HYTA and Sex Offenses in Michigan: What the Youthful Trainee Act Covers

Michigan's Holmes Youthful Trainee Act (HYTA) lets a court take a guilty plea from a young adult without entering a judgment of conviction and, if the person completes the assignment, dismiss the case.^[6][7] It is closed to almost every criminal sexual conduct (CSC) offense. Only two provisions remain eligible, both of them age-based offenses involving complainants aged 13 through 15, and even for those the statute adds hurdles that do not apply to other crimes.^[1][3]

This page explains who can be considered, which sex offenses are excluded, what the court must find, and what trainee status does and does not do about the sex offender registry.

How does HYTA work?

If an individual pleads guilty to a criminal offense committed within the eligible age range, the court "may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee."^[6] Two things follow from that wording: HYTA requires a guilty plea, and assignment is discretionary.^[6]

If trainee status is not terminated or revoked, then on final release the court discharges the individual and dismisses the proceedings. An assignment to youthful trainee status "is not a conviction for a crime."^[7]

Who is in the eligible age range?

Beginning October 1, 2021, HYTA covers an offense committed on or after the individual's eighteenth birthday but before the twenty-sixth birthday. If the offense was committed on or after the twenty-first birthday, the individual must not be assigned to trainee status without the consent of the prosecuting attorney.^[2]

People younger than 18 at the time of an alleged offense are generally within the family division's jurisdiction instead.^[8] See when the accused is a juvenile.

Which sex offenses are excluded?

MCL 762.11(3) lists offenses to which HYTA does not apply. Three entries matter here.^[1][9]

Exclusion	What it means for sex offenses
A felony for which the maximum penalty is imprisonment for life	Excludes first-degree CSC, which is punishable by life or any term of years[9][10]
A violation, attempted violation or conspiracy to violate the first-, second-, third- or fourth-degree CSC statutes, other than section 520d(1)(a) or 520e(1)(a)	Excludes every other CSC charge, including attempts[1]
A violation, attempt or conspiracy to violate MCL 750.520g with the intent to commit CSC, other than section 520d(1)(a) or 520e(1)(a)	Excludes assault with intent to commit CSC on the same terms[9]

The two provisions left open

• MCL 750.520d(1)(a), third-degree CSC by age. Sexual penetration with a person aged 13 through 15, proved by age alone; the subdivision has no age-gap requirement and no consent exception.^[11]
• MCL 750.520e(1)(a), fourth-degree CSC by age. Sexual contact with a person at least 13 but less than 16 years of age where the actor is 5 or more years older.^[12]

The underlying offenses are explained in third-degree CSC, fourth-degree CSC and Michigan's statutory rape laws. Consent is not a defense to an age-based charge; that point is covered in the age of consent in Michigan.^[13]

This page covers the CSC statutes only. Whether the act can apply to a different sex-related charge depends on the other exclusions in MCL 762.11(3), including the one for offenses with a life maximum, and on the registrable-offense rules below.^[1][3]

What extra findings apply to registrable offenses?

Even where the charge is one of the two eligible provisions, MCL 762.11(4) says the court "shall not" assign trainee status in three situations.^[3][14]

1. A prior registrable offense. The individual was previously convicted of or adjudicated for a listed offense for which registration is required.^[3]
2. The burden of proof is not met. If the individual is charged with a listed offense for which registration is required, the individual must carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.^[3]
3. An aggravating circumstance. The court determines that the offense involved a factor set out in MCL 750.520b(1)(a) to (h), 750.520c(1)(a) to (l), 750.520d(1)(b) to (f) or 750.520e(1)(b) to (g).^[14]

The second item places the burden on the individual, at the clear-and-convincing level.^[3] The third item means that a plea to an age-based offense does not qualify if the court finds the conduct involved one of the circumstances that define the other forms of CSC, which are described in force or coercion and position of authority.^[14]

What is the victim's role?

If a defendant is charged with an excluded offense and pleads guilty to any other offense, or will be eligible for trainee status under subsection (4), "the prosecutor shall consult with the victim regarding the applicability of this section."^[6]

What can a HYTA assignment involve?

Where the underlying charge is punishable by more than 1 year, the court must choose among custody with the Department of Corrections for not more than 2 years, probation for not more than 3 years, commitment to the county jail for not more than 1 year, or a commitment followed by probation of not more than 1 year.^[15] Both eligible CSC provisions exceed that 1-year threshold: third-degree CSC is punishable by not more than 15 years and fourth-degree by not more than 2 years.^[16][17]

The court may require the trainee to maintain employment or attend school. If the offense was committed on or after the twenty-first birthday, the individual may also be subject to electronic monitoring during the probationary term.^[18]

A separate probation statute sets a minimum term of 5 years for listed offenses, but it lets the court exempt a person who has successfully completed a youthful-trainee probationary period for a listed offense and been discharged from trainee status.^[19][20] See probation and CSC convictions.

What does HYTA do about the sex offender registry?

Three rules apply in sequence.

• Registration comes first. A person must register before assignment to youthful trainee status, and the court shall not assign trainee status until it determines that the registration was forwarded to the State Police.^[21]
• Successful completion. An individual who is assigned to and successfully completes a term of supervision as a youthful trainee "is not convicted for purposes of this act."^[4]
• Violation during the assignment. The court shall revoke the trainee status of an individual who willfully violates the registration act.^[4]

Assignments before October 1, 2004 are an exception: an individual assigned to trainee status before that date for a listed offense is required to comply with the registration act.^[22]

The registration act has its own age-based relief that does not depend on HYTA. A court must grant a petition to end registration where the conviction resulted from a consensual act, the victim was 13 to 15 and the petitioner is not more than 4 years older.^[23] That is covered in Michigan's "Romeo and Juliet" provisions.

How can trainee status be lost?

The court may terminate its consideration of the individual as a trainee, or revoke the status once assigned, at its discretion at any time before final release.^[24] Revocation is mandatory if, during the assignment, the trainee pleads guilty to or is convicted of listed crimes, which include a felony with a life maximum and the excluded CSC offenses.^[24]

On revocation, the court may enter an adjudication of guilt and proceed as provided by law. If a sentence is imposed, the court must grant credit for time served as a trainee in a Department of Corrections facility or a county jail.^[25] Probation is not available on a conviction of third-degree CSC.^[26]

Is the record sealed?

Unless the court enters a judgment of conviction, all proceedings regarding the disposition of the charge and the assignment as a youthful trainee are closed to public inspection. They remain open to the courts, the Department of Corrections, law enforcement personnel and prosecuting attorneys for use in the performance of their duties.^[7]

The statute says a person assigned to trainee status "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," with the pre-October 2004 registration exception.^[7] That is a statement of Michigan law. Federal immigration law uses its own definition of "conviction," which includes a case where adjudication of guilt has been withheld but the person pleaded guilty and the judge ordered some form of punishment, penalty or restraint on liberty.^[27] Non-citizens considering any plea should read immigration consequences of sex offenses and consult an immigration attorney.

What people get wrong

• "HYTA is available to any young first offender." Not for CSC, apart from the two age-based provisions, and then only if the statutory findings are met.^[1][3]
• "The age range is 17 to 23." Until October 1, 2021 the act covered offenses committed on or after the 17th birthday and before the 24th.^[28] It now covers the 18th birthday up to the 26th.^[2]
• "HYTA means never registering." Registration is required before assignment, and a willful registration violation requires revocation.^[21][4]
• "The judge has to grant it if the charge qualifies." The statute says the court "may" assign trainee status.^[6]

How HYTA is raised during plea discussions is covered in plea bargains in CSC cases. The sister guide explains the act's general mechanics in HYTA and domestic violence.