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Articles Concerning Sex Offender Issues ©
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Updated as news and court cases becomes available. Topics, issues, court cases, and consequences facing former sex offenders and those accused (adults & juveniles), in prison, jail, civil commitment and LifeAfter in society. The truth about recidivism, dangerousness, registration, community notification, harassment -to- vigilantism, therapy, and community issues of housing, employment and schools. United Nations human rights issues addressed. Site keeps advocates, criminal justice and mental health professionals, and public policy decision makers up to date.
Some significant misconceptions and ways sex offender registries mislead the public:
CLICK to submit additional ways registries mislead the public.
2-18-2009 See the NEW UPDATED "Murders in the U.S. 2008: Registered Sex Offenders & Others."
Michigan's residency law appears to have been the cause of the death of Thomas Pauli one of the state's registrants. Click to read the story.
New Backgrounder file (Sept 2008) was posted:
As to folks who have moved out of state and provided Michigan with proper change of address information, the backgrounder file says:

In addition, those individuals who are deceased and offenders who have moved out of the state/country are removed from the PSOR following the submission of a death certificate or notification of a change of address.

Given the number of folks who have complained that is not true, what more can we say? They are supposed to do it but as usual with Michigan, things rarely get done as they should be done.
UPDATE: January 2008: Michigan is now listing on PSOR (Public Sex Offender) registry, all those who are incarcerated -IN PRISON- for sex crimes. Now if that isn't insane enough, Michigan also includes in their NON-COMPLIANT figures, anyone IN PRISON who has not completed forms according to registry laws.

Insane? Yes, some incarcerated for LIFE, or 20-30-40-50 years, for a sex crime, do you think they care about registry laws, while in prison? NO! Michigan wants the public to be in a constant state of hysteria, thats the only reason to do something like this. Those in prison should not be on the Public registry until they are released!

Correctional Facility Addresses: CLICK, using the facility zip code and address, check for yourself. Registry
Recidivism: The truth about recidivism in Michigan. A eleven year study of recidivism of Michigan parolees. Cumulative parole board recidivism statistics for all crime types 1990-2000 of all offenders paroled from Michigan prisons annually.

Assessing Dangerousness: States suggest that society should assess each registrant based on the information the state provides: Assessment of a registrant is impossible given the only information provided is at the point of the offense, which could have been many years ago. This is the exact system suggested by the Adam Walsh Act and falsely portrays registrants in today's light.
Photo: The photo displayed is current and not as of when the offense was committed. Over time, juvenile registrants mature, their current photo is then as an adult giving the public the perception that an adult committed the crime.

For readers convenience direct links to each MCL statute of SORA
on the Michigan Legislature website (as of 1-10-2008):
On January 17, 2008 the Michigan Legislature made a 15-page listing of all the registration laws available for the public. Or, you can use the individual laws below which we update as the laws change.
Sec 1  : 28.721 Short title.

Sec 1a :28.721a Legislative declarations; determination; intent.

Sec 2  :28.722 Definitions.
Within MCL 28.722 are many definitions, one of them is known as the "Catch All Provision" which requires registration of certain cases that appear to be something other than a sex offense. See: MCL 28.722(e)(xi) Any other violation of a law of this state or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age. In 2003 the MSP asked the Attorney General to clarify this provision: See Their Letters (pgs 2-4)
Sec 3  :28.723 Individuals required to be registered.

Sec 4  :28.724 Registration; procedures.

Sec 4a :28.724a Status report to local law enforcement agency; requirements; reports; written documentation.

Sec 5  :28.725 Change of domicile or residence; notice requirements; release of incarcerated individual; notice to sheriff's department.

Sec 5a :28.725a Notice to registered individual; explanation of duties; reporting requirements.
(1) Not later than December 1, 2004, the department shall mail a notice to each individual registered under this act who is not in a state correctional facility explaining the individual's duties under this section and this act as amended (DD-004A form)and the procedure for registration, notification, and verification and paying the registration fee prescribed under subsection (7) or section 7(1).

(2) Upon the release of an individual registered under this act who is in a state correctional facility, the department of corrections shall provide written notice to that individual explaining his or her duties under this section and this act as amended (DD-004A form) and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (7) or section 7(1). The individual shall sign and date the notice. The department of corrections shall maintain a copy of the signed and dated notice in the individual's file. The department of corrections shall forward the original notice to the department within 30 days, regardless of whether the individual signs it.

(6) When an individual reports under subsection (3) or (4), an officer or authorized employee of the local law enforcement agency, sheriff's department, or department post shall verify the individual's residence or domicile and any information required to be reported under section 4a. The officer or authorized employee shall sign and date a verification form. (See NOTE) The officer shall give a copy of the signed form showing the date of verification to the individual. The officer or employee shall forward verification information to the department by the law enforcement information network in the manner the department prescribes. The department shall revise the databases maintained under section 8 as necessary and shall indicate verification in the compilation under section 8(2).

NOTE: Beginning with the January 2008 registration period, most registering agencies began using a computerized "Address Verification Offender Receipt" form. In lieu of that form they were providing, or should have provided, a copy of the DD-004 form to the registrant.
Sec 5b :28.725b Sex offenders registration fund; creation; disposition of money; use; lapse; claim of indigence; waiver of fee; payments.

Sec 5c :28.725c Fee collected by department of corrections; prohibition.

Sec 6  :28.726 Providing or forwarding copy of registration or notification.
(1) The officer, court, or agency registering an individual or receiving or accepting a registration (DD-004 form) under section 4 or receiving notice under section 5(1) shall provide the individual with a copy of the registration or notification at the time of registration or notice.

(2) The officer, court, or agency registering an individual or receiving or accepting a registration under section 4 or notified of an address change under section 5(1) shall forward the registration or notification to the department by the law enforcement information network within 3 business days after registration or notification.
Sec 7  :28.727 Registration form.

Sec 8  :28.728 Database; compilation; availability.

Repealed:28.728a, 28.728b: 28.728a, 28.728b Repealed. 2004, Act 240, Eff. Oct. 1, 2004.

Sec 8c :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 8d :28.728d Court order granting petition.

Sec 9  :28.729 Registration required; violations; penalties.

Sec 10 :28.730 Confidentiality; exemption from disclosure; availability of information from compilation; violation as misdemeanor; penalty; civil cause of action; applicability of subsections (4) and (5) to compilation.

Sec 11 :28.731 Effective date.

Sec 12 :28.732 Conditional effective date.

Student Safety Zone Information
Sec 33 :28.733 Definitions.

Sec 34 :28.734 Prohibited conduct; violation; penalty; exceptions; other violations; right to vote.

Sec 35 :28.735 Registered individual residing in student safety zone; prohibited conduct; violation; penalties; exceptions.

Sec 36 :28.736 Exemptions.

Michigan Registration forms used since registration began:
Form No. /
Type
Date Issued /
Revision Date
Notifications
on backside
DD-4
10-1995
YES
 
 
 
DD-4
8-1999
YES
DD-4A
8-1999
No
MSP Letter
8-30-1999
No
 
 
 
DD-4
03-2001
YES
 
 
 
DD-4
10-2002
YES
DD-4A
10-2002
No
MSP Letter
11-1-2002
No
 
 
 
DD-4
02-2003
YES
 
 
 
DD-4
08-2004
No
DD-4A
08-2004
No
MSP Letter
9-24-2004
2 pages
 
 
 
DD-4
05-2005
No
DD-4A
05-2005
No
 
 
 
DD-4
12-20-2007
No
DD-4R
12-2007
No
DD-4S
12-2007
No
 
 
 
Computerized
Address Verification
Offender Receipt
Computer Prints
Date Issued
This began in January of 2008
No
 
 
 
The forms dated December of 2007 are not in use just yet, at least no one has told us of their use. Samples of them can be found on the Michigan State Police site HERE

COPIES OF FORMS:
We strongly suggest that whenever a registrant registers, verifies their address, or changes their address that they get a copy of the forms used in that procedure. The statute on the left shows that they are required to provide copies, and registrants SHOULD keep all copies so they can prove they have done what is required of them by the law!

Note: We have been told that some registering agencies, not all, often refuse to provide copies of the DD-004A when a registrant signs one. This is insane, look at the title of the form "EXPLANATION OF DUTIES TO REGISTER AS A SEX OFFENDER," there is no possible way anyone can remember -into the future- every word on that form, it is impossible. Is their reasoning that, once they have what is necessary to convict you in court -even of technical errors which can result in non-compliance- they don't care if you follow them or not? Registrant remember, you are the one that will go to jail if convicted, get copies, the law requires it.

Registrants need to focus on protecting themselves, just like registering agencies focus on protecting themselves by getting your signature!

Further proof that they do not care about registrants is found on the public registry.. Remember it used to say "Anyone who uses this information to commit a criminal act against another person is subject to criminal prosecution.", well that wasn't much, but it has been removed from today's public registry disclaimer. Do you think they care about RSOs or their families?

Just in case anyone thinks folks are not being murdered, see our blog of murders we know of today! Here is our compilation of all deaths, none of natural causes!

Other related sources which touch on the sex offender registry and sex offenses.
The following three categories only display cases which have been found in news reports. By no means are these all there are as the media is careful not to print most of what ishappening to RSOs and their families, instead focusing on harms caused by sex offenses, which while true, shows the prejudice in reporting:

Acts of VIGILANTISM targeting MICHIGAN registered sex offenders or persons accused of sex offenses.

Suicides and Other Deaths of MICHIGAN registered sex offenders or persons accused of sex offenses.

Murders of MICHIGAN registered sex offenders or persons accused of sex offenses.
State of Michigan Website: The main portal for the state of Michigan on the Internet.
Michigan epartment of Corrections: Department Policy Directives and Operating Procedures.
Michigan History, Arts and Libraries: This is very important because here is where you can access the State Law Library in Lansing. They even have a Research Section available to help folks find things. Most things do cost soomething but access to it is available from your home.
Michigan Legislature: Use to see bills not yet law, and older ones now law.
Court's Sexual Assault Benchbook: Everything which the courts apply to sex cases.
Michigan Court System. This is where everything related to Michigan Courts that is online can be accessed from. There is so many links that it is impossible to explain them.

If you need something specific and cannot seem to find it, then send a e-mail to eAdvocate and I will do my best to find it for you.

Please remember, many of the court forms while listed and explained online, you must go to your local court to get a copy of them.
Michigan Court Rules. The purpose of the Court Rules is to establish uniform rules and procedures for all levels of Michigan's court system. These regulations ensure that cases are resolved without undue delay and that those who appear in court receive due process and equal treatment under the law.
Michigan Court Opinions. After clicking, then under "RESOURCES" you will find "COURT OPINIONS" click, then "SEARCH OPINIONS."
MSP FAQ about the Registry:
MSP Registry Maintenance Procedures: These were on the Internet (May 2006) and now have been removed.
Most Current MSP Registry Statistics: MSP produces stats quarterly (sometimes) and replaces the previous file. However, we store the history HERE
General Statute of Limitations for crimes in Michigan: MCL 767.24 6 Years
ICHAT (ICHAT) Internet Criminal History Access Tool Manual
Performance Audit Findings Summary of the Michigan Sex Offender Registry, 2005 (Report No. 55-595-04). CLICK for their full July 2005 report. Finally, our Commentary about that Audit. Here is a link folks should know about: Auditor General's Office: e-mail addresses.
Michigan Department of Human Services (DHS), Bureau of Juvenile Justice (BJJ) manual for sex offender registration.
Michigan Dep't of Corrections: Policy Directives and Operating Procedures. Pay particular attention to the Field Operations section as that covers folks on parole and probation.
HOW DO I CLEAR MY NAME?, A Guide To Help You Correct Your Record If It Contains Crimes You Did Not Commit
Attorney Discipline Board. A place to check to see if folks have complained about Michigan attorneys.

From Citizens for Second Chances Site:

Registration information,   HYTA Petitioning Process,    Juvenile Petitioning Process,   Juvenile Set Asides (expungements),   Adult Set Asides (expungments),  

Registrants with Disabilities

At times there are registrants who because of their disability (Physical, mental or developmental), and the requirements of the registration laws, the registrants are not able to comply with the registration laws.

An example of this might be, a registrant who doctors have said they only have a short time to live, but that is not the only example. The point is, that the registrant's circumstances are DIRE in some way making it impossible to comply with the law.

Under the Americans with Disability Act (ADA) they can request a "reasonable accommodation," explaining their circumstances and the accommodation they wish and the State must consider the request and render a decision, whether or not to grant the request. The state may also propose some alternate method of compliance as part of their decision.

There is a special way this must be done and remember the registrant's circumstances MUST BE DIRE, don't think of this unless DIRE can be met; lying under registration laws, and federal law which the ADA is, is a crime. Registrants are forewarned, truthfully DIRE is the standard!
The Americans with Disabilities Act website. Contains many sources which may be helpful to registrants and their families.

Use to research when various provisions of law were enacted
Chronological list of Public Acts which have amended or were added to the original Michigan's Sex Offender Registration Act (1994 PA 295):
Year Legislation was Enacted
Public Act No. (PA)
Effective Date of Laws within the PA
1994
PA 286 (1)#
10-1-1995
1994
PA 287 (1)#
10-1-1995
1994
PA 294 (1)#
10-1-1995
1994
PA 355 (1)#
10-1-1995
1994
PA 295 (1)#
10-1-1995
1995
PA 10
10-1-1995
All of the Public Acts above formed the initial Sex Offender Registration Act
MCL Statutes: 28.721   28.722   28.723   28.724  28.725   28.726    28.727   28.728   28.729   28.730   28.731
Here is a PDF copy of the original Sex Offenders Registration Act (SORA), 1994 PA 295.
The copy was made from a paper version because the Michigan legislature website does not have one posted, yet.

• Requires registration and change of address for persons convicted of certainsexual offenses or who are under the supervision of the Michigan Department of Corrections for these offenses on or after Oct. 1, 1995, including juveniles.
• Requires that addresses be registered with local law enforcement.
• Sets a minimum registration of 25 years, and a lifetime registration for second or subsequent offenses.
• Sets a four-year felony for failure to comply with registration requirements.
• Makes information only available to law enforcement and exempt from Freedom of Information Act requests.
• Registrants ARE NOT required to sign the forms BUT registering officials ARE required to sign the forms.
 
 
 
1996
PA 494
4-1-1997
MCL Statutes Amended: 28.726  28.727  28.728  28.730

• Makes the names on the registry available to the public via local law enforcement agencies (Paper lists).
 
 
 
1999
PA 85
9-1-1999
MCL Statutes Amended: 28.722  28.723  28.724  28.725  28.727  28.728  28.729  28.730
MCL Statutes Added: 28.725a (Sec. 5a)  28.728a (Sec. 8a)  28.728b (Sec. 8b)

• Makes the Public Sex Offender Registry available on the Internet.
• Substantially Expands the offenses requiring registration on the list (Added a significant number of offenses).
• Added the definition for the terms "Residence" and "Student."
FROM MSP Summary 2006: • Requires offenders to register a current address for 25 years after conviction or a ten-year minimum measured from the date the person was released from prison and placed on parole, supervised release or probation, whichever is longer.

FROM STATUTE MCL 28.725(7): (7) Except as provided in subsections (8) and (9), an individual shall comply with this section for 25 years after the date of initially registering or, if the individual is in a state correctional facility, for 10 years after release from the state correctional facility, whichever is longer.

As folks can see the police give out incorrect information! Should folks find other errors please let us know..
• Requires sex offenders on the Michigan registry who move to another state to report their change of address to the Michigan State Police and to comply with the registration requirements of the new state of residency.
• Requires registrants to verify their addresses with local law enforcement four times per year if registered for one or more of the felony listed offenses, and one time per year if registered for one or more of the misdemeanor listed offenses.
• Changes form signing requirements: Now Registrants ARE required to sign the forms AND registering officials ARE also required to sign the forms.
 
 
 
2002
PA 542
10-1-2002
MCL Statutes Amended: 28.722  28.725  28.725a  28.727  28.728  28.730
MCL Statutes Added: 28.721a (Sec. 1a)  28.724a (Sec. 4a)

• Added the definition for the term "Institution of Higher Education."
• Requires sex offenders to provide information to local law enforcement if the offender is working, volunteering or attending an institution of higher learning.
• Adds Legislative Intent: The legislature declares that the sex offenders registration act was enacted pursuant to the legislature's exercise of the police power of the state with the intent to better assist law enforcement officers and the people of this state in preventing and protecting against the commission of future criminal sexual acts by convicted sex offenders. The legislature has determined that a person who has been convicted of committing an offense covered by this act poses a potential serious menace and danger to the health, safety, morals, and welfare of the people, and particularly the children, of this state. The registration requirements of this act are intended to provide law enforcement and the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger.
 
 
 
2004
PA 237
10-16-2004
MCL Statutes Amended: 28.724  28.724a  28.725a  28.727  28.729
MCL Statutes Added: 28.725b (Sec. 5b)  28.725c (Sec. 5c)

• Requires individuals convicted of an offense listed under the Sex Offenders Registration (SOR) Act to pay a one-time $35 registration fee.
• Makes refusing or failing to pay either fee a misdemeanor punishable by imprisonment for up to 90 days.
• Requires courts, local law enforcement agencies, sheriff’s departments, or Michigan State Police (MSP) posts to collect the fees.
• Creates the Sex Offender Registration Fund, maintained by MSP, to be used for training concerning registry and the maintenance and automation of the databases, compilation and information required under the SOR Act.
• Provides that money in the Sex Offender Registration Fund at the end of a fiscal year remain in the fund and not lapse into the General Fund.
• Requires the $35 registration fee be distributed in the following way: A) $25 to the Sex Offenders Registration Fund; B) $10 to the collecting agency
 
 
 
2004
PA 240
10-1-2004
MCL Statutes Amended: 28.722  28.724  28.725  28.725a  28.728  28.730
MCL Statutes Added: 28.728c (Sec. 8c)  28.728d (Sec. 8d)
MCL Statutes Repealed: 28.728a (Sec. 8a)   28.728b (Sec. 8b)

• Makes changes to the Sex Offender Registration (SOR) Act registration requirements for juveniles, ages 13 to 16, and participants in the Holmes Youthful Trainee Act (HYTA), ages 17 to 21, convicted of certain sex offenses. (HYTA allows individuals ages 17 to 21, convicted of a criminal offense, to participate in a probation program. If they comply with the program, the conviction does not appear on their public criminal history.)
• Requires a person assigned to HYTA before Oct. 1, 2004, to comply with the sex offender registration requirements and remain on the sex offender registry. These individuals may petition the court for a reduced registration period of ten years. Persons assigned to HYTA after Oct. 1, 2004, are not required to be on the public sex offender registry.
• Makes juveniles, ages 13 to 16, convicted of certain sexual offenses remain on the non-public registry until his/her 18th birthday, unless ordered by the court to remain on the registry for a longer period.
 
 
 
2004
PA 238
5-1-2005
MCL Statutes Amended: 28.728

• Requires the public sex offender registry to include the photograph of each individual registered under the Sex Offenders Registration Act.
• States the Michigan State Police may obtain photographs from the Secretary of State to fulfill this requirement.
 
 
 
2005
PA 121
1-1-2006
MCL Statutes Added: 28.733   28.735   28.736

• Prohibits convicted sex offenders from residing within a student safety zone which is defined as the area that lies 1,000 feet or less from school property.
• Includes several exceptions such as offenders who worked or resided within a student safety zone before the effective date, offenders who are incarcerated at a facility within the zone, and offenders who are patients at a facility within the zone.
 
 
 
2005
PA 123
1-1-2006
MCL Statutes Amended: 28.725

• Added the word "Vacates" to MCL 28.725.
 
 
 
2005
PA 127
1-1-2006
MCL Statutes Amended: 28.733
MCL Statutes Added: 28.734

• Prohibits convicted sex offenders from working or loitering within a student safety zone which is defined as the area that lies 1,000 feet or less from school property.
• Includes several exceptions such as offenders who worked within the student safety zone prior to the effective date and offenders who intermittently or sporadically enter a zone for the purposes of work.
 
 
 
2005
PA 132
1-1-2006
MCL Statutes Amended: 28.725  28.729

• Modifies the penalties for an offender who fails to verify their address either quarterly or annually as required from a 93-day misdemeanor to a graduated penalty.
A) For a first offense, the penalty remains a misdemeanor punishable by up to 93 days imprisonment and/or a fine of not more than $1,000; B) For a second offense, the penalty is a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $2,000; C) For a third offense or a subsequent violation, the penalty is a felony punishable by imprisonment for not more than four years and/or a fine of not more than $2,500.
 
 
 
2005
PA 301
2-1-2006
MCL Statutes Amended: 28.722

• Adds offenses to the Act by redefining the term "Convicted"
• Redefined the terms "Municipality," "Residence," and "Student."
 
 
 
2005
PA 322
1-1-2006
MCL Statutes Amended: 28.725a  28.734

• Prior to this Act 750.145A (Cutoff date 6-1-2002) -AND- 750.145(c)(4) (cutoff date 4-1-2003) used cutoff dates to determine whether registry law should treat them as a misdemeanor or felony (see DD-4 02-2003 backside). This Act effectively eliminated the cutoff dates so that those crimes are treated as felonies under registry law. The effect on those registrants is, they go from registering ONCE ANNUALLY in January, to, registering EVERY QUARTER in January April July and October.

Beyond that, this change seems to violate the ex post facto clause, in that the severity of the crime was changed by the legislature. Registrants affected are those whose crime was committed in Michigan, and those whose crimes were committed elsewhere and moved to Michigan and the registry equated their crimes to Michigan law.
See: Caulder -v- Bull 3 U.S. 386 (1798), "I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2nd. Every law that aggravates a crime, or makes it greater than it was, when committed. 3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender. "

This is the opinion of eAdvocate (not a lawyer). See a lawyer if you think the changes by 2005 PA 322 affected your specific circumstances negatively.
 
 
 
2006
PA 402
12-1-2006
MCL Statutes Amended: 28.725

• Requires the Michigan Department of Corrections to provide a local law enforcement agency with the proposed residence of a registered offender prior to his/her release from prison.
• The Michigan Department of Corrections shall also notify a local law enforcement agency when a registered offender is transferred to a community residential program or transferred to a minimum custody correctional facility including work camps.
• As part of the Corrections Code (Public Act 403 of 2006), a registered offender is required to provide a proposed residence to the Michigan Department of Corrections prior to release from prison either for parole or at the completion of his/her maximum sentence.
 
 
 
2006
PA 46
1-1-2007
MCL Statutes Amended: 28.730

• Requires the Michigan State Police to create a subscriber system that provides notification via E-mail whenever a registered sex offender moves into a designated zip code.
 
 
 
Legend: (1) All these Acts were incorporated into and enacted as 1994 PA 295.
(#) Not on the Michigan Legislature Web Site
The links lead folks to a central page (on the Michigan Legislature website) which contains
underlying legislative documents they keep on the bills that become, or are part of, the final Public Act.

What each Act accomplished, shown above, comes from two sources: First, a MSP Summary of Legislation (Dated 12-16-2006 see note below), -AND- our reading of each Public Act which made changes. The MSP Summary omitted a few very important facts which we added.

Note: Since it is likely that once the MSP learns we have found errors in their documentation, they will remove the file, we do keep copies of the files to support our documentation above, if someone has a dire need for them. However, we do not keep copies of what is on the Michigan legislature website.

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