Rule 6.933 - Juvenile Probation Revocation(A) Issuance of Summons; Warrant. When a juvenile, who was placed on juvenile probation and committed to an institution as a state ward, is alleged to have violated juvenile probation, on finding probable cause to believe that a probationer has violated a condition of probation, the court may (1) issue a summons in accordance with MCR 6.102 for the probationer to appear for arraignment on the alleged violation, or(2) issue a warrant for the arrest of the probationer. An arrested probationer must promptly be brought before the court for arraignment on the alleged violation.
(B) Arraignment on the Charge. At the arraignment on the alleged probation violation, the court must (1) ensure that the probationer receives written notice of the alleged violation,(2) advise the probationer that (a) the probationer has a right to contest the charge at a hearing, and(b) the probationer is entitled to a lawyer's assistance at the hearing and at all subsequent court proceedings, and that the court will appoint a lawyer at public expense if the probationer wants one and is financially unable to retain one,(3) if requested and appropriate, appoint a lawyer,(4) determine what form of release, if any, is appropriate, and(5) subject to subrule (C), set a reasonably prompt hearing date or postpone the hearing.(C) Scheduling or Postponement of Hearing. The hearing of a probationer being held in custody for an alleged probation violation must be held within 14 days after the arraignment or the court must order the probationer released from that custody pending the hearing. If the alleged violation is based on a criminal offense that is a basis for a separate criminal prosecution, the court may postpone the hearing for the outcome of that prosecution.(D) Continuing Duty to Advise of Right to Assistance of Lawyer. Even though a probationer charged with probation violation has waived the assistance of a lawyer, 13 at each subsequent proceeding the court must comply with the advice and waiver procedure in MCR 6.005(E).(E) The Violation Hearing. (1) Conduct of the Hearing. The evidence against the probationer must be disclosed to the probationer. The probationer has the right to be present at the hearing, to present evidence, and to examine and cross-examine witnesses. The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of evidence except those pertaining to privileges. The state has the burden of proving a violation by a preponderance of the evidence.(2) Judicial Findings. At the conclusion of the hearing, the court must make findings in accordance with MCR 6.403.(F) Pleas of Guilty. The probationer may, at the arraignment or afterward, plead guilty to the violation. Before accepting a guilty plea, the court, speaking directly to the probationer and receiving the probationer's response, must (1) advise the probationer that by pleading guilty the probationer is giving up the right to a contested hearing and, if the probationer is proceeding without legal representation, the right to a lawyer's assistance as set forth in subrule (B)(2)(b),(2) advise the probationer of the maximum possible jail or prison sentence for the offense,(3) ascertain that the plea is understandingly, voluntarily, and accurately made, and(4) establish factual support for a finding that the probationer is guilty of the alleged violation.(G) Disposition in General. (1) Certain Criminal Offense Violations. (a) If the court finds that the juvenile has violated juvenile probation by being convicted of a felony or a misdemeanor punishable by more than one year's imprisonment, the court must revoke the probation of the juvenile and order the juvenile committed to the Department of Corrections for a term of years not to exceed the penalty that could have been imposed for the offense that led to the probation. The court in imposing sentence shall grant credit against the sentence as required by law.(b) The court may not revoke probation and impose sentence under subrule (G)(1) unless at the original sentencing the court gave the advice, as required by MCR 6.931(F)(2), that subsequent conviction of a felony or a misdemeanor punishable by more than one year's imprisonment would result in the revocation of juvenile probation and in the imposition of a sentence of imprisonment.(2) Other Violations. If the court finds that the juvenile has violated juvenile probation, other than as provided in subrule (G)(1), the court may order the juvenile committed to the Department of Corrections as provided in subrule (G)(1), or may order the juvenile continued on juvenile probation and under state wardship, and may order any of the following:(a) a change of placement,(d) substance abuse counseling,(e) mental health counseling,(f) participation in a vocational-technical education program,(g) incarceration in a county jail for not more than 30 days, and(h) any other participation or performance as the court considers necessary. If the court determines to place the juvenile in jail for up to 30 days, and the juvenile is under 18 years of age, the juvenile must be placed separately from adult prisoners as required by law.
(3) If the court revokes juvenile probation pursuant to subrule (G)(1), the court must receive an updated presentence report and comply with MCR 6.445(G) before it imposes a prison sentence on the juvenile.(H) Disposition Regarding Specific Underlying Offenses.(1) Controlled Substance Violation Punishable by Mandatory Nonparolable Life Sentence For Adults. A juvenile who was placed on probation and committed to state wardship for manufacture, delivery, or possession with the intent to deliver 650 grams(1,000 grams beginning March 1, 2003) or more of a controlled substance, MCL 333.7401(2)(a)(i), may be resentenced only to a term of years following mandatory revocation of probation for commission of a subsequent felony or a misdemeanor punishable by more than one year of imprisonment.(2) First-Degree Murder. A juvenile convicted of first-degree murder who violates juvenile probation by being convicted of a felony or a misdemeanor punishable by more than one year's imprisonment may only be sentenced to a term of years, not to nonparolable life.(I) Review. The juvenile may appeal as of right from the imposition of a sentence of incarceration after a finding of juvenile probation violation.(J) Determination of Ability to Pay. A juvenile and/or parent shall not be detained or incarcerated for the nonpayment of court-ordered financial obligations as ordered by the court, unless the court determines that the juvenile and/or parent has the resources to pay and has not made a good-faith effort to do so.Amended May 25, 2016, effective 9/1/2016; amended May 3, 2023, effective 5/3/2023.