Michigan’s Raise the Age law took effect on October 1, 2021, and changed the default rule for 17-year-olds: instead of being funneled automatically into adult criminal court, they now start in the family division of the circuit court as juveniles. The reform brought Michigan in line with 46 other states and applies to offenses committed on or after that date. It did not, however, close every door to adult prosecution. Prosecutors can still move serious cases into the adult system through waiver or designation, so the age change is best understood as a shift in the starting point, not a blanket protection.
What the Law Changed
Governor Whitmer signed the Raise the Age legislative package in October 2019. The package included 18 separate bills, passed with bipartisan support, and set an effective date of October 1, 2021 to give the state two years to prepare.1Governor Gretchen Whitmer. Governor Whitmer Signs Bipartisan Bills to Raise the Age for Juvenile Offenders Before the change, Michigan was one of just four states still treating 17-year-olds as adults by default.
The direct effect is a jurisdictional one. Since October 1, 2021, Michigan defines a “juvenile” as anyone under 18 who is the subject of a delinquency petition, and the family division of the circuit court holds exclusive original jurisdiction over juveniles under 18 found within the county.2Michigan Legislature. Probate Code of 1939 (Excerpt) Chapter XIIA – Jurisdiction, Procedure, and Disposition Involving Minors That court handles both delinquency matters (conduct that would be a crime if committed by an adult) and status offenses like truancy or curfew violations.
The reform is estimated to bring about 4,000 additional cases into the juvenile system each year. Probation officers, social workers, and court staff have adapted to a broader age range, and juvenile detention facilities and rehabilitative programs expanded capacity to absorb the older group.
Cases That Can Still Go to Adult Court
Being classified as a juvenile is where the process starts, not necessarily where it ends. Michigan law provides three routes for moving a young person into adult-level proceedings, and each works differently depending on the offense and the accused’s age.
Judicial Waiver
When a juvenile aged 14 or older is accused of conduct that would be a felony if committed by an adult, the prosecutor can ask the family court judge to waive jurisdiction. If granted, the case transfers to a court with general criminal jurisdiction and proceeds as an adult prosecution. The judge must first find probable cause both that a felony-level offense occurred and that the juvenile committed it, and must weigh factors including criminal history, the circumstances of the offense, and public safety before deciding.3Michigan Legislature. Michigan Code 712A.4 – Waiver of Jurisdiction When Child of 14 or Older Accused of Felony If the juvenile does not already have a lawyer, the court must appoint one and inform the juvenile of that right before any waiver hearing.
Designated Proceedings
For the most serious offenses, Michigan allows the prosecutor to designate a case so the juvenile is tried “in the same manner as an adult” while technically remaining in family court. The statute lists “specified juvenile violations” that trigger this option, including first-degree murder, assault with intent to murder, armed robbery, carjacking, first-degree criminal sexual conduct, and kidnapping. For these offenses, the prosecutor can make the designation without a judge’s permission.4Michigan Legislature. Michigan Code 712A.2d – Juvenile to Be Tried as Adult
For offenses not on the specified list, the prosecutor can still request designation, but the court must hold a hearing and decide independently. The judge weighs nine factors, with the seriousness of the alleged offense and the juvenile’s prior delinquency record carrying the greatest weight. The remaining factors include the juvenile’s culpability, programming history, developmental maturity, emotional and mental health, and the impact on the victim. For juveniles who are members of a federally recognized tribe, the court must also consider culturally honoring the traditional values of the juvenile’s tribe.4Michigan Legislature. Michigan Code 712A.2d – Juvenile to Be Tried as Adult
Blended Sentencing After Designation
When a juvenile is convicted through a designated proceeding, the court has a choice that exists nowhere else in the system. The judge can impose any standard juvenile disposition, or if the public interest requires it, any sentence that could be given to an adult convicted of the same offense.5Michigan Legislature. Michigan Code 712A.18 – Orders of Disposition
In practice, this often works as a blended approach. The juvenile receives a juvenile disposition first, with an adult sentence held in reserve. Complete the programming successfully, and the adult sentence may never be imposed. Fail to comply, and the court can activate it. The structure gives judges leverage to keep juveniles engaged in rehabilitation while retaining the ability to impose serious consequences for the most dangerous offenders.
What Juvenile Court Handling Looks Like
For cases that stay in the juvenile system, the family court has broad flexibility. Judges are not locked into a fixed sentencing grid the way adult courts often are. Instead, the court tailors the outcome to the offense, the juvenile’s history, and the prospect of rehabilitation. The court must also order a risk and needs assessment to guide programming decisions.
Available dispositions include:
- Probation and community service, often paired with conditions like curfews, school attendance, or counseling.
- Placement in a private licensed facility approved by the state’s child welfare licensing division, matched to the juvenile’s age, sex, and needs.5Michigan Legislature. Michigan Code 712A.18 – Orders of Disposition
- Commitment to a public institution or a county-operated facility. If the juvenile is not already a ward of the court, the commitment goes through the Department of Health and Human Services or, in certain counties, the county juvenile agency.5Michigan Legislature. Michigan Code 712A.18 – Orders of Disposition
- Secure detention of up to seven days for violating a court order. The order cannot be renewed or extended, and the court must find no less restrictive alternative is available.5Michigan Legislature. Michigan Code 712A.18 – Orders of Disposition
Restitution to victims can also be ordered as a condition of disposition.
The Consent Calendar
For less serious offenses, Michigan offers a diversion track called the consent calendar. It keeps the case informal and avoids a formal adjudication on the juvenile’s record. Placement on the consent calendar requires agreement from the juvenile, the parent or guardian, and the prosecutor. The court must also consider risk screening and mental health screening results before approving the diversion.6Michigan Legislature. Michigan Code 712A.2f – Jurisdiction Over Juvenile; Placement of Case on Consent Calendar
Once a case is on the calendar, the court holds an informal conference with the juvenile, their attorney if any, and the parent or guardian. If the court finds the juvenile engaged in conduct that would warrant jurisdiction, it issues a written case plan. The plan can include restitution but cannot remove the juvenile from parental custody and cannot include fees for the consent calendar services themselves.6Michigan Legislature. Michigan Code 712A.2f – Jurisdiction Over Juvenile; Placement of Case on Consent Calendar Successful completion closes the case without a formal adjudication.
How Counties Are Paid for the Added Caseload
Funding was central to making the reform workable. The state committed to reimbursing counties 100 percent of the cost of juvenile justice services for youth who are 17 at the time of the offense but under 18. If a young person already had an open probation case that started before turning 17, that existing case stays at the previous 50 percent reimbursement rate. Any new charges filed on or after the 17th birthday qualify for full state funding.7State of Michigan. Raise the Age – Implementation, To-Do List, and FAQs Full reimbursement was the mechanism that got counties on board with absorbing the additional cases.
The HYTA Age Window Also Shifted
Michigan’s Holmes Youthful Trainee Act (HYTA) sits alongside the juvenile system and covers young adults in criminal court who plead guilty. It is worth understanding here because the Raise the Age package moved its eligibility window at the same time. Before the change, HYTA covered offenses committed from age 17 to 24. Since October 1, 2021, HYTA covers individuals who committed an offense on or after their 18th birthday but before their 26th birthday. For offenses committed between age 21 and 26, the prosecutor must also consent to HYTA status.8Michigan Legislature. Michigan Code 762.11 – Youthful Trainee Status The span is the same; the lower end now aligns with the juvenile court threshold.
The core benefit is that the court assigns the person to “youthful trainee” status without entering a judgment of conviction. Complete the conditions the court sets, and no public conviction ever appears on the record. HYTA is not available for every offense, however. It excludes:
- Felonies punishable by life imprisonment
- Major controlled substance offenses
- Traffic offenses
- Most criminal sexual conduct charges
- Cases where the individual has a prior conviction or adjudication for a registrable sex offense8Michigan Legislature. Michigan Code 762.11 – Youthful Trainee Status
Consequences the Age Classification Still Affects
Even after Raise the Age, whether a case stays juvenile or moves to adult court carries consequences beyond the sentence itself.
Sex Offender Registration
Juvenile adjudications can still trigger registration under the Sex Offenders Registration Act (SORA). When the family court enters a disposition or conviction for a SORA-listed offense, the court, the Department of Health and Human Services, or the county juvenile agency must register the juvenile or accept the registration.5Michigan Legislature. Michigan Code 712A.18 – Orders of Disposition Registration applies whether the case was handled as a standard delinquency proceeding, a designated proceeding, or a waiver case. Registrable offenses are organized into three tiers, each with different duration and reporting requirements.
Immigration Status
For non-citizen youth, whether a case stays in juvenile court or moves to adult court can be life-altering. Under federal immigration law, a guilty verdict or adjudication in juvenile court generally does not count as a “conviction” for immigration purposes, so a standard juvenile adjudication typically will not trigger deportation or bar naturalization. The exception matters: if a person under 18 is charged as an adult and convicted, that conviction does count.9USCIS. USCIS Policy Manual Volume 12 Part F Chapter 2 – Adjudicative Factors In Michigan, that means a waiver under MCL 712A.4 or a conviction through designated proceedings under MCL 712A.2d could expose a non-citizen juvenile to removal proceedings.
Some non-citizen youth in the juvenile system may also qualify for Special Immigrant Juvenile Status, a federal classification for individuals under 21 who have a juvenile court order finding that they cannot be reunified with one or both parents due to abuse, abandonment, or neglect, and that returning to their home country is not in their best interest.10U.S. Citizenship and Immigration Services. Special Immigrant Juveniles A qualifying court order must be in place both when the petition is filed and when USCIS decides it.
Setting Aside a Juvenile Adjudication
Michigan allows individuals to petition to set aside (expunge) a juvenile adjudication, but the application cannot be filed until at least one year after the court’s jurisdiction over the juvenile has ended. Two categories can never be set aside: offenses that would carry a maximum penalty of life imprisonment if committed by an adult, and convictions entered through designated proceedings under MCL 712A.2d.11Michigan Legislature. Michigan Code 712A.18e – Setting Aside Adjudication
A valid application must be signed under oath and include a certified copy of the adjudication record, a statement that the person has no other juvenile adjudications beyond those being set aside, and a statement that they have no felony convictions.11Michigan Legislature. Michigan Code 712A.18e – Setting Aside Adjudication The statute describes set-aside as “a privilege and conditional, and is not a right,” so the court retains discretion to deny even a technically qualifying petition. Certain adjudications, including larceny from a retail store and prostitution-related offenses, must be set aside if the applicant qualifies.
Taken together, Raise the Age changed the starting classification for 17-year-olds but left intact the mechanisms that determine where a case actually ends up. For families and young people navigating a delinquency petition, the pivotal question is no longer just “juvenile or adult” by birth date. It is whether the prosecutor will pursue waiver or designation, and what disposition the family court will impose if the case stays where it began.