Changes to sex offense registry cause confusion in Michigan
It has been nine months since court-ordered changes to Michigan’s sex offense registry were made, leaving confusion about enforcement.
Michigan State Police are under an Interim Order and Injunction issued by the U. S. District Court for the Eastern District of Michigan that prohibits the MSP from enforcing registration, verification, school zone and fee violations of the Sex Offenders Registration Act (SORA). Therefore, “if troopers come across an offender who hasn’t updated his home address, they won’t go for an arrest warrant“; yet, local law enforcement agencies are enforcing the law.
Miriam Aukerman, ACLU of Michigan senior staff attorney, said that because of the confusion, people on the registry could be going to prison for a long period of time if they get it wrong, making way for more challenges to the law.
Aukerman said the legislature has not addressed the real problem, which is Michigan’s bloated registry of 44,000 people who have no way to be removed from the registry and have Byzantine requirements that do not protect families.
So here we have yet another case of a woman who was molested as a child by someone with NO SEX OFFENSE HISTORY, but somehow feels like keeping people with sex offenses away from seeing THEIR OWN KIDS GRADUATE is miraculously “protecting other kids”.
I hate to have to say it but this is how the majority of Americans think. And that’s why their little toy known as the sex offense registry is NEVER going away.
Maestro
I am surprised some brilliant jerk hasn’t submitted legislation stating anyone on the registry is not allowed to use a public restroom. I mean there have been millions of events by registered citizens on a daily bases taking place in public restrooms right?
I know it sounds crazy but that is the kind of thinking that creates new laws, ordinances etc. The create so many loopholes, exemptions etc. that we are bound to fall down the rabbit hole eventually.
And let’s not even talk about getting pulled over. You never know if you are going to get super cool ready for retirement cop or “I want to get a plaque with my name on it in the precinct cop”. I live life not in fear but as I am a normal citizen.
Occasionally I get harassed but luckily from being an ex cop, I give it right back at them and let them know right away they cannot out ” law enforce” me. Love it when they make up lies like “You are trespassing in the store”. I am sorry, could you quote me the statue that Publix wrote stating registry humans are not allowed on their property?
I had hoped to receive written notification outlining what the final court decision means for me as a registrant in Michigan by now, but haven’t received anything yet. That article quoted an officer as saying that everyone is operating on the same page now that the case is settled, but the new law was not written as a stand alone statute. It amended the old law, producing a hard to understand mess. Even lawyers will disagree on how to apply all of its rules. Police agencies disagree as well. How are those on the registry supposed to figure it out? October is one of my quarterly months to report in person. Hopefully I will get some WRITTEN guidance from my local sheriff department. But my advice to all registrants in Michigan is to go down to their local law enforcement office and ASK, and keep reporting all changes until they figure it out.
The comment about being on the same page was made by Kent County Undersheriff Chuck DeWitt, and he was only referring to the Kent County Sheriff’s Office.
I have heard from my local sheriff’s office that the confusion makes her job very hard. She wants to give registrants good info, but doesn’t know for sure what to tell them. Grand Rapids is located within Kent County, yet there is no assurance that the city police interpret the ruling the same way that the county police department does. And what happens when I visit friends and relatives in other communities in Michigan? The one thing that seems to be clear right now is that the school exclusion zones in Michigan have been done away with for ALL offenders. That is certainly good news for now.
Gee kind of sounds like 44k RSO’s in Florida suffer!
Maestro, that was one of the things that frustrated my group therapist while on parole. He had been working with paroled offenders for years, yet never came across one who went near a school to grab a kid and molest him or her. You are more likely to have a school employee molest your child than to have a stranger approach that child on school grounds. He said that in his experience, the molester was almost always a family friend or relative. Such laws simply stigmatize childred of parents who are placed on the registry. In my personal case, I lost out on several job offers where the businesses were in a s0-called school exclusion zone, even though children were never present at those businesses.
The thing with these “exclusion zones” and where people can live is that this was never an issue BEFORE the registry and for many years DURING the registry. Who came up with this and why? Did something happen to cause exclusion zones?
I didn’t hear about it. All I ever heard was the typical “feels good” false sense of security nonsense that it accomplished.
It would be wise for attorneys to bring up this fact that no such restrictions were around years ago and don’t need to be now.
Maestro
I am not allowed to live within 1000 feet of a school and yet, the school bus lets the kids out 40 feet from my front door. Then later in the evening and on the weekends, the kids play right in front of our house. In the 30 years since my incident, I have not kidnapped anyone, flashed anyone, said anything vulgar to anyone.
A deputy came by about a month ago and was talking real loud about making sure I keep up with my registry requirements. He knows for the 2000 years he has been coming by that I know that. I have asked him to please not embarrass me. Then he sits out in front of my house for like 45 minutes until neighbors start coming over asking me if everything is ok. NO, in fact everything is NOT ok.
I want to know why we have 50 Governments? So in One state the registry is punishment but in another of 49 remaining countries (50 states) that is the United states divided, nothing related to the registry is punishment?
Then in Michigan no one knows or cares what is going on. One guy that should be in prison is walking the streets freely while another guy didn’t registry this month because his attorney said it wasn’t necessary. Now a warranty is out of that un-named fellow.
Someone somewhere either needs to stop smoking a bong , get off the toilet, get their act together, take a shower and man / lady up.
We live in a country where in one state you can have window tinting on your car and then drive into another state and be told to remove it or go to jail? What have we become? Oh that is right, the laughing stock of the World. We use to be the inventors, creators, protectors, the most powerful, and now we are mocked.
Their is nothing United about the U.S except on a few occasion like the World trade center attacks , where for a few days we come together as one. Then sadly we go back to hating each other, fighting, holding people down and other depressing actions.
Cherokeejack, I agree with you. In an age when hunger, trade, environment, etc., have become truly international problems, the idea of individual states united under one flag seems to have outlived its original purpose. There is really no reason not to have a single set of criminal laws that apply to each state exactly the same way. The system does add employment opportunities for beaurocrats though, all paid for by taxpayers.
50 states are now competing who can make the harshest laws for the citizens of their state. Look at states that are suppressing voting rights because of last year’s election with no evidence of fraud; yet are doing it anyway. Depending on where you live most people can’t even pick out our country on a map, name the branches of government, name our founding documents, and name their members of Congress. All this happens when people aren’t educated about our country and don’t do anything to stop it. Citizens of this country are supposed to hold the power; but now government is in power over our lives.
My two cents opinion on a Friday morning.
All these so called preventative laws have done nothing except create confusion between the people living under these restrictions and those enforcing them. Legislators should of debated these bills before passing them quickly over little or no debate. They should of left things the way it was pre-registry, yet they had to show the masses they cared about the children from the imaginary monsters.
You do know that exclusion zones have been abolished, right? Michigan is over them.
Confusion is a big word or why did Cain kill Abel. Confusion is a basic element for those who don’t understand. Cherokee you’ll have to forgive me if I am a bit confused so who said, you do the crime, you pay the time. Next one will find out that everyone is naked.
Wonder who writes Graffiti on the walls whether a slur or sexual content or where is the confusion to find out the understanding. Seems to me confusion is counterproductive as in much of this Covid and even everyone is confused on that, whether to take a booster shot or not or does man live by bread alone and get sour dough and become moldy.
Sure this registry has some confusion to it or who has power over another? Today in this power hungry jungle of registry its like I will do everything in my power to see you live out your life with some ankle monitor or some form of punishment if thats the case.
Wonder who is wearing the mask today in big government.
Seems many can’t come together today and put things in prospective or are we living today in a don’t touch, follow the leader, can’t live close to schools, help children or even be around the opposite sex. So who is taking advantange of who in this registry confusion. Stand up and tell it like it is.Florida is just the same as any other state.
My opion is this internet has gotten many complexed in many ways. Some people live and breathe on computer gossip. One tell’s someone to get off your property one time that should be it and this Byzantine requirement sounds a bit of a barbaric futuristic ruse.
What gets me the most is where the article says “ Michigan’s bloated registry of 44,000 people who have no way to be removed from the registry”. This is what concerns me about our registry system here in Florida. There are soo many ways on how you can land yourself on the registry (for life) but yet there is no exit plan. There is no way off the registry no matter what you do, how you live, or even how low of a risk assessment you have to re-offend. Makes me feel like ex-offenders (yes ex-offenders) don’t get a chance at redemption and that’s a pretty crappy way to live. It’s not fair, it’s not right, and it’s not the way our judicial system was meant to operate or what it was founded on.
Manny
What I find odd is several posts I have seen over the years on here. One person said someone got removed from the registry but still has to register.
Then another story someone said they no longer had to register but were still on the registry. (Florida seems to not even remove dead people from the registry).
I often wonder if the confusion over what you are supposed to do is purposeful so they can catch us another charge. An officer will lie to trip you up and if you tell that to a judge, who do you think the judge is going to believe? Judges are also human and “some” of them think all people arrested are guilty even if they are not.
I think people do not realize the power police officers and especially judges have over your life. They hold the balance of your future with the stroke of their pen.
I took a traffic cam ticket to court. I found out the violations are viewed before a ticket is issued. The cops in the city I was in are the ones viewing the video. They issued me a ticket even though I know I stopped, it was just too far over the line. The judge asked me if I had anything to say before showing the courtroom the video and I replied “The truth will set me free”. The video show the light turn red as I barely crossed the line and came to a full stop. Ticket was tossed out. I had to pay $12 to park at the court house parking so they still got money out of me and took up my day to sit in court.
CherokeeJack
You are kinda special if FDLE has a special file on you. My file with FDLE involves the 5 years I lived in Florida and now my finger fully extended to the state that looks like a part of the male anatomy.
This article has inaccuracies. First, the injunction has already been lifted when the final order was published. Its just that some police agencies don’t seem to be aware of it or just don’t care. Either way, everyone has to at least report in on their scheduled month to avoid possible arrests. I went to the State Police post in Oak Park recently and was told registration was still voluntary, which is not true. To protect myself I went in with my cell phone camera on and video recorded the entire conversation, getting the Trooper’s name and badge number. He was extremely polite and accommodating about it, as it was my right to record, and told me he understands why I was recording. Normally I go to the records department in Pontiac, but they’re still doing appointments only and I cannot get an appointment that does not conflict with my work schedule.
You have verified what the article said — there is much confusion right now in Michigan. It is good that you are protecting yourself. Sometimes people get arrested because of the lack of knowledge on the part of law enforcement.
I know what you mean cherokeejack. When the boys in green come to do my resident check they sit at the end of my driveway with they’re red and blues flashing . I guess they don’t like the fact I have a closed ,locked gate so they can’t just pull up to my house . so they call me and ask me to walk out to the gate and bring my ID . I do they look at it say OK ask if anything has changed I say no they say have a good night I walk back to my house.15 minutes later they are still sitting in my driveway with they’re lights flashing .gee how long does it take to type check done ID is correct and leave ? There is no reason for them to have their lights on from the time they pull in to my driveway the easement up to the gate is long enough that they are not in the road or close enough that a car passing would hit they’re car so. I do understand them turning them on while backing out into the road that is a safety thing but not the rest of the time.
And its kind of funny I go do my registry thing and within a week they come do the check OK #1 if anything changes I would have reported it while registering #2 if they are worried about tampering with the ID why check right after I registered ? Why not Wait a month or so ? And really ? I have to register every 3 months so tampering with it would be known damn near right away so what would be the sense ? If they are wanting to see if my address Matches where I stay hmm its on my registration that it does they call me and I am at said address and I walk out to show them my ID so obviously everything is correct so what are these checks really for ? A chance to embarrass ? To make sure your neighbors know? Just to herass us ? I think its all of the obvious since it really serves no other legitimate purpose.
I had the same problem several years ago so I called and asked to speak to a supervisor and explained it was scaring my daughter and the neighbors, I never had the problem again.
Tim,
The Compliance Checks are getting out of hand; especially, when you stated that you had recently just registered!
-That is ridiculous, as you would have immediately reported any change(s) to your information, and then they sit in their Squad Car with the lights flashing?!?!1?…WTF!
Similar for me…In May they did a residence compliance check with US Marshals in Taliban-Like War Gear with AK’s etc; Their Sweep found 2 out of 50 not in compliance; one forgot to hand in his registration for his new scooter that he drives to work daily and the other one moved from the territory…..The Scooter Dude, they let go, but they hassled the daylights out of him….
Then 10 days ago, they stormed a Subcontractor for which I am retained and Luckily, a professional male from the DOJ escorted me around the corner of the building to ask if all my information was the same; Said I was in Compliance and then left (all with the US Marshals in full Taliban-Like Armory in the background)
And during these compliance checks (3 month period), 14 people have been killed on the streets here due to guns, drugs, and women!….nothing to do with ‘Persons Forced to Register’
HUMMMMM?!?!?!?!?
Truth
Have you ever heard of the term “Going after the low hanging fruit”? These so called Officers are bullies. I am not saying all cops are bad because I was in law enforcement and I tried to never step over the line. But I can tell you, it was not just the public that got bullied by cops.
I MYSELF was bullied by other cops because I would not look the other way while they stole from suspects, beat up the homeless for sleeping in a public area and other things that made me not sleep well at night. When I tried to go forward with my concerns, I was told those accusations would end my career.
Am I or was I ever a Saint? No, I am not perfect by any means and the fact I am in the mess I am in now is my own doing. But I know from experience many of these law enforcement agents who harass us get off on this stuff. I saw unspeakable things way back in the 80s that were similar to the George Floyd case. It was not always about race either, sometimes just because they were, as many labeled them, “Scum bags”.
Unless you have worked in law enforcement, you probably wouldn’t understand. These guys would get off of their shift and go to the bar and talk about the people who they beat up and laugh about it over beer or something harder. Then drive home drunk and beat their wives. When they got pulled over for being drunk, they got a free ride home because they were cops.
My point is, we are a “Perfect” target for some cops, Deputies etc. If we report them, we can expect the fires of Hell to come down on us so we put up with it. The deputy who comes to my house use to be pretty cool but the last few times he came around he seems to be less friendly. It is like they see registry as their paycheck so they are going to damn well make sure we stay on it. Much safer to pick on us who are not allow to own a gun than a random car stop that could be loaded with bad guys.
CherokeeJ….
…BTW, one of my uncles was a Mass State Trooper….He was a complete ass-hole….never liked him as he always gloated about beating up criminals and that everyone is a ‘bad guy’ when I was growing up as child….
What I do not like are the Compliance Checks….WHERE IS THE STATUTORY LAW MANDATING COMPLIANCE CHECKS…I CANNOT FIND IT ANYWHERE….WHAT IS THE STATUTORY CODE NUMBER?????
CAN ANYONE STEER ME TO THE STATUTORY LAW REGARDING COMPLIANCE CHECKS…THANKS
I might be very wrong about this, but IIRC it’s an FDLE directive.
Truth
Just like any walk of life, there are good and bad. Cops, teachers, lawyers, even pastors. There were cops who stood out to me for both VERY bad and a few who was AWESOME. The ones in between were not memorable.
Not all cops are bad but a lot of good cops become bad for numerous reasons. If you have compassion for people who come off as weak. I was told my being nice to people is “Going to get you killed”. I think a lot of cops lose their way and forget the motto “Protect and serve” goes both ways.
A final note. I use to really, really miss working in law enforcement. With all that is going on now, you couldn’t pay me enough to do it. Back in those days, I would have done it for free and did for a while before I got hired somewhere. Some departments hire what are called reserve officers and they do not get paid.
If you go through the police academy and do not get hired somewhere within one year, you have to go back through the academy. To keep your certification, cadets will work for free to at least maintain their accreditation until they are hired somewhere full time.
CherokeeJ….
I Went thru Paris Island, like EVERY MAN SHOULD GO THRU…
-then, maybe, they will realize the value of their testes….
….then, ‘they’ realized I could feed, the few, the proud….
What’s even funnier is when I first got out of prison I lived in polk county for 3 years 2 of which I lived in a home ran by a former probation officer the shift never did a complianc check on us I guess they figured that probation coming to our house was enough. Then I was homeless for a year living under a bridge I only had the shift come 1 times. But still had probation coming. I moved to another county been here 2 years and the sheriff comes out every 3 months like clockwork right after I go register and still have probation coming out I guess this county don’t trust probation to know where I live ? Lol
I have a question for you cherokee when you were in law enforcement what was the protocol or authorized uses for you to use your overheads ?
Tim
During a pursuit.
While performing a traffic stop
While pulled over to assist a stranded driver
while at an accident
During a parade
While blocking off a closed road or other construction
There are a few more but will end with this one below….
And the best one, when you have to go #2 really bad and need to run all the lights (I won’t admit to doing that but…………LOL)
Putting them on at a registered persons house for no other reason than to draw attention to the home owner is a real DI CK move.
Thank you for the confirmation cherokee that’s what I thought as I said in my other post I understand them using them backing out since it is a busy road and its a legitimate safety precaution . I have known a lot of officers many of them have been good men a few that were not.I have some who still consider me a friend even after my incident so I agree 100% with you just like in any profession there are good and bad I judge on the individuals actions not the uniform or job they choose
MY MOTTO IS DURING COMPLIANCE CHECKS IS TO..
HAVE A SPRAY BOTTLE OF DILUTED GHOST PEPPER CONCENTRATE ON HAND…
BY LAW YOU CAN SPRAY IT IN THE AIR, IN YOUR SCREEN WINDOW TO ‘AVOID THE FLIES’…
THE FLIES ARE THE LEO’S…AND THEY WILL FLEE, QUICKLY…IT IS LEGAL!
IT IS YOUR LEGAL DEODORANT!
‘TRY ME, MEH SON’
Yeah not sure about the legal advice presented here.
Truth
I usually enjoy and respect what you write. However doing what you stated, to me sounds a lot like a battery on law enforcement charge.
Don’t want any of us to get another charge. We need all of us to overcome our oppression, but by putting a black eye on our cause.
Just my two cents worth. Advice is free, making bail is not.
I also just realized all it takes to go from Ex cop to Ex con is changing one letter.
You are right Cherokee. But also the fact that sometimes a good cop may take action that others see as wrong weather it be the public or the department . with today’s atmosphere it only takes one bad cop to give the entire department a bad rep. Look at LAPD years ago they had one of the worst reputations. But I had several officers help me and my co-driver in a situation where our semi matched the one that was involved in a crime ( no it was not us that was involved lol). My co driver was black I’m white only one of the cops was being an ass but the others who showed up told him to back off. I looked at it as they were decent officers however my co driver was like NO they are all trash didn’t you hear how the one cop was acting ? He couldn’t see past that bad apple to see the other three that were good
Words of a wise man cherokee I was thinking the same thing they would consider that a weapon and they would say it shows we are all violent
Indeed, an officer could consider that an assault, and pull his gun to defend himself. Maybe the comment was meant as a joke.
So i just got home after having an interesting conversation with a sergeant at the Oak Park State Police post. I had noticed some incorrect information on my name and went in to get it corrected, however, it couldn’t be done today because they only do SORA up to 3 pm, and it was 3:30. Anyway, he told me verification is still voluntary. I said I thought Judge Cleland’s final order ended all that and he said there was an executive order from the Governor making it still voluntary while Lansing makes some changes to the website. He also told me that if I’m pre 2011 I don’t have to worry about any mistakes on my info because, and I quote his words, “pretty soon guys who are pre 2011 won’t have to do it any more.”
He told me he will look for the memo from the governor and to stop by tomorrow before 3:00 and he would give me a copy.
Now, I don’t know what’s going on because there was nothing in Cleland’s final order that says pre 2011 are coming off the registry so I’m not going to get my hopes up. It is interesting though when I told him there’s certain things that pre 2011 guys don’t have to do any more, but he told me Lansing was working on getting us removed. I don’t think that is something he would make up, but I’m certainly going to keep my eye on things. It kind of makes sense how when I look myself up sometimes that I am not listed, then a few days later I am, then later I’m not again.
I don’t have any more information right now, but once I get a copy of that memo, I will post it.
To Disgusted in Michigan,
That’s good preliminary news to me. I can see the possibility because, as Judge Cleland had pointed out, the Michigan Legislature failed to write the new law with a specific statement that it would be retroactive. I report to my local Sheriff in October. I will certainly pass on what information I receive from there.
Gerald, please don’t take it as news. I’m just sharing an interesting conversation I had with the Sgt. I remain skeptical about it all, but it was very interesting, especially since I didn’t detect anything misleading in his tone. He seemed quite sincere about it and I’m a pretty good judge of character.
Time will tell.
Disgusted
It is not a matter if he was telling the truth, it is a matter if he has your back if he was wrong. Many cops will lie to their own Mother if it means saving their career or causes discipline in their files.
I went to my local sheriff to update my Michigan registry info on October first. Didn’t get any definitive instructions on what’s required under the court’s final ruling. I was told that they hope to have better information by my next report month, which is January. As always, registrants AND enforcement people are left mystified by the confusing law and what parts of it will be applied against any particular person. I’m sure that by the time they sort it out, new cases will hit the courts challenging the new law.
11/17/21, I finally got a letter from the Michigan State Police about the final decision. The short answer is that we DO have to follow the requirements of the new Michigan SORA law, unfortunately. You can read it here:
https://www.aclumich.org/sites/default/files/field_documents/english_notice_for_registrants.pdf
Also contains other informational links:
https://www.michigan.gov/documents/msp/SORA_Notification_720161_7.pdf
https://www.aclumich.org/sites/default/files/field_documents/does_betts_info_packet_9.13.2021_final.pdf
https://www.oliverlawgroup.com/michigans-sex-offender-registration-act/
Of course, the ACLU is planning to challenge the new SORA as well, but very little has changed for me. It’s nice that the school exclusion zones were eliminated, but I and others will continue to be treated like lepers by society.
Gerald
So from reading this, basically everyone still has to register just with some new rules. The court agrees with ex post facto prosecution but NOT the ex post facto application of the registry? UN-freakin-real.
The Michigan case was supposed to be the case of the century for us. But the justices folded and called our bluff. Seems all that was accomplished was for them to say, all your past sins on the registry are forgiven, lets start over fresh on a new registry that is really no better for our safety than before?
Yeah. 10 years of fighting in court and we don’t have to provide email addresses and our tier levels are no longer made public, yet I and others are still being retroactively punished by the 2011 amendments changing us from 25 years to life.
Whoopty freaking doo.
My mother is Ukrainian, and I have a lot of family over there. A permanent vacation is starting to sound really nice right now.
Disgusted
Isn’t funny we are supposedly the “United states”, and yet, Michigan is doing the right thing for retro activated citizens. But other states like Florida, where I live, They state we have to be on the registry even after we die (TRUE statement). God forbid we come back from the dead and commit another offense.
Also the courts in one district agrees it is punishment and another court tip toes around the subject by merely saying “The registry was not “Meant” to be punishment.” Well I am not sorry to tell you judge, come walk a month in our shoes and tell us it is not punishment. (Their reply would be something dismissive like “Our hands are tied”)
Cherokeejack, they would definitely agree then that it is punishment and would be trying everything to get themselves removed.
That’s straight up BS how Florida runs things. I hear that if you just come visit for a couple days, they put you on their registry. Remind me to never to visit Florida.
At conception the registry wasn’t considered punitive or punishment; however the registry and restrictions have gone full insanity. All these laws are ridiculous and people need to start pushing back before it’s to late. No I’m not advocating violence!!
Brandon
Your words
“The registry wasn’t considered punitive or punishment; however the registry and restrictions have gone full insanity.”
My Words
And they are not done adding more restrictions because they can get away with it. I cannot even image what horrible thing they might do to us next. I have seen some registration places requiring us to pay a fee to register. Isn’t that exactly what we had to do on probation? Cops coming to check on us, Probation. Restrictions on what we can do and where we can live? Probation
CherokeeJack
Lifetime and death probation for those of us on Florida’s registry. I never committed a crime in Florida and currently live in another state, but I’ll always be linked to Florida because of the 5 years I lived there and I have no desire to go back. This is a relationship I don’t want and it’s worse than having an abusive partner. The day Florida’s monies dry up will be justice served!!
Hey cherokee here’s an idea if every time someone harasses one of us because of information about us on the internet or the notification system we should file a lawsuit against the state of Florida for facilitation of the harassment due to them putting the info out there that led to the problem. I think if it started happening alot the media might get involved and people would see the registry is nothing but state sponsored harassment
Tim
My biggest issue is, we have 50 states that have 50 different rules, laws, statues, restrictions etc. One state judge rules the registry is punishment or that it cannot apply to anyone who had pre registry arrests. Another judge rules nothing related to registry is punishment.
They say this info can be accessed by going down to the court house and looking it up so it is not punishment? Excuse me. Then why not leave it the way it was. Why sentence us to a life time of probation like registration requirements that lead to harassment, pain, depression and on occasion death by violence.
Too true my freind