Legislative Analysis
Phone: (517) 373-8080
JUVENILE LIFE WITHOUT PAROLE
http://www.house.mi.gov/hfa
House Bill 4160 as introduced Analysis available at
Sponsor: Rep. Stephanie A. Young http://www.legislature.mi.gov
House Bill 4161 as introduced
Sponsor: Rep. Jimmie Wilson, Jr.
House Bill 4162 as introduced
Sponsor: Rep. Amos O’Neal
House Bill 4163 as introduced House Bill 4164 as introduced
Sponsor: Rep. Kara Hope Sponsor: Rep. Curt S. VanderWall
Committee: Criminal Justice
Revised 8-15-23
SUMMARY:
Taken together, House Bills 4160 to 4164 would amend different laws to prohibit sentencing
an individual who committed certain crimes when less than 19 years old to life without parole
and require an individual who was sentenced for a crime committed when the individual was
less than 19 to be eligible for parole consideration after serving 10 years of a sentence for life
without parole or, for certain crimes, life for any term of years. Provisions in the juvenile code
allowing juveniles who commit certain crimes to be sentenced to life imprisonment without
parole, or to serve long minimum and maximum sentences for those crimes, would be repealed.
Currently, a juvenile who committed certain serious crimes when less than 18 years old that
mandate life without parole for an adult offender may still be sentenced to life without the
possibility of parole, but such a sentence cannot be automatic and may only be imposed after
a hearing in which certain factors are considered. If life without parole is not imposed, the
individual must be sentenced to a term of imprisonment for which the minimum term is at least
25 but not more than 40 years and the maximum term is at least 60 years.
House Bill 4160 would amend the Corrections Code to provide that, notwithstanding any
provision in the act to the contrary, an individual who was less than 19 years of age at the time
the individual committed a crime for which the sentence was life without parole or a term of
years for certain crimes is subject to the jurisdiction of the parole board after serving 10 years
of the sentence and may be released on parole by the parole board.
In determining whether to release an individual on parole, the parole board would be required
to consider all of the following factors:
• The individual’s age and immaturity at the time of the offense.
• The individual’s family and home environment at the time of the offense.
• The circumstances surrounding the offense, including the role the individual had in the
commission of the offense and the influence of peer pressure.
House Fiscal Agency Page 1 of 5
 The bill’s provisions would apply to those crimes described in House Bill 4162 if committed
by an individual who was less than 19 years of age at the time the offense was committed.
In addition, the parole board is required to provide notice to the prosecuting attorney of the
county in which the prisoner was convicted before granting parole to prisoners convicted of
certain controlled substance offenses. The bill would require the parole board to similarly
provide notice to the prosecuting attorney before granting a parole to individuals subject to the
bill’s provisions.
MCL 791.234
House Bill 4161 would amend a section of the Public Health Code that establishes criminal
penalties for knowingly adulterating, misbranding, removing, or substituting a drug or
medicine so as to render the drug or medicine injurious to a person’s health or selling or
manufacturing for sale such a drug. Currently, the penalty for an individual who violates the
prohibition with the intent to kill or to cause serious impairment of a body function of two or
more individuals, if the violation results in death, is life without parole, or life without parole
and a fine of up to $40,000.
The bill would retain the prohibition and penalty for adults at least 19 years of age, but it would
make an exception for an individual who committed a violation when less than 19 years of age
at the time of the violation. The penalty for that individual would be imprisonment for not less
than 10 years and not more than 60 years and a fine of up to $40,000.
MCL 333.17764
House Bill 4162 would amend the Michigan Penal Code to revise the penalties for certain
crimes involving the death of another person if the offense was committed by an individual
less than 19 years old at the time. The bill also would provide that, notwithstanding any
provision in the act to the contrary, an individual who was less than 19 years of age at the time
of committing a crime could not be sentenced to imprisonment for life without parole eligibility
for that crime.
The offenses listed below currently carry a penalty of life without parole, with some of the
violations requiring a fine of up to $40,000 to be imposed, while others make the fine
permissive. There is no criminal fine for first degree murder. Under the bill, if the individual
was less than 19 years of age at the time the offense was committed, the penalty would be
punishable by imprisonment for not less than 10 years and not more than 60 years. As currently,
a fine of up to $40,000 would be required by some of the offenses and permissible for others.
Adulterating, misbranding, removing, or substituting a drug or device, or selling or
manufacturing for sale an adulterated or misbranded drug, with intent to kill or cause
serious impairment of two or more people, resulting in the death of another person.
Knowingly or recklessly mixing a drug or medicine with an ingredient, or selling or
manufacturing for sale such a drug, with intent to kill or cause serious impairment of
two or more people, resulting in the death of another person.
House Fiscal Agency HBs 4160 to 4164 as introduced Page 2 of 5
 Manufacturing, delivering, possessing, using, or releasing a harmful biological or
chemical substance or device, a harmful radioactive material or device, or a harmful
electronic or electromagnetic device, resulting in the death of another person.
Sending or delivering explosives with the intent to frighten, injure, or kill a person or
to damage or destroy property without permission, causing the death of another person.
Placing an explosive substance in or near real or personal property with the intent to
frighten, injure, or kill a person or to damage or destroy property without permission,
causing the death of another person.
Placing an offensive or injurious substance or compound in or near real or personal
property with the intent to injure, coerce, or interfere with a person or their property or
business, causing the death of another person.
Carrying or possessing an explosive or combustible substance, a compound or
substance that when combined with another substance will become explosive or
combustible, or an article containing such a substance or compound with the intent to
frighten, injure, or kill a person or to damage or destroy property without permission,
causing the death of another person.
Manufacturing, buying, selling, or possessing a Molotov cocktail or similar device or
any device that is designed to or will explode upon impact or if heated with a flame,
with the intent to frighten, intimidate, injure, or kill any person, causing the death of
another person.
First degree murder.
Willfully mingling a poison or harmful substance with a food, drink, nonprescription
medicine, or pharmaceutical product or placing such a substance in a spring, well,
reservoir, or public water supply, causing the death of another person.
Terrorism, if death was caused by the terrorist act.
MCL 750.16 et seq.
House Bill 4163 would amend Chapter IX (Judgment and Sentence) of the Code of Criminal
Procedure. Chapter IX requires that a court sentence a juvenile convicted of certain crimes in
the same manner as an adult. 1 As used in this provision, juvenile refers to a juvenile who is at
least 14 years old but less than 18 years old who is charged with committing a specified juvenile
violation, a list of more serious offenses that include the crimes for which a juvenile is required
to be sentenced as an adult and also includes the crimes of bank robbery and assault with intent
to rob being armed.
1
The crimes listed are: first degree arson, assault with intent to commit murder; assault with intent to maim; first and
second degree murder, attempted murder, conspiracy to commit murder, solicitation to commit murder, kidnapping,
first degree criminal sexual conduct, armed robbery, and carjacking.
House Fiscal Agency HBs 4160 to 4164 as introduced Page 3 of 5
 Under the bill, the court would be prohibited from sentencing an individual who was less than
19 years of age when the crime was committed to imprisonment for life without parole
eligibility.
The bill would amend other provisions to comport with the prohibition and make changes of
an editorial nature that would not result in a substantive change to current law.
The bill also would repeal sections 25 and 25a of Chapter IX. Section 25 establishes sentencing
procedures for an individual who was under 18 at the time the individual committed a violation
that otherwise is punishable by a mandatory sentence of life in prison without possibility of
parole. Section 25a provides that the procedures established under section 25 do not apply to
any case that was final for purposes of appeal on or before June 24, 2012.
MCL 769.1 and 769.1b (amended) and MCL 769.25 and 769.25a (repealed)
House Bill 4164 would amend Chapter XIIA of the Probate Code. (Chapter XIIA is known as
the juvenile code.) Currently, if the court entered a judgment of conviction for a juvenile in a
case in which the juvenile was tried in the same manner as an adult, the court may enter any
disposition listed in section 18 appropriate for the welfare of the juvenile and society in view
of the facts in the case. (Dispositions range from a warning to probation, placement in a foster
care home, or detention in a private or public institution.) The court may also determine that
the best interests of the public would be served by imposing any sentence upon the juvenile
that could be imposed upon an adult convicted of the same offense.
The bill would provide that such a sentence would have to be other than imprisonment for life
without parole eligibility.
MCL 712A.18
Each bill would take effect 90 days after being enacted. None of the bills could take effect
unless all five were enacted into law.
FISCAL IMPACT:
House Bills 4160 to 4164 would codify recent changes in the way individuals that committed
offenses when they were under the age of 19 are sentenced. Changes in sentencing are required
because of the U.S. Supreme Court ruling in Montgomery v Louisiana, 577 US 190 (2016), 2
and, more recently, because of rulings in three Michigan State Supreme Court cases: People v
Parks, ___ Mich ___ (2022) (Docket No. 162086); 3 People v Poole, ___ Mich ___ (2022)
(Docket No. 161529); 4 and People v Stovall, ___ Mich ___ (2022) (Docket No. 162425).5
Resentencing hearings are required for individuals serving life sentences for offenses they
committed when they were younger than 19 years of age. These hearings will have a direct
2
https://casetext.com/case/montgomery-v-louisiana-3
3
https://www.courts.michigan.gov/49f21b/siteassets/case-documents/uploads/opinions/final/sct/162086_90_01.pdf
4
https://www.courts.michigan.gov/4a2112/siteassets/case-documents/briefs/msc/2021-2022/161529/161529-2022-
07-28-or.pdf
5
https://www.courts.michigan.gov/4a21cc/siteassets/case-documents/opinions-orders/msc-term-opinions-
(manually-curated)/21-22/stovall-op.pdf
House Fiscal Agency HBs 4160 to 4164 as introduced Page 4 of 5
 fiscal impact on the state and on local court systems. Initially, there will be costs to the state
and to local court systems because there are 351 inmates eligible for resentencing hearings
under recent Michigan State Supreme Court rulings. These hearings are typically held over
multiple days and require significant evidence and numerous experts. The State Appellate
Defender Office (SADO) was appropriated $2.5 million and 18.0 FTE positions in the FY
2023-24 budget to continue resentencing hearings under the U.S. Supreme Court ruling
($958,100 and 7.0 FTEs) and to begin resentencing hearings under the Michigan State Supreme
Court cases ($1.6 million and 11.0 FTEs). It is estimated that $1.6 million will cover costs of
roughly half of the resentencing hearing required under state Supreme Court rulings.
As cases are reheard, most sentences are reduced and there is less time spent in state
correctional facilities, which results in a savings to the state. According to SADO, from the
resentencing hearings that have already occurred under the U.S. Supreme Court ruling, the
cumulative total of reduced sentences is estimated at 1,900 years, saving roughly $70.0 million.
Under the bills, being eligible for parole after serving 10 years of the sentence also would result
in a savings to the state. In fiscal year 2022, the average cost of prison incarceration in a state
facility was roughly $47,900 per inmate, a figure that includes various fixed administrative and
operational costs. Those costs are financed with state general fund/general purpose revenue.
Legislative Analyst: Susan Stutzky
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 4160 to 4164 as introduced Page 5 of 5


Statutes affected:
House Introduced Bill: 791.234