Courts may impose longer prison terms for certain serious or repeat offenders

A court may impose a longer prison term after finding at least one listed ground. Listed grounds include persistent aggressive behavior that makes a person dangerous, income from crime, repeated felonies, a prior similar offense that seriously endangered someone’s life, or use of a firearm, dangerous weapon, or destructive device during the offense or flight. For a habitual-offender finding, the person must be an adult with at least two qualifying felony convictions from different times when the person was an adult. A conviction shown to be invalid or pardoned because of innocence must be disregarded for that finding. The court considers a longer term after a felony conviction and a finding on at least one listed ground.

A court must hold a hearing before imposing an extended sentence. The hearing follows a guilty plea or finding of guilt when prosecutors have given notice that they seek an extended sentence. For most dangerous-offender grounds, a jury or judge must find the ground beyond a reasonable doubt. For a habitual-offender finding, the judge decides whether it is more likely true than not. For the weapon-related ground, the trial jury or judge may make the finding during trial instead of at a later hearing. The hearing occurs after a guilty plea or finding of guilt and before sentencing.