MI: Supreme Court says 2011 changes to sex offender law cannot be applied retroactively
Sex offenders whose convictions predated 2011 changes to Michigan’s Sex Offender Registration Act do not need to comply with those changes, the Michigan Supreme Court ruled Tuesday.
The 2011 requirements — which included bans on living within school safety zones and “onerous” in-person reporting requirements — constituted a new form of punishment that cannot be applied retroactively to past cases, a high court majority said in an opinion written by Justice Elizabeth Clement.
“These demanding and intrusive requirements, imposed uniformly on all registrants regardless of an individual’s risk of recidivism, were excessive in comparison to SORA’s asserted public-safety purpose,” Clement wrote. “…the retroactive imposition of the 2011 SORA increases registrants’ punishment for their committed offenses in violation of federal and state constitutional prohibitions on ex post facto laws.”
Interesting that they refer to the changes as “new forms of punishment” and used ex post facto as their basis. They are basically admitting that the registration scheme is a form of punishment. This could be the beginning of the end.
That’s the whole point.
👏👏👏👏👏
Offenders whose ‘convictions’ predated 2011?
So if you committed a crime back in 2010, but state did not prosecute til 2012, then 2011 SORA can still apply to you?
Or does it go by date of criminal conduct?
I realize that this is in addition to Judge Cleland’s very wise Federal ruling. What I am trying to figure out is, does this here ruling benefit those who have been crime free since before 2011, but convicted after 2011.
@Confused. The simple answer to your question lies in the opinion of the Court that states, “Michigan’s Sex Offenders Registration Act, MCL 28.721 et seq., as amended by 2011 PA
17 and 18, when applied to registrants whose criminal acts predated the enactment of the 2011
amendments, violates the constitutional prohibition on ex post facto laws, US Const, art I, § 10;
Const 1963, art 1, § 10.”
Note it says “criminal acts” not “criminal conviction”
I think its safe to say that it is the date of the offense, not the date of the conviction.
Ed C:
You’re correct, the state supreme court interpretation of it’s laws and constitution are binding on all federal courts.
Also, a lot of people here are confused about an appeal. This is a criminal case and can be appealed to the U.S. district court. Only civil cases are appealed directly to the U.S. Supreme Court.
Regardless, this is the end of the line for this case. The Michigan Supreme Court has spoken and to appeal the federal question would be mute.
So if course this is great news.
But, what’s the next step. Will they take it to supreme court? If so will they hear it and it go with the decision?
Any step forward is a good step.
Note that the court found a “violation of federal and state constitutional prohibitions on ex post facto laws.” Unless there is a conflict with the federal constitution, I don’t believe the US Supreme Court can overrule a state’s high court on an issue regarding its state constitution. Michigan, like many states, have ex post facto provisions in their constitutions.
Please let me know if I am wrong in this.
Veritas.
It’s about time,these Expost Facto Violations are being NOTICED & ADREESED..I Myself being FORCED to abide by NEWLY IMPOSED REGITRATION REQUIREMENTS,20 YEARS AFTER MY 1994 OFFENSE DATE,EVEN THOUGH I SERVED OUT THAT SENTENCE 12 YEARS AGO IN TEXAS!!..
Ex post facto the shit out of the entire registry. No one should be on it. However those of us who were put on it YEARS after we were sentenced should be the first to be removed. We got no chance to fight it in a trial or to plea bargain.
We should pass a retro active law that all judges, police, probation officers etc should be put on a registry and see how long they last. They turned some of us into hard as nail survivors that’s for damn sure.
So, those of us that are pre- 2006 and 2011, should be removed correct? My conviction was 6-19-1992, soy original 25 years was up last year. 6-19-2020. So that to me means I should be removed with many others here in Michigan.
Bobby, i would say yes. If you were changed from 25 years to life, and now that it has been declared unconstitutional, you should be reverted back to the 25 years, and with that time complete you should be removed.
FAC couldn’t of said it better in your four word statement “Thats the whole point”. They could of said whole truth and nothing but the truth. Nothing wrong with baking brownies, the point is who is overbaking today with these power hungry ordiances? Even the Civil War can tell one that, or who ran the Indians off put them all on a reservations. We all could be wrong on everything we have said. Even facts speak by nature and the fact is we are all carnal by nature.
Sure I mentioned this riot that happened in Jan. and did it accomplish anything or create more anger management? Even the phrase”Thats the whole point” Even that pharse has meaning. Isn’t the whole point of the registry compromist to seek justice and true justice. Sure one could call something a “Hate Crime” or be a bit bias in many issues today. Seems today a lot of political science is like an Enstein theory of another race war or who comes down hard on families issues today with were one can live, boundry rights, even other unethical issues. And yes even parential rights can get in the way of issues.
Where are the precepts and principals today or should one take a nose dive into the grand canyon with this right or wrong registry scheme so would one say “Thats the whole point” when the deck is stacked against another by manipulative or suggestive ways with this punishment. I believe in punishment but overshadowing punishment even punitive can be a bit much or is justice still blind. Even FAC makes a lot of sense than some of the other advocate forms I have been on in the past years.
According to the FAC Weekly Update 2021-07-28 Ref#162, an excellent one by the way, we now have at least nine states that have found “their registry” to be unconstitutional. Why are these states still allowed to have their barbaric, unconstitutional statutes and ordinances for registrants?
I sure hope this seals it for MI. We were disappointed in Colorado recently. A ruling favorable to SO’s made it to all the way the Fed. Appeals Ct. and they reversed the ruling.
they said:
The law governing Colorado’s sex offender registry is not cruel and unusual punishment, the U.S. Court of Appeals for the 10th Circuit ruled on Thursday, because the registry was not meant to be a punishment.
“We therefore conclude that the Colorado legislature’s intent behind the registration requirements was civil, and not punitive,” wrote Judge Allison H. Eid for the three-member panel. The decision reversed a 2017 lower court ruling that found the law violated constitutional guarantees.
There are changes coming to CO in the next legislative session but elimination or the chance to be removed are not in the package
What I find disgusting is, when these rulings come down, you almost never automatically have it applied. You as an individual, have to hire your own attorney to go to court and each case is heard on a case by case basis.
I do not know about most on here, But having been on the registry since 1997, even when I worked I made about 1/2 of what many of people with my educational skills should make. I have not had a job since 2014. Physically I am unable to. I have been denied disability, denied food stamps, or any other assistance.
I had to move in with my elderly parents just so I do not end up on the street. The cases do not reveal how much they had to pay their lawyer, but from my 1991 case, I can tell you, most of the time you could buy a car with what it cost to go before a judge for relief and appeal if you lose.
Very seldom have I seen a registry relief decision that was applied with blanket rule without some sort of action on the individuals part. In legal perspective, these rulings should be automatically applied. It is like winning a Gold medal but having to spend $10,000 to travel to Europe to pick it up, then to find out it is only plated gold.
*CherokeeJack just dropped the mic. Ladies and Gentlemen, please exit the building slowly to the right.
Does this mean I can move to Michigan and get off the registry in Florida?
No. It does not mean that. Florida will keep you on.
Gene
You’ll be on the Florida registry even in death. Why because Florida is one backwards state that commits fraud to inflate the numbers to get more federal money. Hopefully the out of state challenge wins and people no longer in Florida get their life back; while those in Florida stay wrestle with the Taipans aka Florida government. Never give up to the Taipans.
Gene…no. This is a criminal case and only applies to Mr. Betts. If you move to Michigan, you’re f***ed.
To: Disgusted
Hey old Chap, I have come up with sort of a Brilliant idea. (Trying not to laugh as I type this)
You see, there is in fact a way we can ALL benefit from this ruling. We just need to petition for name change. We all just need to change our last names to Betts and we are a shoe in to be removed.
* BTW I do a splendid British accent :)~