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Can you score PRV 6 when the defendant was under juvenile supervision at the time the sentencing offense was committed?

PRV 6, MCL 777.56, concerns relationship to criminal justice system.  MCL 777.56(1)(c) provides for a score of 10 points where “[t]he offender is on . . . probation, or delayed sentence status . . . for a felony”; MCL 777.56(1)(d) provides for a score of 5 points where “[t]he offender is on probation or 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).​ You indicated that the defendant was “still technically under juvenile supervision with FIA” –  it is unclear whether you meant on probation or delayed sentence status, but both of those statuses have qualified for a PRV score under MCL 777.56 since the statute was enacted on 12/15/98 by 1998 PA 317 and amended on 1/1/05 by 2004 PA 220.  Essentially, PRV 6 has been in effect since MCL 777.56 was enacted, i.e., before the offense at issue was committed. Case law also supports a score of ten points for PRV 6 where the defendant committed the sentencing offense while on probation for a juvenile offense. People v Anderson (Michael), 298 Mich App 178, 180-183 (2012) (“[j]uveniles on probation are involved with the corrections aspect of the criminal justice system”; therefore, the “defendant’s prior juvenile adjudications supported the trial court’s scoring of [PRV 6]”).  In sum, if the sentencing offense was committed in January 2000, and the defendant was either on probation or youthful trainee status at that time (until February 2000), the defendant had a relationship to the criminal justice system for which points may be assessed under PRV 6 (10 points for a felony; 5 points for a misdemeanor). However, the issue is ultimately for the judge to decide.

Tags: PRV 06

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