Removal From the Sex Offender Registry

 

Under the new Tier system in Michigan, some convicted defendants can petition the court in which they were convicted to lower the registration requirement from 25 years to 10 years under certain circumstances. In those cases where the allegations meet the “Romeo & Juliet” scenario, the defendant can petition for complete removal.  The “Romeo & Juliet” scenario is one where the victim” consented to the act, was older than 13, and the defendant was no more than 4 years older than the “victim” at the time of the offense. Those defendants who were under the age of 14 years (juveniles) at the time of their offense are eligible to petition for complete removal from the registry.

 


Reduce Time for Sex Offender Registration

 

            In many cases, the new version of SORA provides that a defendant may petition for a reduction in the time he or she is required to register as a sex offender. For example, there are certain circumstances when a Tier I registrant can petition to have their reporting requirement reduced from 15 years to 10 years. And a Tier III registrant can, in some cases, petition for their registration requirement to be reduced from life to 25 years.

 

Removal or reductions in registration length in most cases is not automatic. The amended Sex Offender Registration Act requires that the defendant petition for removal.  Once a petition is filed, the trial court is supposed to conduct a hearing. The judge at the hearing will determine whether the defendant meets the necessary conditions for removal from SORA. 

 

Tier System for Determining Sex Offender Length of Registration

 

Pursuant to M.C.L. 28.722, all offenses for which registration is required have been divided into a system of three “tiers.” For a complete list of offense and Tier classification, click here.

 

Length of Sex Offender Registration

 

·         Tier 1 offenders must register for 15 years.

·         Tier 2 offenders must register for 25 years.

·         Tier 3 offenders must register for life.

 

We can help You Determine if Removal or a Reduction is a Viable Option

 

            Petitioning a court for removal or reduction in time of registration can be complex. Courts and prosecutors historically bend over backwards not to help those individuals who are convicted of sexual offenses. You need a lawyer who is not afraid to stand up to the judges and the prosecutors and do what is necessary to fight for you, your family and your future. If you or a loved one is or may be required to register in Michigan as a sex offender, and you would like to know about his or her eligibility to be removed from the registry, please call Lewis & Dickstein, P.L.L.C. at (248) 263-6800 for a free consultation with an experienced CSC attorney or fill out a Request for Assistance Form and we will promptly contact you.

 

We are not afraid to win!

 

Mr. Loren Dickstein, Esq.

Michigan Sex Crimes Defense Attorney

LEWIS & DICKSTEIN, P.L.L.C.

2000 Town Center, Ste. 2350

Southfield, MI   48075                                                    

(248) 263-6800 – Fax: (248) 357-1371

 

 

A COPY OF THE AMENDED LAW FOR YOUR REVIEW

 

Michigan Compiled Law Section 28.728c of the SEX OFFENDERS REGISTRATION ACT – Petition to discontinue registration; jurisdiction; limitations; oath; contents; false statement; filing copy with office of prosecuting attorney; notice; hearing; rights of victim; factors in court determination; granting of petition.

 (1) An individual classified as a tier I offender who meets the requirements of subsection (12) may petition the court under that subsection for an order allowing him or her to discontinue registration under this act.

(2) An individual classified as a tier III offender who meets the requirements of subsection (13) may petition the court under that subsection for an order allowing him or her to discontinue registration under this act.

(3) An individual classified as a tier I, tier II, or tier III offender who meets the requirements of subsection (14) or (15) may petition the court under that subsection for an order allowing him or her to discontinue registration under this act.

(4) 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. A petition filed under this section shall be filed in the court in which the individual was convicted of committing the listed offense. However, if the conviction occurred in another state or country and the individual is a resident of this state, the individual may file a petition in the circuit court in the county of his or her residence for an order allowing him or her to discontinue registration under this act only. 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.

(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 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.

(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.

(7) A copy of the petition shall be filed with the office of the prosecuting attorney that prosecuted the case against the individual or, for a conviction that occurred in another state or country, the prosecuting attorney for the county of his or her residence, 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.

(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 (10).

(9) 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.

(10) 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.

(11) The court shall consider all of the following in determining whether to allow the individual to discontinue registration under subsection (12) or (13) but shall not grant the petition if the court determines that the individual is a continuing threat to the public:

(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 William Van Regenmorter 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.

(12) The court may grant a petition properly filed by an individual under subsection (1) 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 petitioner has not been convicted of any felony since the date described in subdivision (a).

(c) The petitioner has not been convicted of any listed offense since the date described in subdivision (a).

(d) The petitioner 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 petitioner successfully completed a sex offender treatment program certified by the United States attorney general under 42 USC 16915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner’s confinement, release, probation, or parole.

(13) The court may grant a petition properly filed by an individual under subsection (2) if all of the following apply:

(a) The petitioner 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 adjudication for the listed offense or from his or her release from any period of confinement for that offense, whichever occurred last.

(c) The petitioner has not been convicted of any felony since the date described in subdivision (b).

(d) The petitioner has not been convicted of any listed offense since the date described in subdivision (b).

(e) The petitioner 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 court determines that the petitioner successfully completed a sex offender treatment program certified by the United States attorney general under 42 USC 16915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner’s confinement, release, probation, or parole.

(14) The court shall grant a petition properly filed by an individual under subsection (3) if the court determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and any of the following apply:

(a) All of the following:

(i) The victim was 13 years of age or older but less than 16 years of age at the time of the offense.

(ii) The petitioner is not more than 4 years older than the victim.

(b) All of the following:

(i) The individual was convicted of a violation of section 158, 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, and 750.338b.

(ii) The victim was 13 years of age or older but less than 16 years of age at the time of the violation.

(iii) The individual is not more than 4 years older than the victim.

(c) All of the following:

(i) The individual was convicted of a violation of section 158, 338, 338a, 338b, or 520c(1)(i) of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, 750.338b, and 750.520c.

(ii) The victim was 16 years of age or older at the time of the violation.

(iii) The victim was not under the custodial authority of the individual at the time of the violation.

(15) The court shall grant a petition properly filed by an individual under subsection (3) if either of the following applies:

(a) Both of the following:

(i) The petitioner was adjudicated as a juvenile.

(ii) The petitioner was less than 14 years of age at the time of the offense.

(b) The individual was registered under this act before July 1, 2011 for an offense that required registration but for which registration is not required on or after July 1, 2011.