MI: Senate approves tightened restrictions in Sex Offender Registration Act
The Michigan Senate voted Wednesday to codify court-recommended changes in the state’s Sex Offender Registration Act.
The legislation now only needs Gov. Gretchen Whitmer’s signature to become law.
State lawmakers approved altering registration protocols for sex offenders during its Wednesday session, fulfilling a 4-year-old mandate from the U.S. Court of Appeals.
The federal court ruled in 2016 that it was unconstitutional to impose new restrictions on people convicted before the state’s Sex Offender Registration Act was updated. House Bill 5679, sponsored by Rep. James Lower, R-Greenville, addresses that problem and was approved in the Senate by a 21-17 vote.
[FAC COMMENT: Wanna bet this winds up back in court?]
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Jacob:
The legislation just signed into law in Michigan doesn’t affect any of the court cases. The 6th circuit already ruled that Michigan’s registry is punishment. This legislation doesn’t change that. This does not need to be relitigated.
Once Does becomes final, thousands will be removed from the registry. We just have to wait to see how this plays out.
So this just became law:
https://amp.detroitnews.com/amp/4084952001
Back to court I guess?
Yes, but that was forseeable
Donald Slaton:
It’s good to hear from you.
The Indiana Supreme Court in Wallace and Pollard ruled that Indiana SORA is punishment and removed several people from Indiana’s registry and it sounds like you are one of them. It’s not very cold in southern Indiana, i.e. Evansville or Corydon.
The Indiana Supreme Court has ruled that out of state offenders who are not required to register in Indiana must register if they have an obligation to register in another state. Registrants who have been removed from the registry in Indiana are safe as long as they remain in Indiana. Registrants who have been removed from the registry in Indiana who then are placed on another state’s registry must register if they return to Indiana.
However, the U.S. District Court for the Southern District of Indiana ruled that offenders previously removed from Indiana’s registry who moved to another state and registered cannot be forced to register if they return to Indiana, see Hope v IDOC, 2017. This case is on appeal to the 7th Circuit.
Contact a good attorney in Indiana. There is a good chance that you are not required to register if you return to Indiana. You should also see if you are covered by Does in Michigan. One way or the other, I think you will most likely be back off of the registry.
Cherokee Jack:
This isn’t the end of the registry in Michigan. When you think of the number of registrants that are effected, it’s quite large. I believe it is at least 10,000 of the 45,000 offenders and most likely well north of 20,000. The non-incarcerated registrants could shrink from 34,000 to perhaps 10,000 to 12,000 after the dust is settled which I suspect will be by 2023 or 2024 or 2026 at the latest.
You have to remember that the number of post-2012 registrants affected by these various cases is quite small. The registry will go north of 30,000 again within the next 20 to 30 years if it isn’t reigned in. This will be a fight for our grandchildren if we can’t get the concept of registration found unconstitutional.
Right, but SOME change is better than no change. Helping SOME is better than helping none. Baby steps. This law would affect me personally and has been a lot of work in the making. Now let’s just hope the governor does not veto! (Fingers crossed!)
ACLU calls on governor to veto:
https://www.mlive.com/politics/2020/12/aclu-calls-for-whitmer-veto-on-legislature-approved-changes-to-sex-offender-registration-act.html
(h/t: amberspeaksup on Twitter)
They are freaking out because the end of the registry would cause the loss of untold 1000’s of jobs, funding and made titles like “Commander of sex offender task force operations and enforcement”.
End of the Worlder’s are crying the “Sky is falling” and there will be offenders on the loose kidnapping children from schools, parks and playgrounds by the millions. Woe is me!
So every time we gain an inch, they try and take a mile from us.