2.12Revoking Probation of Juvenile for Conviction of Felony or Misdemeanor

MCR 6.933 governs juvenile probation revocation. See the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 16, for a detailed discussion of juvenile probation revocation.

“If the court finds that a juvenile placed on probation and committed under [MCL 769.1(3) or MCL 769.1(4) (governing automatic waiver cases)] to an institution or agency described in the youth rehabilitation services act, [MCL 803.301 et seq.], violated probation by being convicted of a felony or a misdemeanor punishable by imprisonment for more than 1 year, the court shall revoke probation and order the juvenile committed to the department of corrections for a term of years that does not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted and placed on probation.” MCL 771.7(1). See also MCR 6.933(G)(1)(a). “The court shall grant credit against the sentence for the period of time the juvenile served on probation.” MCL 771.7(1).

“If the court finds that a juvenile placed on probation and committed under [MCL 769.1(3) or MCL 769.1(4)] to an institution or agency described in the youth rehabilitation services act, [MCL 803.301 et seq.], violated probation other than as provided in [MCL 771.7(1)], the court may order the juvenile committed to the department of corrections or may order any of the following for the juvenile:

(a) A change of placement.

(b) Community service.

(c) Substance abuse counseling.

(d) Mental health counseling.

(e) Participation in a vocational-technical education program.

(f) Incarceration in a county jail for not more than 30 days. If a juvenile is under 17 years of age, the juvenile shall be placed in a room or ward out of sight and sound from adult prisoners. [Note that MCR 6.933(G)(2) requires juveniles under 18 years of age to be placed separately from adult prisoners under these circumstances.]

(g) Other participation or performance as the court considers necessary.” MCL 771.7(2). See also MCR 6.933(G)(2) (listing the same options as the statute, but additionally including restitution).