Changes to sex offense registry cause confusion in Michigan
It has been nine months since court-ordered changes to Michigan’s sex offense registry were made, leaving confusion about enforcement.
Michigan State Police are under an Interim Order and Injunction issued by the U. S. District Court for the Eastern District of Michigan that prohibits the MSP from enforcing registration, verification, school zone and fee violations of the Sex Offenders Registration Act (SORA). Therefore, “if troopers come across an offender who hasn’t updated his home address, they won’t go for an arrest warrant“; yet, local law enforcement agencies are enforcing the law.
Miriam Aukerman, ACLU of Michigan senior staff attorney, said that because of the confusion, people on the registry could be going to prison for a long period of time if they get it wrong, making way for more challenges to the law.
Aukerman said the legislature has not addressed the real problem, which is Michigan’s bloated registry of 44,000 people who have no way to be removed from the registry and have Byzantine requirements that do not protect families.
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So i just got home after having an interesting conversation with a sergeant at the Oak Park State Police post. I had noticed some incorrect information on my name and went in to get it corrected, however, it couldn’t be done today because they only do SORA up to 3 pm, and it was 3:30. Anyway, he told me verification is still voluntary. I said I thought Judge Cleland’s final order ended all that and he said there was an executive order from the Governor making it still voluntary while Lansing makes some changes to the website. He also told me that if I’m pre 2011 I don’t have to worry about any mistakes on my info because, and I quote his words, “pretty soon guys who are pre 2011 won’t have to do it any more.”
He told me he will look for the memo from the governor and to stop by tomorrow before 3:00 and he would give me a copy.
Now, I don’t know what’s going on because there was nothing in Cleland’s final order that says pre 2011 are coming off the registry so I’m not going to get my hopes up. It is interesting though when I told him there’s certain things that pre 2011 guys don’t have to do any more, but he told me Lansing was working on getting us removed. I don’t think that is something he would make up, but I’m certainly going to keep my eye on things. It kind of makes sense how when I look myself up sometimes that I am not listed, then a few days later I am, then later I’m not again.
I don’t have any more information right now, but once I get a copy of that memo, I will post it.
To Disgusted in Michigan,
That’s good preliminary news to me. I can see the possibility because, as Judge Cleland had pointed out, the Michigan Legislature failed to write the new law with a specific statement that it would be retroactive. I report to my local Sheriff in October. I will certainly pass on what information I receive from there.
Gerald, please don’t take it as news. I’m just sharing an interesting conversation I had with the Sgt. I remain skeptical about it all, but it was very interesting, especially since I didn’t detect anything misleading in his tone. He seemed quite sincere about it and I’m a pretty good judge of character.
Time will tell.
Disgusted
It is not a matter if he was telling the truth, it is a matter if he has your back if he was wrong. Many cops will lie to their own Mother if it means saving their career or causes discipline in their files.
I went to my local sheriff to update my Michigan registry info on October first. Didn’t get any definitive instructions on what’s required under the court’s final ruling. I was told that they hope to have better information by my next report month, which is January. As always, registrants AND enforcement people are left mystified by the confusing law and what parts of it will be applied against any particular person. I’m sure that by the time they sort it out, new cases will hit the courts challenging the new law.
11/17/21, I finally got a letter from the Michigan State Police about the final decision. The short answer is that we DO have to follow the requirements of the new Michigan SORA law, unfortunately. You can read it here:
https://www.aclumich.org/sites/default/files/field_documents/english_notice_for_registrants.pdf
Also contains other informational links:
https://www.michigan.gov/documents/msp/SORA_Notification_720161_7.pdf
https://www.aclumich.org/sites/default/files/field_documents/does_betts_info_packet_9.13.2021_final.pdf
https://www.oliverlawgroup.com/michigans-sex-offender-registration-act/
Of course, the ACLU is planning to challenge the new SORA as well, but very little has changed for me. It’s nice that the school exclusion zones were eliminated, but I and others will continue to be treated like lepers by society.
Gerald
So from reading this, basically everyone still has to register just with some new rules. The court agrees with ex post facto prosecution but NOT the ex post facto application of the registry? UN-freakin-real.
The Michigan case was supposed to be the case of the century for us. But the justices folded and called our bluff. Seems all that was accomplished was for them to say, all your past sins on the registry are forgiven, lets start over fresh on a new registry that is really no better for our safety than before?
Yeah. 10 years of fighting in court and we don’t have to provide email addresses and our tier levels are no longer made public, yet I and others are still being retroactively punished by the 2011 amendments changing us from 25 years to life.
Whoopty freaking doo.
My mother is Ukrainian, and I have a lot of family over there. A permanent vacation is starting to sound really nice right now.
Disgusted
Isn’t funny we are supposedly the “United states”, and yet, Michigan is doing the right thing for retro activated citizens. But other states like Florida, where I live, They state we have to be on the registry even after we die (TRUE statement). God forbid we come back from the dead and commit another offense.
Also the courts in one district agrees it is punishment and another court tip toes around the subject by merely saying “The registry was not “Meant” to be punishment.” Well I am not sorry to tell you judge, come walk a month in our shoes and tell us it is not punishment. (Their reply would be something dismissive like “Our hands are tied”)
Cherokeejack, they would definitely agree then that it is punishment and would be trying everything to get themselves removed.
That’s straight up BS how Florida runs things. I hear that if you just come visit for a couple days, they put you on their registry. Remind me to never to visit Florida.
Words of a wise man cherokee I was thinking the same thing they would consider that a weapon and they would say it shows we are all violent
Indeed, an officer could consider that an assault, and pull his gun to defend himself. Maybe the comment was meant as a joke.
You are right Cherokee. But also the fact that sometimes a good cop may take action that others see as wrong weather it be the public or the department . with today’s atmosphere it only takes one bad cop to give the entire department a bad rep. Look at LAPD years ago they had one of the worst reputations. But I had several officers help me and my co-driver in a situation where our semi matched the one that was involved in a crime ( no it was not us that was involved lol). My co driver was black I’m white only one of the cops was being an ass but the others who showed up told him to back off. I looked at it as they were decent officers however my co driver was like NO they are all trash didn’t you hear how the one cop was acting ? He couldn’t see past that bad apple to see the other three that were good
MY MOTTO IS DURING COMPLIANCE CHECKS IS TO..
HAVE A SPRAY BOTTLE OF DILUTED GHOST PEPPER CONCENTRATE ON HAND…
BY LAW YOU CAN SPRAY IT IN THE AIR, IN YOUR SCREEN WINDOW TO ‘AVOID THE FLIES’…
THE FLIES ARE THE LEO’S…AND THEY WILL FLEE, QUICKLY…IT IS LEGAL!
IT IS YOUR LEGAL DEODORANT!
‘TRY ME, MEH SON’
Yeah not sure about the legal advice presented here.
Truth
I usually enjoy and respect what you write. However doing what you stated, to me sounds a lot like a battery on law enforcement charge.
Don’t want any of us to get another charge. We need all of us to overcome our oppression, but by putting a black eye on our cause.
Just my two cents worth. Advice is free, making bail is not.
I also just realized all it takes to go from Ex cop to Ex con is changing one letter.
Thank you for the confirmation cherokee that’s what I thought as I said in my other post I understand them using them backing out since it is a busy road and its a legitimate safety precaution . I have known a lot of officers many of them have been good men a few that were not.I have some who still consider me a friend even after my incident so I agree 100% with you just like in any profession there are good and bad I judge on the individuals actions not the uniform or job they choose
I have a question for you cherokee when you were in law enforcement what was the protocol or authorized uses for you to use your overheads ?
Tim
During a pursuit.
While performing a traffic stop
While pulled over to assist a stranded driver
while at an accident
During a parade
While blocking off a closed road or other construction
There are a few more but will end with this one below….
And the best one, when you have to go #2 really bad and need to run all the lights (I won’t admit to doing that but…………LOL)
Putting them on at a registered persons house for no other reason than to draw attention to the home owner is a real DI CK move.