A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 2, 5, 8c, and 10 (MCL 28.722, 28.725, 28.728c, and 28.730), sections 2 and 5 as amended by 2020 PA 295 and sections 8c and 10 as amended by 2011 PA 18.
House Bill No. 5869 seeks to amend the "Sex Offenders Registration Act" of 1994 by revising sections 2, 5, 8c, and 10. The bill's primary objective is to refine the definitions and procedures related to the registration and management of sex offenders. Key provisions include detailed definitions of terms such as "convicted," "custodial authority," and "tier I, II, and III offenses," which categorize offenses based on their severity and the age of the victim. The bill mandates that individuals required to register as sex offenders must report changes in residence, employment, or educational status within three business days. It also outlines specific reporting requirements for those temporarily residing elsewhere or moving out of state or country. The legislation introduces a structured process for offenders to petition for discontinuation of their registration, contingent on meeting specific criteria such as the passage of time since the offense, completion of supervised release, and successful completion of a certified sex offender treatment program. The bill also stipulates that certain juvenile offenders and those convicted of consensual acts under specific conditions may be eligible for deregistration. Funding and resource allocation details are not explicitly mentioned in the text, but the bill implies administrative responsibilities for the Department of State Police and local law enforcement agencies. These entities are tasked with maintaining updated registration databases and ensuring compliance with the new reporting requirements. The bill modifies existing laws by updating the definitions and procedures in the Sex Offenders Registration Act, specifically amending sections 2, 5, 8c, and 10 of the Michigan Compiled Laws (MCL 28.722, 28.725, 28.728c, and 28.730). These changes aim to enhance the clarity and effectiveness of the registration process and provide a legal pathway for certain offenders to be removed from the registry under defined conditions. Stakeholders affected by this legislation include registered sex offenders, law enforcement agencies, and the judicial system. Offenders may benefit from the possibility of deregistration, while law enforcement agencies will have increased responsibilities in managing and updating the registry. The judicial system will handle petitions for deregistration, considering factors such as the nature of the offense and the offender's rehabilitation progress. Significant timelines include the requirement for offenders to report changes within three business days and the eligibility criteria for petitioning for deregistration, which generally require a minimum of ten years since the offense or release from confinement. The bill also specifies that certain juvenile offenders must comply with registration requirements until they reach the age of 25.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
