SEX OFFENDERS REGISTRATION ACT (EXCERPT)
Act 295 of 1994
***** 28.725a THIS SECTION IS AMENDED EFFECTIVE APRIL 1, 2014: See 28.725a.amended *****
28.725a Notice to registered individual; explanation of duties; reporting requirements; effective date of subsection (1); effective date of subsections (2) through (10).
(1) Not later than July 1, 2011, 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 act as amended.
(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 and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (6) 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 immediately, regardless of whether the individual signs it.
(3) An individual required to be registered under this act who is not incarcerated shall report in person to the registering authority where he or she is domiciled or resides for verification of domicile or residence as follows:
(a) A tier I offender shall report not earlier than January 1 or later than January 15 of each year after the initial verification or registration.
(b) A tier II offender shall report not earlier than the first day or later than the fifteenth day of each January and July after the initial verification or registration.
(c) A tier III offender shall report not earlier than the first day or later than the fifteenth day of each April, July, October, and January after the initial verification or registration.
(4) When an individual reports under subsection (3), the individual shall review all registration information for accuracy.
(5) When an individual reports under subsection (3), an officer or authorized employee of the registering authority shall verify the individual's residence or domicile and any information required to be reported under section 4a. The officer or authorized employee shall also determine whether the individual's photograph required under this act matches the appearance of the individual sufficiently to properly identify him or her from that photograph. If not, the officer or authorized employee shall require the individual to immediately obtain a current photograph under this section. When all of the verification information has been provided, the officer or authorized employee shall review that information with the individual and make any corrections, additions, or deletions the officer or authorized employee determines are necessary based on the review. The officer or authorized employee shall sign and date a verification receipt. The officer or authorized employee shall give a copy of the signed receipt showing the date of verification to the individual. The officer or authorized employee shall forward verification information to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under section 8 as necessary and shall indicate verification in the public internet website maintained under section 8(2).
(6) Except as otherwise provided in section 5b, beginning October 16, 2004, an individual who reports as prescribed under subsection (3) and who has not already paid the fee prescribed under section 7(1) shall pay a $50.00 registration fee. An individual shall only be required to pay a fee once under this subsection.
(7) An individual required to be registered under this act shall maintain either a valid operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, with the individual's current address. The license or card may be used as proof of domicile or residence under this section. In addition, the officer or authorized employee may require the individual to produce another document bearing his or her name and address, including, but not limited to, voter registration or a utility or other bill. The department may specify other satisfactory proof of domicile or residence.
(8) An individual registered under this act who is incarcerated shall report to the secretary of state under this subsection immediately after he or she is released to have his or her digitalized photograph taken. The individual is not required to report under this subsection if he or she had a digitized photograph taken for an operator's or chauffeur's license or official state personal identification card before January 1, 2000, or within 2 years before he or she is released unless his or her appearance has changed from the date of that photograph. Unless the person is a nonresident, the photograph shall be used on the individual's operator's or chauffeur's license or official state personal identification card. The individual shall have a new photograph taken when he or she renews the license or identification card as provided by law, or as otherwise provided in this act. The secretary of state shall make the digitized photograph available to the department for a registration under this act.
(9) If an individual does not report under this section or under section 4a, the department shall notify all registering authorities as provided in section 8a and initiate enforcement action as set forth in that section.
(10) The department shall prescribe the form for the notices and verification procedures required under this section.
(11) Subsection (1) applies beginning on the effective date of the amendatory act that added this subsection. Subsections (2) through (10) apply beginning July 1, 2011.
History: Add. 1999, Act 85, Eff. Sept. 1, 1999
Am. 2002, Act 542, Eff. Oct. 1, 2002
Am. 2004, Act 237, Eff. Oct. 16, 2004
Am. 2004, Act 240, Eff. Oct. 1, 2004
Am. 2005, Act 322, Eff. Jan. 1, 2006
Am. 2011, Act 17, Imd. Eff. Apr. 12, 2011
© 2009 Legislative Council, State of Michigan