A federal judge is commanding state authorities to stop enforcing rules under the Michigan Sex Offender Registry Act during the coronavirus pandemic.
According to an interim order U.S. District Judge Robert Cleland issued Monday, officials are “preliminarily enjoined from enforcing registration, verification, school zone, and fee violations of (the act) that occurred or may occur from February 14, 2020, until the current crisis has ended, and thereafter until registrants are notified of what duties they have under SORA going forward.”
On Valentine’s Day, Cleland declared the act unconstitutional and urged the state Legislature to move to bring the law into compliance.
Under the February decision offenders would still have had to report to their local law enforcement agency or state police post through mid-May, while orders encompassing Cleland’s ruling were drafted by the parties. After that, unless the state Legislature acts, the Sex Offender Registry Act would no longer be enforceable against those who offended before 2011.
I understand judge is suspending all in-person registration until the state of emergency orders are lifted, but that is scary that the judge is still stating it is okay going prospectively after 2011. So, this punishment is okay as long as it is not retroactive. It is cruel and unusual, or at minimum definitely disproportionate in all but the most extreme cases.
@All, I know I asked this in the other post, but since I’m a Pollock and trying to rap my head around some of the wording in the order, I will ask again and apologize for the repeat. I know it’s a temp order, but in some of the wording like ” thanks and void” and when they say people will be sent letters in the mail to what there duties are after the covid 19 emergency is over. So when all is said and done does the order also mean that all pre-2011 registrants will finally be removed from this unjust registry, while they revise the registry to make it constitutional for all post 2011 registrants or I miss interpreting the order.?. It just sounds to me that after the covid 19 emergency is over, that all pre-2011 registrants will be done with the registry once we are sent letters in the mail. Please correct me if I am wrong and completely miss reading the order. Thank you in advance.
I love this judge Cleland, he just may set the new precedent for our country. He seems like a real impartial judge that isn’t influenced by who is watching him. He rules on what is right.
Thanks for the clarifications @ new Person and @ BM and @ Josh, very much appreciate your input, so at least it sounds like it is almost over for us, Thanks again for the explanation.
So within what @guy said
We are able to go for a walk around the schools track for some exercise at least for now?
It’s safe to assume that this Corona thing is just a bump in the road and not the long-awaited camel straw.
This our chance to show the world that during a crisis with no registry that people are still safe not to parade around school or push our noses up at police but to show them that we are human that we can do this without rules look I’ve been on this for 20 years and it is time we show them that we are not to fear if we all just remain human and calm. Look at Martin Luther king he did not scoff he stayed the course as an educated black man hew had a vision our vision is to be free to we are much like slaves just a different kind we must act as if we are members of society and that we want to protect as well but want the future generation to not be held captive to answer for crimes but not for life please everyone understand even if we could parade around a school or be near one should we of course not no person without a purpose of being there should be that includes none registered people I will act as a father a husband and a freind of the people and run through this there is no normal but there is a standard of sivilized action that we must upjold
Can someone clarify this a bit more for me? I have been following all4consolaws coverage on the MI case since October, but as a 2013 registrant I can only look forward to what changes are brought to the registry, and not so much removal…
But, it would seem to me in reading this that all registrants are affected with the current pandemic. Are we not required to verify now? Until the new rules are set forth? If they arent updated to fall in line by July, do I have to verify?
Any help understanding our current situation a little better would be greatly appreciated!
@ Billy. I totally agree. Now we have an opportunity to show them who we are, not what they labeled us as. Right now it is a temp situation and we should be extra careful to not give them any ammo to use against us. The schools are closed and no one has any business being on school property. For now, find someplace else to go for a walk.
You can bet there are backers of the registry who are looking to prove their point. We’ve come too far to screw it up now….so just be cool.
“so just be cool.” This is important point, Nick and something that I practice and every RC should practice and I call this “avoid the appearance of misbehavior”. I am active in church setting that I have no restrictions, and nearly all know about my past. I purposely avoid any and all contacts with any child. if possible. If, I am requested to be part of an activity that there are children, I do this with plenty of adults that are aware and I avoid and chummy contacts with kids.
@ Dustin So what exactly are we suppose to show them. I liked your overreach stance a lot better. Should we all say much of this registry ordeal is sour grapes mixed with a bunch of bad mash from distilled law makers that can’t even distill one’s brains or some law that was crafted in some back alley. Dustin you make a good point.
Dustin this contrivirus didn’t come up for nothing or who put this enticement on the internet to start with. Did Ali and Cosell take jabs at each other to be the greatest? A lot of ths has to do with this constutition today and moral principal plus basic rights whether civil or social or is something lost in America today. Standing up for justice whether your black, white, read or any other ethinic origin is what the constution is all about.
Anyone notice that the MSP sex offender registry is down and not able to search?
The facts were already there, many just chose to be crusaders for the cause regardless of reality. It’s an ideology they’re pushing at that point, an elaborate and formidable illusion at the tax payer’s expense.
Just watched Fox 2 news here in Detroit. They were talking about how the Director of the MDOC, Russ Marlan, on April 7th, put out a order to remove all tethers. But an hour later, he rescinded the order after many complaints from state officials. Fox 2 news did an interview with a Oakland Co. Parole officer, who didnt want his name or face mentioned due to safety and job concerns, interview was in a strip mall parking lot on 10 and Greenfield, in Southfield, when report Charlie Langston asked him if he was worried about convicted felons were to be free what he would do and tell others in the community to do, and he quote was, ” I WOULD TELL THEM TO GO GET A GUN AND PROTECT THEIR FAMILIES!”
Wow!!! When is enough, enough!!! How do you let a person like this that deal with parolees everyday, keep his job. This is a person that WANTS US to fail. Just shows you how much the State of Michigan and MDOC really thinks about all of us, and have absolutely no plans to help any of us. You can see where the new registry law here in Michigan is heading if we dont stand up and fight for our rights. They would rather shoot and kill us, then giving us our constitutional rights. ACLU and Oliver Group I hope you saw this and get ready to step up on this one
Not new (been reading for years but never commented). My boyfriend just had his tether cut off on tuesday morning. Oakland county parole officers are a whole different breed than wayne county . That interview just affirms it.
Please forgive if this is a repeat post. I just made one and the phone locked up and my post vanished while I’m the process of submission.
I was thinking about the conviction/offense date stuff. No one ever kept track of offense dates except the court. Myself my offense date isn’t clear. I had alibis for the first three tries so they changed the charging statement to “on or about”.
I’m also concerned about recapture. Judge C didn’t address it. It was part of the 2011 amendments to SORA so I don’t want to think it’s a factor but I keep reading articles that say “without a subsequent offense” like they intend not to give relief for ex post facto if there is another offense of any kind. Myself I had a felony in nov 2011 for receiving and concealing. Bought something that ended up being stolen thru my normal course of work. Like you would at a pawn shop. I wouldn’t tell on the guy so they pinched me. Never served a day, never placed in cuffs. no contest plea and a fine. My sex crime was in the 90’s,,, what happens to me??? The state police may have to do a lot of homework digging into individual files to make decisions like that and I still see lots of room for more problems.
For sure it leaves a lot of work on someone to decide who stays and who goes,,,, I no kidding believe they will be arguing about all that for years. Dumping all this on the state police may make them not want to do it. Anyone else have thoughts???
@ TS I fully intend to walk the track,even attend my 50th class reunion next year at my high school, etc. Since 95 I have felt the registry and then then restrictions are bs. What I said was that maybe while this thing is in a temp status it might be a good idea to take it easy until the final order is given.I have the same reasons for wanting off the registry as all of you do. I am blind and as long as I am on the registry I will not qualify for a guide dog. Tjat is my ultimate goal and is freedom and independence to me. Emd of.
@TS I didn’t t gee the connection between the registry and a guide dog when I received the denial letter. First let me say that you will not find a guide dog school in the US that is federally funded, which means they can do as they please. I consulted the ACLU, ADA and Michigan Civil Rights and all confirmed this fact. The schools iew it as a liability issue because most of the school only provide training at their facilities. The training averages 3-4 weeks on their campus, coed, dorm style accomodations. Bacially they are afraid of being sued if something happened. They view the registries as a warning to the public and if they ignored the warning thet could be held responsible for not heding the warning. I was also told that the lifetime registration has a lo to do with it. There are a few schools that offer at home training but all only accept students in their general location…east, west and deeep south.
Does anyone know why I keep getting “call to action” emails from the ACLU? I appreciate the work til this point but all i want is my original sentenced reinstated. I really do not care what happens to post 2011 registrants. The original lawsuit was the correct constitutional violations and now it seems like they are using the recent win to fight the whole registry. I would have never agreed to be a part of this suit had I know this was the plan. I don’t want the list changed, I don’t want review boards, I do not want private registries. I want my name off in the 10 years like I was originally sentenced to.
@ Warpath. I agree 100%
Holy moley Warthpath at least you haven’t jumped off the broklyn bridge yet. The thing about Janices form is one can get a lot of insight from listening to some of these text messages comments on here. Give me time to speak, who’s bearing the sword in vain, who’s acting like little children to instill upon another. Is a servant above the master? Are many or much of these sex offenses corruption in themselves.
Who forgives in all this kayos or does money soothe and give a pat on the hand of the one that offended. One can’t blame anyone of you all on here for being upset about all this registry issue. Sure government is going to get their just deserts but correction is always good in many ways.
Did not someone say on here say a Maryland judge said that much of this registry is like calling a spade a spade or do people forget the Sermon on the Mount or any Christian scripture today when one goes to court. Is a court of law today do you promise to tell the truth, the whole truth and nothing but the truth. Where is the so help me God come in.
Are not people free to get married if they want to or does one have to invite or tell their PO who they marry or does their background need to be checked and approved first or does love still cover a multiple of sins. Whether one is a sex offender or not who really is a sex offender in much of this vain justice in many ways. Doing good first and formost is always the best but law enforcement and judges don’t seem to understand that only a few if any. Janice your works cut out for you and many other lawyers across the states. Truth is always good. to make a better society.
@ warpath, Right On!
cool story warpath bet everyone is super scared of you. Anywho, to ANY AND ALL of the pre 2011 registrants you can also make it very clear you did NOT in fact sign up to fix the registry and that you also would just like the relief you were promised. You are under absolutely ZERO obligation to wait any longer than you have to so the ACLU can remake the registry. Plain and simple your sentence was found to be unconstitutional. The reason it was found that way is because in effect you were resentenced after the fact. That was has nothing to do with registry as it stands right now in fact that’s why the judge said anything post 2011 can stand. You’re being made to wait longer for something that has nothing to do with you. If I was you I’d make it extremely clear to the ACLU you want the relief you were granted in the quickest time frame possible and that post 2011 is simply not your problem. Intern@aclumich.org
@Warpath remember I was on here a long, long time ago and yes while I can understand Janice’s view’s and many more on here don’t we all seek true justice and understandng. Sure wrong is wrong but who serves a lifetime being bitter or bickering at others. Truth is the tipping point in everything and even Janice had a conferrence about that. Yes I did get tired of Janice’s platform for a while but she does have spirit and that’s what it takes to stand up for justice as do many on here.
We are all at the tipping point. We all seek some relief, some merit sand justice or where is providence or love in all this sex registry. One does his or her time that should be it any other stipulation is a type of … oh by the wsay we have reconsidered this as we have just passed a law that makes one a lifer to hold a label or something to that effect.
So is all this ceremontial law, social law, civil, law or constitional law or what is everyone fightening for. I would teen to believe true justice and lndependance is more important than being some outcast from society or don’t we all have a voice and reasoning in all this fickled registry.
in other words justification is better than vendification.