| (c) 2007-2013 Derek W. Logue. No part of this website may be used in any way without expressed written consent of the site owner. |
| Registry Fees Fact Guide By: Derek Warren Logue Created: November 2, 2011, Updated Apr. 8, 2013 INTRODUCTION Registration fees are becoming popular in a select growing number of locations. Perhaps the biggest story on this issue in recent memory is the ordinance proposed by the city of Lake Charles, LA, which would have increased yearly registration fees to $600 per year. As of this writing, the law is on hold due to a temporary injunction [1]. Obviously, registry fees and the fear over possible legal trouble for failing to pay fees is a very real concern. Some state laws consider failure to pay registry fees part of the criminal charge of “failure to register [2].” Exacerbating the possibility of arrest for failure to pay fees is due to the fact that registrants have far higher rates of unemployment than the average citizen. In Oklahoma, “nearly 40%” of registrants are considered “unemployed, disabled, or retired [3]”; Washington State’s unemployment rate for registrants was 25% in 2005, with a 9% rate of homelessness [4]. While many locations have these laws, is it constitutional? There have been few stories regarding sex offenders arrested for failing to pay fees, and even fewer court cases addressing the fees. This article will cover the very sparse commentary on this subject. HORNER v. GOVERNOR OF NEW HAMPSHIRE In 2008, Philip Horner argued before the New Hampshire Supreme Court that imposing a semi-annual fee of $17 amounted to “disproportional taxation,” while the state argued that the fees were regulatory. The justices sided with the state, agreeing the fees are regulatory measure and that the “$17 semi-annual charge imposed upon sex offenders is not intended to raise additional revenue but, rather, is used solely to support a governmental regulatory activity made necessary by the actions of those who are required to pay the charge [5].” The fees are seen as the registry itself, a “regulatory” measure which was upheld by the 2003 Smith v. Doe decision [6]. By arguing the law was a tax and not a fee, this case seemed doomed to fail. EASTERLING V STATE OF FLORIDA This case involved a life without parole sentence for a mere probation violation for not having a $10 registration ID card. Because Easterling made every effort to comply with the law, at least the registration fee violation was reversed by the First District Court of Appeals. Below is the case summary: “Easterling was convicted (by plea) of three counts of sexual battery on children under the age of 12 and sentenced to two years' community control and sex offender probation. Easterling was charged with violating his community control in four respects by: (1) failing to remain at liberty without violating the law by failing to register and obtain an identification card denoting his sex offender status from the Department of Highway Safety and Motor Vehicles (DHSMV) within 48 hours of his release from prison as required by section 944.607, Florida Statutes (2007); (2) failing to follow the lawful instructions of his probation officer directing appellant to register as a sex offender with the DHSMV within 48 hours of his probation; (3) failing to be truthful with his probation officer by omitting necessary facts regarding his failure to obtain the required identification card from the DHSMV; and (4) leaving his home and visiting the DHSMV without his probation officer's permission. The uncontradicted evidence demonstrates Easterling made a good faith effort to register and obtain a license in accordance with section 944.607, Florida Statutes. The only reason he did not complete the registration was because he lacked $10 to obtain a new license. In fact, Easterling obtained the license after attempting to comply with the requirement three days later, as soon as he had obtained the necessary funds. While the trial court found that appellant could have asked the probation officer for the money, merely because he did not take the wisest course of action, we cannot say the failure to register was willful and substantial. Van Wagner v. State,677 So.2d 314, 317 (Fla. 1st DCA 1996) (holding where a probationer makes reasonable efforts to comply with a condition of probation, the violation cannot be deemed willful). Because we determine that Easterling made a good faith effort to comply, we must also reverse the violation relating to failing to follow the lawful instructions of his community control officer. Based on the foregoing, we affirm the finding of violations as to two conditions of community control, but we reverse as to the two charges concerning Easterling's failure to register. Because it is not clear from the record whether the trial court would have imposed the same sentence based on the remaining violations, we reverse and remand for reconsideration of the revocation and sentencing decisions [7].” OREGON’S REGISTRY FEES LAW A recent article at Oregon’s Library of Defense Blog offers a very good assessment of Oregon’s Registry fee law: “ORS 181.598 requires the assessment of a $70.00 fee for sex offender registration. Sex offenders must pay that fee in the same sense that any of us must pay money we legally owe. However, recent case law makes it fairly clear that failure to pay the fee should not prevent registration and it certainly should not form the basis of a charge of failure to register. ORS 181.595-597 explain who is required to register as a sex offender. ORS 181.599 creates the crime of failure to report as a sex offender. It requires making the report, signing the registration form, and submitting to fingerprinting and photographing. It does not mention a fee. The fee comes from ORS 181.598, which requires the Department of State Police to assess a $70 fee. But ORS 181.599 does not require the person to pay it. In State v. Depeche, 242 Or App 147, 252 P3d 861 (2011), the defendant failed to provide proof of his address while registering. The court held that, because providing verification is not required by ORS 181.899, the defendant had not failed to register by failing to provide proof of his address. Rather, the defendant merely has to show up and try to report in order to avoid liability. Similarly, ORS 181.899 does not require payment of the fee, it just requires the police to ‘assess’ it. If the person hands over the form, signs it, and submits to photographs, I don’t think any crime arises for refusing to pay. (But I’d probably advise my own clients that they should pay anyway).” Personally, I would refuse to pay the fees but I do not live in Oregon [8]." TYLER V. STATE A blog post by Orlando Criminal Defense Attorney John P. Guidry II covers the recent case of Tyler v. State [9] Remember Obama Care, with a requirement that all American citizens be required to buy something? Is there anything in the constitution that requires a citizen pay for anything? Well, if you're a convicted sex offender, especially here in Orlando (where the sex offender task force seems to work around the clock) you'll be paying registration fees for the rest of your life, even if you've already served all of your sentence. Hum. This is America, right? Let's say you're convicted of possession of child pornography, once your "debt" is paid to society via a prison sentence and/or probation, it's over, right? Wrong. For the rest of a sex offender's life, he must report his whereabouts in person to the local sheriff's office. In addition, with each change of address (even temporary) he must report to the sheriff's office and be photographed, fingerprints rolled, and provide additional housing information. After sheriff's duties are completed--it's not over--it's the beginning of paying fees to the Department of Highway Safety and Motor Vehicles. Supposedly, poverty is no reason to put somebody in prison. But, sex offenders are forced to pay "fees" forever. The fees are $25, to update driver's license info within 48 hours of any change in permanent or temporary residence. Remember, "temporary" means staying somewhere for five (5) days total, during a calendar year!?!? Is this constitutional? Yep. A one week vacation requires registration, and fees when you get there. Imagine spending the first day of every vacation at the sheriff's office, then at the DMV? Shoot me now! Then, when you return home, more registration fees to tell them you're back! Wow. Driving two hours to visit mom and dad for the week? Register there. Pay fees. Drive home, let them know you've returned, pay fees again. Is all this fee paying constitutional? This issue was "sort of" addressed in Tyler v. State, 2011 WL 3300165 (2nd DCA 2011), where the defendant was convicted of failing to register as a sex offender because he did not obtain an updated driver's license after changing his residence. He challenged the constitutionality of forcing a sex offender to pay for constant updates to his driver's license. Tyler claimed that he could not afford to update his information, and it's unconstitutional to force him to do so. (after all, who's hiring sex offender's these days?) The good news is that it seems as though the Tyler court may have been willing to tackle this issue favorably, but the facts weren't ripe because Tyler presented no evidence of his inability to pay the fees. The court noted that "no law requires a typical resident, or even a typical felon, to obtain a driver's license or identification card. On the other hand, sexual offenders such as Tyler are legally compelled to obtain this documentation every time they change their residences, and they are expressly required to pay for it", Id at 3. The court did not buy the prosecutor's argument that this law is constitutional, noting that "we disagree with the State's assertion ... that his constitutional challenge has already been resolved against him by Florida's appellate courts. None of the cases cited by the State, either in the circuit court or here, has upheld the statute against a constitutional challenge premised on the defendant's indigence....Neither have we found such a case." Id. at 4. Supposedly, a sex offender may be removed from registration requirements after many years have passed, but good luck getting a judge to do so (hey, it's worth a try, the worst thing they can do is say no). DOE, SEX OFFENDER REGISTRY BOARD NO. 10800 v. SEX OFFENDER REGISTRY BOARD Like the Horner case, this court upheld an decision that the registry fees are not "disproportionate taxation," but it is the court's assertions that pique interest. They claim the registration scheme actually benefits the offender. I beg to differ: We add that the regulatory scheme governing the registration of sex offenders is not wholly devoid of any benefit to a sex offender because it provides the offender with the opportunity to alter his classification level or terminate his registration obligation. Because the risk to reoffend and the degree of dangerousness posed by a sex offender may change over time, a level two or level three sex offender may file with the board, after three years from the date of his final classification, a motion for reexamination of his classification level. So let me get this straight-- the court actually determined the registry scheme actually provides benefit for registrants because they can theoretically go to court to get off the registry? I can't believe this crap. MOST REGISTRANTS CANNOT PAY THESE FEES The following comments from the Marion, IL Police Department already sum up the hardships caused by these fees: "The majority of sex offenders are either low income, or on disability, unemployed or living paycheck to paycheck like everybody else. With the fee increasing, it's been a hardship on everybody," explains Christina Burns, Marion police department's records coordinator. Burns says only about five to ten percent of the city's sex offenders can afford to pay the $100 annual fee. She admits it's difficult for them to hold down a job due to their situation. "If they can't maintain their job, they're certainly not going to maintain or have accessible money to pay a fee that went from something that could be construed as quite miniscule to 100 dollars a year." [11] As a result, many districts in Illinois have not enforced these fees or waived them due to indigence. One more recent article gives an idea how the fees are being divided: “The $100 is broken down between four agencies,” Breeze said. “Thirty dollars is kept by the Mt. Vernon Police Department; $10 is sent to the Sex Offender Management Board Fund, which is part of the state treasurer’s office; $30 goes to the Illinois State Police Sex Offender Registration Fund, since the State Police oversee all registration in the state; and $30 goes to the Illinois Attorney General Sex Offender Awareness Training and Education Fund.” [12] Who says the registry is not an industry? In 2012, Illinois introduced HB4670, which includes the following provisions:
Thankfully, this bill stalled out but was reintroduced (but not advanced thus far) in the 2013 session. DOUBLE FEES If you live on a Native American Reservation, you could have to register, and pay those fees, twice. At least, if you live on Saginaw Chippewa land in Isabella, Co., MI. So even the Natives realize this is now a money-making venture: "Sex offenders in much of Isabella County now have to register and report twice, once to the state and separately to the Saginaw Chippewa Indian Tribe. Those who register with the state but fail to report to Tribal Police could face federal prosecution and up to $5,000 in civil fines in Tribal Court. Tribal Council adopted a sex offender registry ordinance in July and has been notifying law enforcement, registered offenders, schools and local employers. Federal law requires Tribes to either enact their own registry or delegate their authority to the state. Besides prosecution and civil fines, the Tribal ordinance threatens “exclusion,” which could mean forcing violators to move from the five townships and half of two others that comprise Indian Country. Under agreements signed just shy of a year ago, the state recognizes the townships of Deerfield, Denver, Isabella, Nottawa and Wise, plus the north halves of Chippewa and Union, including part of Mt. Pleasant, as Indian Country as defined by federal law. Local police and attorneys are fielding calls from confused sex offenders and say the process is redundant. City, state and county officers already confirm addresses of sex offenders and track down those who do not comply. “These same sex offenders are now required to appear in person at the Tribal Police Department to perform this same verification procedure as well as pay a fee,” said Mt. Pleasant Police Capt. Tom Forsberg. “This is a clear duplication of effort.” There have been no talks about sharing verification duties, and Tribal police officials seldom attend meetings held between local police agencies, police officials said. [14] DOE v. RAEMISCH ET AL, Case # 10-C-911 (US Dist Ct East Dist WI, Aug. 28, 2012) There is a small glimmer of hope, as one court, as one court ruled the annual fee, declaring "imposition of the $100 annual fee on Plaintiffs pursuant to Wis. Stat. § 301.45(10) constitutes punishment in violation of their rights under the ex post facto clauses of the United States and Wisconsin constitutions and enjoining Defendants from assessing or collecting such amount from Plaintiffs [15]. CONCLUSION The legal history on registration fees is very sparse, but it appears the justification behind the fees relies on the same “regulatory measure” arguments as Smith v Doe. The law is clear that registry fees are not taxes; however, as courts have recently admitted current sex offender schemes are punitive rather than regulatory, chances are the fees would be considered a violation of the Constitution (my argument would include the 8th Amendment regarding excessive fees; see also my civil versus criminal law fact guide). Because each state is different in penalties for failure to pay fees, it is wise to try to check the laws in your state. Some states have a set criminal penalty attached, others do not. Some states allow indigence status, while others merely accumulate fees like you would run a bar tab. I am including state laws regarding registration fees and penalties. Laws are subject to change and may not be accurate after the next legislative session. REFERENCES
STATE LAWS ON REGISTRATION FEES CONTACT ME if your state has a registry fee not listed here (Big assist to eAdvocate and SOSEN members for helping me locate many of the listed state fees) For related DNA collection fees, VISIT THIS SITE at Interstate Commission for Adult Offender Supervision Alabama: From the recently enacted SB 296: Section 22. (33a) An adult sex offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender resides beginning with the first quarterly registration on or after July 1, 2011, and at each quarterly registration thereafter. (b) Each time an adult sex offender terminates his or her residence and establishes a new residence, he or she shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the adult sex offender establishes a new residence. (c) If, at the time of registration, the adult sex offender is unable to pay the registration fee, the registering agency may require the adult sex offender to pay the fee in installments not to exceed 90 days. The registering agency shall waive the registration fee if the adult sex offender has an order from the court declaring his or her indigence. In the event the adult sex offender is determined to be indigent, a periodic review of the adult sex offender's indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this act shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total. (d) The fees collected under this section shall be to the registering agency to defray the costs of sex offender registration, verification, and notification. (e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required fee, the adult sex offender shall be guilty of a Class A misdemeanor. Colorado: CRS 16-22-108 (7)-- (7) (a) A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering annually or quarterly with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article, but shall not exceed seventy-five dollars for the initial registration with the local law enforcement agency and twenty-five dollars for any subsequent annual or quarterly registration. (b) The local law enforcement agency may waive the fee for an indigent person. For all other persons, the local law enforcement agency may pursue payment of the fee through a civil collection process or any other lawful means if the person is unable to pay at the time of registration. A local law enforcement agency shall accept a timely registration in all circumstances even if the person is unable to pay the fee at the time of registration. (c) A local law enforcement agency may not charge a fee to a person who provides an update to his or her information pursuant to subsection (3) of this section. --NOTICE!-- If you are a Colorado registrant, CO-CURE and AFC has put out a notice that some jurisdictions are violating a recently signed law by forcing registrants to pay more than the allotted $75 initial Registration Fee and $25 renewal fees. VISIT THE EADVOCATE BLOG for more info on this notice. Georgia: OCGA 42-1-12(f) --As passed by HB 1059 (2005), If the offender was convicted of a dangerous sexual offense on or after July 1, 2006, he or she must pay the sheriff of the county of his or her residence an annual registration fee of $250.00. Idaho: I.C. § 18-8307(2) -- At the time of registration, the sheriff shall obtain a photograph and fingerprints, in a manner approved by the department, and require the offender to provide full palm print impressions of each hand. A violent sexual predator shall pay a fee of ten dollars ($10.00) to the sheriff per registration. All other offenders shall pay an annual fee of forty dollars ($40.00) to the sheriff for registration. The sheriff may waive the registration fee if the violent sexual predator or other offender demonstrates indigency. The fees collected under this section shall be used by the sheriff to defray the costs of violent sexual predator and other sexual offender registration and verification. Illinois: (730 ILCS 150/3) (Text of Section from P.A. 96‑1551) Sec. 3. Duty to register. (6) The person shall pay a $100 initial registration fee and a $100 annual renewal fee. The fees shall be used by the registering agency for official purposes. The agency shall establish procedures to document receipt and use of the funds. The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee. Thirty dollars for the initial registration fee and $30 of the annual renewal fee shall be used by the registering agency for official purposes. Ten dollars of the initial registration fee and $10 of the annual fee shall be deposited into the Sex Offender Management Board Fund under Section 19 of the Sex Offender Management Board Act. Money deposited into the Sex Offender Management Board Fund shall be administered by the Sex Offender Management Board and shall be used to fund practices endorsed or required by the Sex Offender Management Board Act including but not limited to sex offenders evaluation, treatment, or monitoring programs that are or may be developed, as well as for administrative costs, including staff, incurred by the Board. Thirty dollars of the initial registration fee and $30 of the annual renewal fee shall be deposited into the Sex Offender Registration Fund and shall be used by the Department of State Police to maintain and update the Illinois State Police Sex Offender Registry. Thirty dollars of the initial registration fee and $30 of the annual renewal fee shall be deposited into the Attorney General Sex Offender Awareness, Training, and Education Fund. Moneys deposited into the Fund shall be used by the Attorney General to administer the I‑SORT program and to alert and educate the public, victims, and witnesses of their rights under various victim notification laws and for training law enforcement agencies, State's Attorneys, and medical providers of their legal duties concerning the prosecution and investigation of sex offenses. Indiana: IC 36-2-13-5.6 -- Sex or violent offender registration fee; sex or violent offender address change fee; collection and distribution -- Sec. 5.6. (a) The legislative body of a county may adopt an ordinance: (1) requiring the local law enforcement authority (as defined in IC 11-8-8-2) to collect: (A) an annual sex or violent offender registration fee; and (B) a sex or violent offender address change fee; and (2) establishing a county sex and violent offender administration fund to fund the administration of the sex and violent offender registration system. (b) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the annual sex or violent offender registration fee. However, the annual sex or violent offender registration fee may not exceed fifty dollars ($50). (c) If an ordinance is adopted under subsection (a), the legislative body of the county shall establish the amount of the sex or violent offender address change fee. However, a sex or violent offender address change fee may not exceed five dollars ($5) per address change. (d) The legislative body of the county shall determine the manner in which the local law enforcement authority shall collect the annual sex or violent offender registration fee and the sex or violent offender address change fee. However, the annual sex or violent offender registration fee may be collected only one (1) time per year. The sex or violent offender address change fee may be collected each time a sex or violent offender registers an address change with the local law enforcement authority. (e) The local law enforcement authority shall transfer fees collected under this section to the county auditor of the county in which the local law enforcement authority exercises jurisdiction. (f) The county auditor shall monthly: (1) deposit ninety percent (90%) of any fees collected under this section in the county sex and violent offender administration fund established under subsection (a); and (2) transfer ten percent (10%) of any fees collected under this section to the treasurer of state for deposit in the state sex and violent offender administration fund under IC 11-8-8-21. (g) A county fiscal body may appropriate money from the county sex and violent offender administration fund to an agency or organization involved in the administration of the sex and violent offender registry to defray the expense of administering or ensuring compliance with the laws concerning the Indiana sex and violent offender registry. As added by P.L.216-2007, SEC.53. Kansas: Article 49-22-4904(7)(e)-- Every person who is required to register under this act shall remit payment to the sheriff in the amount of $20 on each occasion when the person reports to the sheriff's office in the county in which the person resides or is otherwise located. All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office which shall be used solely for law enforcement and criminal prosecution purposes and which shall not be used as a source of revenue to reduce the amount of funding otherwise made available to the sheriff's office. Louisiana: R.S. 15:542(D) -- The offender shall pay to the appropriate law enforcement agencies with whom he is required to register, except for the campus law enforcement agency of an institution of postsecondary education, an annual registration fee of sixty dollars to defray the costs of maintaining the record of the offender. The payment of such a fee shall be made in accordance with any rule regarding indigency adopted by the judges of the judicial district court in the jurisdiction or as determined by criteria established by the Department of Public Safety and Corrections. The offender shall pay such fee upon the initial registration and on the anniversary thereof. Failure by the offender to pay the fee within thirty days of initial registration shall constitute a failure to register and shall subject the offender to prosecution under the provisions of R.S. 15:542.1.4(A)(3). The offender shall not be prevented from registering in accordance with this Section for failure to pay the annual registration fee. (RS 15: 542.1.4 (A)(3): An offender who fails to pay the annual registration fee in accordance with the provisions of R.S. 15: 542 shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both. Upon a second or subsequent conviction for the failure to pay the annual registration fee, the offender shall be punished in accordance with the provisions of Paragraphs (1) and (2) of this Subsection.) Maine: 34-A §11226. -- FEE The bureau may charge a $25 annual fee to persons required to register under this chapter. Registrants shall pay the fee at the time of initial registration and shall pay the fee on each anniversary of their initial registration. The fee must be credited to the General Fund and the Highway Fund in an amount consistent with currently budgeted appropriations and allocations. Massachusetts: Part 1, Title II, Ch. 6, Section 178Q. The sex offender registry board shall assess upon every sex offender a sex offender registration fee of $75, hereinafter referred to as a sex offender registry fee. Said offender shall pay said sex offender registry fee upon his initial registration as a sex offender and annually thereafter on the anniversary of said registration; provided, however, that no such fee shall be assessed or collected until the offender has either (1) waived his right to petition for an evidentiary hearing to challenge his duty to register as a sex offender as set forth in section 178L or (2) has completely exhausted the legal remedies made available to him to so challenge said duty to register pursuant to sections 178L and 178M and has not prevailed in his attempt to eliminate said duty. A sex offender's duty to pay the fee established by this section shall only terminate upon the termination of said offender's duty to register as a sex offender as set forth in section 178G. [Second paragraph effective until May 22, 2010. For text effective May 22, 2010, see below.] The sex offender registry board may waive payment of said sex offender registry fee if it determines that such payment would constitute an undue hardship on said person or his family due to limited income, employment status, or any other relevant factor. Any such waiver so granted shall be in effect only during the period of time that said person is determined to be unable to pay the sex offender registry fee. The sex offender registry board shall establish procedures relative to the collection and waiver of such fee by regulation. Said sex offender registry fee shall be collected by the sex offender registry board and shall be transmitted to the treasurer for deposit into the General Fund. The sex offender registry board shall account for all such fees received and report said fees annually to the secretary of administration and finance and the house and senate committees on ways and means. [ Second paragraph as amended by 2010, 112, Sec. 3 effective May 22, 2010. For text effective until May 22, 2010, see above.] The sex offender registry board may waive payment of said sex offender registry fee if it determines that such payment would constitute an undue hardship on said person or his family due to limited income, employment status, or any other relevant factor. Any such waiver so granted shall be in effect only during the period of time that said person is determined to be unable to pay the sex offender registry fee. The sex offender registry board shall establish procedures relative to the collection and waiver of such fee by regulation. Said sex offender registry fee shall be collected and retained by the sex offender registry board. The sex offender registry board shall account for all such fees received and report said fees annually to the secretary of administration and finance and the house and senate committees on ways and means. Michigan: MCL 28.725(a) (This is section 5): (2) Upon the release of an individual registered under this act who is in a state correctional facility, the department of corrections shall provide written notice to that individual explaining his or her duties under this section and this act as amended and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (6) or section 7(1). The individual shall sign and date the notice. The department of corrections shall maintain a copy of the signed and dated notice in the individual's file. The department of corrections shall forward the original notice to the department immediately, regardless of whether the individual signs it. (6) Except as otherwise provided in section 5b, beginning October 16, 2004, an individual who reports as prescribed under subsection (3) and who has not already paid the fee prescribed under section 7(1) shall pay a $50.00 registration fee. An individual shall only be required to pay a fee once under this subsection. (In the past the fee was $35.00, the new statutes raised the fee. Some folks had paid the $35.00 and were told it was a ONE TIME fee, so they do not have to pay it again) -- Next is the disbursement of the fee MCL 28.725: (1) Of the money collected by a court, local law enforcement agency, sheriff's department, or department post from each registration fee prescribed under this act, $30.00 shall be forwarded to the department, which shall deposit the money in the sex offenders registration fund created under subsection (2), and $20.00 shall be retained by the court, local law enforcement agency, sheriff's department, or department post. Next is NEW registrants MCL 28.727 (This is Section 7): (1) Registration information obtained under this act shall be forwarded to the department in the format the department prescribes. Except as provided in section 5b(3), a $50.00 registration fee shall accompany each original registration. All of the following information shall be obtained or otherwise provided for registration purposes: Now the ODDBALL statute: 28.725c Fee collected by department of corrections; prohibition. Sec. 5c. The department of corrections shall not collect any fee prescribed under this act. Fees are for community purposes not for DOC purposes. NOTE: From the tone of a January 2012 article on compliance/ gestapo sweeps, it would seem Michigan is a state that regards failure to pay fees as "Failure to Register." Oregon: ORS 181.598-- Registration forms; state police to provide; fee. (1) Agencies required to register offenders under ORS 181.595, 181.596 and 181.597 shall use forms provided by the Department of State Police. The department shall include places on the form to list all the names used by the offender and the address of the offender. No later than three working days after registration, the agency or official completing the form shall: (a) Send the original copy of the registration form to the department; or (b) Forward the registration information to the department by any means and, within 10 working days after registration, send the original copy of the registration form to the department. (2) If the person is no longer under supervision, the department shall verify the residence address of a person determined to be a sexually violent dangerous offender as defined in ORS 137.765 every 90 days by mailing a verification form to the person at the person’s last reported residence address. No later than 10 days after receiving the form, the person shall sign and return the form to the department (3) The department shall assess a person who is required to report under ORS 181.595, 181.596 or 181.597 and who is not under supervision a fee of $70 each year. Moneys received by the department under this subsection are continuously appropriated to the department for the purpose of carrying out the department’s duties under ORS 181.585 to 181.587, 181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.601, 181.602, 181.603, 181.604, 181.605, 181.606 and 181.820. [1995 c.429 §3; 1999 c.626 §§6,7; amendments by 1999 c.626 §30 repealed by 2001 c.884 §1; 2009 c.204 §8; 2009 c.713 §15] Utah: Utah Code 77-27-21.5 -- (30) (a) Each offender required to register under Subsection (12) shall, in the month of the offender's birth: (i) pay to the department an annual fee of $100 each year the offender is subject to the registration requirements of this section; and (ii) pay to the registering agency, if it is an agency other than the Department of Corrections, an annual fee of not more than $25, which may be assessed by that agency for providing registration (b) Notwithstanding Subsection (30)(a), an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee. |