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Defendant was a PA 150 Ward under Juvenile Court Jurisdiction for both Felony and Misdemeanor adjudications. Is there any guidance in this area?

PRV 6, MCL 777.56, concerns relationship to criminal justice system. Relevant to the facts provided, MCL 777.56(1)(c) provides for a score of 10 points where “[t]he offender is on . . . delayed sentence status . . . for a felony“; MCL 777.56(1)(d) provides for a score of 5 points where “[t]he offender is on . . . delayed sentence status . . . for a misdemeanor.” As used in MCL 777.56, delayed sentence status​ “includes, but is not limited to, an individual assigned or deferred under” various statutory deferral provisions and/or assignment to youthful trainee status. MCL 777.56(3)(a)(i)-(vi). MCL 803.301 et seq., the Youth Rehabilitation Services Act/1974 PA 150, provides that “[i]f the family division of circuit court imposes a delayed sentence on the youth under [MCL 712A.18(1)(o)], the youth shall be discharged from public wardship and committed under the court’s order.” MCL 803.307(3). (Effective 10/1/03, 2003 PA 71 re-designated MCL 712A.18(1)(n) as MCL 712A.18(1)(m); following that, effective 4/4/21, 2020 PA 389 re-designated MCL 712A.18(1)(m) as MCL 712A.18(1)(o). However, some statutory provisions were not amended accordingly and still refer to a former subsection.) Accordingly, it appears that in your case, if the defendant was on delayed sentence status under MCL 803.307(3), an assessment of 10 points would be warranted under PRV 6 for the felony, and an assessment of 5 points would be warranted under PRV 6 for the misdemeanor. While I was not able to find any caselaw on point to support this, it seems that the statutory language is clear and unambiguous that delayed sentence status “is not limited to” the provisions set out in MCL 777.56(3)(a), and MCL 803.307(3) contains a provision for delayed sentence status, thereby establishing a relationship to the criminal justice system.

Tags: PRV 06

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