Opinion
ADM File No. 2003-39.
July 17, 2003.
On order of the Court, in conformity with the notice provided in People v Petty, 469 Mich. ___ (2003), we amend Rule 3.955 of the Michigan Court Rules, effective immediately. MCR 1.201(D). This matter will be on the agenda of a future public administrative hearing. The notices and schedules for such a hearing are posted at www.courts.mi.gov/supremecourt well in advance of the hearing, along with instructions for reserving time to address the Court in person.
[The present language is amended as indicated below by underlining for additions.]
Rule 3.955 Sentencing or Disposition in Designated Cases
(A) Determining Whether to Sentence or Impose Disposition. If a juvenile is convicted under MCL 712A.2d, sentencing or disposition shall be made as provided in MCL 712A.18(1)(n) and the Crime Victim's Rights Act, MCL 780.751 et seq., if applicable. In deciding whether to enter an order of disposition, or impose or delay imposition of sentence, the court shall consider all the following factors, giving greater weight to the seriousness of the offense and the juvenile's prior record:
(1) the seriousness of the alleged offense in terms of community protection, including but not limited to, the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the effect on any victim;
(2) the culpability of the juvenile in committing the alleged offense, including, but not limited to, the level of the juvenile's participation in planning and carrying out the offense and the existence of any aggravating or mitigating factors recognized by the sentencing guidelines;
(3) the juvenile's prior record of delinquency, including, but not limited to, any record of detention, any police record, any school record, or any other evidence indicating prior delinquent behavior;
(4) the juvenile's programming history, including, but not limited to, the juvenile's past willingness to participate meaningfully in available programming;
(5) the adequacy of the punishment or programming available in the juvenile justice system; and
(6) the dispositional options available for the juvenile.
The court also shall give the defendant, the defendant's lawyer, the prosecutor, and the victim an opportunity to advise the court of any circumstances they believe the court should consider in deciding whether to enter an order of disposition or to impose or delay imposition of sentence.
(B) — (E) [Unchanged.]
Staff Comment: The July 17, 2003 amendment of MCR 3.955 is explained in People v Petty, 469 Mich. ___ (2003).
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.