Law Office of John Freeman
Call for a free consultation 866-720-3708

Michigan's Sex Offender Registry to Change

Did you know Michigan's sex offender registry law was ruled unconstitutional in August 2016? Michigan's Sex Offender Registry is a database containing thesex offender registry.jpg names, addresses, and offense(s) of everyone in Michigan convicted of certain sexual offenses. This information is made available to the public. Offenders are classified into one of three "tiers," which is determined by the offense or the number of offenses. The tier determines how long a person remains in the registry.

Incarceration time is not counted when determining the last registration date. Tier I offenders are required to be registered for 15 years reporting to the Michigan State Police (MSP) once per year. Tier II offenders are required to be registered 25 years reporting to MSP twice per year. Tier III offenders have lifetime registration and must report to MSP four times per year. However, this could all be changing very soon.

According to a federal ruling, Michigan's Sex Offender Registration Act includes many unconstitutional provisions, including its geographical restrictions. Currently, offenders are prevented from living, working, or standing within 1,000 feet of a school. This has prevented many from attending their children's sporting events, school recitals, or even dropping them off at school. Because Michigan's Sex Offender Registration Act (SORA) does not clarify how student safety zones should be measured, this could all change soon. Regardless of how the zones are measured, it would be unreasonable to expect registrants to able to determine the boundaries of the student safety zones, which makes it nearly impossible to know if they are in violation of geographical restrictions. These restrictions were enacted in 2006.

In 2011, the "tier" system was created, which retroactively classified offenders based solely on the offense. It does not consider their background or how long ago the crime was committed. Some people that were set to be released from the registry now have to be registered for life.

Michigan SORA's 2006 and 2011 amendments increased or created new punishments for former offenders. Punishments can never retroactively be imposed or increased. Thus, these amendments are unconstitutional (as applied retroactively) and the application of these amendments should stop.

Since the United States District Court, E.D. Michigan, Southern Division has determined these provisions unconstitutional, the state has still been proceeding as if the court's decision only applied to the plaintiffs who were suing the Governor of Michigan and Director of Michigan State Police in their official capacities because the decision came through a civil case, not a class action lawsuit. In May 2019, a United States District Judge ruled that the Michigan Legislature must pass a new sex offender registration law within 90 days. When this happens, many registrants' status should be changing. In some instances, registrants can petition the court for early release from the sex offender registry. If you need an experienced attorney who has worked with sex offender registry removal, call the Law Office of John Freeman.

No Comments

Leave a comment
Comment Information

Contact Us For A Free Consultation

For an initial consultation at the Law Office of John Freeman, call 866-720-3708 toll free or send us an email. In an emergency, call 248-918-0790 at any time of day or night.

From offices in Troy, Michigan, we represent clients in all federal and state courts in the greater Detroit area, throughout all of Michigan, and the United States.

Contact us today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Law Office of John Freeman

3150 Livernois Road
Suite 270
Troy, MI 48083

Toll Free: 866-720-3708
Phone: 248-918-0790
Phone: 313-330-2653
Fax: 248-250-5857
Troy Law Office Map

866-720-3708 - Toll Free
313-330-2653 - Emergency 24/7
248-250-5857 - Fax