Rule 6.931 Juvenile Sentencing Hearing

(A) General. If the juvenile has been convicted of an offense listed in MCL 769.1(1)(a)-(l), the court must sentence the juvenile in the same manner as an adult. Unless a juvenile is required to be sentenced in the same manner as an adult, a judge of a court having jurisdiction over a juvenile shall conduct a juvenile sentencing hearing unless the hearing is waived as provided in subrule (B). At the conclusion of the juvenile sentencing hearing, the court shall determine whether to impose a sentence against the juvenile as though an adult offender or whether to place the juvenile on juvenile probation and commit the juvenile to state wardship pursuant to MCL 769.1b.

(B) No Juvenile Sentencing Hearing; Consent. The court need not conduct a juvenile sentencing hearing if the prosecuting attorney, the juvenile, and the attorney for the juvenile, consent that it is not in the best interest of the public to sentence the juvenile as though an adult offender. If the juvenile sentence hearing is waived, the court shall not impose a sentence as provided by law for an adult offender. The court must place the juvenile on juvenile probation and commit the juvenile to state wardship.

(C) Notice of Juvenile Sentencing Hearing Following Verdict. If a juvenile sentencing hearing is required, the prosecuting attorney, the juvenile, and the attorney for the juvenile must be advised on the record immediately following conviction of the juvenile by a guilty plea or verdict of guilty that a hearing will be conducted at sentencing, unless waived, to determine whether to sentence the juvenile as an adult or to place the juvenile on juvenile probation and commit the juvenile to state wardship as though a delinquent. The court may announce the scheduled date of the hearing. On request, the court shall notify the victim of the juvenile sentencing hearing.

(D) Review of Reports. The court must give the prosecuting attorney, the juvenile, and the attorney for the juvenile, an opportunity to review the presentence report and the social report before the juvenile sentencing hearing. The court may exempt information from the reports as provided in MCL 771.14 and 771.14a.

(E) Juvenile Sentencing Hearing Procedure.

(1) Evidence. At the juvenile sentencing hearing all relevant and material evidence may be received by the court and relied upon to the extent of its probative value, even though such evidence may not be admissible at trial. The rules of evidence do not apply. The court shall receive and consider the presentence report prepared by the probation officer and the social report prepared by the Family Independence Agency.

(2) Standard of Proof. The court must sentence the juvenile in the same manner as an adult unless the court determines by a preponderance of the evidence, except as provided in subrule (3)(c), that the best interests of the public would be served by placing the juvenile on probation and committing the juvenile to state wardship.

(3) Alternative Sentences For Juveniles Convicted of Certain Controlled Substance Offenses. If a juvenile is convicted of a violation or conspiracy to commit a violation of MCL 333.7403(2)(a)(i), the court shall determine whether the best interests of the public would be served by:

(a) imposing the sentence provided by law for an adult offender;

(b) placing the individual on probation and committing the individual to a state institution or agency as provided in MCL 769.1(3); or

(c) imposing a sentence of imprisonment for any term of years, but not less than 25 years, if the court determines by clear and convincing evidence that such a sentence would serve the best interests of the public.

In making its determination, the court shall use the criteria set forth in subrule (4).

(4) Criteria. The court shall consider the following criteria in determining whether to sentence the juvenile as though an adult offender or whether to place the juvenile on juvenile probation and commit the juvenile to state wardship, giving more weight to the seriousness of the alleged offense and the juvenile's prior record of delinquency:

(a) the seriousness of the alleged offense in terms of community protection, including, but not limited to, the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the impact on any victim;

(b) the culpability of the juvenile in committing the alleged offense, including, but not limited to, the level of the juvenile's participation in planning and carrying out the offense and the existence of any aggravating or mitigating factors recognized by the sentencing guidelines;

(c) the juvenile's prior record of delinquency, including, but not limited to, any record of detention, any police record, any school record, or any other evidence indicating prior delinquent behavior;

(d) the juvenile's programming history, including, but not limited to, the juvenile's past willingness to participate meaningfully in available programming;

(e) the adequacy of the punishment or programming available in the juvenile justice system; and

(f) the dispositional options available for the juvenile.

(5) Findings. The court must make findings of fact and conclusions of law forming the basis for the juvenile probation and commitment decision or the decision to sentence the juvenile as though an adult offender. The findings and conclusions may be incorporated in a written opinion or stated on the record.

(F) Postjudgment Procedure; Juvenile Probation and Commitment to State Wardship. If the court retains jurisdiction over the juvenile, places the juvenile on juvenile probation, and commits the juvenile to state wardship, the court shall comply with subrules (1)-(11):

(1) The court shall enter a judgment that includes a provision for reimbursement by the juvenile or those responsible for the juvenile's support, or both, for the cost of care and services pursuant to MCL 769.1(7). An order assessing such cost against a person responsible for the support of the juvenile shall not be binding on the person, unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.

(2) The court shall advise the juvenile at sentencing that if the juvenile, while on juvenile probation, is convicted of a felony or a misdemeanor punishable by more than one year's imprisonment, the court must revoke juvenile probation and sentence the juvenile to a term of years in prison not to exceed the penalty that might have been imposed for the offense for which the juvenile was originally convicted.

(3) The court shall assure that the juvenile receives a copy of the social report.

(4) The court shall send a copy of the order and a copy of the written opinion or transcript of the findings and conclusions of law to the Family Independence Agency.

(5) The court shall not place the juvenile on deferred sentencing, as provided in MCL 771.1(2).

(6) The court shall not place the juvenile on life probation for conviction of a controlled substance violation, as set forth in MCL 771.1(4).

(7) The five-year limit on the term of probation for an adult felony offender shall not apply.

(8) The court shall not require as a condition of juvenile probation that the juvenile report to a department of corrections probation officer.

(9) The court shall not, as a condition of juvenile probation, impose jail time against the juvenile except as provided in MCR 6.933(B)(2).

(10) The court shall not commit the juvenile to the Department of Corrections for failing to comply with a restitution order.

(11) The court shall not place the juvenile in a Department of Corrections camp for one year, as otherwise provided in MCL 771.3a(1).