Statutes Governing Sex Offender Registration
Sex Offenders Registration Act
1. Introduction to the Michigan Sex Offenders Registration Act
In 1994, Michigan passed the Sex Offenders Registration Act (“SORA”). SORA is essentially Michigan’s version of Megan’s Law, which was enacted following the abduction, rape, and murder of seven year old Megan Kanka by a convicted sex offender. The federal version of Megan’s Law, known as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“Wetterling Act”), initially required every state: (1) to create and maintain an accurate registry of convicted sex offenders; (2) to distribute registry information to law enforcement agencies; and (3) to disclose registry information to the public when deemed necessary for public safety.
This legislation was intended to prevent convicted sex offenders from committing future sex crimes. However, there is a great deal of controversy over whether registration of sex offenders actually reduces sex offender recidivism. There is also much controversy over whether sex offender registries violate the privacy rights of sex offenders or are unconstitutionally punitive. Nevertheless, sex offender registries in the United States have continued to survive numerous court challenges despite their growing scope and more intrusive requirements.
Initially, SORA only required individuals convicted of certain sex crimes to provide their addresses to state and local law enforcement. However, in compliance with amendments to the Wetterling Act, SORA has greatly expanded its registration, monitoring, and community notice requirements. For instance, SORA currently requires life-time electronic monitoring for certain sex offenders, prohibits sex offenders from working, living, or loitering in “student safety zones,” and provides penalties for violating portions of the act. Furthermore, SORA also provides the public with information on the identity and location of sex offenders throughout the state. This is done by a searchable internet database, known as the Public Sex Offender Registry, which includes a photo of the convicted sex offender. There is also an e-mail notification system that allows citizens to sign-up to receive an e-mail whenever a sex offender moves into their area.
Because of the long-term and potentially serious consequences of appearing on Michigan’s sex offender registry (SORA), you should seek the advice of a reputable and experienced sex crime defense attorney immediately if you are being investigated or charged with any sex offense that carries the potential of sex offender registration. Also, please visit our section on what to do if you have been charged with a sex crime.
Free attorney consultation: Fill out our contact form or call 1-866-766-5245 twenty-four hours a day, seven days a week to talk to an experienced Michigan defense lawyer about your sex crime case. Our defense team has successfully handles sex crime charges throughout the lower peninsula of Michigan.
2. Michigan Compliance with the Adam Walsh Child Protection and Safety Act of 2006
The federal Sex Offender Registration and Notification Act (“SORNA”) was passed as part of the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”). SORNA provides uniform minimum requirements for sex offender registration and notification in each state. The goal of SORNA is to create a nationwide network of sex offender registration and notification programs. All states must be in substantial compliance with SORNA by July 27, 2009, or they lose 10% of their federal funding under the Byrne Justice Assistance Grant. Last year, Attorney General Eric Holder gave all states a blanket one year extension for compliance and there is talk of another extension. Michigan is not the only state struggling to comply with the Adam Walsh Act.
On June 1st, 2010, the U.S. Supreme court ruled that SORNA does not apply to interstate travel by a sex offender which took place before Congress passed the Adam Walsh Act in 2006. (Carr v. United States, 2010) Nonetheless, implementation of SORNA could have serious consequences for you, even if you have been already been convicted of a sex crime and are in compliance with Michigan’s current registry requirements. In other Supreme Court decsions it has ruled that sex offender registry laws could be enforced retroactively as non-punitive regulatory measures. This means that even if you are convicted before new legislation is passed you may still be required to comply with additional registration requirements. In particular, SORNA:
• expands the list of sex offenses that will require registration;
• requires registered sex offenders to register and keep their registration current in every jurisdiction in which they reside, work, or attend school;
• requires registered sex offenders to notify local law enforcement prior to departing from their jurisdiction of residence for 7 days or more;
• requires sex offenders to provide more extensive registration information, including professional licensing information and internet identifiers such as screen names;
• expands the amount of information available online to the public regarding registered sex offenders, including license plate number and vehicle description;
• requires any change in registration information be reported within 3 days;
• changes the required minimum duration of registration for sex offenders and the frequency of in-person verification; and
• makes failure to register or update registration information a federal offense.
3. Sex Offenders Currently Required to Register
Anyone who lives, works, or attends school in Michigan for 14 or more consecutive days or who spends 30 or more total days per calendar year in Michigan is required to register under SORA, if convicted of any of the offenses listed below. (These are referred to as the “listed offenses”):
• Accosting, Enticing, or Soliciting a Child for Immoral Purposes;
• Child Sexually Abusive Activity or Material;
• Crime Against Nature or Sodomy (if the victim is a minor);
• Indecent Exposure While Engaging in a Lewd/Lascivious Act;
• three convictions of Disorderly Person and/or Indecent Exposure;
• Gross Indecency Between Male Persons, or Female Persons, or Male and Female Persons (if the victim is a minor or the offender is not adjudicated as a minor);
• Kidnapping (if the victim is a minor);
• Leading, Taking, Carrying Away, Decoying, or Enticing;
• Soliciting, Accosting, or Inviting to Commit Prostitution;
• Pandering;
• Criminal Sexual Conduct in the 1st, 2nd, 3rd, or 4th degrees;
• any crime that is a sex crime against a person who is a minor;
• any crime that was committed, at the time, by a sexually delinquent person;
• any offense that is substantially similar to a sex offense listed under federal, military, tribal law, or the law of another state or country; and
• any attempt or conspiracy to commit an offense described above.
Please note that this list may not be all inclusive. Crimes may be added or removed at any time, especially as Michigan comes into compliance with the Adam Walsh Act. Also, certain individuals assigned to youthful trainee status under the Holmes Youthful Trainee Act may not have to register. However, eligibility for youthful trainee status is restricted in situations involving sex crimes. If you have been convicted for a listed crime, you should obtain the advice of an experienced attorney before making decisions about whether you are required to register under SORA.
4. Initial Registration
A person convicted of a listed offense must complete a registration form and submit it to the Michigan State Police. It is a crime to knowingly provide false or misleading information on the registration form. In addition, there is a $35.00 registration fee. Failure to pay the fee within 90 days is a misdemeanor. The registration form will include:
• name;
• social security number;
• date of birth;
• address;
• a brief summary of the offender’s conviction(s), including where the offense(s) occurred and the original charge(s);
• a complete physical description;
• a photograph; and
• fingerprints, if not already on file with the State Police.
5. Length of Registration Period
Depending on the severity of the crime, a person convicted of a listed offense must remain registered for either 25 years or life. However, under limited circumstances, an offender may be able to petition for a reduction in the registration period. Life registration is required for conviction of any of the following offenses or for conviction of a substantially similar offense under federal law or the law of another state:
• Criminal Sexual Conduct in the 1st Degree;
• Criminal Sexual Conduct in the 2nd Degree (victim under 13 years of age);
• Kidnapping (victim is a minor);
• Child Sexually Abusive Activity;
• any attempt or conspiracy to commit an offense described above; and
• any conviction for a second or subsequent listed offense after October 1, 1995, regardless of when the earlier listed offense was committed (unless none of the of the convictions were for an offense included as a listed offense at the time of conviction).
A single conviction for any of the other listed offenses will result in a required registration period of 25 years or 10 years from the date of release from incarceration, whichever is longer. Note that the judge does not have authority to waive the requirements to register under Michigan’s (SORA) Sex Offender Registration Act.
6. Yearly or Quarterly Verification
After initial registration, domicile or residence must be continually verified either annually (once a year between the 1st and 15th of January) or quarterly (between the 1st and 15th of each January, April, July, and October). Misdemeanor convictions require annual verification, and felony convictions require quarterly verification. Verification is made by reporting in person to a local law enforcement agency. As a convicted offender you are required to maintain a Michigan driver’s license or identification card that contains your current address. The driver’s license or identification card may be presented for verification. However, the law enforcement agency may require additional proof or domicile or residence such as a utility bill or other document that contains both your name and address.
7. Post-Registration Change of Status
As a registered sex offender, you must notify the local law enforcement in the jurisdiction of the new location within 10 days of changing residence or domicile, place of employment, or school attendance. Under SORA, residence is defined as “that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.” Under Michigan law the term domicile is generally considered synonymous with residence; however, domicile bears a more permanent connotation. For example, a person may maintain a permanent domicile at one location, to which the person intends to return, while temporarily residing at another location for an extended period of time. This is often the case for college students who choose to live on or near campus during the school term, but who return “home” during breaks.
In addition, there are specific campus reporting requirements for anyone who becomes an employee, student, volunteer, or contractual provider to any institution of higher education, regardless of whether the person becomes a resident of the state or not. Similarly, any change or discontinuation in enrollment or status must be reported. Further, any registered offender moving out-of-state must notify the Michigan State Police no later than 10 days before making such a move.
8. Public Sex Offender Registry
The Public Sex Offender Registry, which is available online or at a local law enforcement agency, is indexed by zip code and is required to contain the following information about each offender:
• name and alias;
• address;
• physical description;
• birth date;
• the listed offense that the offender was convicted of;
• the name and campus location of each institution of higher education that the offender is required to report to; and
• a photograph of each offender from the Secretary of State.
Being placed on the Public Sex Offender Registry is often the most embarrassing and long-lasting consequence of being convicted of a sex crime. Because the registry is online, all of your friends, family, and neighbors will have easy access to it. Our attorneys can help you defend against a sex crime charge or assist you in work toward getting the charge reduced so that you can avoid the humiliation of public registration. Our defense attorneys fight false allegations, lying witnesses, incorrect identification, mistaken identity, accusations involving children, accusations by Children’s Protective Services (CPS), felony charges and false memories.
9. Lifetime Electronic Monitoring
You will be placed on electronic monitoring for the rest of your life if you are convicted of 1st degree Criminal Sexual Conduct and placed on parole or if you are convicted of 2nd degree Criminal Sexual Conduct with a child under 13 years old. Electronic monitoring refers to “a device by which, through global positioning system satellite or other means, an individual's movement and location are tracked and recorded.” You will be responsible for paying the costs of electronic monitoring.
If you are placed on electronic monitoring, you may be punished up to 2 years imprisonment and fined up to $2,000 if you:
• damage the electronic monitoring device;
• do not inform the Department of Corrections that your electronic monitoring device is not functioning or is damaged; or
• do not reimburse the Department of Corrections for the cost of the electronic monitoring.
10. Juvenile Offenders
Juvenile offenders will appear on the Public Sex Offender Registry after their 18th birthdays if they were convicted of Criminal Sexual Conduct in either the 1st or 2nd degree. However, qualifying juveniles may petition the court for an exemption from registration. In addition, juveniles who were convicted under the Holmes Youthful Trainee Act may be eligible to petition the court to reduce the required registration period to 10 years. Petitions must be filed between the juvenile’s 17th and 20th birthdays.
11. Confidentiality of Non-Public Registration Information
Except for the information that is required for the Public Sex Offender Registry, all other registration information (such as a registrant’s social security number) is confidential and may only be used or divulged for law enforcement purposes. It is a misdemeanor, punishable by up to 93 days imprisonment and a $1,000.00 fine, for an individual to divulge, use, or publish nonpublic registration information. If you believe your nonpublic registration information was impermissibly revealed, you may have a civil cause of action for treble damages.
12. Reporting of Michigan Registrations to the FBI
Under SORA, the Michigan State Police must report all registration information to the Federal Bureau of Investigation (“FBI”). The information sent to the FBI is entered into the National Sex Offender Registry (“NSOR”) as required by the Pam Lychner Sexual Offender Tracking and Identification Act (“Lychner Act”). The Lychner Act requires the FBI to track the whereabouts of offenders convicted of violent crimes or crimes against a minor. It also requires the FBI to register and verify the addresses of sex offenders who reside in states without a “minimally sufficient sexual offender registration program.” However, the Lychner Act does not preclude participation from states that have been deemed to have sufficient programs. In fact, despite having a sufficient program, Michigan law requires the Michigan State Police to participate in the NSOR.
13. Registration Enforcement & Penalties for Violations
A. Failure to Comply with Yearly or Quarterly Verification
An offender with no prior convictions who fails to comply with the yearly or quarterly verification requirements in Michigan is guilty of a misdemeanor punishable by up to 93 days imprisonment and up to a $1,000.00 fine. A second conviction is a misdemeanor punishable by up to 1 year imprisonment and up to a $2,000.00 fine. Finally, an offender with two or more prior convictions who again fails to comply with the verification requirements is guilty of a felony punishable by up to 4 years in prison and a fine of up to $2,500.00.
B. Failure to Comply with Registration Form Requirements
An offender with no prior convictions who fails to comply with the registration form requirements is guilty of a misdemeanor punishable by up to 93 days imprisonment and up to a $1,000.00 fine. A second conviction is a misdemeanor punishable by up to 1 year imprisonment and up to a $2,000.00 fine. Finally, an offender with two or more prior convictions who again fails to comply with the registration form requirements is guilty of a felony punishable by up to 4 years in prison and a fine of up to $2,500.00.
C. Failure to Pay the Registration Fee
An offender who willfully refuses or fails to pay the $35.00 registration fee within 90 days of registering is guilty of a misdemeanor punishable by imprisonment for up to 90 days.
D. Residing, Working, or Loitering in a School Safety Zone
An offender’s first violation of the Student Safety Zone restrictions is a misdemeanor punishable by up to 1 year imprisonment and up to a $1,000.00 fine. A second violation is a felony punishable by up to 2 years of imprisonment and up to a $2,000.00 fine.
E. Willful Violations of All Other SORA Provisions
An offender with no prior convictions who willfully violates any other provision of SORA is guilty of a felony punishable by up to 4 years imprisonment and up to a $2,000.00 fine. A second conviction is a felony punishable by up to 7 years imprisonment and up to a $5,000.00 fine. Finally, an offender with two or more prior convictions who again violates any other provision of SORA is guilty of a felony punishable by up to 10 years in prison and a fine of up to $10,000.00.
F. Additional Mandatory Penalties
In addition to any of the penalties stated for specific registration violations, SORA mandates that all willful violations result in revocation of probation, revocation of youthful trainee status, or withdrawl of parole.
14. Student Safety Zones
If you are registered on the Sex Offender Registry, you may not reside, work or loiter within a “Student Safety Zone.” Under SORA, a “Student Safety Zone” is the area within 1,000 feet of any school property. School property includes private, public, elementary, secondary, and pre-schools.
There are limited circumstances under SORA in which a registered sex offender can live and work within a School Safety Zone. For example, under the “grandfather clause” an offender may continue to reside in a residence established prior to the enactment of the statute. Similarly, an offender may continue to work at a particular location if the school was established after the employment began. These circumstances require careful case-by-case analysis. Our firm has successfully defended criminal prosecutions for safety zone violations and can assist you if you are charged with this crime. Like most SORA issues, this area of law is constantly being changed by the Michigan Legislature.
Remember, that even if you are permitted to live or work in the Student Safety Zone, you are strictly prohibited from communicating with or contacting, in any way, a minor within the Student Safety Zone. If you do communicate or make contact with a minor within the Student Safety Zone, you are violating this provision and you may no longer reside within the Student Safety Zone.
1. Introduction to the Michigan Sex Offenders Registration Act
In 1994, Michigan passed the Sex Offenders Registration Act (“SORA”). SORA is essentially Michigan’s version of Megan’s Law, which was enacted following the abduction, rape, and murder of seven year old Megan Kanka by a convicted sex offender. The federal version of Megan’s Law, known as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“Wetterling Act”), initially required every state: (1) to create and maintain an accurate registry of convicted sex offenders; (2) to distribute registry information to law enforcement agencies; and (3) to disclose registry information to the public when deemed necessary for public safety.
This legislation was intended to prevent convicted sex offenders from committing future sex crimes. However, there is a great deal of controversy over whether registration of sex offenders actually reduces sex offender recidivism. There is also much controversy over whether sex offender registries violate the privacy rights of sex offenders or are unconstitutionally punitive. Nevertheless, sex offender registries in the United States have continued to survive numerous court challenges despite their growing scope and more intrusive requirements.
Initially, SORA only required individuals convicted of certain sex crimes to provide their addresses to state and local law enforcement. However, in compliance with amendments to the Wetterling Act, SORA has greatly expanded its registration, monitoring, and community notice requirements. For instance, SORA currently requires life-time electronic monitoring for certain sex offenders, prohibits sex offenders from working, living, or loitering in “student safety zones,” and provides penalties for violating portions of the act. Furthermore, SORA also provides the public with information on the identity and location of sex offenders throughout the state. This is done by a searchable internet database, known as the Public Sex Offender Registry, which includes a photo of the convicted sex offender. There is also an e-mail notification system that allows citizens to sign-up to receive an e-mail whenever a sex offender moves into their area.
Because of the long-term and potentially serious consequences of appearing on Michigan’s sex offender registry (SORA), you should seek the advice of a reputable and experienced sex crime defense attorney immediately if you are being investigated or charged with any sex offense that carries the potential of sex offender registration. Also, please visit our section on what to do if you have been charged with a sex crime.
Free attorney consultation: Fill out our contact form or call 1-866-766-5245 twenty-four hours a day, seven days a week to talk to an experienced Michigan defense lawyer about your sex crime case. Our defense team has successfully handles sex crime charges throughout the lower peninsula of Michigan.
2. Michigan Compliance with the Adam Walsh Child Protection and Safety Act of 2006
The federal Sex Offender Registration and Notification Act (“SORNA”) was passed as part of the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”). SORNA provides uniform minimum requirements for sex offender registration and notification in each state. The goal of SORNA is to create a nationwide network of sex offender registration and notification programs. All states must be in substantial compliance with SORNA by July 27, 2009, or they lose 10% of their federal funding under the Byrne Justice Assistance Grant. Last year, Attorney General Eric Holder gave all states a blanket one year extension for compliance and there is talk of another extension. Michigan is not the only state struggling to comply with the Adam Walsh Act.
On June 1st, 2010, the U.S. Supreme court ruled that SORNA does not apply to interstate travel by a sex offender which took place before Congress passed the Adam Walsh Act in 2006. (Carr v. United States, 2010) Nonetheless, implementation of SORNA could have serious consequences for you, even if you have been already been convicted of a sex crime and are in compliance with Michigan’s current registry requirements. In other Supreme Court decsions it has ruled that sex offender registry laws could be enforced retroactively as non-punitive regulatory measures. This means that even if you are convicted before new legislation is passed you may still be required to comply with additional registration requirements. In particular, SORNA:
• expands the list of sex offenses that will require registration;
• requires registered sex offenders to register and keep their registration current in every jurisdiction in which they reside, work, or attend school;
• requires registered sex offenders to notify local law enforcement prior to departing from their jurisdiction of residence for 7 days or more;
• requires sex offenders to provide more extensive registration information, including professional licensing information and internet identifiers such as screen names;
• expands the amount of information available online to the public regarding registered sex offenders, including license plate number and vehicle description;
• requires any change in registration information be reported within 3 days;
• changes the required minimum duration of registration for sex offenders and the frequency of in-person verification; and
• makes failure to register or update registration information a federal offense.
3. Sex Offenders Currently Required to Register
Anyone who lives, works, or attends school in Michigan for 14 or more consecutive days or who spends 30 or more total days per calendar year in Michigan is required to register under SORA, if convicted of any of the offenses listed below. (These are referred to as the “listed offenses”):
• Accosting, Enticing, or Soliciting a Child for Immoral Purposes;
• Child Sexually Abusive Activity or Material;
• Crime Against Nature or Sodomy (if the victim is a minor);
• Indecent Exposure While Engaging in a Lewd/Lascivious Act;
• three convictions of Disorderly Person and/or Indecent Exposure;
• Gross Indecency Between Male Persons, or Female Persons, or Male and Female Persons (if the victim is a minor or the offender is not adjudicated as a minor);
• Kidnapping (if the victim is a minor);
• Leading, Taking, Carrying Away, Decoying, or Enticing;
• Soliciting, Accosting, or Inviting to Commit Prostitution;
• Pandering;
• Criminal Sexual Conduct in the 1st, 2nd, 3rd, or 4th degrees;
• any crime that is a sex crime against a person who is a minor;
• any crime that was committed, at the time, by a sexually delinquent person;
• any offense that is substantially similar to a sex offense listed under federal, military, tribal law, or the law of another state or country; and
• any attempt or conspiracy to commit an offense described above.
Please note that this list may not be all inclusive. Crimes may be added or removed at any time, especially as Michigan comes into compliance with the Adam Walsh Act. Also, certain individuals assigned to youthful trainee status under the Holmes Youthful Trainee Act may not have to register. However, eligibility for youthful trainee status is restricted in situations involving sex crimes. If you have been convicted for a listed crime, you should obtain the advice of an experienced attorney before making decisions about whether you are required to register under SORA.
4. Initial Registration
A person convicted of a listed offense must complete a registration form and submit it to the Michigan State Police. It is a crime to knowingly provide false or misleading information on the registration form. In addition, there is a $35.00 registration fee. Failure to pay the fee within 90 days is a misdemeanor. The registration form will include:
• name;
• social security number;
• date of birth;
• address;
• a brief summary of the offender’s conviction(s), including where the offense(s) occurred and the original charge(s);
• a complete physical description;
• a photograph; and
• fingerprints, if not already on file with the State Police.
5. Length of Registration Period
Depending on the severity of the crime, a person convicted of a listed offense must remain registered for either 25 years or life. However, under limited circumstances, an offender may be able to petition for a reduction in the registration period. Life registration is required for conviction of any of the following offenses or for conviction of a substantially similar offense under federal law or the law of another state:
• Criminal Sexual Conduct in the 1st Degree;
• Criminal Sexual Conduct in the 2nd Degree (victim under 13 years of age);
• Kidnapping (victim is a minor);
• Child Sexually Abusive Activity;
• any attempt or conspiracy to commit an offense described above; and
• any conviction for a second or subsequent listed offense after October 1, 1995, regardless of when the earlier listed offense was committed (unless none of the of the convictions were for an offense included as a listed offense at the time of conviction).
A single conviction for any of the other listed offenses will result in a required registration period of 25 years or 10 years from the date of release from incarceration, whichever is longer. Note that the judge does not have authority to waive the requirements to register under Michigan’s (SORA) Sex Offender Registration Act.
6. Yearly or Quarterly Verification
After initial registration, domicile or residence must be continually verified either annually (once a year between the 1st and 15th of January) or quarterly (between the 1st and 15th of each January, April, July, and October). Misdemeanor convictions require annual verification, and felony convictions require quarterly verification. Verification is made by reporting in person to a local law enforcement agency. As a convicted offender you are required to maintain a Michigan driver’s license or identification card that contains your current address. The driver’s license or identification card may be presented for verification. However, the law enforcement agency may require additional proof or domicile or residence such as a utility bill or other document that contains both your name and address.
7. Post-Registration Change of Status
As a registered sex offender, you must notify the local law enforcement in the jurisdiction of the new location within 10 days of changing residence or domicile, place of employment, or school attendance. Under SORA, residence is defined as “that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.” Under Michigan law the term domicile is generally considered synonymous with residence; however, domicile bears a more permanent connotation. For example, a person may maintain a permanent domicile at one location, to which the person intends to return, while temporarily residing at another location for an extended period of time. This is often the case for college students who choose to live on or near campus during the school term, but who return “home” during breaks.
In addition, there are specific campus reporting requirements for anyone who becomes an employee, student, volunteer, or contractual provider to any institution of higher education, regardless of whether the person becomes a resident of the state or not. Similarly, any change or discontinuation in enrollment or status must be reported. Further, any registered offender moving out-of-state must notify the Michigan State Police no later than 10 days before making such a move.
8. Public Sex Offender Registry
The Public Sex Offender Registry, which is available online or at a local law enforcement agency, is indexed by zip code and is required to contain the following information about each offender:
• name and alias;
• address;
• physical description;
• birth date;
• the listed offense that the offender was convicted of;
• the name and campus location of each institution of higher education that the offender is required to report to; and
• a photograph of each offender from the Secretary of State.
Being placed on the Public Sex Offender Registry is often the most embarrassing and long-lasting consequence of being convicted of a sex crime. Because the registry is online, all of your friends, family, and neighbors will have easy access to it. Our attorneys can help you defend against a sex crime charge or assist you in work toward getting the charge reduced so that you can avoid the humiliation of public registration. Our defense attorneys fight false allegations, lying witnesses, incorrect identification, mistaken identity, accusations involving children, accusations by Children’s Protective Services (CPS), felony charges and false memories.
9. Lifetime Electronic Monitoring
You will be placed on electronic monitoring for the rest of your life if you are convicted of 1st degree Criminal Sexual Conduct and placed on parole or if you are convicted of 2nd degree Criminal Sexual Conduct with a child under 13 years old. Electronic monitoring refers to “a device by which, through global positioning system satellite or other means, an individual's movement and location are tracked and recorded.” You will be responsible for paying the costs of electronic monitoring.
If you are placed on electronic monitoring, you may be punished up to 2 years imprisonment and fined up to $2,000 if you:
• damage the electronic monitoring device;
• do not inform the Department of Corrections that your electronic monitoring device is not functioning or is damaged; or
• do not reimburse the Department of Corrections for the cost of the electronic monitoring.
10. Juvenile Offenders
Juvenile offenders will appear on the Public Sex Offender Registry after their 18th birthdays if they were convicted of Criminal Sexual Conduct in either the 1st or 2nd degree. However, qualifying juveniles may petition the court for an exemption from registration. In addition, juveniles who were convicted under the Holmes Youthful Trainee Act may be eligible to petition the court to reduce the required registration period to 10 years. Petitions must be filed between the juvenile’s 17th and 20th birthdays.
11. Confidentiality of Non-Public Registration Information
Except for the information that is required for the Public Sex Offender Registry, all other registration information (such as a registrant’s social security number) is confidential and may only be used or divulged for law enforcement purposes. It is a misdemeanor, punishable by up to 93 days imprisonment and a $1,000.00 fine, for an individual to divulge, use, or publish nonpublic registration information. If you believe your nonpublic registration information was impermissibly revealed, you may have a civil cause of action for treble damages.
12. Reporting of Michigan Registrations to the FBI
Under SORA, the Michigan State Police must report all registration information to the Federal Bureau of Investigation (“FBI”). The information sent to the FBI is entered into the National Sex Offender Registry (“NSOR”) as required by the Pam Lychner Sexual Offender Tracking and Identification Act (“Lychner Act”). The Lychner Act requires the FBI to track the whereabouts of offenders convicted of violent crimes or crimes against a minor. It also requires the FBI to register and verify the addresses of sex offenders who reside in states without a “minimally sufficient sexual offender registration program.” However, the Lychner Act does not preclude participation from states that have been deemed to have sufficient programs. In fact, despite having a sufficient program, Michigan law requires the Michigan State Police to participate in the NSOR.
13. Registration Enforcement & Penalties for Violations
A. Failure to Comply with Yearly or Quarterly Verification
An offender with no prior convictions who fails to comply with the yearly or quarterly verification requirements in Michigan is guilty of a misdemeanor punishable by up to 93 days imprisonment and up to a $1,000.00 fine. A second conviction is a misdemeanor punishable by up to 1 year imprisonment and up to a $2,000.00 fine. Finally, an offender with two or more prior convictions who again fails to comply with the verification requirements is guilty of a felony punishable by up to 4 years in prison and a fine of up to $2,500.00.
B. Failure to Comply with Registration Form Requirements
An offender with no prior convictions who fails to comply with the registration form requirements is guilty of a misdemeanor punishable by up to 93 days imprisonment and up to a $1,000.00 fine. A second conviction is a misdemeanor punishable by up to 1 year imprisonment and up to a $2,000.00 fine. Finally, an offender with two or more prior convictions who again fails to comply with the registration form requirements is guilty of a felony punishable by up to 4 years in prison and a fine of up to $2,500.00.
C. Failure to Pay the Registration Fee
An offender who willfully refuses or fails to pay the $35.00 registration fee within 90 days of registering is guilty of a misdemeanor punishable by imprisonment for up to 90 days.
D. Residing, Working, or Loitering in a School Safety Zone
An offender’s first violation of the Student Safety Zone restrictions is a misdemeanor punishable by up to 1 year imprisonment and up to a $1,000.00 fine. A second violation is a felony punishable by up to 2 years of imprisonment and up to a $2,000.00 fine.
E. Willful Violations of All Other SORA Provisions
An offender with no prior convictions who willfully violates any other provision of SORA is guilty of a felony punishable by up to 4 years imprisonment and up to a $2,000.00 fine. A second conviction is a felony punishable by up to 7 years imprisonment and up to a $5,000.00 fine. Finally, an offender with two or more prior convictions who again violates any other provision of SORA is guilty of a felony punishable by up to 10 years in prison and a fine of up to $10,000.00.
F. Additional Mandatory Penalties
In addition to any of the penalties stated for specific registration violations, SORA mandates that all willful violations result in revocation of probation, revocation of youthful trainee status, or withdrawl of parole.
14. Student Safety Zones
If you are registered on the Sex Offender Registry, you may not reside, work or loiter within a “Student Safety Zone.” Under SORA, a “Student Safety Zone” is the area within 1,000 feet of any school property. School property includes private, public, elementary, secondary, and pre-schools.
There are limited circumstances under SORA in which a registered sex offender can live and work within a School Safety Zone. For example, under the “grandfather clause” an offender may continue to reside in a residence established prior to the enactment of the statute. Similarly, an offender may continue to work at a particular location if the school was established after the employment began. These circumstances require careful case-by-case analysis. Our firm has successfully defended criminal prosecutions for safety zone violations and can assist you if you are charged with this crime. Like most SORA issues, this area of law is constantly being changed by the Michigan Legislature.
Remember, that even if you are permitted to live or work in the Student Safety Zone, you are strictly prohibited from communicating with or contacting, in any way, a minor within the Student Safety Zone. If you do communicate or make contact with a minor within the Student Safety Zone, you are violating this provision and you may no longer reside within the Student Safety Zone.