MI: Senate approves tightened restrictions in Sex Offender Registration Act
The Michigan Senate voted Wednesday to codify court-recommended changes in the state’s Sex Offender Registration Act.
The legislation now only needs Gov. Gretchen Whitmer’s signature to become law.
State lawmakers approved altering registration protocols for sex offenders during its Wednesday session, fulfilling a 4-year-old mandate from the U.S. Court of Appeals.
The federal court ruled in 2016 that it was unconstitutional to impose new restrictions on people convicted before the state’s Sex Offender Registration Act was updated. House Bill 5679, sponsored by Rep. James Lower, R-Greenville, addresses that problem and was approved in the Senate by a 21-17 vote.
[FAC COMMENT: Wanna bet this winds up back in court?]
“Law enforcement personnel who willfully fail to periodically report on offenders would face a penalty.” That is surely an incentive for abuses of power written in the bill
“Law enforcement personnel who willfully fail to periodically report on offenders would face a penalty.” Really?? I’m not on paper any more. Wtf
They penalize registrants for failing to report anything they have to report. So now they are penalizing Law Enforcement for the same things ?
“We want to be fair and proportional, but we also want to protect the public.”
Which is it? You either want a registry or you want to protect the public. Resigtries only shame. Registries protect no one. If you wanted to be truthful, you want a registry for 3 reasons:
Shaming.
Informing/inciting the public and being political.
Federal dollars.
Looks to me like they only made the conditions worse.
It can go back to court all it wants, in the mean time the damage is already done and won.
Let’s fix the unconstitutional with even more unconstitutional. Putting my head down nodding while deep ” sighs ” come out of me.
The changes aren’t “court recommended”. In 2016, Judge Cleland gave the legislature time to correct the unconstitutional aspects of the registry believing this could be done within a matter of months. Over the years, I have read thousands of cases and this is the first and only case I have ever encountered where the judge gave the state legislature time to pass legislation to correct unconstitutional conditions.
Judge Cleland didn’t “recommend” or in any way approve of any aspect of this legislation. The legislation was drawn up by legislatures trying to dance around what the courts found unconstitutional in Does I. The legislature fails to address Temelkoski and all of the other court decisions that found various aspects of the registry unconstitutional. The previous decisions only sought injunctive relief and attorney fees not monetary damages. These decisions open up the possibility of monetary damages in future litigation, so there could be some political backlash if registrants start to win money judgments against the state.
In order to comply with these various court decisions, the legislature must totally give up the idea of forcing persons whose offense date predates July 1, 2011 to register regardless of whatever state they were convicted in. Michigan had the misfortune of having Bill Schuette as AG throughout the Does I litigation. Does I should have taken almost all pre July 1, 2011 off of the Michigan registry, regardless of the state of the offense. Schuette, being the ass that he is, took the stance that this wasn’t a class action so only applied to the named plaintiffs. Judge Cleland, being the ass that he is, allowed these unconstitutional conditions to continue except for the named plaintiffs and hence, Does II to enforce Does I because Judge Cleland refused to apply Does I to all of the affected registrants. Fortunately, in 2018, Michigan elected Dana Nessel as AG, who took the surprising stance of wanting to remove most registrants from the registry. She appears to be content to allow this to play out in court so she suffers no political fallout from any court decision. The bottom line is, that Does II is a class action so affects everyone in some way who is on the registry and almost everyone whose offense date predates July 1, 2011, regardless of which state their conviction is in, will be removed from the Michigan registry. Persons whose offense date predates July 1, 2011 who have a felony convictions separate from their sex offense conviction that occurred on or after July 1, 2011 will remain on the registry due to the “recapture” provision. We haven’t gotten to that issue yet. Almost all registrants whose offense date predates October 1, 1995 are off of the registry today. When Does II becomes final, almost all registrants whose offense date predates July 1, 2011, will be removed from the registry. The remainder will be dealt with in future litigation. There are those on this site that disparage me saying that this will not occur in their lifetimes. We will see in a few months if they relocate to Michigan to get off of the registry or not. If they remain in a state that requires them to register, then being on the registry isn’t that important to them.
We anticipate that persons who have offense dates predating July 1, 2011 will be moving to Michigan to get off of the registry in Michigan once Does II becomes final and have been developing arguments in case that becomes an issue and will forward those arguments to Miriam Aukerman if removing out of state registrants becomes an issue (unlikely with Dana Nessel as AG). This is a simple issue to win, i.e., see Hope V IDOC, Indiana District Court, S.D. 2017.
Also, note the close 21-17 vote. This is thanks to the ACLU’s effort in educating legislators about these laws. This is why it has taken Michigan more than 4 years to pass any legislation. Thank you ACLU!!!
Detroit
I would move from Florida in heart beat but taking care of my elderly parents are more important than registry issues to me. Am I saying I don’t mind being on the registry? Hell no but my priorities are my family.
Also I have lived up North before when my father was in the military and we lived on lake Michigan. You could not pay me enough to live in Michigan in the Winter.
I am praying for some wins here before I go into a nursing home but not holding my breath as my health continues to decline.
“before I go into a nursing home” Please let us know which ones will take us. I can’t find any. Thanks
Cool news!
Detroit: I’ve see your posts on here I’m a registered citizen in new York I had couple questions for you about Michigan registry I’ve considered moving out to Michigan and just had couple questions about Michigan and stuff is there a email I can contact you at and exchange phone numbers or something ?
What’s the over/under on the likelihood of Gov. Whitmer signing this bill?
I assume she doesn’t want to be known as “the governor who let our sex registry die.”
Also, did I read here that the same legislative session made OTHER offenses (including Ron Book-type crimes) eligible for EXPUNGEMENT? They seem to be going in opposite directions, depending whether or not the offense is of a socially acceptable type.
I’d say likely. The same as I’d say it’s likely to go back before the judge who will likely say, “are you kidding me? I already told you…”
The one interesting fact was that it was a 21/17 vote. Usually a “sex offender bill” will pass unanimously because anyone voting against it would be accused of promoting pedophilia or something similar. In this case there was clearly some opposition to it and I have to believe that after so many rounds and a trip to the Supreme Court and back, some lawmakers must not want to be throwing good money after bad at a losing battle.
Jacob:
Don’t worry if the bill passes or not. The die has already been cast. You have to remember that the Does litigation isn’t the only litigation affecting registrants. You have to remember that registrants have won in various state court decisions and other federal court decisions. Either you are affected by one of these decisions or you are not.
Once Does II becomes final, MSP will be forced to remove more than 10,000 people from the registry. Bill Schuette only delayed the day that is inevitable, the mass removal of thousands of registrants from the Michigan registry. Bill Schuette is no longer AG. In 2018, Michigan voted Dana Nessel in as AG so Schuette is now out of the picture. Dana Nessel supports removing most persons from the registry. Dana Nessel is gay and old enough to have faced discrimination so may be opposed to the registry in it’s entirety. If she is opposed to the registry in it’s entirety she can’t make this known because she is a publicly elected individual. Simply opposing the registry vigorously in court as she has done involves incredible political risk on her part. She has been remaining silent since because she probably plans to run for re-election in 2022. I believe she plans to stand by silently and allow the court to make a final decision in Does II without further dragging out the process. That is why I am hopeful that Does II will become final in 2021 or 2022 at the latest.
Don’t expect clarity when Does II becomes final. MSP will be forced to make thousands of determinations as to who is to be removed.
Part of the equation is that the ACLU drew the worst possible judge. Any other judge would have made Does I final and there never would have been a Does II and thousands would be off of the registry by now. Cleland was a hard ass as a prosecutor and has been double a hard ass as a federal judge. I am sure finding aspects of the registry unconstitutional was very painful for judge Cleland. What is more painful for him is that the 6th Circuit said he didn’t go far enough so now he has to enforce parts of the 6th Circuit’s decision that he doesn’t agree with.
Judge Cleland will issue a final decision in Does II. Knowing Judge Cleland, he will give MSP months to comply that could turn into years. So rather than thousands being removed en masse, registrants will be removed in dribbles. Registrants with money for an attorney will be able to move to the front of the line. Registrants without money will have to be patient.
Registrants not affected by Does but other court decisions will be demanding to be removed as well. Registrants from other states seeing registrants being removed from the registry in Michigan will be moving to Michigan to be removed from the registry. The ACLU has already won in Indiana in federal court on the issue of treating out of state registrants the same as in state registrants (see Hope v IDOC, Ind D.C., S.D., 2017). Hope is on appeal to the 8th Circuit. Even if the 8th Circuit overturns Hope, there are other arguments for the ACLU to come back with.
All of this is confusing and will be confusing for several years. The only two things that are certain are that Judge Cleland will issue a final order no matter how painful it is for him and that registrants with money for an attorney will be in the fast lane to removal from the registry. After all of the kinks are worked out, thousands will be off of the registry in Michigan.
If you want justice don’t expect it from a broken excuse of a justice system. When the crazys run the insane asylum expect a crazy asylum.
Cherokee Jack:
If you read the 2009 Indiana Supreme Court decision in Wallace, the Indiana AG said the Indiana Supreme court case would lead to a flood of registrants moving to Indiana and this argument has been argued in cases since. Where is the flood?
Granted, the Michigan decisions are far more sweeping and will remove perhaps 70 to 80% of the people on the registry but I am not expecting a flood. At best I am expecting them to trickle in and only after they see people actually being removed from the registry which is still about a year or two out.
It’s difficult for people to move 1,000 miles from home and family. Even if Georgia started removing registrants tomorrow, I bet no more than 10% of registrants in Florida would move 300 miles to southern Georgia to be removed from the registry and it would only be a trickle over many years. I can see a registrant in Tallahassee saying, “I’ll move to Valdosta for that”, because they are still only an hour away from their family and lifelong friends. But will someone move from Miami to Valdosta?
I own several properties and do rent to persons on the registry. I will be starting a homeless shelter for registrants in hopes that some of them will eventually move into one of my properties. Of course I can lose my shorts on that but I’m willing to give it a try. I’m going to be setting up a website in a few months. I already reduced the rent for a registrant in exchange for doing my computer work for me. It’s too time consuming to try to determine if someone is required to register or not because you have to look at the facts of each case, the law in effect at the time and read all of the different court decisions. To do that, I am talking to attorneys to see if they would do it for a discount if I can drum up enough business. I already own a house I will be remodeling into an office so I can hire capable registrants to do the legal research if this thing pans out. I am also in negotiations to buy acreage with over 400′ feet of water frontage with cabins on it. If that deal goes through, 2021 will be a very difficult year for me. I fell off of a ladder in July 2019 and lost most use of my right arm so I had to buy a bucket truck so I can work on my properties. Currently, I don’t have anyone reliable to help me. I first hire renters if they’re capable but don’t have any renters with experience.
The only bad 2 months in southern Michigan are January and February. As you know already, a white Christmas isn’t guaranteed in southern Michigan. In the U.P., the months to avoid are December to March. The ball should start to get rolling on Does within the next year or two. If after things get going and if you want to escape the heat in the summer let me know. My parents have had property in Florida since the 70’s. My dad couldn’t deal with the heat and returned to stay in Michigan until he died. My mom stayed in Florida and died in Hudson north of Tampa in 2007.
I was looking at property in Florida a few years ago because I still have family there and my brother wants to head south in the winter. I ride motorcycles and have been a member of ABATE for about 40 years. It rains a lot in Florida, so I’ll probably will wind up with property in Texas or New Mexico if I live long enough. I’ve spent winters in Mexico since the 70’s but Mexico has gotten dangerous so looking at U.S. property was unexpected. Last year we had to put my younger sister in a nursing home, so it is questionable how long I will last. I hope I don’t croak too soon because I still have a lot to do to make sure my grandchildren and great grandchildren have something when I go.
Detroit
There is a guy I see on occasion when I register. He over time, bought an entire neighborhood and rents to about 75 guys on the registry. They have a community van to shuttle the men to register in groups.
They stated the sheriff’s office loves this idea because they do not have to do address checks all over the county but for these 75 men they can check on everyone within 2 hours time as opposed to a week tracking everyone down. (If they are home at the time of course).
It’s about what I expected from the Michigan Legislature. They have also been teasing inmates and their families for years with talk of restoring good time credits in prison. Every time such a bill is proposed legislators revise it over and over again until it is useless. This bill in no way satisfies the changes called for in Does v Snyder. It will be interesting to see what the Federal Judge has to say about it.
The removing dross guy’s website in Florida is expired. Does anyone know if he’s still in business? I think he is out of New Port Richey.
This has nothing to do with this issue but I want to say this , I can not do this no more! So I hope that with me leaving this world behind I hope I will see a better life. I’m through with this I can not do this no more see you in the afterlife
Donald
Please do not talk that way 🙁
We all most of the time feel like it is a hopeless cause. When Moses led the Israelites towards the promise land, it took a long long time. Some did not survive the journey. But those that did, ushered in the fruits that God promised.
Unlike most of us, none of them did anything wrong to be thrown out of their homeland in the first place. I am not sure if you have any friends or loved ones but if you do something drastic, think what that will do to them?
Do no let evil win. Although it is unfair, it is not just happening to you but to more than 1 million people in the U.S. Our time will come but it is going to take baby steps. We can do this together.
Galatians 6:9
Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.
I sincerely hope you have not already committed suicide. I’m shocked FAC has not responded to your text. Please call 1-800-273-8255 ASAP.
FAC Has already responded to this individual.
Update-We have made contact with Don’s family and confirmed he is okay. Thank you to the FAC members in his area who responded to our call to action, especially Tony C for the personal visit to let him know that he is not alone.
That is fantastic news!
Thank you Tony and thank you FAC!
Praise God
I was really worried about him
Thanks for the update. We all get frustrated but when we do something drastic, we let the registry Gestapo win.
Sad that we are being pushed to the brink of either suicide or as one guy I knew did, basically violated just so he could go back to prison and let the state take care of him.
When I asked him why he was doing that, he said ” I am tired of living in fear and looking over my shoulders every day wondering if they are going to find a reason to lock me up”.
I’ve been so focused on legal challenges that I nearly forgot the most important work you do.
Thank you, FAC.
Donald -we are here for you, and have tried to reach you. Call 904-452-8322.
Sure talk you say , that’s a joke. CherokeeJack , I want to say thanks ok. But the guy who came over threatened to call the police, I guess you all don’t read what I’ve said I just got arrested for assault on a Leo,
The bad thing is he was dressed in civilian clothes and he poke me in my chest 4 times but I’m the bad one cause I’m a sex offender, well I’m sick of this and I don’t care no more I’m about to explode because I should not have to do this! Indiana provided me a release cause when I caught my case it was not on the registry and I was removed but blah.blah right. While the kids of today’s society are being let loose from the same thing I did but it’s ok that they don’t have to register cause they are our kids again blah blah. I just got one thing to say. And I will do it just won’t say what. There is no one in this world that cares for what is going on with us Sex offender but if I was a 18 ye. Old and messed around with a 15 ye old today I would just get a little scolding for it. I’m done. I’m tired and I can’t nor will do this anymore I will find a way to get off of this registry one way or not.
Donald
I had nothing to do with calling the police on you for a check. I know how that would go.
However, when you make a threat to end your life and do it publicly, you cannot expect people to not act to stop you because some of us really do care.
I am Overjoyed you are still alive. I would rather you be mad and alive than dead.
I will keep you in my prayers, even if you don’t want them.
Donald,
First, we are all extremely relieved that you are alive to write this post. That’s the main point.
A very distant second, when you posted what you posted A LOT of people got concerned. We care. We know what you are going through, we know how you feel and we are in the same boat as you. We became so concerned that we literally scoured member rolls for anyone who lives closest to you so they could physically go to your home and check on you with the sole objective of making sure you are alive and alright. From our perspective, the registry, feelings about law enforcement or even pulling people away from their personal lives to get to you immediately – wasn’t important. The only thing that mattered was you.
Donald, people care about you.
Please e-mail me if you need to talk.
And the sad thing is he will still be on the registry,,,,,,,,,
https://www.ktvb.com/article/news/local/idaho-state-police-scammers-targeting-sex-offenders/277-906ebaec-10d9-43c9-9b2c-51178b0f193c
Law enforcement will NEVER ask you for money. Even your probation officer could not ask you for money, that has to be paid at the probation office where you get a receipt that you paid.
Some registration offices ask for payment for registering but again, that is done in person at time of registration. When you are arrested, you are never given the option to pay your way out of the arrest. That is what a bondsmen is for.
What about Florida it seems to me all I keep reading is every state but Florida What gives and mine is a 1991 case when i was in high school now im 48 wow and it started with 4 Years probation
Don’t forget that you are a good person and they are the bad guys. Never let anyone take that knowledge from you.
Tired
Wow, very similar. I also have a 1991 case and was in my 20s and now in my 50s. I had never been arrested before or since. Not even so much as a traffic ticket. Not saying me or any of us are special but………………….How is this NOT punishment / punitive ?
There is a word that seems to not apply to us.
rehabilitation:
#1 the action of restoring someone to health or normal life through training and therapy after imprisonment, addiction, or illness.
#2 the action of restoring someone to former privileges or reputation after a period of disfavor
#3 the action of restoring something that has been damaged to its former condition.
The admitted pedophile discussed in the article below is what makes politicians enact registry laws.
https://www.foxnews.com/us/california-authorities-rescue-girl-pedophile-congress
FAC:
If you believe Mr. Slaton is in danger of harming himself, please talk to the sheriff’s office at 850-983-1190. A welfare check may be in order.
Thanks Tony C. I didn’t get to that post. I appreciate your concern. Hold onto the sheriff’s emergency number in case there is any an issue in the future.
ACLU calls on governor to veto:
https://www.mlive.com/politics/2020/12/aclu-calls-for-whitmer-veto-on-legislature-approved-changes-to-sex-offender-registration-act.html
(h/t: amberspeaksup on Twitter)
They are freaking out because the end of the registry would cause the loss of untold 1000’s of jobs, funding and made titles like “Commander of sex offender task force operations and enforcement”.
End of the Worlder’s are crying the “Sky is falling” and there will be offenders on the loose kidnapping children from schools, parks and playgrounds by the millions. Woe is me!
So every time we gain an inch, they try and take a mile from us.
Cherokee Jack:
This isn’t the end of the registry in Michigan. When you think of the number of registrants that are effected, it’s quite large. I believe it is at least 10,000 of the 45,000 offenders and most likely well north of 20,000. The non-incarcerated registrants could shrink from 34,000 to perhaps 10,000 to 12,000 after the dust is settled which I suspect will be by 2023 or 2024 or 2026 at the latest.
You have to remember that the number of post-2012 registrants affected by these various cases is quite small. The registry will go north of 30,000 again within the next 20 to 30 years if it isn’t reigned in. This will be a fight for our grandchildren if we can’t get the concept of registration found unconstitutional.
Right, but SOME change is better than no change. Helping SOME is better than helping none. Baby steps. This law would affect me personally and has been a lot of work in the making. Now let’s just hope the governor does not veto! (Fingers crossed!)
Donald Slaton:
It’s good to hear from you.
The Indiana Supreme Court in Wallace and Pollard ruled that Indiana SORA is punishment and removed several people from Indiana’s registry and it sounds like you are one of them. It’s not very cold in southern Indiana, i.e. Evansville or Corydon.
The Indiana Supreme Court has ruled that out of state offenders who are not required to register in Indiana must register if they have an obligation to register in another state. Registrants who have been removed from the registry in Indiana are safe as long as they remain in Indiana. Registrants who have been removed from the registry in Indiana who then are placed on another state’s registry must register if they return to Indiana.
However, the U.S. District Court for the Southern District of Indiana ruled that offenders previously removed from Indiana’s registry who moved to another state and registered cannot be forced to register if they return to Indiana, see Hope v IDOC, 2017. This case is on appeal to the 7th Circuit.
Contact a good attorney in Indiana. There is a good chance that you are not required to register if you return to Indiana. You should also see if you are covered by Does in Michigan. One way or the other, I think you will most likely be back off of the registry.
So this just became law:
https://amp.detroitnews.com/amp/4084952001
Back to court I guess?
Yes, but that was forseeable
Jacob:
The legislation just signed into law in Michigan doesn’t affect any of the court cases. The 6th circuit already ruled that Michigan’s registry is punishment. This legislation doesn’t change that. This does not need to be relitigated.
Once Does becomes final, thousands will be removed from the registry. We just have to wait to see how this plays out.