Bill Text: MI SB1560 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; sex offender registration; federal compliance with sex offenders registry; provide for. Amends secs. 2, 3, 4, 4a, 5, 5a, 5b, 6, 7, 8, 8c, 8d, 9 & 10 of 1994 PA 295 (MCL 28.722 et seq.); adds sec. 8a & repeals secs. 11 & 12 of 1994 PA 295 (MCL 28.731 & 28.732).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-11-03 - Referred To Committee On Judiciary [SB1560 Detail]
Download: Michigan-2009-SB1560-Introduced.html
SENATE BILL No. 1560
November 3, 2010, Introduced by Senator KUIPERS and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 2, 3, 4, 4a, 5, 5a, 5b, 6, 7, 8, 8c, 8d, 9,
and 10 (MCL 28.722, 28.723, 28.724, 28.724a, 28.725, 28.725a,
28.725b, 28.726, 28.727, 28.728, 28.728c, 28.728d, 28.729, and
28.730), section 2 as amended by 2005 PA 301, section 3 as amended
by 1999 PA 85, sections 4 and 8 as amended and sections 8c and 8d
as added by 2004 PA 240, sections 4a and 7 as amended and section
5b as added by 2004 PA 237, section 5 as amended by 2006 PA 402,
section 5a as amended by 2005 PA 322, section 6 as amended by 1996
PA 494, section 9 as amended by 2005 PA 132, and section 10 as
amended by 2006 PA 46, and by adding section 8a; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Aircraft" means that term as defined in section 2 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) (a)
"Convicted" means 1 of
the following:
(i) Having a judgment of conviction or a probation order
entered in any court having jurisdiction over criminal offenses,
including, but not limited to, a tribal court or a military court,
and including a conviction subsequently set aside under 1965 PA
213, MCL 780.621 to 780.624.
(ii) Either of the following:
(ii) (A)
Being assigned to youthful trainee
status under
sections 11 to 15 of chapter II of the code of criminal procedure,
1927
PA 175, MCL 762.11 to 762.15. , before October 1, 2004.
(B)
Being assigned to youthful trainee status under sections
11
to 15 of chapter II of the code of criminal procedure, 1927 PA
175,
MCL 762.11 to 762.15, on or after October 1, 2004 if the
individual's
status of youthful trainee is revoked and an
adjudication
of guilt is entered.
(iii) Having an order of disposition entered under section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
that is open to the general public under section 28 of chapter XIIA
of
the probate code of 1939, 1939 PA 288, MCL 712A.28,
. if both
the following apply:
(A) The individual is 14 years or older at the time of the
offense.
(B) The adjudication of delinquency or finding of guilt is for
the commission of an offense that would classify the individual as
a tier III offender.
(iv) Having an order of disposition or other adjudication in a
juvenile matter in another state or country.
(c) (b)
"Department" means the
department of state police.
(d) "Employee" means an individual who is self-employed or
works for any other entity as a full-time or part-time employee,
contractual provider, or volunteer, regardless of whether he or she
is financially compensated.
(e) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 174, MCL
761.1.
(f) "Immediately" means within 3 business days.
(g) "Indigent" means an individual to whom 1 or more of the
following applies:
(i) He or she has been found by a court to be indigent within
the last 6 months.
(ii) He or she qualifies for and receives assistance from the
department of human services food assistance program.
(iii) He or she demonstrates an annual income below the current
federal poverty guidelines.
(h) (c)
"Institution of higher
education" means 1 or more of
the following:
(i) A public or private community college, college, or
university.
(ii) A public or private trade, vocational, or occupational
school.
(i) (d)
"Local law enforcement
agency" means the police
department of a municipality.
(j) (e)
"Listed offense" means
any of the following:
(i) A violation of section 145a, 145b, or 145c, or 145d of
the
Michigan penal code, 1931 PA 328, MCL
750.145a, 750.145b, and
750.145c, and 750.145d.
(ii) A violation of section 158 of the Michigan penal code,
1931
PA 328, MCL 750.158, if a victim is an individual less than
18
years
of age a minor.
(iii) A violation of section 335a(2)(b) of the Michigan penal
code,
1931 PA 328, MCL 750.335a, if that individual was previously
convicted
of violating section 335a of that act.
(iv) A third or subsequent violation of any combination
of the
following:
(A)
Section 167(1)(f) of the Michigan penal code, 1931 PA 328,
MCL 750.167.
(B)
Section 335a(2)(a) of the Michigan penal code, 1931 PA
328,
MCL 750.335a.
(C)
A local ordinance of a municipality substantially
corresponding
to a section described in sub-subparagraph (A) or
(B).
(iii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
(iv) (v) Except for a juvenile disposition or adjudication,
a A
violation of section 338, 338a, or 338b of the Michigan penal code,
1931
PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an
individual
less than 18 years of age a
minor.
(v) (vi) A
violation of section 349 of the Michigan penal code,
1931
PA 328, MCL 750.349, if a victim is an individual less than
18
years
of age a minor.
(vi) (vii) A
violation of section 350 of the Michigan penal
code, 1931 PA 328, MCL 750.350.
(vii) (viii) A
violation of section 448 of the Michigan penal
code,
1931 PA 328, MCL 750.448, if a victim is an individual less
than
18 years of age a minor.
(viii) (ix) A
violation of section 455 of the Michigan penal
code, 1931 PA 328, MCL 750.455.
(ix) (x) A
violation of section 520b, 520c, 520d, 520e, or 520g
of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,
750.520d, 750.520e, and 750.520g.
(x) A violation of section 539j of the Michigan penal code,
1931 PA 328, MCL 750.539j, if a victim is a minor.
(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 a
minor.
(xii) An offense committed by a person who was, at the time of
the offense, a sexually delinquent person as defined in section 10a
of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(xiii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (xii).
(xiv) An offense substantially similar to an offense described
in subparagraphs (i) to (xiii) under a law of the United States that
is specifically enumerated in 42 USC 16911, under a law of any
state , or any country, or under tribal or
military law.
(k) "Minor" means a victim of a listed offense who was less
than 18 years of age at the time the offense was committed.
(l) (f)
"Municipality" means a
city, village, or township of
this state.
(m) "Registering authority" means any person or entity
designated to receive, enter, or maintain sex offender registration
information within a registration jurisdiction.
(n) "Registration jurisdiction" means each of the 50 states,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, the United States Virgin Islands,
American Samoa, and the Indian tribes within the United States that
elect to function as a registration jurisdiction.
(o) (g)
"Residence", as used in
this act, for registration and
voting purposes means that place at which a person habitually
sleeps, keeps his or her personal effects, and has a regular place
of lodging. If a person has more than 1 residence, or if a wife has
a residence separate from that of the husband, that place at which
the person resides the greater part of the time shall be his or her
official residence for the purposes of this act. This section shall
not be construed to affect existing judicial interpretation of the
term residence.
(p) (h)
"Student" means an
individual enrolled on a full- or
part-time basis in a public or private educational institution,
including, but not limited to, a secondary school, trade school,
professional institution, or institution of higher education.
(q) "Tier I offender" means an individual convicted of a tier
1 offense who is not a tier II or tier III offender.
(r) "Tier I offense" means 1 or more of the following:
(i) A violation of section 145c(4) of the Michigan penal code,
1931 PA 328, MCL 750.145c.
(ii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
(iii) A violation of section 539j of the Michigan penal code,
1931 PA 328, MCL 750.539j, if a victim is a minor.
(iv) An attempt or conspiracy to commit an offense described in
subparagraphs (i) to (iii).
(v) An offense substantially similar to an offense described
in subparagraphs (i) to (iv) under a law of the United States that is
specifically enumerated in 42 USC 16911, under a law of any state
or any country, or under tribal or military law.
(s) "Tier II offender" means either of the following:
(i) A tier I offender convicted of a second or subsequent
offense that is a tier I offense.
(ii) An individual convicted of a tier II offense who is not a
tier III offender.
(t) "Tier II offense" means 1 or more of the following:
(i) A violation of section 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a.
(ii) A violation of section 145b of the Michigan penal code,
1931 PA 328, MCL 750.145b.
(iii) A violation of section 145c(2) or (3) of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(iv) A violation of section 145d of the Michigan penal code,
1931 PA 328, MCL 750.145d.
(v) A violation of section 338, 338a, or 338b of the Michigan
penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
committed against an individual 13 years of age or older but less
than 18 years of age.
(vi) A violation of section 455 of the Michigan penal code,
1931 PA 328, MCL 750.455.
(vii) A violation of section 520c, 520e, or 520g(2) of the
Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and
750.520g, committed against an individual 13 years of age or older
but less than 18 years of age.
(viii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vii).
(ix) An offense substantially similar to an offense described
in subparagraphs (i) to (viii) under a law of the United States that
is specifically enumerated in 42 USC 16911, under a law of any
state or any country, or under tribal or military law.
(u) "Tier III offender" means either of the following:
(i) A tier II offender convicted of a second or subsequent
offense that is a tier I or II offense.
(ii) An individual convicted of a tier III offense.
(v) "Tier III offense" means 1 or more of the following:
(i) A violation of section 158 of the Michigan penal code, 1931
PA 328, MCL 750.158, committed against a minor.
(ii) A violation of section 338, 338a, or 338b of the Michigan
penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
committed against an individual less than 13 years of age.
(iii) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, committed against a minor.
(iv) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(v) A violation of section 520b, 520d, or 520g(1) of the
Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and
750.520g, committed against a minor.
(vi) A violation of section 520c, 520e, or 520g(2) of the
Michigan penal code, 1931 PA 328, MCL 750.520c, MCL 750.520e, and
750.520g, committed against an individual less than 13 years of
age.
(vii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described
in subparagraphs (i) to (vii) under a law of the United States that
is specifically enumerated in 42 USC 16911, under a law of any
state or any country, or under tribal or military law.
(w) "Vehicle" means that term as defined in section 79 of the
Michigan vehicle code, 1949 PA 300, MCL 257.79.
(x) "Vessel" means that term as defined in section 44501 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.44501.
Sec. 3. (1) Subject to subsection (2), the following
individuals who are domiciled or temporarily reside in this state
for
14 or more consecutive days, or
who work with or without
compensation
or are students in this state for 14 or more
consecutive
days, or who are domiciled, reside, or work with or
without
compensation or are students in this state for 30 or more
total
days in a calendar year are
required to be registered under
this act:
(a) An individual who is convicted of a listed offense after
October 1, 1995.
(b) An individual convicted of a listed offense on or before
October 1, 1995 if on October 1, 1995 he or she is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, or under the jurisdiction of the
juvenile
division of the probate court or the department of social
human services for that offense or is placed on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, placed under the jurisdiction of the
juvenile division of the probate court or family division of
circuit
court, or committed to the department of social services or
family
independence agency human
services after October 1, 1995
for
that offense.
(c) An individual convicted of an offense described in section
2(d)(xiii) on or before October 1, 1995 if on October 1, 1995 he or
she is on probation or parole that has been transferred to this
state for that offense or his or her probation or parole is
transferred to this state after October 1, 1995 for that offense.
(d) An individual from another state who is required to
register or otherwise be identified as a sex or child offender or
predator under a comparable statute of that state.
(e) An individual convicted of a listed offense before April
1, 2011 who is convicted of any felony on or after April 1, 2011.
(2) An individual convicted of an offense added on September
1, 1999 to the definition of listed offense is not required to be
registered solely because of that listed offense unless 1 of the
following applies:
(a) The individual is convicted of that listed offense on or
after September 1, 1999.
(b) On September 1, 1999, the individual is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, under the jurisdiction of the family
division
of circuit court, or committed to the family independence
agency
department of human services for that offense or the
individual is placed on probation or parole, committed to jail,
committed to the jurisdiction of the department of corrections,
placed under the jurisdiction of the family division of circuit
court,
or committed to the family independence agency department of
human services on or after September 1, 1999 for that offense.
(c) On September 1, 1999, the individual is on probation or
parole for that offense which has been transferred to this state or
the individual's probation or parole for that offense is
transferred to this state after September 1, 1999.
(d) On September 1, 1999, in another state or country the
individual is on probation or parole, committed to jail, committed
to the jurisdiction of the department of corrections or a similar
type of state agency, under the jurisdiction of a court that
handles matters similar to those handled by the family division of
circuit court in this state, or committed to an agency with the
same
authority as the family independence agency department of
human services for that offense.
(3) An individual convicted of a listed offense in this state
on or after April 1, 2011 who is not domiciled or temporarily
residing, working with or without compensation, or a student in
this state is nevertheless required to be registered under this
act.
Sec. 4. (1) Registration of an individual under this act shall
proceed as provided in this section.
(2) For an individual convicted of a listed offense on or
before October 1, 1995 who on or before October 1, 1995 is
sentenced for that offense, has a disposition entered for that
offense, or is assigned to youthful trainee status for that
offense, the following shall register the individual by December
31, 1995:
(a) If the individual is on probation for the listed offense,
the individual's probation officer.
(b) If the individual is committed to jail for the listed
offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections for the listed offense, the department of
corrections.
(d) If the individual is on parole for the listed offense, the
individual's parole officer.
(e) If the individual is within the jurisdiction of the
juvenile division of the probate court or the department of social
services under an order of disposition for the listed offense, the
juvenile division of the probate court or the department of social
services.
(3) Except as provided in subsection (4), for an individual
convicted of a listed offense on or before October 1, 1995:
(a) If the individual is sentenced for that offense after
October 1, 1995 or assigned to youthful trainee status after
October 1, 1995, the probation officer shall register the
individual before sentencing or assignment.
(b) If the individual's probation or parole is transferred to
this state after October 1, 1995, the probation or parole officer
shall register the individual within 14 days after the transfer.
(c) If the individual is placed within the jurisdiction of the
juvenile division of the probate court or family division of
circuit court or committed to the department of social services or
family independence agency under an order of disposition entered
after October 1, 1995, the juvenile division of the probate court
or family division of circuit court shall register the individual
before the order of disposition is entered.
(4) For an individual convicted on or before September 1, 1999
of an offense that was added on September 1, 1999 to the definition
of listed offense, the following shall register the individual:
(a) If the individual is on probation or parole on September
1, 1999 for the listed offense, the individual's probation or
parole officer not later than September 12, 1999.
(b) If the individual is committed to jail on September 1,
1999 for the listed offense, the sheriff or his or her designee not
later than September 12, 1999.
(c) If the individual is under the jurisdiction of the
department of corrections on September 1, 1999 for the listed
offense, the department of corrections not later than November 30,
1999.
(d) If the individual is within the jurisdiction of the family
division of circuit court or committed to the family independence
agency or county juvenile agency on September 1, 1999 under an
order of disposition for the listed offense, the family division of
circuit court, the family independence agency, or the county
juvenile agency not later than November 30, 1999.
(e) If the individual is sentenced or assigned to youthful
trainee status for that offense after September 1, 1999, the
probation officer shall register the individual before sentencing
or assignment.
(f) If the individual's probation or parole for the listed
offense is transferred to this state after September 1, 1999, the
probation or parole officer shall register the individual within 14
days after the transfer.
(g) If the individual is placed within the jurisdiction of the
family division of circuit court or committed to the family
independence agency for the listed offense after September 1, 1999,
the family division of circuit court shall register the individual
before the order of disposition is entered.
(5) For an individual who was previously convicted of a listed
offense for which he or she was not required to register under this
act, but who is convicted of any other felony on or after April 1,
2011, the following shall register the individual for that listed
offense by July 1, 2011:
(a) If the individual is on probation or parole on April 1,
2011 for that other felony, the individual's probation or parole
officer.
(b) If the individual is committed to jail on April 1, 2011
for that other felony, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections on April 1, 2011 for that other felony,
the department of corrections.
(d) If the individual is within the jurisdiction of the family
division of circuit court or committed to the family independence
agency or county juvenile agency on April 1, 2011 under an order of
disposition for that other felony, the family division of circuit
court, the family independence agency, or the county juvenile
agency.
(e) If the individual is sentenced or assigned to youthful
trainee status for that other felony after April 1, 2011, the
probation officer shall register the individual before sentencing
or assignment.
(f) If the individual's probation or parole for that other
felony is transferred to this state after April 1, 2011, the
probation or parole officer shall register the individual within 3
days after the transfer.
(g) If the individual is placed within the jurisdiction of the
family division of circuit court or committed to the family
independence agency for that other felony after April 1, 2011, the
family division of circuit court shall register the individual
before the order of disposition is entered.
(6) (5)
Subject to section 3, an individual
convicted of a
listed offense in this state after October 1, 1995 and an
individual who was previously convicted of a listed offense for
which he or she was not required to register under this act, but
who is convicted of any other felony on or after April 1, 2011,
shall register before sentencing, entry of the order of
disposition, or assignment to youthful trainee status for that
listed offense or that other felony. The probation officer or the
family division of circuit court shall give the individual the
registration form after the individual is convicted, explain the
duty
to register and to pay a registration fee, to verify his or
her
address, and to provide notice of address changes, and accept
the completed registration for processing under section 6. The
court shall not impose sentence, enter the order of disposition, or
,
before October 1, 2004, assign the
individual to youthful trainee
status, until it determines that the individual's registration was
forwarded to the department as required under section 6.
(7) (6)
All of the following shall register
with the local law
enforcement
agency, sheriff's department, or the department within
14
days immediately after becoming domiciled or temporarily
residing,
working, or being a student in this state: for the
periods
specified in section 3(1):
(a) Subject to section 3(1), an individual convicted in
another state or country on or after October 1, 1995 of a listed
offense as defined before September 1, 1999.
(b) Subject to section 3(2), an individual convicted in
another state or country of an offense added on September 1, 1999
to the definition of listed offenses.
(c) Subject to section 3(1), an individual convicted in
another state or country of a listed offense before October 1, 1995
and, subject to section 3(2), an individual convicted in another
state or country of an offense added on September 1, 1999 to the
definition of listed offenses, who is convicted of any other crime
on or after April 1, 2011.
(d) (c)
An individual required to be
registered as a sex
offender in another state or country regardless of when the
conviction was entered.
Sec. 4a. (1) An individual required to be registered under
this act who is not a resident of this state shall report his or
her status in person to the local law enforcement agency or
sheriff's department having jurisdiction over a campus of an
institution of higher education, or to the department post nearest
to that campus, if any of the following occur:
(a)
Regardless of whether he or she is financially compensated
or
receives any governmental or educational benefit, the individual
is
or becomes a full- or part-time employee, contractual provider,
or
volunteer with that institution of higher education and his or
her
position will require that he or she be present on that campus
for
14 or more consecutive days or 30 or more total days in a
calendar
year.
(b)
The individual is or becomes an employee of a contractual
provider
described in subdivision (a) and his or her position will
require
that he or she be present on that campus for 14 or more
consecutive
days or 30 or more total days in a calendar year.
(c)
The status described in subdivision (a) or (b) is
discontinued.
(d)
The individual changes the campus on which he or she is an
employee,
a contractual provider, an employee of a contractual
provider,
or a volunteer as described in subdivision (a) or (b).
(a) (e)
The individual is or enrolls as a
student with that
institution of higher education or the individual discontinues that
enrollment.
(b) (f)
As part of his or her course of
studies at an
institution of higher education in this state, the individual is
present at any other location in this state, another state, a
territory
or possession of the United States, or another country
for
14 or more consecutive days or 30 or more total days in a
calendar
year, or the individual
discontinues his or her studies at
that location.
(2) An individual required to be registered under this act who
is a resident of this state shall report his or her status in
person to the local law enforcement agency or sheriff's department
having jurisdiction where his or her new residence or domicile is
located or the department post nearest to the individual's new
residence or domicile, if any of the events described under
subsection (1) occur.
(3) The report required under subsections (1) and (2) shall be
made as follows:
(a) For an individual registered under this act before October
1, 2002 who is required to make his or her first report under
subsections (1) and (2), not later than January 15, 2003.
(b)
For an individual who is an employee, a contractual
provider,
an employee of a contractual provider, or a volunteer on
that
campus on October 1, 2002, or who is a student on that campus
on
October 1, 2002, who is subsequently required to register under
this
act, on the date he or she is required to register under this
act.
(b) (c)
Except as provided under subdivisions (a) and (b),
within
10 days after the individual becomes an employee, a
contractual
provider, an employee of a contractual provider, or a
volunteer
on that campus, or discontinues that status, or changes
location,
or within 10 days Immediately
after he or she enrolls or
discontinues his or her enrollment as a student on that campus
including study in this state or another state, a territory or
possession of the United States, or another country.
(4) The additional registration reports required under this
section shall be made in the time periods described in section
5a(4)(a)
and (b) 5a(2)(a) to (c) for reports under that section.
(5) The local law enforcement agency, sheriff's department, or
department post to which an individual reports under this section
shall require the individual to pay the registration fee required
under section 5a or section 7(1) and to present written
documentation of employment status, contractual relationship,
volunteer status, or student status. Written documentation under
this subsection may include, but need not be limited to, any of the
following:
(a) A W-2 form, pay stub, or written statement by an employer.
(b) A contract.
(c) A student identification card or student transcript.
Sec. 5. (1) An individual required to be registered under this
act who is a resident of this state shall notify the local law
enforcement agency or sheriff's department having jurisdiction
where
his or her new residence or domicile is located or the
department
post of the individual's new residence or domicile
within
10 days immediately after the any of the following occur:
(a)
The individual changes or vacates his
or her residence ,
or
domicile. , or place of work or
education, including any change
required
to be reported under section 4a.
(b) The individual changes his or her place of employment, or
employment is discontinued.
(c) The individual enrolls as a student with an institution of
higher education, or enrollment is discontinued.
(d) The individual changes his or her name.
(e) The individual intends to temporarily reside at any place
other than his or her residence for more than 7 days.
(f) The individual establishes any electronic mail or instant
message address, or any other designations used in internet
communications or postings.
(g) The individual purchases or begins operating any vehicle,
or when ownership or use of the vehicle is discontinued.
(h) Any change required to be reported under section 4a.
(2) An individual required to be registered under this act who
is not a resident of this state shall notify the local law
enforcement agency or sheriff's department having jurisdiction
where his or her place of employment is located or the department
post of the individual's place of employment immediately after the
individual changes his or her place of employment or employment is
discontinued.
(3) (2)
If an individual who is
incarcerated in a state
correctional facility and is required to be registered under this
act is granted parole or is due to be released upon completion of
his or her maximum sentence, the department of corrections, before
releasing the individual, shall provide notice of the location of
the individual's proposed place of residence or domicile to the
sheriff's department having jurisdiction over that location or to
the appropriate state police department post.
(4) (3)
Within 10 days Immediately after either of the
following occurs, the department of corrections shall notify the
local law enforcement agency or sheriff's department having
jurisdiction over the area to which the individual is transferred
or the department post of the transferred residence or domicile of
an individual required to be registered under this act:
(a) The individual is transferred to a community residential
program.
(b) The individual is transferred into a minimum custody
correctional facility of any kind, including a correctional camp or
work camp.
(5) (4)
An individual required to be
registered under this act
shall notify the department on a form prescribed by the department
not
later than 10 days immediately
before he or she changes his or
her domicile or residence to another state. The individual shall
indicate the new state and, if known, the new address. The
department shall update the registration and compilation databases
and promptly notify the appropriate law enforcement agency and any
applicable sex or child offender registration authority in the new
state.
(6) (5)
If the probation or parole of an
individual required
to be registered under this act is transferred to another state or
an individual required to be registered under this act is
transferred from a state correctional facility to any correctional
facility or probation or parole in another state, the department of
corrections shall promptly notify the department and the
appropriate law enforcement agency and any applicable sex or child
offender registration authority in the new state. The department
shall update the registration and compilation databases.
(7) (6)
An individual registered under this
act shall comply
with the verification procedures and proof of residence procedures
prescribed in sections 4a and 5a.
(8) (7)
Except as otherwise provided in subsections (8) and
(9),
an individual this section, a
tier I offender shall comply
with
this section for 25 15 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.
(9) (8)
Except as otherwise provided in subsection (9), an
individual
this section, a tier
II offender shall comply with this
section
for 25 years. life if the individual is convicted of any of
the
following or a substantially similar offense under a law of the
United
States, any state, or any
country or under tribal or
military
law:
(a)
A violation of section 520b of the Michigan penal code,
1931
PA 328, MCL 750.520b.
(b)
A violation of section 520c(1)(a) of the Michigan penal
code,
1931 PA 328, MCL 750.520c.
(c)
A violation of section 349 of the Michigan penal code,
1931
PA 328, MCL 750.349, if the victim is less than 18 years of
age.
(d)
A violation of section 350 of the Michigan penal code,
1931
PA 328, MCL 750.350.
(e)
A violation of section 145c(2) or (3) of the Michigan
penal
code, 1931 PA 328, MCL 750.145c.
(f)
An attempt or conspiracy to commit an offense described in
subdivisions
(a) to (e).
(g)
Except as provided in this subdivision, a second or
subsequent
listed offense after October 1,
1995 regardless of when
any
earlier listed offense was committed. An individual is not
required
to comply with this section for life if his or her first
or
second listed offense is for a conviction on or before September
1,
1999 for an offense that was added on September 1, 1999 to the
definition
of listed offense, unless he or she is convicted of a
subsequent
listed offense after September
1, 1999.
(9)
An individual who is ordered to register as provided in
section
8d shall register subject to that section.
(10) Except as provided in this section, a tier III offender
shall comply with this section for life.
(11) The registration periods under this section exclude any
period of incarceration for committing a crime and any period of
civil commitment.
(12) For an individual convicted of a listed offense before
April 1, 2011 who is convicted of any felony on or after April 1,
2011, any period of time that he or she was not incarcerated for
that listed offense or that other felony and was not civilly
committed count toward satisfying the registration period for that
listed offense as described in this section. If those periods equal
or exceed the registration period described in this section, the
individual has satisfied his or her registration period for the
listed offense and is not required to register under this act. If
those periods are less than the registration period described in
this section for that listed offense, the individual shall comply
with this section for the period of time remaining.
Sec.
5a. (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 and
the
procedure for registration, notification, and verification and
paying
the registration fee prescribed under subsection (7) or
section
7(1).
(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 and the procedure for registration, notification, and
verification and payment of the registration fee prescribed under
subsection
(7) (5) 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 immediately, regardless of whether the
individual signs it.
(3)
Not later than January 15, 2000, an individual registered
under
this act who is not incarcerated shall report in person to
the
local law enforcement agency or sheriff's department having
jurisdiction
where he or she is domiciled or resides or to the
department
post in or nearest to the county where he or she is
domiciled
or resides. The individual shall present proof of
domicile
or residence and update any information that changed since
registration,
including information that is required to be reported
under
section 4a. An individual registered under this act who is
incarcerated
on January 15, 2000 shall report under this subsection
not
less than 10 days after he or she is released.
(2) (4)
Except as provided in subsection (5), following
initial
verification under subsection (3), or registration under
this
act after January 15, 2000, an An
individual required to be
registered under this act who is not incarcerated shall report in
person to the local law enforcement agency or sheriff's department
having jurisdiction where he or she is domiciled or resides or to
the department post in or nearest to the county where he or she is
domiciled or resides for verification of domicile or residence as
follows:
(a)
If the person is registered only for 1 or more listed
offenses
that are misdemeanors, A tier
I offender shall report not
earlier than January 1 or later than January 15 of each year after
the
initial verification or registration. As used in this
subdivision,
"misdemeanor" means that term as defined in section 1
of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(b) A tier II offender shall report not earlier than the first
day or later than the fifteenth day of each January and July after
the initial verification or registration.
(c) (b)
If the person is registered for 1 or more listed
offenses
that are felonies, A tier
III offender shall report not
earlier than the first day or later than the fifteenth day of each
April,
July, October, and January following after the initial
verification
or registration. As used in this subdivision, "felony"
means
that term as defined in section 1 of chapter I of the code of
criminal
procedure, 1927 PA 175, MCL 761.1.
(3) When an individual reports under subsection (2), the
individual shall review all registration information for accuracy.
(4) (6)
When an individual reports under subsection
(3) or
(4),
subsection (2), 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 authority shall also determine whether the
individual's photograph required under this act matches the
appearance of the individual sufficiently to properly identify him
or her from that photograph. If not, the officer or authorized
authority shall require the individual to obtain a current
photograph before completing the individual's verification under
this section. When all of the verification information has been
provided, the officer or authorized authority shall review that
information with the individual and make any corrections,
additions, or deletions the officer or authorized authority
determines are necessary based on the review. The officer or
authorized
employee shall sign and date a verification form
receipt. The officer shall give a copy of the signed form
receipt
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
law enforcement database and public internet website maintained
under section 8 as necessary and shall indicate verification in the
compilation
public internet website
maintained under section 8(2).
(5) (7)
Except as otherwise provided in
section 5b, beginning
October 16, 2004, an individual who reports as prescribed under
subsection
(3) or (4) (2) and who has not already paid the fee
prescribed under section 7(1) shall pay a $35.00 registration fee.
An individual shall only be required to pay a fee once under this
subsection.
(6) (8)
An individual required to be
registered under this act
shall maintain either a valid operator's or chauffeur's license
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or an official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
current address. The license or card may be used as proof of
domicile or residence under this section. In addition, the officer
or authorized employee may require the individual to produce
another document bearing his or her name and address, including,
but not limited to, voter registration or a utility or other bill.
The department may specify other satisfactory proof of domicile or
residence.
(7) (9)
Not earlier than January 1, 2000 or later than January
15,
2000, an individual registered under this act who is not
incarcerated
shall report in person to a secretary of state office
and
have his or her digitized photograph taken. An individual
registered under this act who is incarcerated on January 15, 2000
shall
report to the secretary of state under this subsection not
less
than 10 days immediately after he or she is released to have
his or her digitalized photograph taken. The individual is not
required to report under this subsection if he or she had a
digitized photograph taken for an operator's or chauffeur's license
or official state personal identification card before January 1,
2000, or within 2 years before he or she is released unless his or
her appearance has changed from the date of that photograph. The
photograph shall be used on the individual's operator's or
chauffeur's license or official state personal identification card.
The individual shall have a new photograph taken when he or she
renews the license or identification card as provided by law. The
secretary of state shall make the digitized photograph available to
the department for a registration under this act.
(8) (10)
If an individual does not report
under subsection (3)
or
(4) this section or under
section 4a, the department shall
notify
the local law enforcement agency, sheriff's department, or
department
post. An appearance ticket may be issued for the
individual's
failure to report as provided in sections 9a to 9g of
chapter
IV of the code of criminal procedure, 1927 PA 175, MCL
764.9a
to 764.9g all registering authorities as provided in
section
8a and initiate enforcement action as set forth in that section.
(9) (11)
The department shall prescribe the
form for the
notices and verification procedures required under this section.
Sec. 5b. (1) Of the money collected by a court, local law
enforcement agency, sheriff's department, or department post from
each registration fee prescribed under this act, $25.00 shall be
forwarded to the department, which shall deposit the money in the
sex offenders registration fund created under subsection (2), and
$10.00 shall be retained by the court, local law enforcement
agency, sheriff's department, or department post.
(2) The sex offenders registration fund is created as a
separate fund in the department of treasury. The state treasurer
shall credit the money received from the payment of the
registration fee prescribed under this act to the sex offenders
registration fund. Money credited to the fund shall only be used by
the department for training concerning, and the maintenance and
automation
of, the databases law
enforcement database, compilation
public internet website, and information required under section 8,
notification and offender registration duties under section 4a, and
community education. Money in the sex offenders registration fund
at the close of the fiscal year shall remain in the fund and shall
not lapse to the general fund.
(3) If an individual required to pay a registration fee under
this
act is indigent, the registration fee shall be temporarily
waived for a period of 90 days. The burden is on the individual
claiming indigence to prove the fact of indigence to the
satisfaction of the local law enforcement agency, sheriff's
department, or department post where the individual is reporting.
(4) Payment of the registration fee prescribed under this act
shall be made in the form and by means prescribed by the
department. Upon payment of the registration fee prescribed under
this act, the officer or employee shall forward verification of the
payment
to the department by the law enforcement information
network
in the manner the department
prescribes. The department
shall
revise the databases law
enforcement database and public
internet website maintained under section 8 as necessary and shall
indicate
verification of payment in the compilation law enforcement
database
under section 8(2) 8(1).
Sec. 6. (1) The officer, court, or agency registering an
individual or receiving or accepting a registration 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 in a manner
prescribed by the department immediately after registration or
notification.
Sec.
7. (1) A registration Registration
information obtained
under
this act shall be made on a form provided by the department
and
shall be forwarded to the
department in the format the
department
prescribes. , along with Except as provided in section
5b(3),
a $35.00 registration fee for shall accompany each original
registration. ,
except as otherwise provided in section 5b. A
registration
shall contain all of the following:All of the
following information shall be obtained or otherwise provided for
registration purposes:
(a)
The individual's legal name , social security number, date
of
birth, and address or expected address. and any aliases,
nicknames, ethnic or tribal names, or other names by which the
individual is or has been known. An individual who is in a witness
protection and relocation program is only required to use the name
and identifying information reflecting his or her new identity in a
registration under this act. The registration and compilation
databases shall not contain any information identifying the
individual's
prior identity or locale. The department shall request
each
individual to provide his or her date of birth if it is not
included
in the registration, and that individual shall comply with
the
request within 10 days.
(b) The individual's social security number and any social
security numbers or alleged social security numbers previously used
by the individual.
(c) The individual's date of birth, any alleged dates of birth
previously used by the individual, and the individual's village,
city, or county of birth as applicable and state of birth.
(d) The address where the individual resides or will reside.
If the individual does not have a residential address, information
under this subsection shall identify the location or area used or
to be used by the individual in lieu of a residence.
(e) The name and address of any place of temporary lodging
used or to be used by the individual during any period in which the
individual is away, or is expected to be away, from his or her
residence. Information under this subdivision shall include the
dates the lodging is used or to be used.
(f) The name and address of each of the individual's
employers. For purposes of this subdivision, "employer" includes a
contractor and any individual who has agreed to hire or contract
with the individual for his or her services. Information under this
subsection shall include the address or location of employment if
different from the address of the employer.
(g) The name and address of any school attended by the
individual and any school that has accepted the individual as a
student that he or she plans to attend. For purposes of this
subdivision, "school" means a public or private primary or
secondary school or school of higher education, including a trade
school.
(h) All telephone numbers registered in whole or in part to
the individual or routinely used by the individual.
(i) All electronic mail addresses and instant message
addresses assigned to the individual 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.
(j) The license plate number, registration number, and
description of any motor vehicle, aircraft, or vessel owned or
operated by the individual and the location at which the motor
vehicle, aircraft, or vessel is stored or kept.
(k) The individual's driver license number or state personal
identification card number.
(l) A digital copy of the individual's passport and other
immigration documents.
(m) The individual's occupational and professional licensing
information, including any license that authorizes the individual
to engage in any occupation, profession, trade, or business.
(n) (b)
A brief summary of the individual's
convictions for
listed offenses regardless of when the conviction occurred,
including where the offense occurred and the original charge if the
conviction was for a lesser offense.
(o) (c)
A complete physical description of
the individual.
(p) (d)
The photograph required under
section 5a.
(q) (e)
The individual's fingerprints if
not already on file
with the department and the individual's palm prints. An individual
required
to be registered on September
1, 1999 under this act shall
have his or her fingerprints or palm prints or both taken not later
than
September 12, 1999 2010
if his or her fingerprints or palm
prints are not already on file with the department. The department
shall forward a copy of the individual's fingerprints and palm
prints to the federal bureau of investigation if not already on
file with that bureau.
(r) (f)
Information that is required to be
reported under
section 4a.
(2)
A registration may shall contain the individual's blood
type
and whether a DNA identification profile of the individual is
available.all
of the following:
(a) An electronic copy of the offender's Michigan driver
license or Michigan personal identification card, including the
photograph required under this act.
(b) The text of the provision of law that defines the criminal
offense for which the sex offender is registered.
(c) Any outstanding arrest warrant information.
(d) The individual's tier classification.
(e) An identifier that indicates whether a DNA sample has been
taken and the location where the DNA sample is stored.
(f) The individual's complete criminal history record,
including the dates of all arrests and convictions.
(g) The individual's Michigan department of corrections number
and status of parole, probation, or supervised release.
(h) The individual's federal bureau of investigation number.
(3)
The form used for registration or verification
notification of duties under this act shall contain a written
statement that explains the duty of the individual being registered
to
provide notice of a change of address under section 5, changes
in his or her registration information, the procedures for
providing that notice, and the verification procedures under
section 5a.
(4)
The individual shall sign a registration , and
notice. ,
and
verification. However, the
registration, notice, or
verification shall be forwarded to the department regardless of
whether the individual signs it or pays the registration fee
required under subsection (1).
(5) The officer, court, or an employee of the agency
registering the individual or receiving or accepting a registration
under section 4 shall sign the registration form.
(6) An individual shall not knowingly provide false or
misleading information concerning a registration, notice, or
verification.
(7) The department shall prescribe the form for a notification
required under section 5 and the format for forwarding the
notification to the department.
(8) The department shall promptly provide registration,
notice, and verification information to the federal bureau of
investigation and to local law enforcement agencies, sheriff's
departments,
department posts, and agencies of other states
requiring
the information, other
registering jurisdictions, as
provided by law.
Sec. 8. (1) The department shall maintain a computerized law
enforcement database of registrations and notices required under
this act. The law enforcement database shall contain all of the
following information for each individual registered under this
act:
(a) The individual's legal name and any aliases, nicknames,
ethnic or tribal names, or other names by which the individual is
or has been known.
(b) The individual's social security number and any social
security numbers or alleged social security numbers previously used
by the individual.
(c) The individual's date of birth, any alleged dates of birth
previously used by the individual, and the individual's village,
city, or county of birth as applicable and state of birth.
(d) The address where the individual resides or will reside.
If the individual does not have a residential address, information
under this subsection shall identify the location or area used or
to be used by the individual in lieu of a residence.
(e) The name and address of any place of temporary lodging
used or to be used by the individual during any period in which the
individual is away, or is expected to be away, from his or her
residence. Information under this subdivision shall include the
dates the lodging is used or to be used.
(f) The name and address of each of the individual's
employers. For purposes of this subdivision, "employer" includes a
contractor and any individual who has agreed to hire or contract
with the individual for his or her services. Information under this
subsection shall include the address or location of employment if
different from the address of the employer.
(g) The name and address of any school attended by the
individual and any school that has accepted the individual as a
student that he or she plans to attend. For purposes of this
subdivision, "school" means a public or private primary or
secondary school or school of higher education, including a trade
school.
(h) All telephone numbers registered in whole or in part to
the individual or routinely used by the individual.
(i) All electronic mail addresses and instant message
addresses assigned to the individual 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.
(j) The license plate number or registration number and
description of any motor vehicle, aircraft, or vessel owned or
operated by the individual and the location at which the motor
vehicle, aircraft, or vessel is stored or kept.
(k) The individual's driver license number or state personal
identification card number.
(l) A digital copy of the individual's passport and other
immigration documents.
(m) The individual's occupational and professional licensing
information, including any license that authorizes the individual
to engage in any occupation, profession, trade, or business.
(n) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred, including
where the offense occurred and the original charge if the
conviction was for a lesser offense.
(o) A complete physical description of the individual.
(p) The photograph required under section 5a.
(q) The individual's fingerprints and palm prints.
(r) An electronic copy of the offender's Michigan driver
license or Michigan personal identification card, including the
photograph required under this act.
(s) The text of the provision of law that defines the criminal
offense for which the sex offender is registered.
(t) Any outstanding arrest warrant information.
(u) The individual's tier classification.
(v) An identifier that indicates whether a DNA sample has been
taken and the location where the DNA sample is stored.
(w) The individual's complete criminal history record,
including the dates of all arrests and convictions.
(x) The individual's Michigan department of corrections
number.
(y) The individual's federal bureau of investigation number.
(2)
The department shall maintain a computerized database
public
internet website separate from that the law enforcement
database described in subsection (1) to implement section 10(2) and
(3).
Except as provided in subsection (3), the database public
internet
website shall consist of a
compilation of individuals
contain all of the following information for each individual
registered
under this act: .
(a) The individual's legal name and any aliases, nicknames,
ethnic or tribal names, or other names by which the individual is
or has been known.
(b) The individual's date of birth.
(c) The address where the individual resides. If the
individual does not have a residential address, information under
this subsection shall identify the location or area used by the
individual in lieu of a residence.
(d) The address of each of the individual's employers. For
purposes of this subdivision, "employer" includes a contractor and
any individual who has agreed to hire or contract with the
individual for his or her services. Information under this
subsection shall include the address or location of employment if
different from the address of the employer.
(e) The name and address of any school attended by the
individual and any school that has accepted the individual as a
student that he or she plans to attend. For purposes of this
subdivision, "school" means a public or private primary or
secondary school or school of higher education, including a trade
school.
(f) The license plate number or registration number and
description of any motor vehicle, aircraft, or vessel owned or
operated by the individual and the location at which the motor
vehicle, aircraft, or vessel is stored or kept.
(g) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred.
(h) A complete physical description of the individual.
(i) The photograph required under this act. If no photograph
is available, the department shall use an arrest photograph or
Michigan department of corrections photograph until a photograph as
prescribed in section 5a becomes available.
(j) The text of the provision of law that defines the criminal
offense for which the sex offender is registered.
(k) The individual's registration status.
(l) The individual's tier classification.
(3) The following information shall not be made available on
the public internet website described in subsection (2):
(a) The identity of any victim of the offense.
(b) The individual's social security number.
(c) Any arrests not resulting in a conviction.
(d) Any travel or immigration document numbers.
(e) Any electronic mail addresses and instant message
addresses assigned to the individual or routinely used by the
individual and any login names or other identifiers used by the
individual when using any electronic mail address or instant
messaging system.
(3)
The database described in subsection (2) shall not include
the
following individuals:
(a)
An individual registered solely because he or she had 1 or
more
dispositions for a listed offense entered under section 18 of
chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.18,
in
a case that was not designated as a case in which the individual
was
to be tried in the same manner as an adult under section 2d of
chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.2d.
Except
as provided in subdivision (b), the exclusion for juvenile
dispositions
does not apply to a disposition for a violation of
section
520b or 520c of the Michigan penal code, 1931 PA 328, MCL
750.520b
and 750.520c, after the individual becomes 18 years of
age.
(b)
An individual who is exempt under section 8d from that
database.
(4) The compilation of individuals shall be indexed
alphabetically by village, city, township, and county, numerically
by zip code area, and geographically as determined appropriate by
the
department. Within each zip code
area, the compilation shall
contain
all of the following information:
(a)
The name and aliases, address, physical description, and
birth
date of each individual registered under this act who is
included
in the compilation and who resides in that zip code area
and
any listed offense of which the individual has been convicted.
(b)
The name and campus location of each institution of higher
education
to which the individual is required to report under
section
4a.
(c)
Beginning May 1, 2005, the photograph of each individual
registered
under this act. The department shall obtain the
photographs
submitted under section 5a from the secretary of state
for
purposes of implementing this subdivision.
(5)
The department shall update the compilation public
internet website with new registrations, deletions from
registrations, and address changes at the same time those changes
are made to the law enforcement database described in subsection
(1).
The department shall make the compilation law enforcement
database available to each department post, local law enforcement
agency, and sheriff's department by the law enforcement information
network. Upon request by a department post, local law enforcement
agency, or sheriff's department, the department shall provide to
that post, agency, or sheriff's department the information from the
compilation
law enforcement database in printed form for the zip
code
designated areas located in whole or in part within the
post's, agency's, or sheriff's department's jurisdiction. The
department shall provide the ability to conduct a computerized
search
of the compilation law
enforcement database and the public
internet website based upon the name and campus location of an
institution
of higher education. described in subsection (4)(b).
(6)
The department shall make the compilation or information
from
the compilation law
enforcement database available to a
department post, local law enforcement agency, or sheriff's
department ,
and the public by electronic,
computerized, or other
similar means accessible to the post, agency, or sheriff's
department. The department shall make the public internet website
available to the public by electronic, computerized, or other
similar means accessible to the public. The electronic,
computerized,
or other similar means shall provide for both a
search
by name, and by village,
city, township, and county
designation, zip code, and geographical area.
(7) If a court determines that the public availability under
section 10 of any information concerning individuals registered
under
this act , including names and aliases, addresses, physical
descriptions,
or dates of birth, violates the
constitution of the
United States or this state, the department shall revise the
compilation
public internet website
described in subsection (2) so
that it does not contain that information.
Sec. 8a. (1) If an individual fails to register or to update
his or her registration information as required under this act, the
local law enforcement agency, sheriff's office, or department post
responsible for registering the individual or for verifying and
updating his or her registration information shall do all of the
following immediately after the date the individual was required to
register or to update his or her registration information:
(a) Determine whether the individual has absconded or is
otherwise unlocatable.
(b) If the registering authority was notified by a
registration jurisdiction that the individual was to appear in
order to register or update his or her registration information in
the jurisdiction of the registering authority, notify the
department in a manner prescribed by the department that the
individual failed to appear as required.
(c) Revise the information in the registry to reflect that the
individual has absconded or is otherwise unlocatable.
(d) Seek a warrant for the individual's arrest if the legal
requirements for obtaining a warrant are satisfied.
(e) Enter the individual into the national crime information
center wanted person file if the requirements for entering
information into that file are met.
(2) If an individual fails to register or to update his or her
registration information as required under this act, the department
shall do all of the following immediately after being notified by
the registering authority that the individual failed to appear as
required:
(a) Notify that other registration jurisdiction that the
individual failed to appear as required.
(b) Notify the United States marshal's service in the manner
required by the United States marshal's service of the individual's
failure to appear as required.
(c) Update the national sex offender registry to reflect the
individual's status as an absconder or as unlocatable.
Sec.
8c. (1) An individual described in subsection (15) who is
convicted
before October 1, 2004 of a violation described in that
subsection
classified as a tier
I offender who meets the
requirements
of subsection (12) may petition the
court under this
section
that subsection for an order allowing him or her to
register
discontinue registration 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 classified as
a tier III offender who meets the
requirements
of subsection (13) may petition the
court under this
section
that subsection for an order allowing him or her to
register
discontinue registration 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.
(4) (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
discontinuation
from 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.
(5) (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.
(6) (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.
(7) (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).
(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)
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.
(8) (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.
(9) (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.
(10) (12)
The court shall consider all of the
following in
determining
whether to allow the individual to register discontinue
registration
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.
(11) (13)
If the court determines that the
individual meets
the
criteria for discontinuation from
registration, under
section
8d,
the court may order the
individual to register under this act
as
provided in that section his
or her registration to be
discontinued.
(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
Michigan
penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(b) to (l) of the
Michigan
penal code, 1931 PA 328, MCL 750.520c.
(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
Michigan
penal code, 1931 PA 328, MCL 750.520e.
(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.
(12) The court may grant a petition properly filed under this
section by an individual classified as a tier I offender if all of
the following apply:
(a) Ten or more years have elapsed since the date of his or
her conviction for the listed offense or from his or her release
from any period of confinement for that offense, whichever occurred
last.
(b) The individual has not been convicted of any felony since
the date described in subdivision (a).
(c) The individual has not been convicted of any listed
offense since the date described in subdivision (a).
(d) The individual successfully completed his or her assigned
periods of supervised release, probation, or parole without
revocation at any time of that supervised release, probation, or
parole.
(e) The individual successfully completed an appropriate sex
offender treatment program certified by the department of
corrections or by the United States attorney general as specified
in 42 USC 16915(b)(1).
(13) The court may grant a petition properly filed under this
section by an individual classified as a tier III offender if all
of the following apply:
(a) The individual is required to register based on an order
of disposition entered under section 18 of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.18, that is open to the
general public under section 28 of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.28.
(b) Twenty-five or more years have elapsed since the date of
his or her conviction for the listed offense or from his or her
release from any period of confinement for that offense, whichever
occurred last.
(c) The individual has not been convicted of any felony since
the date described in subdivision (b).
(d) The individual has not been convicted of any listed
offense since the date described in subdivision (b).
(e) The individual successfully completed his or her assigned
periods of supervised release, probation, or parole without
revocation at any time of that supervised release, probation, or
parole.
(f) The individual successfully completed an appropriate sex
offender treatment program certified by the department of
corrections or by the United States attorney general as specified
in 42 USC 16915(b)(1).
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).
(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) 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) 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). upon expiration of the
applicable
registration period described in subsection (1) or (2)
as
provided in those subsections.
Sec.
9. (1) Except as provided in subsections (2) , and
(3),
and
(4), an individual required to be
registered under this act who
willfully violates this act is guilty of a felony punishable as
follows:
(a) If the individual has no prior convictions for a violation
of
this act, other than a failure to comply with section 5a, by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(b) If the individual has 1 prior conviction for a violation
of
this act, other than a failure to comply with section 5a, by
imprisonment for not more than 7 years or a fine of not more than
$5,000.00, or both.
(c) If the individual has 2 or more prior convictions for
violations
of this act, other than a failure to comply with section
5a,
by imprisonment for not more than
10 years or a fine of not
more than $10,000.00, or both.
(2)
An individual who fails to comply with section 5a, other
than
payment of the fee required under section 5a(7) is guilty of a
crime
punishable as follows:
(a)
If the individual has no prior convictions for a violation
of
this act, the individual is guilty of a misdemeanor punishable
by
imprisonment for not more than 93 days or a fine of not more
than
$1,000.00, or both.
(b)
If the individual has 1 prior conviction for a violation
of
this act, the individual is guilty of a misdemeanor punishable
by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00,
or both.
(c)
If the individual has 2 or more prior convictions for a
violation
of this act, the individual is guilty of a felony
punishable
by imprisonment for not more than 4 years or a fine of
not
more than $2,500.00, or both.
(2) (3)
An individual who willfully fails
to sign a
registration , and
notice , or verification as provided in section
7(4) is guilty of a misdemeanor punishable by imprisonment for not
more than 93 days or a fine of not more than $1,000.00, or both.
(3) (4)
An individual who willfully refuses
or fails to pay
the
registration fee prescribed in section 5a(7) 5a(5) or
section
7(1) within 90 days of the date the individual reports under
section 4a or 5a is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days.
(4) (5)
The court shall revoke the
probation of an individual
placed on probation who willfully violates this act.
(5) (6)
The court shall revoke the youthful
trainee status of
an individual assigned to youthful trainee status who willfully
violates this act.
(6) (7)
The parole board shall rescind the
parole of an
individual released on parole who willfully violates this act.
(7) (8)
An individual's failure to register
as required by
this
act or a violation of section 5(1), (3) (4), or (4) (5) may
be
prosecuted in the judicial district of any of the following:
(a) The individual's last registered address or residence.
(b) The individual's actual address or residence.
(c) Where the individual was arrested for the violation.
Sec. 10. (1) Except as provided in this act, a registration or
report is confidential and information from that registration or
report shall not be open to inspection except for law enforcement
purposes. The registration or report and all included materials and
information are exempt from disclosure under section 13 of the
freedom of information act, 1976 PA 442, MCL 15.243.
(2) A department post, local law enforcement agency, or
sheriff's
department shall make information from the compilation
public
internet website described in section
8(2) for the zip code
designated areas located in whole or in part within the post's,
agency's, or sheriff's department's jurisdiction available for
public inspection during regular business hours. A department post,
local law enforcement agency, or sheriff's department is not
required to make a copy of the information for a member of the
public.
(3)
The department may make information from the compilation
public internet website described in section 8(2) available to the
public through electronic, computerized, or other accessible means.
The department shall provide for notification by electronic or
computerized means to any member of the public who has subscribed
in a manner required by the department when an individual who is
the
subject of the compilation public
internet website described in
section 8(2) initially registers under this act, or changes his or
her
registration under this act, to a location that is in a zip
code
designated area or
geographic radius designated by the
subscribing member of the public.
(4) Except as provided in this act, an individual other than
the registrant who knows of a registration or report under this act
and who divulges, uses, or publishes nonpublic information
concerning the registration or report in violation of this act is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $1,000.00, or both.
(5) An individual whose registration or report is revealed in
violation of this act has a civil cause of action against the
responsible party for treble damages.
(6)
Subsections (4) and (5) do not apply to the compilation
public internet website described in section 8(2) or information
from
that compilation public internet
website that is provided or
made available under section 8(2) or under subsection (2) or (3).
Enacting section 1. This amendatory act takes effect April 1,
2011.
Enacting section 2. Sections 11 and 12 of the sex offenders
registration act, 1994 PA 295, MCL 28.731 and 28.732, are repealed.
