WILX 10: Hundreds could be removed from Michigan’s sex offender registry

Aug 5
LANSING, Mich. (WILX) - The Michigan Supreme Court is redefining a portion of a 2021 law.

The result—hundreds of people could be removed from the state’s sex offender registry.

Hundreds of people on the state sex offender registry have not been convicted of sex crimes. Adding people to the sex offender registry if their crime was nonsexual is now considered unconstitutional.

The State Supreme Court added a portion of the law is cruel and unusual punishment. The State Supreme Court voted in a five to two decision on Monday. The case stems from a Wayne County man who was convicted for holding his wife and two children at gunpoint for hours. Following his release from prison, he would face 15 years on the sex offender registry for unlawful imprisonment of minors. 
Michael McDaniel, Constitutional Law Professor at Cooley Law, said while the case is violent, adding nonsexual criminals is excessive based on opinions from the court.

“It’s a criminal punishment instead of a civil penalty. They’re just looking at whether or not nonsexual offenders, upon conviction, should have to register with a sexual offender’s registry, and they said that’s too far. I think the Michigan legislature will look at this and say, ‘Alright, what’s the extent of the sexual offender registry, and how can we tighten this up so it is consistent with the Michigan constitution?’” said McDaniel.

According to the American Civil Liberties Union of Michigan, there are an estimated 300 people on the Michigan sex offender registry for nonsexual crimes.