A federal judge has struck down major portions of Michigan’s sex offender registry law.
The decision potentially affects many thousands of people whose names remain on the sex offender registry through many years of litigation. In some cases, names were supposed to be removed before the Legislature made changes to the law. There are also people on the list who were never charged with a sex crime.
In short, the lawsuit filed by the American Civil Liberties Union of Michigan says changes to the law are unconstitutional because they altered the rules on defendants after their convictions or plea deals. Also, the suit says the law wrongly treats everyone on the registry as though they’re a high risk to public safety. And it argues many of the things people on the registry are required to report to the Michigan State Police – such as email accounts and social media identifying information -- do not help law enforcement protect the public and violate First Amendment rights.
U.S. District Court Judge Mark Goldsmith did not strike down the registry entirely, upholding its purpose and rejecting the argument for an individual hearing before anyone can be placed on the registry. But, he wrote, the 2021 version of the law “exacts a heavy toll on registrants.”
“This includes requiring frequent in-person reporting, publishing personal information online, and often requiring registration for life,” he wrote. “Yet, as discussed above, there is a spirited debate regarding its effectiveness, particularly as it relates to reducing recidivism. While it is true that SORA contributes to public safety by deterring first-time offenders and providing members of the public with information they can use to protect themselves, it is not clear that these purposes alone justify the heavy toll on registrants.”
Attorney Miriam Aukerman with the ACLU of Michigan said much of the law is unfair and doesn’t serve its intended purpose.
“So there are significant changes that will need to be made to address constitutional flaws found by the court,” she told the Michigan Public Radio Network.
Aukerman said it may take weeks or longer to negotiate with the Michigan Attorney General and the Michigan State Police the details of an order to implement the judge’s decision.
The state could try to appeal the decision.
“In consultation with the Attorney General’s Office, we’re still reviewing the ruling and working to determine next steps,” said Michigan State Police Communications and Outreach Director Shanon Banner.
