1.2Misdemeanor Sentencing

Presumption against jail time. “There is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, with a fine, community service, or other nonjail or nonprobation sentence.” MCL 769.5(3).

“The court may depart from the presumption under [MCL 769.5(3)] if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.” MCL 769.5(4).

“[U]nder MCL 769.5(4), a court imposing a sentence for an ordinary misdemeanor conviction remains free to depart from the presumption in MCL 769.5(4) ‘if the court finds reasonable grounds for the departure and states on the record the grounds for the departure.’” People of the City of Auburn Hills v Mason, ___ Mich App ___, ___ (2024), quoting MCL 769.5(4). “When reviewing a sentence that constitutes a departure from the recommended minimum guidelines range, the key test is whether the sentence is proportionate to the seriousness of the matter, not whether it departs from or adheres to the guidelines’ recommended range.” Mason, ___ Mich App at ___ (cleaned up). “The pertinent question is not whether defendant’s sentence departed from the rebuttable presumption that a non-jail or non-probation sentence is a proportionate sentence for an ordinary misdemeanor.” Id. at ___. “Instead, the question is whether the sentence is proportionate to the seriousness of the circumstances surrounding the offense and the offender.” Id. at ___ (quotation marks and citation omitted). Here, “the [district] court did not adequately justify the imposed sentence,” because it “did not consider the circumstances of the offense and did not explain how its departure sentence was more proportionate than a different sentence would have been.” Id. at ___.

Court’s discretion. “Subject to MCL 769.5(3), if a statute provides that an offense is punishable by imprisonment and a fine, the court may impose imprisonment without the fine or the fine without imprisonment.” MCL 769.5(1). “Subject to MCL 769.5(3), if a statute provides that an offense is punishable by fine or imprisonment, the court may impose both the fine and imprisonment in its discretion.” MCL 769.5(2).

Commitment to county jail. “Notwithstanding any provision of law to the contrary, if a person convicted of a crime or contempt of court is committed or sentenced to imprisonment for a maximum of 1 year or less, the commitment or sentence shall be to the county jail of the county in which the person was convicted and not to a state penal institution.” MCL 769.28.¹ See also People v Weatherford, 193 Mich App 115, 117 (1992) (stating “Michigan courts consistently have interpreted [MCL 769.28] to require that crimes for which the punishment is one year or less be punished by imprisonment in the county jail and not in the state prison system,” and citing several cases). However, “prisoners who commit crimes while incarcerated as defined in the consecutive sentencing statute must serve any resulting consecutive sentence in the custody of the Department of Corrections, not the county jail, notwithstanding the provisions of MCL 769.28.” Weatherford, 193 Mich App at 119.