5.11Notification Requirements Under Sex Offenders Registration Act (SORA)

A.Notification of Hearing on Offender’s Disputed “Romeo & Juliet” Exception Claim

A brief discussion of the “Romeo & Juliet” provisions as they relate to crime victim notification is contained in this subsection. For a detailed discussion, see the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 10.

MCL 28.723a provides exceptions to the sex offender registration requirement under the Sex Offenders Registration Act (SORA) in very specific cases involving certain tier II and tier III offenses. These exceptions, commonly referred to as “Romeo & Juliet” provisions, are found in MCL 28.722(t)(v), MCL 28.722(t)(vi), and MCL 28.722(v)(iv).

Note: The Romeo & Juliet exceptions in MCL 28.722(t)(v), MCL 28.722(t)(vi), and MCL 28.722(v)(iv) apply to criminal and juvenile cases pending on July 1, 2011, and to criminal and juvenile cases brought on or after July 1, 2011. MCL 28.723a(7).

Under MCL 28.723a(1), “[i]f an individual pleads guilty to or is found guilty of a listed offense or is adjudicated as a juvenile as being responsible for a listed offense but alleges that he or she is not required to register under [the SORA] because [MCL 28.722(t)(v)] or [MCL 28.722(t)(vi)] applies or [MCL 28.722(v)(iv)] applies, and the prosecuting attorney disputes that allegation, the court shall conduct a hearing on the matter before sentencing or disposition to determine whether the individual is required to register under [the SORA].”

The prosecuting attorney must notify the victim of the date, time, and place of the hearing. MCL 28.723a(4). The victim may exercise the following rights at the hearing:

•The victim may submit a written statement to the court.

•The victim may attend the hearing and make a written or oral statement to the court.

•The victim may refuse to attend the hearing.

•The victim may attend the hearing and refuse to testify or make a statement. MCL 28.723a(5).

B.Notification of Offender’s Petition to Discontinue Sex Offender Registration

A brief discussion on petitioning for a discontinuation of sex offender registration as it relates to crime victim notification is contained in this subsection. For a detailed discussion, see the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 10.

An offender convicted of a listed offense may petition the appropriate court to discontinue registering under the Sex Offenders Registration Act (SORA). MCL 28.728c.¹ The offender must file a copy of the petition with the prosecuting attorney who prosecuted the underlying criminal case or, “for a conviction that occurred in another state or country, the prosecuting attorney for the county of his or her residence, at least 30 days before a hearing is held on the petition.” MCL 28.728c(7). “The prosecuting attorney may appear and participate in all proceedings regarding the petition and may seek appellate review of any decision on the petition.” Id. 

Note: If an offender previously filed a petition under MCL 28.728c, and after a hearing, the court denied the petition, the offender may not file a subsequent petition. MCL 28.728c(4).

If the prosecuting attorney knows the name of the victim involved in the offense, the prosecuting attorney must provide the victim with written notice that a petition was filed and must provide the victim with a copy of the petition. MCL 28.728c(8). The prosecuting attorney must send the notice by first-class mail to the victim’s last known address. Id. The notice must include information about the victim’s rights as described in MCL 28.728c(10). MCL 28.728c(8).

Before the court makes any decision on the petition, the victim has the right to attend any proceeding held on the petition and to present a written or oral statement to the court.² MCL 28.728c(10). However, a victim must not be required to appear at any proceeding against his or her will. Id.