Hearing held prior to sentencing adult or disposition juvenile A hearing must take place prior to sentencing. However, the new law is unclear whether the hearing should take place before the plea. It is important for defense counsel to have this hearing prior to the plea so the defendant can make an intelligent and voluntary decision whether to plead guilty or go to trial. This may be an issue of conflict because prosecutors may argue that this is akin to a mini-trial and should not precede a trial.
However, defense should argue that SOR is a direct consequence of a conviction and a client cannot make an informed decision on whether to plead guilty or go to trial if they do not know if the conviction will require SOR. Defendant has burden of proof by preponderance of evidence 3. Rules of evidence, except Rape Shield Act, shall not apply to these hearing 4.
Victim does not have to attend hearing and may submit letter the court can use to determine consent It is important for defense counsel to hold preliminary examinations in the above four types of cases in order to cross exam the complaining witness about consent. This may be the only opportunity to do so.
These hearings only apply to the 4 offenses listed above not CSC 2 or 4 Cannot file second petition if previous petition was denied after a hearing 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.
It is extremely important that the attorney and client realize this is a one time shot. Much preparation and work must be placed into a petition. Investigate and prepare all petitions. Indecent Exposure and Disorder Person Removed as Listed Offenses If an individual was registered under this act before July 1, for an offense that required registration but for which registration is no longer required on or after July 1, , they can petition for removal from SOR.
These offenses required three convictions to trigger registration. Offenses that were previously required to register but required anymore are: Indecent Exposure; MCL Much of the new information will go on the private law enforcement database but some information will go on the public registry.
This almost guarantees that registrants will be unemployable. Internet searches such as Google will make it easy for anybody to type in an address to find who it belongs to. Employers will be very hesitant to hire a registered offender because of social pressure and backlash. Legal name, aliases, nicknames, ethnic or tribal names, or other names by which the individual is or has been known.
Date of birth Address where the individual resides or will reside. If they do not have a residential address they shall provide the location or area used or to be used in lieu of a residence or, if they are homeless the city, village or township where they spend or will spend the majority of their time.
Includes contractor and any individual who has agreed to hire or contract with the registrant for their services. Must include the address or location of employment if different from the address of the employer. If individual lacks a fixed employment location… the general areas where the individual works and the normal travel routes taken in the course of their employment. Address of any school being attended or any school the individual has been accepted to and plans to attend.
This includes public or private post-secondary school or school of higher education, including a trade school. This does not apply to an individual whose enrollment and participation at an institution of higher education is solely through mail or the internet.
Address of any school of higher education where an individual works or volunteers. License plate number or registration number, and description of any motor vehicle, aircraft, or vessel owned or regularly operated by the individual Brief summary of convictions for listed offenses regardless of when they occurred Complete physical description.
Text of the law that defines the offense for which individual is registered. Registration status compliant, non-compliant or absconder. Name and address of any place of temporary lodging used or to be used, during any period the individual is away or is expected to be away from their residence, for more than 7 days.
Must include the dates the lodging is used or will be used. Name of any school of higher education where an individual works or volunteers. All telephone numbers registered to the individual or routinely used by the individual.
All electronic mail addresses and instant message addresses assigned to or routinely used by the individual and ALL login names or other identifiers used by the individual when using any electronic mail address or instant messaging system. The location, including where it is habitually stored or kept, of any motor vehicle, aircraft or vessel owned or regularly operated by individual. Occupational and professional licensing information for individual including any license that authorizes the registrant to engage in any occupation, profession, trade or business.
Brief summary of convictions for listed offenses regardless of when they occurred, including where the offense occurred and the original charge if the conviction was for a lesser offense. Any outstanding arrest warrant information.
Whether a DNA sample has been collected and the location where sample is stored. Complete criminal history record including dates of all arrests and convictions.
Michigan Department of Corrections number and status of parole, probation or supervised release. John Doe never had to register as a sex offender as he completed his sentence prior to the enactment of SORA in The subsequent felony does not have to be a listed sexual offense. Felony is defined as a conviction that carries imprisonment of 1 year or more. This is an area of SOR that is often missed by everyone in the courtroom. It is extremely important to ask your client about any pre convictions for sex offenses.
This is true for any client pleading guilty to any type of felony. A way to avoid this nonsensical law, is to plea bargain the new offense to a misdemeanor. Below are excerpts regarding recapture provision: Subject to subsection 2 , the following individuals who are domiciled. Changes that must be made, in person, with law enforcement within 3 business days: Individual changes place of employment, or employment is discontinued.
Individual changes student status including enrollment and when enrollment is discontinued. Any changes in name Individual intends to temporarily reside at any place other than their residence for more than 7 days. Individual establishes any electronic mail or instant message address, or any other designations used in internet communications or postings. Individual purchases or begins to regularly operate any vehicle, and when ownership or operation of the vehicle is discontinued.
Notify Law Enforcement within 3 days of a move of residence to out of state If a registrant moves out of Michigan to a new state, they must report in person and notify law enforcement within 3 days before they change their residence to another state and, if known, indicate the new address.
ANY failure to change required information, within 3 business days, is a felony conviction. No prior convictions for a violation: An individual who willfully refuses or fails to pay the one time registration fee within 90 days of the day the individual first reports is guilty of a misdemeanor punishable by imprisonment for not more than 90 days. The individual must notify law enforcement not later than 21 days before travel. This will alleviate some of the problems homeless has had in the past in fulfilling their registration requirements.
MSP Shall Remove Registrants within 7 days after determination that they no longer need to register A new provision in SORA mandates that Michigan State Police remove a registrant from both the public internet website and law enforcement database within 7 days of determining that the registrant no longer is required to register.
Defense counsel should study the laws thoroughly before handling any SORA related issues. Many of the statutes are vague and subject to judicial interpretation. Prosecutors and judges are asked to remember the legislative intent behind SORA: Many of the amendments to SORA were enacted to give relief to juvenile and young adult offenders who are not dangerous and at low risk to re-offend.
Not only is the registrant punished, but so are his or her children, spouse, family and friends. The registry is a scarlet letter that cannot be hidden from society. Should our young wear this letter for the rest of their lives? Should their lives be ruined because of a sexual exploration and experimentation?
This is not the intent of SORA, however, this is reality. Judges and prosecutors have the power to stop this injustice. The next step in making our registry useful is to give discretion to judges to remove or reduce registration time for any offender they believe is low risk to society.
Judges and prosecutors know the facts surrounding a case. Legislators in Lansing do not.