ACLU to MI registrants: Please remain compliant

ACLU of Michigan . . . We recommend that all registrants stay SORA-compliant until there is a final judgment. State criminal courts are not bound by federal appellate decisions (except for U.S. Supreme Court decisions), and is not yet clear how Michigan state courts will apply the Does v. Snyder decision. We strongly recommend full compliance to avoid criminal charges or other consequences. Individuals who are charged with criminal SORA violations (e.g., residing in an exclusion zone, failure to register) can try to raise the defense in criminal court that SORA is unconstitutional if it is being applied retroactively to them. Whether Does v. Snyder provides a defense may depend on factors like the date of the original sex offense and what part of SORA the individual allegedly violated. Individuals charged with SORA violations should seek qualified defense counsel or ask for appointed counsel if they cannot afford an attorney.

The Court of Appeals’ decision held that the 2011 amendments, which extended many registrants’ obligations from 25 years to life, cannot be applied retroactively. Because there is not yet a final judgment, we do not recommend that registrants file motions to shorten their registration periods back to 25 years. Individuals who would have already come off the registry under the pre-2011 version of SORA should consult with an attorney. Registrants whose offenses occurred before January 1, 2006 and who want to work or live within an exclusion zones (e.g. take a specific job or live with family) should consult with an attorney.

Registrants who are on parole or probation should follow all parole and probation orders related to their sex offender registration. Individuals who are facing current felony charges for non-sex offenses but who could be added to the registry based on a past sex offenses (“recapture” cases) should consult with an attorney.

Registrants who want to support the legislative effort to reform Michigan’s sex offender laws should contact the ACLU of Michigan.

More questions? Visit the ACLU of Michigan’s FAQ regarding Snyder.

Help us reach more people by Sharing or Liking this post.

Robin Vander Wall

As vice chair of NARSOL, Robin is the managing editor of the Digest, director of development, and provides assistance to the webmaster in keeping our websites running smoothly. He also serves as founder and president of Vivante Espero, NARSOL's 501(c)(3) foundation and legal fund.

Viewing 3 reply threads
  • Author
    Posts
    • #20540 Reply
      Fred
      Fred
      Admin

      I am getting a mixed message from this. First they say they do not recommend filing a motion, because there has not been a final judgement. Then in the next sentence they say consult with an attorney. Which is it?

      • #20562 Reply
        Avatar
        Kendal

        They didn’t say don’t file a motion, they said remain compliant…. two totally different things

        • #20564 Reply
          Fred
          Fred
          Admin

          I guess you forgot to read it. Here you go
          “Because there is not yet a final judgment, we do not recommend that registrants file motions to shorten their registration periods back to 25 years.”

          • #20614 Reply
            Avatar
            Kendal

            Yeah I missed it, and I read it 4 times….

      • #20565 Reply
        Avatar
        Maestro

        Well, actually they said they don’t “recommend it”, but they didn’t outright say “don’t attempt it”.

        • #20567 Reply
          Fred
          Fred
          Admin

          Yeah…that must be it……

    • #20949 Reply
      Avatar
      Tim Lawver

      Given that SORNA is the basis for all electronic domestic surveillance and was upheld in DOE (2003) the recent determinations in federal courts that THESE USES of databases are obviously unconstitutional has placed the deep state in quite a bind, thus the delay while the desperate deep state develops a work around. Such uses of databases are not appropriate for the gov’t to impose without process and the public notice that comes along with it.

      So many believed all this is about the sex offender when essentially DOE was really about the deep state wanting unfettered use of a new tool known as an electronic database. If with respect to individual liberty the state can indenture the individual to a database than it is also reasonable to monitor the general population with them too – thus we got METADATA COLLECTION from the deep state.

      So ya’ all think my logic twisted have a look at SETSA – Stop enabling sex trafficking act which is making its way through congress. Once again we see the powers that be using “Sex” to advance the surveillance cause AND further undermine basic constitutional protections against unreasonable search and seizure. Head on over to EFF.org to see the details of SETSA and eff’s objection to it.

    • #21123 Reply
      Avatar
      Bill

      The U.S. Supreme Court will not be back from summer recess until October 1st. I would expect hearing from them some time next month. Yep, everyone should stay compliant until U.S. Supreme Court has their say. Thanks to all those that have worked on this case.

      • #21125 Reply
        Robin Vander Wall
        Robin Vander Wall
        Admin

        The Court will actually begin preparing for the beginning of the new term a week earlier. The first conference is scheduled for Monday, September 25.

        • #21127 Reply
          Fred
          Fred
          Admin

          I beat you LOL

          • #21130 Reply
            Robin Vander Wall
            Robin Vander Wall
            Admin

            Yeah. But I used more words.

      • #21126 Reply
        Fred
        Fred
        Admin

        Actually SCOTUS is scheduled to conference on this case Sept. 25th and will likely issue an order for it Sept. 28th.

        • #21128 Reply
          Avatar
          Bill

          Oh wow! That is cool. Thanks for the info Fred and Robin.

    • #35654 Reply
      Avatar
      ALAN

      Related to all disabled persons, we need a Federal Lawsuit to bring the following result:
      Disabled Persons – If a person that is permanently or temporarily disabled, or medically compromised, does not have the ability to register – including weather-related conditions and additional illness to said disability-, whether in-person at a law enforcement agency or online, law enforcement should go to the individual to register them. Law enforcement, the registrant, or the registrant’s legal representative should have the ability to petition the court to discontinue registration for individuals that are disabled. This includes persons with learning or physical disabilities (including, but not limited to conditions such as autism, cognitive impairment, cancer, Alzheimer/dementia, debilitating illness, severely disabling injury, etc.)

      I am frequently in additional to my paralysis unable to register in-person due to severe additional illnesses (like Urinary Tract Infection, the flu, etc.), which leave me weak and unable to drive and undergo the physical works to get dressed and perform all the transfers into the driver’s seat, out of it, into and out of the wheelchair and then to undress when back home.

      I also have no one able to do this registration for me with a Medical Power of Attorney exception.

Viewing 3 reply threads
Reply To: ACLU of Michigan implores Michigan registrants to remain compliant, for now
We welcome a lively discussion with all view points provided that they stay on topic - keeping in mind...

  • *You must be 18 or older to comment.
  • *You must check the "I am not a robot" box and follow the recaptcha instructions.
  • *Your submission must be approved by a NARSOL moderator.
  • *Moderating decisions may be subjective.
  • *Comments arguing about political or religious preferences will be deleted.
  • *Excessively long replies will be rejected, without explanation.
  • *Be polite and courteous. This is a public forum.
  • *Do not post in ALL CAPS.
  • *Stay on topic.
  • *Do not post contact information for yourself or another person.
  • *Please enter a name that does not contain links to other websites.

  • *DO NOT POST LINKS TO OTHER WEBSITES
Your information:





<a href="" title="" rel="" target=""> <blockquote cite=""> <code> <pre class=""> <em> <strong> <del datetime="" cite=""> <ins datetime="" cite=""> <ul> <ol start=""> <li> <img src="" border="" alt="" height="" width="">