Bill Text: MI HB4069 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Criminal procedure; youthful trainees; eligibility criteria for youthful trainee program; modify. Amends sec. 11, ch. II of 1927 PA 175 (MCL 762.11).
Spectrum: Moderate Partisan Bill (Democrat 22-4)
Status: (Passed) 2015-05-20 - Assigned Pa 31'15 With Immediate Effect [HB4069 Detail]
Download: Michigan-2015-HB4069-Introduced.html
HOUSE BILL No. 4069
January 27, 2015, Introduced by Reps. Santana and Garrett and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 11 of chapter II (MCL 762.11), as amended by
2004 PA 239.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER II
Sec. 11. (1) Except as provided in subsections (2) and (3), if
an individual pleads guilty to a criminal offense, committed on or
after the individual's seventeenth birthday but before his or her
twenty-first
twenty-fourth birthday, the court of record having
jurisdiction of the criminal offense may, without entering a
judgment of conviction and with the consent of that individual,
consider and assign that individual to the status of youthful
trainee. If the offense was committed on or after the individual's
twenty-first birthday but before his or her twenty-fourth birthday,
the individual shall not be assigned to youthful trainee status
without the consent of the prosecuting attorney. As used in this
subsection, "criminal offense" means 1 or more adjudications
arising out of a series of acts that were in a continuous time
sequence of 12 hours or less and that displayed a single intent and
goal.
(2) Subsection (1) does not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment for
life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to violate
section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931
PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than
section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931
PA 328, MCL 750.520d and 750.520e.
(e) A violation, attempted violation, or conspiracy to violate
section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,
with the intent to commit a violation of section 520b, 520c, 520d,
or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or
520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d
and 750.520e.
(3) The court shall not assign an individual to the status of
youthful trainee if any of the following apply:
(a) The individual was previously assigned to the status of
youthful trainee.
(b) (a)
The individual was previously
convicted of or
adjudicated for a listed offense for which registration is required
under the sex offenders registration act, 1994 PA 295, MCL 28.721
to
28.732.28.736.
(c) (b)
If the individual is charged with a
listed offense for
which registration is required under the sex offenders registration
act,
1994 PA 295, MCL 28.721 to 28.732, 28.736, the individual
fails to carry the burden of proving by clear and convincing
evidence that he or she is not likely to engage in further listed
offenses.
(d) (c)
The court determines that the
offense involved any of
the following:
(i) A factor set forth in section 520b(1)(a) to (h) of the
Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the
Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (e) of the
Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (f) of the
Michigan penal code, 1931 PA 328, MCL 750.520e.
(4) If the court assigns an individual to the status of
youthful trainee under this section, the court may require the
individual to maintain employment or to attend a high school, high
school equivalency program, community college, college, university,
or trade school. If the individual is not employed or attending a
high school, community college, college, university, or trade
school, the individual may be required to actively seek employment
or entry into a high school, high school equivalency program,
community college, college, university, or trade school.
(5) If the offense for which the individual is assigned to the
status of youthful trainee status was committed on or after the
individual's twenty-first birthday, the individual may, in addition
to the other requirements of this subsection, be subject to
electronic monitoring during his or her probationary term as
provided under section 3 of chapter XI.
(6) If the court orders a condition of probation described in
subsection (4), the individual's compliance with that condition of
probation shall be verified on a monthly basis by a probation
officer. The verification of employment status or school attendance
under this subdivision shall include a review of employment and
school records.
(7) (4)
As used in this section:
(a) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Traffic offense" means a violation of the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of
a local ordinance substantially corresponding to that act, that
involves the operation of a vehicle and, at the time of the
violation, is a felony or a misdemeanor.
