HYTA and Domestic Violence Charges in Michigan

The Holmes Youthful Trainee Act, known as HYTA, lets a Michigan court assign a young adult who pleads guilty to "the status of youthful trainee" without entering a judgment of conviction.^[6] Since October 1, 2021 it covers offenses committed on or after the 18th birthday but before the 26th.^[1] Domestic assault is not among the offenses the statute excludes, so HYTA can be an option in a domestic violence case, alongside or instead of the deferral in MCL 769.4a.^[3]

This page covers the age rules, the exclusions, what the court can order, what a completed assignment means for a record, and how HYTA compares with the domestic violence deferral.

Who is eligible by age?

The current rule, in MCL 762.11(2), applies to a criminal offense "committed on or after the individual's eighteenth birthday but before his or her twenty-sixth birthday."^[1] The age that counts is the age when the offense was committed.

The range has changed twice, and outdated numbers are common:

Period	Age at the time of the offense
Before August 18, 2015	From the 17th birthday up to the 21st[7]
August 18, 2015 to September 30, 2021	From the 17th birthday up to the 24th[7][6]
October 1, 2021 to the present	From the 18th birthday up to the 26th[1][7]

People younger than 18 are handled differently; see Juveniles and domestic violence charges.

Whose consent is needed?

The individual must consent.^[6] If the offense was committed on or after the 21st birthday but before the 26th, "the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney."^[1]

The statute requires the prosecutor to consult with the victim about HYTA in two situations: when the defendant was charged with an excluded offense but pleads guilty to another offense, and when the defendant will be eligible under the subsection dealing with sex-offense factors.^[1] Unlike MCL 769.4a, the HYTA statute has no general victim-consultation requirement for a domestic assault plea.^[1][8] The victim's rights under the Crime Victim's Rights Act still apply, including the prosecutor's duty to offer the victim an opportunity to give his or her views before finalizing a plea negotiation.^[9]

A guilty plea is required

The statute applies when an individual "pleads guilty." The Court of Appeals has held that defendants who plead nolo contendere (no contest) or are found guilty following a trial are not eligible for HYTA status.^[2] This is a real difference from the 769.4a deferral, which covers a person who pleads guilty or is found guilty.^[8] The two kinds of plea are compared in Guilty vs. no-contest pleas.

Which offenses are excluded?

HYTA does not apply to:^[3]

• A felony for which the maximum penalty is imprisonment for life.^[3]
• A major controlled substance offense.^[3]
• A traffic offense.^[3]
• Listed criminal sexual conduct offenses, and assault with intent to commit them.^[3]

A separate subsection bars assignment for certain people: someone previously convicted of or adjudicated for a listed offense that requires sex offender registration, someone charged with such an offense who does not prove by clear and convincing evidence that he or she is not likely to commit further listed offenses, and cases the court finds involved specified criminal-sexual-conduct factors.^[10]

Domestic assault under MCL 750.81, aggravated domestic assault under MCL 750.81a, felonious assault, assault with intent to do great bodily harm or by strangulation, and stalking are not among the excluded offenses.^[3] So HYTA reaches charges that the 769.4a deferral does not, since that deferral is limited to MCL 750.81 and 750.81a.^[8]

Not being excluded is not the same as being granted. Assignment is in the judge's discretion, and in People v Khanani the Court of Appeals said that "in exercising its discretion, a trial court should consider the seriousness of the offense as a factor on an equal footing with the defendant's age."^[11]

What can the court order?

It depends on the maximum penalty for the underlying charge.^[12]

• Charge punishable by 1 year or less (which includes first-offense and second-offense domestic assault): the court shall place the individual on probation for not more than 2 years.^[12][13][14]
• Charge punishable by more than 1 year: the court chooses among commitment to the Department of Corrections for custodial supervision and training for not more than 2 years, probation for not more than 3 years, county jail for not more than 1 year, or a commitment followed by probation for not more than 1 year.^[12]

Probation under HYTA is subject to the conditions in the general probation statute.^[12] The court may require the trainee to maintain employment or attend school, or to actively seek them, and a trainee whose offense was committed on or after the 21st birthday may be subject to electronic monitoring during the probationary term.^[15] The usual range of conditions, including no-contact and counseling conditions, is described in Probation in a domestic violence case.

Money is still owed. The crime victim rights assessment applies to a case resolved by assignment to youthful trainee status, and the court must order restitution.^[16][17] The court form is SCAO Form MC 242, Assignment to Youthful Trainee Status.^[18]

What happens if the trainee gets into trouble?

The court may, at its discretion, revoke youthful trainee status at any time before the individual's final release.^[19] Revocation is required if, during the assignment, the individual pleads guilty to or is convicted of a listed offense. The list includes felonious assault (MCL 750.82), assault with intent to do great bodily harm or by strangulation (MCL 750.84), home invasion (MCL 750.110a) and any firearm offense.^[19][20]

Upon revocation the court may enter an adjudication of guilt and proceed as provided by law, and if a sentence is imposed the court must give credit for time served as a youthful trainee in a Department of Corrections facility or a county jail.^[19]

What does a completed HYTA assignment mean for a record?

If the status is not revoked, then upon final release the court shall discharge the individual and dismiss the proceedings.^[4] An assignment to youthful trainee status "is not a conviction for a crime," and the person "shall not suffer a civil disability or loss of right or privilege following his or her release from that status because of his or her assignment as a youthful trainee," subject to an exception for certain older sex-offense cases.^[4]

Unless a judgment of conviction is entered, all proceedings regarding the disposition of the charge and the assignment are closed to public inspection. They remain open to the courts, the Department of Corrections, the state human services agency, law enforcement personnel and prosecuting attorneys for use in performing their duties.^[5] The court clerk reports to the State Police that the case was handled under the youthful trainee statute.^[21]

There are two places where HYTA is treated as a conviction or leaves a question open:

• Sentencing guidelines. For scoring prior record variables in a later felony case, "conviction" includes assignment to youthful trainee status.^[22][23]
• Repeat-offense domestic assault. MCL 769.4a says in so many words that a dismissal under that section is a prior conviction for repeat-offense domestic assault.^[24] The sources used for this guide contain no comparable statement about a completed HYTA assignment, and do not resolve whether it counts as a prior for that purpose.^[4]

The federal firearm question is likewise unsettled by the sources used here; the texts are set out in Does a 769.4a deferral count as a conviction? Federal immigration law has its own definition of conviction, which reaches some cases where a guilty plea was entered and adjudication was withheld.^[25]

HYTA compared with the 769.4a deferral

Question	HYTA	Domestic violence deferral
Age limit	Offense on or after the 18th birthday and before the 26th[1]	None stated in the section[8]
Offenses covered	Any offense not on the exclusion list[3]	Only MCL 750.81 and 750.81a against a person in a listed domestic relationship[8]
How guilt is established	Guilty plea only[2]	Guilty plea or finding of guilt[8]
Prosecutor's consent	Needed if the offense was committed at 21 or older[1]	Always needed, given in consultation with the victim[8]
Prior record limit	The statute's exclusions do not include a prior assault conviction; they do include a prior conviction for a listed sex offense[3][10]	No previous conviction of an assaultive crime[8]
How many times	No language limiting the number of times[26]	Only 1 discharge and dismissal[24]
Counts as a prior for repeat-offense domestic assault	Not addressed in the sources used here[4]	Yes[24]
Record after completion	Closed to public inspection; open to courts, corrections, law enforcement and prosecutors[5]	Nonpublic State Police record open to listed agencies[27][28]

The statutes also interact. A person assigned youthful trainee status, like a person on 769.4a probation, may also be admitted to a drug treatment court, a mental health court or a veterans treatment court if otherwise eligible.^[29] See Specialty courts and domestic violence.

What people get wrong

"HYTA is for ages 17 to 23." Since October 1, 2021 it is the 18th birthday up to, and not including, the 26th.^[1][7]

"You can plead no contest and still get HYTA." The Court of Appeals has held that a no-contest plea does not qualify.^[2]

"HYTA cannot be used for assault charges." Assault offenses are not on the exclusion list, though the seriousness of the offense is weighed equally with age.^[3][11]

"HYTA seals everything." The proceedings are closed to public inspection but open to courts, corrections, law enforcement and prosecutors, and the assignment counts in sentencing guidelines scoring.^[5][22]

How HYTA sits among the other ways a case can end is covered in Every way a domestic violence case can end, and the deferral in The first-offender deferral (MCL 769.4a).