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The Holmes Youthful Trainee Act (HYTA) status is a deferral status pursuant to MCL 762.11 that allows youthful offenders who plead guilty to a criminal offense to avoid having that conviction entered on their record. Instead, they are assigned to HYTA status. For individuals between the ages of 17 and 24, the option to plead guilty and get HYTA status ends October 1, 2021. From this date forward, individuals from age 18 to 26 will qualify for HYTA status.
Currently, an individual cannot be assigned HYTA status without the consent of the prosecuting attorney, if the offense was committed between the ages of 21 and 24. On October 1, 2021, these parameters will be changed to between the ages of 21 and 26.
If an individual is charged with the following crimes and either pleads guilty to any other offense or will be eligible for HYTA, the prosecuting attorney must consult with the victim regarding the applicability of HYTA:
- A felony for which the maximum penalty is life imprisonment;
- A major controlled substance offense;
- A traffic offense;
- A violation, attempted violation, or conspiracy to commit criminal sexual conduct anywhere from the first to fourth degree;
- A violation, attempted violation, or conspiracy to commit assault with intent to commit criminal sexual conduct.
If an individual on HYTA status pleads guilty to or is convicted of certain offenses, the court shall revoke HYTA status. And if an individual who is required to register under the sex offenders act violates the act, the court shall revoke HYTA status.
Should an individual complete HYTA without being terminated or revoked from HYTA, the court shall discharge the individual and dismiss the proceedings. This is a huge benefit of HYTA, as the individual doesn’t have a conviction on their record. What’s more, their record will be non-public, except to courts of this state, DHHS, law enforcement personnel, and prosecuting attorneys for use in the performance of their duties.
HYTA also applies to individuals over 14 years old who are waived to circuit court and charged as an adult.
If an individual is assigned to HYTA for an offense punishable by more than one year of incarceration, then the court has four different options:
- Commit the individual to the department of corrections for custodial supervision and training for no more than two years. If the individual is less than 21 years of age, they must be committed to an institutional facility designated by the department for that purpose.
- Place the individual on probation for no more than 3 years subject to probation conditions as provided in section 3 of chapter XI. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088.
- Commit the individual to the county jail for no more than one year.
- Except as provided in subsection (2), commit the individual to the department of corrections under subdivision (a) or to the county jail under subdivision (c), and then place the individual on probation for no more than one year subject to probation conditions as provided in section 3 of chapter XI.
HYTA is hugely beneficial for youthful offenders. It gives youthful offenders a second chance—once they complete probation, their criminal records are wiped clean. Thus, it is necessary to assess the charges a youthful offender faces to see if they can take advantage of this status.
If a young adult in your family is facing criminal charges, our Michigan defense attorneys at Grewal Law PLLC are here to fight for their future. In a free consultation, we can discuss whether they have the option for HYTA status. Contact Grewal Law PLLC online today!
