Two individuals in Houghton County will serve suspended jail sentences due to Michigan’s intermediate sanction and 18-month rule for first-time felony convictions. Both individuals appeared in Houghton County 12th Circuit Court for sentencing on their first felony convictions.
Houghton County Prosecutor Dan Helmer shared his concerns about the 18-month rule during Monday’s sentencing hearings. Helmer expressed concern that the state’s law on first-time felony convictions ties the courts’ hands and can harm community safety.
“He now stands before the court with his first felony conviction. And that’s a 10-year high severity felony,” Helmer said. “And while I did just agree momentarily that the appropriately scored guidelines are zero to 11 months, I want to point out yet again that in the infinite wisdom of our state legislators, a zero to 11-month sentencing guideline forces upon this court a presumption of no initial incarceration.”
For a judge to sentence a first-time felony to more than zero months, the judge must state on record what factors led to such a decision. The 18-month rule requires courts to use intermediate sanctions, such as probation, in sentencing decisions. The rule has been in effect across Michigan since 1999. Learn more about Michigan sentencing guidelines here.
