15.30Other Probation Violations

If the juvenile violates probation in some way other than by being convicted of a felony or a misdemeanor punishable by more than one year’s imprisonment or by being adjudicated as responsible for an offense that if committed by an adult would be a felony or a misdemeanor punishable by imprisonment for more than one year, the court may impose sentence or may order any of the following for the juvenile:

•a change in placement;

•community service;

•substance abuse counseling;

•mental health counseling;

•participation in a vocational-technical education program;

•incarceration in a county jail for not more than 30 days if:

•the present county jail facility would meet all requirements under federal law and regulations for housing juveniles, and

•the court has consulted with the sheriff to determine when the sentence will begin to ensure that space will be available for the juvenile. A juvenile must be placed in a room or ward out of sight and sound from adult prisoners; and

•other participation or performance as the court considers necessary. MCL 712A.18i(10); MCR 3.956(B)(2).

“Under [MCL 712A.18i(10)], when a trial court finds that a juvenile on probation under a delay of sentence has committed a lesser violation,^[1] the trial court ‘may’ impose sentence.” In re Brown, ___ Mich App ___, ___ (2025). “When a juvenile with a delayed sentence violates probation, . . . the trial court must (with serious probation offenses) or may (with less serious ones) move directly to the imposition of a sentence, without any consideration of [the] rehabilitation-and-risk factors” set out in MCL 712A.18i(3).² Brown, ___ Mich App at ___. In Brown, “the trial court originally imposed a delayed sentence for respondent, a juvenile who pleaded no contest to assault with intent to murder, and assault with intent to rob while armed.” Id. at ___ (citations omitted). “The trial court held a joint probation-violation and review hearing, and . . . addressed the probation violations first.” Id. at ___. “Respondent admitted to [two] violations.” Id. at ___. The trial court noted that “the delayed sentence had given respondent ‘an incredible opportunity’ but respondent ‘failed.’ Id. at ___. Accordingly, “[t]he trial court sentenced respondent to 17 to 45 years in prison.” Id. at ___. “On appeal, respondent argue[d] that the trial court erred by sentencing him to prison without first considering the rehabilitation-and-risk factors set forth in MCL 712A.18i(3). Brown, ___ Mich App at ___. Here, “[t]here [was] no question that respondent did not commit one of the more serious violations set forth in [MCL 712A.18i(9)], so the question [was] whether the trial court properly applied [MCL 712A.18i(10)].” Brown, ___ Mich App at ___. “Under MCL 712A.18i, when a trial court imposes a delayed sentence, the trial court shall conduct a review hearing to determine whether the juvenile has been rehabilitated and whether the juvenile presents a serious risk to public safety.” Brown, ___ Mich App at ___ (quotation marks and citation omitted). Additionally, under MCL 712A.18i(3), “the trial court may continue jurisdiction over the juvenile or impose sentence if it determines that the juvenile has not been rehabilitated or that the juvenile presents a serious risk to public safety.” Brown, ___ Mich App at ___ (quotation marks omitted). To decide whether a juvenile has been rehabilitated or whether a juvenile presents s serious risk to public safety requires a court to consider the factors outlined in MCL 712A.18i(3). Brown, ___ Mich App at ___. The Brown Court concluded that “[a]lthough there is nothing precluding a trial court from considering those factors when deciding whether to revoke probation and impose a sentence of imprisonment under [MCL 712A.18i(10)], there is likewise nothing requiring that the trial court do so.” Brown, ___ Mich App at ___. “Thus, the plain language of MCL 712A.18i(10) permitted the trial court to revoke probation and impose sentence once it found that respondent committed a probation violation.” Brown, ___ Mich App at ___. “Once a probation violation is established under [MCL 712A.18i(9)] or [MCL 712A.18i(10)], the trial court need not consider the rehabilitation factors outlined in [MCL 712A.18i(3)] (or the additional factors under [MCL 712A.18i(7)]).” Id. at ___.