A U.S. district court judge is giving Michigan lawmakers 90 days to change the state’s sex offender registry law, almost three years after it was first ruled unconstitutional by federal appeals court.
U.S. District Judge Robert H. Cleland issued an order that the law must be changed on Thursday.
The ruling stems from an August 2016 decision by the U.S. 6th Circuit Court of Appeals in Cincinnati which found that Michigan’s Sex Offender Registry Act was unconstitutional. Full Article
Dave,
I didn’t go to any meeting at all, can’t afford to, I also live in Oakland County, but I live in the Southwest corner of it. So the boarder to Livingston County, is is with a couple of minutes from my house, I could walk to the boarder line. The other boarder line Washtenaw, is about 4 miles from me. My conviction was at the 5th circuit in Oakland County, by Judge Tyner who retired in 2007, she was caught working half days, or at the mall shopping when she was suppose to be at work, and some other corrupt things she did while on the bench. They gave her the opinion retire or face the consequences of your actions go figure. looking forward to Monday’s conference call though.
Hello Everyone, i was just wondering if anyone happened to catch last nights conference call concerning news and updates on what is happening in Does v Snyder. I can not seem to find it any where, and no one from the ACLU or WAR has got back to me with a link yet so i may listen to it. Any help from anyone would be appreciated. Thank you.
Would this make the 2013 ammendment imposed annual fee unconstitutional too
Has there been any news on what changes are coming? I cannot find anything, other then the judge ruled there must be changes
So I listened to the conference call and it sounded very positive. They’ve agreed on several items but nothing written in stone yet. They agreed to get rid of the school safety zones, reduce the length of time on the registry to 10. 5 and 2 years. The State police want 20 years. They’re still negotiating on that. The Aclu says there are roughly 44.000 people on the registry in Michigan. They want to get that number down to around 7.000 to 8,000. Risk assessment wasn’t negotiable. The legislature doesn’t want it. They don’t think they’ll make the August 21 deadline. Talked about asking the judge for more time. So that was what I remember from the call.
If intent punitive ” That ends the question” ahhh in favor of the registrant.( Smith v.)
The preamble of the registration act ( whetterling) overcame the two prong test but only because the true intent ( gov USE of the database) was intentional indenture human to database. Wherein states machine needs outweighs citizens privacy concerns with her on personal data storage and use. It was Congress 94, that decided that citizen humans must by law provide unique identifiers of individual felons to be stored and utilized by whoever AND whatever purposes.
Our leadership decided to grant the big data brothers carte Blanche by deciding the do the most extreme thing one can do to with a database to a human, indenture human to their maintenance AND force them to pay for the upkeep.
Re:machina
MN > HN = nul(Asimov; I Robot)
Hello, could you tell me where I maybe able to listen to the call ? I cannt find it on here. Thanks 🙂
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Has anyone heard anything about a new law with Teather’s something about going based off your tier and static??
Here is the Does v Snyder recording, I hope it goes through and works. https://audio.womenagainstregistry.org/The-Status-and-Potential-Impact-of-the-Does-v.-Snyder-Case-Shelli-Weisberg-Women-Against-Registry-Recorded-July-8-2019?fbclid=IwAR1MKBXT4mHsmqOzbp4sPsopk7X1MAw5YbnHOMQtsnAVJp1Az5iAyrfggmQ
So I listened to the conference call and glad I did and here are the positives I got from it: They have agreed to no tier system, school zones eliminated completely, much less info supplied to the regestery, just address, phone and email. That updates can be done online or by mail, physical reporting only once a year, a pathway off the regestery, like requesting to be taken off every 2 years, 10, 5 and 2 year length. A bill is being drafted now, between 7 and 15 thousand regesterants total and both sides want this done by the end of 2019.
What does all this mean for juvinile offenders that were convicted in 2006?
Cautiously hopeful and waiting. We all know how underhanded politicians can be.
Thanks for the updates! I’ve been on the SOR since I was 14, in 1997. In 2006 I was placed on the adult registry, and in 2011 I was changed to Life, for a CSC4th! A freaking misdemeanor!
From what I gathered, and from talking to contacts I have at the U of M law school, if the 10 Year, 5, and 2 year registration requirements go into effect, that would be done retroactively. That is the only way they will bring down the 44,850 registrants to 7,500 to 10,000. If that goes into effect, the day it goes into effect, those affected by the 2006 and 2011 changes should be immediately taken off, provided you have been on the registry for more than 10 years.
Also from what I told, the Federal Judge is being firm with the date. The state has exhausted their appeals and dragged their feet long enough, they either fix it, or the federal government will put an injunction on the whole registry until its fixed. The feds put an injunction on Nevada and parts of the registration was null and void for 5 years.
I’m wondering what will become of people who move to Michigan after their changes. I’ve been out for 13 years and was convicted in 2000. It would be nice to move the family there if I had a way off the registry!!!
Hello, I also, received something today from the Michigan ACLU, but I hope that @BIGANT , I hope his info holds more water, then what Tim, told me either way its still good news. I just hope Judge Cleland, really does stay firm about the August 21st deadline. I also feel they should shut the registry down until it is finally fixed. Anyway here is what Tim sent me to day.
You will probably need to check in on your Sept. date. Yes we are making progress but even if we had a deal by the 21st the bill has to still move though committees and then to the floor of both the House and the Senate and then to the Governor to be signed. But we are making progress.
Tim P ACLU Michigan SOR Specialist
@BigAnt….
None of it should have EVER applied to me. Only reason that @Bobby and myself are on the registry is because Michigan decided to place people on probation/parole on the registry…at least in my case, it was never part of my sentence or my original probation order. It was modified to include probationers AFTER the fact. EVERY aspect of this registry has been a Ex Post Facto violation to me. I have been a part of every change, amendment, and tweak in the law since it’s initial passage 10 months AFTER my date of conviction…..I’ve only ever seen it work AGAINST me. Hence, the reason I call for people to temper their expectations with all this…..I’ll believe it WHEN & IF I see it happen. I hope you’re right BigAnt….I really do. I still think in my heart of hearts that there is no way Michigan’s legislature will let this happen and it will come down to Judge Cleland…
@Big ant: can’t you just return to NV? I know they changed the law there last fall (which is why I left, since I went from tier 1 to 2), but it sounds like you’d be tier 1 at worst, or maybe you still wouldn’t have to register there. You should call Carson City and ask. Like, asap.
Speaking for myself though, this would without a doubt be my breaking point. I haven’t had it nearly as bad as you, and I’ve found myself at the brink too many times to count. You have my sympathy, brother.
https://en.wikipedia.org/wiki/Collateral_consequences_of_criminal_conviction
That sums it up right there. The registry like it was in 1994 cant be considered punishment. No matter how much we hate it there was no direct consequences from that. Not to mention that it was only intended for adults and not children. I find it cruel and unusual punishment if my kids are directly being punished for a crime they did not commit. Residentry restristions on me mean they cant live in a nice house even if i can afford it. Me having to register in person means my children have to come to the police station in person as well because we cant afford more than one car because i cant find stable work to afford another car. IF they decide to change rules and dont notify me about the changes i go to jail or prison and that just sets off another set of crap. Funny thing is that wouldnt be becuase of me breaking the law either which is nuts in itself!!! What about potential harressment resulting in this registry? I could go on and on. Im just so fed up and angry and im ready for a change.
Great post Blake, couldn’t agree with you enough !
@blake — The thing that no one talks about is the further damage it does to victims when there is no redemption for their assailants. In other words if its “damnation is for life” for the assailants then it’s “victim for life” for the victim. They’re damaged goods for life, that are told that they can never move past what happened to them. They can never heal, but must go through life being permanently broken. The same for solders coming back from war. Allegedly PDSD is for life… They’re not supposed to move past it and try to heal, or move forward They are forever victims. There is an opposite extreme of completely ignoring, or completely downplaying bad things that happen, but the answer is not to maximize things where a person is supposed to be angry forever. In fact, that anger is typically from people who’s victimhood was ignored, or denied. So the problem is that policy is being made by people who want to get some sort of revenge, and who better than some sex offender that they don’t even know…. Only their revenge negatively affects everyone else in that offenders life, including their victim, who is often family
Any updates on the new registry? Or is it hush hush until the 21st?
I listened to the call and it seems as if a 2,5 and 10 year registry is what’s coming.
I’ve been on the registry since 2007. Currently a Tier 2. (Went on to play college football and professional football from 2009-2015 and now own two businesses) recently spoke with my sentencing Judge (lives in my hometown) and voiced that he knows I present no danger to anybody.
So if my understanding is correct if this new registry is passed with these new registration lengths, I’ll be removed?
August 21st can’t come soon enough!
I’m also hoping that with these changes and people being removed from the registry allows for expungement. Currently pretty much everyone else with 1 felony in MI can get an expungement, but not RC’s unless it’s a Romeo & Juliet case. I’m one of those with 1 felony who’s not allowed to apply. It would make sense that if I’m removed from the registry, I should be allowed to then get an expungement.
Guys enough of letting us know how long you been on the registry, this is not a measuring contest. I understand a lot of you have been on for 25+ years but you don’t need to keep reminding us. I haven’t spoke much on this but I’ve been getting very upset because a lot of you seem to think the longer you’re on this list, the more you’d deserve off. Fact of the matter is, we all deserve off the registries as they are unconstitutional.
Also I want to make it clear that not all offenses are not expungable. I myself have no felony record any longer from a expungement in 2012 and still have to register. Only CSC and a couple other crimes are not expunagble. If you think otherwise, you may want to speak to an attorney as I personally had a expungement.
I’m not posting any more but just wanted facts out there as I’ve personally gone through a expungement of a sex crime.
@blake I do agree, we don’t want a knee jerk reaction so a ruling could potentially be disastrous on August 21st. But I have heard from multiple attorneys that this specific judge does not like to be screwed around with and he’s done playing games at the state level and them not coming up with a timely resolution is going to result in a order most likely.
I Just received this email from Shelli Weisberg this morning and it’s a lot more then ive received from the ACLU, but still sounds like the same run around in a way. So anyway here is the email I received from her, this morning.
Hi Bobby. I feel your frustration.
There hasn’t been a decision made yet on the request for an extension and there is a status conference with the judge coming up in the next ten days. Regardless of whether an extension is requested or granted, the legislature still has to develop and pass the reforms. The judge may decide to order briefing and continue with the arguments and that will take time as well. No matter what, we will keep working on legislation.
It’s a slow process and lawmakers are reluctant. The lawsuit is a hammer, as are the people like you talking to lawmakers about the need for reform. We are trying to get this registry as minimal as we can. The judge may not give us as much as the legislature so it’s a constant balancing act.
I agree with you that the registry should be gone. Hopefully one day lawmakers or courts will be on our side as well but for now, we are doing everything we can to minimize the consequences.
Shelli