THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
771.7 Revoking probation of juvenile for conviction of felony or misdemeanor; commitment of juvenile to department of corrections; violation of probation; order.
Sec. 7.
(1) If the court finds that a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, violated probation by being convicted of a felony or a misdemeanor punishable by imprisonment for more than 1 year, the court shall revoke probation and order the juvenile committed to the department of corrections for a term of years that does not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted and placed on probation. The court shall grant credit against the sentence for the period of time the juvenile served on probation.
(2) If the court finds that a juvenile placed on probation and committed under section 1(3) or (4) of chapter IX to an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, violated probation other than as provided in subsection (1), the court may order the juvenile committed to the department of corrections or may order any of the following for the juvenile:
(a) A change of placement.
(b) Community service.
(c) Substance abuse counseling.
(d) Mental health counseling.
(e) Participation in a vocational-technical education program.
(f) Incarceration in a county jail for not more than 30 days. If a juvenile is under 17 years of age, the juvenile shall be placed in a room or ward out of sight and sound from adult prisoners.
(g) Other participation or performance as the court considers necessary.
History: Add. 1988, Act 78, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 343, Eff. May 1, 1994 ;-- Am. 1996, Act 247, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Compiler's Notes:
Former MCL 771.7, which pertained to discharge of accused, was repealed by Act 81 of 1979, Eff. Dec. 31, 1979.
Section 3 of Act 78 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 181 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Notes of Decisions
Cited in
9
cases, 1969–2012 · leading case:
People v. Valentin, 577 N.W.2d 73 (Mich. 1998).
People v. Valentin, 577 N.W.2d 73 (Mich. 1998).
· cites it 31× “§ 771.7; M.S.A. § 28.1137, it simply may have made a mistake in failing to authorize mandatory life as a penalty for violation of probation.”
People v. Valentin, 559 N.W.2d 396 (Mich. Ct. App. 1997).
· cites it 62× “§ 771.7; M.S.A. § 28.1137, Judge Roberson revoked defendant's juvenile probation for the possession with intent to deliver conviction and sentenced him to life imprisonment without parole.”
People v. Hendrick, 697 N.W.2d 511 (Mich. 2005).
“6 MCL 771.7(1), which deals with revocation of probation for a juvenile following certain convictions, specifically requires a trial court to “order the juvenile committed to the department of corrections for a term of years that does not exceed the penalty that could have been…”
Livingston Cnty. v. Livingston Circuit Judge, 225 N.W.2d 352 (Mich. 1975).
· cites it 4× “MCLA 771.7; MSA 28.1137. [22] As a result "the original authority and duty of the plaintiff civil service commission was diminished pro tanto, by the act of 1965 [establishing the PERA], to the extent of free administration of the latter according to its tenor".”
People v. Anderson, 825 N.W.2d 678 (Mich. Ct. App. 2012).
“MCL 771.7; MCL 712A.18i(9); MCL 712A.18i(10)(f).”
Wayne Circuit Judges v. Wayne Cnty., 167 N.W.2d 337 (Mich. Ct. App. 1969).
· cites it 2× “” 3 Seetion 7, ch 11 of the code of criminal procedure (MCLA, §771.7 [Stat Ann 1968 Cum Supp § 28.”
People v. Thenghkam, 610 N.W.2d 571 (Mich. Ct. App. 2000).
“MCL 771.7(1); MSA 28.1137(1). 11 Formerly, the statute permitted automatic waiver for nine specified offenses, including second-degree murder.”
— Mich. Comp. Laws § 771.7(1) — 4 cases
People v. Valentin, 577 N.W.2d 73 (Mich. 1998).
“§ 771.7; M.S.A. § 28.1137, it simply may have made a mistake in failing to authorize mandatory life as a penalty for violation of probation.”
People v. Valentin, 559 N.W.2d 396 (Mich. Ct. App. 1997).
“§ 771.7; M.S.A. § 28.1137, Judge Roberson revoked defendant's juvenile probation for the possession with intent to deliver conviction and sentenced him to life imprisonment without parole.”
People v. Hendrick, 697 N.W.2d 511 (Mich. 2005).
“6 MCL 771.7(1), which deals with revocation of probation for a juvenile following certain convictions, specifically requires a trial court to “order the juvenile committed to the department of corrections for a term of years that does not exceed the penalty that could have been…”
People v. Thenghkam, 610 N.W.2d 571 (Mich. Ct. App. 2000).
“MCL 771.7(1); MSA 28.1137(1). 11 Formerly, the statute permitted automatic waiver for nine specified offenses, including second-degree murder.”
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.