Key dates in Michigan sentencing law
From the December 2023 Criminal Defense Newsletter
What dates are most important to the modern practitioner when it comes to Michigan felony sentencing law? With a generous statute of limitations for murder, criminal sexual conduct, and a few other serious crimes, see MCL 767.24, it can be helpful to remember the dates of significant penalty changes. Here are some of the most relevant legislative and judicial changes for adult sentencing over the past fifty years, with emphasis given to 2006 and 2012 amendments:
1972 minimum term limited to two-thirds of the maximum term, People v Tanner
1977 felony-firearm law takes effect, MCL 750.227b
1983 judicial sentencing guidelines (discretionary use)
1984 judicial sentencing guidelines (mandatory use)
1988 judicial sentencing guidelines (second edition)
1988 consecutive sentencing for felony committed during disposition of
another felony, MCL 768.7b
1988 consecutive sentencing for felony committed while on parole, MCL 768.7a
1992 mandatory minimum term for OWI third offense, MCL 257.625
1994 restitution becomes mandatory, MCL 769.1a, MCL 780.766
1999 legislative sentencing guidelines take effect, MCL 769.34 (1/1/99)
2003 mandatory minimum terms eliminated for most drug crimes,
MCL 333.7041 et seq.
2006 mandatory lifetime electronic monitoring for all CSC 1st and
some CSC 2nd, MCL 750.520b and 750.520c (8/28/06);
People v Comer; People v Kern
2006 mandatory 25-year minimum term for CSC 1st with victim under
13 defendant 17 or older, MCL 750.520b (8/28/06)
2006 discretionary consecutive sentencing for CSC 1st and same
transaction offenses, MCL 750.520b (8/28/06)
2012 mandatory 25-year minimum term for certain fourth habitual offenders,
MCL 769.12 (10/1/12)
2015 legislative sentencing guidelines become discretionary, People v Lockridge
2021 definition of intermediate sanction no longer includes jail
Anne Yantus
Michigan Sentencing PLLC
Copyright Anne Yantus 2023
Anne Yantus is a sentence consultant working with attorneys to promote more favorable sentencing out-comes. Anne credits her knowledge of Michigan sentencing law to the many years she spent handling plea and sentencing appeals with the State Appellate Defender Office. Following her time with SADO, Anne taught a criminal sentencing course at University of Detroit Mercy School of Law and subsequently continued to write and speak on felony sentencing law while serving as pro bono counsel with Bodman PLC. Anne welcomes your Michigan felony sentencing questions and is happy to arrange a consultation where appropriate. Due to the volume of inquiries, the author is not able to respond to pro bono requests for assistance or analysis of individual fact situations.
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