Michigan court says state sex offender registration law does not apply to homeless

As detailed in this local article, which is headlined "Michigan appeals court: Homeless sex offenders don't have to register," a new opinion about sex offender resigration requirements is causing a stir in Michigan. Here are the basic details:

The Michigan Court of Appeals has ruled that homeless sex criminals don’t have to comply with Michigan’s Sex Offender Registry Act. Many law enforcement officials — who often have to deal with sex offenders who claim they have no permanent residence — aren’t happy with the ruling.

In a published opinion released Tuesday that sets a statewide precedent, a three-judge panel unanimously upheld a trial court’s dismissal of charges against a homeless Ingham County man for failing to register, failing to comply with reporting duties and failing to pay registration fees.

The appeals judges ruled that it’s impossible for a homeless person to comply with the law, which requires convicted sex criminals to report their “domicile or residence” to police. The judges concluded that a homeless sex offender, by definition, has neither.

The judges’ opinion bluntly urges state lawmakers to fix the law. “The Legislature is free, indeed, empowered, to ... include a provision addressing reporting requirements for the homeless,” said the opinion signed by judges Jane M. Beckering, Jane E. Markey and Stephen L. Borrello.  “The purpose of (the Sex Offender Registry Act) is wise, and the Legislature is urged to consider changes so that a homeless person who does not have a domicile or residence may readily comply with its requirements,” the judges wrote.

The ruling in People v. Dowdy is available at this link.