SOR Legal Updates 2006 141962 7

Information about SOR Legal Updates 2006 141962 7

Published on August 11, 2007

Author: WoodRock

Source: authorstream.com

Content

Slide1:  Michigan Sex Offender Registration Legal Updates January 1, 2006 Slide2:  Michigan State Police Criminal Justice Information Center ATTN: MSP SOR Unit 7150 Harris Drive Lansing MI 48913 TX (517) 322-4939 (517) 322-4938 (517)322-5098 FAX (517) 322-4957 (517) 322-5232 Slide3:  Charlotte A. Kilvington MSP Sex Offender Registration Senior Analyst [email protected] Karen M. Johnson MSP Sex Offender Registration Analyst [email protected] Melissa A. Marinoff MSP Sex Offender Registration Technician [email protected] Slide4:  Public Act 295 of 1994 Michigan Sex Offender Registration Act CHANGES effective January 1, 2006 Slide5:  Offenders have ten days to update their address with law enforcement if the offender changes residence or VACATES residence effective January 1, 2006. Changing address is moving from one residence to another residence Vacating address is moving out of a residence Failure to update address with law enforcement within ten days of changing or vacating residence is a FELONY offense. CHANGE OF ADDRESS Slide6:  Penalties for failure to verify address either annually or quarterly for registered sex offenders have been increased effective January 1, 2006. No prior conviction 93-day misdemeanor and/or $1000 fine One prior conviction One-year misdemeanor and/or $2000 fine Two or more prior Four-year felony and/or $2500 fine convictions New Penalties for Failure to Verify Address Slide7:  REMINDER Address Verifications Convicted of Misdemeanor listed offenses (DOES NOT INCLUDE CRIMINAL SEXUAL CONDUCT FOURTH DEGREE) January 1-15 in person Current Michigan Operator’s License or Personal ID card Address must be correct and include apartment number, lot number, or room number if applicable. NO PO Box addresses Incarcerated offenders are excused until release Slide8:  REMINDER Address Verifications Convicted of Felony listed offenses (INCLUDES CRIMINAL SEXUAL CONDUCT FOURTH DEGREE) January 1-15, April 1-15, July 1-15, October 1-15 in person Current Michigan Operator’s License or Personal ID card Address must be correct and include apartment number, lot number, or room number if applicable. NO PO Box addresses Incarcerated offenders are excused until released Slide9:  New Definitions for Student Safety Zones Loiter: to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors. Minor: an individual less than 18 years of age Slide10:  School Property: A building, facility, structure, or real property owned, leased, or otherwise controlled by a school, other than a building, facility, structure, or real property that is no longer in use on a permanent or continuous basis to which either of the following applies: Used to impart educational instruction For use by students not more than 19 years of age for sports or other recreational activities. New Definitions for Student Safety Zones Slide11:  New Definitions for Student Safety Zones School: public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade 1 through 12. School does not include home school. Student Safety Zone: the area that lies 1,000 feet or less from school property. Slide12:  Working or Loitering in Student Safety Zones and Penalties Registered sex offenders may not work or loiter within a student safety zone effective January 1, 2006. There are some exceptions that do apply to the new mandate. Slide13:  Working or Loitering in Student Safety Zones and Penalties DOES NOT APPLY to offenders already working within a student safety zone prior to January 1, 2006. DOES NOT APPLY if the school is relocated or initially established within 1,000 feet of offender’s place of employment after January 1, 2006. DOES NOT APPLY to offenders who sporadically or intermittently enter a student safety zone for the purpose of work before or after January 1, 2006. HOWEVER, offenders may not initiate or maintain contact with minors in the safety zone. Slide14:  Working or Loitering in Student Safety Zones and Penalties DOES NOT APPLY to offenders who have successfully completed their probation from the Holmes Youthful Trainee Status (HYTA) and have been discharged from HYTA. DOES NOT APPLY to offenders convicted of MCL 750.520E1A-A Criminal Sexual Conduct Fourth Degree who at the time of the offense was 17 years of age or older but less than 21 years of age AND who is not more than five years older than the victim. Slide15:  DOES NOT APPLY to offenders who adjudicated as juveniles under MCL 750.520B1A, 750.520C1A, or 750.520D1A OR charged with any of the above, but pled to MCL 750.520G AND EITHER of the following apply: Offender was under age 13 when the offense was committed AND is no more than five years older than the victim. Offender was 13 years or older but less than 17 years of age when the offense was committed AND is no more than three years older than the victim. Working or Loitering in Student Safety Zones and Penalties Slide16:  ALL REGISTERED SEX OFFENDERS CONVICTED PRIOR TO JANUARY 1, 2006, AND still work or loiter within a student safety zone: MAY NOT initiate or maintain contact with minors in the safety zone if they are one of the listed exceptions to the new law. Slide17:  Working or Loitering in Student Safety Zones and Penalties Penalties for working or loitering in a safety zone: First Violation One-year misdemeanor and/or $1000 fine Second Violation Two-year felony and/or $2000 fine Slide18:  Residing in School Safety Zones and Penalties Registered sex offenders may not reside in a student safety zone effective January 1, 2006. There are some exceptions that do apply to the new mandate. Slide19:  Residing in School Safety Zones and Penalties DOES NOT APPLY to offenders already residing within a student safety zone prior to January 1, 2006. DOES NOT APPLY to offenders who are patients in a hospital or hospice located in a safety zone. DOES NOT APPLY to offenders who are inmates of prisons or jails, juvenile facilities, or other correctional facilities or is a patient of a mental health facility under an order of commitment Slide20:  Residing in School Safety Zones and Penalties NEWLY CONVICTED SEX OFFENDERS after January 1, 2006 shall change their residence to location outside the safety zone within 90-days after they are sentenced. HOWEVER, offenders may not initiate or maintain contact with minors in the safety zone during the 90-day transition. Slide21:  Residing in School Safety Zones and Penalties DOES NOT APPLY to offenders who have successfully completed their probation from the Holmes Youthful Trainee Status (HYTA) and have been discharged from HYTA. DOES NOT APPLY to offenders convicted of MCL 750.520E1A-A Criminal Sexual Conduct Fourth Degree who at the time of the offense was 17 years of age or older but less than 21 years of age AND who is not more than five years older than the victim. Slide22:  DOES NOT APPLY to offenders who adjudicated as juveniles under MCL 750.520B1A, 750.520C1A, or 750.520D1A OR charged with any of the above, but pled to MCL 750.520G AND EITHER of the following apply: Offender was under age 13 when the offense was committed AND is no more than five years older than the victim. Offender was 13 years or older but less than 17 years of age when the offense was committed AND is no more than three years older than the victim. Residing in School Safety Zones and Penalties Slide23:  Residing in School Safety Zones and Penalties DOES NOT APPLY to offenders not more than 19 years of age AND attends a secondary or post-secondary school AND resides with parents or guardians. DOES NOT APPLY to offenders not more than 26 years old AND Attends a special education program AND resides with parents or guardians OR resides in an assisted living or group home. Slide24:  ALL REGISTERED SEX OFFENDERS CONVICTED PRIOR TO JANUARY 1, 2006, AND still reside within a student safety zone: MAY NOT initiate or maintain contact with minors in the safety zone if they are one of the listed exceptions to the new law. Slide25:  Residing in School Safety Zones and Penalties Penalties: First Violation One-year misdemeanor and/or $1000 fine Second Violation Two-year felony and/or $2000 fine Slide26:  If an offender is convicted of more than one listed offense, he may be ineligible for the exemptions listed under Section 28.736. You should contact your local prosecutor for assistance. Slide27:  Test your knowledge of the new legal updates effective January 1, 2006 Michigan SOR Slide28:  ANSWERS ARE IN RED Slide29:  1. What is the length of time a registered sex offender has to update his address if it changes? A. Three days B. Five days C. Ten days D. One month 2. What is the length of time a registered sex offender has to notify law enforcement if he vacates his residence? Three days Five days Ten days One month Slide30:  3. Failure to change address is a: 90-day misdemeanor 93-day misdemeanor Felony Mandated sex offender registration training 4. How many times a year must a registered sex offender convicted of MCL 750.520E Criminal Sexual Conduct Fourth Degree, and/or attempt or conspiracy, verify his address? Never Annually Quarterly Only on his birthday Slide31:  Offenders who verify their address may do so where? Via fax Via email Via postcard only at MSP At their local police department, Sheriff’s Department, or nearest State Police Post in person. 6. An offender has no prior convictions for failure to verify. He misses one verification period in October 2005. What is the penalty? 90-day misdemeanor 93-day misdemeanor Two-year high court misdemeanor 4-year felony Slide32:  An offender has one prior conviction for failure to verify. He misses another verification period after January 1, 2006. What is the penalty? A. 90-day misdemeanor B. 93-day misdemeanor C. One-year misdemeanor D. 4-year felony An offender has two prior convictions for failure to verify. He misses another verification period after January 1, 2006. What is the penalty? A. 90-day misdemeanor B. 93-day misdemeanor C. One-year misdemeanor D. 4-year felony Slide33:  An offender has no prior convictions for failure to verify. He has signed a DD-4A 'Explanation of Duties to Register as a Sex Offender'. He is required to verify quarterly. He has not verified for two years. Today is November 30, 2005. How many counts can he be charged with and what is the penalty? A. One count as a 93-day misdemeanor B. One count as a 4-year felony C. Eight counts as a 93-day misdemeanor for each count Nothing as he said he forgot he had to check in quarterly. A student safety zone is defined as: A. the area that lies within 500 feet of school property B. the area that lies within one mile of school property C. the area that lies within walking distance of school property D. the area that lies within 1,000 feet of school property Slide34:  A minor is defined as: A. an individual less than 18 years of age B. an individual 18 years old or younger an individual who does not have a driver’s license an individual over the age of 18 Choose the following area that would qualify as a student safety zone: A. the local mall B. the local gas station C. hospital D. High School football stadium and field Slide35:  Choose the following area that WOULD NOT qualify as a student safety zone: A. Elementary school playground B. School library C. Local mall Middle school soccer field A sex offender convicted of more than one listed offense does not qualify for any of the student safety zone exemptions unless they fall under one of the specific exemptions under 28.734 or 28.735. True or False 15. A sex offender who is currently living across the street from the High School on December 9, 2005, is required to move from that residence by January 1, 2006. True or False Slide36:  A sex offender can get employment as a middle school basketball coach in February 2006 as long as he is in therapy. True or False All juveniles are exempt from student safety zone mandates. True or False Offenders convicted after January 1, 2006 can live within a student safety zone are required to find new housing within 90-days of sentencing. True or False Offenders who are living within 1,000 feet of school property who are registered prior to January 1, 2006 may still continue to live in the safety zone and may continue to talk with the 8-years olds at the school playground. True or False An offender is 24 years old and attends the Special Education program at the local intermediate school district. He is living at an assisted living group home for disable adults. After January 1, 2006, he is no longer able to attend that particular school due to the law change. True or False Slide37:  Thank You

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