State Rep. Sarah Lightner (R-Springport) today presented House Bill 4396, which will allow qualified researchers at Wayne State University to access de‐identified juvenile diversion data under strict privacy safeguards. HB 4396 amends the Juvenile Diversion Act by creating a “data use agreement” process that preserves confidentiality while ensuring rigorous, evidence-based analysis of diversion programs and outcomes.

“At today’s House Judiciary Committee hearing, I delivered testimony in support of this legislation along with Dr. Sheryl Kubiak, Dean of the School of Behavioral Health at Wayne State, because Michigan cannot improve juvenile diversion if we don’t know what’s working,” said Rep. Lightner. “This legislation paves a responsible path for researchers to measure program success—protecting every child’s privacy while equipping policymakers with the facts we need to reduce recidivism and invest efficiently.”

Under existing law, diversion records may only be reviewed by a court when determining whether to divert a minor; researchers have no clear avenue for evaluating program impact. HB 4396 explicitly authorizes the State Court Administrative Office (SCAO) or an individual court to negotiate a data use agreement with an approved researcher. That agreement must establish technical standards and procedures preventing any disclosure of personally identifiable information (PII), restrict all data use strictly to the scope of approved research, and require the researcher to comply with every term and condition of the agreement. Once an agreement is in place, SCAO or the court may release only de-identified or aggregated records as specified.

SCAO may charge reasonable administrative fees, and all data shared under a data use agreement will remain exempt from disclosure under the Freedom of Information Act. Additionally, HB 4396 mandates that SCAO and each participating court maintain a log of every research request—tracking dates received, dates granted, and a description of the data released—to ensure transparency and oversight.

Why This Matters:

Evidence-based policy — Michigan’s counties run dozens of diversion programs without uniform data on recidivism, cost-effectiveness, or long-term outcomes. Allowing independent researchers access to anonymized data to analyze statewide trends will reveal best practices and guide data-driven decisions.

Protecting privacy — By codifying strict data use agreements, the bill guarantees that no raw PII (names, dates of birth, addresses) ever sees the light of day. Courts retain control over which variables may be shared and under what conditions, ensuring every child’s confidentiality.

Reducing costs, improving outcomes — Research shows that shifting low-risk offenders into diversion programs can cut recidivism and lower correctional costs. HB 4396’s framework will allow Michigan to identify which programs deliver the greatest return on investment.

“Michigan’s juvenile justice system must be centered on facts, not anecdotes,” added Lightner. “By leveraging Wayne State’s research capacity, we can pinpoint which diversion strategies truly work—saving taxpayer dollars and giving every child the best chance to thrive.”

A vote on HB 4396 before the full House is expected in the coming weeks.

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