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.
So, section Section 72.8 and everything above it related to much more stringent requirements: California doesn’t currently require any of the above. Will the feds go after people in CA if CA continues to not do any of this? Like, under this new SORNA I’m likely T2, maybe T3. Is me asking “Do I have to come back in 3 months” and them saying “no” a sufficient defense of not registering more than the once a year CA currently requires?
I honestly don’t see CA even remotely complying with any of this, as Chance has mentioned. This would more than double the amount of times CA would need to register people (at least once for all 110k people, plus another 120k times for all the 40k 288’s who’ll now have to register 4 times a year, plus whatever number would have to register twice a year; which probably means it would more close nearly triple the amount of annual paperwork for the state). Plus now suddenly needing to collect all internet information suddenly from 110k people AND doing so nearly 3 times year. That last part alone would be absolutely insane amount of time and cost agencies would need to spend enter all that data. I’m throwing a random number out there, but all together would this would likely increase the burden on the state 10 fold or more in administrative costs and time.
Wonder if the Feds are planning to notify every registrant of their new obligations? Without notification of the obligation, how do they expect compliance?
Sounds to me like a bunch of rules made up with the hamster not in its wheel. AG Barr is an incompetent attorney and needs to be disbarred never to be seen or heard from again.
They’re always changing the rules of the game. Wonder what registry related law changes next year will bring. This is why I never get happy when it looks as if laws change in our favor. Registry is a noose that tightens every year. Nobody can stop this ever-changing problem. We are stuck having to accept what is given…or else.
I’ve been doing a bit of looking in how SORNA tiers people and have the following question:
Tier II and Tier III states “is punishable by imprisonment for more than 1 year and…”. Doe this “and” mean both the first part and any of the following parts must be true or does it look at both independently? Also, related to this, how does it determine the sentence length regarding the conviction?
What I mean is, I plead guilty to 311.4 (a) felony and 647.6 (a) misdemeanor. 311.4 (a) “shall be punished by imprisonment in the county jail for UP TO ONE YEAR” (likewise for 647.6 (a)).
So, does SORNA look at how the state punishes or does it have it’s own criteria? And if it does look at how state punishes, does that mean since my codes don’t meet the first part of the criteria of “punishable by imprisonment for more than 1 year”, then the “and” part doesn’t matter and means I’ll be Tier I?
This is all pretty nuts in how the Fed and State can apparently treat the same thing wildly different yet both require you to meet both standards.
Anyone’s interpretation of the above would be welcome, particularly the “and” portion.
The irony is that the lies and hysteria created to justify the Biden/Hatch bill (Adam walsh act) is now taking down one of its authors in the court of public opinion. We reap what we sow. Maybe it’s time scotus look at the empirical evidence and set the record straight on recidivism before this type of legislation expands to other categories and continues to abolish the constitution and bill of rights for anyone on them. This will reshape American law forever if it continues
Ok, please correct me if I’m wrong and missing something here, but since Michigan is already SORNA compliant, and the Adam Walsh Act’s 3006 2011 amendments, were already found to be unconstitutional and punishment by the 6th Circuit and basically backed by SCOTUS. So couldn’t Janice also use this as a defense for you guys in Cali? The only thing I’m wondering is how that new 6th Circuit ruling will effect Does v Snyder, if it will effect it at all. Congratulations Janice and good luck.
But if it saves one child…. Well many registrants have children. And many of those children do still love and support the registrant parent. These politicians need to hear how this change will utterly harm and unnecessarily burden those registrant’s children, both minor and adult children’s lives.
Then you have states like Utah, looking to move in the opposite direction and possibly implementing risk based “tiering.” If after 14 year only 17 states are willing to play along, there’s your sign.
Thank you so much for spelling it out like this.
How long tell they try an charge us a administrative fee? That has to be coming an when it does that is a penalty,an will show they have truly shit in there own nest,that this isn’t punishment?
What is there true meaning of each jurisdiction? I could mow grass in 5 or 6 county’s in a single day,plus that could be that many cities or towns,that could involve sheriffs office,city police,county police,how does anybody know what to do? It’s nothing but a got ya or gonna get ya trap!
EVERYONE READING THIS POST SHOULD READ THIS COMMENT.
I can personally attest to section 72.7
About ten years ago, the police chief in our town decided to start conducting compliance checks every 90 days, claiming the law allowed it. He never did show us that “law”, but it didn’t really matter. He wanted to show he was tough on crime. Up until that time, I was visiting the police station once per year, and the detective in charge of SOR would visit my house once per year essentially to confirm that I was actually living at the address where I claimed to be living. That was very tolerable.
Suddenly, cops started coming to my door every three months. They came, and they came, and they came.
I work at home, and I am generally unable to run to the door at a moment’s notice because I am on the phone, or on a video call, or doing whatever it is I’m in the middle of as part of my work. Some days I was in the office all day, and not even home. Some weeks they came by a dozen times, sometimes THREE times a day. They finally caught up with me during their first round of 90 day visits when I was pulling out of the driveway to go to the office. They got what they needed and left. Rinse, and repeat: Three months later the whole thing started again. They came again and again and again. I think one week they came something like 15 times, and now they started coming during the dinner hour and in the evening. We began secretly taping their visits. Instead of polite knocks, they started pounding on the door. Long story short, we sued them in federal court and I won a very clear favorable decision. This was a FEDERAL judge, mind you. We eventually settled the case with an agreement to go back to the way it was before all this crap began. The city also had to pay my attorney $50K in legal fees.
Here’s why I am sharing all of this. After the second round of 90 day visits, we were seriously beginning to question whether we could still live here. Cops were coming to the house daily, sometimes multiple times per day, parking in front in marked cars as neighbors watched all of this unfold, wondering if I was running some sort of crack house or some other illicit scheme. Some were beginning to ask questions, nervous about all of the police acitivity. I had to lie. I am NOT posted online in my state, so for many years I was able to live a productive, private life here. This threw it all up in jeopardy. I also had children living here at the time. and this genuinely frightened them.
If these regulations become law, and your local law enforcement starts conducting 90 day checks, God help all of you. I came within a hair of losing our ability to live here, and that was after only 6 months. I can’t even begin to comprehend what it would have been like if this had continued any longer. IF they are required, by law, to conduct these checks every 3 months, you had better believe that’s exactly what they’ll do, and many of them will take it to the extreme. I live in a small NE town. It’s not like I live in Florida. We never dreamed in a million years something like this would happen. This will give them the green light, and there’s no law that says they can’t come to your home three times a day, for a legitimate purpose, if that’s what they want to do. And many of them will, trust me. Make no mistake- this kind of activity will destroy your good life, and that of your family.
This MUST be stopped.
Register initially in your convicting jurisdiction? What if after release you aren’t going to live there but another jurisdiction? Register to deregister to register elsewhere? Not all states have a register in your new jurisdiction without deregistering in your old, if in same state.
If they’re defining jurisdictions as judicial districts, then one can register anywhere within it…as they wrote it.
Just to be clear. According to the proposed rules, Jurisdiction for SORNA means, “the 50 states, the District of Columbia, the five principal U.S. territories, and Indian tribes qualifying under 34 U.S.C. 20929.”
Get pissed go here and B*%ch ! The Attorney General is taking complaints & suggestions here is the link below, feel free to express your felling about his so called changing the rules in the middle of a game for the 99th unconstitutional time . They will be taking complaints or suggestions for the next 21 days .
https://beta.regulations.gov/commenton/DOJ-OAG-2020-0003-0001
Now TS don’t get out or line or are you picking up some habits from Will Alan and his stand your ground defense. I enjoy many of these comments. Even Hopes comment about this every 90 days ordeal that he went thru. Sure my PO still came to my house once a month. Even SR’s comment about harrassment or a better word would be antagonize. Right now due to things today with this virus its a bit of a limbo situation for many.
So who is doing the pushing? I can just see someone saying push off or might want to say to their PO’ in this whole whole pushie, mean, uncarring, spiritted issue today or is government just as much at fault, even more, so in much of this registry in many ways. How many of your wifes have gotten a bar of soap and washed out your mouth out or their teenagers. I’m sure will Allens’ mouth has been washed out a few times thats why I like some of his stance. Maybe we all should go back and watch the movie Airport. I even liked Loyd Bridges in it.
See its not what comes out of the mouth that defiles a person but what goes into the mouth. So who’s doing much of this error in much of this registry. Here you have this tier issue coming up or the many other issues of this sex registry and government seems not to do a thing to clean it up. Janice has the right stance and so does W.A.R, even Derek and A.C.L.U. have some understandings on this constitutional view today and you all yourselves.
Got an e-mail yesterday from a lady namedCarol King yesterday but it wasn’t actually Carol King – it was from Joe Biden Team. See at times we all have to go back and reflect. During the war and peace movement their was a song by Buffalo Springfield… “Stop Children whats that sound”, and yes much of whats been going on today with this registry and many more issues need to be addressed a bit more.
Yes Ms. King is about erasing the hate and thats a plus. Yes, her and James Taylor made a pretty good team back than. Look at Aretha Franklin. There’s where your Demond Wilson comes in many area’s.. of respect.
To much cover-up in all this garbage as well Allan and many of you have said in so many words in a lot these issues and many of these understandings also. I was no wrestling coach in high school or college but we all have view’s on this issue for truth and justice and constutional values.
I’m lucky I even graduated during those times even the inspiration to pursue college but I made a promise to my grandmother.
California allows marijuana despite it being illegal federally. Thus, the state can provide more rights than the federal.
1. Is California steadfast on not taking part with SORNA?
2. Bobby S. shared that, ” the Adam Walsh Act’s 3006 2011 amendments, were already found to be unconstitutional and punishment by the 6th Circuit and basically backed by SCOTUS.” Is that a possible rebuttal point?
So, if they force me to register 4 times per year, where is the due process that we are all entitled to?
I would think this is a violation of the 14th amendment to the US Constitution. Of course they can change the rules, but we should have a valid case to fight this in court.
Bill Barr is out of his friggin mind for proposing this. The costs for maintaining increased registrations alone would be staggering. Not to mention people forced to stop working four times a year to do this, what places of employment will constantly allow that? And that is where Registrants live! Then Registrants have to register an additional four times in the jurisdiction of where they work.
Then what about also registering in the place where you were convicted…another 4 times a year?…Does that mean potentially a Registrant has to register 12 times a year?!!
And what if the states don’t comply and the federal agencies start coming after us for failure to comply their minimal SORNA guidelines? Which agencies will come after us? Won’t this clog up the federal court system even more and drive up incarceration rates at a time when the government is trying to reduce the prison population? This is beyond ridiculous!
I’m definitely posting these points in their comments section.
All of this would be retroactive PUNISHMENT! This borders on ridiculous!!!!
Florida Action Committee has posted ACSOL’s article about the proposed AWA rules changes: “ACSOL: Proposed SORNA Regulations Would Add Uncertainty to Registrants’ Lives.”
Here’s a link: http://www.floridaactioncommittee.org
With this new law how many more people will just choose to be transient. At least you don’t have to tell them when you are away from home for 7 days or more.
If Sorna is a floor an not a ceiling,what’s to stop the state’s like KY from imposing the 1000 ft rule again on pre 2006 enactment on pfr’s after it was found unconstitutional? Wow the great minds of NASA couldn’t invent a bigger legal, as we say in KY a ghom! What an expensive avoidable mess! Smh
Seeking clarification under the proposed rule specifically regarding tiers, are all 288 offenses under Tier 3 regardless of the age of victim? My reading of the SORNA tiers seems to indicate that if the victim was 12 years or younger, then those offenses would fall under Tier 3, which requires lifetime registration. However, if the victim was 13 or older (under 18), then those offenses would fall under Tier 2, which requires 25 years.