Bill Text: MI SB0188 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Criminal procedure; sex offender registration; federal compliance with sex offenders registry; provide for. Amends secs. 2, 3, 4, 4a, 5, 5a & 5b of 1994 PA 295 (MCL 28.722 et seq.) & adds sec. 3a. TIE BAR WITH: SB 0189'11
Spectrum: Moderate Partisan Bill (Republican 14-4)
Status: (Passed) 2011-04-13 - Assigned Pa 0017'11 With Immediate Effect [SB0188 Detail]
Download: Michigan-2011-SB0188-Chaptered.html
Act No. 17
Public Acts of 2011
Approved by the Governor
April 12, 2011
Filed with the Secretary of State
April 12, 2011
EFFECTIVE DATE: April 12, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Senators Jones, Pavlov, Pappageorge, Nofs, Proos, Booher, Gleason, Hansen, Hune, Hunter, Jansen, Johnson, Kahn, Kowall, Marleau, Meekhof, Schuitmaker and Warren
ENROLLED SENATE BILL No. 188
AN ACT to amend 1994 PA 295, entitled “An act to require persons convicted of certain offenses to register; to prohibit certain individuals from engaging in certain activities within a student safety zone; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions,” by amending sections 2, 3, 4, 4a, 5, 5a, and 5b (MCL 28.722, 28.723, 28.724, 28.724a, 28.725, 28.725a, and 28.725b), section 2 as amended by 2005 PA 301, section 3 as amended by 1999 PA 85, section 4 as amended by 2004 PA 240, section 4a as amended and section 5b as added by 2004 PA 237, section 5 as amended by 2006 PA 402, and section 5a as amended by 2005 PA 322, and by adding section 3a.
The People of the State of Michigan enact:
Sec. 2. As used in this act:
(a) “Aircraft” means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) “Convicted” means 1 of the following:
(i) Having a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court, and including a conviction subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624.
(ii) Either of the following:
(A) Being assigned to youthful trainee status under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, before October 1, 2004. This sub-subparagraph does not apply if a petition was granted under section 8c at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date.
(B) Being assigned to youthful trainee status under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, before October 1, 2004 if the individual is convicted of any other felony on or after July 1, 2011.
(iii) Having 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, if both of the following apply:
(A) The individual was 14 years of age or older at the time of the offense.
(B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender.
(iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply:
(A) The individual is 14 years of age or older at the time of the offense.
(B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender.
(c) “Custodial authority” means 1 or more of the following apply:
(i) The actor was a member of the same household as the victim.
(ii) The actor was related to the victim by blood or affinity to the fourth degree.
(iii) The actor was in a position of authority over the victim and used this authority to coerce the victim to submit.
(iv) The actor was a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled.
(v) The actor was an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled, or was a volunteer who was not a student in any public school or nonpublic school, or was an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor used his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
(vi) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, the department of corrections who knew that the other person was under the jurisdiction of the department of corrections and used his or her position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
(vii) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, a private vendor that operated a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that the other person was under the jurisdiction of the department of corrections.
(viii) That other person was a prisoner or probationer under the jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor was an employee or a contractual employee of, or a volunteer with, the county or the department of corrections who knew that the other person was under the county’s jurisdiction and used his or her position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
(ix) The actor knew or had reason to know that a court had detained the victim in a facility while the victim was awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor was an employee or contractual employee of, or a volunteer with, the facility in which the victim was detained or to which the victim was committed.
(d) “Department” means the department of state police.
(e) “Employee” means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether he or she is financially compensated.
(f) “Felony” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, MCL 761.1.
(g) “Immediately” means within 3 business days.
(h) “Indigent” means an individual to whom 1 or more of the following apply:
(i) He or she has been found by a court to be indigent within the last 6 months.
(ii) He or she qualifies for and receives assistance from the department of human services food assistance program.
(iii) He or she demonstrates an annual income below the current federal poverty guidelines.
(i) “Institution of higher education” means 1 or more of the following:
(i) A public or private community college, college, or university.
(ii) A public or private trade, vocational, or occupational school.
(j) “Local law enforcement agency” means the police department of a municipality.
(k) “Listed offense” means a tier I, tier II, or tier III offense.
(l) “Minor” means a victim of a listed offense who was less than 18 years of age at the time the offense was committed.
(m) “Municipality” means a city, village, or township of this state.
(n) “Registering authority” means the local law enforcement agency or sheriff’s office having jurisdiction over the individual’s residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction.
(o) “Registration jurisdiction” means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction.
(p) “Residence”, as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a wife has a residence separate from that of the husband, that place at which the person resides the greater part of the time shall be his or her official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her time. This section shall not be construed to affect existing judicial interpretation of the term residence for purposes other than the purposes of this act.
(q) “Student” means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education.
(r) “Tier I offender” means an individual convicted of a tier I offense who is not a tier II or tier III offender.
(s) “Tier I offense” means 1 or more of the following:
(i) A violation of section 145c(4) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(ii) A violation of section 335a(2)(b) of the Michigan penal code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
(iii) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor.
(iv) A violation of section 520e or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim is 18 years or older.
(v) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor.
(vi) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
(vii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).
(ix) An offense substantially similar to an offense described in subparagraphs (i) to (viii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(t) “Tier II offender” means either of the following:
(i) A tier I offender who is subsequently convicted of another offense that is a tier I offense.
(ii) An individual convicted of a tier II offense who is not a tier III offender.
(u) “Tier II offense” means 1 or more of the following:
(i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a.
(ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b.
(iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
(iv) A violation of section 145d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.145d, except for a violation arising out of a violation of section 157c of the Michigan penal code, 1931 PA 328, MCL 750.157c.
(v) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, committed against a minor unless either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age 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.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vi) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was at least 13 years of age 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.
(B) All of the following:
(I) The victim consented to the conduct constituting the violation.
(II) The victim was 16 or 17 years of age at the time of the violation.
(III) The victim was not under the custodial authority of the individual at the time of the violation.
(vii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor.
(viii) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455.
(ix) A violation of section 520c, 520e, or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and 750.520g, committed against an individual 13 years of age or older but less than 18 years of age.
(x) A violation of section 520c committed against an individual 18 years of age or older.
(xi) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (x).
(xii) An offense substantially similar to an offense described in subparagraphs (i) to (xi) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(v) “Tier III offender” means either of the following:
(i) A tier II offender subsequently convicted of a tier I or II offense.
(ii) An individual convicted of a tier III offense.
(w) “Tier III offense” means 1 or more of the following:
(i) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual less than 13 years of age.
(ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor.
(iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350.
(iv) A violation of section 520b, 520d, or 520g(1) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and 750.520g. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
(v) A violation of section 520c or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed against an individual less than 13 years of age.
(vi) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age.
(vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described in subparagraphs (i) to (vii) under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.
(x) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
(y) “Vessel” means that term as defined in section 44501 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.44501.
Sec. 3. (1) Subject to subsection (2), the following individuals who are domiciled or temporarily reside in this state or who work with or without compensation or are students in this state are required to be registered under this act:
(a) An individual who is convicted of a listed offense after October 1, 1995.
(b) An individual convicted of a listed offense on or before October 1, 1995 if on October 1, 1995 he or she is on probation or parole, committed to jail, committed to the jurisdiction of the department of corrections, or under the jurisdiction of the juvenile division of the probate court or the department of human services for that offense or is placed on probation or parole, committed to jail, committed to the jurisdiction of the department of corrections, placed under the jurisdiction of the juvenile division of the probate court or family division of circuit court, or committed to the department of human services after October 1, 1995 for that offense.
(c) An individual convicted on or before October 1, 1995 of an offense described in section 2(d)(vi) as added by 1994 PA 295 if on October 1, 1995 he or she is on probation or parole that has been transferred to this state for that offense or his or her probation or parole is transferred to this state after October 1, 1995 for that offense.
(d) An individual from another state who is required to register or otherwise be identified as a sex or child offender or predator under a comparable statute of that state.
(e) An individual who was previously convicted of a listed offense for which he or she was not required to register under this act, but who is convicted of any other felony on or after July 1, 2011.
(2) An individual convicted of an offense added on September 1, 1999 to the definition of listed offense is not required to be registered solely because of that listed offense unless 1 of the following applies:
(a) The individual is convicted of that listed offense on or after September 1, 1999.
(b) On September 1, 1999, the individual is on probation or parole, committed to jail, committed to the jurisdiction of the department of corrections, under the jurisdiction of the family division of circuit court, or committed to the department of human services for that offense or the individual is placed on probation or parole, committed to jail, committed to the jurisdiction of the department of corrections, placed under the jurisdiction of the family division of circuit court, or committed to the department of human services on or after September 1, 1999 for that offense.
(c) On September 1, 1999, the individual is on probation or parole for that offense which has been transferred to this state or the individual’s probation or parole for that offense is transferred to this state after September 1, 1999.
(d) On September 1, 1999, in another state or country the individual is on probation or parole, committed to jail, committed to the jurisdiction of the department of corrections or a similar type of state agency, under the jurisdiction of a court that handles matters similar to those handled by the family division of circuit court in this state, or committed to an agency with the same authority as the department of human services for that offense.
(3) A nonresident who is convicted in this state on or after July 1, 2011 of committing a listed offense who is not otherwise described in subsection (1) shall nevertheless register under this act. However, the continued reporting requirements of this act do not apply to the individual while he or she remains a nonresident and is not otherwise required to report under this act. The individual shall have his or her photograph taken under section 5a.
Sec. 3a. (1) If an individual pleads guilty to or is found guilty of a listed offense or is adjudicated as a juvenile as being responsible for a listed offense but alleges that he or she is not required to register under this act because section 2(u)(v) or (vi) applies or section 2(w)(iv) applies, and the prosecuting attorney disputes that allegation, the court shall conduct a hearing on the matter before sentencing or disposition to determine whether the individual is required to register under this act.
(2) The individual has the burden of proving by a preponderance of the evidence in a hearing under this section that his or her conduct falls within the exceptions described in subsection (1) and that he or she is therefore not required to register under this act.
(3) The rules of evidence, except for those pertaining to privileges and protections set forth in section 520j of the Michigan penal code, 1931 PA 328, MCL 750.520j, do not apply to a hearing under this section.
(4) The prosecuting attorney shall give the victim notice of the date, time, and place of the hearing.
(5) The victim of the offense has the following rights in a hearing under this section:
(a) To submit a written statement to the court.
(b) To attend the hearing and to make a written or oral statement to the court.
(c) To refuse to attend the hearing.
(d) To attend the hearing but refuse to testify or make a statement at the hearing.
(6) The court’s decision excusing or requiring the individual to register is a final order of the court and may be appealed by the prosecuting attorney or the individual as a matter of right.
(7) This section applies to criminal and juvenile cases pending on July 1, 2011 and to criminal and juvenile cases brought on and after that date.
Sec. 4. (1) Registration of an individual under this act shall proceed as provided in this section.
(2) For an individual convicted of a listed offense on or before October 1, 1995 who on or before October 1, 1995 is sentenced for that offense, has a disposition entered for that offense, or is assigned to youthful trainee status for that offense, the following shall register the individual by December 31, 1995:
(a) If the individual is on probation for the listed offense, the individual’s probation agent.
(b) If the individual is committed to jail for the listed offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the department of corrections for the listed offense, the department of corrections.
(d) If the individual is on parole for the listed offense, the individual’s parole agent.
(e) If the individual is within the jurisdiction of the juvenile division of the probate court or the department of social services under an order of disposition for the listed offense, the juvenile division of the probate court or the department of social services.
(3) Except as provided in subsection (4), for an individual convicted of a listed offense on or before October 1, 1995:
(a) If the individual is sentenced for that offense after October 1, 1995 or assigned to youthful trainee status after October 1, 1995, the probation agent shall register the individual before sentencing or assignment.
(b) If the individual’s probation or parole is transferred to this state after October 1, 1995, the probation or parole agent shall register the individual immediately after the transfer.
(c) If the individual is placed within the jurisdiction of the juvenile division of the probate court or family division of circuit court or committed to the department of social services or family independence agency under an order of disposition entered after October 1, 1995, the juvenile division of the probate court or family division of circuit court shall register the individual before the order of disposition is entered.
(4) For an individual convicted on or before September 1, 1999 of an offense that was added on September 1, 1999 to the definition of listed offense, the following shall register the individual:
(a) If the individual is on probation or parole on September 1, 1999 for the listed offense, the individual’s probation or parole agent not later than September 12, 1999.
(b) If the individual is committed to jail on September 1, 1999 for the listed offense, the sheriff or his or her designee not later than September 12, 1999.
(c) If the individual is under the jurisdiction of the department of corrections on September 1, 1999 for the listed offense, the department of corrections not later than November 30, 1999.
(d) If the individual is within the jurisdiction of the family division of circuit court or committed to the family independence agency or county juvenile agency on September 1, 1999 under an order of disposition for the listed offense, the family division of circuit court, the family independence agency, or the county juvenile agency not later than November 30, 1999.
(e) If the individual is sentenced or assigned to youthful trainee status for that offense after September 1, 1999, the probation agent shall register the individual before sentencing or assignment.
(f) If the individual’s probation or parole for the listed offense is transferred to this state after September 1, 1999, the probation or parole agent shall register the individual within 14 days after the transfer.
(g) If the individual is placed within the jurisdiction of the family division of circuit court or committed to the family independence agency for the listed offense after September 1, 1999, the family division of circuit court shall register the individual before the order of disposition is entered.
(5) Subject to section 3, an individual convicted of a listed offense in this state after October 1, 1995 and an individual who was previously convicted of a listed offense for which he or she was not required to register under this act, but who is convicted of any other felony on or after July 1, 2011, shall register before sentencing, entry of the order of disposition, or assignment to youthful trainee status for that listed offense or that other felony. The probation agent or the family division of circuit court shall give the individual the registration form after the individual is convicted, explain the duty to register and accept the completed registration for processing under section 6. The court shall not impose sentence, enter the order of disposition, or assign the individual to youthful trainee status, until it determines that the individual’s registration was forwarded to the department as required under section 6.
(6) All of the following shall register with the local law enforcement agency, sheriff’s department, or the department immediately after becoming domiciled or temporarily residing, working, or being a student in this state:
(a) Subject to section 3(1), an individual convicted in another state or country on or after October 1, 1995 of a listed offense as defined before September 1, 1999.
(b) Subject to section 3(2), an individual convicted in another state or country of an offense added on September 1, 1999 to the definition of listed offenses.
(c) Subject to section 3(1), an individual convicted in another state or country of a listed offense before October 1, 1995 and, subject to section 3(2), an individual convicted in another state or country of an offense added on September 1, 1999 to the definition of listed offenses, who is convicted of any other felony on or after July 1, 2011.
(d) An individual required to be registered as a sex offender in another state or country regardless of when the conviction was entered.
(7) If a prosecution or juvenile proceeding is pending on July 1, 2011, whether the defendant in a criminal case or the minor in a juvenile proceeding is required to register under this act shall be determined on the basis of the law in effect on July 1, 2011.
Sec. 4a. (1) An individual required to be registered under this act who is not a resident of this state shall report his or her status in person to the registering authority having jurisdiction over a campus of an institution of higher education if either of the following occurs:
(a) The individual is or enrolls as a student with that institution of higher education or the individual discontinues that enrollment.
(b) As part of his or her course of studies at an institution of higher education in this state, the individual is present at any other location in this state, another state, a territory or possession of the United States, or the individual discontinues his or her studies at that location.
(2) An individual required to be registered under this act who is a resident of this state shall report his or her status in person to the registering authority having jurisdiction where his or her new residence or domicile is located if any of the events described under subsection (1) occur.
(3) The report required under subsections (1) and (2) shall be made as follows:
(a) For an individual registered under this act before October 1, 2002 who is required to make his or her first report under subsections (1) and (2), not later than January 15, 2003.
(b) Immediately after he or she enrolls or discontinues his or her enrollment as a student on that campus including study in this state or another state, a territory or possession of the United States, or another country.
(4) The additional registration reports required under this section shall be made in the time periods described in section 5a(2)(a) to (c) for reports under that section.
(5) The local law enforcement agency, sheriff’s department, or department post to which an individual reports under this section shall require the individual to pay the registration fee required under section 5a or section 7(1) and to present written documentation of employment status, contractual relationship, volunteer status, or student status. Written documentation under this subsection may include, but need not be limited to, any of the following:
(a) A W-2 form, pay stub, or written statement by an employer.
(b) A contract.
(c) A student identification card or student transcript.
(6) This section does not apply to an individual whose enrollment and participation at an institution of higher education is solely through the mail or the internet from a remote location.
Sec. 5. (1) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately after any of the following occur:
(a) The individual changes or vacates his or her residence or domicile.
(b) The individual changes his or her place of employment, or employment is discontinued.
(c) The individual enrolls as a student with an institution of higher education, or enrollment is discontinued.
(d) The individual changes his or her name.
(e) The individual intends to temporarily reside at any place other than his or her residence for more than 7 days.
(f) The individual establishes any electronic mail or instant message address, or any other designations used in internet communications or postings.
(g) The individual purchases or begins to regularly operate any vehicle, and when ownership or operation of the vehicle is discontinued.
(h) Any change required to be reported under section 4a.
(2) An individual required to be registered under this act who is not a resident of this state but has his or her place of employment in this state shall report in person and notify the registering authority having jurisdiction where his or her place of employment is located or the department post of the individual’s place of employment immediately after the individual changes his or her place of employment or employment is discontinued.
(3) If an individual who is incarcerated in a state correctional facility and is required to be registered under this act is granted parole or is due to be released upon completion of his or her maximum sentence, the department of corrections, before releasing the individual, shall provide notice of the location of the individual’s proposed place of residence or domicile to the department of state police.
(4) If an individual who is incarcerated in a county jail and is required to be registered under this act is due to be released from custody, the sheriff’s department, before releasing the individual, shall provide notice of the location of the individual’s proposed place of residence or domicile to the department of state police.
(5) Immediately after either of the following occurs, the department of corrections shall notify the local law enforcement agency or sheriff’s department having jurisdiction over the area to which the individual is transferred or the department post of the transferred residence or domicile of an individual required to be registered under this act:
(a) The individual is transferred to a community residential program.
(b) The individual is transferred into a level 1 correctional facility of any kind, including a correctional camp or work camp.
(6) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately before he or she changes his or her domicile or residence to another state. The individual shall indicate the new state and, if known, the new address. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state.
(7) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located not later than 21 days before he or she changes his or her domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her new domicile or residence or place of stay, if known. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority.
(8) If the probation or parole of an individual required to be registered under this act is transferred to another state or an individual required to be registered under this act is transferred from a state correctional facility to any correctional facility or probation or parole in another state, the department of corrections shall promptly notify the department and the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. The department shall update the registration and compilation databases.
(9) An individual registered under this act shall comply with the verification procedures and proof of residence procedures prescribed in sections 4a and 5a.
(10) Except as otherwise provided in this section and section 8c, a tier I offender shall comply with this section for 15 years.
(11) Except as otherwise provided in this section and section 8c, a tier II offender shall comply with this section for 25 years.
(12) Except as otherwise provided in this section and section 8c, a tier III offender shall comply with this section for life.
(13) The registration periods under this section exclude any period of incarceration for committing a crime and any period of civil commitment.
(14) For an individual who was previously convicted of a listed offense for which he or she was not required to register under this act but who is convicted of any felony on or after July 1, 2011, any period of time that he or she was not incarcerated for that listed offense or that other felony and was not civilly committed counts toward satisfying the registration period for that listed offense as described in this section. If those periods equal or exceed the registration period described in this section, the individual has satisfied his or her registration period for the listed offense and is not required to register under this act. If those periods are less than the registration period described in this section for that listed offense, the individual shall comply with this section for the period of time remaining.
Sec. 5a. (1) Not later than July 1, 2011, the department shall mail a notice to each individual registered under this act who is not in a state correctional facility explaining the individual’s duties under this act as amended.
(2) Upon the release of an individual registered under this act who is in a state correctional facility, the department of corrections shall provide written notice to that individual explaining his or her duties under this section and this act as amended and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (6) or section 7(1). The individual shall sign and date the notice. The department of corrections shall maintain a copy of the signed and dated notice in the individual’s file. The department of corrections shall forward the original notice to the department immediately, regardless of whether the individual signs it.
(3) An individual required to be registered under this act who is not incarcerated shall report in person to the registering authority where he or she is domiciled or resides for verification of domicile or residence as follows:
(a) A tier I offender shall report not earlier than January 1 or later than January 15 of each year after the initial verification or registration.
(b) A tier II offender shall report not earlier than the first day or later than the fifteenth day of each January and July after the initial verification or registration.
(c) A tier III offender shall report not earlier than the first day or later than the fifteenth day of each April, July, October, and January after the initial verification or registration.
(4) When an individual reports under subsection (3), the individual shall review all registration information for accuracy.
(5) When an individual reports under subsection (3), an officer or authorized employee of the registering authority shall verify the individual’s residence or domicile and any information required to be reported under section 4a. The officer or authorized employee shall also determine whether the individual’s photograph required under this act matches the appearance of the individual sufficiently to properly identify him or her from that photograph. If not, the officer or authorized employee shall require the individual to immediately obtain a current photograph under this section. When all of the verification information has been provided, the officer or authorized employee shall review that information with the individual and make any corrections, additions, or deletions the officer or authorized employee determines are necessary based on the review. The officer or authorized employee shall sign and date a verification receipt. The officer or authorized employee shall give a copy of the signed receipt showing the date of verification to the individual. The officer or authorized employee shall forward verification information to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under section 8 as necessary and shall indicate verification in the public internet website maintained under section 8(2).
(6) Except as otherwise provided in section 5b, beginning October 16, 2004, an individual who reports as prescribed under subsection (3) and who has not already paid the fee prescribed under section 7(1) shall pay a $50.00 registration fee. An individual shall only be required to pay a fee once under this subsection.
(7) An individual required to be registered under this act shall maintain either a valid operator’s or chauffeur’s license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, with the individual’s current address. The license or card may be used as proof of domicile or residence under this section. In addition, the officer or authorized employee may require the individual to produce another document bearing his or her name and address, including, but not limited to, voter registration or a utility or other bill. The department may specify other satisfactory proof of domicile or residence.
(8) An individual registered under this act who is incarcerated shall report to the secretary of state under this subsection immediately after he or she is released to have his or her digitalized photograph taken. The individual is not required to report under this subsection if he or she had a digitized photograph taken for an operator’s or chauffeur’s license or official state personal identification card before January 1, 2000, or within 2 years before he or she is released unless his or her appearance has changed from the date of that photograph. Unless the person is a nonresident, the photograph shall be used on the individual’s operator’s or chauffeur’s license or official state personal identification card. The individual shall have a new photograph taken when he or she renews the license or identification card as provided by law, or as otherwise provided in this act. The secretary of state shall make the digitized photograph available to the department for a registration under this act.
(9) If an individual does not report under this section or under section 4a, the department shall notify all registering authorities as provided in section 8a and initiate enforcement action as set forth in that section.
(10) The department shall prescribe the form for the notices and verification procedures required under this section.
(11) Subsection (1) applies beginning on the effective date of the amendatory act that added this subsection. Subsections (2) through (10) apply beginning July 1, 2011.
Sec. 5b. (1) Of the money collected by a court, local law enforcement agency, sheriff’s department, or department post from each registration fee prescribed under this act, $30.00 shall be forwarded to the department, which shall deposit the money in the sex offenders registration fund created under subsection (2), and $20.00 shall be retained by the court, local law enforcement agency, sheriff’s department, or department post.
(2) The sex offenders registration fund is created as a separate fund in the department of treasury. The state treasurer shall credit the money received from the payment of the registration fee prescribed under this act to the sex offenders registration fund. Money credited to the fund shall only be used by the department for training concerning, and the maintenance and automation of, the law enforcement database, public internet website, information required under section 8, or notification and offender registration duties under section 4a. Money in the sex offenders registration fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(3) If an individual required to pay a registration fee under this act is indigent, the registration fee shall be waived for a period of 90 days. The burden is on the individual claiming indigence to prove the fact of indigence to the satisfaction of the local law enforcement agency, sheriff’s department, or department post where the individual is reporting.
(4) Payment of the registration fee prescribed under this act shall be made in the form and by means prescribed by the department. Upon payment of the registration fee prescribed under this act, the officer or employee shall forward verification of the payment to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under section 8 as necessary and shall indicate verification of payment in the law enforcement database under section 8(1).
Enacting section 1. Section 5a of the sex offenders registration act, 1994 PA 295, MCL 28.725a, as amended by this amendatory act, takes immediate effect.
Enacting section 2. Sections 2, 3, 4, 4a, 5, and 5b of the sex offenders registration act, 1994 PA 295, MCL 28.722, 28.723, 28.724, 28.724a, 28.725, and 28.725b, as amended by this amendatory act, take effect July 1, 2011.
Enacting section 3. This amendatory act does not take effect unless Senate Bill No. 189 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
