sex offender registry

Michigan Supreme Court hearing sex offender registry case

Oct 11, 2017

The Michigan Supreme Court is hearing arguments in the case of a man who was placed on the sex offender registry for touching a girl's breasts, even though his case was dismissed in 1997 after successful probation and community service. Boban Temelkoski wants to be erased from the registry. He says he's been punished for decades by lawmakers because his non-conviction has been treated as a conviction.

Courthouse
Tim Evanson via Wikimedia | CC BY 3.0 / wikimedia.org

The Supreme Court has upheld a lower court's ruling that said significant changes to Michigan's sex offender registry law could not be applied retroactively.

Michigan asked the high court to take up the issue after a 2016 federal appeals court ruling, but the Supreme Court declined in an order Monday.

The appeals court said that retroactively applying the changes to people already on the list would unconstitutionally increase punishments after offenders' convictions.

Courthouse
Tim Evanson via Wikimedia | CC BY 3.0 / wikimedia.org

The attorney general's office is asking a federal appeals court to reopen a dispute over Michigan's sex-offender registry.

The court recently said Michigan is illegally treating many sex offenders as "moral lepers" by putting additional restrictions on them long after their convictions.

But in a new filing, the state says the court overlooked a key decision from 2007 that should have led to a different result.

It's a case about electronic monitoring of sex offenders in Tennessee, a retroactive policy that was upheld by the court.

Sixth circuit

A federal appeals court took aim at Michigan’s sex offender registry law. The court ruled on a narrow legal issue, but suggested the law may be unconstitutional. 

The Sixth Circuit US Court of Appeals said changes to the law cannot be applied retroactively. That means restrictions could be lifted on hundreds of people on the registry.

But the court went further and said Michigan’s registry law isn’t working as intended and seems designed more to punish offenders than protect the public.

Miriam Aukerman is an attorney with the American Civil Liberties Union.

A bill advancing in the Legislature would update Michigan's sex offender registry and reporting requirements after a federal judge ruled that parts of the law are unconstitutional.

The Senate voted 37-1 Wednesday for legislation that revises the definitions of school property and student safety zones. The measure next goes to the House.

In March, Judge Robert Cleland struck down several sex offender provisions as too vague, including a requirement that offenders not live, work or loiter within 1,000 feet of school property.