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MICHIGAN SEX OFFENDER REGISTRATION LAW THROWN OUT IN PART
Last week, a judge in the U.S. District Court for the Eastern District of Michigan threw out portions of Michigan’s Sex Offender Registration Act of 2021 as unconstitutional in several respects.
This is important to federal prisoners convicted of sex-related offenses by far, the largest cohort of repeat offenders among those convicted of sex offenses is created by failing in some technical respect to adhere to the often Byzantine state sex offender registration statutes. Unsurprisingly, the failure to comply with state registration statutes becomes a federal crime.
In last week’s Does v. Whitmer decision, the district judge ruled that Michigan’s Sex Offender Registration Act (SORA) unconstitutionally extended registration terms retroactively from 25 years to life, subjected people not convicted of a sex offense to registration without a judicial hearing, imposed harsher registration requirements on people with out-of-state convictions than on people with state convictions, required registrants to report internet identifiers like email and social media accounts in violation of their 1st Amendment rights, and forced people to attest that they understood SORA even if they do not.
The judge did rule against the plaintiffs, several “John Does,” on three claims involving individualized review, opportunities to petition for removal, and reporting requirements.
The ACLU says that more than 45,000 people are on Michigan’s sex offender list, the fourth largest in the country. State officials said that the decision would remove about 17,000 people after they complete 25 years on the registry without another sex offense.
Opinion and Order (ECF 158), Does v. Whitmer, Case No. 2:22-cv-10209, 2024 U.S. Dist. LEXIS 176146 (E.D. Mich. September 27, 2024)
Detroit News, Federal judge rules on ACLU lawsuit over Michigan’s sex offender registry (October 1, 2024)
– Thomas L. Root