SEX OFFENDERS REGISTRATION ACT
Act 295 of 1994
28.727 Registration information; format; fee; requirements; forwarding registration, notice, and verification information to Federal Bureau of Investigation, local agencies, and other registering jurisdictions.
Sec. 7.
(1) Registration information obtained under this act must be forwarded to the department in the format the department prescribes. Except as provided in section 5b(3), a $50.00 registration fee must accompany each original registration. All of the following information must be obtained or otherwise provided for registration purposes:
(a) The individual's legal name and any aliases, nicknames, ethnic or tribal names, or other names by which the individual is or has been known. An individual who is in a witness protection and relocation program is only required to use the name and identifying information reflecting his or her new identity in a registration under this act. The registration and compilation databases must not contain any information identifying the individual's prior identity or locale.
(b) The individual's Social Security number and any Social Security numbers or alleged Social Security numbers previously used by the individual.
(c) The individual's date of birth and any alleged dates of birth previously used by the individual.
(d) The address where the individual resides or will reside. If the individual does not have a residential address, information under this subsection must identify the location or area used or to be used by the individual in lieu of a residence or, if the individual is homeless, the village, city, or township where the person spends or will spend the majority of his or her time.
(e) The name and address of any place of temporary lodging used or to be used by the individual during any period in which the individual is away, or is expected to be away, from his or her residence for more than 7 days. Information under this subdivision must include the dates the lodging is used or to be used.
(f) The name and address of each of the individual's employers. For purposes of this subdivision, "employer" includes a contractor and any individual who has agreed to hire or contract with the individual for his or her services. Information under this subsection must include the address or location of employment if different from the address of the employer. If the individual lacks a fixed employment location, the information obtained under this subdivision must include the general areas where the individual works and the normal travel routes taken by the individual in the course of his or her employment.
(g) The name and address of any school being attended by the individual and any school that has accepted the individual as a student that he or she plans to attend. For purposes of this subdivision, "school" means a public or private postsecondary school or school of higher education, including a trade school.
(h) All telephone numbers registered to the individual or used by the individual, including, but not limited to, residential, work, and mobile telephone numbers.
(i) Except as otherwise provided in this subdivision, all electronic mail addresses and internet identifiers registered to or used by the individual. This subdivision applies only to an individual required to be registered under this act after July 1, 2011.
(j) The license plate number and description of any vehicle owned or operated by the individual.
(k) The individual's driver license number or state personal identification card number.
(l) A digital copy of the individual's passport and other immigration documents.
(m) The individual's occupational and professional licensing information, including any license that authorizes the individual to engage in any occupation, profession, trade, or business.
(n) A brief summary of the individual's convictions for listed offenses regardless of when the conviction occurred, including where the offense occurred and the original charge if the conviction was for a lesser offense.
(o) A complete physical description of the individual.
(p) The photograph required under section 5a.
(q) The individual's fingerprints if not already on file with the department and the individual's palm prints. An individual required to be registered under this act shall have his or her fingerprints or palm prints or both taken not later than September 12, 2011 if his or her fingerprints or palm prints are not already on file with the department. The department shall forward a copy of the individual's fingerprints and palm prints to the Federal Bureau of Investigation if not already on file with that bureau.
(r) Information that is required to be reported under section 4a.
(2) A registration must contain all of the following:
(a) An electronic copy of the offender's Michigan driver license or Michigan personal identification card, including the photograph required under this act.
(b) The text of the provision of law that defines the criminal offense for which the sex offender is registered.
(c) Any outstanding arrest warrant information.
(d) The individual's tier classification.
(e) An identifier that indicates whether a DNA sample has been collected and any resulting DNA profile has been entered into the federal combined DNA index system (CODIS).
(f) The individual's complete criminal history record, including the dates of all arrests and convictions.
(g) The individual's Michigan department of corrections number and status of parole, probation, or supervised release.
(h) The individual's Federal Bureau of Investigation number.
(3) The form used for notification of duties under this act must contain a written statement that explains the duty of the individual being registered to provide notice of changes in his or her registration information, the procedures for providing that notice, and the verification procedures under section 5a.
(4) The individual shall sign a registration and notice. However, the registration and notice must be forwarded to the department regardless of whether the individual signs it or pays the registration fee required under subsection (1).
(5) The officer, court, or an employee of the agency registering the individual or receiving or accepting a registration under section 4 shall sign the registration form.
(6) An individual shall not knowingly provide false or misleading information concerning a registration, notice, or verification.
(7) The department shall prescribe the form for a notification required under section 5 and the format for forwarding the notification to the department.
(8) The department shall promptly provide registration, notice, and verification information to the Federal Bureau of Investigation and to local law enforcement agencies, sheriff's departments, department posts, and other registering jurisdictions, as provided by law.
History: 1994, Act 295, Eff. Oct. 1, 1995 ;-- Am. 1996, Act 494, Eff. Apr. 1, 1997 ;-- Am. 1999, Act 85, Eff. Sept. 1, 1999 ;-- Am. 2002, Act 542, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 237, Eff. Oct. 16, 2004 ;-- Am. 2011, Act 18, Eff. July 1, 2011 ;-- Am. 2020, Act 295, Eff. Mar. 24, 2021
Notes of Decisions
People of Michigan v. Nicholas James Patton, 925 N.W.2d 901 (Mich. Ct. App. 2018).
· cites it 39× “Defendant was charged with violating the reporting requirements of SORA under MCL 28.727, which states, in pertinent part: *906 *432 (1) .”
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016).
· cites it 5× “Defendant’s convictions for failing to comply with SORA arise out of MCL 28.727(l)(h) and (i). These two provisions provide that defendant must report the following under SORA: (h) All telephone numbers registered to the individual or routinely used by the individual.”
People v. Dowdy, 802 N.W.2d 239 (Mich. 2011).
· cites it 14× “725a(4)(b), and (2) the notification requirement of MCL 28.725(1).”
Does v. Snyder, 101 F. Supp. 3d 672 (E.D. Mich. 2015).
· cites it 16× “” Mich. Comp. Laws § 28.727 (1)(h)-(j). Plaintiffs assert that the terms “routinely used,” “regularly operated,” and “habitually stored and kept” are vague and undefined.”
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
· cites it 2× “MCL 28.727(1); MSA 4.475(7)(1). In addition, a registration may contain the following additional information for a registrant: (1) blood type, (2) whether a dna identification profile is available for the individual, and (3) a recent photograph.”
Doe v. Snyder, 101 F. Supp. 3d 722 (E.D. Mich. 2015).
· cites it 9× “and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system,” Mich. Comp. Laws § 28.727 (1)®, to be applied retroactively.”
John Does 1-4 v. Snyder, 932 F. Supp. 2d 803 (E.D. Mich. 2013).
· cites it 3× “Plaintiffs identify §§ 28.727(l)(i) and 28.725(1)© as two provisions that require them to report information about their online accounts and activities.”
People v. Dowdy, 769 N.W.2d 648 (Mich. 2009).
· cites it 4× “In order to sustain any of the counts, the prosecution must demonstrate that, during the period alleged in the information, defendant had a residence or domicile as defined by the statute.”
People v. Tucker, 879 N.W.2d 906 (Mich. Ct. App. 2015).
“See MCL 28.727(l)(q). [14] 14 Under SORA, registrants must have a new photograph taken if “[t]he officer or authorized employee” determines that the registrant’s preexisting photograph does not “match [] the appearance of the individual sufficiently to properly identify him or…”
People of Michigan v. Nicholas James Patton (Mich. Ct. App. 2018).
· cites it 38× “727(1)(i) (requiring reporting “[a]ll electronic mail addresses and instant message addresses assigned to the individual or routinely used by the individual”), were unconstitutionally vague.”
Poe v. Snyder, 834 F. Supp. 2d 721 (W.D. Mich. 2011).
“§ 28.727(a) & (b). In addition to registering, an offender is required to periodically report to the local law enforcement agency “for verification of domicile or residence,” and to notify the local law enforcement agency within 10 days after the offender changes his or her…”
John Doe v. Snyder (E.D. Mich. 2020).
· cites it 17× “§ 28.727(1)(h); (e) the requirement to report “[a]ll electronic mail addresses and instant message addresses .”
— Mich. Comp. Laws § 28.727(1) — 6 cases
People v. Dowdy, 802 N.W.2d 239 (Mich. 2011).
“725a(4)(b), and (2) the notification requirement of MCL 28.725(1).”
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
“MCL 28.727(1); MSA 4.475(7)(1). In addition, a registration may contain the following additional information for a registrant: (1) blood type, (2) whether a dna identification profile is available for the individual, and (3) a recent photograph.”
People v. Dowdy, 769 N.W.2d 648 (Mich. 2009).
“In order to sustain any of the counts, the prosecution must demonstrate that, during the period alleged in the information, defendant had a residence or domicile as defined by the statute.”
Doe v. Snyder, 101 F. Supp. 3d 722 (E.D. Mich. 2015).
“and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system,” Mich. Comp. Laws § 28.727 (1)®, to be applied retroactively.”
— Mich. Comp. Laws § 28.727(1)(h) — 5 cases
People of Michigan v. Nicholas James Patton, 925 N.W.2d 901 (Mich. Ct. App. 2018).
“Defendant was charged with violating the reporting requirements of SORA under MCL 28.727, which states, in pertinent part: *906 *432 (1) .”
People of Michigan v. Nicholas James Patton (Mich. Ct. App. 2018).
“727(1)(i) (requiring reporting “[a]ll electronic mail addresses and instant message addresses assigned to the individual or routinely used by the individual”), were unconstitutionally vague.”
John Doe v. Snyder (E.D. Mich. 2020).
“§ 28.727(1)(h); (e) the requirement to report “[a]ll electronic mail addresses and instant message addresses .”
— Mich. Comp. Laws § 28.727(1)(i) — 12 cases
People of Michigan v. Nicholas James Patton, 925 N.W.2d 901 (Mich. Ct. App. 2018).
“Defendant was charged with violating the reporting requirements of SORA under MCL 28.727, which states, in pertinent part: *906 *432 (1) .”
Does v. Snyder, 101 F. Supp. 3d 672 (E.D. Mich. 2015).
“” Mich. Comp. Laws § 28.727 (1)(h)-(j). Plaintiffs assert that the terms “routinely used,” “regularly operated,” and “habitually stored and kept” are vague and undefined.”
Doe v. Snyder, 101 F. Supp. 3d 722 (E.D. Mich. 2015).
“and all login names or other identifiers used by the individual when using any electronic mail address or instant messaging system,” Mich. Comp. Laws § 28.727 (1)®, to be applied retroactively.”
— Mich. Comp. Laws § 28.727(1)(j) — 5 cases
John Doe v. Snyder (E.D. Mich. 2020).
“§ 28.727(1)(h); (e) the requirement to report “[a]ll electronic mail addresses and instant message addresses .”
— Mich. Comp. Laws § 28.727(1)(l) — 2 cases
John Doe v. Snyder (E.D. Mich. 2020).
“§ 28.727(1)(h); (e) the requirement to report “[a]ll electronic mail addresses and instant message addresses .”
— Mich. Comp. Laws § 28.727(1)(q) — 2 cases
— Mich. Comp. Laws § 28.727(2) — 3 cases
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
“MCL 28.727(1); MSA 4.475(7)(1). In addition, a registration may contain the following additional information for a registrant: (1) blood type, (2) whether a dna identification profile is available for the individual, and (3) a recent photograph.”
— Mich. Comp. Laws § 28.727(6) — 5 cases
People v. Dowdy, 802 N.W.2d 239 (Mich. 2011).
“725a(4)(b), and (2) the notification requirement of MCL 28.725(1).”
People v. Dowdy, 769 N.W.2d 648 (Mich. 2009).
“In order to sustain any of the counts, the prosecution must demonstrate that, during the period alleged in the information, defendant had a residence or domicile as defined by the statute.”
— Mich. Comp. Laws § 28.727(a) — 1 case
Poe v. Snyder, 834 F. Supp. 2d 721 (W.D. Mich. 2011).
“§ 28.727(a) & (b). In addition to registering, an offender is required to periodically report to the local law enforcement agency “for verification of domicile or residence,” and to notify the local law enforcement agency within 10 days after the offender changes his or her…”
— Mich. Comp. Laws § 28.727(l)(h) — 1 case
People v. Solloway, 891 N.W.2d 255 (Mich. Ct. App. 2016).
“Defendant’s convictions for failing to comply with SORA arise out of MCL 28.727(l)(h) and (i). These two provisions provide that defendant must report the following under SORA: (h) All telephone numbers registered to the individual or routinely used by the individual.”
— Mich. Comp. Laws § 28.727(l)(i) — 1 case
John Does 1-4 v. Snyder, 932 F. Supp. 2d 803 (E.D. Mich. 2013).
“Plaintiffs identify §§ 28.727(l)(i) and 28.725(1)© as two provisions that require them to report information about their online accounts and activities.”
— Mich. Comp. Laws § 28.727(l)(q) — 1 case
People v. Tucker, 879 N.W.2d 906 (Mich. Ct. App. 2015).
“See MCL 28.727(l)(q). [14] 14 Under SORA, registrants must have a new photograph taken if “[t]he officer or authorized employee” determines that the registrant’s preexisting photograph does not “match [] the appearance of the individual sufficiently to properly identify him or…”
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