Deferred Sentencing (Youthful Offenders)

What is “deferred sentencing”?

“Deferred sentencing” is a procedure where the entry of a criminal conviction is delayed until after the defendant is given an opportunity to successfully complete probation. If probation is successfully completed, the defendant will be discharged and the case will be dismissed with no conviction entering on defendant’s record. However, if probation is failed, a conviction will enter on the defendant’s record.

What is “deferred sentencing” for “youthful offenders”?

A. The Michigan Legislature has enacted “deferred sentencing” provisions for “youthful offenders” who are at least 17 but less than 24 years of age at the time of the charged offense. It’s called the Holmes Youthful Offender Act (HYTA) and is available for youthful offenders charged with most crimes—in contrast to other “deferred sentencing” provisions that are crime-specific and apply regardless of a defendant’s age.

How does a person get “deferred sentencing” under the HYTA?

All of the following circumstances must exist, per MCL 762.11 et seq., for a defendant to be granted “deferred sentencing” under HYTA:

· The defendant must be age 17 or older and under 24 at the time of the offense.

· The defendant must plead guilty to any felony or misdemeanor, EXCEPT:

1. a life-offense felony

2. a major controlled substance offense

3. a traffic offense

4. Criminal Sexual Conduct (CSC)-1st Degree

5. CSC-2nd Degree

6. CSC-3rd Degree (unless the alleged victim is 13-15 years of age at the time offense)

7. CSC-4th Degree (unless the alleged victim is 13-15 years of age at the time of offense)

· The defendant must consent to the deferred proceedings. [NOTE: The prosecutor’s consent is not required, unless the defendant is aged 21, 22, or 23 at the time of offense.]

· The court may exercise its discretion to grant deferred proceedings under HYTA. [NOTE: The court is not required to grant such proceedings.]

· The court must, if it decides to grant deferred proceedings under HYTA, place the defendant on probation with various terms and conditions.

· Upon fulfillment of the terms and conditions of probation the court must discharge the defendant and dismiss the proceedings.

· However, upon any violation of a probationary term or condition, the court may enter an adjudication of guilt and proceed as if the defendant was convicted of the charged offense.

What is the legal effect of successfully completing “deferred sentencing” under HYTA?

The defendant will be discharged from probation; the case will be dismissed and turned into a non-public record (viewable only by courts and police agencies); and the discharge and dismissal will be without an adjudication of guilt and therefore not a conviction under HYTA (or for purposes of disqualifications or disabilities imposed by law upon a conviction of a crime).

How many times can a defendant be granted “deferred sentencing” under HYTA?

There is no statutory limitation on the number of times a person can be granted HYTA if the statutory requirements are met. However, if a youthful offender is granted “deferred sentencing” under HYTA once, and then commits another crime and seeks HYTA again, it is unlikely the court will grant HYTA again.

Can a defendant be granted “deferred sentencing” under HYTA if he pleads “no contest” (or nolo contendre)?

No. HYTA specifically requires that a defendant plead guilty. It is not available to offenders who plead no contest or who take their case to trial and are found guilty.

Can a defendant be incarcerated when granted “deferred sentencing” under HYTA?

Yes. However, unlike other “deferred sentencing” provisions, HYTA has its own maximum incarceration and probationary periods, based on the maximum penalties of the underlying crimes, as follows:

For crimes punishable by imprisonment over 1 year:

  • Custodial supervision in a Department of Corrections institutional facility for not more than 2 years.

  • Probation for not more than 3 years.

  • Jail for not more than 1 year.

For crimes punishable by imprisonment for 1 year or less:

  • Probation for not more than 2 years; no jail is authorized.