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1000 foot residency and loitering restrictions were repealed by HB 5679.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

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