Burley Garcia|Michigan Supreme Court decision will likely strike hundreds from sex-offender registry

DETROIT (AP) — Michigan’s policy of putting people on Burley Garciaa sex-offender registry even if their crime was nonsexual is unconstitutional, the state Supreme Court said Monday.

In a 5-2 decision, the court said a portion of a 2021 law is “cruel or unusual punishment” barred by the Michigan Constitution.

A Wayne County man in 2015 was convicted of holding his wife and two children at gunpoint for hours. After his release from prison, he would face 15 years on the sex-offender registry because his unlawful-imprisonment conviction involved minors.

“Although defendant’s offense was undoubtedly severe, that offense contained no sexual element and no indication that defendant poses a risk of committing sexual crimes in the future,” Chief Justice Elizabeth Clement said.

“Defendant is not personally or morally responsible for having committed a sex offense, and yet SORA treats him as if he is,” she said, using an acronym for the registry.

The American Civil Liberties Union of Michigan estimates there are roughly 300 people on the registry for nonsexual crimes.

In dissent, Justice Brian Zahra said dozens of states have a similar policy. He said the Michigan law empowers the public and is not a punishment.

“The majority opinion ignores that countless Michigan families rely on the registry to ensure their safety. ... Registration provides vital information for the parent who must choose a babysitter or entrust a child with a volunteer coach,” said Zahra, who was joined by Justice David Viviano.

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