MSC: Court must warn CSC defendant of mandatory lifetime monitoring

A trial court must warn a criminal sexual conduct (CSC) defendant that his guilty plea carries with it mandatory lifetime electronic monitoring by police, the Michigan Supreme Court said in People v. Cole.

The decision is the latest extension of the U.S. Supreme Court’s 2010 Padilla v. Kentucky decision, in which the high court ruled that a defendant must be informed of the mandatory immigration consequences of his guilty plea, because the mandatory consequences were a direct consequence of the crime.

It’s not the first extension of the Padilla rule in Michigan. In People v. Fonville($), the Michigan Court of Appeals ruled that mandatory sex offender registration is a direct consequence of a  conviction, thus the defendant had to be warned of it before he pleaded guilty to child enticement and kidnapping charges.

In February, the Court of Appeals ruled in People v. Gomez($) that the Padilla rule can’t be applied retroactively. Leave to appeal that decision to the Michigan Supreme Court is pending.

Earlier this May, the Court rejected a proposal that would have created a Padilla court rule.

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