“The [Holmes Youthful Trainee Act (HYTA), MCL 762.11 et seq.,1] provides a mechanism for individuals who commit certain crimes . . . to be excused from having a criminal record.” People v Rahilly, 247 Mich App 108, 113 (2001). Assignment of an individual to youthful trainee status under MCL 762.11 is discretionary. People v Gow, 203 Mich App 94, 96 (1994). MCL 762.11 is remedial “and should be construed liberally for the advancement of the remedy.”People v Bobek, 217 Mich App 524, 529 (1996).
A.Assignment to Youthful Trainee Status
Until October 1, 2021. An individual who pleads guilty to a criminal offense that he or she committed on or after the individual’s seventeenth birthday but before his or her twenty-fourth birthday, may consent to be assigned the status of youthful trainee by the court having jurisdiction of the offense, without entering a judgment of conviction. MCL 762.11(1). If the individual committed the offense on or after his or her twenty-first birthday but before the individual’s twenty-fourth birthday, assignment to youthful trainee status cannot occur without the prosecuting attorney’s consent. Id.
Beginning on October 1, 2021. With the exception of the offenses and circumstances found in MCL 762.11(3) and MCL 762.11(4), an individual who pleads guilty to an offense committed on or after his or her eighteenth birthday but before the individual’s twenty-sixth birthday may consent to be assigned the status of youthful trainee by the court having jurisdiction over the offense, without entering a judgment of conviction. MCL 762.11(2). If the individual committed the offense on or after his or her twenty-first birthday but before his or her twenty-sixth birthday, assignment to youthful trainee status cannot occur without the prosecuting attorney’s consent. Id.
B.Offenses to Which HYTA Does Not Apply
An individual convicted of any of the following offenses is not eligible for assignment to youthful trainee status:
•a felony for which the maximum penalty is life imprisonment, MCL 762.11(3)(a),
•a major controlled substance offense, MCL 762.11(3)(b),
•a traffic offense, MCL 762.11(3)(c),
•a violation, an attempted violation, or a conspiracy to violate the criminal sexual conduct statutes (CSC-I, CSC-II, CSC-III, or CSC-IV), except for commission of the offenses set forth in:
•MCL 750.520d(1)(a) (victim at least age 13 and less than age 16), and
•MCL 750.520e(1)(a) (victim at least age 13 and less than age 16 and defendant is five or more years older than victim). MCL 762.11(3)(d).
•assault, attempted assault, or conspiracy to commit assault with the intent to commit CSC-I, CSC-II, certain CSC-III offenses, or certain CSC-IV offenses under MCL 750.520g. The CSC-III and CSC-IV offenses excluded from this provision are:
•MCL 750.520d(1)(a) (victim at least age 13 and less than age 16), and
•MCL 750.520e(1)(a) (victim at least age 13 and less than age 16 and defendant is five or more years older than victim). MCL 762.11(3)(e).
In addition, according to MCL 762.11(4)(c), a court must not assign an individual to youthful trainee status if any of the following apply:
•“[t]he individual was previously convicted of or adjudicated for a listed offense for which registration is required under the sex offenders registration act [SORA, MCL 28.721 to MCL 28.736].” MCL 762.11(4)(a).
•“[i]f the individual is charged with a listed offense for which registration is required under the [SORA], the individual fails to carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.” MCL 762.11(4)(b).
•the court determines that the offense involved a factor set out in:
•MCL 750.520b(1)(a) to MCL 750.520b(1)(h), CSC-I.
•MCL 750.520c(1)(a) to MCL 750.520c(1)(l), CSC-II.
•MCL 750.520d(1)(b) to MCL 750.520d(1)(f), CSC-III.
•MCL 750.520e(1)(b) to MCL 750.520e(1)(g), CSC-IV.
C.Employment and Education Under HYTA
An individual assigned youthful trainee status may be required to seek or maintain employment or education during the time the individual is a youthful trainee. MCL 762.11(5).
D.Electronic Monitoring Under HYTA
An individual assigned to the status of youthful trainee on or after his or her twenty-first birthday may be subject to electronic monitoring during the individual’s probationary term. MCL 762.11(6).
1 For a detailed discussion of HYTA and youthful trainee status, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 9.