Scao Administrative Memorandum 2002-01 - Public Acts 187-188 And 203-204, Fingerprinting And Reporting To Criminal Justice Information Center - State Court Administrative Office

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Michigan Supreme Court
State Court Administrative Office
309 N. Washington Square, P. O. Box 30048
Lansing, Michigan 48909
(517) 373-4835
John D. Ferry, Jr., State Court Administrator
M E M O R A N D U M
DATE:
March 22, 2002
TO:
Chief Judges
cc:
Court Administrators, Juvenile Registers and Clerks
Court Case Management Software Vendors
FROM:
John D. Ferry, Jr.
SUBJ:
SCAO Administrative Memorandum 2002-01
Public Acts 187-188 and 203-204, Fingerprinting and Reporting to Criminal Justice
Information Center
Public Acts 187 and 188 of 2001(effective April 1, 2002) and Public Acts 203 and 204 of 2001(effective
October 1, 2002) amend requirements for fingerprinting and for reporting case disposition information to
the Criminal Justice Information Center (CJIC) of the Michigan State Police (MSP). These public acts are
part of a 26 act package focusing on domestic violence. This memorandum focuses on the provisions in
Public Acts 187, 188, 203, and 204 which may be of interest to courts.
A.
Taking of Fingerprints at Arrest
1.
Juveniles
On April 1, 2002, the statutory definition of “juvenile offense” will change markedly.
“Juvenile offense” is currently defined at MCL 28.241a(f) as an offense by a juvenile that,
if committed by an adult, would be any offense on a particular list of 25 felonies. Under the
new definition [now at renumbered MCL 28.241a(h)], a “juvenile offense” will be an offense
by a juvenile that, if committed by an adult, would be a felony, a misdemeanor, or a criminal
contempt conviction for violation of a personal protection order (PPO) or a foreign protection
order (FPO). [An FPO is essentially the equivalent of a PPO issued against the individual in
another state.] [MCL 28.241a(h); 2001 PA 187]
In conjunction with the change in the definition of “juvenile offense,” the requirement for
fingerprinting a juvenile upon arrest will also be altered. As of April 1, the arresting law
enforcement agency shall take the juvenile’s fingerprints upon arrest for a juvenile offense
other than a juvenile offense for which the maximum possible penalty does not exceed 92
days’ imprisonment, a fine of $1000, or both. A juvenile’s fingerprints should be taken by
law enforcement whenever he or she is taken into custody for committing what for an adult

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