Wednesday, July 20, 2011

Juvenile sentencing hearing.

A juvenile sentencing hearing is required under MCR 6.931 except when an adult sentence is mandatory because the juvenile has been convicted of an offense listed in MCL 769.1(1)(a)-(l).

MCL 769.1(3) provides that unless a juvenile is required to be sentenced in the same manner as an adult the court shall conduct a hearing at the juvenile’s sentencing to determine if the best interests of the public would be served by placing the juvenile on probation and committing the juvenile to an institution or agency described in the youth rehabilitation services act, . . . or by imposing any other sentence provided by law for an adult offender. Except as provided in subsection (5), the court shall sentence the juvenile in the same manner as an adult unless the court determines by a preponderance of the evidence that the interests of the public would be best served by placing the juvenile on probation and committing the juvenile to an institution or agency described in the youth rehabilitation services act . . . .

Under MCR 6.931(C) if a juvenile sentencing hearing is required, the judge must advise the prosecuting attorney, the juvenile, and the attorney for the juvenile 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 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. . . .

There is nothing in the statute or court rule that makes an exception for a juvenile who has pleaded guilty as part of a sentencing agreement.

No comments:

Post a Comment