In late 2024, the Michigan Legislature passed a set of bills establishing a new sentencing commission. 2024 PA 273, creating MCL 769.34a, and 2024 PA 274, creating MCL 769.34b. The Commission will review state and local sentencing and release policies, and it will make recommendations for modifications to the sentencing guidelines. See MCL 769.34b. The Commission may also recommend modifications of other sentencing laws, although it may not recommend behavioral or programming credits or retroactive change to existing sentences.

As of the date of this writing (December 15, 2025), commission members have not been appointed with the exception of the chairperson, the Hon. Christopher P. Yates. Judge Yates sits on the Court of Appeals, appointed by Governor Whitmer in 2022. He brings with him a wealth of experience including as circuit court judge (Kent County, 2008 to 2022), chief federal defender (Western District of Michigan, 1998 to 2004), and as a federal prosecutor (Eastern District of Michigan) and attorney-advisor, Office of Legal Counsel, Department of Justice (1990 to 1997).

Commission members are likely to be appointed soon, and the Commission will begin meeting in early 2026. This makes for an excellent time to ask: Are there problematic areas of the sentencing guidelines or related sentencing laws that need to be changed?

• Are there recommended ranges that do not fit a particular crime, regardless of the aggravating circumstances or prior criminal record of the offender?
• Should mitigating circumstances be incorporated into the sentencing guidelines and if yes, which ones?
• Are there offense variables that need to be revised or rewritten?
• Is there a way to capture the prior criminal record without duplication?

I cannot speak to what the Commission will tackle or who will sit on it, but defense attorneys are free to forward their ideas to me to be shared with the defense representative on the Commission when that person is appointed. The coming year makes for a good time to think about reform and what we would like to see changed about Michigan sentencing law.

Anne Yantus is a sentencing consultant working with attorneys to promote more favorable sentencing outcomes. Anne credits her knowledge of Michigan sentencing law to the many years she spent handling plea and sentencing appeals with the State Appellate Defender Office. Following her time with SADO, Anne taught a criminal sentencing course at the University of Detroit Mercy School of Law and subsequently continued to write and speak on felony sentencing law while serving as pro bono counsel with Bodman PLC. Anne welcomes your Michigan felony sentencing questions and is happy to arrange a consultation where appropriate. Due to the volume of inquiries, Anne is not able to respond to pro bono requests for assistance or analysis of individual fact situations.

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