UPDATED: Enforcement of Michigan Sex Offender Registry “On Hold”
A Member has provided the following guidance from the ACLU: interim_order_summary_april_6_2020
Between COVID and the a case pending in the Michigan’s Supreme Court, “from February 14 2020 through pretty much most of 2020 SORA obligations were not enforceable,” said Joel Martinez, Ingham County’s Assistant Prosecuting Attorney, in this article.
What we’d like to know is; has the instances of sexual assaults gone up now that enforcement of the registry has been on hold for more than a year? Have there been more children abducted from the streets? Are more people who ordinarily would be registering out there committing sex offenses?
If the answer is simply that nothing has fallen off a cliff and persons who would have been forced to register are not re-offending at higher rates than before, perhaps it’s time to reconsider the utility of the registry entirely?
I believe there are already studies showing the registry has had no affect on number of sexual assaults, child abductions, or any other metric lawmakers and the courts have used to enforce these ridiculous laws.
Let us know if you find the answers to the question, or if you. Can even find someone who would be willing to check into it.
Amen
Yeah – I’ve been saying this for several months…
“ We’re going to wait on enforcing SORA violations until that motion is resolved,” Martinez said. “That will give us the green light to say okay, go ahead, business as usual. ”
That is exactly what it has always been. A business. Creating jobs, profiting from it and all at the expense of people’s civil and human rights.
As a current registrant in Michigan, I can tell you that the Michigan State Police DID mail out notices to registered sex offenders in March informing them of their duties under the new law. I DID go to the local sheriff’s department to update my information in April, which I am required to do 4 times a year. The ordinance officer, a very kind and polite woman by the way, explained my requirements under the new law. The only thing she said was on hold is the $50 per year registration fee pending court ruling. I STRONGLY ADVISE ALL MICHIGAN REGISTRANTS TO CALL THEIR LOCAL LAW ENFORCEMENT AGENCIES AND ASK THEM, RATHER THAN ASSUMING FROM NEWS ARTICLES AND RUMORS, IF THEY HAVE TO REPORT IN PERSON TO UPDATE THEIR REGISTRATION. The actual changes are minor, and do not truly fulfill the required changes outlined in Does v Snyder, namely that the state may not make retroactive changes to the law. My information is still public, even though it was not when I entered my plea. They actually made a couple of changes that are more onerous than the old law. Used to be that you had to register vehicles that you REGULARLY use. Now you are required to register ANY vehicle that you use. You also have to register ANY phone number that you use, even at your place of employment. The new law does eliminate registration of email addresses and internet identifiers, but only if your crime was committed before 2011. I anticipate many more years of litigation, because the new law is still unconstitutional.
If by “utility” you mean the stated purpose of the registry then of course your acertion to end the useless registry would be the reasonable course of action, however, if by “utility” you mean what the registry was actually designed to be ( a vote getter for politicians), then well…..good luck.
Maybe the Fed. Gov. is tired of paying out big bonuses to the states for complying, and local Gov. probably realizes it is costing them more then it’s worth. I want to stay positive and hope registrants will also. We can’t give up HOPE !
Gerald:
The registry is on hold and has been on hold since February 14th, 2020. Some agencies are still compelling persons to register in direct contravention of the court’s order.
Some aspects of the new law directly conflict with the various court rulings and may be dealt with in the final order.
For current information, go to the ACLU of Michigan’s website.
I would post their info on the registry being on hold but don’t know how to download them onto this site. Maybe FAC can do it.
Are you aware that Michigan passed a new registry law in response to the order? Registrants aren’t free to ignore it, even if ACLU’s still fighting it.
I agree with registrants who point out that the new law is a lot more of the same and vulnerable to challenge. But there’s no pending “final order” at this time. Until the state tells them they need not register anymore, they take a risk in not doing so.
But don’t just take my word for it. ACLU:
https://www.aclumich.org/en/sora
THANK YOU, JACOB!
We don’t want to see people getting in trouble over false information and rumors.
The Michigan State Police is the agency that is tasked with overseeing the sex offender registry in Michigan. The ACLU cautions on their website that they post information for helpful advice, but that it is not legal advice. Here is the link to the OFFICIAL information on the State Police website. You will note that it says in bold letters, “These changes take effect on March 24, 2021.” The ACLU from the beginning of the court rulings in the Michigan cautioned people to continue complying with whatever the law enforcement agencies required.
https://www.michigan.gov/documents/msp/SORA_Notification_720161_7.pdf
If the police arrest you and charge you with failure to update your registry as the new law requires, and you are convicted and sent to prison, even any new court decisions on this case are not going to automatically get you out. You would have to file an appeal to get the conviction overturned. It’s just not worth taking the chance!
Again, I urge all of my fellow registrants in Michigan to go down to the law enforcement agency where they normally report and update their rwgistration, or obtain a signed and dated statement from them that you are not required to do so at this time. Michigan ignored the Does v Snyder ruling for a long time. This state is not beyond playing with and ruining peoples lives for political purposes.
Jacob/Gerald:
The trial court has yet to issue a final order in Does II. YES, THERE IS A FINAL ORDER PENDING!!!
I am more than aware of the recent legislation that passed. Portions directly conflict with the court’s orders and the ACLU and the Oliver Law Group will be dealing with this in the final order.
The ACLU is recommending that all registrants continue to comply with SORNA until a final order is issued. This litigation will take thousands off of the registry once a final order is issued. This is a lengthy process and will take years to complete.
Yes, there are some local agencies forcing persons to register in direct conflict with the court’s interim order. Whether you choose to comply are not is your personal decision. FAC has now posted a copy of the interim order. If you are charged with an FTR in Michigan, all you have to do is provide your attorney with a copy of this order.
Gerald:
You are incorrect that you can be convicted of FTR during the pendency of the court’s interim order. If you are charged with an FTR and your attorney files a motion to dismiss, the only thing the judge can do is dismiss your case. If you are arrested for an FTR in direct contravention of the court’s interim order, you may have a claim for false arrest.
The ACLU recommends that all registrants remain SORA compliant until a final order is issued. This is prudent advise. Whether each registrant continues to register or not is an individual decision that each registrant has to make.
I fear you may get a Michigander in legal trouble with such advice.
The court issued an order, and the legislature responded. There’s nothing more for the court to do until someone files a motion challenging the new legislation. How the court will rule on that future motion is not knowable in advance.
I am absolutely with you, Jacob. Such advice is dangerous.
I’m sorry, but your advice simply stinks. You are making the assumption that all offenders can afford a good attorney. Most cannot. Moreover, it is the State Police that oversees the registry, not local agencies. I wouldn’t risk a single night in another stinking county jail in order to try to prove a point. The new law was passed by the Legislature and signed into law by the Governor. It is a brand new law! It will have to be challenged on its own merits. Do you really think that all Michigan state Judges care whether the new law is constitutional or not? The law is on the books. Until it is struck down, police can enforce it, prosecutors can convict with it, and judges can sentence with, and any claims of false arrest will get you nowhere. Again, Does v Snyder struck down the old law as unconstitutional. This is a brand new law that hasn’t been ruled on by either the Michigan Supreme Court or the federal courts. Every unconstitutional law leaves a large number of people incarcerated, sometimes for years. The Michigan State Police told registrants what to do. The ACLU told Michigan registrants to comply. It’s as simple as that.
Jacob/Gerald:
I am not giving out advice. I am simply stating the facts. Clearly, neither one of you are following the court decisions. You are also misstating the facts and point of my post.
The interim order is in effect and it covers more than just the fees as you state. Read the ACLU statement on the interim order posted by FAC above. The order clearly states that MSP must immediately stop enforcing registration, verification and enforcing school zones (which no longer exists) in addition to stopping the collection of fees. And yes, if you are arrested for an FTR during the pendency of the court’s order for an FTR you may have a valid false arrest claim.
I come from a family of soldiers who have long fought for our rights on the battlefield (not just the rights of sex offenders but the rights of each and every American). Some people choose to be cowards in their lives. Others stand up to injustice and aren’t afraid to be thrown in jail for their beliefs (i.e., MLK). The only advice I am giving you is to be a man and stand up for your rights. If you choose to cower and hide with your tail between your legs, that is your individual decision. I have learned never to back cowards in life.
If you choose to stand and fight, I and others will stand behind you. If you choose to bury your head in the sand at least get out of the way of those who are fighting and stop trying to confuse people with your inaccurate posts.
I cannot respond to each and every one of your diatribes. Read the case law, court orders and legislation before you post.
Point is right on Detroit. Seems like a letter from Michigan ACLU attorneys to the Michigan State Police informing them that any enforcement actions against RP pursuant to the courts order will be met with a civil suit pending dismissal of the original charges for FTR would be a good shot across the bow warning LE to obey the law.
Court has issued no order re the new law. ACLU’s in no position to tell state police what to do if they haven’t even filed a motion, yet.
ACLU can (and should, and will) ask the court to enjoin state police against enforcing the new law, but there’s no guarantee court will grant that injunction. The state police know this.
The Michigan ACLU lawyers are the ones handling the case. Please actually READ what they are currently saying about the new law. “The courts have not yet decided whether the new SORA is constitutional, which means the state can make you follow the new law until there are court decisions stating otherwise.”
They know the law. When they caution that the state CAN make you follow the new law, accept the fact that they WILL make you follow the new law, and they WILL arrest and prosecute you if you don’t. The ACLU will NOT step in to help individuals who decide to ignore the requirements of the new law and end up in jail. Contact the ACLU yourself and ask them. This is not just a debate over who is right. The correct current information is right there at the ACLU’S website and the Michigan State Police website for everyone to see. You don’t risk imprisonment when the alternative is simply spending a few minutes answering questions at the local police department.
No, Detroit, you are the one spreading outdated information. That order you are referencing was from April of LAST YEAR! Look at the link from Jacob’s post to the CURRENT information on the ACLU’S website. They are advising registrants to comply with law enforcement on the newly enacted law or risk imprisonment. There were other threads on this forum last year and before following the progress of Does v Snyder. You aren’t helping people by not giving them the whole story. That’s what Jacob and I have been doing, because we don’t want to see others get in trouble with the law. You seem to be the one hiding his head in the sand. I don’t like the registry. I don’t like my name and information being there for the public to see. I don’t like reporting in person 4 times a year. But I have been following the court decisions and legislative actions closely, every day. Go read the CURRENT advice on the ACLU’S website. Read the directive on the Michigan State Police website. Go read the new law itself. Citing that April 2020 pdf from the ACLU to somehow prove a point is pathetic. The State Police didn’t enjoy drafting and mailing letters to every Michigan registrant. They did it because it was part of that interim order. When they sent the letter to me, I knew that it was time to resume in person reporting again, BECAUSE I READ THE JUDGE’S ORDER MANY TIMES.
I also want to add that I don’t appreciate being called a coward. I spent 12 years in prison for my crime, with much of that time spent defending the little guys who the thugs preyed upon. Your idea of courage is actually stupidity. The ACLU’S lawyers are continuing to work on the case. You don’t prove anything at this point by going to jail to stand up for your rights as you see them. Too few people care about the rights of convicted sex offenders to make a difference. Too many people would like to see us locked up forever, or even reinstate the death penalty against child rapists. You are never going to see crowds in the streets protesting the violation of the rights of convicted sex offenders. Real courage is shown by gritting your teeth and obeying the current law, even though you don’t agree with it, and wait for the lawyers and the courts to resolve this.
Not the 1st time I’ve seen you call ppl on here cowards for disagreeing with your version of the facts.
Let’s remind everyone of our member code of conduct. This is a deeply personal and frustrating issue, so lets try to move on.
Was not replying to Jacob… it was a general comment. Certainly not a response.