Legal Aid and Defender Association

Legal Aid and Defender Association

Tuesday, March 13, 2012

LANSING LEGISLATORS LOOK TO REVISE THE CRIMINAL DEFENDANT “YOUTHFUL TRAINING ACT”(HYTA)
On December 14th, 2011, Michigan State Senator Bert Johnson introduced Senate Bill 880, which will revise the criminal defendant “youthful trainee status” to increase the age limit from age 21 to age 26 on “youthful trainee status” forcriminal defendants, which provides a mechanism to exclude the offense on the youth’s permanent record. According to Bert Johnson the bill would also establish various conditions for this status, including a full time school, work or community service requirement and more. The new legislation as written contains Sections that will minimize or eliminate judicial discretion by the mandatory requirements relating to tether, costs, and community service. Opposition to the bill are concerned with community service being allowed to be performed for private 501(C)(3) entities.  Community service is also not appropriate forall offenses or offenders.  e.g. sexualor assault related convictions.
See legislation: http://www.michiganvotes.org/Legislation.aspx?ID=142264

Currently,in Michigan, individuals from the age of 17 until their 21st birthday who areconvicted of a crime may be eligible for Holmes Youthful Trainee Act(HYTA) to avoid a public record of conviction. The actual name of thelaw, Holmes Youthful Trainee Act, may conjure up some image of"trainees" in boot-camp, but in truth, there's nothing like that.Currently, a person who has been granted HYTA (also called YTA) by a Court must, at a minimum, be placed on Probation.A Judge cannot order more than 3 years of Probation, but the Judge can also include incarceration as part of its' Sentence. In other words, being granted HTYA status has no effect on whether the Judge sends someone to Jail, although, to be sure, in the vast majority of cases where HYTA is granted, there is no incarceration ordered.
Today, HYTA only applies to people charged with a crime which occurred after their 17th birthday, but before their21st birthday. That age range is inflexible; if someone is charged with a crime that occurred one day before their 17th birthday, or on the very day of their 21st birthday, they are ineligible.
 According to the state legislature, HYTA applies to all kinds of Crimes, not just Drug Possession charges,. There are certain exceptions: Crimes punishable by imprisonment for life (Capitol Offenses), Major Drug Crimes and all Traffic Offenses.
Originally,the reasoning behind this law is the recognition that young people, on occasion,do dumb things. An instance of bad judgment before one has the chance to mature and think like an adult should not necessarily handicap that person for life with a Criminal Record, which can have all kinds of negative consequences forfuture advancement. HYTA is equally applicable to Felonies and Misdemeanors, with the exceptions mentioned above. HYTA status allows a person to prove to the Court that they can stay out of trouble longenough to warrant dismissing the whole case without ever placing it upon their Public Record.

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