In early 2012, more than eight years ago, five people challenged Michigan’s Sex Offenders Registration Act (SORA) in court, arguing that the registry branded them as dangerous “sex offenders” without any individual review.
One was a man — we’ll call him John — who met a woman at a club open only to those 18 and older. They slept together and only later did he learn that she was actually 15. They fell in love, eventually married, and now have three kids. But due to her age, John was prosecuted and put on the sex offender registry. As a result, he has lost countless jobs, was often homeless and unable to live with his family, and couldn’t even attend his own kids’ basketball games.
Another man in the lawsuit — we’ll call him Paul — never even committed a sex offense. In 1990 when he was 20, he tried to rob a McDonald’s. But because he threatened the manager’s teenage son — an offense charged as “child kidnapping” even though it had no sexual component whatever — he was placed on the sex offender registry for life.
John and Paul won their case in 2016, when the Sixth Circuit U.S. Court of Appeals ruled that SORA is unconstitutional. The court not only found that Michigan treats registrants as “moral lepers,” but it also concluded, based on a mountain of evidence, that registries don’t make people or communities safer.
…
Four years and another lawsuit later, the House has now passed a bill to revise SORA. But that bill ignores the judicial rulings, rejects the science, and would put John and Paul right back on the public registry.
The Hit Lists aren’t going anywhere. I think a real problem with the Hit Lists is that the criminal legislators and law enforcement are not sufficiently afraid. They think they are immune. They don’t fathom that this war should end up on their doorsteps and inside their homes. They don’t think it will affect them or their families. What a shame. It will, of course. Probably not as destructively as I would like, but it will.
All moral people need to be engaged in the WORST (War on Registry Supporters/Terrorists).
How nice to see this op-ed in the DFP. Hopefully this wakes up the public some and can (finally!) create some willingness to have a rational approach to things. I’m skeptical but maybe, just maybe, the sheeple will learn something from this piece. Clearly the legislators have not.
No matter what legislation Michigan passes, they can’t undo all of the various court rulings. It’s only a matter of time until Michigan is forced to take down it’s registry entirely.
Big win out of the 9th Circuit. California registrants and in other states in the 9th Circuit take notice. A registry in the 9th Circuit may be the next registry on the ropes right behind Michigan.
If the courts have ruled that SORNA is unconstitutional, and the lawmakers ignore the rulings, why can’t you bring a civil rights lawsuit against the author/s of the bill? Hit them where it hurts the most in the wallet.
Sometimes I feel
Like Glenn Closes character in Fatal Attraction,” Government we can’t be ignored much longer.” I wish SORNA was in the pot boiling away.
Has anyone ever stopped to think that even the general public will not want HB5679 to pass!!?? We, you , I have any army, a union….we are still part of that and need to be smart of that. So if this passes the Senate A SEX OFFENDER CAN LIVE ACCROSS THE STREET FROM SCHOOL PROPERTY!!!!!! We better let EVERYONE know and the numbers for everyone proposing the changes as well as those voting on changes!!!! I’m sure we are easier to make a deal with than the entire public. 44,000 people is small compared to all the voters that turned out for this election!
So, doesn’t it make sense to let the cat out of the bag?? Use our/their media to our advantage against them!!??
Common folk, leading their normal boring lives have no clue about what’s going on with SOR day to day unless the media let’s them be terrified or deems it important for them. Can you imagine how fast it would get out if all RSO’s started shopping for houses around all the schools and acknowledging they are on the registry!!?? Most of us never would or even want to. But imagine if we became the monsters they portray us to be. To them we are the boogeyman.
Let the ordinary citizens know as well about the changes and how it involves them. GET THEM INVOLVED!!!!!!! Use the army to fight the army…make sense?
So winning the Fed lawsuit(s), or the blatant disregard for ex post language prohibition means nothing to “the people.” Precisely why training individual registrants about defending themselves in FTR scenario is important. Call it what it is! Slavery!
Resistance is futile…..you must comply with the collective.
Gratiot co. Prosecutors office is involved?
I had no idea,,,,,,,,wow
@BobbyS…yes, would you please post your complete response from Senator Irwin, as you have offered. I would like to read his response. I am hoping more senators take the same approach to House bill 5679. Thank you. Peace be with all of you.
@ EVERYONE,
I just watched the live stream of the Senate meeting , and if i understood it correctly HB 5679 passed with 21 yes votes and 17 NO votes, and Mr. Irwin was a NO vote, then it went to a vote for immediate passage, which I think also passed, it all went so fast it was almost hard to follow what was happening, so now i guess we just have to hope that Whitmer vetoes it i guess, not sure how all this works exactly.
BILL HB5679 just passed in the Senate floor. Passed 21 Yea to 17 Nay.
12/16/2020 Expected in
SJ 95 PLACED ON IMMEDIATE PASSAGE
12/16/2020 Expected in
SJ 95 PASSED ROLL CALL # 561 YEAS 21 NAYS 17 EXCUSED 0 NOT VOTING 0
12/16/2020 Expected in
SJ 95 IMMEDIATE EFFECT DEFEATED
12/16/2020 Expected in
SJ 95 INSERTED FULL TITLE
It sounds like they are adding further “punishments” – retribution for suing the state, I suspect – to their newly approved Bill:
https://www.mlive.com/public-interest/2020/12/michigan-senate-approves-tightened-restrictions-in-sex-offender-registration-act.html
If this law were passed, and I was subject to the new provisions – especially those about regarding internet and social media identifiers – I would constantly be adding new internet email addresses, social media identifiers, etc. I would flood them with all these new addresses and make the registering agencies suffer a living hell of paperwork!!
🔸F#ck_the_Registry@aol.comm
🔸Unconstitutional_SORs@gmail.comm
🔸U_R_criminal_regimes@email.comm
🔸MI_Senate_scum@ gmail.comm
🔸Etc., Etc., Etc.!!
And all the information about any vehicle you might use? Rental vehicles? I might regularly rent vehicles just in order to continue submitting more and more paperwork to the popo!! 🤣🤣🤣🤣
Over the past 10 years, that I am aware of, the tide is certainly shifting. It wasn’t that many years ago that 17 would not of voted no. We are slowly making headway. Some are listening. We now have a stance to sue on. The legislature has just approved a known unconstitutional bill.
So Crazy.. Can not believe it has gone this far that these Ass Holes will Win . Sad ! Aclu melt down in my opinion . What a Shame ! .. Merry Christmas !
Yes, all new laws passed are assumed to be constitutional, but that does not mean that they are so. Prepare yourselves for the next lawsuit to prove it once again.
It should not be difficult to get a preliminary injunction based on the fact that Snyder is controlling law in the 6th Circuit, so the law will likely be DOA. Even the 6th cannot overrule Snyder unless it does so enbanc. Snyder has been used to obtain preliminary injunctions in other states within the 6th, like Tennessee as recent as this year.
The State will likely lose by default at the District Court and Circuit Court; but, be prepared for them to fight it all the back to SCOTUS.
Way I see it is, this time you have more proof that the legislative intent is punitive.
@Michigan – Unfortunately I’m not quite sure all of your assumptions on this new law being more restrictive and unconstitutional are accurate. The most weight given by the 6th Circuits decision was where a person can work, live, etc.. This is gone. This new law will have to be reviewed by the courts in toto, ie using Mendoza factors. And since the 6th recently stated that SORNA is not punishment, I’m not sure how this new law will reconcile the 2 competing 6th Circuits decisions. I can see a new First Amendment argument on posting identifiers online – Chilling Free Speech. I can also see some issues with “all vehicles owned or operated and all numbers registered or used” being overly broad and vague still. Does that mean I cannot rent a car without first telling them? Or can I use one for up to 3 business days before I need to report? I also see (have seen) issues with the definition “Residence” and having multiple. How is “resides at greater part of time” reconciled? In a 168 hour week if I am at one residence 85 hours is that the greater part of time? It is completely unclear what is determined as time parameters. Is it within a 24, 72, month, year timeframe that determines “greater”. If I speed above posted limit, I know I’m speeding. There is no time “limit” or definition. Just some thoughts.
If they are not going to strictly follow the constitution why comply With them ? why wait for them to drag us through hell for years fighting on unfriendly ground ? why not move to Michigan where they are already beating back the registry and winning ? why not use our numbers to hold this strong hold ? California is going backward . at least we have a shot at a huge lawsuit and injunction forcing these tyrants to prove that its not punishment as well as strongly unconstitutional , sick playing this game over 30 years pretending that I am not still a captive of the stinking state still being punished , this registry is not the same critter it was when I started out , Back then it was to LE only , then the new unconstitutional registry , now this crazy new trash we are looking down the barrel of , And if you don’t think its a barrel don’t comply with it , and just see for yourself that they will enforce it with men with guns , (That’s not free ) we can use our numbers better where the true fight is , where is the fight he in Cali ? Janice has fought back many things that make it better for some , while trusting LE we eat this “Bull Shit Tier Crime ” live in the negative , feel negative , real hope anytime soon negative , treated negative , “fighting back positive” being angry is the only thing that has kept me standing , angry I did hard time , angry that my family as well as everyone else’s family could be harmed at any time by some violent brain dead freak that wants to be a ” HIT LIST HERO” sick of being a mark for registry pushing nosy control freaks that say they are in fear and no one cares” My rights don’t end where these people fears begin , or do they ? some of us are being robed and raped of everything our very life is just hanging out in the wind for all to see while laughing , I Ain’t Laughing !
So they are requiring us to provide more information, but yet removed the residency restrictions, all while completely ignoring the reasons why Judge Cleland ruled it to be unconstitutional. No, I do not want my freaking email address published for everyone to see and possibly harass me. Hell, might as well put my phone number on there too. Obviously there were some senators who actually read the bill and are aware of the current litigation, but still too many who see Sex Offender Registration and just blindly vote yes. I hope AG Nessel is in the Governor’s ear and she gets her to veto the bill because it’s worth less than the paper it’s printed on.
A few questions:
1. It looks like the public posting of internet identifiers provision will only apply to people convicted after 2011? That’s bad and very unfair for them, and likely will be subject to the same constitutional challenge that the requirement of internet identifiers was for pre-2011 registrants, but I just want to clarify that I’m reading this right.
2. It doesn’t look like they’re getting rid of tiers, in terms of how often registrants are required to do in-person address verification, just not publishing tier level online?
3. They actually haven’t changed the window of time we have to report changes, just rephrased it–or am I reading it wrong?
It looks like that, if you’re pre-2011, this is mostly good things, aside from the vague language about residences or vehicles (I assumed we had to report any vehicles we ever used anyway). What I’m most intrigued by is the provision for being removed if you get a conviction expunged–I know, I know, we can’t actually do that, but my only conviction (“Using a computer to commit a crime”) was not listed as a non-expungable offense when I was convicted, but was added to that list a few years later, and I think I might have a shot at challenging that as ex post facto, since I partially agreed to plea because I had a shot at expungement–but I gave up on caring about that once the legislature made it clear that expungement would not lead to removal from the registry.
Other than that, yes, I’m quite disappointed–was hoping my 25 years on the registry would be reduced to 15 or even 20, and I’d be off now or in the near future, but I guess I still have 9 more years unless I can figure this expungement stuff out.
Outsider:
I have learned that 99% of the registrants that say they want to fight the registry don’t follow through. Almost all are all talk and no action. Their prefer to complain but won’t lift a finger to help.
I already have a lot going on. If you are prepared to jump into the fight, email me at leonb7056@gmail.com
If you are in Michigan and covered by the Does legislation you WILL be removed from the registry. Any legislation to the contrary is irrelevant. Does II is pending. You have to remember that these rulings affect thousands on the registry. I believe it will be at least 10.000 and more likely north of 20,000. The problem is Michigan has to make individual determinations and this won’t happen overnight. I believe Michigan will ask for months that will turn to years. I believe it will be 2023 or 2024 before the dust settles, 2026 at the latest.
If you are affected by the Does II litigation (most pre-July 1, 2011 registrants) you only have to wait until Does II becomes final and Michigan makes a determination in your case. I believe it will take at least 3 or 4 years before all eligible registrants are removed. The future is difficult to predict so I may be wrong. My hope is that they take down the registry in it’s entirety and only place ones not affected by the rulings one by one back on the registry. But that option makes too much sense and probably would never happen with Judge Cleland. But stranger things have happened…
Bobby S.
Thanks for writing the senator. That sure was an enlightened response that I didn’t expect.
@Detroit…is the “Recapture law” a part of the Michigan SORA law? And if so, was the law effective pre-2011…is the recapture law under the DOES II 6th circuit court’s 2016 ruling? I am not a legal beagle, so I really do not know how to ascertain this information without asking someone with a legal background. I committed the csc first, then another non-csc felony a month later, before I was eventually arrested. I was convicted of the csc first, then convicted of the second felony later. This all happened about 25 years ago… I’m still paying for my bad choices. Hoping to be free of all this when DOES II is finalized. Hoping! Thank you in advance for your answer (for your help). Peace be with all of you.
Bobby S.:
If you survive covid you will probably live to see Does II become final. Hopefully, covid will be over by next November. Does II could be final by then. The ACLU hasn’t posted anything on it’s website. I believe they will as soon as things start to move. We don’t know what the ACLU will be requesting. They can ask that the entire registry be taken down and registrants be added as their cases are determined, which makes the most sense to me. I don’t think that will happen because a lot of people will feel it’s too radical.
The most likely scenario is that Does II will become final in either 2021 or 2022. They cannot remove everyone from the registry at once so the process will take 3-4 years. I believe the dust could settle by 2023 or 2024, 2026 at the latest. You have to remember that they have to make 45,000 determinations. Some determinations are simple and others are complex. And new persons are added to the registry each day. Remember, we are in uncharted territory so there is no way to reliably guess how this whole thing is going to play out. I am sure at least 10,000 will be removed and betting that number will go north of 20,000. They have to be removed. The question is how and when they will be removed.
Quietman:
If both your cases antedate the recapture provision, you might be off of the registry after Does II becomes final. At some point they will have to make individual determinations and when they get to your case, you have to argue for removal.
@Detroit…thank you for the encouragement in your response. Both my cases antedate the recapture provision of the law. So, I reckon I wait on the DOES II finalization process. I’ve been waiting for 24 years, I can be patient some more. (So many opportunities to be patient in this fallen world!) Thanks again. Peace be with all of you.
@Detroit / ALL Michigan
I know Detroit keeps talking about Does II and I understand his thinking process. What I have not heard him or anyone else talk about is the other 6th Circuit decision that came after Does II. The case was posted on here with a link to the decision (below). It flies squarely in the face of the Does II decision as it addressed Ex Post Facto as well.
I’m assuming a different panel heard this case and came to a different conclusion. SO my question is: HOW does the 6th Circuit reconcile their own differences and HOW does this case law NOW affect Judge Cleland in his eventual ruling??
Detroit / Michigan – anyone care to take a stab at this mess?
https://all4consolaws.org/wp-content/uploads/2020/08/Willman-v.-US-Atty-Gen-6th-Cir-Aug-2020.pdf