Michigan’s sex registry is illegal, ACLU claims in new lawsuit

Michigan’s sex registry is illegal and makes the public less safe, the American Civil Liberties Union claims.

Lawyers for the nonprofit are demanding the latest version of the Michigan Sex Offender Registration Act (SORA), which created the sex registry in 1994, in a federal class-action lawsuit against Michigan Gov. Gretchen Whitmer, state police who administer and enforce the law, out registry, and its director, Col. Joseph Gaspar.

“The courts have consistently found Michigan’s statute of registration to be unconstitutional,” said ACLU attorney Maureen Aukerman, who helped file the lawsuit. “This has been going on for a decade and the legislature finally passed legislation last year, but it’s really more of the same.

They “did not listen to the evidence presented at legislative hearings about how counterproductive this bloated, ineffective system is, because the registry undermines everything people need to be successful at re-entry.”

Aukerman said the current law prevents sex offenders from obtaining housing, employment and family support, and “sabotage the key supports people need to reintegrate into society.”

Several aspects of previous versions of the law, such as B. retrospective implementation, overly strict reporting requirements and a lack of a way for registrants to have their names removed have been rejected by both federal and state courts. The ACLU said Michigan lawmakers changed the law in 2021, supposedly to comply with court rulings and avoid a class action lawsuit — but didn’t go far enough.

“SORA 2021 continues to impose life-altering burdens without individual assessment or verification,” the lawsuit states. “SORA 2021 continues to treat all registrants – regardless of the circumstances of their crime, timing, age, rehabilitation, health, or cognitive and physical ability – as if they posed a high and unremediable public safety risk.

“And SORA 2021 brands everyone on the public register as a current threat to the community with no evidence to back it up.”

According to Aukerman, the registry, which contains a searchable online database, currently contains 55,000 names.

“That’s a tremendous number of people,” she said. “Almost 3/4 of them are in it for life and people have no way of getting away from it. There is no individual consideration.”

Among a dozen legislative changes called for by the ACLU, one requirement is that law enforcement must regularly review cases and only release conviction details of those deemed “currently dangerous.”

“SORA 2021 continues to categorize registrants into three tiers that determine frequency of reporting and registration periods (15 years, 25 years or lifetime),” the lawsuit reads. “Classification is based solely on criminal convictions, with no risk assessment. For the vast majority of registrants, there is no way out of the registry: the only way out of the registry is to die.”

The lawsuit identifies 10 anonymous genealogy registrars as plaintiffs in the lawsuit. Below are the details of their situation:

John Doe A, who was 20 in 1990, assaulted a McDonald’s executive and her son at the fast-food restaurant after he was fired from the company. According to the lawsuit, he forced the manager and her son into a back room, but they escaped. The man pleaded guilty to armed robbery and a gun offense and does not deny kidnapping, for which he spent 19 years in prison. Although the crime was not sexually motivated and no record existed at the time of sentencing, ACLU attorneys said the kidnapping became a retrospectively reportable offense before the now 51-year-old man was released. Under current law, he must remain on the register for life.

John Doe B, who was 19 in 1998, accepted a plea deal after being arrested and charged with having a sexual relationship with his 14-year-old hairdresser. He was placed on probation for four years. During this time, statutory genealogy reporting requirements were added and retrospectively applied to the case. He missed a deadline and was placed on the register for a period of 25 years. This was extended to lifetime reporting with the 2021 law changes.

John Doe C, who was 23 in 2005, got pregnant with a 15-year-old girl he met at a nightclub, who he believed was of legal age, according to the lawsuit. His conviction requires him to remain on record for life, though he eventually married the victim, with whom he raises three children.

Mary Doe was convicted of consensual sex with a 15-year-old boy while living in Ohio in 2003 and was sentenced to three years in prison, although she served only eight months. The terms of her parole required her to move to Michigan and live with her parents. Due to Michigan regulations, her sex registry requirement was extended for life, although Ohio authorities determined that she is not a sex offender or a habitual offender.

Mary Roe, a 19-year-old drug-addicted teenage runaway in 2002, was found guilty of consensual sex with a 14-year-old boy in 2003 and sentenced to three years in prison. She was released in 2004 and has not had a criminal record since, but remains on the Michigan sex registry for life.

John Doe D, a 19-year-old high school graduate in 2000, had sex with a 14-year-old freshman who initially told police it was not consensual, but later backed out, saying only that she was pressuring herself feel. He was serving 60 days in prison and probation, which he violated by attending a 2001 high school volleyball game. This led to the requirement that he be entered in the genealogy for life.

John Doe E., who is developmentally delayed, sexually touched his 6-year-old nephew in 1994 at the age of 21. He has no other criminal record and his victim, now an adult, is defying his uncle’s genealogy for life.

John Doe F, who was in college in 2009, began dating a girl who was around 14 years old. He claims he did not have sexual contact with her until she turned 16, which is the age of consent in Michigan; However, he pleaded guilty to second-degree criminal sexual conduct when prosecutors threatened to charge him with child pornography for sharing nude photos with the girl. They continued in a relationship until the then 25-year-old woman died of a “leukemia-like illness” in 2019. He remains in the genealogy for 25 years.

John Doe G sexually molested a 14-year-old boy in Nebraska in 2006 and was asked to put himself on that state’s sex registry for 10 years. He then moved to Michigan in 2010, where the rules required him to be on the register for 25 years. The 2021 law changes have increased this requirement to life.

John Doe H pleaded no crime of fourth-degree criminal sexual conduct in 2015 for improperly touching a woman he worked with and received no jail time. The Gender Register Act, amended in 2021, retroactively classified him as a “Level 1” offender, which now requires him to register for 15 years.

Read the full lawsuit:

More about MLive:

Michigan court says sex register will be penalized

The legislature approves stricter conditions for the genealogical register

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