House Introduced Bill 5796

HOUSE BILL No. 5796

May 16, 2000, Introduced by Rep. DeHart and referred to the Committee on Criminal Law and Corrections.

A bill to require persons convicted of certain offenses to

ments and agencies in connection with that registration; and to

prescribe penalties and sanctions.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. This act shall be known and may be cited as the

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"controlled substance offenders registration act".

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Sec. 2. As used in this act:

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(a) "Convicted" means 1 of the following:

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(i) Having a judgment of conviction or a probation order

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entered in any court having jurisdiction over criminal offenses,

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including but not limited to, a tribal court or a military

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court.

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(ii) Being assigned to youthful trainee status under

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sections 11 to 15 of chapter II of the code of criminal

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procedure, 1927 PA 175, MCL 762.12 to 762.15.

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(iii) Having an order of disposition entered under section

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18 of chapter XIIA of 1939 PA 288, MCL 712A.18, that is open to

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the general public under section 28 chapter XIIA of of 1939 PA

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288, MCL 712A.28.

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(iv) Having an order of disposition or other adjudication in

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a juvenile matter in another state or country.

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(b) "Department" means the department of state police.

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(c) "Local law enforcement agency" means the police depart-

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ment of a municipality.

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(d) "Listed controlled substance offense" means:

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(i) A violation of section 7401, 7402, 7403, 7404, or 7410

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of the public health code, 1978 PA 368, MCL 333.7401, 333.7402,

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333.7403, 333.7404, and 333.7410.

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(ii) An attempt or conspiracy to commit an offense described

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in subparagraph (i).

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(iii) An offense substantially similar to an offense

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described in subparagraph (i) under a law of the United States,

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any state, or any country or under tribal or military law.

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(e) "Municipality" means a city, village, or township of

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this state.

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(f) "Residence", as used in this act, for registration and

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voting purposes means that place at which a person habitually

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sleeps, keeps his or her personal effects, and has a regular

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place of lodging. If a person has more than 1 residence, or if a

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wife has a residence separate from that of the husband, that

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place at which the person resides the greater part of the time

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shall be his or her official residence for the purposes of this

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act. This section shall not be construed to affect existing

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judicial interpretation of the term residence.

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(g) "Student" means an individual enrolled on a full- or

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part-time basis in a public or private educational institution,

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including but not limited to a secondary school, trade school,

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professional institution, or institution of higher education.

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Sec. 3. An individual who is convicted of a listed con-

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trolled substance offense after the effective date of this act,

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and who is domiciled or temporarily resides in this state for 14

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days or more, is required to be registered under this act.

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Sec. 4. (1) An individual convicted of a listed controlled

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substance offense in this state after the effective date of this

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act shall register before sentencing, entry of the order of dis-

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position, or assignment to youthful trainee status. The proba-

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tion officer or the family division of circuit court shall give

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the individual the registration form after the individual is con-

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victed, explain the duty to register, verify his or her address,

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and provide notice of address changes, and accept the completed

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registration for processing under section 6. The court shall not

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impose sentence, enter the order of disposition, or assign the

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individual to youthful trainee status until it determines that

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the individual's registration was forwarded to the department as

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required under section 6.

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(2) All of the following shall register with the local law

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enforcement agency, sheriff's department, or the department

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within 14 days after becoming domiciled or temporarily residing,

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working, or being a student in this state for the periods speci-

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fied in section 3(1):

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(a) An individual convicted in another state or country

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after the effective date of this act of a listed controlled sub-

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stance offense.

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(b) An individual required to be registered as a controlled

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substance offender in another state or country regardless of when

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the conviction was entered.

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Sec. 5. (1) Within 10 days after any of the following

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occur, an individual required to be registered under this act

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shall notify the local law enforcement agency or sheriff's

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department having jurisdiction where his or her new residence or

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domicile is located or the department of the individual's new

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residence or domicile:

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(a) The individual changes his or her residence, domicile,

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or place of work or education.

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(b) The individual is paroled.

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(c) Final release of the individual from the jurisdiction of

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the department of corrections.

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(2) Within 10 days after either of the following occurs, the

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department of corrections shall notify the local law enforcement

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agency or sheriff's department having jurisdiction over the area

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to which the individual is transferred or the department of the

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transferred residence or domicile of an individual required to be

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registered under this act:

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(a) The individual is transferred to a community residential

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program.

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(b) The individual is transferred into a minimum custody

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correctional facility of any kind, including a correctional camp

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or work camp.

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(3) An individual required to be registered under this act

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shall notify the department on a form prescribed by the depart-

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ment not later than 10 days before he or she changes his or her

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domicile or residence to another state. The individual shall

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indicate the new state and, if known, the new address. The

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department shall update the registration and compilation data-

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bases and promptly notify the appropriate law enforcement agency

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and any applicable offender registration authority in the new

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state.

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(4) If the probation or parole of an individual required to

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be registered under this act is transferred to another state or

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an individual required to be registered under this act is trans-

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ferred from a state correctional facility to any correctional

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facility or probation or parole in another state, the department

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of corrections shall promptly notify the department and the

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appropriate law enforcement agency and any applicable offender

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registration authority in the new state. The department shall

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update the registration and compilation databases.

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(5) An individual shall comply with this section for 25

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years after the date of initially registering or, if the

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individual is in a state correctional facility, for 10 years

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after release from the state correctional facility, whichever is

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longer.

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Sec. 6. (1) The officer, court, or agency registering an

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individual or receiving or accepting a registration under section

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4 or receiving notice under section 5(1) shall provide the indi-

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vidual with a copy of the registration or notification at the

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time of registration or notice.

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(2) The officer, court, or agency registering an individual

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or receiving or accepting a registration under section 4 or noti-

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fied of an address change under section 5(1) shall forward the

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registration or notification to the department by the law

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enforcement information network within 3 business days after reg-

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istration or notification.

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Sec. 7. (1) A registration under this act shall be made on

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a form provided by the department and shall be forwarded to the

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department in the format the department prescribes. A registra-

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tion shall contain all of the following:

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(a) The individual's name, social security number, date of

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birth, and address or expected address. An individual who is in

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a witness protection and relocation program is only required to

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use the name and identifying information reflecting his or her

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new identity in a registration under this act. The registration

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and compilation databases shall not contain any information iden-

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tifying the individual's prior identity or locale. The depart-

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ment shall request each individual to provide his or her date of

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birth if it is not included in the registration, and that

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individual shall comply with the request within 10 days.

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(b) A brief summary of the individual's convictions for

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listed controlled substance offenses regardless of when the con-

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viction occurred, including where the offense occurred and the

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original charge if the conviction was for a lesser offense.

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(c) A complete physical description of the individual.

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(d) A photograph of the individual.

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(e) The individual's fingerprints if not already on file

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with the department. The department shall forward a copy of the

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individual's fingerprints to the federal bureau of investigation

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if not already on file with that bureau.

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(2) The form used for registration or verification under

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this act shall contain a written statement that explains the duty

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of the individual being registered to provide notice of a change

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of address under section 5 and the procedures for providing that

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notice.

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(3) The individual shall sign a registration, notice, and

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verification. However, the registration, notice, or verification

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shall be forwarded to the department regardless of whether the

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individual signs it.

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(4) The officer, court, or an employee of the agency regis-

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tering the individual or receiving or accepting a registration

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under section 4 shall sign the registration form.

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(5) An individual shall not knowingly provide false or mis-

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leading information concerning a registration, notice, or

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verification.

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(6) The department shall prescribe the form for a

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notification required under section 5 and the format for forward-

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ing the notification to the department.

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(7) The department shall promptly provide registration,

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notice, and verification information to the federal bureau of

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investigation and to local law enforcement agencies and agencies

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of other states requiring the information, as provided by law.

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Sec. 8. (1) The department shall maintain a computerized

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data base of registrations and notices required under this act.

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(2) The department shall maintain a computerized data base

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separate from that described in subsection (1) to implement

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section 10(2) and (3). The data base shall consist of a compila-

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tion of individuals registered under this act, but except as pro-

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vided in this subsection, shall not include any individual regis-

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tered solely because he or she had 1 or more dispositions for a

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listed controlled substance offense entered under section 18 of

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chapter XIIA of the probate code of 1939, 1939 PA 288,

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MCL 712A.18, in a case that was not designated as a case in which

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the individual was to be tried in the same manner as an adult

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under section 2d of chapter XIIA of the probate code of 1939,

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1939 PA 288, MCL 712A.2d. The compilation of individuals shall

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be indexed numerically by zip code area. Within each zip code

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area, the compilation shall contain the name and aliases,

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address, physical description, and birth date of each individual

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registered under this act who is included in the compilation and

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who resides in that zip code area and any listed controlled

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substance offense of which the individual has been convicted.

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The department shall update the compilation with new

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registrations, deletions from registrations, and address changes

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at the same time those changes are made to the data base

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described in subsection (1). The department shall make the com-

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pilation available to each department post, local law enforcement

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agency, and sheriff's department by the law enforcement informa-

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tion network. Upon request by a department post, local law

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enforcement agency, or sheriff's department, the department shall

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provide to that post, agency, or sheriff's department the infor-

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mation from the compilation in printed form for the zip code

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areas located in whole or in part within the post's, agency's, or

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sheriff's department's jurisdiction. The department shall make

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the compilation or information from the compilation available to

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a department post, local law enforcement agency, sheriff's

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department, and the public by electronic, computerized, or other

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similar means accessible to the post, agency, or sheriff's

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department. The electronic, computerized, or other similar means

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shall provide for both a search by name and by zip code.

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(3) If a court determines that the public availability under

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section 10 of any information concerning individuals registered

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under this act, including names and aliases, addresses, physical

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descriptions, or dates of birth, violates the constitution of the

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United States or this state, the department shall revise the com-

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pilation in subsection (2) so that it does not contain that

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information.

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Sec. 9. (1) An individual required to be registered under

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this act who willfully violates this act is guilty of a felony

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punishable by imprisonment for not more than 4 years or a fine of

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not more than $2,000.00, or both.

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(2) The court shall revoke the probation of an individual

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placed on probation who willfully violates this act.

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(3) The parole board shall rescind the parole of an individ-

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ual released on parole who willfully violates this act.

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Sec. 10. (1) Except as provided in this act, a registration

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is confidential and shall not be open to inspection except for

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law enforcement purposes. The registration and all included

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materials and information are exempt from disclosure under sec-

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tion 13 of the freedom of information act, 1976 PA 442, MCL

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15.243.

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(2) A department post, local law enforcement agency, or

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sheriff's department shall make information from the compilation

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described in section 8(2) for the zip code areas located in whole

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or in part within the post's, agency's, or sheriff's department's

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jurisdiction available for public inspection during regular busi-

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ness hours. A department post, local law enforcement agency, or

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sheriff's department is not required to make a copy of the infor-

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mation for a member of the public.

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(3) The department may make information from the compilation

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described in section 8(2) available to the public through elec-

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tronic, computerized, or other accessible means.

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(4) Except as provided in this act, an individual other than

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the registrant who knows of a registration under this act and who

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divulges, uses, or publishes nonpublic information concerning the

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registration in violation of this act is guilty of a misdemeanor

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punishable by imprisonment for not more than 90 days or a fine of

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not more than $500.00, or both.

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(5) An individual whose registration is revealed in viola-

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tion of this act has a civil cause of action against the respon-

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sible party for treble damages.

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(6) Subsections (4) and (5) do not apply to the compilation

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described in section 8(2) or information from that compilation

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that is provided or made available under section 8(2) or under

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subsection (2) or (3).

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