Video Conference with Attorney Miriam Aukerman on Michigan SORA Ruling

Watch a video conference for Michigan registrants, held Feb. 17 with ACLU Senior Attorney Miriam Aukerman, Oliver Law Group Attorney Alyson Oliver, and Paul Reingold to learn updates for registrants after the ruling Feb. 14.

On Feb. 14, U.S. District Judge Robert Cleland ruled to provide relief for registrants on the Michigan Sex Offender Registration Act. Judge Cleland ordered that if the legislature does not bring the law into compliance with constitutional requirements, the state will no longer be able to enforce the law against pre-2011 registrants. 

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  • This topic has 1 reply, 1 voice, and was last updated 8 months ago by AvatarWC_TN.
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    • #68617 Reply
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      WC_TN

      I am a registrant in the state of TN, which is also in the 6th Circuit.

      I am wanting to find out what about Michigan’s residency/work/presence restrictions were vague. Did the statute not state how the distances were measured or is it that you can’t tell whether or not you’re violating the law unless you know where every school, park, playground, etc. in the city is located as there are no physical indicators that one is entering a restricted zone?

      The state of TN specified that our exclusion zones are measured property line to property line at their closest points. However, when one is out and about, there’s no way to tell if an exclusion zone is being breached. There are no physical markers of any kind. There’s an on-line app the T.D.O.C. uses to confirm home and job plans that has all the exclusion zones plotted and I know the web address, but not everyone knows about it and if an offender has an Internet-based offense, they’re not allowed to go on-line. The only way to know when one is breaching an exclusion zone is to be saddled with a G.P.S. tracking bracelet and that is NOT an acceptable solution.

      Since rulings from the 6th Circuit are authoritative within the 6th Circuit, will that require the states to automatically bring their registry laws into compliance with the ruling or will registrants in every other 6th Circuit state have to take legal action in their respective states and sue for change and wait years for their challenges to reach the 6th Circuit?

      There are parts of SORA that Judge Cleland ruled against that were NOT a part of the 6th Circuit’s ruling. That ruling overturned the residency restrictions, the requirement to hand over all phone numbers and on-line identifiers, etc., and a list of vehicles operated by the registrant. For registrants in other 6th Circuit states, that ruling would only be CONVINCING, but NOT AUTHORITATIVE. Right? Would registrants in other 6th Circuit states have to file their own challenges at the state level and get them before the 6th Circuit and get them overturned there?

      How much effect will this ruling have on all other 6th Circuit states

    • #68969 Reply
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      Tony

      I am on Hyta and finished my stipulations to get it off my record but I still have to register because of the changes in 2011 to the sora. I was charged in 2001 and I originally was supposed to register for 20 years and because of what’s going on will I be eliminated off the registry?

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