The Michigan Supreme Court reversed two lower court opinions on Monday and ruled that homeless sex offenders can still be charged for failing to report their address to authorities — even if they don’t have an address.
Last year the Michigan Court of Appeals upheld a circuit court ruling that dismissed criminal charges against a homeless Ingham County man on the state sex offender list who had failed to register his address with local law enforcement. The appeals court said:
The provisional location where a homeless person happens to spend the night does not fall within the ambit of these definitions. A homeless person is not provided an accommodation by another as a place to habitually sleep or store personal items.
Moreover, the concepts of habitually and regularity are antithetical to the circumstances of homelessness. If there is anything “habitual” to the sleeping arrangements of the homeless, it is that it is customary for them not to have the security of a customary place of lodging. If there is anything “regular” about the place where a homeless person lives, it is that it is not within a home.
That ruling has now been overturned, though it remains unclear how a homeless person reporting where they had slept recently will help law enforcement track someone with such a transient living situation.