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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

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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.

@Detroit…. This law that was just signed today that supposedly fixes the unconstitutional flaws and brings it largely into compliance with the federal statute does NOT release tier 3s from Michigan’s SOR. If Judge Cleland decides that the state did enough to fix the unconstitutional flaws then HB 5679 stands….The way I see it playing out is the ACLU having to file another class action if Cleland says this is enough to satisfy the flaws….continued litigation was always the state’s way of never having to face up to the WRONGS inflicted on us….You keep saying that we’re all getting off… Read more »

@Detroit And who’s us? Why should we wish you luck? You keep propagating all this information and some of it sounds good in theory but you told everybody in Michigan to file a 406. Problem is that Tier 3’s don’t even qualify to file except for a few very select instances. I keep asking you to cite your sources and you refer to Does 1 & 2. Most of us have read those and the current ruling and legal injunction put in place by Cleland. The state has their opportunity to fix and they have. Not anywhere near good enough… Read more »

Josh, I have to agree with you. I have read Does I / Does II more than a few times. I’ve also read what Detroit has said on here in regards. Yet the 2006 / 2011 Amendments no longer exist and Cleland could essentially say it is MOOT. Period. Cleland would have to determine that the new law is STILL in CONFLICT with the 6th Circuit ruling ie: lifetime without determination, reporting requirements, in person reporting, etc. If Cleland doesn’t, then there will have to be a new suit filed completely and back to square one. The new lawsuit will… Read more »

@Josh…you took the words right out of my mouth. This Detroit dude keeps talking about the DOES order saying pre 2011 will be removed, but NO WHERE in Cleland’s order does it say that , so I don’t know where he’s getting that from. This new bullshit law now essentially keeps all tier 3 persons on the hit list for life. Cleland cannot do anything about the new law until it is brought into court, and we all know how long that will take. He ordered changes to be made and the Legislature made changes, but not enough, so it… Read more »

@detroit. If you were convicted prior to 2011 and you had a 25-year time frame on the SOR and in 2011 they changed you to Tier 3 lifetime on the SOR, HB 5679 signed into law by the Governor will keep you on the SOR for lifetime.

The ACLU legal team and legislative team will not be giving up and will set our next steps.

Respectfully Tim P ACLU of Michigan SOR Specialist

Tim, the way it’s written now for HYTA is confusing. I spoke with a lawyer, he said the way he reads it is that everyone that successfully completed HYTA will be removed period. It states that except as otherwise provided in this subparagraph, being assigned to Youthful Trainee Act before October 1, 2004. But in the next sentence it states an individual assigned to and that successfully completes supervision will not be considered a conviction for purposes of this act. The second sentence essentially takes me back to the opening of the subparagraph where it says expect otherwise provided in… Read more »

With a 2016 conviction, this new law provides me relief as I can attend my youngest school functions now, well in March but with her graduating in May I have missed everything meaningful at this point. It probably means a job or 2 someday in my life might be available in the old safety zone or the off chance a rental will accept me. The law also makes my reporting requirements stricter unless by some stroke of luck the MSP sets up a way to do reporting online. The HYTA changes are exactly what a young person needs to change… Read more »

Seriously. Knock it off. Most people will not be removed. All the tier 3 folks are stuck…pre 2011, pre 2006…it doesn’t matter, you are on it. So much for logical thinking, a sympathetic AG or Govenor. Once again the hot potato was thrown to protect the hands of the “important” politicians. They are all the same…thanks ACLU, at least now I can try to fight with a lawyer instead of wasting time with this class action suit that did nothing but take my prescious time. Detroit, this jailhouse lawyering you are doing is giving false hope to folks who don’t… Read more »

@Burned… AMEN! I have wanted nothing more then the opportunity to litigate MY case and take my chances with MY lawyer. It’s been 3 years give or take since Does II was certified a class action and locked us out of court. Hopefully the time has come where somebody can score a meaningful victory where something tangible and real will result…..@Detroit…congratulations on all your success/businesses/money and thank you for all the registrants you’ve helped. Just don’t break your hand patting yourself on the back. Real humanitarians don’t look for recognition…just saying. As for the legal advice you’ve been dispensing. In… Read more »

My offense was in 99… part of my sentence was to register… there was no fee to pay… and it was 20 years and done… as i understand it… since then they changed the requirement of a fee to a one time payment of $35… i paid it… then all of a sudden… its changed AGAIN… to $50 a year for 10 years or buy out for $500… being on the registry was part of my sentence… its in the sentencing transcript… how can they now designate anyone as a tier 3… dictate that im on it for life… and… Read more »

Eric… You are right… It started at a $35 one time thing and then it switched over to a $50 once a year. Don’t be surprised if it gets bumped from that. Would you pay $500 a year to remain free and out of jail? I heard that the money that was extorted from us by the state Will be addressed by the Oliver group as soon as all this other garbage settles down. It’s unbelievable what the lawmakers think they can get away with.

So can pre 1995 registrants, sue for: 1 ex post facto
2 due process
3 extortion
4 stolen personal property (dna) 2006?
5 slander
And of coarse lost wages and attorney fees!
If the 6th court has any grounding!
Four years ago?
And another thing, I don’t expect to see justice in my lifetime, so is there a way that I can get justice to my children, if justice is ever served.

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!!

Well, I for one, do not put this on the Governor. Her only other option was to veto it and that was not going to happen. I am sure Nessel and whitmer know this is not going to be enough to appease Cleland but it punts the ball down the road until the new legislature is seated. Short of a veto, if she didn’t sign it, it still would have become law in 15 days.

But she could’ve veto’d it. She chose not to to appease the legislature and mobs.

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… Read more »

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… Read more »

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… Read more »

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… Read more »

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.

Detroit, there is no disrespect here and I’m calm. What the 6th Circuit said is that Michigan’s registry is punishment. I’m not at all disagreeing with that. What I believe the 6th Circuit stated was that the 2006 / 2011 Amendments were punishment and cannot be applied retroactively. SCOTUS Smith v Doe stated that to determine punishment there are factors, Mendoza, and as you are aware the 6th Circuit went through them in their assessment of punishment “particularly where they can live, work”. Those no longer exist. A new lawsuit will need to be filed and the new law deemed… Read more »

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.

Seeing as MSP already have my set aside on file, should I still send them a me ?

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”.

In my case when I got my set aside the prosecutor told the judge that I would still have to register given the law change in 2011, the prosecutor was actually trying to re try the case at the set aside hearing and got reprimanded by the judge for it. I’ve had a clean record since 2001 gone through all the BS that the local cops and MSP have tried going for , going as far as arresting me for living at my house that I was grandfathered under the law to live at and the court officer for the… Read more »

I am a Michigan resident. I can afford an attorney. I was arrested in late 2011 and was convicted in 2012 for CP. It is my understanding that there is no way off of the registry, no way to get a set aside, no way to expunge or so says my attorney. If there is a pathway to get off this hit list I would love to hear it. I would put my retirement up as collateral just to get off of it. I am an old man. The parts of me that society supposedly fears do not even work… Read more »

Another grave concern… 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

or path… I had heard this in the past but I don’t know if there is actually something to it or if it is just a rumor. I would imagine that if it’s a state or city run facility they wouldn’t be able to discriminate. Also, I heard that if you are on the registry for life you can’t get into some apartment complexes.

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… Read more »

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… Read more »

Thank you for your insight on the pre/95.

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?

I’m assuming you had to prove to the court that you are not a danger. I know I did. If that’s the case, I’d use that as the basis to sue to get off the registry. You already have a ruling in your favor, so the State would not have grounds to cite public safety.

I was convicted the summer before my youngest was born, and in the plea deal I bargained to have my own children be exceptions to the no-contact-with-minors rule that everybody on probation or parole deals with. My ‘victim’ was not related to me and the judge seemed it a fair exception, considering the impact to my children had I not been allowed contact with them. I had never considered using my divorce results as proof that I am not a danger. I imagine the judge would find some way to twist it and say that my lack of danger is… Read more »

After my release my victim was of the age-of-consent, 13 months confinement. She found me on the registry and came to my new apartment to introduce me to our son after about two months. I was released unconditionally, no probation, no parole. Once the State found out we were having contact, about six months, DCFS filed in Court for a No-Contact Order, then proceeded by a Criminal Protective Order. I completed a psychosexual evaluation with a State approved evaluator rebutting the presumption of dangerousness, “not a pedophile or violent person…a minimal risk of re-offense.” The State objected to its entry… Read more »

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… Read more »

@Detroit , when it comes to gun possession your right and wrong, it depends on if you have a non- specified felony or a specified felony. My question is what is CSC 2nd. Specified or non- specified. I got this off of AVVO.

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.

The way I read the law, if you have any type of felony the only thing you can do is apply for a firearms license after a given period of time and this license is solely limited to muzzleloaders or black powder guns. Nothing nothing nothing there takes a shell. So, if you want something for Home Protection you can have a blunder bust or muzzleloader or a black powder gun or a crossbow or a big ass dog… But that’s about it. I guess I could see it if perhaps the felony was committed using a firearm but again… Read more »

Once again detroit, you are so quick to give legal advice, and you do it with such arrogant snark. Settle down! You need to actually cite where you get your info. The question was pertaining to automatic firearm rights restoration after a 3 year period once all probation, parole, fines, and fees are completed and csc 2nd; Is it a specified offense? This would make it a specified offense: “If an element of the felony is use, attempted use, or threatened use of physical force against the person or property of another, or that by its nature involves a substantial… Read more »

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… Read more »

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… Read more »

@Detroit…The ATF does not consider black powder muzzleloader long guns, cap and ball black powder pistols or airguns to be firearms. Michigan does not consider air guns to be firearm either, but black powder muzzleloader long guns and cap and ball black powder pistols are firearms. Therefore, it would be legal under Michigan law and federal law for possession of black powder muzzleloader long guns and cap and ball black powder pistols once firearm rights are restored. I own several BB guns and a cap and ball black powder pistol, which is perfectly legal for me.

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.

Bobby S: When we post a comment, we try to keep it brief. I was making a comment that in Michigan he can possess a firearm 3 years after he is off parole. In a brief comment it is to difficult to get into specified and unspecified offenses and were I to go into detail of the offenses and he had to pay his fines, etc., the point of the post would have been lost in the verbage. That’s why I referred to the M.C.L. I posted the M.C.L. as an afterthought to my previous post. Fed up took this… Read more »

not to be rude but guns are the least of my worries I can care less my main focus is this registry how its gonna affect us with 3 days to register now and all the other bs the state is pulling I know certain counties are making you register threw the pandemic and if you fail to register there locking you up and i wanna to know is this unlawful bill is gonna go back to court since nothing was changed also all 44000 pluss registrant dont know about this web site or know whats going on with these… Read more »

Scooter… I was thinking about this new three day thing the other day. So does that mean we have three days to report a change or three days to do the address verification every three months?

I am assuming 3 days to verify when its your month

@ Scooter
I remember when it changed from the first 2 weeks of the month to the whole month being open….Law enforcement are going to just LOVE having thousands of registrants milling around each cop shop across the state the first 3 days of every month IF that is the case with 5679…..what a shit show of a state we live in….

@16 Block…the 3 days is to report any changes in your status, like changing your residence, registering a new vehicle, changing jobs, etc. Its not 3 days to verify. You still have the entire month for that.

Disgusted in Michigan… Thanks for the clarification. I couldn’t figure out why it started out as a 15 day reporting. And then changed to the whole month and then back to three days? Didn’t make any sense but dealing with a long bakers doesn’t make any sense either. Another thing that’s been on my mind is that pre-2011‘s don’t have to do that address verification with the state police. I called again this morning and again that’s what they told me and they said that everything is on hold. Now if this was because of the covered post 2011‘s wouldn’t… Read more »

I hear you. I never even thought about guns until I was put on the Hit List and my family became endangered. Now days, I want a lot a guns around. If some Registry Supporter/Terrorist comes onto my property to harm my family, I want them killed. I think there are a lot of ways to have a secure home. Personally, I like the idea of living on a large compound with plenty of people who are legally allowed to have and use guns, and are paid to protect the property. Personal preference. Yeah, the “3 days” BS is a… Read more »

I completely understand your frustrations towards the registry and how it can jeopardize the lives of our loved ones. However, a blatant call for war not only makes our stance less credible, it could possibly make you a target. Since my crime and the subsequent punishments, I have also been driven towards the libertarian mindset regarding gun rights and practicing said rights. I know I have a good case to to be rewarded my rights again. My crime didn’t involve force or violence, it is my only crime; not even a traffic ticket before or since, a family court judge… Read more »

I hear you. But it is not a “call for war”. In my case, the war has already happened. I’ve been on the Hit Lists for decades. They were nothing when I was first listed and it was only supposed to be for a relatively short period of time. I think you can guess how that turned out. So, I don’t give a f*ck what the criminal regimes say is legitimate or not, or how they lie and lie about how it is moral and for public safety and protecting children. They are lying sacks of shit. So there had… Read more »

One of my wishes is to have the registry flooded with so many men and women that the public becomes numb to it. I also want a registry for non-sexual child abusers, as well as animal abusers. Add in assault, stalking, and even some drug abuse registries, and then the common folk will start to realize just how bad the registries are in nature.

@SRaisingThreeKids: If the Hit Lists are to continue to exist and have any hope of ever being even close to legitimate, then there are 100s of other Hit Lists that must be created immediately. It is beyond shocking that we list people for looking at pictures and not for shooting their next door neighbors with a gun!! Or how about a person who broke into their neighbors’ homes in the middle of the night? Perhaps they had to beat the families while they were in there. Perhaps left them permanently disabled? Or drunk drivers who have murdered people? The list… Read more »

The 3 days is to report any changes, ie address, employment whatever and it is 3 business days. I don’t think they changed anything in regards to the verification itself.

With a 2016 conviction, this new law provides me relief as I can attend my youngest school functions now, well in March but with her graduating in May I have missed everything meaningful at this point. It probably means a job or 2 someday in my life might be available in the old safety zone or the off chance a rental will accept me. The law also makes my reporting requirements stricter unless by some stroke of luck the MSP sets up a way to do reporting online. The HYTA changes are exactly what a young person needs to change… Read more »

So I was convicted of CSC 4th degree in 2001, completed hyta, had record “expunged”… still had to register for the last 20 years. I know this bill isn’t what everyone hoped for, it does finally give me some hope.. so I can’t help but be excited for it. That being said, does anyone have any idea when hyta offenders will be removed? I check everyday, and am disappointed everyday to see my name still on there. I feel like I can almost start living like a normal person again.

Michigan ACLU says March 24th

To Patience in Michigan. Michigan ACLU says March 24th, and we should get a letter from MSP by then

@Same boat… you have stated that the Michigan ACLU says March 24th…what are you talking about? I have not heard anything about the 24th of March as related the Michigan SORA. Please explain what you mean and the source of your information. Thank you. Peace be with you all.

When the governor signed 5679 into law it goes into effect on March 24 of this year.

@Josh…thank you Josh for the information. I don’t believe we will receive “the letter” from the MSP, because that comes after Judge Cleland lifts his temporary injunction against the State, after he declares that the “covid-19 emergency” is over, in relation to our class action suit. And the judge still has to make his determination as to whether the State has fulfilled his requirements as to the constitutionality of the new State SORA law. Peace be with all of you.

BM@Quietman – the letter needs to come from MSP, not Judge Cleland. If you read his order it states the injunction will be lifted once there is no more “emergency” AND there are letters sent out stating what the obligations are going forward. The letters have been a contentious part of the ACLU’s motions with the state as well.

Josh was correct.

When I spoke of Judge Cleland making his determination as to the constitutionality of the new State SORA law, I mean, if, in his mind, HB 5679 has met all the constitutional issues that he told the State to remedy through legislation. We will see. If my legal logic needs correcting, please feel free to do so. I try to be open to learning. Peace be with all of you.

@BM…thank you for clarifying. Peace be with all of you.

@everyone. Just wondering if anyone else received a email from Tim at the Michigan ACLU, and what he had to say about what is going on so far. I would like to get your thoughts on what he told us all. Personally it sounds like more of the same, just more runaround. HB 5679, goes in effect March 24 , but I don’t think it should apply to those of us, that are pre- 2006 and 2011. The courts have spoken, the Michigan Legislature and Whitmer meds to be held accountable for their actions concerning this unconstitutional Bill.

I got that yesterday I dont know how to understand that one

Here is something in regards to the Paul Betts case.

Bobby S… I got the letter from Tim too. I guess it kind of spells out what was changed and what do you still want to see changed, stuff they’re not happy with or neither a week for that matter. I guess on the good side is they’re not giving up and we shouldn’t either and also on the good side is that the pre-2011 don’t have to go do the very address verification and it comes down from the judge. I don’t think it has anything to do with a covered it strictly because of the lawsuit and that’s… Read more »

Thanks Bobby, I missed that.
What freedoms will pre 1995s get back after March 24th?

Essentially if things remain as they are with 5679 and the judge doesn’t intervene or make a final ruling in favor of pre-2011 registrants then there is NO freedom with this new “fix”. Unless you count being able to attend events at your kid’s school, not being labeled by tier on the public SOR page, or a few other minor things. You will still be a registered former sex offender for whatever time you were assigned which for all of the former Tier 3s is LIFE…..

@Dr., That is a good question, probably not much from what I can piece together, I also am pre- 95 my conviction was 6-19-1992 way before a registry ever existed. So we just have to wait and see what the ACLU’s next move is, or hopefully Cleland steps in and does something before HB 5679 becomes law on 3-24-21

So, ex post facto and due process have no footing in the constitution as far as the legislature’s judiciary committee is concerned.

Does this hb 5679 have to get in front of judge Cleland before the state police send letters?

@Dr….. I personally don’t know what will or what needs to happen before March 24th. I don’t know that anything will happen before the emergency injunction is lifted? I don’t know if the ACLU can or will seek relief BEFORE the law goes into effect? The email from the aclu that many of us received the other night said that they were taking advantage of the injunction against sora enforcement to come up with the best strategy possible. As of two days ago there was nothing scheduled on the docket for a meeting between the court, state, & ACLU. If… Read more »

Thanks josh,

Interim Order Summary April 6, 2020. The Court previously ordered that SORA is invalid for pre-2011 registrants

I copied that off from Aclu Michigan sora, web page and I just wondered

5-10-93……30 days county, 4 yrs probation, no contact sense other than sora

Thanks Bobby,
Any idea how many pre-95 people are affected ?

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THIS WILL get somewhere! I’LL keep you posted!

@Brandon what is this about I’m lost

Hello everyone, I was in the hospital from Jan 26th until Super Bowl Sunday, I had to have major surgery. So my question is has anyone heard anything on the case lately?, or are we still in a stale mate, with no movement as of now. Thanks in advance, for any news or updates.

On the 27th, the court put out a notice that there would be a status conference on Feb 16th.
On the 28th, the ACLU asked for a judgment.
On Feb 8th, the state asked for more time to reply to the ACLU’s request for judgment.
Source: PACER.
That’s where they are as of Feb 12th.

Anonmi from are they having a conference for do you know by chance

All I can tell you for sure is that the court, (Cleland) has a phone conference scheduled for the 16th at 10 AM. There’s not a lot more in the notice than that.

And everything I listed, date wise, was taken from the Court Listener docket list for Does 2. So Court Listener / PACER is where that was sourced from.

And I am I… Did you get the letter from Tim at ACLU yesterday? He didn’t mention anything about the date you posted.

@AnonMi…..what case is this pertaining to? Is this for Does II or the Betts case?

Bobby yes… Welcome back and sorry to hear about the surgery but glad that it went well. Did you get the letter from Tim yesterday? I guess as it stands now we’re supposed to wait for a letter from MSP stating what we’re to do next. The new sora takes affect the end of March. Months ago when I called MSP they said that pre-2011 RC’s didn’t have to register right now because of the pending lawsuit. So does this mean that there is no longer a lawsuit… That the class action suit is over with?

Has anyone heard anything about what was said during the status conference on the 16th? I emailed Tim, but haven’t heard anything back from him. I’m really hoping that Judge Cleland gets pissed that they didnt make ALL of the changes that he ordered, and just removes all of us Pre-2011.

@Tawas…. No one seems to know much of anything and it’s been VERY quiet on all fronts. The aclu asked for a final judgement and the state requested more time as usual. I think we should expect a flurry of activity closer to the 3rd week of March when 5679 is supposed to go into effect. As of right now, the emergency/covid injunction is still posted front & center on the home page of the SOR and who knows how that will affect things? On a interesting side note: I did some checking and apparently there are some 8K non-compliant… Read more »

Finally heard back from Tim. Here is his response.

The conference call we had with the Court was basically just to figure out the briefing schedule for when the government will respond to our motion for final judgment.

Respectfully Tim P ACLU of Michigan SOR Specialist

So no exact dates have been made public?? 🤷🏻‍♂️

None that they are telling us about. I have to believe that Judge Cleland has a copy of this new BS law in his possession. And I also have to believe that he saw that they didnt comply with all of his orders. So therefore I’m hoping that he puts them in their place once and for all. I understand that the ACLU has their own agenda, ie getting rid of the registry altogether. However, I don’t understand why they can’t tackle that mess AFTER getting those of us Pre-2011 registrants the relief that we deserve. I’m NOT trying to… Read more »

@Tawas…..I think the majority of the Michigan contributors on this site are in the same boat. I know BobbyS and I are for sure. I couldn’t agree with you any more. Sadly, I don’t think the judge will do the right thing. I think he’ll pass the buck and force the aclu into more litigation and another class action. Continued litigation is the easiest path for the court and the state….NOBODY has to take responsibility that way…..I hope to God I’m wrong but I don’t feel good about any of it! Sorry for the negative viewpoint but most days that’s… Read more »

Guys – same boat here also. But our plight won’t end with Cleland or Does I / II. Michigan is going to argue its moot (ACLU motion says so). Cleland may or may not rule moot but he definitely cannot stop the new law from taking affect. It is possible that he will rule same as his injunction, yet the new law sets up a new lawsuit. So I agree with Josh. It sucks and the state “won” in my opinion. The fact they can lose a decade long fight, make a shit law that in some cases makes things… Read more »

Hey everyone so this whole mess has really made me really focus on my life I am building a race car I have 2 sponsorships all ready. What do you guys think I should do when the law changes in march because im worried I may loss them? What should I do? I know this sounds stupid. I am getting my car finished right now with the roll cage. I’m trying to give my kids and wife a good life. What should I do.

That’s awesome R33. Just keep going with it man. Remember that fear is the mind killer. All of the cages I’ve been in since my arrest were of my own creation. Good luck out there on the track.

I am one of the ones supposedly coming off, but although I should be excited, I can’t really go anywhere other than Michigan when it comes to moving. I wanted to go to New York, Hawaii, and even California to live. While I may be off Michigan’s Registry, I still can’t be free if I want to move. That was my goal. But do to stupid SORNA- which makes you report your whereabouts, I can’t move out of state without having to register all over again in that new State…..if they make you…..which they ALL do. They have that stupid… Read more »

If you are off of the Michigan registry then IML no longer applies. You can travel internationally without a 21 day notice. Just FYI

If that’s the case, why can’t someone who is removed move to another state and still be required to register under their scheme

You should be able to move to most states. Just need to confirm with each individual state their laws. I believe the only states you may have to register in are the SORNA states. (Florida for one) I think there are only 14 states that are SORNA.

For now IML would not apply to someone that does not have to register in the state where they reside and is not on any states registry.

@GRR…..Florida is not actually a SORNA compliant state. They are actually worse then the federal statute requires which is why they get the federal money. If those of us in Michigan who are supposed to come off the registry (and that is looking increasingly unlikely for Tier III’s) then I believe Paul who posted above is correct and we would basically have to remain in Michigan to avoid the SORNA requirements unless you found one of the non SORNA compliant states which are less then ten in number I think… If I have that wrong then somebody please correct me.… Read more »

@All… I should have checked my facts before posting but I looked up the states that have largely implemented SORNA and there are only 18 states according to the “SMART” webpage.

No longer being forced to register is a big change!

Sadly since the nature of the schemes has successfully been defined as civil in nature, we have to remain knowledgeable and aware of the laws of anywhere we choose to move/visit.

I have often thought that if conviction in California condemns me around the nation, then shouldn’t relief by California similarly grant me relief around the nation.

This is the current reality even separate from SORNA. Hopefully this will change for the better. In the meantime plan accordingly and if you do move/travel please seek legal advice.

@Interested Party… I’m in a similar spot and confused about it. I have recently obtained my COR and upon receiving it, thought I’d move to start fresh…up until I was advised that I’d likely be back on the registry for any state that I move to. I don’t understand how that’s even allowed. If we’ve been removed, how does another state have any say so over it, especially when your crime wasn’t even committed in their state. You mentioned also being careful when traveling…I was told that traveling shouldn’t be an issue at all, that only if you decide to… Read more »

Well,I guess come April 1st we all get to see who the joke will be on….. sadly

Are pre 2004 Hyta off the register now?

They will be on March 24

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