8.11Restitution Ordered in Conjunction With Assignment to Youthful Trainee Status or Delayed Sentence/Deferred Judgment
“For an offense that is resolved by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under [MCL 780.766].”1 MCL 780.766(2). See also MCL 762.13(1)(b) and MCL 762.13(1)(d), which require the court to order restitution as a condition of probation under MCL 771.3(1)(e) for assignment to youthful trainee status; MCL 771.1(1)-(2) and MCL 771.3(1)(e), which require the court to order restitution as a condition of probation for imposition of a delayed sentence; MCL 771.3(9), which requires the court to order restitution as a condition of probation under MCL 771.3(1)(e) for imposition of a deferred sentence.
“For an offense that is resolved informally by means of a consent calendar diversion or by another informal method that does not result in a dispositional hearing, by assignment to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under [MCL 780.794].”2 MCL 780.794(2). See also MCL 712A.18(1)(o) and MCL 712A.30(11), which require the court to order restitution as a condition of probation for imposition of a delayed sentence.
“For an offense that is resolved by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under [MCL 780.826].”3 MCL 780.826(2). See also MCL 762.13(3), which requires the court to order restitution as a condition of probation under MCL 771.3(1)(e) for assignment to youthful trainee status; MCL 771.1(1)-(2) and MCL 771.3(1)(e), which require the court to order restitution as a condition of probation for imposition of a delayed sentence; MCL 771.3(10), which requires the court to order restitution as a condition of probation under MCL 771.3(1)(e) for imposition of a delayed or deferred sentence.
Deferred judgment, delayed sentencing, and discharge and dismissal of proceedings may be obtained under certain circumstances in drug treatment courts, veterans treatment courts, and mental health courts.4
An individual charged with a criminal offense or a juvenile “alleged to have engaged in activity that would constitute a criminal act if committed by an adult” may be eligible for admission to drug treatment court if he or she meets certain eligibility requirements as set out in MCL 600.1060 et seq. MCL 600.1068(1).
“To continue to participate in and successfully complete a drug treatment court program, an individual must . . . [p]ay all court ordered restitution.”5 MCL 600.1074(1)(c).
A veteran charged with a criminal offense may be eligible for admission to a veterans treatment court if he or she meets certain eligibility requirements as set out in MCL 600.1200 et seq. MCL 600.1205(1).
“In order to continue to participate in and successfully complete a veterans treatment court program, an individual shall . . . [p]ay all court-ordered restitution.”6 MCL 600.1208(1)(c).
An individual charged with a criminal offense may be eligible for admission to a mental health court if he or she meets certain eligibility requirements as set out in MCL 600.1090 et seq. MCL 600.1094(1).
“In order to continue to participate in and successfully complete a mental health court program, an individual shall comply with all court orders, violations of which may be sanctioned at the court’s discretion.” MCL 600.1097(1). “The court shall require that a participant pay all . . . restitution[.]” MCL 600.1097(3).7
4.Juvenile Mental Health Court
A juvenile “alleged to have engaged in activity that would constitute a criminal act if committed by an adult” may be eligible for admission to a juvenile mental health court if he or she meets certain eligibility requirements as set out in MCL 600.1099b et seq. MCL 600.1099f(1).
“In order to continue to participate in and successfully complete a juvenile mental health court program, a juvenile shall comply with all court orders, violations of which may be sanctioned at the court’s discretion.” MCL 600.1099j(1). “The court shall require that a juvenile pay all . . . restitution[.]” MCL 600.1099j(3).8
1 For additional information on delayed or deferred proceedings, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.
2 For additional information on delayed imposition of sentence, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 15.
3 For additional information on delayed or deferred proceedings, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.
4 For a thorough discussion of problem-solving courts, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol 2, Chapter 9. For a discussion of relevant problem-solving courts as they relate to juveniles, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 1. Additional information, including standards and best practice manuals, may be found in problem-solving court programs on the Court’s website.
5 See MCL 600.1074(1) for a complete list of requirements that must be met.
6 See MCL 600.1208(1) for a complete list of requirements that must be met.
7 See MCL 600.1097(3) for a complete list of requirements that must be met.
8 See MCL 600.1099j(3) for a complete list of requirements that must be met.