Bill Text: MI SB0880 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; youthful trainees; eligibility criteria for youthful trainee program; modify. Amends sec. 11, ch. II of 1927 PA 175 (MCL 762.11).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-14 - Referred To Committee On Judiciary [SB0880 Detail]
Download: Michigan-2011-SB0880-Introduced.html
SENATE BILL No. 880
December 14, 2011, Introduced by Senator JOHNSON and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 11 of chapter II (MCL 762.11), as amended by
2004 PA 239.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER II
Sec. 11. (1) Except as provided in subsections (2) and (3), if
an individual pleads guilty to a criminal offense, committed on or
after the individual's seventeenth birthday but before his or her
twenty-first
twenty-sixth birthday, the court of record having
jurisdiction of the criminal offense may, without entering a
judgment of conviction and with the consent of that individual,
consider and assign that individual to the status of youthful
trainee.
(2) Subsection (1) does not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment for
life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to violate
section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931
PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than
section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931
PA 328, MCL 750.520d and 750.520e.
(e) A violation, attempted violation, or conspiracy to violate
section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,
with the intent to commit a violation of section 520b, 520c, 520d,
or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or
520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d
and 750.520e.
(3) The court shall not assign an individual to the status of
youthful trainee if any of the following apply:
(a) The individual was previously convicted of or adjudicated
for a listed offense for which registration is required under the
sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.732.28.736.
(b) If the individual is charged with a listed offense for
which registration is required under the sex offenders registration
act,
1994 PA 295, MCL 28.721 to 28.732, 28.736, 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.
(c) The court determines that the offense involved any of the
following:
(i) A factor set forth in section 520b(1)(a) to (h) of the
Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the
Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (e)
(f) of the
Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (f)
(g) of the
Michigan penal code, 1931 PA 328, MCL 750.520e.
(4) If the court assigns an individual to the status of
youthful trainee, all of the following shall apply to the
individual during his or her probationary period:
(a) Except as provided in subdivision (b), the individual
shall be required to maintain employment of at least 40 hours per
week or to attend a high school, high school equivalency program,
community college, college, university, or trade school with
sufficient credit hours to qualify as a full-time student. In
addition, the individual shall be required to perform 8 hours of
community service each week.
(b) If the individual is not employed or attending a high
school, community college, college, university, or trade school as
provided in subdivision (a), the individual shall be required to
perform not less than 40 hours of community service per week and to
actively seek employment or entry into a high school, high school
equivalency program, community college, college, university, or
trade school with sufficient credit hours to qualify as a full-time
student.
(c) If the offense for which the individual is assigned to the
status of youthful trainee status was committed on or after the
individual's twenty-first birthday, the individual shall, in
addition to the other requirements of this subsection, be subject
to electronic monitoring during his or her entire probationary
term. The individual shall be required to pay the costs of
electronic monitoring under this subdivision. However, if the
individual's household income is less than 200% of the federal
poverty income standards as defined and determined annually by the
United States office of management and budget, the court shall
order the individual to pay a portion of the costs of electronic
monitoring, which shall not exceed 1 hour of the state minimum wage
for each 24-hour period of monitoring.
(5) The individual's compliance with the requirements of
subsection (4) shall be verified on a monthly basis by a probation
officer. The verification of employment status or school attendance
under this subdivision shall include a review of employment and
school records.
(6) Community service under this section shall meet 1 or more
of the following requirements:
(a) Be meaningful work at paid employment in the community.
(b) Provide labor on public works projects.
(c) Provide meaningful work on projects that serve the public
interest or a charitable purpose and are operated by organizations
that are exempt from taxation under section 501(c)(3) of the
internal revenue code.
(7) An individual performing community service described in
subsection (6)(c) shall not be assigned to work on projects in a
manner that results in the displacement of employed persons in the
community or the replacement of workers on strike or locked out of
work. If a collective bargaining agreement is in effect at a place
of employment that is the site of a proposed work project under
subsection (6)(c), that bargaining unit must agree to the
assignment of individuals under this section at the place of
employment before the assignment is made.
(8) (4)
As used in this section:
(a) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Traffic offense" means a violation of the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of
a local ordinance substantially corresponding to that act, that
involves the operation of a vehicle and, at the time of the
violation, is a felony or a misdemeanor.
