Michigan’s Holmes Youthful Trainee Act (HYTA) for Young Offenders
The Holmes Youthful Trainee Act (HYTA) gives youthful offenders in Michigan a second chance.
It provides an opportunity for young people accused of a crime to prove that the criminal activity was out of the norm for their usual good conduct. It allows judges to impose a sentence after the young person pleads guilty, but the record is sealed, and the conviction goes away if the person successfully completes the sentence — including any term of probation.
HYTA is only available to defendants who were between the ages of 17 and 24 at the time the offense was committed, and it requires the defendant to accept responsibility by pleading guilty. It is available for most Michigan crimes but excludes certain sexual offenses, major controlled substance offenses, and certain other crimes. For a defendant who is not eligible for HYTA solely because of the crime charged, the SBBL team regularly negotiates with prosecutors to secure HYTA plea options for alternative charges, giving young clients a second chance and a clean criminal record.
How Does a Sentence Under HYTA Work?
When the accused is under the age of 21, the discretion to grant HYTA status to an eligible defendant lies entirely with the trial judge presiding over the case. While the prosecuting attorney may voice an opinion on the record as to whether a defendant should or should not receive an HYTA sentence, that opinion is in no way binding upon the court. When the accused was 21-24 years old at the time of the offense, the prosecutor must support a sentence under HYTA in order for HYTA to be available. The Michigan Supreme Court and the Court of Appeals have both opined that HYTA should be liberally granted, but it is up to the defendant and his or her attorney to show the judge that he or she is a good candidate for HYTA status. Letters from people in the community and the defendant’s family are often an effective way to show the judge that a particular defendant is worthy of a second chance. Judges especially like to see that the defendant’s family is aware of the matter and is working to address the defendant’s behavior. We have also had clients perform community service on their own, write a letter of apology to the victims (if any exist), and pay restitution prior to sentencing in order to convince the court that our client is a person worthy of a second chance.
HYTA and the Sex Offender Registration Act (SORA)
HYTA is available for certain sex offenses that would otherwise require registration on the Sex Offender Registration Act List (SORA). An HYTA sentence for a sex offense is a tremendous benefit as it allows the defendant to avoid registering on the sex offender list. While HYTA is available for most SORA offenses, it is not available for:
Criminal Sexual Conduct – 1st Degree
Criminal Sexual Conduct – 2nd Degree
Any Criminal Sexual Conduct that is alleged to have been committed by force
Any Criminal Sexual Conduct where the defendant was aware that the victim was mentally incapable of consent, mentally incapacitated, or physically helpless
Criminal Sexual Conduct involving a victim under the age of 13
The process for obtaining an HYTA sentence for an otherwise eligible sex offense is significantly more difficult than obtaining an HYTA sentence for a non-sex offense. HYTA requires defendants who plead guilty to a SORA offense to prove by clear and convincing evidence that he or she is not likely to commit any further listed SORA offenses. Clear and convincing evidence means that it is substantially more likely than not that the defendant will not commit a SORA-listed offense in the future.
What Happens If I Receive an HYTA Sentence?
A defendant who is sentenced under HYTA will, in most cases, receive a sentence similar to the sentence he or she would otherwise have received. Typical HYTA sentences include probation, fines, and community service. A period of incarceration may also be included in the sentence depending upon the severity of the crime — either in county jail or the Michigan Department of Corrections (MDOC). The maximum term of probation for an HYTA offense is 3 years.
HYTA offenders sentenced to prison in MDOC they are housed in a special unit located at the Thumb Correctional Facility in Lapeer County, Michigan. Unlike other offenders sentenced to the MDOC, HYTA offenders serve a flat sentence (one year rather than 1 to 5 years) and are not subject to a parole board in order to get released.
Suppose the offender completes the HYTA sentence successfully without committing any other offenses and without getting in any further trouble. In that case, the trial court will vacate the conviction and dismiss the charges. All records of the proceedings and charges will be sealed and will stay out of the public record. The sealing usually occurs immediately following the plea. A non-public record of the proceedings will still be kept. It will be accessible to law enforcement and the courts for the purposes of determining whether or not the defendant has ever availed himself or herself of HYTA in the past.
If a defendant violates the terms of his or her probation, the trial court may revoke his or her HYTA status, and the record of conviction would be entered into the defendant’s public criminal record.
The Holmes Youthful Trainee Act is a tremendous law that provides youthful offenders with a second chance. A criminal conviction can follow a person around for the rest of his or her life. It is imperative that HYTA-eligible defendants contact an attorney to assist them with the process.
