Section 722.822 - Definitions. - Michigan Statutes

JUVENILE DIVERSION ACT (EXCERPT)
Act 13 of 1988

722.822 Definitions.

Sec. 2.

As used in this act:

(a) “Assaultive crime” means an offense that, if committed by an adult, would constitute an offense against a person described in section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350, 397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, and 750.530 of the Michigan Compiled Laws.

(b) “Court” means the family division of circuit court.

(c) “Divert” or “diversion” means the placement that occurs when a formally recorded apprehension is made by a law enforcement agency for an act by a minor that if a petition were filed with the court would bring that minor within section 2(a) of chapter XIIA of Act No. 288 of the Public Acts of 1939, being section 712A.2 of the Michigan Compiled Laws, and instead of petitioning the court or authorizing a petition, either of the following occurs:

(i) The minor is released into the custody of his or her parent, guardian, or custodian and the investigation is discontinued.

(ii) The minor and the minor's parent, guardian, or custodian agree to work with a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation.

(d) “Law enforcement agency” means a police department of a city, village, or township, a sheriff's department, the department of state police, or any other governmental law enforcement agency in this state.

(e) “Minor” means an individual less than 17 years of age.

History: 1988, Act 13, Eff. Apr. 1, 1988 ;-- Am. 1994, Act 197, Eff. Oct. 1, 1994 ;-- Am. 1996, Act 415, Eff. Jan. 1, 1998