Sec. 36b.
(1) Except for a dismissal based upon a judicial finding on the record that the petition and the facts supporting it are insufficient to support a claim of jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, a case involving the alleged commission of an offense, as defined in section 31, by a juvenile shall not be diverted, placed on the consent calendar, or made subject to any other prepetition or preadjudication procedure that removes the case from the adjudicative process unless the court gives written notice to the prosecuting attorney of the court's intent to remove the case from the adjudicative process and allows the prosecuting attorney the opportunity to address the court on that issue before the case is removed from the adjudicative process. Before any formal or informal action is taken, the prosecutor shall give the victim notice of the time and place of the hearing on the proposed removal of the case from the adjudicative process. The victim has the right to attend the hearing and to address the court at the hearing. As part of any other order removing any case from the adjudicative process, the court shall order the juvenile or the juvenile's parents to provide full restitution as provided in section 44.
(2) Before finalizing any informal disposition, preadjudication, or expedited procedure, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the views of the victim about that manner of disposing of the case.
History: Add. 2000, Act 503, Eff. June 1, 2001
Structure Michigan Compiled Laws
Chapter 780 - Criminal Procedure
Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834)
Article 2 - (780.781...780.802)
Section 780.782 - Information to Be Given Victim.
Section 780.783 - Return of Property to Victim.
Section 780.783a - Statement on Complaint or Petition.
Section 780.784 - Separate Statement.
Section 780.786a - Speedy Trial.
Section 780.787 - Separate Waiting Area; Other Safeguards.
Section 780.788 - Testimony Not to Be Compelled; Hearing; Exemption From Disclosure; Exception.
Section 780.789 - Presence of Victim at Hearing; Sequestering of Victim.
Section 780.791 - Additional Notices to Victim.
Section 780.791a - Providing Victim With Form to Receive Certain Notices.
Section 780.792 - Report; Impact Statement.
Section 780.794 - Definitions; Order of Restitution to Be Made by Juvenile.
Section 780.794a - Allocation of Payment From Juveniles.
Section 780.795 - Factors in Determining Order of Restitution by Juvenile.
Section 780.795a - Early Termination of Probation of Juvenile; Notice to Victim.
Section 780.796 - Additional Notice to Victim; Rights of Victim in Further Proceedings or New Trial.
Section 780.796b - Deductions and Payments.
Section 780.798a - Notification by Court.
Section 780.799 - Providing Victim With Certified Copy of Order of Adjudicative Hearing.
Section 780.800 - Cause of Action for Money Damages Against State or Local Government Not Created.
Section 780.801 - Effect of Failure to Provide Right, Privilege, or Notice to Victim.