Holmes Youthful Trainee Act (HYTA)
HYTA (Holmes Youthful Trainee Act)
An assignment which Judges can use when an individual is 17 up to the age of 24 (in some instances it can also be used for 14 – 16 year olds) at the time of their offense. If these youths complete their assignments without any problems (retain their HYTA status) they NEVER have a conviction entered on their record… the records are sealed (non-public)… and the law says they shall suffer no loss of right or privilege due to their sentencing under HYTA… EXCEPT (since 1995) for having to register as a sex offender if the offense was for a registerable offense. Youths assigned under HYTA for a registerable offense (listed in the Sex Offender Registration Act) before 10-1-2004 are still required to register unless they qualify to petition for release from registration requirements. Some, but not all HYTA qualify to petition under the current law.
Youths assigned to HYTA for a registerable offense after 10-1-2004 NEVER have to register unless they lose their HYTA status so it is VERY IMPORTANT to successfully complete an assignment under HYTA.
HYTA (assuming HYTA status is not lost):
- “An assignment of an individual to the status of youthful trainee as provided in this chapter is not a conviction for a crime and… the individual … shall not suffer a civil disability or loss of right or privilege following his or her release from that status.” MCL 14(1) & (2).
- A conviction is NEVER entered: “…without entering a judgment of conviction” MCL 11(1).
- “All proceedings regarding the disposition of the criminal charge and the individual’s assignment as youthful trainee shall be closed to public inspection…” MCL 14(4). Disposition of case is NON-PUBLIC from the time HYTA is granted and FOREVER. HYTA individuals can say they have NEVER been convicted of a crime, on any application, from the moment they are sentenced under HYTA. Records are NON-public, as long as HYTA status is not lost.
- “…upon final release of the individual from the status as youthful trainee, the court shall discharge the individual and dismiss the proceedings.” MCL 14(1)
Any young person, 14 up to the age of 24, should ask their attorney if they might qualify for assignment to HYTA if they are charged with ANY crime. It is a good way to try to keep a conviction off of a record.