GENESEE COUNTY, Mich. (WOWO) — More than 20,000 people have been removed from Michigan’s sex offender registry following a state Supreme Court ruling that changed how long certain people can legally be required to remain registered.
Michigan State Police said more than 20,000 people had been removed from the registry as of September 11. About 43,000 people were actively registered or required to register when the court issued its order, meaning the removals represented nearly half of that population at the time. MSP said the numbers could change as the review continues.
The Michigan Supreme Court ruled September 9 that amendments to the state’s Sex Offenders Registration Act cannot be applied retroactively to people whose offenses occurred before July 1, 2011, because doing so violates constitutional protections against ex post facto laws.
The ruling does not erase a person’s underlying criminal conviction. Instead, it determines whether Michigan can continue imposing registration requirements under the later version of the law for offenses committed before the July 1, 2011, cutoff.
Genesee County Prosecutor David Leyton said he disagrees with the decision and believes it could affect public safety.
“The decision certainly concerns me and makes me feel like the community is less safe, based upon the decision that was reached by the Supreme Court,” Leyton said.
“It’s certainly not a decision that I agree with. I know my fellow prosecutors don’t agree with it. We did litigate it in the courts,” he said.
Michigan State Police said it did not make the change to the law and is required to comply with the Supreme Court’s order.
“The MSP did not make this change to the law,” Michigan State Police Director Col. James F. Grady II said in a September 11 statement. “However, the department maintains the database, is required to comply with the Court’s order and is taking the necessary steps to implement the ruling.”
MSP said any effort to change the law following the ruling would have to come from the Michigan Legislature.
Michigan’s public registry is maintained by State Police and contains information about people convicted of offenses that require registration under the state’s Sex Offenders Registration Act. The registry is intended to help the public protect against future criminal sexual acts.
The legal dispute stems from changes Michigan made to its sex offender registration law in 2011. Those amendments expanded registration requirements and took effect July 1 of that year.
The Michigan Supreme Court previously ruled in People v. Betts that retroactively applying the 2011 SORA amendments to people whose criminal acts occurred before the amendments violated state and federal constitutional prohibitions against ex post facto laws.
The state’s latest ruling addresses the effect of later changes to the law and the registration obligations that can still be imposed on people whose offenses predated July 1, 2011.
People whose offenses occurred on or after that date remain subject to the applicable registration requirements. MSP specifically said people who remain registered for offenses committed on or after July 1, 2011, should contact the Sex Offender Registry Unit or their local law enforcement agency if they believe there is an error in their information.
Leyton said the ruling changes the length of time some people can legally be required to remain on the registry, rather than eliminating their convictions.
“Going forward, of course, folks are still on it and we’ll be vigilant in prosecuting sexual assault crimes,” Leyton said.
MSP said its implementation of the ruling will continue as the department reviews the registry. The department emphasized that it is carrying out the court’s order rather than making an independent decision to remove people from the database.
