The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6879 November 14, 1995 SOCIAL SERVICES, DEPARTMENT OF: Person committed to the Department of Social Services under the Youth Rehabilitation Services Act, and placed by the department under that statute, registering to vote or voting ELECTIONS: Person committed to the Department of Social Services under the Youth Rehabilitation Services Act, and placed by the department under that statute, registering to vote or voting A person committed to the Department of Social Services under the Youth Rehabilitation Services Act, and placed by the department under that statute, may not be prohibited from registering to vote or voting under sections 492a and 758b, respectively, of the Michigan Election Law. Gerald H. Miller Director Michigan Department of Social Services 235 South Grand Avenue P.O. Box 30037 Lansing, Michigan You have asked if a person committed to the Department of Social Services under the Youth Rehabilitation Services Act, MCL 803.301 et seq; MSA 25.399(51) et seq, and placed by the department under that statute, may be prohibited from registering to vote or voting under sections 492a and 758b, respectively, of the Michigan Election Law, MCL 168.1 et seq, MSA 6.1001 et seq. In section 492a of the Michigan Election Law, the Legislature has provided, with regard to voter registration, the following: A person confined in a jail, who is otherwise a qualified elector, prior to trial or sentence may, upon request, register under section 504. The person shall be deemed a resident of the city, township, and address at which he resided next prior to confinement. A person while confined in a jail after being convicted and sentenced shall not be eligible to register. [ Emphasis added.] The prohibition on registering to vote is limited to persons "confined in a jail." Section 758b of the Michigan Election Law provides, with regard to voting, as follows: A person who, in a court of this or another state or in a federal court, has been legally convicted and sentenced for a crime for which the penalty imposed is confinement in jail or prison shall not vote, offer to vote, attempt to vote, or be permitted to vote at an election while confined. [ Emphasis added.] The prohibition on voting is limited to "persons confined in jail or prison." OAG, 1975-1976, No 5121, p 656 (October 26, 1976). Section 4 of the Youth Rehabilitation Services Act, which deals with the placement of state wards committed to the Department of Social Services by the courts, provides: (1) The department may establish facilities and programs for the care of state wards. The department shall supervise and operate state facilities and programs or contract for the care of state wards, including institutions, halfway houses, youth camps, diagnostic centers, regional detention facilities and treatment centers, group homes, supervision in the community, or other child welfare services. (4) A state ward under this act may be placed in any facility, residence, or program described in this section. If the department determines the best interests of a state ward require the involvement of another state agency, other than the department of corrections, then the department, together with that agency, shall determine an appropriate care and treatment plan for the state ward. [ Emphasis added.] In ascertaining legislative intent, the Legislature is presumed to have intended the meaning expressed by the language it has employed and when that language is clear, no further interpretation is necessary. Owendale-Gagetown School Dist v State Bd of Education, 413 Mich 1, 8; 317 NW2d 529 (1982). Under section 4 of the Youth Rehabilitation Services Act, the Department of Social Services has the authority to place the state ward in a facility, residence or program described in section 4. Under section 4, the Department of Social Services has no authority to place the state ward in a jail or prison. Consequently, there is no basis to prohibit either voter registration under section 492a or voting under section 758b of the Michigan Election Law for state wards because they are not confined in either a jail or a prison. It is my opinion, therefore, that a person committed to the Department of Social Services under the Youth Rehabilitation Services Act, and placed by the department under that statute, may not be prohibited from registering to vote or voting under sections 492a and 758b, respectively, of the Michigan Election Law. Frank J. Kelley Attorney General