Part IV—Reporting Requirements
9.11Verification of Domicile or Residence1
An offender who is not incarcerated and who is required to register under the SORA must verify his or her domicile or residence by reporting in person to the registering authority with jurisdiction over the location of the offender’s domicile or residence. MCL 28.725a(3).
“A report under [MCL 28.725a(3)] must be made no earlier than the first day or later than the last day of the month in which the individual is required to report. However, if the registration period for that individual expires during the month in which he or she is required to report under this section, the individual shall report during that month on or before the date his or her registration period expires.” MCL 28.725a(4).
A.Yearly Verification (Tier I Offenders)
Subject to MCL 28.725a(4) (setting out routine times for an offender’s annual report), MCL 28.725a(3)(a) requires tier I offenders to report “once each year during the individual’s month of birth.”
B.Semi-Annual Verification (Tier II Offenders)
Subject to MCL 28.725a(4) (setting out routine times for an offender’s biannual report), MCL 28.725a(3)(b) requires tier II offenders to report two times each year according to the following schedule:
|
Birth Month |
Reporting Months |
|---|---|
|
January |
January and July |
|
February |
February and August |
|
March |
March and September |
|
April |
April and October |
|
May |
May and November |
|
June |
June and December |
|
July |
January and July |
|
August |
February and August |
|
September |
March and September |
|
October |
April and October |
|
November |
May and November |
|
December |
June and December |
C.Quarterly Verification (Tier III Offenders)
Subject to MCL 28.725a(4) (setting out routine times for an offender’s quarterly report), MCL 28.725a(3)(c) requires tier III offenders to report four times each year as the following table indicate:
|
Birth Month |
Reporting Months |
|---|---|
|
January |
January, April, July, and October |
|
February |
February, May, August, and November |
|
March |
March, June, September, and December |
|
April |
April, July, October, and January |
|
May |
May, August, November, and February |
|
June |
June, September, December, and March |
|
July |
July, October, January, and April |
|
August |
August, November, February, and May |
|
September |
September, December, March, and June |
|
October |
October, January, April, and July |
|
November |
November, February, May, and August |
|
December |
December, March, June, and September |
D.Registrant’s Duty to Review Information for Accuracy
A registrant who reports as required by MCL 28.725a(3) must review all of his or her registration information for accuracy. MCL 28.725a(4). According to MCL 28.725a(5):
“When an individual reports under [MCL 28.725a(3)], an officer or authorized employee of the registering authority shall verify the individual’s residence or domicile and any information required to be reported under [MCL 28.724a].[2] The officer or authorized employee shall also determine whether the individual’s photograph required under [the SORA] matches the appearance of the individual sufficiently to properly identify him or her from that photograph. If not, the officer or authorized employee shall require the individual to obtain a current photograph within 7 days under this section. When all of the verification information has been provided, the officer or authorized employee shall review that information with the individual and make any corrections, additions, or deletions the officer or authorized employee determines are necessary based on the review. The officer or authorized employee shall sign and date a verification receipt. The officer or authorized employee shall give a copy of the signed receipt showing the date of verification to the individual. The officer or authorized employee shall forward verification information to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under [MCL 28.728] as necessary and shall indicate verification in the public internet website maintained under [MCL 28.728(2)].”3
Unless a registrant is indigent and qualifies under MCL 28.725b for a 90-day waiver of the registration fee, ”an individual who reports as prescribed under [MCL 28.725a(3), requiring regular verification of an individual’s domicile or residence] shall pay a $50.00 registration fee as follows:
(a) Upon initial registration.
(b) Annually following the year of initial registration. The payment of the registration fee under this subdivision must be made at the time the individual reports in the first reporting month for that individual as set forth in [MCL 28.725a(3)] of each year in which the fee applies, unless an individual elects to prepay an annual registration fee for any future year for which an annual registration fee is required. Prepaying any annual registration fee must not change or alter the requirement of an individual to report as set forth in [MCL 28.725a(3)]. The payment of the registration fee under this subdivision is not required to be made for any registration year that has expired before January 1, 2014 or to be made by any individual initially required to register under this act after January 1, 2027. The registration fee required to be paid under this subdivision must not be prorated on grounds that the individual will complete his or her registration period after the month in which the fee is due.
(c) The sum of the amounts required to be paid under subdivisions (a) and (b) must not exceed $550.00.” MCL 28.725a(6).
F.Required Identification4
Except as otherwise noted in this subsection, an individual required to register under the SORA must maintain either a valid Michigan driver’s or chauffeur’s license, or an official Michigan personal identification card with the individual’s current address. MCL 28.725a(7). An individual may use the license or card as proof of domicile or residence. Id. The officer or authorized employee may also require the individual to produce an additional document showing the individual’s name and address, including, but not limited to, an individual’s voter registration card, a utility bill, or another bill. Id. Other satisfactory proof of domicile or residence may be specified by the department of state police. Id. An individual who is required to register under the SORA is not required to maintain a valid operator’s or chauffeur’s license or an official state personal identification card if that individual is homeless. Id.
Not more than seven days after an incarcerated individual required to register under the SORA is released, he or she must report to the secretary of state to have his or her digitalized photograph taken. MCL 28.725a(8). If the individual had a digitized photograph taken for a driver’s license, a chauffeur’s license, or an official state personal identification card before January 1, 2000, or within two years before he or she was released, that individual is not required to report under this subsection, unless the individual’s appearance has changed since the photograph was taken. Id. The photograph must be used on the individual’s driver’s license, chauffeur’s license or state identification card, unless he or she is a nonresident. Id. When an individual renews his or her license or identification card as required by law, or as otherwise provided under the SORA, the individual must have a new photograph taken. Id. The digitized photograph must be made available to the department by the secretary of state for registration under the SORA. Id.
If an individual fails to report as required under MCL 28.725a or under MCL 28.724a, the department must notify all registering authorities as indicated in MCL 28.728a and initiate enforcement action according to MCL 28.728a.5 MCL 28.725a(9).
1 See M Crim JI 20.39e, Sex Offenders Registration Act Violations – Failure to Verify, M Crim JI 20.39j, Sex Offenders Registration Act Violations – Venue, M Crim JI 20.39k, Sex Offenders Registration Act Violations – Registration / Notification / Verification In-person Requirement, and M Crim JI 20.39l, Sex Offenders Registration Act Violations – Definitions – Residence / Domicile.
2 See Section 9.12 for information about resident and nonresident student requirements under MCL 28.724a.
3 For information about the computerized law enforcement database and the public internet website, see Section 9.16 and Section 9.17, respectively.
4 See M Crim JI 20.39d, Sex Offenders Registration Act Violations – Identification Requirements.
5 See Section 9.9.