Michigan Court Orders Removal of Non-Sexual Offenders from Sex Offender Registry

In a landmark ruling, the Michigan Supreme Court declared the state's practice of placing individuals on the sex offender registry for nonsexual crimes unconstitutional. The court's 5-2 decision on Monday found that a provision of a 2021 law constituted "cruel or unusual punishment," violating the Michigan Constitution. The case stemmed from a 2015 conviction of a Wayne County man who unlawfully imprisoned his wife and children at gunpoint, which would have subjected him to 15 years on the sex offender registry due to the involvement of minors. Chief Justice Elizabeth Clement emphasized that while the man's actions were severe, they lacked any sexual component, and there was no evidence suggesting he posed a future risk of sexual offenses. She criticized the Sex Offender Registration Act (SORA) for treating individuals like him as if they had committed sexual crimes, despite their actual offenses being nonsexual in nature. The American Civil Liberties Union of Michigan estimates that around 300 individuals are currently on the registry for similar nonsexual offenses. In dissent, Justice Brian Zahra defended the law, arguing that it serves a public safety function and is not punitive. He highlighted the importance of the registry for families in making informed decisions about their children's safety, such as choosing babysitters or coaches. Zahra, joined by Justice David Viviano, contended that the majority opinion overlooked the practical benefits of the registry for community protection.