High Court to Decide if Sex Offender Registry is 'Cruel'

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LANSING, MI – The Michigan Supreme Court said in order Friday that it would hear the case of a man whose name was placed on the state’s sex offender registry for life, even though his conviction was erased nearly two decades ago.

A key question before the court is whether placing the man’s name on the registry, which is public, amounts to “cruel and/or unusual punishment” under the Constitution. Having his name on the searchable database has hurt his ability to find jobs, affected his family life and resulted in depression, lawyers for the man have said.

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According to The Detroit News, the Wayne County conviction of a man who pleaded guilty to kissing and and groping a 12-year-old girl was erased in 1997 when he completed three years’ probation under the Holmes Youthful Trainee Act, which give breaks to young offenders who subsequently maintain clean criminal records.

A judge ordered the removal of the man’s name in 2012, finding among other things that requiring him to register was ex post facto law because he was not subject to the law at the time he pleaded guilty to second-degree criminal sexual conduct.

But the Michigan Court of Appeals reversed that decision last year.

“The central purpose of (the registry) is not intended to chastise, deter, or discipline,” the appeals court said. “Rather, it is a remedial measure meant to protect the health, safety and welfare of the general public.”