Homeless Requirements

28.722  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.

 

WRITTEN BY: CoalitionUR