THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
762.12 Termination or revocation as youthful trainee; effect.
Sec. 12.
(1) Subject to subsection (2), the court of record having jurisdiction over the criminal offense referred to in section 11 of this chapter may, at any time, terminate its consideration of the individual as a youthful trainee or, once having assigned the individual to the status of a youthful trainee, may at its discretion revoke that status any time before the individual's final release.
(2) If the court assigns an individual to youthful trainee status, the court shall revoke that status if the individual pleads guilty to or is convicted of any of the following during the period of assignment:
(a) A felony for which the maximum penalty is imprisonment for life.
(b) A major controlled substance offense.
(c) A violation, attempted violation, or conspiracy to violate section 82, 84, 88, 110a, 224f, 226, 227, 227a, 227b, 520b, 520c, 520d, 520e, 529a, or 530 of the Michigan penal code, 1931 PA 328, MCL 750.82, 750.84, 750.88, 750.110a, 750.224f, 750.226, 750.227, 750.227a, 750.227b, 750.520b, 750.520c, 750.520d, 750.520e, 750.529a, and 750.530, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(d) A violation, attempted violation, or conspiracy to violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, with the intent to commit a violation of section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(e) A firearm offense. As used in this subdivision, "firearm offense" means a crime involving a firearm as that term is defined in section 1 of 1927 PA 372, MCL 28.421, whether or not the possession, use, transportation, or concealment of a firearm is an element of the crime.
(3) If an individual who is required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, willfully violates that act, the court shall revoke the individual's status as a youthful trainee. Upon termination of consideration or revocation of status as a youthful trainee, the court may enter an adjudication of guilt and proceed as provided by law. If the status of youthful trainee is revoked, an adjudication of guilt is entered, and a sentence is imposed, the court in imposing sentence shall specifically grant credit against the sentence for time served as a youthful trainee in an institutional facility of the department of corrections or in a county jail.
History: Add. 1966, Act 301, Eff. Jan. 1, 1967 ;-- Am. 1993, Act 293, Eff. Jan. 1, 1994 ;-- Am. 1994, Act 286, Eff. Oct. 1, 1995 ;-- Am. 2015, Act 32, Eff. Aug. 18, 2015
Notes of Decisions
Cited in
23
cases (
6 in the last 5 years), 1979–2026 · leading case:
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
People v. Rahilly, 635 N.W.2d 227 (Mich. Ct. App. 2001).
· cites it 4× “14 provides in relevant part: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.12], upon final release of the individual from the status as youthful…”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“*142 MCL 762.12. If the defendant’s status is not revoked and the defendant successfully completes his or her assignment as a youthful trainee, the court “shall discharge the individual and dismiss the proceedings.”
Adams v. United States, 622 F.3d 608 (6th Cir. 2010).
· cites it 2× “Mich. Comp. Laws § 762.12 (footnote omitted) (emphasis added).”
People v. Temelkoski, 859 N.W.2d 743 (Mich. Ct. App. 2014).
“” Dipiazza, 286 Mich App at 141-142 , citing MCL 762.12. If the defendant successfully completes his or her HYTA assignment, the court “shall discharge the individual and dismiss the proceedings,” MCL 762.”
People v. Webb, 279 N.W.2d 573 (Mich. Ct. App. 1979).
· cites it 2× “…no need to address at this time, it was not used as the basis for this decision. [1] MCL 762.11; MSA 28.853(11). [2] MCL 762.12; MSA 28.853 (12).”
People v. Cochran, 399 N.W.2d 44 (Mich. Ct. App. 1986).
“MCL 762.12; MSA 28.853(12) provides as follows: The court of record, having jurisdiction over the criminal offense referred to in Section 1, may at any time terminate its consideration of the youth as a youthful trainee or, once having assigned the youth to the status of a…”
People v. Mahler, 402 N.W.2d 93 (Mich. Ct. App. 1986).
“MCL 762.12; MSA 28.853(12) still authorizes trial courts to terminate the youthful trainee status at their discretion.”
People v. Ridner, 276 N.W.2d 575 (Mich. Ct. App. 1979).
· cites it 2× “853(11), MCL 762.12; MSA 28.853(12): "When any youth is alleged to have committed a criminal offense between his seventeenth and twentieth birthdays, the court of record having jurisdiction of such criminal offense may with the consent of either the affected youth or his legal…”
20240215_C366252_28_366252.Opn.Pdf (Mich. Ct. App. 2024).
· cites it 3× “14 provides for the discharge and dismissal of HYTA status as follows: (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter [MCL 762.12], upon final release of…”
United States v. Carmello Anthony Rolon (6th Cir. 2026).
· cites it 2× “A court’s “discretion[ary]” revocation of the trainee program at “any time,” Mich. Comp. Laws § 762.12 (1), “will automatically result in a conviction and sentencing,” Carr v.”
People of Michigan v. Derek James Beach (Mich. Ct. App. 2017).
“Hoekstra 4 MCL 762.12(2)(a) provides that a court must revoke an individual’s HYTA status if the individual pleads guilty to or is convicted of “[a] felony for which the maximum penalty is imprisonment for life” during the period of assignment.”
— Mich. Comp. Laws § 762.12(1) — 3 cases
— Mich. Comp. Laws § 762.12(2)(a) — 2 cases
People of Michigan v. Derek James Beach (Mich. Ct. App. 2017).
“Hoekstra 4 MCL 762.12(2)(a) provides that a court must revoke an individual’s HYTA status if the individual pleads guilty to or is convicted of “[a] felony for which the maximum penalty is imprisonment for life” during the period of assignment.”
— Mich. Comp. Laws § 762.12(3) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.