Sec 1  : 28.721 Short title.

Sec 1a :28.721a Legislative declarations; determination; intent.

Sec 2  :28.722 Definitions.

Within MCL 28.722 are many definitions, one of them is known as the "Catch All Provision" which requires registration of certain cases that appear to be something other than a sex offense. See: MCL 28.722(e)(xi) Any other violation of a law of this state or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age. In 2003 the MSP asked the Attorney General to clarify this provision: See Their Letters (pgs 2-4)

Sec 3  :28.723 Individuals required to be registered.

Sec 4  :28.724 Registration; procedures.

Sec 4a :28.724a Status report to local law enforcement agency; requirements; reports; written documentation.

Sec 5  :28.725 Change of domicile or residence; notice requirements; release of incarcerated individual; notice to sheriff's department.

Sec 5a :28.725a Notice to registered individual; explanation of duties; reporting requirements.

(1) Not later than December 1, 2004, 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 section and this act as amended (DD-004A form)and the procedure for registration, notification, and verification and paying the registration fee prescribed under subsection (7) or section 7(1).

(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 (DD-004A form) and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (7) 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 within 30 days, regardless of whether the individual signs it.

(6) When an individual reports under subsection (3) or (4), an officer or authorized employee of the local law enforcement agency, sheriff's department, or department post shall verify the individual's residence or domicile and any information required to be reported under section 4a. The officer or authorized employee shall sign and date a verification form. (See NOTE) The officer shall give a copy of the signed form showing the date of verification to the individual. The officer or employee shall forward verification information to the department by the law enforcement information network in the manner the department prescribes. The department shall revise the databases maintained under section 8 as necessary and shall indicate verification in the compilation under section 8(2).

NOTE: Beginning with the January 2008 registration period, most registering agencies began using a computerized "Address Verification Offender Receipt" form. In lieu of that form they were providing, or should have provided, a copy of the DD-004 form to the registrant.

Sec 5b :28.725b Sex offenders registration fund; creation; disposition of money; use; lapse; claim of indigence; waiver of fee; payments.

Sec 5c :28.725c Fee collected by department of corrections; prohibition.

Sec 6  :28.726 Providing or forwarding copy of registration or notification.

(1) The officer, court, or agency registering an individual or receiving or accepting a registration (DD-004 form) under section 4 or receiving notice under section 5(1) shall provide the individual with a copy of the registration or notification at the time of registration or notice.

(2) The officer, court, or agency registering an individual or receiving or accepting a registration under section 4 or notified of an address change under section 5(1) shall forward the registration or notification to the department by the law enforcement information network within 3 business days after registration or notification.

Sec 7  :28.727 Registration form.

Sec 8  :28.728 Database; compilation; availability.

Repealed:28.728a, 28.728b: 28.728a, 28.728b Repealed. 2004, Act 240, Eff. Oct. 1, 2004.

Sec 8c :28.728c Individual convicted of violation described in subsection (15); petition; jurisdiction; limitations; oath; contents; false statement; filing copy with office of prosecution; notice; entry on database; hearing; rights of victim; factors in court determination; court order; individuals with right to petition.

Sec 8d :28.728d Court order granting petition.

Sec 9  :28.729 Registration required; violations; penalties.

Sec 10 :28.730 Confidentiality; exemption from disclosure; availability of information from compilation; violation as misdemeanor; penalty; civil cause of action; applicability of subsections (4) and (5) to compilation.

Sec 11 :28.731 Effective date.

Sec 12 :28.732 Conditional effective date.

Student Safety Zone Information Sec 33 :28.733 Definitions.

Sec 34 :28.734 Prohibited conduct; violation; penalty; exceptions; other violations; right to vote.

Sec 35 :28.735 Registered individual residing in student safety zone; prohibited conduct; violation; penalties; exceptions.

Sec 36 :28.736 Exemptions.

All of the Public Acts above formed the initial Sex Offender Registration Act
MCL Statutes: 28.721   28.722   28.723   28.724  28.725   28.726    28.727   28.728   28.729   28.730   28.731
Here is a PDF copy of the original Sex Offenders Registration Act (SORA), 1994 PA 295.
The copy was made from a paper version because the Michigan legislature website does not have one posted, yet.
• Requires registration and change of address for persons convicted of certainsexual offenses or who are under the supervision of the Michigan Department of Corrections for these offenses on or after Oct. 1, 1995, including juveniles.
• Requires that addresses be registered with local law enforcement.
• Sets a minimum registration of 25 years, and a lifetime registration for second or subsequent offenses.
• Sets a four-year felony for failure to comply with registration requirements.
• Makes information only available to law enforcement and exempt from Freedom of Information Act requests.
• Registrants ARE NOT required to sign the forms BUT registering officials ARE required to sign the forms.

MCL Statutes Amended: 28.726  28.727  28.728  28.730
• Makes the names on the registry available to the public via local law enforcement agencies (Paper lists).

MCL Statutes Amended: 28.722  28.723  28.724  28.725  28.727  28.728  28.729  28.730
MCL Statutes Added: 28.725a (Sec. 5a)  28.728a (Sec. 8a)  28.728b (Sec. 8b)
• Makes the Public Sex Offender Registry available on the Internet.
• Substantially Expands the offenses requiring registration on the list (Added a significant number of offenses).
• Added the definition for the terms "Residence" and "Student."

FROM MSP Summary 2006: • Requires offenders to register a current address for 25 years after conviction or a ten-year minimum measured from the date the person was released from prison and placed on parole, supervised release or probation, whichever is longer.

FROM STATUTE MCL 28.725(7): (7) Except as provided in subsections (8) and (9), an individual shall comply with this section for 25 years after the date of initially registering or, if the individual is in a state correctional facility, for 10 years after release from the state correctional facility, whichever is longer.

As folks can see the police give out incorrect information! Should folks find other errors please let us know..

• Requires sex offenders on the Michigan registry who move to another state to report their change of address to the Michigan State Police and to comply with the registration requirements of the new state of residency.
• Requires registrants to verify their addresses with local law enforcement four times per year if registered for one or more of the felony listed offenses, and one time per year if registered for one or more of the misdemeanor listed offenses.
• Changes form signing requirements: Now Registrants ARE required to sign the forms AND registering officials ARE also required to sign the forms.

MCL Statutes Amended: 28.722  28.725  28.725a  28.727  28.728  28.730
MCL Statutes Added: 28.721a (Sec. 1a)  28.724a (Sec. 4a)
• Added the definition for the term "Institution of Higher Education."
• Requires sex offenders to provide information to local law enforcement if the offender is working, volunteering or attending an institution of higher learning.
• Adds Legislative Intent: The legislature declares that the sex offenders registration act was enacted pursuant to the legislature's exercise of the police power of the state with the intent to better assist law enforcement officers and the people of this state in preventing and protecting against the commission of future criminal sexual acts by convicted sex offenders. The legislature has determined that a person who has been convicted of committing an offense covered by this act poses a potential serious menace and danger to the health, safety, morals, and welfare of the people, and particularly the children, of this state. The registration requirements of this act are intended to provide law enforcement and the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger.

MCL Statutes Amended: 28.724  28.724a  28.725a  28.727  28.729
MCL Statutes Added: 28.725b (Sec. 5b)  28.725c (Sec. 5c)
• Requires individuals convicted of an offense listed under the Sex Offenders Registration (SOR) Act to pay a one-time $35 registration fee.
• Makes refusing or failing to pay either fee a misdemeanor punishable by imprisonment for up to 90 days.
• Requires courts, local law enforcement agencies, sheriff’s departments, or Michigan State Police (MSP) posts to collect the fees.
• Creates the Sex Offender Registration Fund, maintained by MSP, to be used for training concerning registry and the maintenance and automation of the databases, compilation and information required under the SOR Act.
• Provides that money in the Sex Offender Registration Fund at the end of a fiscal year remain in the fund and not lapse into the General Fund.
• Requires the $35 registration fee be distributed in the following way: A) $25 to the Sex Offenders Registration Fund; B) $10 to the collecting agency

MCL Statutes Amended: 28.722  28.724  28.725  28.725a  28.728  28.730
MCL Statutes Added: 28.728c (Sec. 8c)  28.728d (Sec. 8d)
MCL Statutes Repealed: 28.728a (Sec. 8a)   28.728b (Sec. 8b)
• Makes changes to the Sex Offender Registration (SOR) Act registration requirements for juveniles, ages 13 to 16, and participants in the Holmes Youthful Trainee Act (HYTA), ages 17 to 21, convicted of certain sex offenses. (HYTA allows individuals ages 17 to 21, convicted of a criminal offense, to participate in a probation program. If they comply with the program, the conviction does not appear on their public criminal history.)
• Requires a person assigned to HYTA before Oct. 1, 2004, to comply with the sex offender registration requirements and remain on the sex offender registry. These individuals may petition the court for a reduced registration period of ten years. Persons assigned to HYTA after Oct. 1, 2004, are not required to be on the public sex offender registry.
• Makes juveniles, ages 13 to 16, convicted of certain sexual offenses remain on the non-public registry until his/her 18th birthday, unless ordered by the court to remain on the registry for a longer period.

MCL Statutes Amended: 28.728
• Requires the public sex offender registry to include the photograph of each individual registered under the Sex Offenders Registration Act.
• States the Michigan State Police may obtain photographs from the Secretary of State to fulfill this requirement.

MCL Statutes Added: 28.733   28.735   28.736
• Prohibits convicted sex offenders from residing within a student safety zone which is defined as the area that lies 1,000 feet or less from school property.
• Includes several exceptions such as offenders who worked or resided within a student safety zone before the effective date, offenders who are incarcerated at a facility within the zone, and offenders who are patients at a facility within the zone.

MCL Statutes Amended: 28.725
• Added the word "Vacates" to MCL 28.725.

MCL Statutes Amended: 28.733
MCL Statutes Added: 28.734
• Prohibits convicted sex offenders from working or loitering within a student safety zone which is defined as the area that lies 1,000 feet or less from school property.
• Includes several exceptions such as offenders who worked within the student safety zone prior to the effective date and offenders who intermittently or sporadically enter a zone for the purposes of work.

MCL Statutes Amended: 28.725  28.729
• Modifies the penalties for an offender who fails to verify their address either quarterly or annually as required from a 93-day misdemeanor to a graduated penalty.
A) For a first offense, the penalty remains a misdemeanor punishable by up to 93 days imprisonment and/or a fine of not more than $1,000; B) For a second offense, the penalty is a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $2,000; C) For a third offense or a subsequent violation, the penalty is a felony punishable by imprisonment for not more than four years and/or a fine of not more than $2,500.

MCL Statutes Amended: 28.722
• Adds offenses to the Act by redefining the term "Convicted"
• Redefined the terms "Municipality," "Residence," and "Student."

MCL Statutes Amended: 28.725a  28.734
• Prior to this Act 750.145A (Cutoff date 6-1-2002) -AND- 750.145(c)(4) (cutoff date 4-1-2003) used cutoff dates to determine whether registry law should treat them as a misdemeanor or felony (see DD-4 02-2003 backside). This Act effectively eliminated the cutoff dates so that those crimes are treated as felonies under registry law. The effect on those registrants is, they go from registering ONCE ANNUALLY in January, to, registering EVERY QUARTER in January April July and October.

Beyond that, this change seems to violate the ex post facto clause, in that the severity of the crime was changed by the legislature. Registrants affected are those whose crime was committed in Michigan, and those whose crimes were committed elsewhere and moved to Michigan and the registry equated their crimes to Michigan law. See: Caulder -v- Bull 3 U.S. 386 (1798), "I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action , done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2nd. Every law that aggravates a crime, or makes it greater than it was, when committed. 3rd. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender. "

This is the opinion of eAdvocate (not a lawyer). See a lawyer if you think the changes by 2005 PA 322 affected your specific circumstances negatively.

MCL Statutes Amended: 28.725
• Requires the Michigan Department of Corrections to provide a local law enforcement agency with the proposed residence of a registered offender prior to his/her release from prison.
• The Michigan Department of Corrections shall also notify a local law enforcement agency when a registered offender is transferred to a community residential program or transferred to a minimum custody correctional facility including work camps.
• As part of the Corrections Code (Public Act 403 of 2006), a registered offender is required to provide a proposed residence to the Michigan Department of Corrections prior to release from prison either for parole or at the completion of his/her maximum sentence.

MCL Statutes Amended: 28.730
• Requires the Michigan State Police to create a subscriber system that provides notification via E-mail whenever a registered sex offender moves into a designated zip code.