Postconviction proceedings for juveniles tried and convicted according to the automatic waiver provisions are governed by MCL 769.1, MCL 769.1b, and MCR 6.931–MCR 6.938. Following trial and conviction, the circuit court must either sentence the juvenile in the same manner as an adult or place the juvenile on probation and commit him or her to state wardship.1 MCL 769.1(1); MCL 769.1(3); MCR 6.931(A). Adult sentencing is mandatory if the juvenile is convicted of any of the 12 very serious specified juvenile violations set out in MCL 769.1(1)(a)-(l). MCL 769.1(1); MCR 6.931(A). If adult sentencing is not required under MCL 769.1(1), a juvenile sentencing hearing, if not waived under MCL 769.1(4), must be conducted in order to determine whether the best interests of the public would be served by imposing an adult sentence or by placing the juvenile on probation and committing him or her to state wardship. MCL 769.1(3); MCR 6.931(A); MCR 6.931(E)(2).
MCR 6.931(C) provides:
“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.”
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.
1 Effective January 12, 1999, pursuant to 1998 PA 518, the Legislature enacted the County Juvenile Agency Act, MCL 45.621 et seq. Under this act and other applicable statutes, a juvenile who is convicted in an automatic waiver proceeding may be committed to a “county juvenile agency” rather than to state wardship. See MCL 769.1(3); MCL 803.301 et seq. Accordingly, effective January 12, 1999, 1998 PA 517 amended applicable provisions of the Youth Rehabilitation Services Act, MCL 803.301 et seq., to refer to “public” wardship rather than to “state” wardship. See, e.g., MCL 803.302(c). However, the County Juvenile Agency Act applies only to Wayne County; therefore, only Wayne County may operate as a county juvenile agency. See MCL 45.626; see also House Legislative Analysis, SB 1185, December 9, 1998. Because Wayne County is not currently operating as a county juvenile agency, as a practical matter, juveniles who are committed in automatic waiver proceedings are committed to state wardship. See MCR 6.901 et seq. (referring generally to commitments under MCL 769.1 as commitments “to state wardship”); see also Section 16.17(B) and Section (C).