MI: Whitmer signs bill with long-awaited changes to sex offender law

Gov. Gretchen Whitmer on Tuesday signed a bill that would eliminate school safety zones and certain appearance requirements in Michigan’s Sex Offender Registration Act. Full ArticleFull Article

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

378 Comments
Inline Feedbacks
View all comments

This doesn’t affect anyone on the registry by Does II or other litigation. Nor does it affect Michigan’s registry being placed on hold during covid. Michigan cannot force anyone to register until the federal judge lifts his current order which is expected to take several months.
This primarily affects persons whose offense occurred on or after July 11, 2011. Most non-incarcerated offenders will be removed from the Michigan registry after Does II becomes final. We are in the planning stage to remove the remainder. Wish us luck.

Another useless Governor, throw her ass in jail. She’ll be causing more harm and it should come out of her and the legislators pockets defending this bull crap. Pay them jackshit till the actually do the right thing and stop playing whack a mole!!

This is a step, but just another bandage on the severed artery. People like her claim to be advocates of the people and equality, when will one of them speak out about the brutality of the registry? People are forced into homeless camps, can’t find work or housing, can’t have relationships or even live with their families because of the registry. The registry is the ultimate form of discrimination. It categorizes everyone the same regardless of offense. If democrats are for the people, then why are none of them standing up for this across the board persecution of a group of minorities?

I wonder if someone was convicted in another jurisdiction/state under a similar youthful offender act like the Holmes Youthful Trainee Act such as Florida’s Youthful Offender sanction, if Michigan will recognize that and not require persons that establish residency there to register. That would be a potentially good move for me to the state of Michigan if so.

I, for one, am thankful to the ACLU for their continued assistance in this ongoing legal travesty called the Michigan SORA. I say, “Thank you, Tim and company at the ACLU.” I believe in my heart that they will stick with us (people forced to register), as we continue to deal with this UNCONSTITUTIONAL CRAP that “our elected officials?” have decided foist upon us, AGAIN!
I reckon we now wait to see what Judge Cleland has to say about this latest “lame effort” by the Michigan Legislature. In the mean time, Tim has told us that the ACLU are working on their next moves in this continuing UNCONSTITUTIONAL drama. May we all have a peaceful and safe “Happy New Year.” Peace be with all of you.

Appears to me the State is betting on the FACT that SORNA has been upheld as constitutional. So if they model it, they are good. But, that ignores the rebuttal of frightening and high observed by the Sixth Circuit. The question remains, what kind of conditions, if any, can you put on a class of offenders for public safety before the State is required to prove current dangerousness?

R33:
I am more than familiar with your work with the ACLU. I appreciate you volunteering your time for this cause. I am involved in several causes and this is one of the causes I am involved in.
Rest assured, I stand by what I posted. Share the following with Miriam Aukerman and I am confidant that she will agree with me.
HB 5679 doesn’t make any changes to lifetime registration. It moved subsection (12) to subsection (13) but made no substantive changes.
The 6th Circuit Court ruled in Does that the registry is punitive. This means that Michigan cannot extend any registration period any more than it can extend a prison sentence. You have to remember that sex offender registration is an administrative process. As an administrative process, their actions are solely ministerial. They have no discretionary power to add persons to the registry or keep persons on the registry who are not required to register per statute.
If a person was convicted of an offense and began a 25 year registration period in 2000, his registration term will expire in 2026. In 2011, the state of Michigan extended his registration to life. This directly conflicts with the 6th circuit’s holding in Does that the registry is punitive. Once Does II becomes final, this registrant would receive a date certain to be removed from the registry in 2026. If this person had a 10 year or 15 year period which began in 2000, they would be removed once Does II becomes final. They won’t be removed the day Does II becomes final. The big question is how they will be removed because the state of Michigan has to make 44,000 determinations which can’t be done in a single day. Obviously, registrants with money for attorneys can go to court for immediate relief, but registrants without money for an attorney will have to wait until this case plays out.
Share this with Miriam Aukerman and I’m confidant that she will agree with me.

I have been involved in this cause for some time and am in contact with registrants on an almost daily basis. I own several properties and do rent to registrants. I currently have 2 registrants on my properties and have several in the application process.

Rest assured, I put my money where my mouth is. I have been helping a registrant in Indiana for several years because I am confident that this registrant is not required to register in Indiana. This registrant did 3 years in prison for their next to last FTR. In the FTR after, I told the registrant to demand a jury trial and the case was dismissed. This registrant was arrested and charged with another FTR in a different county in January of 2020 and is currently awaiting trial. I sent my reasoning why this registrant is not required to register to this registrant’s attorney and when he ignored me, I sent a copy to the judge. The court appointed attorney reached a plea deal for this registrant to serve only 4 years in prison. I located an attorney for this registrant and in September loaned this registrant $10,000 for an attorney. The prosecutor immediately offered this registrant probation. This registrant’s case is still pending.
A lot of people on these websites criticize me without knowing me. Rest assured, I have done well in life. I can write $10,000 checks all day long without worrying about any of them bouncing. I cannot respond to each of their comments and don’t lower myself to the rest.

I have been helping registrants for several years. In the last 4 years, I have received over 400 letters from registrants seeking my help. I trust you. I will be happy to show these letters to you and take you on a tour of my properties. I keep bank accounts that most people only dream of and am more than happy to take you to my banks to show you account balances that I guarantee will stun you.
I own several businesses and choose to remain anonymous because my advocacy can negatively affect my businesses. I have done too much for registrants to list in a brief post. If you would like to see any of the above, you are free to contact me at leonb7056@gmail.com

Brendan:
If you move to Michigan you will be required to register. The case involving HYTA is People v Temelkoski in the Michigan Supreme Court. The reason that registrants aren’t currently required to register in Michigan is that a federal judge placed Michigan’s registry on hold in February. This has to do with covid, not any court case. It’s unknown at this time how long this court order will remain in effect.
I own several houses and do rent to people on the registry. I am hoping to house some out of state registrants. Michigan treats out of state registrants differently from in state registrants. I believe this is unconstitutional. There is a case out of Indiana that supports my argument (Hope v IDOC). However, that case is on appeal to the 7th Circuit. No matter how the 7th Circuit decides that case, it won’t be binding on Michigan because Michigan is in the 6th Circuit. It’s a unique argument so the 6th Circuit will most likely follow the 7th so the 7th’s ultimate decision will have to be taken into consideration when we develop our case. Our ultimate goal is to get a decision similar to Hope.

BM:
You are incorrect. The 6th Circuit Court has already ruled that Michigan’s registry is punishment. There is no need to relitigate this issue, it is already settled.

Disgusted in Michigan:
This isn’t in Cleland’s order. The 6th Circuit Court ruled that the registry is punishment so they can’t increase your registration period after your offense was committed.

Everyone needs to settle down and wait for Does II to become final.

BM:
Think of what you just stated. The 2011 amendments cannot be retroactively applied. In 2011, Michigan bumped up tier III registrants from 25 years to life. This cannot be applied retroactively.

So the law that was signed yesterday stating that if you have a set aside or expungement order from a court only applies to who? I have a set aside order granted on 3/12/2012, does this mean I’ll be coming off the registry?

Fed up in BC:
You read the bill correctly. Once this law goes into effect, MSP has 7 days to remove you from the registry. Send them a copy of your set aside order via certified mail and tell them that you should be removed due to the new legislation.

Fed up in BC:
I would at least send them a certified letter explaining that you must be removed due to the new law. If they don’t remove you contact an attorney and see if you have grounds for monetary damages.

What’s the next step for Michigan registrants in this game of we’ll continue to thumb our nose at you? Time to support the lawmakers who voted against the bill and make grounds that way. Truly disappointed in the Governor, but not surprised she signed the bill.

Fed up in BC:
To see how having an attorney makes a difference, read the June 7, 2018 article by Todd Spangler in the Detroit Free Press. He explains how registrants with bad cases get off of the registry while registrants with less serious and lower tiers stay on because the worst sex offender hired an attorney and was removed.
The article is available on this website tagged “Michigan”.

Another grave concern…..as I get older my health will decline. My understanding is most nursing homes and assisted living centers will not allow registrants in. Anyone know that to be true? Bunch of old non-functioning And nonsexual geezers are somehow a sexual threat? This is inhumane

Warpath:
There currently is no expungement for offenders whose offense date is after 1997, except some CSC 4’s which even those no longer can be expunged (I don’t recall the year Michigan changed that law). If your offense date preceded July 1, 2011, there is a possibility that you may be covered under Does.
What county are you in? After this covid is over we will be starting meetings. I have 5 or 6 people seriously interested in meetings and about a dozen or so more I question how serious they are. I am hoping to get at least 10 people at the first meeting. If I get a decent turnout, I will be bringing an attorney to the meetings once or twice a year to answer general questions. I am in my 60’s, so don’t want to do anything until covid is past.
There are other things in the works, so I wouldn’t give up hope of being off of the registry. If you want to participate in what I have going on, you can reach me at: leonb7056@gmail.com.

Dr.:
If your case is pre 1995 and you have no other convictions, you should be off of the registry after the dust settles in the current litigation.
Most attorneys will tell you that you have to prove damages in order to file a claim for monetary damages. My argument is that the 6th Circuit Court ruled that the registry is punishment and by Michigan extending your registry term is that you are being unconstitutionally “punished” if you were eligible to be removed by one of these court decisions. It’s like if you were sentenced to 10 years in prison and you are supposed to be released at the end of the 10 years and the state keeps you in prison for 11 years. You can’t sue for the first 10 years, but you can sue for that extra year that they kept you past your outdate.
I honestly believe that there is enough money in any such litigation that a good section 1983 lawyer would be willing to take on the challenge of such a lawsuit. I would like to see it as a class action. It is undeniable that the Does II litigation has the potential to remove well over 10,000 people from the registry. A large monetary judgement in Michigan would put all of the other states on notice and they wouldn’t be dragging their feet after any further court order like Michigan has.

I am on MI registry. I am divorced, raising three kids on my own (imagine what she did if she lost custody to a registered sex offender). My conviction was in 2012, and was sentenced 0 jail time. I am curious what other registrants would find an ideal and healthy balance to this debacle. I know it’s easy to say let’s get rid of the registry altogether, but the public would never so easily jump on that bus. So what would we propose that alleviates us from bad laws, but also helps the public to feel safer?

SRaisingThreeKids:
In Michigan, you can possess a firearm after you are off paper for 3 years. Michigan is the only state that I know of where your firearm rights are automatically restored after a felony conviction. In most states, you are permanently barred from possessing a firearm. A few states have a process similar to a petition to apply to restore your rights. Your conviction needs to be expunged to regain your federal right to possess a firearm. This won’t happen in a CSC case.
Michigan is at the forefront of finding these laws unconstitutional. No state has come close to the decisions in Does I and II in scope in finding these various aspects of the registry unconstitutional and there is other litigation in the works in Michigan. You will most likely be removed from the registry the quickest if you remain in Michigan.

The statute that allows you to possess a firearm after 3 years in Michigan is M.C.L. 750.224f. You should read the statute.

Bobby S.:
The original statute contained basically the firearm and explosives as a specified offense. They later added burglary and controlled substance offenses. There are no registry offenses listed specifically as specified offenses. The only provision they can apply to any registerable offense is the use of force provision which is confusing and should be either rewritten or stricken from the statute. The use of force provision contains 2 important elements, that the underlying crime must be a felony (which rules out all CSC 4s) and that the use of force be an element of the offense. So forcible rape would fall under the 5 year provision and you would have to petition for the restoration of your firearm rights.
The use of force provision is relevant in perhaps 5% of all registerable offenses so the bulk of registerable offenses fall under the 3 year firearm rights provision. No CP cases implicate this provision and you have to remember that statutory rape crimes don’t contain force as an element of the offense.
It doesn’t matter what was alleged in the complaint. Use of force may have been alleged in the complaint but it doesn’t apply if it’s not an element of the offense that you were convicted of.

16 block:
You are correct in that it is quite difficult for felons to possess a firearm under federal law. There are very few avenues under federal law, usually by expungment or a pardon (which I don’t believe covers much more than 1% of all felons), which allow felons to posses a firearm.
Under Michigan law, black powder rifles and muzzle loaders are firearms but air guns are not. Due to a quirk in the law, most felons can possess a firearm after 3 years but not a BB gun. There is a way for felons with a specified offense to petition to have their firearm rights restored after 5 years but not their right to own a BB gun.
There are a couple of Michigan Court of Appeals decisions that say that you cannot be convicted of armed robbery if you use an air gun in the robbery.

Fed up:
I can say with certainty that touching is not force.

16 Block:
You may be right about how someone in your household possesses a firearm. Possession isn’t just actual but can also be constructive. If you have the knowledge of the firearm’s existence and access to it, there is an argument that this is constructive possession.

1 2 3 6