According to a new law dealing with Juvenile reforms that was recently passed by the Michigan legislature, the age for prosecution as an adult has been raised from 17 years old to 18 years old. This new law went into effect on October 1st, 2021. This new law gives juvenile courts the jurisdiction over criminal matters where the person was under the age of 18 when they committed the crime. MCL 712A.2.
A prosecutor, of course, can still seek to try persons who are not 18 years old as an adult if there has been a very serious and specific crime committed. This new law is a step in the right direction and it is reflective of the changing views of society and the United States Supreme Court regarding crimes by people under the age of 18.
In Miller v. Alabama, the court held that young people have to be treated differently under criminal law. The court ruled that the “Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders.”
Are the Changes Retroactive?
Sadly, anyone who has been sentenced, will not be able to be sentenced as a Juvenile. This change is not retroactive. However, starting on October 1st, 2021, anyone who is not 18 years old and who has a criminal case pending must have their case moved to juvenile court. The State Court Administrator’s office believes that “pending” means a case has not had a conviction by trial or by guilty plea. It will also not apply the new law to those who are not 18 years old but are set to be sentenced on October 1st, 2021.
The change in age is not retroactive to those who have already been sentenced. But, per statute, anyone who is under 18 years old as of October 1, 2021 who still has a criminal case pending must have their case transferred to the juvenile court. MCL 712A.3. Evidently the State Court Administrator’s Office is taking the position that “pending” means that there has not been a finding of guilt, either by trial conviction or guilty plea. It will not apply MCL 712A.3 to those who are under the age of 18 but pending sentencing on October 1, 2021.