Lawmakers Debate Changes To Sex Offender Registry Law

Lawmakers in Michigan are debating how to overhaul the state's sex offender registry after a federal appeals court ruled sections of the law are unconstitutional. Michigan Attorney General Dana Nessel is contending the proposed fixes don't repair the law's flaws.



A federal judge has freed the state's 44,000 convicted sex offenders from complying with registry reporting requirements because of the novel coronavirus outbreak and confusion about the current registry.


The U.S. Sixth Circuit Court of Appeals struck down in 2016 were a ban on convicted sex offenders from living, working or loitering within 1,000 feet of schools and a 2011 revision of the law that put sex offenders back on the registry permanently if they committed a felony after they had served their sentences and had been taken off the registry. 


The appeals court ruled that parts of the registry violated the 1st and 14th Amendments, and the constitutional protection against being punished retroactively.


Detroit U.S. District Judge Robert Cleland has given the Legislature a deadline to amend the law by no later than 14 days after the coronavirus state of emergency ends. The revised law would need to take effect within 60 days.


If the Republican-controlled Legislature fails to change the law with Democratic Gov. Gretchen Whitmer's approval, the current law would be considered invalid and sex offenders wouldn't have to deal with any reporting requirements. The GOP majority and Whitmer already have had trouble reaching deals on the budget, road repair funding and other controversial issues. 


The Michigan Sex Offenders Registration Act was passed in 1994 as a private database, available only to law enforcement. Offenders weren't originally required to regularly report. After initial registration, the only other obligation was to notify law enforcement within 10 days of changing addresses, and that notification did not have to be in person.


The act has since been amended nine times, allowing public access to the database and imposing stricter reporting requirements for offenders. A 2011 amendment carried the most rigorous requirements. 


The 2011 change subjects registrants to obligations, restraints, disabilities and punishment of a different character and different order of magnitude than the original sex offender statutes, said a lawsuit filed in 2012 by the American Civil Liberties Union and the University of Michigan's clinical law program. They filed a federal lawsuit on behalf of a sex offender, John Doe. 

Comments

Post a Comment

Popular posts from this blog

Accosting And Soliciting A Minor For Immoral Purposes

Michigan Penal Code 750.145a defines the crime and penalties of Accosting For Immoral Purposes . In the past, the accosting of a child has normally taken place in a park or at a school, where the defendant approaches the child and asks for an illegal sexual activity. Nowadays, child accosting tends to take place online. Sometimes, people believe that internet predators are more difficult to catch or that one is simply able to hide behind a computer screen. Not only are these false assumptions, but internet crimes bring serious and harsh penalties with them. If you are up against an internet crimes charge, and particularly one that involves a minor child, you are going to need an experienced and aggressive defense criminal defense attorney to fight for  you. Accosting, enticing or soliciting a child for immoral purpose is a Class F felony which will leave a convicted individual facing a maximum of four years in prison, fines of up to $4,000, or both if convicted. These penalties are for
Read more

What Do The Different Tiers Mean In Michigan SOR

Image
 The Adam Walsh Act, which was signed into law by President George W. Bush in 2006, set the standard for classifying sexual offenses across the country. Sexual offenses are classified according to: The crime committed The age of the people involved Whether the convicted sex offender is likely to re-offend While states were not required to follow the federal classification system, they were encouraged to do so. Like the federal law, the Michigan Sex Offender Registry divides sex offenders according to different categories, or tiers, based on the crime committed and how long they are required to remain on the Michigan sex offender list. What is a Tier 1 Sex Offender Tier I offenses are listed in MCL 28.722(s), and include all of the following offenses: Knowing possession of child sexually abusive material under MCL 750.145c Aggravated indecent exposure which is indecent exposure involving fondling under MCL 750.355a(2)(b) Unlawful imprisonment if the other person is a minor under MCL 750
Read more

Sexually Delinquent Person in Michigan

Delinquent Person in Michigan mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16. Individuals charged with certain sex offenses may also be charged with being a sexually delinquent person as well. This is not a separate offense, but instead an alternate sentencing provision or sentencing enhancement. A conviction as a sexually delinquent person is totally dependent upon conviction of the underlying crime. When an individual exposes his or her person and is already known to be sexually delinquent, he or she is guilty of indecent exposure by a sexually delinquent person. The penalties for a conviction are extremely severe, and may include life in prison. If you are being accused
Read more