š JUVENILE PETITIONING
PROCESS ›
General
Information:
·
Some individuals adjudicated as juveniles may
qualify to petition their sentencing court to be released from registration
requirements.
·
A juvenile petition MUST be filed before October 1, 2007 or within
3 years after the individual is discharged from the jurisdiction of the
juvenile court, whichever is later, or the opportunity is lost.
·
DO NOT LOSE YOUR
o
If you completed your sentence prior to
10/1/2004 you ONLY have until 10-1-2007 to petition the court to be released
from registration responsibilities.
o
If you completed your sentence after
10/1/2004 you must file a petitions after your 17th
birthday and before your 20th birthday.
o
You ONLY have ONE opportunity to petition. If
the deadline passes or the petition is denied, you cannot go back to court to
petition at any other time down the road. Petition on time and give it your
best shot!
·
The petitioning process states that you must prove
by “clear and convincing evidence” that you are not likely to commit further
“listed” (registerable) offenses. Some of our recommendations in providing this
“proof” are:
o
Talk with your attorney about having a risk
assessment done.
o
Get character reference letters
o
Wait until closer to the end of the deadline you
have to petition. The fact that you have been offense free during this time
period would carry weight.
·
It is important that you know that the victim will
be informed about the petition if the prosecutor can locate them. The victim
will also have an opportunity to submit a written statement or be present at
the hearing.
·
To look up a specific MCL (Michigan Compiled Law)
number go to the Michigan Legislature
website.
·
HIRE AN ATTORNEY! Shop around and try to
find one who has had experience with petitioning and whose petitions have been
successful. If you cannot find one who has petitioned before, KNOW the process
and make sure that all your bases are covered!
·
Pertinent information regarding a Juvenile petition is in red below. Explanations are in {brackets}.
SEX OFFENDERS REGISTRATION ACT
Act 295 of 1994
28.728c Individual convicted of violation described in subsection (15); petition; jurisdiction; limitations; oath; contents; false statement; filing copy with office of prosecution; notice; entry on database; hearing; rights of victim; factors in court determination; court order; individuals with right to petition.
Sec. 8c.
(1) An individual
described in subsection (15) who is convicted
before October 1, 2004 of a violation described in that subsection may
petition the court under this section for an order allowing him or her to
register under this act as provided in section 8d(1).
(2) An individual
described in subsection (15)(a) or (b) who is convicted on or after October 1, 2004 of a violation described in
that subsection may petition the court under this section for an order allowing
him or her to register under this act as provided in section 8d(1).
(3) This section is the sole means by which an individual may
obtain judicial review of his or her registration requirements under this act.
This subsection does not prohibit an appeal of the conviction or sentence as
otherwise provided by law or court rule.
(4) A petition filed under this section shall be filed in the court in which the individual was convicted of committing the listed offense. A petition filed under subsection (1) shall be filed before October 1, 2007 or within 3 years after the individual is discharged from the jurisdiction of the juvenile court or, if the individual was assigned to youthful trainee status, within 3 years after he or she has successfully completed youthful trainee status, whichever is later, and, except as otherwise provided in this subsection, the court shall not consider a petition filed by the individual after that date. A petition filed under subsection (2) shall not be filed before the individual's seventeenth birthday or after the individual's twentieth birthday. If the individual is charged in this state or elsewhere with committing, attempting to commit, or conspiring to commit a felony, other than the felony for which he or she has filed the petition for registration as provided under section 8d, or an offense that if committed by an adult would be a felony, the court may hold the petition in abeyance until the charges are finally disposed of. If the court holds the petition in abeyance, the 3-year limitation periods described in this subsection begin to run when the period of abeyance has ended. A petition shall not be filed under this section if a previous petition was filed under this section and was denied by the court after a hearing. As used in this subsection, “felony” means a crime that is specifically designated to be a felony or that is punishable by imprisonment for more than 1 year.
(5) A petition filed under this section shall be made under
oath and shall contain all of the following:
(a) The name and address of the petitioner.
(b) A statement identifying the offense for which registration
as provided in section 8d is being requested.
(c) A statement of whether the individual was previously
convicted of a listed offense for which registration is required under this
act.
(d) A statement specifically stating that the individual is not
disqualified under subsection (14) from filing a petition under this section.
(6) An individual who
knowingly makes a false statement in a petition filed under this section is
guilty of perjury as proscribed under section 423 of the Michigan penal code,
1931 PA 328, MCL 750.423.
(7) A copy of the petition shall be filed with the office of the prosecuting attorney that prosecuted the case against the individual at least 30 days before a hearing is held on the petition. The prosecuting attorney may appear and participate in all proceedings regarding the petition and may seek appellate review of any decision on the petition.
(8) If the name of the victim of the offense is known by the prosecuting attorney, the prosecuting attorney shall provide the victim with written notice that a petition has been filed and shall provide the victim with a copy of the petition. The notice shall be sent by first-class mail to the victim's last known address. The petition shall include a statement of the victim's rights under subsection (11).
(9) If an individual
petitions the court under subsection (1) or (2) for an offense described in
subsection (15)(a) or (b) and the individual is not on
the database maintained under section 8(2) {Public Registry} at the time the petition is filed, the court may order the department not to place the individual on that
database during the period in which the court is considering whether to grant
the petition as follows:
(a) Except as provided in subdivision (b), for a period of 30
days after the date the order is issued or as provided by the court, whichever
occurs first.
(b) If jurisdiction is continued by the court past the
individual's seventeenth birthday, during the period in which jurisdiction is
continued. The court shall notify the department of the order as required under
section 8d.
(10) If an individual
properly files a petition with the court under this section, the court shall conduct a hearing on the
petition as provided in this section.
(11) The victim has the right to attend all proceedings under this section
and to make a written or oral statement to the court before any decision
regarding the petition is made. A victim shall
not be required to appear at any proceeding under this section against his or
her will.
(12) The court shall consider all of the following in
determining whether to allow the individual to register under this act as
provided in section 8d:
(a) The individual's age and level of maturity at the time of
the offense.
(b) The victim's age and level of maturity at the time of the
offense.
(c) The nature of the offense.
(d) The severity of the offense.
(e) The individual's prior juvenile or criminal history.
(f) The individual's likelihood to commit further listed
offenses.
(g) Any impact statement submitted by the victim under the crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under this section.
(h) Any other information considered relevant by the court.
(13) If the court
determines that the individual meets the criteria for registration under
section 8d, the court may order the individual to register under this act as
provided in that section.
(14) The court shall not grant a petition filed under
this section if any of the following apply:
(a) The individual was previously convicted of a listed offense
for which registration is required under this act.
(b) The
individual fails to carry the burden of proving by clear and convincing
evidence that he or she is not likely to commit further listed offenses.
(c) The court
determines that the offense involved any of the following:
(i) A factor set forth in section 520b(1)(b)
to (h) of the
(ii) A factor set forth in
section 520c(1)(b) to (l) of the
(iii) A factor set forth
in section 520d(1)(b) to (e) of the Michigan penal code, 1931 PA 328, MCL
750.520d.
(iv) A factor set forth in
section 520e(1)(b) to (f) of the
(d) The individual is charged in this state or elsewhere with
committing, attempting to commit, or conspiring to commit a felony, other than
the felony for which he or she has filed the petition for registration as
provided under section 8d, or an offense that if committed by an adult would be
a felony. This subsection does not prohibit the court from holding the petition
in abeyance under subsection (4). As used in this subdivision, “felony” means a
crime specifically designated to be a felony or that is punishable by
imprisonment for more than 1 year.
(e) The individual was sentenced for the offense as an adult. This subdivision does not apply to an individual described in subsection (15)(c) who successfully completed his or her probationary period and was discharged from youthful trainee status.
(15) The right to petition under this section applies to all
of the following individuals:
(a) An
individual who is convicted as a juvenile
under section 520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL
750.520b, 750.520c, and 750.520d, of
committing, attempting to commit, or conspiring to commit a violation solely
described in section 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan
penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, if either of the following applies:
(i) The individual was under 13 years of age when he or she
committed the offense and is not more than 5 years older than the victim.
(ii) The individual was 13
years of age or older but less than 17 years of age when he or she committed
the offense and is not more than 3 years older than the victim.
(b) An individual who was
charged under section 520b, 520c, or 520d of the Michigan penal code, 1931
PA 328, MCL 750.520b, 750.520c, and 750.520d, with committing, attempting to commit, or conspiring to commit a
violation solely described in section 520b(1)(a), 520c(1)(a), or 520d(1)(a)
of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, and is convicted as a juvenile of
violating, attempting to violate, or conspiring to violate section 520e or 520g
of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if either of the following applies:
(i) The individual was under 13 years of age when he or she
committed the offense and is not more than 5 years older than the victim.
(ii) The individual was 13
years of age or older but less than 17 years of age when he or she committed
the offense and is not more than 3 years older than the victim.
(c) An individual who has successfully completed his or her probationary period under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, for committing a listed offense, and has been discharged from youthful trainee status.
History:
Add. 2004, Act 240, Eff. Oct. 1, 2004
28.728d Court order granting petition.
Sec. 8d.
(1) An individual who petitions the court under section 8c to
register as provided in this section shall register under this act as follows:
(a) For a violation described in section 8c(15)(a) or (b), the individual shall register under this
act until the petition is granted but is not subject to the requirements of
section 8(2) {Public Registry}.
(b) For a violation described in section 8c(15)(c) and for which the petition is granted, the individual shall register under this act for a period of 10 years after the date he or she initially registered or, if the individual was in a state correctional facility, for 10 years after he or she is released from that facility, whichever is greater, and is subject to the requirements of section 8(2) during that registration period.
(2) If the court under
section 8c orders an individual to register under this section pending the court's
determination of the petition, the court shall promptly provide a copy of that
order to the department and to the individual. If the department is provided
with an order under this subsection for an individual described in section
8c(15)(a) or (b), the department shall not enter the individual's registration
into the database maintained under section 8(2) {Public Registry} until ordered by the
court to do so or until expiration of the order, whichever occurs first.
(3) If the court grants a petition filed under section 8c,
the court shall promptly provide a copy of that order to the department and to
the individual. If the department is
provided with an order under this subsection for a violation described in
section 8c(15)(a) or (b), the department shall not enter the individual's
registration into the database maintained under section 8(2) {Public Registry} or, if the person is
already registered, shall promptly remove that registration from the database
maintained under section 8(2). The department shall promptly remove an
individual's registration from the database maintained under section 8(1) {Non-Public
Registry} upon
expiration of the applicable registration period described in subsection (1) or
(2) as provided in those subsections.
History: Add. 2004, Act 240, Eff. Oct. 1, 2004