In 2004, the Michigan Legislature
passed and later amended in 2011 MCL 28.728c, known as the “Romeo and Juliet
Law” which gives certain sex offenders the opportunity to petition the court to
no longer be required to register under the Sex Offender Registration Act.
(SORA). This law gave hope to some destined to be forever publicly labeled as a
sex offender for many years or in some cases, the rest of their lives. This is
a discussion on who meets the criteria to petition the court to discontinue
registering and how the process works. You either have to register as a Tier I,
II, or III Offender. They each have different circumstances they can petition.
A. WHO IS ELIGIBLE
TIER I OFFENDERS
You must meet all of the
following:
·
At least 10 or more years
have passed since the date of your conviction or from your release from jail or
prison, whichever occurred last
·
You have not been convicted
of any felonies or a listed offense since the date of conviction
·
You have successfully
completed any assigned periods of supervised release, probation, or parole
without revocation
·
You have successfully
completed a sex offender treatment program certified by the United States
Attorney General or any other appropriate treatment program. Note: the Court
may waive this requirement if such a program was not a condition of your
release from confinement, probation, or parole
TIER III OFFENDERS
You must meet all of the
following:
·
You were required to
register based on an order of disposition under the probate code
·
At least 25 years have
passed since the date of adjudication for the listed offense or since your
release from jail or prison, whichever occurred last
·
You have not been convicted
of any felonies or a listed offense since the date of conviction
·
You have successfully
completed a sex offender treatment program certified by the United States
Attorney General or any other appropriate treatment program. Note: the Court
may waive this requirement if such a program was not a condition of your
release from confinement, probation, or parole
TIER I, II, OR III OFFENDERS
If the act was consensual and if
you fall into any of these categories:
a.
All of the following apply
·
The victim was between the
ages of 13 and 16 at the time of the offense
·
The petitioner is no more
than four years older than the victim
b.
All of the following apply:
·
The victim was between the
ages of 13 and 16 at the time of the offense
·
The petitioner is no more
than four years older than the victim
·
Petitioner was convicted of
violating MCL 750.158 (Crime Against Nature or Sodomy), MCL 750.338 (Gross
Indecency Between Males), MCL 750.338a (Gross Indecency Between Females), or
MCL 750.338b (Gross Indecency Between Males and Females)
c.
All of the following
apply:
·
The victim was 16 years of
age or older at the time of the offense
·
The victim was not under
custodial authority of the petitioner at the time of the offense
·
Petitioner was convicted of
violating MCL 750.158 (Crime Against Nature or Sodomy), MCL 750.338 (Gross
Indecency Between Males), MCL 750.338a (Gross Indecency Between Females), MCL
750.338b (Gross Indecency Between Males and Females), or MCL 750.520c (Criminal
Sexual Conduct in the 2nd degree)
d.
Both apply:
·
Petitioner was adjudicated
as a juvenile
·
Petitioner was less than 14
years old at the time of the offense
B. HOW THE PROCESS WORKS
Now that you have determined that
you are eligible to petition the Court, what are the next steps you take? Here
it is in a nutshell.
1. Draft and File the Petition
You will need to draft and file a petitioner, or a
motion, with the Court where you were convicted citing the reasons why you are
eligible and why the Court should grant your petition. You will need to serve a
copy of this petition to the county prosecutor.
2. Get a Hearing Date
You will need to get a hearing date from the judge's
clerk for a day and time in which the judge will
orally hear your motion. You will need to serve a copy of this Notice of
Hearing on the prosecutor as well so
they know when to be there.
3. Proof of Service
You
will need to file a Proof of Service to the Court clerk stating that you have
served a copy of your petition and notice
of hearing upon the prosecutor.
4.
Notifying the Victim
The victim has to be notified of
the petition and hearing and has a right to be there. It is the responsibility
of the prosecutor to find and contact the victim, not your's. If you know the
victim would not object to your petition or could testimony that the act was
consensual, feel free to give the prosecutor their contact information if you
have it and you know the prosecutor doesn't.
C. THE HEARING
This is the court date when the
judge will orally hear argument and maybe testimony on your written petition.
The prosecutor can object if they want to and if they believe you do not fit
the eligibility criteria or are likely to still be a threat and thus complying
with SORA is in the public's best interest. The victim may be there and can
testify and you can present testimony to the judge as well. Hopefully the judge
grants your petition and you will not longer be required to register under
SORA. It is a good idea to have an order prepared for the judge to sign to
bring to the hearing with you.
DO I NEED A LAWYER?
While it is not required to hire
an attorney to file this or any other motion, it is always a good idea.
Preparing and filing motions correctly can be cumbersome and it is always
better to have someone professional and experienced do it for you. At least
that way you don't have to worry if it is being done correctly. You certainly
want to have a lawyer if the prosecutor has indicated that they will be
objecting to your petition. The stakes are too high to risk going at it alone.
If you are a registered sex offender then you already know how much that
affects your life, especially in terms of obtaining housing and employment, not
to mention public scorn. An experienced attorney will always be a good
investment. Good luck.
