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Can PRV 6 be scored when an offender was under family/juvenile court supervision, i.e., does the use of the term “adjudication” address offenders under family/juvenile court supervision?

PRV 6, MCL 777.56, concerns relationship to criminal justice system. MCL 777.56(1)(b) provides for a score of 15 points where "[t]he offender is incarcerated in jail awaiting adjudication . . . on a conviction or probation violation"; MCL 777.56(1)(c) provides for a score of 10 points where "[t]he offender is . . . on bond awaiting adjudication . . . for a felony"; and MCL 777.56(1)(d) provides for a score of 5 points where "[t]he offender is . . . on bond awaiting adjudication . . . for a misdemeanor." While the sentencing guidelines do not specifically state that adjudication ​refers to/addresses offenders under family court/juvenile court supervision, case law supports the assessment of points under PRV 6 in such a situation. In People v Anderson, 298 Mich App 178, 180-183 (2012), 10 points were properly scored for PRV 6 where the defendant committed the sentencing offense while on probation for a juvenile offense ("[j]uveniles on probation are involved with the correction aspect of the criminal justice system"; therefore, the "defendant's prior juvenile adjudications supported the trial court's scoring of [PRV 6]"). See also People v Gibbs, 299 Mich App 473, 486-487 (2013), where 5 points were properly scored for PRV 6 where the defendant had entered a plea on a juvenile offense and was "awaiting adjudication or sentencing at the time he committed the sentencing offense." In sum, if the offender was under family court/juvenile court supervision at the time the sentencing offense was committed, he or she had a relationship to the criminal justice system for which points may be assessed under PRV 6. However, the issue is ultimately for the judge to decide.

Tags: PRV 06

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