Under the Holmes Youthful Trainee Act, MCL 762.11 et seq., a person between the ages of 17 and 21 who pleads guilty to certain crimes may have the offense dismissed after satisfying terms set by the court. After completion of trainee status, the person will not have a conviction and assignment to this status will not be public. Effective August 18, 2015, the legislature significantly expanded the act. Although one obvious motivation for this legislation was to save money in the state’s corrections budget, the amendments also expand the opportunity for young offenders to turn their lives around and avoid future problems with a criminal record.
2015 PA 31 provides that:
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A court can grant youthful trainee status to a person who committed a crime before age 24, rather than before age 21.
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A youthful trainee who committed the underlying crime between the ages of 21 and 24 may be subject to electronic monitoring during the term of probation.
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A court may require a person assigned to youthful trainee status to maintain employment or to attend a school.
The amendments also reduce the period of supervision by the Department of Corrections (DOC) for certain offenders from three to no more than two years. The amendments also prohibit commitment to the DOC if the person committed certain offenses, such as those involving controlled substances. Other amendments require the court to revoke youthful trainee status if the person commits a listed serious offense while assigned to this status.
The Senate Fiscal Agency analysis for the amendments reports that nearly 6,000 prisoners in 2013 were between the ages of 21 and 24. The potential for increased diversions from prison is significant, as is the potential for increased second chances.