrested Person's Appearance Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed.

Section 764.6 - Recognizance; Certification; Delivery.

Section 764.6f - Communication and Hearing Protocols for Swift Processing of Warrants Originated in Another County.

Section 764.7 - Taking Arrested Person Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed in Absence of Bail.

Section 764.8 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 764.9 - Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.

Section 764.9a - Minor Offense; Written Order for Summons; Contents; Service.

Section 764.9b - Repealed. 1999, Act 76, Eff. Oct. 1, 1999.

Section 764.9c - Arrest Without Warrant for Misdemeanor or Ordinance Violation; Issuance and Service of Appearance Ticket by Police Officer or Specially Authorized Public Servant; Exceptions; Circumstances for Arrest; Time Period for Charges or Relea...

Section 764.9d - Complaint; Filing; Contents; Dismissal.

Section 764.9e - Failure to Appear; Rebuttable Presumption; Articulable Reasons to Overcome Presumption.

Section 764.9f - Appearance Ticket; Definition; Consecutive Numbering; Form; Contents; Modification.

Section 764.9g - Magistrates Jurisdiction; Pleas, Complaint.

Section 764.10-764.12 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 764.13 - Arrest Without Warrant; Taking Arrested Person Before Magistrate of Judicial District in Which Offense Charged to Have Been Committed; Complaint.

Section 764.14 - Arrest by Private Person; Disposition of Arrested Person; Complaint.

Section 764.15 - Arrest by Officer Without Warrant; Situations; Circumstances.

Section 764.15a - Arrest Without Warrant for Assault of Individual Having Child in Common, Household Resident, Dating Relationship, or Spouse or Former Spouse.

Section 764.15b - Arrest Without Warrant for Violation of Personal Protection Order; Answering to Charge of Contempt; Hearing; Bond; Show Cause Order; Jurisdiction to Conduct Contempt Proceedings; Prosecution of Criminal Contempt; Prohibited Actions...

Section 764.15c - Investigation or Intervention in Domestic Violence Dispute; Providing Victim With Notice of Rights; Address Confidentiality Program; Report; Retention and Filing of Report; Development of Standard Domestic Violence Incident Report F...

Section 764.15d - Federal Law Enforcement Officer; Powers.

Section 764.15e - Violation of Condition of Release; Arrest Without Warrant; Duties of Peace Officer; Release on Interim Bond; Priority to Certain Cases; Hearing and Revocation Procedures.

Section 764.15f - Violation of Order Issued by Probate Court or Family Division of Circuit Court; Arrest Without Warrant; Duties of Police Officer and Court; Authority of Judge to Arraign, Take Plea, or Sentence; Judge Not Available; Entering Order I...

Section 764.15g - Determination That Person Arrested Is Parolee; Notice to Department of Corrections; Compliance.

Section 764.15h - Investigation of Financial Neglect, Abuse or Harm of a Vulnerable Adult or Elder Adult; Definitions.

Section 764.16 - Arrest by Private Person; Situations.

Section 764.17 - Arrest; Time.

Section 764.18 - Arrest; Under Warrant; Duty of Officer.

Section 764.19 - Arrest; Without Warrant; Officer, Duties; Return as Evidence.

Section 764.20 - Arrest; Private Persons, Duty.

Section 764.21 - Right to Break Open Inner or Outer Door.

Section 764.22 - Right to Break Open Door or Window.

Section 764.23 - Escape From Custody or From State Correctional Facility; Pursuit and Retaking or Arrest Without Warrant; Definition.

Section 764.23a - Trespass Upon State Correctional Facility; Violation; Arrest Without Warrant; “State Correctional Facility” Defined.

Section 764.24 - Arrest; Escape or Rescue; Means of Recapture.

Section 764.25 - Arrest; Weapons and Articles on Prisoner; Seizure, Disposal.

Section 764.25a - Strip Search.

Section 764.25b - Body Cavity Search.

Section 764.25c - Repealed. 1983, Act 92, Eff. Mar. 29, 1984.

Section 764.26 - Arrest; Rights of Alleged Felon.

Section 764.26a - Dismissal of Charges Before Trial; Requirements; Receipt of Order.

Section 764.27 - Arrest of Child Less Than 18 Years of Age; Procedure.

Section 764.27a - Juvenile Taken Into Custody or Detained; Prohibitions; Confinement of Juvenile in County Jail; Other Confinement; Credit for Time Served.

Section 764.28 - Failure of Person Under Recognizance or Appeal to Appear; Forfeiture; Issuing Process for Arrest of Appellant or Defendant.

Section 764.29 - Fingerprints.