Legal Question in Criminal Law in Michigan

Does a sex offender get placed on the registry before or after sentencing?

My brother is currently in a county jail awaiting sentencing for Criminal Sexual Conduct. His name has already been placed on the Sex Offender Registry with the description: Criminal Sexual Conduct - Second Degree (Multiple Variables). Is it legal for him to already be on the Public Sex Offender Registry Inquiry even though he has not been sentenced yet or should they have waited until his sentencing?


Asked on 1/27/02, 3:07 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Does a sex offender get placed on the registry before or after sentencing?

Sex offender registration must occur BEFORE the sentencing (or juvenile adjudication) can occur.

See MCL 28.724(5): "Subject to section 3(1) and (2), an individual convicted of a listed offense in this state after October 1, 1995 shall register before sentencing, entry of the order of disposition, or assignment to youthful trainee status. The probation officer or the family division of circuit court shall give the individual the registration form after the individual is convicted, explain the duty to register, verify his or her address, and provide notice of address changes, and accept the completed registration for processing under section 6. The court shall not impose sentence, enter the order of disposition, or assign the individual to youthful trainee status until it determines that the individual's registration was forwarded to the department as required under section 6."

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Answered on 1/27/02, 9:37 am


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