Attorney General Nessel Weighs in On Sex Offender Registration Cases Before MI Supreme Court
February 8, 2019 PRESS RELEASE – From the Michigan Attorney General’s Office
LANSING, MI – Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court today in Michigan v Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they are so burdensome and fail to distinguish between dangerous offenders and those who are not a threat to the community.
“When originally put into place, Michigan’s Sex Offender Registration Act was narrow in scope and specifically designed to be an important law enforcement tool to protect the public from dangerous offenders,” said Nessel. “But since its enactment, the Act has swelled without any focus on individualized assessment of risk to the community, which makes it increasingly difficult for law enforcement officers to know which offenders to focus on. It also makes it difficult for offenders to rehabilitate and reintegrate into the community because they are limited in where they can live, work or even attend their children’s school functions.”
Nessel also pointed out that public accessibility of the registry has led to shaming, ostracizing, and even bullying of registrants and their families. Because the registry now allows the public to submit tips on the registry website, the public is essentially encouraged to act as vigilantes, opening the possibility for classmates, work colleagues and community members to be vindictive and retaliatory.
“There are certainly dangerous sexual predators and the public needs to be protected from them,” said Nessel, “but the current requirements are not the way to achieve that goal.”
Amendments to the Act in 2006 and 2011 – especially geographic exclusionary zones and in-person reporting requirements –are onerous restrictions that are not supported by evolving research and best practices related to recidivism, rehabilitation, and community safety. The Sixth Circuit Court of Appeals recently agreed, holding that Michigan’s SORA is punishment and cannot be applied retroactively. A number of state supreme courts have struck down their state registry laws on similar grounds.
“Simply put,” said Nessel, “the state Sex Offender Registration Act has gone far beyond its purpose and now imposes burdens that are so punitive in their effect that they negate the State’s public safety justification.”
Read the Amicus Brief filed in Michigan v. Snyder
The Registry Report 
Praise God. Commom sense.
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When is the deadline up for Michigan legislators to fix the registry? When will the court step in and fix it for them? Hope there can be NO severability! Hope it all goes down.
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My uncle was released in a MI prison in Feb 2020 and is a registered SO. He has very little hope and no direction in how to get back on his feet. He is older, age 61 and has issues reading. He is no threat to society but he needs a hand up and not a hand out. I asked him if his halfway house has assistance programs to help in reintegrate into society and job skills training. He said no and told him to figure it out on his own. How can I help him? I don’t live in MI.
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