# MCR 6.909: Rule 6.909. Releasing or Detaining Juveniles Before Trial or Sentencing

> Michigan · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_909

## Section

- **Citation:** MCR 6.909
- **Heading:** Rule 6.909. Releasing or Detaining Juveniles Before Trial or Sentencing
- **Jurisdiction:** Michigan
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Michigan Court Rules / Criminal Procedure / Michigan Court Rules / CH6 / MCR 6.909

## Text

(A) Bail; Detention.
(1) Bail. Except as provided in subrule (2) the magistrate or court must advise the
juvenile of a right to bail as provided for an adult accused. The magistrate or the
court may order a juvenile released to a parent or guardian on the basis of any lawful
condition, including that bail be posted.
(2) Detention Without Bail. If the proof is evident or if the presumption is great that the
juvenile committed the offense, the magistrate or the court may deny bail:
(a) to a juvenile charged with first-degree murder, second-degree murder, or

Chapter 6. Criminal Procedure
Chapter Updated July 31, 2026
(b) to a juvenile charged with first-degree criminal sexual conduct, or armed
robbery,
(i)
who is likely to flee, or
(ii) who clearly presents a danger to others.
(B) Place of Confinement.
(1) Juvenile Facility. Except as provided in subrule (B)(2) and in MCR 6.907(B), a
juvenile charged with a crime and not released must be placed in a juvenile facility
while awaiting trial and, if necessary, sentencing, rather than being placed in a jail or
similar facility designed and used to incarcerate adult prisoners.
(2) Jailing of Juveniles; Restricted. On motion of a prosecuting attorney or a
superintendent of a juvenile facility in which the juvenile is detained, the magistrate
or court may order the juvenile confined in a jail or similar facility designed and
used to incarcerate adult prisoners upon a showing that
(a) the juvenile's habits or conduct are considered a menace to other juveniles; or
oners.
(2) Jailing of Juveniles; Restricted. On motion of a prosecuting attorney or a
superintendent of a juvenile facility in which the juvenile is detained, the magistrate
or court may order the juvenile confined in a jail or similar facility designed and
used to incarcerate adult prisoners upon a showing that
(a) the juvenile's habits or conduct are considered a menace to other juveniles; or
(b) the juvenile may not otherwise be safely detained in a juvenile facility.
(3) Family Division Operated Facility. The juvenile shall not be placed in an institution
operated by the family division of the circuit court except with the consent of the
family division or on order of a court as defined in MCR 6.903(C).
(4) Separate Custody of Juvenile. The juvenile in custody or detention must be
maintained separately from the adult prisoners or adult accused as required by MCL
764.27a.
(C) Speedy Trial. Within 7 days of the filing of a motion, the court shall release a juvenile
who has remained in detention while awaiting trial for more than 91 days to answer for
the specified juvenile violation unless the trial has commenced. In computing the 91-day
period, the court is to exclude delays as provided in MCR 6.004(C)(1)-(6) and the time
required to conduct the hearing on the motion.

## Nearby sections

- [MCR 6.001 Rule 6.001. Scope; Applicability of Civil Rules; Superseded Rules and Statutes](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_001.md)
- [MCR 6.002 Rule 6.002. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_002.md)
- [MCR 6.003 Rule 6.003. Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_003.md)
- [MCR 6.004 Rule 6.004. Speedy Trial](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_004.md)
- [MCR 6.005 Rule 6.005. Right to Assistance of Lawyer; Advice; Appointment for Indigents; Waiver;](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_005.md)
- [MCR 6.006 Rule 6.006. Video and Audio Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_006.md)
- [MCR 6.007 Rule 6.007. Confidential Records](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_007.md)
- [MCR 6.008 Rule 6.008. Criminal Jurisdiction](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_008.md)
- [MCR 6.009 Rule 6.009. Use of Restraints on a Defendant](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_009.md)
- [MCR 6.101 Rule 6.101. Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_101.md)
- [MCR 6.102 Rule 6.102. Warrants and Summonses](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_102.md)
- [MCR 6.103 Rule 6.103. Failure to Appear](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_103.md)
- [MCR 6.104 Rule 6.104. Arraignment on the Warrant or Complaint](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_104.md)
- [MCR 6.105 Rule 6.105. Voluntary Appearance](https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_105.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MI_MCR_CH6_R6_909. Check the current official text before relying on it. Not legal advice.
