Prior Record Variable 6 (PRV 6) assesses points based on the defendant's relationship to the criminal justice system at the time the sentencing offense was committed. MCL 777.56 governs scoring. Unlike most other PRVs, PRV 6 does not count past convictions or adjudications—it evaluates whether the defendant was under some form of criminal justice supervision or involvement when the sentencing offense occurred. The temporal anchor is the time of the offense, not the time of sentencing.
Scoring Table
| Points | Scoring Provision |
|---|---|
| 20 | The offender was a prisoner of the Department of Corrections or serving a sentence in jail (including an escapee). MCL 777.56(1)(a). |
| 15 | The offender was incarcerated in jail awaiting adjudication or sentencing on a conviction or probation violation. MCL 777.56(1)(b). |
| 10 | The offender was on parole, probation, or delayed sentence status or on bond awaiting adjudication or sentencing for a felony. MCL 777.56(1)(c). |
| 5 | The offender was on probation or delayed sentence status or on bond awaiting adjudication or sentencing for a misdemeanor. MCL 777.56(1)(d). |
| 0 | The offender had no relationship to the criminal justice system. MCL 777.56(1)(e). |
| MCL 777.56(2): The appropriate point value must be assessed against an offender who is involved with the criminal justice system in another state or the United States. MCL 777.56(3)(a): "Delayed sentence status" includes assignments/deferrals under MCL 333.7411; MCL 600.1076(4); MCL 750.350a; MCL 750.430; MCL 762.11–762.15 (HYTA); and MCL 769.4a. | |
The Time-of-Offense Rule
The central principle governing PRV 6 is that the defendant's CJS relationship must be evaluated as it existed when the sentencing offense was committed—not when sentence is imposed. This means the court must determine the exact dates of any probation, parole, or bond status and compare them to the date of the offense. Errors in this analysis are a recurring source of resentencing.1
Controlling Case Law
Time-of-Offense Requirement: Erroneous Scoring at Time of Sentencing
The trial court erred in assessing 15 points for PRV 6 on the basis that the defendant was incarcerated at the time of sentencing awaiting adjudication of a probation violation. Points are to be assessed based on the offender's relationship to the criminal justice system at the time the sentencing offense was committed, not at the time of sentencing. Because the defendant was not incarcerated in jail awaiting adjudication or sentencing when the offense was committed, 15 points was improper.2
Probation for Felony (10 Points)
PRV 6 was correctly scored at 10 points where the defendant was on probation for a juvenile adjudication on a felony offense at the time of commission of the sentencing offense. Probation for a juvenile felony adjudication falls within the 10-point tier applicable to probation for a felony.3
Where the defendant had been placed on probation in 1982 and absconded, and a bench warrant for probation violation was still outstanding at the time of the current offense, the trial court erred in declining to score 10 points for PRV 6. The defendant had never been formally discharged from the 1982 probation, and therefore the probation remained legally in effect at the time of the current offense. An absconded probationer who has never been discharged remains "on probation" for purposes of PRV 6.4
The defendant was entitled to resentencing where he was erroneously assessed 10 points for PRV 6. The 10-point tier is authorized only if the defendant is on probation for a felony at the time of the current offense. The defendant was on probation for a misdemeanor domestic violence offense and should have only been assessed 5 points under the misdemeanor-probation tier. The distinction between felony and misdemeanor probation is dispositive to the applicable point value.5
Probation for Misdemeanor / Bond (5 Points)
It was proper to score PRV 6 at 5 points even though the defendant's bond on a charged misdemeanor had been forfeited before he committed the sentencing offense. Although the defendant was not technically "on bond" in the conventional sense at the time of the offense, the Court of Appeals held that the defendant could not be said to have "no relationship" to the criminal justice system. The court upheld 5 points, reasoning that the guidelines' scoring provisions are to be read consistently with the intent to capture meaningful CJS involvement at the time of the offense.6
Awaiting Adjudication (5 Points): Guilty Plea, Awaiting Sentencing
No error in scoring five points under PRV 6 where, at the time of the commission of the sentencing offense, the defendant had pled guilty to a juvenile charge and was awaiting adjudication and sentencing, even if he was not on bond at the time. Having entered a guilty plea to a pending charge, the defendant had a qualifying relationship to the criminal justice system under the 5-point tier at the time the sentencing offense was committed.7
Offense Straddles the Probation Period
When some evidence at trial indicated that the defendant began misappropriating the victim's wealth in March 2011 while still on probation, despite the PSIR reflecting a sentencing offense date of 2015 (after probation discharge), the trial court did not err in assessing five points under PRV 6. The court found it appropriate to assess points based on the actual evidence of when the offense began, even though the PSIR listed a later date as the offense date. Where the record supports a finding that the offense was committed while the defendant had a qualifying CJS relationship, the court may score PRV 6 accordingly.8
Interstate and Federal Supervision
MCL 777.56(2) expressly requires that the appropriate point value be assessed against an offender who is involved with the criminal justice system in another state or the federal system. A defendant on federal supervised release or on probation under the law of another state is scored under the same tiers as Michigan supervision, classified by the nature of the underlying offense (felony or misdemeanor).9
Delayed Sentence Status
MCL 777.56(3)(a) defines "delayed sentence status" to include assignments or deferrals under several specific statutes, including the Holmes Youthful Trainee Act (MCL 762.11 to MCL 762.15), MCL 333.7411 (controlled substance deferral), MCL 769.4a (domestic assault deferral), MCL 750.350a (parental kidnapping deferral), MCL 750.430 (healthcare professional deferral), and MCL 600.1076(4) (drug treatment court deferral). A defendant on delayed sentence status under any of these provisions has a qualifying CJS relationship for PRV 6 scoring.
Evidentiary Standard
PRV 6 scoring is determined by reference to the record under the preponderance of the evidence standard. People v Hardy, 494 Mich 430, 438 (2013); People v Osantowski, 481 Mich 103, 111 (2008). The trial court's factual determinations are reviewed for clear error; whether those facts satisfy the scoring conditions is reviewed de novo.
Endnotes
- People v Johnson, 293 Mich App 79, 85 (2011); MCL 777.56.
- People v Jones, unpublished per curiam opinion of the Court of Appeals, issued February 12, 2008 (Docket No. 275812).
- People v Anderson, 298 Mich App 178 (2012).
- People v Burley, unpublished per curiam opinion of the Court of Appeals, issued September 11, 2008 (Docket No. 247391).
- People v Rogue, unpublished per curiam opinion of the Court of Appeals, issued December 22, 2009 (Docket No. 286212).
- People v Johnson, 293 Mich App 79, 86, 88 (2011).
- People v Gibbs, 299 Mich App 473 (2013).
- People v Haynes, 338 Mich App 392 (2021).
- MCL 777.56(2).