MI: ACLU pushes for removal of sex offender registry

[abc57.com – 4/25/19]

Could the sex offender registry soon be a thing of the past? The American Civil Liberties Union wants to possibly get rid of it, saying the registry doesn’t work. Right now, there are two cases out of Michigan, including a class action lawsuit, claiming several parts of the registry are unconstitutional.

“In August 2016, the federal court of appeals held that Michigan’s registry is unconstitutional.” Attorney for the ACLU in Michigan, Miriam Aukerman, said.

Aukerman represents hundreds of convicted sex offenders fighting the public registry and some of the sex offender restrictions imposed by the state. That suit is in response to the state of Michigan not coming into compliance with the Court of Appeals decision.

“Basically what the court of appeals said is that the registry is so ineffective, so broken, that it violates the constitution. What we know, through research, is that registries don’t work. They don’t keep people safe.”

The Michigan registry was initially created in 1994 as a database for law enforcement. Since then, there have been major changes. In 1999, the registry was posted on the internet. In 2004, pictures were added. In 2006, living and working restrictions were imposed, keeping offenders at least 100 feet from schools. In 2011, a tier system was implemented, which determines how long an offender is on the list, retroactively extending registration for some offenders, for life, in some cases. In 2013, the state imposed an annual fee for people on the registry.

People who were convicted prior to registry amendments were impacted by each change. The court determined the state couldn’t retroactively punish offenders. And, found some blanket restrictions, like prohibiting people to live within 1000 feet of a school, are unconstitutional if there isn’t an individual threat assessment of the offender to show the restrictions are necessary.

“The problem is the legislature hasn’t come into compliance with that court decision.” Aukerman said.

Aukerman believes the best solution is an overhaul of the system and a dismantling of the public database.

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The foundation crumbles….

Wow. Glad to see ACLU-MI taking it to the press and casting light on what’s going on. It would seem they’ve tired of waiting for the legislature and, tacit support of the Governor through the explicit support of the AG, are going all-in. Great to see, and hopefully it cracks open things around the country! I look forward one day to there being a “Does v. MI” SCOTUS case law smacking down registries as punitive.

I have to say that the quote from the Cass County prosecutor seems pretty stupid and lets out the lie:
*****
Fitz says he agrees that some people on the registry may not deserve to be there and thinks it’s reasonable for the courts to look at individual assessments. But, overall, he believes the database is key to public safety.

“This is throwing the baby out with the bathwater 100 times over in my opinion.” Fitz said.

And, without the registry, he believes prison sentences for sex offenders could be drastically extended.

“The courts know the registry protects people in the community. If you take that away, judges may look at it with a very different light. So, be careful what you ask for.” He said.
*****
Oh, so you’re saying judges are using the registry as a back-handed punishment? And how exactly is a threat of longer prison terms with NO REGISTRY afterwards a bad thing? It would simply make RCs like every other person who has ever committed a crime….and then was allowed back into society without a Scarlet Letter. Oh and I absolutely dispute the “courts know the registry protects” anyone. The courts know the registry is de facto punishment and thus may go a little softer on the official punishment.

Is is just me, or are these words “removal of sex offender registry” the most amazing thing ever in a headline??? One day! One day!

This is a joke, yeah it is great that the ACLU is finally starting to almost step up but to claim,
“ACLU PUSHES FOR REMOVAL OF SEX OFFENDER REGISTRY” is just straight BS ABC pr stunt. No the ACLU and all the civil rights orgs should have been pushing the issue of at minimum individual risk assessments but really should have been advocating decades ago for complete and udder elimination of registering people like animals or property. BS man, F the ACLU and their PR BS. I say great that they may start to get involved but they have a mountain to climb before they would ever get to call themselves a civil rights org again in my books.

We all want change, and we all want it” yesterday”.
But today I’m happy to hear the ACLU is stepping up. It may not be the big leap forward that we want, but it’s a step in the right direction.

Hello Everyone,

Well in light of this new article I wrote to Ms. Aukerman yesterday, and asked her a few questions such what happens if the state of Michigan does or doesn’t reply in the next few days, to the lawsuit.
and this was her reply back: They have a brief due in response to our motion.  We are hopeful that we can agree on an order applying Does I to everyone, and giving the legislature a set amount of time to fix the law.  I don’t think there is any chance the registry will just go away.

This was my response back to her: I know the registry won’t go away, because Michigan extorts to much money from people who are on the registry
  Just as long as people like me and many others who are pre-sorna are finally removed from the registry is all that really matters, do you think this will finally come to an end by the end of the year or hopefully sooner.

and her last response back to me was, I hope it will be by the end of the year.

Just thought you all would like to know what she told me today.

Now, if only they did that in other states as well, then I could actually get behind them!

Why can’t we just petition to put it on a ballot to see what the people of Michigan want, especially when the real studies are put out there.

This is great news, of course. And about time to happen like this across the country. It can’t sustain itself with a foundation built on “sinking sand” (lies, falsities). We’re in a very different climate than that from the 90s. The registry is so yesterday. It is time for this outdated, foundation-less hoax to disappear.

I just did the math. There are 44,000 people on the Michigan Sex Offender Registry. If everyone pays the annual $50 required registry fee, that comes to 2.2 million dollars. Unbelievable!!!!!! This ridiculous registration needs to go.

As has been said by people much wiser than I: “The Arc of the Moral Universe Is Long, But It Bends Toward Justice.” Most attribute it to MLK, but there are numerous cases of it being said many times and years earlier than his utterance (https://quoteinvestigator.com/2012/11/15/arc-of-universe/). Though it may seem as though we’re not going anywhere, I feel that arc bending our way.

@Anyone who is interested, I just heard back from Tim from Michigan’s ACLU just minutes ago, even though emailed him a week ago, as you know I already posted Ms Aukerman’s response to my questions.

He is Tim’s response to those same questions,
Bobby I understand that you are trying to keep up with the latest news.  However with over 40,000 people on the SOR in Michigan and many of them contacting us it is hard to keep each one up-to-date on what we are doing.  Yes we are still working on it. No I do know when this will be finalized. I too hope it will be soon. As for a week to respond yes the court has told the State the court wants some questions answered and the State says they will have those answers this coming Friday.  It does not imply that they will have a final position for the court it just is some issues the court asked to have answers on.  Please follow your local news for updates.  You will also be notified by the MSP in writing when changes are made that will affect your SOR requirements.

Respectfully Tim P ACLU of Michigan SOR Specialist 

So between Ms Aukerman’s answers and Tim’s answer’s what do you all think about all this ? Thanks in advance for anyone’s input.

Hello everyone,

Question does anyone know if the State of Michigan filed that brief, that was suppose to be due today? and if so were can I fined it to see what they have to say, or if they are still try to stall the whole situation.

Thanks

Lets keep our hope up for a ruling on An opinion in Gundy v. U.S. is expected by June 2019. is what I read. This could send a shock wave across the country, We can only pray for a Constitutional outcome !

Hello everyone,

Well I got an email from Tim P. today from the Michigan ACLU, and it sounds like this might be good news, but who knows, I hope this is good news, and this will finally be over soon.

So anyways here is what he emailed me not to long ago,

The State was given an extension because it looks like we are going to enter into a judgment from the court that will give the State of Michigan Legislator’s 90 days to change the SOR so that all of the rulings in Doe 1 will be applied to everyone in Doe 2. 

Respectfully Tim P ACLU of Michigan SOR Specialist   

Let me know what you all think.

Following on the heels of @Bobby’s post, something has once again come to mind regarding Snyder and Muniz. Both found the laws as exist are punitive and violate ex post facto for those sentenced prior to them. Okay, cool.

So what does that mean for someone migrating to MI or PA, regardless of when sentenced? If it’s punitive, how can MI or PA apply it to someone from another jurisdiction without it being a Double Jeopardy or Due Process violation (or both)? No State may impose punishment for the same crime another State already resolved (Double Jeopardy), nor can the State impose punishment without a trial (Due Process). It seems to me that anyone migrating to these States would be entitled to the same benefits as those covered by the EPF outcome. So, once the laws are “fixed,” don’t MI and PA become “safe havens” of a sort? And once TN or another 6th CCoA State comes in line, don’t they too become safe havens?

What am I missing here? Though I don’t want to live in a colder climate, there is a certain appeal to being less burdened. And moving would certainly be cheaper and faster than a court challenge.

Would being removed from registry enable us to move to other countries without being screened?
Would it permit us to move into any housing after a screening or background check?
Would I be able to secure employment?

In other words, I know that our faces will no longer be posted, but how is the removal going to effect the present condition? For example, many countries won’t permit us to travel freely into south America. They either remove us and detain us and finally return us to USA.

If I should decide to move into a %%+ community park or buy a home in said location, they will still be able to look us up and deny us to live or buy a home cause of criminal history….

So, I am just trying to understand what is the gain of removal….

I don’t think the registry should go away completely. But those with certain situations should be removed. My kids father was 14 when he got put on the list and was charged as a juvenile and his record sealed when he became an adult. However do to the fact of the laws changing he is stuck on the list for life. That’s not fair for him to continue to suffer for actions from when he was a child and now it’s hard for us to move to a bigger place because of it. So not only does he suffer but our three children suffer and so do I. He doesnt prey on childern and he isnt the same person he was when he was 14. He is 40 years old with a great job goes to church is a wonderful husband and father but his past continues to haunt him. What makes matters worse is when it first happened charges wanted to be dropped and because he was a troubled teen the state picked it up and wouldn’t drop charges. I really hope some changes are made so we can give our kids the lives they deserve and not stuck in a crappy situation because of something that happened 26 years ago. Some people do deserve a second chance

Im appreciated that the ALCU has gone to bat for Sex offenders. I sometimes feel they can do more, but I understand how laws work on issues as these, and the complexities involved. Regardless of any negativity, this is a win, and a start. As someone said its a crack in the foundation.
Sex Offending isnt a good thing, and I can understand why some people feel, and think what they do about sex offenders. Being a sex offender is not a one lump sum situation as in Harry or Larry too late in Illinois, who was charged with RAPE which carried a sentence of 20 to 40 years. He never Raped anyone, he was naked and asked for sex, and left after the Lady said no. Worst case situation was indecent exposure, and could not be charged with trespassing since he was asked to leave. A higher court reversed his conviction for not meeting all required factors to convict of a Rape Charge, and at that time there was no other law that fit what the State alleges to be his Crime. They wanted this to be Rape but it was not. Shortly after the State of Illinois amended the Statutes of Rape, and broke them down to lesser sex Offenses and degrees that required different forms of evidence. Other States began to follow suit. This is why sex offenders are now called sex offenders and not Rapist. Rape Laws still exist and still carry a long sentence since its based on the level of aggravation, and what transpired or how badly a person was injured during the Rape. Theres a big difference between sentencing guidelines between sex offenses, and rape since rape carries 20-40 years. Prosecutors took it on themselves to want to lengthen the terms, and applied it to sex offenders and not yet calling them Rapist. Sex Offenders got lumped sum based on a the death of a Child. People who had Sex Offenses that did not involve children or even any death of a child were included into this new scheme of registration. People needed to feel safe, and monitor so to prevent this from ever happening again. Even tho the Supreme Court has Ruled that future crimes cannot be predicted it was justified to create the Sex Offender Laws that committing another sex crime is high when in fact its not. The trust is people did not want Sex Offenders living in their Communities, and they wanted to send them back to jail, and the only way this could be done was manipulating the laws to force them to be non compliant, and make it hard to function in Society, and slowly over time it was intended to re incarcerate all Sex Offenders. Today over 30 years later Sex Offenders are referred to as Rapist again where nobody was ever charged with Rape because the worst of the worst people who actually rape get charged with rape and get sentenced to 20-40 years. The Legislators Scheme worked to get people who are not Rapist to be seen as Rapist. Where the Supreme Court Once Stated, it may be sexual in nature but its not a Crime of Rape since it does not meet the Minimum requirement and evidence to convict as a crime of rape.
What Legislators, and most Sex Offenders, and Lawyers fail to realize and the issue never gets brought up… That, We are Citizens of all States equally, and we have guaranteed fundamentally protected rights. Immunities, and privileges. The Full Faith Clause applies in conjunction with The Privileges and Immunities Clause of Article IV, Section 2 of the Constitution states that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” This clause protects fundamental rights of individual citizens and restrains state efforts to discriminate Both citizens and out-of-state citizens. However, the Privileges and Immunities Clause extends not to all commercial activity, but only to fundamental rights. This in conjunction with The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). A person cannot be held twice under any law and the privileges and immunities clause protects a person from double jeapordy and expast facto and applies to all States. This is why a person convicted of a crime in one State cannot be held again in another State if moving or just traveling if both States have two different forms of sentencing for the same type of crime.
Huge But….. We do have the 1st amendment right… This also give us the right to remain silent when questioned. All States Create a law called the Sex Offender Registration Statute that forces us to speak and give information that they demand or require that no other Citizen which were all equal, are not required to give under law in any other situation. If you wanted to exorcise your guaranteed protected right to remain silent and not answer question you will be arrested, and charged with failure to register. This violates the first amendment to remain Silent and by doing so and makes the Sex Offender Registration Law Void. Also the Supreme Court has ruled that when a person is in a police station, and question by officers, who submit to finger prints, and have their picture taken, are in custody for custodial purposes…… I would love to see the ALCU or another Lawyer argue these Points…. I believe they’re valid and would finish the Illegal Laws.