SORA Update

Potential Sex Offender Registration Act Update

The Sex Offender Registration Act might be revised and updated to conform to mandates under the federal Sex Offenders Registration and Notification Act, part of the Adam Walsh Act. Specifically, the bill would split listed offenses into three Tiers. The three tiers would be divided into Tier 1, Tier 2, and Tier 3. Tier 1 would be for the least severe offenses. Unfortunately, The number system is inconsistent with most criminal offenses in Michigan and the United States, which are generally divided into degrees, with “1st” being the most serious. This will undoubtedly lead to some confusion and potential allegations of failure to register as a sex offender.

Updates to the Required Registration Period

Under the Sex Offender Registration Act (SORA) update and the proposed amendment, the required registration period would be 15 years for Tier 1 offenses, 25 years for Tier 2 offenses, and life for Tier 3 offenses.

Tier 1 registrants must report annually, Tier 2 registrants must report bi-annually, and lifetime registrants, Tier 3, must register quarterly (four (4) times per year).

In addition, some convictions based upon “consensual encounters” would be excluded from the requirement for registration. The Michigan Sentencing Guidelines would receive an amendment and reflect the change in the maximum sentence for failing to register or report as required. The new maximum sentence would be up to two (2) years in prison. (SB 188, 189, and 206).

SORA is complex. If you have questions regarding the Sex Offender Registration Act (SORA) Update, criminal sexual conduct charges, or any other matter, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. can sort things out for you, help you understand your rights, and if necessary, fight to protect and defend you in court.

More About Updates to the Sex Offender Registration Act

The Michigan Sex Offender Registration Act (SORA) has undergone significant updates that went into effect in 2023. These changes have introduced new elements to the registration and monitoring of sex offenders in the state, impacting both current registrants and future cases.

One significant development in the updated SORA is the implementation of a more nuanced tier classification system. This system categorizes convicted individuals into different tiers based on their perceived risk level, which is determined by factors such as the severity of their current offense, criminal history, and risk assessment scores. The new criteria mean that some offenders may see changes in their tier placement, potentially moving up or down a tier depending on their individual circumstances.

Another critical change involves updates to the registration requirements for sex offenders. These include new guidelines around the mandatory disclosure of online usernames and passwords registrants use across multiple platforms. Offenders with an active social media presence must also adhere to new reporting requirements as part of their regular check-ins with law enforcement officials. Additionally, the updates may introduce new rules regarding residency restrictions for certain tiers of offenders.

One of the more significant changes is the possibility of termination from the registry. Previously, those convicted under SORA had to remain registered until death, but the updates have introduced a provision for removal in certain cases. For example, if an individual was 14 years old at the time of the offense and the crime would not be considered a crime if committed today, they may be eligible for removal from the list upon application and after sufficient evaluation.

Furthermore, continued post-release supervision will be under the Michigan SORA Update 2023. Authorities will reassess the need for supervised release programs and may recommend early termination if deemed appropriate.

It’s essential for anyone affected by these changes, whether they are currently registered or may be subject to registration in the future, to stay informed and understand how these updates might impact them. The retroactive application of some aspects of the update could affect individuals convicted prior to its enactment, raising legal and ethical questions. This emphasizes the importance of consulting with an experienced criminal defense attorney to navigate these complexities, protect one’s rights, and avoid confusion that might lead to allegations of failure to register under SORA.

These updates to the Sex Offender Registration Act represent a significant shift in Michigan’s approach to handling sex offenders, aiming to enhance public safety and improve rehabilitation opportunities for offenders, while maintaining a transparent registry system. The changes reflect an effort to balance community safety with the rights and rehabilitation needs of offenders, indicating a move towards a more evidence-based and differentiated approach in dealing with sexual offenses.

For a detailed understanding of these changes and their implications, it is advisable to consult legal experts, such as the criminal sexual conduct defense attorneys with LEWIS & DICKSTEIN, P.L.L.C., and stay updated with the latest information regarding SORA.

Why hire the criminal sexual conduct defense attorneys with LEWIS & DICKSTEIN, P.L.L.C.?

Having an experienced criminal sexual conduct (CSC) defense attorney, like those at LEWIS & DICKSTEIN, P.L.L.C., Michigan’s Premier Criminal Defense Law Firm, is crucial when facing CSC charges due to the complexity and seriousness of these allegations. These attorneys bring a wealth of specialized knowledge and experience, essential in navigating the intricate legal procedures and nuances associated with sex crime cases. Their expertise includes a deep understanding of the law, the ability to challenge evidence, and the skills to negotiate with prosecutors. These lawyers are also adept at handling the sensitive nature of CSC cases, providing a level of support and confidentiality that is vital for clients during such stressful times. Moreover, experienced CSC defense attorneys are well-versed in exploring all possible defenses and are skilled in building a robust defense strategy that can greatly impact the outcome of a case. Given the potentially severe consequences of CSC charges, which can include long-term imprisonment, hefty fines, and a lifetime listing pursuant to the Sex Offender Registration Act, the role of a seasoned defense attorney cannot be overstated. They are instrumental in protecting the accused’s rights and striving for the most favorable outcome possible under the circumstances.

Michigan Criminal Defense Attorney

If you still have questions for a Michigan criminal defense attorney, feel free to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation and confidential case evaluation regarding criminal sexual conduct allegations or the Michigan Sex Offender Registration Act. We will take the time to talk with you, answer your questions, and address your concerns. Together, we will find a winning strategy. If you face criminal allegations or have concerns about the Sex Offender Registration Act update, we can help you!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.