By NARSOL . . . In 1994 a young man in Michigan, Boban Temelkoski, pled guilty to touching a girl’s breasts. He was eligible for sentencing as a youthful, first-time offender under the Holmes Youthful Trainee Act (HYTA), and in 1997, after successfully completing the program’s probation and community service, his case was dismissed. Nevertheless, he has been included on the Michigan sex offender registry ever since.
Boban filed suit, asking for removal from the registry as he does not have a sexual offense conviction. His case made it up through the court system, and in October of last year, 2017, was heard by the Michigan Supreme Court.
That court handed down a decision today, January 24, 2018, reversing the decision by the Court of Appeals, which was that he remain on the registry, and reinstating the order of the Wayne Circuit Court to remove him “on the basis that requiring him to register violates due process.”
The Michigan ACLU was involved in bringing this suit to a successful and optimistic conclusion. According to our Michigan advocates, the hope is this will pave the way for other HYTA cases to be removed.
NARSOL congratulates Mr. Temelkoski, his attorneys, the Michigan ACLU, and our advocates in Michigan.