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
Sounds like all those 288 (a)’s in California that thought they would be off the registry after 20 years by the new tier system are now going to be on it for life. Also sounds like they’ll be registering every 3 months.
Craziness.
So given the perceived obsurdity, and additional mucking up of unclear law, does this finally open anything up for Supreme Court action?! With organizations pushing for justice reform, why wouldn’t The registry be part of that? I get that people hate the idea of RCs, but once you consider the impact of the designation on marginalized groups, and the relentless negative aspects-the perceived benefit is outweighed by the imposed damage. As awful as this all is, is there hope in fighting the constitutionality of all of this? Or is that lost? Are we just damned forever? My local PD has taken to posting RCs that are in for failure to register, riding the coat tails of the save the children propaganda. And everyone, because they are too dumb to read and understand, think they are being sought for an additional sex crime not just FTR. I’m so over this, as I know many of you are, and frankly don’t know how to cope anymore.
For those on here who are unclear that “impossible” and “prevented” are winnable situations, I suggest reading onward. I’ll skip the AG’s own words in this document that explain it, I’ll skip the US Code that provides affirmative defense*, and I’ll instead proceed to a 9th CCoA decision in our favor. The case was denied an en banc hearing and SCOTUS declined to accept the appeal.
In Martin v. City of Boise (https://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf), the 9th held that it was a violation of the 8th Amdt. to punish people for something with which they couldn’t comply. In this case it was homeless people sleeping on the streets of Boise, contrary to a Boise ordinance. In other words, when the shelters were full, the homeless couldn’t go there–it was impossible and the shelters prevented their entry. If the shelters had time limits on how long one could stay, they were thereafter prevented from continuing in the shelter.
So how does this apply to us? Well, the 9th held, “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” In other words, it’s a violation of the 8th Amdt. to impose criminal penalties (i.e. fine and imprison) based on the conduct or status of a citizen if the citizen cannot comply–such as not sleeping on the sidewalk even though it’s impossible to find a shelter bed. The parallel holds with SORNA. Using altered phrasing, “the Eighth Amendment prohibits the imposition of criminal penalties for [failing to comply with SORNA] for [SORNA-subjected] individuals who cannot [comply through the jurisdiction’s agencies or officials].”
* For those confused about what “affirmative defense” means and does. See the definition here: https://www.law.cornell.edu/wex/affirmative_defense.
The only thing I get out of all these comments is major confusion. I have enough anxiety over the registry every morning, and this thread is only adding to it. I gathered by reading most of the comments ( sorry Saddles, but not enough time or energy for yours) that no one is sure what this means or how it will affect different states or offenses. The best we can do is conjecture and assumption. One thing I have learned is that nothing will change at the federal level until it is first enacted. Basically they have to kill us before we can hope to be brought back to life.
All I know is that if the feds had their way, hundreds of thousands more would already be subjected to some heinous treatment. It’s nothing new. federal SORNA has been around going on 15 years. The only thing that has held it back so far is that there are some states that don’t want to foot the bill for massively labor-intensive, ludicrous and ineffective registration scheme. A minority of states may have a philosophical disagreement with the punitive nature of SORNA, but I’d say mostly it’s a cost thing. DC comes up with these grandiose plans, and throws the states a little bit of extra money if they comply – not even beginning to cover the actual cost.
It is debilitating to read the comments portending gloom and doom. But it’s hard not to, since it’s literally our lives on the line. A lot of people had hoped that the feds would let SORNA just fade into the background noise, acknowledging it as the failure it is. The fact they are going to resurrect it with ‘version 2.0’ and assert that it somehow ‘must’ be adhered to is a crushing blow to so many who have only been trying to live decent, law-abiding, lives. It may not be that immediately all states fall in line, but even the spectre of a renewed/revitalized push for compliance, is another potential disaster no one needs hanging over them.
I can only wonder what would be the final outcome if the states were to go ‘all-in’, as it were.
The ramifications are practically unprecedented. For those who were released from registration, never on it, or in states that have less onerous requirements than SORNA, I think the most provocative question becomes what does getting pushed into a SORNA compliance situation mean to their overall stability – livelihood and psychological well-being?
The government would be saying to potentially hundreds of thousands nationwide who have rebuilt their lives and are functioning within society: “we don’t give a sh*t, we’re going to take you down for no other reason than what we think you are, control and monitor every move you make, and stick your a** into a decade-long incarceration” if you don’t comply.
What does that do to a person in that situation? Would such person even be mentally able to comply, or just eventually give up as their life crumbles, and say “eff it – come and get me”. We can only hope the states that have not been as oppressive as SORNA compliant states will give some thought to the sh*t storm they would be unleashing if they succumbed to the pressure to get ‘compliant’.
I know waking up to the realization that your a register sexofender is hard and dealing with the fact that your personal information is blasted all over the internet for the world to see causes high anxiety paranoia fear and hopelessness..Imagine going through that emotional cocktail 5 or 6 times a day so
Its not uncommon for sexofenders to start having suicidal thoughts to end this physical and emotional torment their going through.
The horrifying truth is the system was designed to break you the IML is only here to slowly destroy everything you love including your physical and mental health .
Obviously DOJ never intended on leting sexofenders go free once their no longer custody.
Good luck
At times we can all have a monkey on our back and yes life can be cold for many if one lets it get one down. A lot of us can get down in the pitty pot and think the worst outcome with this psychological damage factor that some go thru in this offender registry ordeal.
People can bring one down if you let that person trample all over you. Even growing up isn’t a picnic for some in school systems today. With this invent of the internet this invention can be used for good or bad. So where does the answer lay. Sure we can all be deceived but if one lets something like this take control of one at a young age than doesn’t that tell them something about their life or how one should go about to change this punitive ordeal in a positive way. Should an instructure or counslor decive one in school.
4 Sensible laws gives a good evaluation outlook about all this gloom and doom many may see in this registry issue. Seems everyone looks at this registry in a negative light. Their are rules to everything but at times many don’t see the warning signs which any good moral person should give or else most of this becomes a Gun Fight at the OK coral.
An educated guess is that one doubts very seriously that a woman came up with the idea of enticing men in this whole registry ordeal via the internet. Public safety is good if it is used in the right way or should we all get air raid warnings to stay off the internet as the teen police in these chat rooms are pretending to be teens to snag you up in this ordeal by sexual persuasion or other means.
Oh and yes we do this for public safety to keep adults from talking to kids. So were does safety start at. Well school systems should preach on the subject to their students. It seems today people would rather cut off their right fingers than give up their cell phones today today. Theirs too much of this registry antics going on today.
This SORNA thing is a bit crappy of a justice measures guide as it can add fuel to the fire and who wants to be pinned down in prison if thats the issue or even by a probation violation that many may fear. See their is nothing to fear but fear itself. I’m sure one can’t even explain “why” they gave some probation or offered a plea deal when the damage was done by both parties if thats the case, but who was the more guilty.
How about if your tier 2 under snora and teir 3 with ca… then what? Lol.
We need to find a way to team up with BLM. Their cause shouldn’t be a race issue, but an overbearing government issue.
I”m sorry I posted to the wrong article to 4 sensible law in the wrong place but bo how about it. Sure if this tier issue makes the goverment happy than government needs to be changed or how about creatimg a C.T.A.J.S group. I’m sure Clean Up The American Justice system group may work. Criminal Justice needs to be cleaned up. I’m sure many would agree.
Bo and others, its not all about the criminal justice system but it is about respect or did you ever listen to Aretha Franklin. Maybe you never even opened the bible or one wonders why Jesus chose Paul. Is the Criminal Justice System getting out of hand in many measures with this sex registry issue. Isn’t that what the election is all about to clean up some of this mess today.
You guys talk about face book, is that something to worry about. I briefly had an encounter with Boz Tchividain back about 4 yrs ago and he is a grandson of Billy Graham and a sex abuse lawyer.. Abuse comes in many different forms even abuse of the tongue. I can’t get on to Will Allen, Russ, Janice,some of these women on here. One has to show some respect in any situation one is in. Correstion is good if its the right correction. Government seems to take things a bit too far today thats why voicing out is so important.
See my friend its not what comes out of the mouth its what comes out of the human heart and yes Soloman gave a good example of that. Bo its as if government is slandering one with this registry ordeal ruse in many ways all to protect some in this pretend situation. I know no other way to explain it. So either government learns by its mistakes or their might be a greater pandemic upon the horizon.
Just wanted too repost the link below for anyone who wants to leave a comment on the Unconstitutional Ex post facto so called “RULES” … “AKA NEW LAW ” that will not only effect on sex offenders lives, but will also one day effect EVERYONES lives ,Retroactive Life time Punishment is NOT Constitutional NO matter who they choose to write it, Remember if they can do it too US .. they can do it to YOU next . Everyone should take time out too make their VOICES & VIEWS heard too these BULLIES ! Everyday , As many times as you Can tell them , We will not Except this . Myself and family will write them when ever we have time until Oct. 13 . They cannt hide these , They are all on the record . Thanks , Hope it Helps ! Fingers crossed they get a Million plus comments .
https://beta.regulations.gov/document/DOJ-OAG-2020-0003-0001
DOJ SORNA comment page !
Start submitting comments and get all of your family members to do the same!!!!
https://www.federalregister.gov/documents/2020/08/13/2020-15804/registration-requirements-under-the-sex-offender-registration-and-notification-act
VERY inspiring speech by President Obama tonight. This should inpire each and every one of us to get off our butts, stand up, and speak out as Janice has been urging us to do for years. Previous generations fought fights we can’t even imagine, and many died or went to jail doing it. Here we are sitting on our comfortable couches. No one is expecting us to go march and risk getting beaten or arrested. This is our chance. This is our D-Day. This is our Rosa Parks moment. We can sit here and gripe about it, or we can DO something about it. We need to get busy. EVERYONE needs to let the DOJ know that this is unjust and will destroy thousands of lives, and that enough is enough. We have power in numbers just like the African Americans did during the struggle for racial equality during the 1950’s and 1960’s. When you think about what THEY had to endure to win their rights, it sure puts it in perspective. They put EVERYTHING on the line. We have absolutely ZERO excuse not spend the time it’s going to take to make our voices heard. There are something like one milllion registered citizens in the US. Add immediate family, you’re talking MILLIONS of people directly impacted by this who can stand up and speak out.
LET’S DO IT!!!
Smith v Doe DID NOT hold that “The Registry” was not punishment! This is a false claim that we must correct every time these scum make that claim and then move to take action based on that claim!
The court was merely referring to Alaska’s version of the registry AT THAT TIME! Which was later proven to be punishment by Alaska itself!
Smith v Doe Held: “Because the Alaska Sex Offender Registration Act is nonpunitive, its retroactive application does not violate the ex post facto clause.
The question is if the intention was to impose a punishment or “civil proceedings”. If the intention was to punish, that ends the inquiry. If the intention was to enact a regulatory scheme that is civil and nonpunitive, the Court must examine whether the scheme is so punitive as to negate the State’s intention to deem it civil. Because the Court ordinarily defers to the legislature’s stated intent, only the clearest proof will suffice to override that intent and transform what has been denominated a civil remedy into a criminal penalty. The Court decided 6–3 that the legislature’s intent was to create a civil, nonpunitive program to protect the public and that the resulting dissemination of the registration information was not significant enough to declare as debilitating.
The dissenting justices contended that the law was punitive and imposed severe deprivations of liberty. Justice Stevens’ dissenting opinion said, “It is also clear beyond peradventure that these unique consequences of conviction of a sex offense are punitive. They share three characteristics, which in the aggregate are not present in any civil sanction. The sanctions (1) constitute a severe deprivation of the offender’s liberty, (2) are imposed on everyone who is convicted of a relevant criminal offense, and (3) are imposed only on those criminals. Unlike any of the cases that the Court has cited, a criminal conviction under these statutes provides both a sufficient and a necessary condition for the sanction”.
New York courts claim SCOTUS says they can apply this registry retoactactively because it’s not punishment BUT that is NOT what the court held! Specifically SCOTUS held – “The question is if the intention was to impose a punishment or “civil proceedings”. If the intention was to punish, that ends the inquiry”
New York’s legislative stated intent is only “predominantly regulatory” (at best) it intends to help law enforcement “apprehend and prosecute” *”sex offenders”. This is coupled with the legislative goal of “enhancing law enforcement authorities’ ability to investigate and prosecute future sex crimes” against “sex offenders”! So clearly the intended target group for punishment is those on the registry!
*Keep in mind that the statutory definition of “sex offender” is any person who is convicted of a sex offense”(which includes a list of convictions that must be from the effective date of january 21, 1996)
The legislature Does NOT include convictions prior to the act’s effective date unless a person is still serving a sentence for one of the listed convictions on the act’s effective date. To bad NY courts don’t obey the words of the legislature and force those outside of NYSORA’s scope to the same punishment under the guise of SCOTUS says we can because it’s not punishment… it’s irrelevant if the legislature says they can or not! It’s also irrelevant that SCOTUS says they can’t if “the intent is to punish” ! Something is SO wrong with the entire system when those in positions of trust freely at will, break the laws they are charged with knowing and upholding ! DISGUSTING!
What is messed up. I just went to the DOJ website. more people have comment here about this crap than on the DOJ website where at least your voice will be heard.
Mike I love your answer. What is messed up. Coming from a true boy scout that would make Trump favor much of what Janice has given to all of us. We could all go back to the Garden of Eden, talk about equal opportunity, raising Arizona, or being public enemy # 1.
Mike you have a point there but were is the rabbit in this of Mice and Men Adventure Drama. I was watching that the old version the other night and are many being hunted, monitored, etc. even castrated in many of these ordeals.Speaking out is easy, understanding and using the right principals at the right time are not. I even sit here and watched many castrate this Suzie Gal that informed others about rape. Who was showing respect?
So where is respect in God and Country today when government can prostitute themselves and say its for public safety. The tragic ending of the movie was the killing of Lennie. Sure authorities may seem to kill the body but they can’t kill the soul. Do we not have a right to speak for true justice or are we all prostituting ourselves. So accentuating the positive is always good.
Put comments here, please be civil and focus on facts. https://beta.regulations.gov/comment/DOJ-OAG-2020-0003-0001
Yes , they are very slow posting comments, I have been having friends and family too comment this could be a last chance stance and the good thing is all comments are on record so they can not hide so expressing your story one day will hopefully make a difference , they only do what they do when they know no ones watching. I myself will keep writing via website and send letters via usps as much and as many as i can before the 10/13 dead line. I seen abc news did a write up on the changes as well there are a lot of comments on that and Washington times , both saying it will add 500,000 plus more on the registries retroactively. Not sure how they have allowed this to happen giving the attorney generals this kind of power is very dangerous . Total abuse of power to retroactive life sentences to people who have for years already served their sentences . In some cases decades ago like myself .
Sex offenses are committed by first time offenders and those that have committed a sex have low rates to re-offend. Even DOJ own site states that why doesn’t Attorney General Bill Barr get rid of the wasteful and useless SORNA; which is modern day human trafficking. SORNA is all about control of a growing population; while all the government is doing is abusing their citizens. You government are no different than a rapist, using power and control over another person. I’m not the government’s pool boy, so stop the abuse!!
I’m going to sue the living blazes out of the felons in office . http://www.SpeakAgainstTheCharges.com exposes the 20 years of criminal acts by Court officers in Michigan.
They ALL belong in Federal Prison
Heck v Humphrey does not shield fraud on the Court BY Court officers , police , prosecutors , judges , ‘defense’ attorneys, clerks , staff attorneys, etc
Willman v. U.S. Attorney General, No. 19-2405 (6th Cir. 2020)
https://law.justia.com/cases/federal/appellate-courts/ca6/19-2405/19-2405-2020-08-26.html
This ruling came out on 26 August 2020.
In reading it, it seems that they not only dismissed his claims but body slammed them.
It also seems they are paving the way for a federal registry based on if someone was convicted of a sex crime.
@JohnDoeUtah, I think we do find there would have to be a federal legislative change to make 13-16 Tier III. In the end though isn’t that just an exercise? The legislative branch can and probably would change it anytime they want since if not punitive, they could make even a currently Tier I offender a lifetime registrant whenever they please. And I do fall under the category of Tier II statutory and Tier III if you go by these guidelines that SMART issues and has no statutory basis. That said the Willman ruling is extremely concerning to me as well as the write up from NARSOL. They are doing everything to stack the deck even more against all of us and even more to try and put those of us no longer on a registry most of those who have not had issues for years. That in and of itself is absolutely ridiculous. I can tell you though that I will not be re-registering without a huge fight but I think all of this is going to force the Supreme Court to look at everything in the end because one can not even make sense of all of it. This case law being created recently should be concerning to people who have nothing to do with the registry as well. Its such a slippery slope, and much of this language used will be able to be used to justify registries for all kinds of other things in the future maybe not even after commission of specific criminal offenses. For example, could one not take someone with a mental illness and no criminal offense record but who has exhibited some sort of criminal thought to be a danger to society as someone who should be registered and tracked using the same language in most sex offender case law that has been created including that in Smith V. Doe?
Honestly, for 20+ years, I have done my best to exercise due diligence and stay informed about all the various laws, requirements, regulations, rules, restrictions, etc. that apply to me as a Registrant. But with this proposed rule (which is actually many multiple rules) from the AG, along with the recent decision out of the 6th Circuit Court, I am truly overwhelmed, frustrated and fed up. Every year there are new rules and restrictions and requirements to be aware of. Now the federal government wants to overlay its rules on top of all the State requirements – yet not nullify all the myriad requirements of all those 50 States. This is all becoming truly absurd and untenable.
How in the name of God is any one individual expected to be able to be aware and compliant with of all the various many laws, requirements, regulations, rules, restrictions, notifications, time limits, deadlines, etc…… especially when new ones are being added or old ones being amended every year??? 😖😱🤯 SOOOO FRUSTRATED!!!
Hello all, new here.
I am somewhat confused/alarmed by how this interacts with international travel if one is in a non-SORNA-compliant state. I recognize that it being impossible to notify accordingly is an affirmative defense against federal FTR, but even if the case would go nowhere because I could enter that affirmative defense, would an arrest and charge still be possible/likely at the airport as I try to leave, because now I am under federal jurisdiction?
Let’s make this slightly more concrete. Suppose it is impossible for me to notify my state of international travel, at least in a way adequate to SORNA/shared with the feds. Further, to simplify things, suppose there is no question of my being allowed into the destination country, that I am a dual citizen or have permanent residency even with that country’s preexisting knowledge of my status and having been notified in the past. I make a good faith effort with my state to notify but am refused. I then head to the airport. What is the risk that I get picked up by the feds at the airport and thereby prevented from my travel, even if I have an affirmative defense I can enter against the actual charge? If so, how am I supposed to leave the country unless ironically the state becomes willing to supply the information to the feds?
Thank you for any clarification. This has been enough of a headache already.
I suspect the reason for the introduction of these new DOJ AWA rules is quite simple: the feds themselves are finding all of the different rules, regulations, requirements, restrictions, timelines, deadlines, etc. – from the thousands of different States, protectorates, tribal lands, counties, cities and townships to be entirely unintelligible and unmanageable.
So, in order to solve THEIR problems, what else do they do ….. but create EVEN MORE rules, requirements and restrictions!!!
Government at its finest! 😠😠😠.
(Sarcasm intended.)
How is this freedom??
How is this NOT PUNISHMENT??!!