The federal government issued proposed regulations to the Sex Offender Registration and Notification Act (SORNA) last month that, if adopted, would create uncertainty in the lives of registrants throughout the country. That is due, in part, to requirements upon individuals that require state action which states may or may not be willing to take. For example, individuals in many states are currently required to register only once a year, however, the proposed regulations would require some of the same individuals to register four times a year. If a state refuses to register individuals four times a year, those individuals could be subject to federal prosecution and a federal prison sentence up to 10 years.
Below is a brief description of topics addressed by the proposed regulations which may or may not be different than an individual’s current registration requirements. The federal regulations, if adopted, would provide the minimum requirements for registrants and would allow state governments to add additional registration requirements.
ACSOL is leading a group of legal professionals from several states that will provide a substantive reply, including legal challenges, to many of the proposed SORNA regulations. The group is meeting on a weekly basis and plans to file a joint reply to the federal government no later than the deadline of October 13, 2020.
Section 72.3
Federal law, that is SORNA, will apply to all individuals convicted of a sex offense regardless of when the offense occurred and whether the state where the offense occurred has implemented SORNA. There are currently only 17 of 50 states that have implemented SORNA.
Section 72.4
A registrant must register in every jurisdiction where he/she resides, is employed, and/or registers as a student. Registrants must also initially register in the jurisdiction where he/she was convicted.
Section 72.5
Individuals assigned to Tier 1 must register for 15 years, however, that period of time can be reduced to 10 years if he/she has a clean record. Individuals assigned to Tier 2 must register for 25 years. Individuals assigned to Tier 3 must register for life unless an exception applies and then registration is limited to 25 years. Individuals must begin to register upon release from custody or upon sentencing. Individuals will be assigned to tiers by the federal government, not by state governments, despite the fact that all registries are operate by state governments, not the federal government.
Section 72.6
Registrants must reveal their name, date of birth, social security number and all aliases when they register. In addition, registrants must disclosed “remote communication identifiers” used on the internet or in telephonic communications or postings, including email addresses and telephone numbers. Registrants must identify their residence address, name and address of employer, name and address of place where registrant will be a students, specific information regarding international travel as well as vehicle information for cars, watercraft and aircraft owned or operated by the registrant. Further, registrants must notify local law enforcement if they stay away from their residence for 7 days or longer even if staying in the same town and/or state as well as disclose information regarding any passports or immigration documents issued by other countries.
Section 72.7
Registrants must register before release from custody or within 3 business days after sentencing. When registering, registrants must allow the registering agency to take their photograph, to verify information in the registry, to correct information that has changed, and to report any new information. Registrants assigned to Tier 1 must register once a year. Registrants assigned to Tier 2 must register twice a year. Registrants assigned to Tier 3 must register four times a year. If a registrant changes his/her name, residence, employment or school, he/she must register in the new jurisdiction within 3 business days. In addition, registrants must notify their current registration office if they intend to establish residence, employment or school prior to their departure. Registrants must report their intention to travel or to move overseas at least 21 days prior to departure.
Section 72.8
If a registrant knowingly fails to register or update his/her information in accordance with the provisions above, he/she may be liable under federal law for failure to register. The penalty for failure to register is up to 10 years in federal prison. If charged with failure to register, a registrant may assert one or more of the following affirmative defenses: uncontrollable circumstances prevented compliance with SORNA, the registrant did not contribute to the creation of those circumstances and the registrant complied with SORNA as soon as circumstances preventing compliance ceased to exist. In addition, SORNA compliance shall be a condition of federal probation, supervised release, or parole and failure to comply with SORNA shall be basis for revocation of release from custody.
The word for today is Proposed. Anyone can propose. One wonders today it its the same usage as back in the colonial days. One talks about NASA and this space issue on here. Many talk about this tier plight. Yes myself I had a proposal myself but it wasn’t the proposal that many look for.
The proposal in my ordeal came in the form of a plea deal. Sure I can hear that detective say if you plead guilty, I’ll talk to the judge and the prosecuting attorney for you. I’m sure thats on a covered up record somewhere in Virginia.
Sure I took a plea deal at the time. Was true justice being served or should we all start talking about a class action lawsuit in a lot of this confusion or just to get much of this registry abolished.
That’s why I’m impressed with many of these advocates like Janice, Derek, Robin, Yellowrose and the many others that are against this unconstitutional/plight fight, for all in ones true liberty of truth justice for all in this equality of equal justice understanding for all.
Talk about taking S.M.A.R.T. laws out of promortion ot character in unseemly many ways of these unwanted sex offender ordeals. Janice when I takng my courses in college, one didn’t have anythng like this but in many ways one should look at this as a projection and look for the best to come of the worst case senerio’s. Guess should still walk the line as johnny cash would say.
I knew my tongue was pretty graphic during my ordeal but I still had what faith I had.
🤔 It’s a tough choice, but I think Section 72.6 is my favorite. There’s enough real life “but what if”s in that Section to drive through – or park – all the “cars, watercraft and aircraft owned or operated” by every registrant in the United States!
* WORK ADDRESS *
I’m employed by a large engineering and electrical contracting firm based in the City of Pasadena (jurisdiction: Pasadena Police Department), but as an electrician, I report to work each day at the company’s warehouse located in Glendale, California (jurisdiction: Glendale Police Department), before going to the job site – where I will be all day long – in an unincorporated Los Angeles County area of San Fernando Valley (jurisdiction: Los Angeles County Sheriff’s Department) where I will be working for the next 6 months on a major construction project. So which location do I report as being my work address: the corporate address listed on my paychecks (Pasadena), the warehouse where I start my day (Glendale), or the site where I spend 40 hours a week in San Fernando Valley (unincorporated Los Angeles County)??
* WORK VEHICLES *
Each morning, when I punch my time card at the Glendale warehouse, I am giving the keys to a supply truck which has been re-stocked overnight and which I then drive to the San Fernando Valley job site. Our company has 20 such trucks working at various different locations, and on any given day, I may be assigned any one of those 20 vehicles – none of them are permanently assigned to me. Am I required to provide vehicle information for each of those 20 different work vehicles?? And if the company temporarily rents additional vehicles from U-Haul to transport extra equipment to the job site? Will I be required to register every U-Haul vehicle that the company rents that may be assigned to me to drive on any given day??
Oh yes, I will definitely seeking be clarification from the US Department of Justice on these ridiculous, excessive rules!! And I’m just getting started! 🤗
Section 72.5: …. registrants will be assigned to Tiers by the Feds….. And that Tier designation will be based solely upon conviction, I suppose – as always, no contemporary assessment of re-offense risk or potential danger to the public.🙄
David,
I would bet that everyone you could talk to would give you a different opinion. This is probably one of those questions that cannot be answered until someone gets arrested because of any of these situations and it works it way through the courts.
I am so fed up with all these new and changing regulations over and over again. What if they decide that anyone who has ever been charged with a DUI or any other criminal offense, no matter how many decades ago, now has to register with the police department and have compliance checks, etc, etc? They can’t just make up new rules every time they feel like it. This HAS to be unconstitutional. Who can stop these people? Unbelievable!
When I lived in Florida the local pd would be at my house every month to check asking me if there were any changes and left. Can’t believe a person who’s on the hit list resulting in isolation could be a threat to the community. Somethings you can’t explain except this system is complete garbage when a States website says sex offenses occur from people you know.
James I has something interest if one uses one’s takes on proposals and also takes a good look at this Humpty Dumpty proposal. Brandon’s view on Complience checks and many more of these mixed review’s on here are interesting. I even have to keep my sister in conplince and probe her brain in our phone conversations.
See many can use brain matter in the wrong way. Yes my PO at times has had a time with me in many issues that have cropped up over the years, or what is the bible all about when it says be ye perfect or does everybody take wooden nickels in justice. Hey can we all say our Government is perfect or many of these laws.
Choice of words are very important. Yes dad had to prepare many times to go to Charleston, WV to represent the Gas and water Company of that time. Janice and Chancce have to also prepare their dosa in Court efforts and yes at many times it can be an uphill battle or struggle for their client they are representing. My undersdtanding is they are throwing many on the sex offender registry under the bridge.
Today with these compliance checks or this every three months finger printing its a bit much and who’s burrowing their sword in vain in many ways. Anyone can entice in a sexual party game, or if some of you all computer people want to call it, a game of thorns it all comes down to man wanting to control others in all this understanding. Seems the human value in this sex offender tiff is out of balance on many issues even with this prison hanging over many even in this teir issue proposal ordeal.
MC you have something there also that is of value or maybe we all should go back to humanatarism 101. See its not what comes out of the mouth that always instills one on this venture of justice. Its not always the understnading of different judges in these issues or the protocal they take. Its the measure or who is overriding their biblical threshold in this court of equality.
I’m no maxfactor of science or where is the line drawn in the sand of human justice or is one shooting for a quality control moon landing when these guys mascuarde as teenagers via this computer operation. Were is the qualty check in this marksmanship of this offender issue or has government did enough damage to many in this race for their goal.
Sure anyone can propose but I propose we end as much of this sex registry for all or who said let my people go… I used a term on here AC/DC on here because one of my brothers was into electronics and is an electrician or do we all look for a brain transfsion in many area’s or is the brain a terrible thing to waste in those drug commercials of the 70’s 7 80’s . Now its this sex offender ordeal that has came upon many of these uncertain ordeals today.
This is my comment that I left at the Federal Register:
I strongly oppose the Registration Requirements under the Sex Offender Registration and Notification Act that is being proposed by Attorney General Bill Barr. It appears that his proposal has been done with little to no forethought of the logistical nightmare it will be to implement this nationwide and the punitive hardships it will have on the 900,000+ Registrants living in the U.S. The implementation of this Draconian measure will have ripple effects that will disrupt millions of lives, run up costs of maintaining such an unwieldy system, wasting valuable resources from federal agencies, and clog up courts with frivolous cases for years to come.
Here’s what I mean…
If this was to happen, which agency or agencies are going to monitor 900,000+ Registrants in all 50 states? FBI? ICE? Homeland Security? Federal Marshals? How many agents are going to be dedicated to make sure that 900,000+ Registrants are SORNA compliant? How many Registrants will each agent monitor all year round on top of their already existing workload?
Or will you start a whole new agency just for SORNA? Is there funding for this? How much will this cost us taxpayers?
Of 50 states only 17 are SORNA compliant. Has it occurred to you why that is? California ,for example, has over 100,000 Registrants living throughout its state. To implement SORNA’s minimal requirement would run up costs for California at least 4 times the amount – Registrants having to register up to 4 times a year in each jurisdiction for where they live, work or go to school, and where they were convicted. BTW, what if the Registrant was convicted in another state that he is no longer living in? For example, if this Registrant was convicted in Texas but is currently living in California, does that mean he has to return to Texas up to four times a year to re register?
Do you see the insanity of these requirements?
The current infrastructure that is in place is mostly maintained by state Registries in the form of local police and sheriff stations throughout the U.S. They occupy various jurisdictions which have different Registration requirements based on the needs of the community and the size of their budget. That last part is important because that dictates what they are capable of implementing. How will these states handle this sudden increase of workload? Where are the funds to do this?
The lives of 900,000+ Registrants and their families will be overturned by these Registration Requirements. Like I mentioned earlier, if implemented Registrants need to register up to 3 jurisdictions…that is least 3 times a year for Tier 1’s. For Tier 2’s that is up to 6 times a year. And for Tier 3’s that is up to 12 times a year. What place of employment will tolerate this much time off for the Registrant to do this? If you do not know this, then it is important to realize that employment for Registrants is difficult enough as it is being on the Registry. Mostly low income work are the only options. And on top of this they have families to support! The lives that are affected do not start and end with Registrants.
Like I stated above, what if the jurisdictions that the Registrants are unable to comply with SORNA minimal requirements? What if the jurisdiction this Registrant works in won’t accept his registration because they only accept those that live there only? What if the jurisdiction where he was convicted won’t accept him for the same reasons? What if nearly ALL jurisdictions cannot accompany SORNA minimal requirements for various reasons, like there is no budget for this? Are you going to start rounding up THOUSANDS of Registrants at a time for failure to comply? Which agency/agencies will determine this?
And let’s say, for the sake of argument, you can round up thousands and thousands of Registrants within a year, how will the federal court system handle this sudden surge of frivolous court cases? How much would this cost the taxpayer?
Are you willing to fill up prisons once again during a time when the inmate population needs to be reduced? And how much will that cost the taxpayer?
Do you not see that this proposal is nothing more than a flaccid attempt to shrug off waves of accusations from different departments of government in regards to Bill Barr’s corrupted use of his office as Attorney General? Do you people want to be part of his legacy of incompetence and corruption? Because in my estimation there is no life after Bill Barr’s tenure…
Don’t be part of Bill Barr’s folly! Strike down this proposal! It is bad for EVERYONE.
Where do the Feds even get jurisdiction in things like this? If they are relying on Interstate Commerce Clause then it seems like that is where we need to attack. No jurisdiction – no ability to set rules.
How is my walking across a state border classified as interstate commerce?
One thing I see as a positive that might come out of the recent SCOTUS appointments is their strict literal interpretation of the Constitution. It give certain specified powers to the Feds, the rest is left to the states. Interstate commerce is one of those areas, but it takes a pretty twisted interpretation of commerce to have it include a person walking across the street and entering another state.
Rather than attack the law as punishment or anything else, what about just attacking their jurisdiction?
What are the difference between this and probation or parole?
Is there no fine penalty for sorna ftr? I haven’t seen or read anything on that? My guess is because it’s a one way street to prison,all they have to do is call them education camps,just like China is doing for over 2 million of there undesirable citizens….
@ Future Seems Distant: We already have that, it’s called “civil commitment”.
When is the earliest possible date that these new regulations can be implemented? And if a registrant moves out of the country before they are implemented, will he/she be subject to these regulations regarding the notification of foreign immigration status?
On the Sorna guidelines for the public site it says this:
“Minimum Required Information
1) Name of offender
2) Physical description of offender
3) Current photo
4) Residence address
5) Employment address
6) School address
7) Vehicle information
8) All sex offenses for which the
offender has been convicted
9) Sex offense(s) for which the sex
offender is registered
10) Notice that the offender is not in
compliance and/or has absconded”
Is this true for all tiers? So everyone will have their addresses, work addresses, cars etc on the public site regardless of tier?
Sounds like punishment to me, having to register once twice 4 times or be prosecuted for up to 10 years. Sounds cruel and unusual like punishment.
SORNA and the Tiered Registry both are definitely punishment, and I don’t see how anybody can not see that. With the Tiered Registry, some will now be publicly listed on ML that have never been before and were not told at sentencing that this will be part of their sentence. Many here keep saying, that anybody can look up anybody if they wanted to. I don’t think that is true. If I want to find out something about a person, I will have to pay, at least here in Orange County. The OC court website asks for a credit card if you want to look up a person’s criminal history, and that alone will deter a lot of people. Secondly, I don’t think just anybody can look someone up, see their picture, know if they have a tattoo or scar, place or work, and home address. That is a complete breach of privacy. Sure, there is “white pages”, etc, but I can opt out of these sites. Can I opt out of ML? No! So, there is a HUGE difference.
Will ~ I think you may have misunderstood what I meant. What I intended to say was that some people think the public website is not really punishment since anybody can look up anyone anyways, and I don’t think that is true. I can’t look up someone who chooses to be private. Why should anyone be able to look up a person on the registry, especially since most have long paid for their offense, often decades ago? The hit lists needs to go. We all have a right to privacy, and the hit list violates that right since we can’t just opt out of it like on “white pages” etc. Does that make sense?
I’m thinking this might already have been addressed, but can someone explain something to me. These new regulations are meant to force SORNA on the 33 states that have elected not to adopt it. I get that. But how will the feds enforce this if those states decide they want nothing to do with it. In other words, if the feds declare this is the new law of the land, who do we report to? If you’re in a non-SORNA state, your local LE or whoever you register with surely isn’t going to be registering you on behalf of the feds. So, if the states don’t go along, wouldn’t that put ALL of us in immediate violation for failing to register under SORNA? Sure looks that way to me.
Guess we all needs a time out in this Romper room of Justice. Maybe we need to lower the microphone and let justice take its course in a more respectful debate such as we all saw I’m sure or who is mispelling a few catch pharses with this enstine theory. I didn’t come here to preach. I came to learn something about what everyone’s view’s are. Isn’t that how one try’s to make any sense out of this registry.
Maybe we should know the position of the candidate we are about to elect into office?
Start locally and work with like minded individuals.
We live in PA. My husband fell under the ruling that made retroactive law illegal. He then fell back under the older megans law. Because of that he will be off in about three years.
Will the federal law supercede PA supreme court law? Then he maybe facing life again on the possible new federal law?
All of these SORs – cities’, counties’, states’ and now the fed’s – is such an incredible cluster-fug! It’s really beyond belief!! How is one ever supposed to know all the rules, regulations, restrictions, requirements, deadlines, etc. that they are supposed to abide by????
How is it NOT punishment to subject individuals to all of this unintelligible, ever-changing bullcrap???? It’s an ever-changing maze intent on snaring anyone once convicted of a sexual offense, no matter how minor or how long ago it occurred! 😡😡😡
So my offense was for a 647.6a misdemeanor with the “victim” aged under 16 years old. Under Smart SORNA regulations does that make me a Tier III due to victim being under 16?