Atwo Zee, Registered Traveler

"From Alabama to Zion National Park"

Before I wrecked my life and ended up on Florida’s Sex Offender registry I always intended to travel in my retirement. Now, after prison and probation, I am in fact retired, and “free,” and have not given up my dream of seeing natural wonders and historic sites, visiting great cities, traveling to as many places as possible within the restrictions placed on me as a registered citizen.

While I may attempt traveling the world in the future, everything I’ve heard and read about International Megan’s Law requirements makes it sound difficult and even dangerous for a registered person. I therefore decided that my own home country is a pretty big place that, so far at least, nobody can keep my out of. Including all of its states and territories the United States spans half the globe and extends from the arctic to the equator. A guy could spend his whole retirement traveling this great land and never really see all of it.

As many of you may have discovered, however, interstate travel as a registered citizen isn’t as simple as getting in your car and driving away. Unless you don’t mind the prospect of inadvertently violating the registry laws of either your own state or whatever state you’re in at the time and ending up back in prison for a registry violation, it’s crucial to be conversant with and obey the registry laws of every state you plan to pass thru, which for me is every US state and territory.

The starting point for my research was the chart “Summary of State and Territorial Registration Laws Concerning Visiting and Temporary Residence by Adults” available on the Alliance for Constitutional Sex Offender Laws (ACSOL) website. It’s a good summary chart, but it hadn’t been updated since 2018. Using the state statute references in the ACSOL chart I downloaded every state and territory’s registry laws, read them all, updated the information on the chart and corrected any errors that I found.

I also obtained a list of phone numbers for all 50 states’ SOR offices, and called every state to ask supplemental questions. As you might expect, some SOR offices don’t answer the phone and never call back if you leave repeated messages. Some states SOR offices have outgoing messages that don’t allow you to leave a message but only refer you to unhelpful online FAQ documents. Nevertheless, I found that when I was able to speak to a real person (which was about half the time) the SOR office personnel were uniformly courteous and willing to provide helpful answers to my questions.

The result of my research is the new and improved “Summary of State and Territorial Registration Laws Concerning Visiting and Temporary Residence by Adults” chart. CLICK ON THE LINK BELOW. My plan is to keep re-researching and updating this chart for at least the next ten years (i.e. 2021-2031) while I travel the USA.

However, all of this research – whether the state laws themselves, written responses to letters, or the oral responses by a random person in a state SOR office – may bear no relation at all to what you or I may experience if pulled over by an over-eager redneck sheriff’s deputy because you have a blown tail light. Do you want to be the first person to test the limits of any of this? I’ll bet the answer to that is NO.

So be careful out there, and safe travels!

Legal Disclaimer

I AM NOT AN ATTORNEY. THIS WEBSITE IS NOT INTENDED TO PROVIDE LEGAL ADVICE AND SHOULD NOT SUBSTITUTE FOR QUALIFIED LEGAL ADVICE.

Because sex offender laws are frequently revised by legislatures and reviewed by courts, the most current version of the applicable laws should be consulted and can generally be found by using your search engine to locate the statutes referenced on this site. This website does not include all laws that may apply to registrants in any particular state.

NEW! Updated 9/24! State & Territorial Visitor Registration Laws Guide

Click HERE. It'll pop up on your screen in a separate window.

Summary Map Click HERE. It'll pop up on your screen in a separate window.

NEW! Updated 9/24! State & Territorial Visitor Registration Laws for FORMER & LONG-TERM Registrants

MANY REGISTRANTS DO NOT UNDERSTAND that most states have registration laws that apply to out-of-state visitors even if you have served your registration duty in your state of offense and are no longer required to register there. Violating these states' laws during your visit can get you caught in these states' registries or even incarcerated EVEN THOUGH you have been removed from your own state's registry!

Furthermore, you may be surprised to learn that some states' registration laws may not apply to visiting registrants who have, in your state of offense, served your registration duty for the number of years specified by law in the state you are visiting - even if you are still on the registry in your state of offense.

Because confusion surrounding this issue will be a growing problem as more and more Americans (including myself) become long-term or former registrants, I have researched the registration laws of every U.S. state and territory related to this issue.

Click HERE to see this new research.

Recorded 6/23: My 2023 NARSOL conference domestic travel presentation

I have given several presentations on domestic travel at NARSOL and other national conferences. My presentation at the 2023 NARSOL conferences was recorded and is now available as a You Tube video.

This is about an hour long but contains a lot of information about domestic travel, so Click HERE to watch.

The Traveling Registrant

The Once Fallen website offers this must-read information for all registrants planning to travel. Click here: http://www.oncefallen.com/travel.html

Unwelcome Images

My personal story of prison, probation and ... redemption? is posted on Medium. If you're interested you can click here:

https://therabbitisin.com/unwelcome-images-c06a3760b11a

Your first hurdle:

Permission to leave town

My state of offense (Florida) has a registry law that, like those of many other states, is completely silent on the question of what notice I as a registered person have to provide in the event that I intend to travel out of state temporarily but have no intention of establishing any “permanent residence,” “temporary residence” or “transient residence” in any other state. Instead, Florida’s SOR law reads as follows:

“A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction … The sexual offender shall provide to the sheriff the address, municipality, county, [and] state … of intended residence … The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state [or] jurisdiction … of the sexual offender’s intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as [a third degree felony].”

943.0435(7) FS.

Apparently, the drafters of Florida’s SOR law – and the many similarly worded statutes of other US states – never anticipated that a registered person would ever leave their state for any other reason than to establish a “permanent residence,” “temporary residence” or “transient residence” wherever they're going. Therefore I assume that I and many of you could legitimately assume we would be within our legal rights to just leave our state without telling anybody as long as you have no intention of, and scrupulously avoid, establishing any kind of residence that would violate your state’s statutes.

However, I DO NOT recommend doing this under any circumstances.

Why? Because there’s a 120% chance that your local sheriff’s department believes you have to tell them you’re leaving and where you’re going no matter what your state’s SOR law says or doesn’t say. Suppose you get pulled over somewhere for having a blown tail light. The sheriff’s deputy looks you up and discovers you’re an out-of-state registered offender. Next, he calls local law enforcement in your home state and asks, “Hey, did y’all know this guy was here?” They of course will say “No, we didn’t even know he left our state and we think that’s a registry violation – he is an ABSCONDER!” at which point you’ll be arrested, handcuffed and sent back to prison.

I don’t know about you, but that’s not how I want to spend my vacation.

Therefore I strongly suggest that you visit your local sheriff’s department or registry office and inform them of your intention to travel. I did this for the first time in October 2020, and have traveled out of state frequently since then, each time making sure to do so “within 48 hours before the date he or she intends to leave this state.”

Having gained some experience with traveling while registered I offer you the following advice:

Always notify your local law enforcement of your intention to travel and provide as much detail as possible about your travel plans. In particular, it helps to have at least one specific destination for your trip. Your local law enforcement is expecting you to have a destination. You probably do have at least one destination, and if it’s not a friend or relative’s home you probably had to make some kind of reservation ahead of time. Either way you know at least one address where you’ll be, so give it to the staff person behind the glass. They will feel more comfortable with this even if your plans include extended time to get to and return from the specific destination(s), during which you’ll be enjoying yourself.

I have found that if I give a general description of your travel, like some of the states you’ll be passing through, the staff person will happily enter that onto whatever form their filling out as “additional notes.” This may actually help you in case you get pulled over someplace because when the sheriff’s deputy calls your home state it’s all right there in the computer.

Recently I established a summer home in Iowa. Unlike Florida and many other states, Iowa’s registry law explicitly, but clumsily, addresses out-of-state travel. It says:

“[A] sex offender, within five business days of a change, shall also appear in person to notify the sheriff of the county of principal residence [i.e. the principle residence in Iowa], of any location in which the offender is staying when away from the principal residence of the offender for more than five days, by identifying the location and the period of time the offender is staying in such location.” 692A.105 IS.

While I was at my new Iowa sheriff’s department registering, getting photographed, fingerprinted and providing a DNA sample, I took the opportunity to ask how travel was going to work in my new state. I pointed out that although I can always provide a destination when traveling, there is no way I’ll be able provide locations and addresses ahead of time for every campground or motel room I might be staying at along the way.

The lady behind the bullet-proof glass stated that their policy for this type of travel is that I will need to keep a travel log for each trip, which I will need to turn in upon my return. This just shows how local sheriff’s departments come up with some policy to deal with these situations. As you know from reading elsewhere on this blog, I recommend you always keep a travel log as well as all receipts just in case you need to prove your whereabouts, so this sheriff’s department requirement, while ridiculous, turns out not to be a problem for me or anyone following my recommendations.

Friday, July 16, 2021

Michigan

Point Betsie Lighthouse, MI

From the 50 State Visitor Guide:

M.C.L. 2019 §§28.721 through 28.736, as modified by HB 5679 effective 2021

Registration Triggers and Deadlines:

Initial registration and updates are required “not more than 3 days,” (HB 5679). A “residence” is defined as “that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.” §28.722(p). Also, “An individual required to be registered under this act who is not a resident of this state but has his or her place of employment in this state shall report” not more than 3 days. §28.725(2).

Visitors: Michigan law does not address registration by visitors. Per MI SOR office, visitors staying more than 7 days must register within 3 business days of arrival. Updated Aug. 2022.

Residency/Presence and Other Restrictions:

1000 foot residency and loitering restrictions were repealed by HB 5679.

Those required to register after 7-01-2011 must report all email addresses & internet identifiers (defined in HB 5679).

Duration & updates:

15 years to life. Updates: T1 – annual; T2 – 6 mo; T3 – 3 mo. §28.725.

Pictured Rocks National Lakeshore, MI

Most recent visit: June 2021

Michigan has been much in the news on the major registrant advocacy web sites such as NARSOL and ACSOL, because of a lawsuit challenging this state’s registry has been going on for almost a decade. In August 2016, the United State Court of Appeals for the Sixth Circuit ruled that various components of Michigan’s registration scheme could not be applied retroactively to individuals convicted before 2006 and 2011. See Doe, et al. v. Snyder, et al., 834 F.3d 696 (6th Cir. 2016), cert. denied 138 S. Ct. 55 (2017). In 2021 the state legislature adopted HR 5679 which purports to resolve the issues raised in this court ruling. More legal challenges are likely.

Reading the news stories about this legal activity, you would be forgiven for concluding that Michigan has some of the harshest, most inhumane registry laws in the United States. However, that would be a mistaken conclusion. In fact there are quite a few states, including my home state of Florida, whose registry laws are much harsher and egregious than those of Michigan. But let me be clear – I am NOT arguing that Michigan’s registry isn’t harsh or inhumane. ALL registries are harsh and inhumane, and if the Sixth Circuit can rule that various components of Michigan’s registration scheme are unconstitutional, it just shows that many other states’ laws are similarly unconstitutional.

Having gotten that off my chest, the fact remains that compared to many other states, Michigan’s laws applying to visiting registrants aren’t too hard to comply with. Like many states, Michigan’s laws regarding what constitutes “residency” are so muddled that it’s hard to say how long a visiting registrant can actually stay in Michigan before registration is required.

To be on the safe side I am recommending that you follow a seven consecutive day rule that appears elsewhere in the state’s SOR law. Seven days is a short time period but not terrible. There also appears to be no limit on repeat visits per year, so in theory you could leave the state for one night after Day 6 (because you must assume that Day 7 would trigger registration) making sure to document that night with out-of-state receipts, and return to Michigan the next day to continue your visit. The state’s former 1000 foot residency and loitering restrictions were repealed in 2021 by HB 5679.

Per Rolfe Survey, visiting registrants who do have to register are placed on state’s website. Whether there is a procedure available for removal from registry after departure is unclear, so I would take no chances on the possibility of being required to register.

I had traveled through Michigan years ago, before I flushed my life down the toilet for the sake of a few internet jollies, so I knew it was a state with a lot to offer visitors. In June 2021 I entered from Indiana and traveled northward up the lower peninsula’s west side. I stopped at Grand Rapids, which turns out to be a very pleasant town with an active downtown. I visited a museum there and watched part of a skateboarding competition.

I stayed overnight at a Lake Michigan front state park with nice facilities, which was no problem because, as I said above, all the residency and loitering restrictions have been repealed. Continuing north into the Upper Peninsula, I stayed the next night at a Hiawatha National Forest campground which was completely empty.

I visited Tahquamenon Falls State Park and Pictured Rocks National Lakeshore – both very nice! – before heading southwest toward my next destination, Wisconsin. Michigan is a beautiful state.

Atwo Zee, Registered Traveler

Friday, July 16, 2021

No comments:

Post a Comment

Pages

Report Abuse