The Law

Click one of these quick links to jump to it’s section
· Register-able Offenses by Tier Level
· Tier Level Verification Schedule
· Annual Fee and Indigence Information
· Changes to registrant information
· Student Safety Zones
· Homeless Requirements
· Employment Information Required
· Email/instant message logins required
· Vehicle information required
· Temporarily reside for more than 7 days
· Fingerprints, Palm Prints & DNA

 

Registerable Offenses by Tier Level

Michigan has a three Tier registration system. Below is a list of those Tiers and what offenses fall within each Tier

Definitions:

Minor – individual under the age of 18.

Juvenile adjudication – individual under the age of 17 at the time of their offense whose disposition was not designated as an adult case.

ALL Juvenile adjudications are NON-PUBLIC and only Tier III juvenile adjudications are required to register if they were 14 or older at the time of their offense, this includes out of state juvenile adjudications. 

28.722 (r-w) – Defines Tier 1, 2 and 3 offenses

Tier I Offenses register for 15 years, once a year, in the month of their birth.  Opportunity to petition after 10 years to discontinue registration (refer to “Petitioning Opportunities” document).

Individual convicted of a Tier I offense who is not a Tier II or Tier III offender.

750.145c(4)  A person who knowingly possesses any child sexually abusive material.

750.335a(2)(b)  Indecent exposure with fondling of self, if the victim is a minor

750.349b   Unlawful imprisonment/restraint if the victim is a minor

750.449a(2)  Soliciting an individual under 18 years old for prostitution

750.520e  4th Degree CSC if the victim is 18 or older

750.520g(2)  Assault w/ Attempt to commit (touch) if the victim is 18 or older

750.539j  Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy, if the victim is a minor.

750.10A  Anyone who was at the time of the offense is a sexually delinquent person

722(s)(vi)  Any other violation, except a Tier II or III offense that by its nature constitutes a sexual offense against a minor. {This is Michigan’s “catchall” provision.}

Anyone who was at the time of offense is a sexually delinquent person (750.10A)

Attempt or conspiracy to commit any listed offenses above

Tier I is NON-PUBLIC providing individual is convicted of a SINGLE Tier I offense and the victim was 18 or older or the offense fell under the “catchall provision”. (If convicted of more than one offense the record is PUBLIC).

Tier II Offenses register for 25 years, twice a year, the month of their birth and 6 months later. Information is on the public website. Limited opportunity for petition for discontinuation of registration (refer to “Petitioning Opportunities” sheet).

Tier I offender subsequently convicted of another Tier I offense.

Individual convicted of a Tier II offense who is not a Tier III offender.

750.145a  A person who accosts, entices, or solicits a child less than 16 years of age… with the intent to induce or force that child or individual to commit an immoral act.

750.145b  A person who accosts, entices, or solicits a child less than 16 years of age… with the intent to induce or force that child or individual to commit an immoral act… with a prior conviction.

750.145c(2)  A person who persuades, induces, entices, coerces, causes, or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material.

750.145c(3)  A person who distributes or promotes, or finances the distribution or promotion of, or receives for the purpose of distributing or promoting, or conspires, attempts, or prepares to distribute, receive, finance, or promote any child sexually abusive material.

750.145d(1)(a) Use of the internet to solicit or commit an immoral act except for a violation arising out of a violation of 750.157c (coercing a minor to commit a felony)

750.158  Sodomy against a minor; unless either of the following applies: (A) victim consented, was 13 up to the age of 16 and no more than 4 years age difference OR (B) victim consented, was 17 or older and was not under custodial authority of the individual.

750.338, 750.338a or 750.338b Gross indecency, victim 13 up to the age of 18, unless either of the following applies: (A) victim consented, victim 13 up to the age of 16, not more than 4 years age difference, OR  (B) victim  consent, victim 16 or 17 and victim was not under custodial authority of the individual.

750.448   Solicit to commit prostitution if the victim is a minor

750.455  Pandering – enticing female to become a prostitute.

750.462e(a)  Recruit, entice, harbor, transport, provide, or obtain by any means a minor for commercial sexual activity

750.520c   2nd Degree CSC if the victim is 18 or older

750.520c   2nd Degree CSC if victim is 13 up to the age of 18.

750.520e   4th Degree CSC if victim is 13 up to the age of 18.

750.520g(2)  Assault w/Attempt to Commit (touch) if victim is13 up to the age of 18.

Attempt or conspiracy to commit any listed offenses above

Tier III offenses register for life, 4 times a year, month of birth and every 3 months thereafter. Information is on the public website unless adjudicated as a juvenile. Opportunity to petition for removal after 25 years ONLY if adjudicated as a juvenile (refer to “Petitioning Opportunities” sheet).

A Tier II offender subsequently convicted of a Tier I or Tier II offense.

An individual convicted of a Tier III offense.

750.338 Gross indecency between males, victim under 13

750.338a  Gross indecency between females, victim under 13

750.338b  Gross indecency between male and female, victim under 13

750.349   Kidnapping committed against a minor

750.350   Kidnapping victim under 14

750.520b  1st Degree CSC, does not apply when a court determines victim consented, victim 13 up to the age of 16, less than 4 yr. age difference.

750.520c  2nd Degree CSC, victim under the age of 13

750.520d  3rd Degree CSC, does not apply when a court determines victim consented, victim 13 up to the age of 16, less than 4 yr. age difference.

750.520e   4th Degree CSC committed by individual 17 or older against victim less than 13.

750.520g(1)   Assault w/Attempt to commit penetration, does not apply when a court determines victim consented, victim 13 up to the age of 16, less than 4 yr. age difference.

750.520g(2)  Assault w/Attempt to Commit touch, victim under the age of 1

Attempt or conspiracy to commit any listed offense above.

Statutes that are not registerable after 7/1/2011 (refer to “Petitioning Opportunities” sheet on how petition to discontinue registration):

750.167(1)(f)  Disorderly person; obscene conduct. Previously required 3 offenses to be registerable.

750.335a(2)(a)   Indecent exposure. Previously required 3 offenses to be registerable.

Individuals who were under the age of 14 at the time of their offense and were adjudicated as juveniles are not required to register after 7/1/2011 (refer to “Petitioning Opportunities” sheet on how petition to discontinue registration).

Individuals who were 14 or older at the time of their offense and were adjudicated as juveniles who do NOT fall under a Tier III offense are not required to register after 7/1/2011. (Refer to “Petitioning Opportunities” sheet on how petition to discontinue registration)

Individuals who have a juvenile adjudication for a registerable offense are released from registration requirements if they are successful getting their adjudication set-aside. Michigan State Police need to be notified about the set-aside before the individual can be removed. (Refer to Juvenile Set-aside information).

Individuals who have adult convictions set-aside are still required to register. They can notify Michigan State Police of the set-aside and their public page will reflect the set-aside.

Individuals who are assigned to Holmes Youthful Trainee Act (HYTA) for a registerable offense on or after 10/1/2004 are not required to register unless they lose their HYTA status.

Individuals who were assigned to Holmes Youthful Trainee Act (HYTA) for a registerable offense before 10/1/2004 are required to register unless they qualify for and successfully petition to be released from registration requirements.  (Refer to “Petitioning Opportunities” sheet on how petition to discontinue registration)

NOTE:  The law currently does not contain a procedure which would allow a registrant to challenge their Tier level placement. If a registrant feels their Tier level has been inaccurately assigned, they need to hire an attorney.

Tier Level Verification Schedule

Tier level verification is based on registrant’s birth month and frequency of verification (annually, semi-annually or quarterly).

28.725a

Registrants have the entire reporting month to verify information.

Registrants can verify at a local law enforcement office, sheriff’s department or Michigan State Police Post.

The law requires law enforcement to give a registrant proof of verification under MCL 28.725a(5). It is recommended that you keep these documents in a safe place in case they are ever needed as proof of verification.

Tier I registrants report once each year during their month of birth.

Tier II registrants report 2 times each year according to the following schedule:

Birth Month   Reporting Months
January January and July
February February and August
March March and September
April April and October
May May and November
June June and December
July January and July
August February and August
September March and September
October April and October
November May and November
December June and December

Tier III registrants report 4 times each year according to the following schedule:

Birth Month Reporting Months
January January, April, July, and October
February February, May, August, and November
March March, June, September, and December
April April, July, October, and January
May May, August, November, and February
June June, September, December, and March
July July, October, January, and April
August August, November, February, and May
September September, December, March, and June
October October, January, April, and July
November November, February, May, and August
December December, March, June, and September

28.729   Penalty

(2) An individual who fails to comply with section 28.725a, other than payment of the fee required under section 28.725a(6), is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

 

Annual Fee and Indigence Information

Michigan registrants are required to pay a $50 initial fee and an annual fee of $50. Annual fee went into effect 4/1/2014. There are exceptions if a registrant can prove indigence.

28.722(h)  Definitions

(h) Indigentmeans an individual to whom 1 or more of the following apply:

(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.

{In order to be found indigent registrants need to provide proof of at least ONE of (i) – (iii). The Federal Poverty Guidelines for 2015 can be found at:  https://aspe.hhs.gov/2015-poverty-guidelines#guidelines.}

28.725b  Sex offenders registration fund; creation; disposition of money; use; lapse; claim of indigence; waiver of fee; payments.

(3) If an individual required to pay a registration fee under this act is indigent, the registration fee shall be 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 in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under section 8 as necessary and shall indicate verification of payment in the law enforcement database under section 8(1).

28.725a  Notice to registered individual; explanation of duties; reporting requirements.

(6) Except as otherwise provided in section 5b, an individual who reports as prescribed under subsection (3) shall pay a $50.00 registration fee as follows:

(a) Upon initial registration.

(b) Annually following the year of initial registration. The payment of the registration fee under this subdivision shall be made at the time the individual reports in the first reporting month for that individual as set forth in subsection (3) of each year in which the fee applies, unless an individual elects to prepay an annual registration fee for any future year for which an annual registration fee is required. Prepaying any annual registration fee shall not change or alter the requirement of an individual to report as set forth in subsection (3). The payment of the registration fee under this subdivision is not required to be made for any registration year that has expired before January 1, 2014 or to be made by any individual initially required to register under this act after January 1, 2019. The registration fee required to be paid under this subdivision shall not be prorated on grounds that the individual will complete his or her registration period after the month in which the fee is due.

(c) The sum of the amounts required to be paid under subdivisions (a) and (b) shall not exceed $550.00.

28.729   Penalty

(4) An individual who willfully refuses or fails to pay the registration fee prescribed in section 5a(6) 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.

*Explanations are in {brackets and italics}.

Changes to registrant information

Michigan’s law defining “immediate” (within 3 business days), listing what information is required to be reported to law enforcement if a change in registrant information and explaining the penalties for non-compliance.

 28.722(g) Definitions

(g) “Immediately” means within 3 business days.

28.725 Conditions requiring individual to report in person and provide notice to registering authority;

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(a) The individual changes or vacates his or her residence or domicile.

(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 to regularly operate any vehicle, and when ownership or operation of the vehicle is discontinued.

(h) Any change required to be reported under section 4a. {28.724a has to do with reporting status as a student at an institution of higher education.}

{Phone number is NOT listed in the law as being required to be changed “immediately” or within 3 business days. This would likely make notification of any change of phone number when verifying 1-4 times a year, depending upon Tier level.}

28.729 Penalties

(1) ……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, 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, 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, by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

*Explanations are in {brackets and italics}.

Student Safety Zones

Live, work or loiter – Information on requirements, penalties, exclusions and exemptions to this section of Michigan’s law. 

28.733  Definitions.

(a) “Listed offense” means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(b) “Loiter” means to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors.

(c) “Minor” means an individual less than 18 years of age.

(d) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. School does not include a home school.

(e) “School property” means a building, facility, structure, or real property owned, leased, or otherwise controlled by a school, other than a building, facility, structure, or real property that is no longer in use on a permanent or continuous basis, to which either of the following applies:

(i) It is used to impart educational instruction.

(ii) It is for use by students not more than 19 years of age for sports or other recreational activities.

(f) “Student safety zone” means the area that lies 1,000 feet or less from school property.

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

(1) Except as provided in this section and section 36, an individual required to be registered under article II shall not do 1 or more of the following:

(a) Work within a student safety zone.

(b) Loiter within a student safety zone.

(2) An individual who violates this section is guilty of a crime as follows:

(a) For the first violation, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) An individual who violates this section and has 1 or more prior convictions under this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) Subsection (1)(a) does not apply to any of the following:

(a) An individual who was working within a student safety zone on January 1, 2006. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone.

(b) An individual whose place of employment is within a student safety zone solely because a school is relocated or is initially established 1,000 feet or less from the individual’s place of employment. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone.

(c) An individual who only intermittently or sporadically enters a student safety zone for the purpose of work. However, this exception does not apply to an individual who initiates or maintains contact with a minor within a student safety zone.

(4) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(5) Nothing in this section shall be construed to prohibit an individual from exercising his or her right to vote.

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

(1) Except as otherwise provided in this section and section 36, an individual required to be registered under article II shall not reside within a student safety zone.

(2) An individual who violates subsection (1) is guilty of a crime as follows:

(a) For the first violation, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) An individual who violates this section and has 1 or more prior convictions under this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) This section does not apply to any of the following:

(a) An individual who is not more than 19 years of age and attends secondary school or postsecondary school, and resides with his or her parent or guardian. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone. However, the individual may initiate or maintain contact with a minor with whom he or she attends secondary school or postsecondary school in conjunction with that school attendance.

(b) An individual who is not more than 26 years of age and attends a special education program, and resides with his or her parent or guardian or resides in a group home or assisted living facility. However, an individual described in this subdivision shall not initiate or maintain contact with a minor within that student safety zone. The individual shall be permitted to initiate or maintain contact with a minor with whom he or she attends a special education program in conjunction with that attendance.

(c) An individual who was residing within that student safety zone on January 1, 2006. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone.

(d) An individual who is a patient in a hospital or hospice that is located within a student safety zone. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone.

(e) An individual who resides within a student safety zone because the individual is an inmate or resident of a prison, jail, juvenile facility, or other correctional facility or is a patient of a mental health facility under an order of commitment. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone.

(4) An individual who resides within a student safety zone and who is subsequently required to register under article II {conviction AFTER Jan.1, 2006} shall change his or her residence to a location outside the student safety zone not more than 90 days after he or she is sentenced for the conviction that gives rise to the obligation to register under article II. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that student safety zone during the 90-day period described in this subsection.

(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

28.736  Exemptions.

(1) Subject to subsection (2), sections 34 {work & loiter} and 35 {reside} do not apply to any of the following:

(a) An individual who is convicted as a juvenile {juvenile adjudication} 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 {juvenile adjudication} 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 for committing a listed offense and has been discharged from youthful trainee status {assignment to Holmes Youthful Trainee Act, HYTA}.

(d) An individual convicted of committing or attempting to commit a violation solely described in section 520e(1)(a) {4th degree, victim 13 up to the age of 16} of the Michigan penal code, 1931 PA 328, MCL 750.520e, who at the time of the violation was 17 years of age or older but less than 21 years of age and who is not more than 5 years older than the victim.

(2) An individual who is convicted of more than 1 offense described in subsection (1) is ineligible for exemption under this section.

*Explanations are in {brackets and italics}.

Homeless Requirements

28.722(p)  Definitions

(p) “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. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her time. This section shall not be construed to affect existing judicial interpretation of the term residence for purposes other than the purposes of this act.

28.727  Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department {State Police} in the format the department prescribes. Except as provided in section 5b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(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 or, if the individual is homeless, the village, city, or township where the person spends or will spend the majority of his or her time.

28.728  Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal; note.

(1) The department {State Police} 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:

(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 or, if the individual is homeless, the village, city, or township where the person spends or will spend the majority of his or her time.

{If a homeless registrant intends to temporarily reside somewhere for more than 7 days they must report this to law enforcement within 3 business days after the change occurs.}

28.725  Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance.

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(e) The individual intends to temporarily reside at any place other than his or her residence for more than 7 days.

{FACT: The law does not prevent homeless registrants from staying in emergency overnight shelters, even if the shelter is near a school. The law restricts many registrants from living within 1,000 feet from a school. However, a recent court decision (Poe v. Snyder, 2011 WL 6781361 – W.D. Mich. Dec. 27, 2011) makes it clear that homeless registrants can stay in emergency overnight shelters near school property without violating the law.}

*Explanations are in {brackets and italics}.

Employment information required

Every place in Michigan’s SORA law where the reporting of registrant employment information is mentioned.

28.722(e):   Definitions

(e) “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.

28.725(1)(b) & (2):  Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance.

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(b) The individual changes his or her place of employment, or employment is discontinued.

(2) An individual required to be registered under this act who is not a resident of this state but has his or her place of employment in this state shall report in person and notify the registering authority 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.

28.727(1)(f):   Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department {Michigan State Police} in the format the department prescribes. Except as provided in section 28.725b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(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. If the individual lacks a fixed employment location, the information obtained under this subdivision shall include the general areas where the individual works and the normal travel routes taken by the individual in the course of his or her employment. {This is the only place where they ask for a route, etc… they do not ask for this information for the LE database or for the public website (see below)}

28.728(1)(f) & (2)(d):  amended Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal.

(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:(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.

(2) The department shall maintain a public internet website separate from the law enforcement database described in subsection (1) to implement section 10(2) and (3). Except as provided in subsection (4), the public internet website shall contain all of the following information for each individual registered under this act:

(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.

*Explanations are in {brackets and italics}.

Email/instant message logins required

Every place in Michigan’s law where the registrant requirement to provide email and instant message logins are mentioned.

28.725(1)(f):  Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance.

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(f) The individual establishes any electronic mail or instant message address, or any other designations used in internet communications or postings.

28.727(1)(i):  Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department in the format the department prescribes. Except as provided in section 28.725b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(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.

28.728(1)(i) & (3)(e):  Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal.

(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:

(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.

(3) The following information shall not be made available on the public internet website described in subsection (2):

(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.

*Explanations are in {brackets and italics}.

Vehicle information required

Lists every place in Michigan’s law where the reporting of vehicle information is discussed.

28.722(x) & (y):   Definitions

(x) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. {MCL 257.79 says “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act}

(y) “Vessel” means that term as defined in section 44501 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.44501. {MCL 324.44501: “Vessel” means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water irrespective of the method of operation or propulsion.}

28.725(1)(g): Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance.

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(g) The individual purchases or begins to regularly operate any vehicle, and when ownership or operation of the vehicle is discontinued.

28.727(1)(j):  Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department {State Police} in the format the department prescribes. Except as provided in section 28.725b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(j) The license plate number, registration number, and description of any motor vehicle, aircraft, or vessel owned or regularly operated by the individual and the location at which the motor vehicle, aircraft, or vessel is habitually stored or kept

28.728(1)(j) & (2)(f):  Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal.

(1) The department {State Police} 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:

(j) The license plate number or registration number and description of any motor vehicle, aircraft, or vessel owned or regularly operated by the individual and the location at which the motor vehicle, aircraft, or vessel is habitually stored or kept.

(2) The department {State Police} shall maintain a public internet website separate from the law enforcement database described in subsection (1) to implement section 10(2) and (3). Except as provided in subsection (4), the public internet website shall contain all of the following information for each individual registered under this act:

(f) The license plate number or registration number and description of any motor vehicle, aircraft, or vessel owned or regularly operated by the individual.

{The way Sec. 28.728 (1) & (2) reads, registrants must report the license plate number OR registration number, and do not have to report the VIN number or license plate expiration date.}

*Explanations are in {brackets and italics}.

Temporarily reside for more than 7 days

Lists every place in Michigan’s law where registrant information regarding temporary residence or traveling for more than 7 days is mentioned, and what is required.

28.725  Conditions requiring individual to report in person and provide notice to registering authority; release of incarcerated individual; notice; compliance.

(1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately {within 3 business days} after any of the following occur:

(e) The individual intends to temporarily reside at any place other than his or her residence for more than 7 days.

(7) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located not later than 21 days before he or she changes his or her domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her new domicile or residence or place of stay, if known. 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.

28.727  Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department in the format the department prescribes. Except as provided in section 5b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(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 for more than 7 days. Information under this subdivision shall include the dates the lodging is used or to be used.

28.728  Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal; note.

(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:

(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 for more than 7 days. Information under this subdivision shall include the dates the lodging is used or to be used.

{Be aware that International travel can be complicated because Federal requirements COULD come into play and the Federal Government wants states to notify them whenever a registrant is traveling or moving to another country for ANY period of time. Michigan law only requires notification if you are going to be gone for more than 7 days.}

*Explanations are in {blue brackets and italics}.

 

 

What SORA & the DNA Identification Profiling System Act says about Fingerprints, Palm prints & DNA samples

Below are the ONLY places in Michigan’s SORA law where fingerprints, palm prints & DNA are mentioned. Registrants ARE required to have fingerprints & palm prints on file with the Michigan State Police. When the law speaks to DNA it only says that there must be an identifier in the database as to whether or not DNA was collected. It does not require registrants to give DNA retroactively.

SORA

28.727(1)(q) & (2)(e) Registration information; format; fee; requirements; forwarding registration, notice, and verification information to federal bureau of investigation, local agencies, and other registering jurisdictions.

(1) Registration information obtained under this act shall be forwarded to the department {Michigan State Police} in the format the department prescribes. Except as provided in section 5b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes:

(q) The individual’s fingerprints if not already on file with the department and the individual’s palm prints. {The law requires that these be on file} An individual required to be registered under this act shall have his or her fingerprints or palm prints or both taken not later than September 12, 2011 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.

(2) A registration shall contain all of the following:

(e) An identifier that indicates whether a DNA sample has been collected and any resulting DNA profile has been entered into the federal combined DNA index system (CODIS). {If a registrant did not give DNA at the time of conviction this wording does NOT require registrant to retroactively give DNA}

28.728(1)(q) & (v) Law enforcement database; information to be contained for each registered individual; public internet website; compilation; availability; removal; note.

(1) The department {Michigan State Police} 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:

(q) The individual’s fingerprints and palm prints. {The law requires that these be on file}

(v) An identifier that indicates whether a DNA sample has been collected and any resulting DNA profile has been entered into the federal combined DNA index system (CODIS). {If a registrant did not give DNA at the time of conviction this wording does NOT require registrant to retroactively give DNA}

*Explanations are in {brackets and italics}.

DNA Identification Profiling System Act – Act 250 of 1990

The DNA Identification Profiling System Act requires individuals to provide a DNA sample upon a felony arrest or conviction of a felony or the listed misdemeanors. The law does NOT require retroactive collection of DNA. The DNA Identification Profiling System Act does not require individuals convicted or found responsible of a felony or the listed misdemeanors prior to the effective dates to submit DNA samples. Thus, DNA can ONLY be collected under this Act if a registrant was convicted after the effective date of January 1, 2002 (or, if based on a felony arrest, after July 1, 2015).