15.19Hearing Procedures1
MCR 3.955(B) states:
“After the court has considered the results of the risk and needs assessment pursuant to MCR 3.907, the court shall enter an order of disposition unless the court determines that the best interests of the public would be served by sentencing the juvenile as an adult. The prosecuting attorney has the burden of proving by a preponderance of the evidence that, on the basis of the criteria in [MCR 3.955(A)], it would be in the best interests of the public to sentence the juvenile as an adult.”
B.Dispositional or Sentencing Hearing
“If the court does not determine that the juvenile should be sentenced as an adult, the court shall hold a dispositional hearing and comply with the procedures set forth in MCR 3.943.”2 MCR 3.955(E).
The court must advise a juvenile of their appellate rights set forth in MCR 3.937 at the conclusion of a dispositional hearing under MCR 3.943 or any delinquency hearing at which the court orders that the juvenile be removed from a parent’s care and custody. MCR 3.937(A).3
“If the court determines that the juvenile should be sentenced as an adult, either initially or following a delayed imposition of sentence, the sentencing hearing shall be held in accordance with the procedures set forth in MCR 6.425, including the procedures of MCR 6.425(G) for appointing appellate counsel.”4 MCR 3.955(C).
If the court decides to enter an order of juvenile disposition, “[t]he interval between the plea of admission or trial and disposition, if any, is within the court’s discretion.” MCR 3.943(B). However, if the juvenile is detained, the dispositional hearing must be held within 35 days of the plea or trial, except for good cause. Id.
If the court imposes an adult sentence, “[t]he court must sentence the defendant within a reasonably prompt time after the plea or verdict unless the court delays sentencing as provided by law.” MCR 6.425(D)(1).
The Sixth Amendment’s Speedy Trial Clause “does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges[,]” and therefore does not “apply to the sentencing phase of a criminal prosecution[.]” Betterman v Montana, 578 US 437, 439-441 (2016) (“[h]olding that the Clause does not apply to delayed sentencing[]”). However, “although the Speedy Trial Clause does not govern[ inordinate delay in sentencing], a defendant may have other recourse, including, in appropriate circumstances, tailored relief under the Due Process Clauses of the Fifth and Fourteenth Amendments.” Id. at 439.
A juvenile who is convicted in a designated case has a right to allocute prior to sentencing. MCR 3.955(A) provides, in relevant part:
“The court . . . shall give the juvenile, the juvenile’s lawyer, the prosecutor, and the victim an opportunity to advise the court of any circumstances they believe the court should consider in deciding whether to enter an order of disposition or to impose or delay imposition of sentence.”
See also People v Petty, 469 Mich 108, 121-123 (2003) (holding that a juvenile defendant must be afforded the opportunity to allocute before a court determines whether to impose a juvenile disposition, a blended sentence, or an adult sentence, and amending MCR 3.955(A) to add the quoted allocution requirement).
A judge must preside at sentencing in a designated case. MCR 3.912(A)(3).5 Furthermore, “[t]he juvenile has the right to demand that the same judge who accepted the plea or presided at the trial of a designated case preside at sentencing or delayed imposition of sentence, but not at a juvenile disposition of the designated case.” MCR 3.912(C)(2).
F.Entering Judgment of Sentence and Credit for Time Served
“If the court imposes sentence, it shall enter a judgment of sentence. If the court imposes a sentence of imprisonment, the juvenile shall receive credit against the sentence for time served before sentencing.” MCL 712A.18(1)(o).6
Offenders under the age of 18 who are convicted of certain offenses carrying a mandatory penalty of life imprisonment without the possibility of parole may be subject to the sentencing requirements set out in MCL 769.25 or MCL 769.25a.7 A defendant who is sentenced or resentenced under MCL 769.25 or MCL 769.25a must receive credit for time already served, “but shall not receive any good time credits, special good time credits, disciplinary credits, or any other credits that reduce the defendant’s minimum or maximum sentence.” MCL 769.25(10); MCL 769.25a(6). However, in People v Wiley, 324 Mich App 130, 149-150 (2018), the Court of Appeals held that “MCL 769.25a(6) violates the Ex Post Facto Clause of the United States and Michigan Constitutions, US Const art I, § 10; Const 1963, art 1, § 10, because it precludes [juveniles (or former juvenile offenders) who are being resentenced] from having disciplinary credits applied to their term-of-years sentences, and thus, MCL 769.25a(6) is a retroactive[8] provision that increases their potential sentences or punishments.” See also Hill v Snyder, 308 F3d 893, 906 (CA 6, 2018).9
1 “Instruments of restraint . . . may not be used on a juvenile during a court proceeding unless the court finds that the use of restraints is necessary due to one of the” factors set forth in MCR 3.906(A)(1)-(3). MCR 3.906(A). A determination that restraints are necessary must be made in compliance with MCR 3.906(B), and any use of restraints must comply with MCR 3.906(C). See Section 1.5 for more information on the use of restraints in juvenile proceedings.
2 MCR 3.943 governs dispositional hearings in delinquency cases. See Chapter 10.
3 See Section 10.11 for additional information on MCR 3.937.
4 MCR 6.425 governs sentencing in criminal cases. See Chapter 19.
5 See the Michigan Judicial Institute’s table summarizing which proceedings must be conducted by a judge and which proceedings may be conducted by an attorney referee or a nonattorney referee.
6 See SCAO Forms JC 71, Judgment of Sentence, Commitment to Jail (Designated Case), and JC 72, Judgment of Sentence, Commitment to Corrections Department (Designated Case), which may be accessed at http://courts.michigan.gov/scao/courtforms/juvenile/juvindex.htm. See Section 19.3 for a discussion of credit for time served before sentencing.
7 See Section 19.4(C)(3) for discussion of MCL 769.25 and MCL 769.25a.
8 Because the United States Supreme Court determined that Miller applies retroactively in Montgomery v Louisiana, 577 US 190, 208-209 (2016), MCL 769.25a applies retroactively as well. See People v Wiley, 324 Mich App 130, 137 (2018).
9 Though persuasive, Michigan state courts “are not . . . bound by the decisions of the lower federal courts[.]” People v Gillam, 479 Mich 253, 261 (2007).