From the Sentencing Law & Policy Blog…Just Where Can Sex Offenders Go?

There may well be no more dedicated legal blogger than Professor Douglas Berman. He is the Sentencing Law & Policy Blog. He recently wrote:

I did not miss this notable new story from the state up north headlined “Sex offenders can be within 1,000 feet of schools after federal judge strikes down parts of law.  Here are the details:

A federal judge struck down some portions of Michigan’s Sex Offender Registry Act in a court decision handed down last week.  U.S. District Court Judge Robert Cleland issued a ruling March 31, striking down four portions of Michigan’s Sex Offender Registry Act, calling them unconstitutional.  The ruling came in a lawsuit filed by the American Civil Liberties Union on behalf of five John Does and one Jane Doe against Michigan Gov. Rick Snyder and Michigan State Police Director Col. Kriste Etue.

Cleland’s ruling stated the “geographic exclusion zones” in the Sex Offender Registry Act, such as student safety areas that stretch for 1,000 feet around schools, are unconstitutional, according to court documents.

The law is too vague on whether the 1,000 feet barrier should be as the crow flies or how people actually travel, and if it goes from building-to-building or property-line-to-property-line, Cleland said in his ruling.  “While a prescribed distance may appear concrete on its face, without adequate guidance about how to measure the distance, such provisions are susceptible to vagueness concerns,” he wrote.

Cleland also stated law enforcement doesn’t have strong enough guidelines to know how to measure the 1,000-foot exclusion zone around schools. Neither sex offenders or law enforcement have the tools or data to determine the zones, even if the guidelines on how to measure the zones were stronger, he said. “Accordingly, due to (the Sex Offender Registry Act’s) vagueness, registrants are forced to choose between limiting where the reside, work and loiter to a greater extent than is required by law or risk violating SORA,” he wrote.

Cleland struck down other portions of the law as well, but ruled in favor of the government on the rest of the lawsuit. Other portions of the law ruled unconstitutional were: a requirement to report in person to the “registering authority” when an offender begins to drive a vehicle regularly or begins to use a new e-mail or instant messaging address; a requirement for an offender to report all telephone numbers routinely used by an offender; a requirement to report all e-mail and instant messaging addresses; a requirement to report the license plate number, registration number and description of any motor vehicle, aircraft or vessel used by an offender….

The ruling drew an immediate reaction from State Sen. Rick Jones, R-Grand Ledge. In a statement released Tuesday morning, Jones, a former sheriff, said he plans to help rewrite the law to make up for the judge’s ruling. “I warn sex offenders to stay away from schools. This is one judge’s ruling, and the law will soon be changed to clarify it,” said Jones, the chair of the Senate Judiciary Committee. “I’m working to make sure there is no vagueness in Michigan’s Sex Offender Registry law. Child molesters must stay away from our schools. Law enforcement will be watching.”

The full ruling, which runs 70+ pages, is available at this link.

 

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