In Michigan, a person sentenced to prison for a felony conviction may attend boot camp, known as special alternatives to incarceration. Not everyone is eligible for boot camp, however. A person is ineligible for any of the following reasons;
- There is a habitual offender notice and the notice has not or will not be dismissed.
- Defendant previously served a prison sentence.
- Defendant previously completed boot camp. That is unless the defendant did not complete boot camp for either a physical or mental reason.
- The minimum term of defendant’s sentence is greater than 3 years (or greater than 2 years for home invasion or attempted home invasion). For boot camp with probation, the sentencing guidelines must be at least 12 months for the top number of the minimum (or defendant is being sentenced on a probation violation).
- Defendant is physically unable to participate in the program.
- The defendant has a mental disability that prevents participation.
- The judge prohibits participation in boot camp.
- The defendant has pending charges or a pending felony or immigration detainer. The defendant may be eligible once the charges or detainer are resolved.
- The defendant does not agree to placement in boot camp.
- The defendant is convicted of a disqualifying offense. Read the Full List of Offenses Here. Most of the disqualifying offenses are for assaultive crimes.
- The defendant was convicted of a drug crime under MCL 333.7401 or 333.7402 and was previously convicted of a drug crime under that section. Defendant is ineligible until he has served the mandatory minimum of that term.
- Defendant has prior or current conviction involving assaultive sexual behavior. MDOC does not count prior juvenile adjudications.
- Defendant is serving a felony-firearm sentence. The defendant is ineligible during the felony-firearm sentence, also ineligible if total minimum term exceeds 36 months including felony-firearm sentence.
Call ArborYpsi Law
Sam Bernstein is an Ann Arbor Criminal Defense Attorney.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
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