Michigan Reentry Law Wiki

Motion to Allow Individual to Live within 1000 feet of a school due to grandfathered status

From Reentry



John M. Doe.


NOW COMES the Defendant, John Doe, by and through counsel, Legal Aid of Western Michigan, by Miriam Aukerman and Raquel Olivo, and moves this Honorable Court for an Order providing that he may continue residing at **********, Grand Rapids, MI 49503. In support of his motion, John Doe states as follows:

  1. John Doe has resided for the last twenty years with his parents, M. Doe and S. Doe, at **********, Grand Rapids, MI 49503. See affidavits of M. and S. Doe attached as Appendices A and B.
  2. M. and S. Doe have owned the home at ********** since August 2001. See Quit Claim Deed attached as Appendix C.
  3. Mr. Doe was convicted on August 29, 2001, of Criminal Sexual Conduct in the second degree, which subjects him to registration as a sex offender.
  4. Pursuant to MCL 28.735, individuals subject to sex offender registration may not live within 1,000 feet of a school. However, MCL 28.735(3)(c) provides an exemption for individuals who were residing within a student safety zone on January 1, 2006. Specifically that section states that the residency restriction "does not apply to [a]n individual who was residing within that student safety zone on January 1, 2006."
  5. Mr. Doe’s residence is located within 1,000 feet of a school. However, because Mr. Doe was living at that address on January 1, 2006, he falls under the statute’s grandfathering provision.
  6. On or about December 12, 2006, Mr. Doe and his mother went to the police to inform them that the family was intending to take a trip to Morelia, Mexico. Because Mr. Doe is a low-functioning individual, his mother has been assisting him to comply with his registration requirements. Mr. Doe speaks limited English. His mother does not speak English.
  7. Mr. Doe and his mother understood that he was being given permission to travel to Mexico. However, it appears that as a result of the language barrier, the police may have thought Mr. Doe was planning to move to Mexico.
  8. The family never moved to Mexico and never intended to move to Mexico.
  9. In fact, Mr. Doe never even traveled to Mexico. Due to the fact that John Doe’s father, Simon Doe, became ill, and needed to be hospitalized, the family cancelled their planned trip to Mexico. The Defendant, John Doe, continued to reside at **********. The fact that Mr. Doe did not leave the U.S. is confirmed by his affidavit, his mother’s affidavit, and records from the Unemployment Agency. See Appendix D (documents showing John Doe applied for unemployment during period of planned trip to Mexico).
  10. On or about January 8, 2007, Mr. Doe, assisted by his mother again, went to the police in order to comply with his registration requirement. Mr. Doe was told that he could no longer reside at ********** because this address is within 1,000 feet of a school.
  11. Ms. Doe arranged for her son to stay temporarily with friends at *********** so that John Doe would not be in violation of the law while attempting to resolve this matter.
  12. However, the police informed Mr. Doe that he could not stay at ************** either, because that address is also within 1,000 feet of a school. Mr. Doe has returned to live with his parents at **********. The police have refused to register Mr. Doe at the ********** address.
  13. Mr. Doe has been told that he must move by May 15, 2007, or be subject to arrest and prosecution for violating MCL 28.735.
  14. MCL 28.735(3)(c) clearly states that an individual who was residing within a student safety zone (i.e. 1,000 feet of a school), on January 1, 2006, is exempt from the general prohibition on sex offender registrants residing within 1,000 feet of a school.
  15. Because Mr. Doe has been residing at ********** for 20 years and was residing there on January 1, 2006, he may continue to reside at that address without violating the law.

WHEREFORE, the Defendant respectfully requests that the Court find that:
  1. The Defendant, John M. Doe, may reside at **********, Grand Rapids, MI 49503, without violating MCL 28.735.
The Defendant further requests that the Court order that:
  1. Law enforcement shall register John M. Doe at **********, Grand Rapids, MI 49503.

Respectfully Submitted,
Legal Aid of Western Michigan

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