Rule 3.955.Sentencing or Disposition in Designated Cases

MCR 3.955 is the fork in the road at the end of a designated case. A juvenile convicted under MCL 712A.2d faces either an order of disposition or a sentence, and this rule fixes the default, the burden, and the factors that decide which one.

The factors

Subrule (A) points sentencing or disposition to MCL 712A.18(1)(o) and, where it applies, to the Crime Victim's Rights Act, MCL 780.751 et seq. It then lists six factors the court must consider, weighting the seriousness of the offense and the juvenile's prior record above the rest:

• The seriousness of the offense in terms of community protection, including aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the effect on any victim.
• The juvenile's culpability, including the level of participation in planning and carrying out the offense and any aggravating or mitigating factors recognized by the sentencing guidelines.
• The prior record of delinquency, including any record of detention, police record, school record, or other evidence of prior delinquent behavior.
• The juvenile's programming history, including past willingness to participate meaningfully in available programming.
• The adequacy of the punishment or programming available in the juvenile justice system.
• The dispositional options available for the juvenile.

Subrule (A) also requires the court to give the juvenile, the juvenile's lawyer, the prosecutor, and the victim an opportunity to raise circumstances they believe the court should weigh.

The default and who has to overcome it

Subrule (B) sets the tilt. After the court has considered the results of the risk and needs assessment under MCR 3.907, it enters an order of disposition unless it determines that the best interests of the public would be served by sentencing the juvenile as an adult. The prosecuting attorney carries the burden of proving that by a preponderance of the evidence, measured against the criteria in subrule (A).

Three paths out

• Sentence. Under subrule (C), where the court decides the juvenile should be sentenced as an adult, either at the outset or after a delayed imposition of sentence, the sentencing hearing follows MCR 6.425, including the procedures in MCR 6.425(G) for appointing appellate counsel.
• Delayed imposition of sentence. Subrule (D) applies where the court has determined that the juvenile should be sentenced as an adult, and lets it instead enter, in its discretion, an order of disposition that delays imposition of sentence and places the juvenile on probation on terms it considers appropriate, including any disposition under MCL 712A.18. The delayed sentence may later be imposed under MCR 3.956.
• Disposition. If the court does not determine that the juvenile should be sentenced as an adult, subrule (E) requires a dispositional hearing following MCR 3.943, with requests for and appointment of appellate counsel handled under MCR 3.993(D).