SEX OFFENDER: FAILURE TO REGISTER S.B. 606 (S-1) & 607 (S-1): FLOOR ANALYSIS






Senate Bill 606 (Substitute S-1 as reported)
Senate Bill 607 (Substitute S-1 as reported)
Sponsor: Senator Michael D. Bishop (S.B. 606) Senator Bruce Patterson (S.B. 607)
Committee: Judiciary

CONTENT
Senate Bill 607 (S-1) would amend the Sex Offenders Registration Act (SORA) to prescribe penalties for a second, third, or subsequent offense of failure to comply with the Act's requirements for continued reporting. The bill would take effect October 15, 2005.
Under SORA, registrants must report to a law enforcement agency, either annually or quarterly depending on their offense, for verification of domicile or residence. Failure to comply a misdemeanor punishable by up to 93 days' imprisonment and/or a maximum fine of $1,000. Under the bill, a violation would be punishable as shown in the table below.


Prior SORA Convictions Level Maximum Penalty
None Misdemeanor 93 days and/or $1,000
One Misdemeanor 1 year and/or $2,000
Two or More Felony 4 years and/or $2,500

In addition, a person required to be registered under SORA must notify law enforcement officials within 10 days after the person changes his or her residence, domicile, or place of work or education. Under the bill, that provision would apply to changing or vacating a residence, domicile, or place of work or education.


Senate Bill 606 (S-1) would amend the Code of Criminal Procedure to include in the sentencing guidelines a felony offense of failure to update sex offender registration information. The offense would be a Class F felony against the public order, with a statutory maximum sentence of four years' imprisonment. The bill is tie-barred to Senate Bill 607.


MCL 777.11b (S.B. 606) Legislative Analyst: Patrick Affholter 28.725 & 28.729 (S.B. 607)

FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would receive increased penalties for subsequent convictions. Local units would incur the costs misdemeanor probation and incarceration in a local facility, which vary by county. The State would incur the costs of felony probation at an average annual cost of $2,000, as well as the costs of incarceration in a State facility at an average annual cost of $28,000.


Date Completed: 6-29-05 Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb606&607/0506