The federal government yesterday published in the Federal Register proposed changes to the Sex Offender Registration and Notification Act (SORNA). The changes encompass a total of 93 pages and include a wide range of topics, including retroactivity, tier levels, professional licenses and travel (both domestic and international). Replies to the proposed regulations are due no later than October 13, 2020.
According to the proposed regulations, SORNA will apply to all individuals convicted of a sex offense, including those convicted before it was enacted. The federal government claims to have this authority due, in part, to the U.S. Supreme Court decision of Smith v. Doe, which declared that registration did not constitute punishment, but was instead merely an administrative requirement.
“Because the proposed regulations include so many pages citing their authority to apply SORNA to individuals convicted before it was enacted, it appears that they are concerned that this matter could be challenged in court,” stated ACSOL Executive Director Janice Bellucci. “It is possible that ACSOL or another like minded organization will do so.”
According to the proposed regulations, SORNA requires all registrants to comply with its requirements “regardless of whether a registration jurisdiction has substantially implemented SORNA.” This statement is important because currently only 17 of the nation’s 50 states have substantially implemented SORNA.
The proposed regulations repeat that the federal government places registrants in three tiers. Those assigned to Tier 1 must register for 15 years while those assigned to Tier 2 must register for 25 years. Individuals assigned to those tiers may reduce their period of registration based upon a list of factors. Individuals assigned to Tier 3, however, must register for a lifetime.
The proposed regulations require additional information regarding employment, including whether a registrant has one more professional licenses.
“If the proposed regulations are adopted, we can expect the federal government to notify states that have issued a professional license to a registrant,” stated Bellucci. “We are concerned that the states will, in turn, revoke those licenses.”
According to the proposed regulations, individuals will be required to notify their local registration office if they leave the jurisdiction for seven days or longer. This requirement is proposed allegedly in order to protect children who reside at the location(s) where a registrant may visit.
The proposed regulations also address overseas travel for those subject to the International Megan’s Law. Specifically, the regulations will require registrants to provide additional information to the federal government regarding their overseas travel such as whether they have dual citizenship and/or a passport issued by another country.
“ACSOL began its discussion of the proposed regulations on the same day they were published,” stated Bellucci. “ACSOL will formally reply to the proposed regulations as an individual organization or in collaboration with like-minded organizations.”
Any individual that would like to volunteer to work with ACSOL on this effort should send an email to service@all4consolaws.org
Proposed rulemaking – SORNA – Aug 2020
@Janice Bellucci and/or Anyone Who Can Speak to This Fear:
Reviewing SORNA internet disclosure guidelines, it says states have discretionary ability to exclude Tier 1 registrants: “The first of these is “any information about a tier I sex offender convicted of an offense other than a specified offense against a minor.”
But the definition of “specified offense against a minor” includes CP possession.
Here in CA, registrants who had misdemeanor CP possession have not been posted on the internet. In the Tiered Registry Law, that remains true as they are Tier 1 and not felony CP. But according to SORNA, this offense would be subject to the registrant being posted on the internet (?).
So if these rule changes go into effect, does that mean that Tier 1 misdemeanor CP registrants are going to be posted on the internet, either at the state or federal site level?
Thanks for any guidance or insights.
@TnT. I’m sure as well as others see your view point on this ordeal of this unconstitutional issue of many of these issues and with this SORNA law in this perticular position. Why this SORNA thing to me was a monkey wrench thrown into the pot it seems now it is having a glitch. Government has always wanted to cover up mistakes. If one would ask is Government out of Character. One would suppose one could be all out of charactor and have some devient behavior issues. Even in law it happens. The law is not perfect in many civil issues. Even Janice can tell you that.
Are law’s created equal? Is one’s defense attorney no better than the other? True understanding come from the bible and remember their is one greater than Solomon that has came and yes he full filled the law. It seems this whole sex offender issue is wrecking havoc all over. So were do we go from their. Civil government and checks and balances that we all should have learned in American Government or do they still teach American Government in school.
TnT this life long offense label or labeling is a bit out of character in much of this registry issue or did government predict this pandemic. Your views seem good and yes I respect that like I respect Suzie’s view’s for speaking out. Justice is for everyone, that thief on the street, that who done it murderer person, or that person that slams his or her car into another or causing an accident. And yes accidents do happen. Nobody is perfect and we all still have “In God we Trust” on the dollar bill and at one time they wanted to take that away.
Make others can give a better take on this issue of SORNA.
Punishment?
““[o]ur interpretation of the SORNA provisions at issue in this case in no way means that sex offenders will be able to escape punishment for leaving the United States without notifying the jurisdictions in which they lived while in this country.” 136 S. Ct. at 1119. “
Jeffrey Epstein made a mockery of SORA thanks to his money and private jet; lets face it, it’s the truth. He could leave the country and come back so often without a problem and they found passports in his safe. This is what this is about.
He embarrassed Bill Barr and the system. Epstein showed up the flaws.
I’m sorry Epstein is dead because if anyone out of most us deserved to get locked up for good it was him. He took the easy way out even if murdered. We all now pay the price. As far as Ghislaine Maxwell goes, I’ve just lost my pity for her.
@JohnDoeUtah. That is liking a fishing expedition and making a great catch. Sure punishment is punishment. Isn’t this pandermic a type of punishment or a wake up call in many ways. Has government turned its back on many.
People wanting to kill themselves over this. See evil can create evil if one lets it. Are authorities abusing their power in many ways with much of this registry issue. Sure I said foul words in my ordeal. Even the police personal wanted to know why I wanted to talk to them on the telephone and I just told them to hear their voice which was not a teenager.
The second night I got so upset on that adult chat site thats when I made a decision. The police said to me… I’ll think of something to charge you with. Seems someone was putting their duck’s in one basket and than the same officer offers me a plea deal with a wink and a smile which made me a bit more upset when they seemed to had all the methods of their misgivings under control. See much of this ordeal or punishment is about control and their was no teenage person involved.
I have two more years left on my probation and yes a lot can happen but I’m not going to kill myself over this. Sure we all can thik of the worst before the sunsets. One person taslks about the Epstein guy on here and many others are pissed and it seems standing up is good to be heard in a lot of these ordeals.
Nothing wrong with telling the truth will come out in the end. Even the bible says why go to court in front of the unjust but their are times when others take advantage of others and when authorities take advantage than someone’s on the warpath for civil rights and true justice for all. I just hope my story helps others.
And yes a bit of spiritual understanding goes a long ways.
While poking around for some other SORNA info, I stumbled across mention of something called, “The SORNA Exchange Portal.” It took me a bit to get the document due to many broken links on the DoJ’s site, but I finally managed to massage my G00gle search enough to find it. It’s a one-page flyer talking about what the Portal is. I’ve uploaded it to ufile.io for anyone interested (https://ufile.io/rdghqfou).
This document makes me wonder if DoJ either plans to phase out the Portal (doubtful due to the loss of info sharing) or is not content all the proper info is being shared as desired or required. I believe the new “specifications” of compelling RCs to register out-of-state employment and schooling info in person in the states where employed or enrolled is DoJ’s way of getting some redundancy for the Portal information. It also, of course, serves as a way to fact-check what’s stated by the RC and what’s shared between States. It is possible, after all, that a State could fail to send info, a State could fail to check for info, or both. Thus, the new burden placed on the RC. As previously posted, these new burdens may prove to be incredibly onerous for some circumstances. It certainly reduces incentive to work for a company or to enroll at a school in a State that’s more than a reasonable drive away.
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@Janice Bellucci:
Is the existence of this Portal perhaps something that could be helpful in a possible court challenge regarding the proposed in-person requirements for employment and schooling? It would sure seem the Government is creating an affirmative disability despite already having a working system.
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Tnx @ Saddles , i sure hope they can not force people on it that were convicted well before this sorna was ever even adopted . We are in the middle of a war that has taken years and a federal Judge has just ruled they can not retroactive 25 years to life or retroactive the 2006 or 2011 registry to people who have already been sentenced or served there time .
I haven’t posted in a longtime, but this news made me come out of the woodworks, and it should do the same to everyone that has been a lurker.
If I’m not mistaken, this is going to affect all RSO throughout the country one way or another. This is the time all ~1 million of us need to unite. If you include family members, that number would balloon to unimaginable numbers. If these are registered voters we could be a force that politicians across the country will finally acknowledge.
@ interested party. I’m just a simple person and yes we can all get involved in many things for many reason’s. I’m sure we all have good intentions and values in many ways. Heck I even like Will Allen and we’ve had a few jokes or two on here but the fellowshipping is great with all the guys and gals on Janices form. Many are like peace, love and happiness and just want to be left alone. Hope he’s still ok, haven’t seen him on here for a long time.
Many times we can all speak to soon and yes respecting others even authority is good. Many of you all make good points and i’m impressed at times in trying to understand all this. This article about this tier issue and these proposed changes to SORNA laws is interesting even for one’s State. yes we can all speak too soon or out of our own understanding and we all can be just as wrong at times. Here are some guide lines that may help in many of the cases one is going thru and yes speaking up is very important. Now one can take this for what its worth but principals are always involved…
Christians should resist a government that commands or compels evil and should work nonviolently within the laws of the land to change a government that permits evil Civil disobedience is permitted when the government laws or commands are in direct violation of God laws and commands.
If a Christian disobeys an evil government, unless he can flee from the government, he should accept that governments punishment for his actions.
Christians are certainly permitted to work to install new government leaders within the laws that have been established.
And yes, Christians are commanded to pray for their leaders and for God to intervene in His time to change any ungodly path that they are pursuing:
So if a lot of this in direct violation to Gods’ law than one should understand that a weak person can be lead away by this vain ordeal. Janice correct me on much of this.
https://letgodbetrue.com/proverbs/index/chapter-17/proverbs-17-4/
It means it’s time to get rid of the 3 branch system. The participants are only leapfrogging each other term after term anyway. They’re too far up the pyramid to care what they’ve done to the peasants at the bottom.
It almost could’ve worked. But then lawmakers couldn’t stop making laws. And not just any laws, criminal justice had to become commercialized and “sex offense legislation” became a hot item to sell. Then take said legislation and cutoff any argument at the knees by saying “bubububuh it’s for the victims”. So now you’ve pinned down the executive branch who just wants to pander to the voters, and the judicial branch who smells what’s cooking but won’t easily take sides with the unpopular “sex offender” defendant.
So if they can’t play nice get rid of all 3. For the TRUE benefit of “The People”. It’s time, either now or watch them keep fudging things up with Prosecutor in Chief Harris. We all see what’s coming down…
Can someone tell me if 288(a) in Calif is a Tier 2 or a Tier 3 under SORNA??
Making SORNA national, a blanket rule, could run afoul with state’s jurisdictions. Remember, there are different laws for different states. For example, how can SORNA apply to a state where the age of consent is 18 years old, but a state away the legal age of consent is 17 years of age and in other states the age of consent is 16 years of age.
The application of a blanket SORNA nationally means it’s a national registry and no longer a state registry. We also know that people have won cases where they were misplaced onto the registry. Thus, anyone put on a registry for a sex crime that isn’t a sex crime in another state should be able sue the state or federal government, which the biggest issue and easiest issue that addresses this is age of consent.
I’m just looking at this from a layman’s point of view. Maybe there isn’t any relationship between a ‘National’ registry and the triggering of said ‘National’ registry via the 14th amendment?
@JohnDoeUtah ….. the feds can cry all they want that doesn’t make it constitutional , for them too give a guy 1 to 3 years in 1992 , then turn around in 1995 make a registry that states and understand it was ONLY a state registry in 95 & NO Feds, Then retroactively apply it to that person with a 25 year obligation to register , Remember this is now 3 years after he was sentenced , Then having a 25 year extension applied after he served his time .. key word .. AFTER…. serving his whole sentence, Then in 2006 Comes Sorna a federal registry… So remember he has a 25 year off date retroactively applied already ..NOW … he comes home too find the USPS has a life sentence delivered in his mail box via postman , ??? So you are telling me that the highest court of the land will allow this type of RETROACTIVE resentencing OVER & OVER & OVER ??? Well lets just remember that if it can happen too me…. It can happen too YOU . So the point i am getting at is , if they allow this to go on with the tile “SEX OFFENDER” it will lead too precedent that will in turn lead to …..EVERY other conviction title they feel they can retroactive anything too. It will only allow them too do this too ANYONE for anything . People need to understand the DAMAGE this will cause its as Justice Roberts said in his decent …… It is giving the attorney general the power of Judge , Jury , and Executioner . This will be BAD for not just sex offender but all classes of offender, Bad case laws create not only a clutter of the weak system but will come back too haunt THEM as the Chief Justice predicted in his decent of Grundy . Retroactive Punishment is UNCONSTITUTIONAL in America ! What is Next ? I served my time 13 years before Sorna was ever even thought of , As has thousands of others have. Enough is Enough !
I’m assuming that if you have an expungement you are not considered “convicted of a sex offense” on the federal level. Does anybody know? So if you live in a state where you don’t have to register because it was expunged then the federal rules don’t apply….
This may have already been stated in another Comment. (I have been reading the comments as best as I can…. but their are so many and growing). So in case it has not been specifically mentioned yet; I’m expressing my disgust, with my interpretation of this matter.
I am beyond livid, that I can’t even think rational, to accept this load of trash. I am sick & tired of trying so-hard to be a better person and be a great contributor to my community, state and country. I have an excellent relationship with so many friends (some even police officers) who “believe and support me”; and are appreciative of my positive motives to move “onward & upward” from my Past. All of this to finally “reach the goal post” in a couple years to finally come off Probation; along with Registry.
All I see is this new bullshit destroying what I have been working towards.
What I foresee is (of course there are many ways this can ultimately “Pan-out” with the States, etc…… which MOST are all negative). I foresee at a MINIMUM that no matter what a State does (including Non-compliant) will be this Federal bullshit will “hang” over each & everyone of our heads forever.
For example: My conviction is out of New York. I received a Certificate of Relief from Disabilities, etc ; so my “Rights” have been Reinstated. So under New York; if I wanted, I could be Licensed to have a fire-arm. BUT because of the Federal limitations; I can not. So I foresee that even if you finally get-off registration in a State; because of this Federal shit will essentially keep you “on”.
And this is the tip of iceberg. I sick and disgusted everyone is “treated as a wide-brush” instead of only TRUE dangerous individuals under these conditions.
I especially like this part “The rule will facilitate enforcement of SORNA’s registration requirements through prosecution of non-compliance sex offenders… By providing a comprehensive articulation of SORNA’s registration requirements in regulations addressed to sex offenders, it will provide a more secure basis for prosecution of sex offenders who engage in knowing violations of any of SORNA’s requirements…’.
Dear Government Ass-Hats,
You failed at the most basic level to understand that there are so very many multifaceted, multi-jurisdictional, multi-level, and multi-timeframe requirements, which are never articulated to individual offenders that there is absolutely no way for them to know if or how they may be violating many of these regulations that a various government jurisdictions continue to create year after year.
Many of us have served many years more then sentenced by a judge or jury in a constitutional court of law, I myself have served 10 times the maximum time i was sentenced too by a judge, It is sad what they have gotten away with over the last 30 years with these sex laws, they take laws that need little no no more then he says she says B.S that in most cases they do not even need a day or time like my case , and turn them into a life of hell . i was 19 years old in 1992 was sentenced too 1 to 3 years , did my time , then years after added to this life of hell registry , since then every few years these jack asses add more B.S and more B.S . Via Reneged Politician . The judge that sentenced me would have never agreed to life on a registry but because they get away with retroactively applying this shit to people after they have served there sentence, there will be millions on this registry.. millions ! its sad but true i have been saying for years this will change , hold on…. but no matter how much you try to be a better person they take you three steps back trying to destroy or disable. Its Sick ! I agree we must unite or we will be all one day stuck in a politicians farm house cellar and starved too death , That is coming next. All our government does is hold us down .
P.s my bad i said Renegade Politician …. I am sorry that was back in 98, 2000 , 2003 then it went to state corrupt attorney generals from 2006 , 2008, 2011, 2016 ….. Now people we have advanced too 2020 and the torch has been passed to a federal Corrupt attorney general who supports QAnon B.S… Were Doomed ! Quasi-government at its finest 🙂 Next thing we know 2022 the Pillow Guy will be a law maker passing out retroactive punishment .
As promised earlier this is the decision I references. This decision comes from Michigan’s E.D. Federal Court. In this decision the Plaintiff argued that federal SORNA did not apply to him because Michigan had removed him from the registry. He also cited Does v. Snyder, showing SORNA was unconstitutional.
The federal district Court reject all claims. It stated that Does v. Snyder only applies to Michigan SORA, not Federal SORNA, and that he had a separate obligation under federal law to register in Michigan even though Michigan had removed him from the registry.
https://mitchellhamline.edu/sex-offense-litigation-policy/wp-content/uploads/sites/61/2019/10/Opinion-Order-Granting-MtD.pdf
Who is pushing this insanity? Who is behind it? What are the names of the people that are driving this train wreck? We need to know who they are and go after them. Get them out of office smear the reputations what ever it takes. Right now all I see is an invisible blob that is wanting to kill us all. We need names so we can defend ourselves.
The description and text of this proposed rule refers to “public safety” more than a dozen times. And yet, as we all know very well, those who have been convicted of sexual offenses have an extremely low recidivism rate and pose very little threat to public safety. All this crap is constantly being thrown at us all based on the public safety myth of “frightening and high”. 🤥🤥🤥🤥🤥
At what point, does a judge(?)…. the AG(??)…. Congress(???) …. finally say “Stop already!! We have enough laws, statutes, rules, regulations, restrictions, administrative directives on the books addressing sexual offenses and all that comes after!” ???? 😠😠😠😠
Does Sorna internet requirement include california? We had this law passed in an election initiative about 10 years ago. We were made to give emails and any identifiers but the california supreme court ruled it unconstitutional and an infringement of freedom of speech.
@ JohnDoeUtah … thanks , but 🙂 one thing you have forgotten in this case is, it has not been ruled on by the highest court yet??? So with that said, does vs snyder has 🙂 Keep fingers crossed so long as by the time it makes it to the chief justice Willie Barr Wonka has not replaced Roberts with the pillow guy.
Let’s play make-believe. In this story, there are 3 different types of States in the country:
1) Freelandia doesn’t have any State laws regulating sex offenses or ex-sex offenders. It has no registry and simply allows free people to live freely. It is 0% SORNA-compliant.
2) Wishywashington has some State laws regulating sex offenses and ex-sex-offenders. It allows some things to be ignored but enforces some other things. It is greater than 0% but less than 100% SORNA-compliant.
3) Siegheilland (also known as the Alito Islands) has a plethora of State laws regulating sex offenses and ex-sex-offenders. It doesn’t omit anything unless the federal government says so. It is 100% SORNA-compliant. Nobody ever moves here, only away, due to its oppressive systems and laws.
In Freelandia, every single RC, from far and wide, isbe unable to comply with SORNA because the sole conduit of information, the State, makes it impossible to do so. It has no system or agency to handle any of it, so RCs are prevented from complying with SORNA. Yet never does a single RC ever fear or suffer prosecution by the Feds for FTR under SORNA, because 18 USC 2250(c) says the RCs have an affirmative defense.
In Wishywashington, things are a bit different. Here, the RCs must report a handful of items to the State, which then reports them to the Feds. There are some items the RCs are federally required to provide, such as Internet IDs, but Wishywashington refuses to collect the information. By refusing to collect these bits of information, Wishywashington has made it impossible for the RCs to comply with those portions of SORNA. Once again, 18 USC 2250(c) protects the RCs regarding those missing pieces of info, because the State prevented the RCs’ compliance. As well, once Wishywashington tells a RC s/he no longer needs to register and will no longer collect information from her/him for its registry, the RC is protected under 18 USC 2250(c) because the State is preventing the RC from even attempting to comply (i.e. it’s impossible). Years later, a RC receives a letter from the Feds saying s/he is required to register. Concerned, the RC contacts the Wishywashington SORA people and is told the State had 18 months earlier changed its procedures and started allowing, but not requiring, “expired” RCs to come in to provide federal information. Instead of posting the information on its registry, the State would only report the info directly to the Feds and be done with it. Since Wishywashington was no longer interested in the RCs due to their having satisfied the State laws, it didn’t notify “expired” RCs of the change. The Feds, always a little slow to respond, failed to notify RCs for a full 16 months after Wishywashington had changed its procedures. Despite there being an 18 month window where “expired” RCs could have and should have been complying with SORNA via the State’s direct-to-Feds system, not one RC is prosecuted for ignorance of Wishywashington’s changes because they were protected by SCOTUS’ Lambert v. CA ruling in 1957. Once they received the letter from the Feds, however, they now were made aware and were no able to comply fully with SORNA. As such, there was a mad rush to register for the next three days.
So ends our make believe. Oh, one more thing. There’s actually a fourth State that’s even worse than the Alito Islands. It goes well beyond SORNA, and then some. The name of that State? Florida.
Prosed changes to this SORNA act or law that they have published. Guys what is this all about some public military change or outcry updating this tomb of doom for some. I’m sure someone would be supprised to getting caught with their pants down but much of this is a bit radical and very cheesy for anyone that calls themself Christian in any police force.
Seems they have taken a lot of commandments that they are suppose to adhere from the bible and twisted them all around for round two updates in this sex offender ordeal which is so unbalanced. Many of us shouldn’t even be on the registry. Hey I mentioned a 6 month jail term or fine but jail time and life time supervision, monitoring is a bit much.
Sure this tier issue can be at times a guessing type match up. Guess a dope smoker would be on a tier of their own with a collection of CP movies to back it up and a whole stash of pulp magazines. One just wonders who’s naked today.
From busting pot smokers and dealers in the 60’s and 70’s to CP via the internet today sounds like a gold mind out in California and other area’s. A key to a lot of this is the encounter and set-up. So who is using christian principals today. Those without sin cast the first stone. Guess that has no meaning today with this internet set up. Inducing and Enticing are two different elements. Example the devil tempting Jesus so who are authorities tempting? On the internet anyone can pretend but breaking someone like this is a bit much
Yes we are all carnal so someone is taking advantage of someone or is it all about kids, job security, how many score’s they can rack up in one nights catch all. So what is public safety today? Wearing a mask to work. I can remember Jesus example of one becoming as a little child but in the bible the authorities thought he was gonna hurt the children and yes I’m sure they were ready to arrest. Much of this registry if not all makes no sense.
And to beat it all they are just as guilty so nobody wins except the one’s the authority’s put in bondage. So yes theirs your two wrong’s don’t make a right. If one can show me or others any proof in the bible where they are not breaking God’s law in this pretentious manner than I’m sure we all will be a happy camper.
This is all I’m going to say on this topic article.