The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance. Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:
1) The Defendant must plead guilty, according to MCL 762.11(1). A Defendant who is convicted at trial is ineligible for HYTA status. The statute also does not provide for HYTA status for Defendants that plead no contest;
2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a). This applies to persons that have a prior sex offense as an adult or juvenile.