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National

Biden Administration Freezes Most Recent Regulations

[ACSOL]

The Biden Administration yesterday placed a 60-day freeze on most regulations recently issued by the previous administration.  The freeze applies to proposed regulations published in the Federal Register and could include the proposed SORNA regulations issued on August 13, 2020.

According to a White House memo, the federal government may open a new comment period “to allow interested parties to provide comments about issues of fact, law, and policy” raised by those regulations.  The federal government may also consider petitions for reconsideration involving the regulations.  The memo also states that the Administration’s 60-day freeze could be extended for an additional period of time.

“ACSOL and its allies will pursue all opportunities to provide comments to the Biden Administration regarding the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci.  “The goal of providing comments would be to stop the proposed SORNA regulations from becoming final regulations.”

Following the 60-day freeze, the Biden Administration could approve draft and final regulations that “raise no substantial questions of fact, law or policy.”  However, draft and final regulations that do raise one or more substantial questions of fact, law or policy are to be sent to the Office of Management and Budget (OMB) for review.

There are exceptions to the 60-day freeze, according to the memo.  The exceptions include regulations for which there are statutory and judicial deadlines as well as regulations that “affect critical health, safety, environmental, financial, or national security measures.”

“Any delay in the finalization of the proposed SORNA regulations is welcome,” stated ACSOL President Chance Oberstein.  “In addition, we welcome the opportunity to educate the Biden Administration about the significant harm that could be caused if the proposed SORNA regulations became law.”

Download a PDF of the memo: White House Memo – Biden Admin – Jan 2021

Related links:

Biden Seeks to Halt or Delay Trump’s ‘Midnight Regulations’ [govexec.com – 1/20/21]

 

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Wonderful news! This gives ACSOL more time to fight the SORNA changes.

does this mean if I’m excluded from Megan’s web site, that it will remain that way excluded from Megan’s or will I be on that web site in the future I have to know can anyone help me there and have answerers

@bw

No ones or can speak with certainty about the future …

To your question though, this is delay for the new administration to review many things.

As of yet no one knows if the changes to federal SORNA will be implemented or not, lots of opinions are out there.

In terms of your being on the web page … is your concern with the proposed changes to SORNA or the California tiered system, as they are different?

Right now, the rule by Barr was proposed. Not yet implemented. So would that qualify as “published in the federal register” according to this memo?

I want to be more of a realist in this situation. It’s a freeze for review.. given Biden’s track record(sponsoring the Adam Walsh Act.) I doubt he will do anything substantial that would help us. He’s proven to support heavier restrictions and laws that make sex offenders, families, and the lives of a Sex Offender’s children more of a living hell.

Anklebiter. you’re right. Yes he’ll cover up his crack smoking whore loving son

We really dodged a bullet here.

Haven’t dodged anything yet, only delayed and still in limbo

No, it just hasn’t been fired yet. It’s still loaded and ready, with an army of prosecutors and victim’s rights groups eager to pull.

“We really dodged a bullet here.”
Don’t count on it!

After all it was the Obama/ Biden Administration who signed off on IML.
Even after Janice and ACSOL fought so hard to stop the proposed IML regulations from becoming Law.

I’m not so confident of what will become of Registry Reform with this new administration.
It seems to me that any and all RSO’s are now the low-hanging fruit to restrict and punish even more.

It will definitely be interesting to see how these proposed changes play out and I pray for the most fair outcome that Janice is fighting for. These new proposed changes WILL affect ALL RSO’s.

How so? The bullet is frozen in mid-air, still pointed menacingly in our direction. Chance, Janice and others can see the Matrix, however, and will, hopefully, make it fall harmlessly to the ground.

Don’t settle for just a bit less abuse. Now is the time for democrats to own up to all their talk about helping disenfranchised an oppressed minority groups. People on the registry are the single most persecuted people in the country by far. It is time for human rights.

@Eric

“Now is the time for democrats to own up to all their talk about helping disenfranchised an oppressed minority groups.”

The Democratic Governors and the new administration have already been increasing regulations on everyday people and businesses in the United States- have they not?

I have serious doubts that now all of the sudden these politicians are going to go easy on Sex Offenders.

I read this statement today from Homeland Security:
“ICE officers will soon be given new guidance that will lead to fewer arrests and deportations while using more resources for national security issues, suspects in sex crimes, gang members, felons and recent arrivals”.

On the dole with quid pro Joe? Not me, no chance i believe anything coming out of his mouth.
Mr. I have three degrees. Joe Biden is now Incarcerater in Chief. He is in bed with the database purveyors too and has made the most of it. The delay described here must have alternative motivation. We will find out.

I never wish harm on anyone; but I’m hoping for brain distractions on his former views. United States of Incarceration should be no more and the harm it does to minorities.

A new administration is always good and yes I am sure this President will be worthy of his calling or vocation. Sure many involved with this registry want to see much of if not all of this tore down. With all these divisions who you gonna call Joe or Joe Ganon from “Dragnet”. I thought you would like that Will Allen. Oh, and yes opportunities to help others are always good or are we all still learning about ourselves.
I still need a spell checker thou…

See we can all misplace or misspell many things. Even leave things out of a sentense. While data may be good are we all criminals or induced to suffer much of these ordeals. Now I’m sure everybody looks forward to this new government to press on in true justice for all and yes it is enlightening to know that one can still write letters to even the Governor’s of states for pardon’s or changes in many leglislative views.

True justice is what Jesus Came for although its more than that its working with others and not discriminating with black, white, biker gangs, or those thaqt make mookshine in the backrooms as they did in W,VA many years ago. So we all look for a better future with this Biden administration.

“I am sure this President will be worthy of his calling”

Open the borders during a pandemic, but it is too dangerous for me to go to church?
Destroy thousands of energy sector jobs during an economic crisis?
Blow up America’s energy independence as we try to pull out of the Middle East and leave them in peace?

This guy is good!

I hope Janice gets the chance to speak with Biden administration with kamala on her side to reverse these harsh laws.

you do know that biden was the one that started the adam walsh acted introduced it so i doubt he will change anyting on him and senator hatch thats what people dont understand he has always been tough on crime even though they want you to believe diffrently.

Bidden has now reversed his stance on many laws he once supported. Let’s just hope he is not in favor of prison reform just to change the laws which affected his own children but will reform the entire system even the most hated, which are registrants and the families that support them.

@All…
I don’t want to turn this into a big political bash fest but for those worried about Biden or his past views on the criminal justice system I wouldn’t worry about HIM. I’m not a Trump guy by any means but I do skew slightly more conservative in my views and I’m ALL for less government involvement/oversight including registries of ANY kind. In case you haven’t been paying real attention, our new president is a puppet with decreased mental acuity. The people behind and around him are the people to keep a eye on.. He’ll sign whatever is put in front of him at this point. Sorry if that offends but it helps me make my point and the point of others that the new AG will be more problematic for our cause. I often hear that the liberal “Left” is more friendly to criminal justice reform and to disenfranchised citizens like many of us. However, the Democratic Party is the party of BIG government and BIG government tends to tax higher and spend more. That philosophy lends itself to MORE oversight including registries. Our good friend @Tim in Wi is very fond of talking about indentured servitude to databases and things of that nature. I’m becoming increasingly convinced that we’re headed in that direction and not the other way. This “freeze” is not a bad thing but I tend to think that the end result is inevitable. WE are still the lowest hanging fruit…

@Josh,. I think your post is still politically skewed but politics aside you’re still right becaus after all the SORNA rulemaking is delegated to the AG and not POTUS. While POTUS can influence it and of course freeze rulemaking he doesn’t really have the say the AG does in this matter. So this makes me worry actually quite a bit because Merrick Garland has a history as a judge of siding with law enforcement (acting in a capacity which is supposed to be impartial). Now he will be in a position where he isn’t supposed to be nor does he need to be impartial. I’m afraid he will just rubber stamp anything proposed by the SMART office.

AWA was introduced in the House as H.R.4472 by Rep. Jim Sensenbrenner (R-WI) on December 8, 2005 not by the then Sen Biden in the Senate. There was no Senate version.

If Uncle Joe is serious about his justice and criminal reforms, then he, Kamala, and DOJ would look hard and long at what was proposed and commented on WRT SORNA updates, overall to date, and the ripple effects it causes. He should be seeing the greater need for reforms there too without a “Come on man!” comment in reply he gives to anyone who does not accept his initial view.

James Sensenbrenner R-WI another carrier politician on the dole.

You mean Kamala “Top Cop” Harris who locked up thousands for pot then, to make herself seem cool and relatable, went on the radio to brag about smokin’ dope while listening to Tupac and Snoop, whose albums hadn’t even dropped yet? That Kamala? She’s really got a lot of people fooled.

does this mean if I’m excluded from Megan’s web site, that it will remain that way excluded from Megan’s or will I be on that web site in the future I have to know can anyone help me there and have answerers

This was caught up in the overall review motion because of the need to review a lot last minute actions (which is not so unlike Congress with voice votes, stick it deep in a 5,000 pg bill with only 6 hrs to review, etc in the dark of the night, but that is another day and time to discuss). The limbo is nice but how to use it properly and appropriately to squash the latest recommendations would be nice to know. You don’t always get time added to the play clock, a significant amount at that.

Sadly, I think that those with CP offenses were actually rooting for Sorna to take over. It sounds very selfish but that is the way they would be on Tier 1 or tier 2 instead of on tier 3. That is not to take away from pushing legislation to change it in the mean time. It puts CP offenders in a bind to cheer for one over another.

Now simmer down a bit. I was corresponding with a pastor in Flagstaff we had been corresponding for four or five years. I ask him who he was voting for and he said trump. I asked him why and he told me about he is for killing babies and a few other things so a pastor can even be wrong or should I have told him congratulations or should I of just wished him a nice Christmas and view’s do change. Doesn’t even this sex registry change also at times.

I made an error in one of my comments and I said something about all this being legal. yes authorities can do anything they want but when they go against the commandments…. that’s not loving nobody or helping anyone….. so this is all a legal challenge, a moral, and a biblical challenge all rolled into one if one understands all this or who is lead away with enticement even probing at its best.

Isn’t it about time everyone stand up.

I’d rather look at this optimistically as an opportunity to change the narrative that will reform the system in order for us to be more fully integrated into society without stigma and barriers. Even knowing Biden and Harris’s prior involvement with the justice system in the past does not necessarily dictate the grim future some have already expressed here.

We have to believe that we can succeed in changing the outcome of our collective destinies. Cause otherwise we insure our downward spiral by our growing resignation and pessimism. Don’t give in! Believing we can overcome this is half the battle.

While not directly related to the registry, I read in the news this morning that one of the upcoming Executive Orders is a push to eliminate private prisons. Since their goal is profit and not doing anything to help those locked in the private prisons, I see this as a good thing. Maybe that will be extended to the private probation and parole services, whose goal appears to revoke as many as possible to keep the private prisons full.

Like I said, not directly related to the registry but a good sign. Trying to find a glimmer of hope.

I’m not sure what to make of how the new AG (Merrick Garland) will handle the proposed new rules. In reviewing the ACLU report on him from when he was nominated for SCOTUS, it seems that while he tended to rule in favor of government more often than not it’s really hard to know how he will handle things when he is making the regulations and enforcing them and not judging them.

https://www.aclu.org/other/aclu-report-nomination-judge-merrick-b-garland-be-associate-justice-united-states-supreme

@Worried. I don’t see how Merrick would become less sided with the government when he goes from a position where he has to show some level of impartiality to going to one where he does not need to at all.

Where I see a bit of hope is not by looking at who he’s ruled in favor of, but rather the reasons. If my understanding of his opinions is correct, he seems inclined to rule based on a strict interpretation of the laws and regulations, and with a presumption that the “experts” making the rules were knowledgeable in what they did. My hope is that someone so attuned to this kind of legal decision will understand the impossible situation the proposed SORNA updates create and work to create rules based on some type of expertise and not fear mongering. It’s just a hunch, but I hope I’m correct.

Experts and data, that’s our way forward. We’re at a unique point in US history where “experts” and “the science” are nearly sacred things to the ruling party (at least in theory), while pedophilia paranoia drove moms and teachers to storm the US capitol in the least popular protest of our times. I don’t know how, but we critically need to leverage this moment to hold Democrats feet to the fire to truly “trust the science” on the less popular aspects of criminal justice reform. Data are on our side in this fight.

Privatized prisons focus not on profits but on an overall better use of an inmates time while inside. State run DoC jails and prisons are about punishing and covering up inmate violence. They also use sneaky tactics such as undercover informants. And don’t forget about overpriced commissary items and barely working but costly to use phones.

Not true, at least not everywhere. There have been studies comparing the revocation rates in private systems vs. public ones and the private ones have much higher percentages being sent back to the privately-run prisons. Why not? When they revoke someone it fills a bed and creates more ‘sales’ for them. They get paid by the number of people in the prison per night.

A public-run system has to spend money for each person they revoke – they don’t see a profit but a loss. I’ve seen multiple news stories over the past few years that states are trying to reduce prison populations due to cost, and one of the ways they are doing this is by reducing the number of revocations for administrative or procedural violations.

I’m not saying that all private prisons have a nefarious intent or that all public systems are noble. Of course there are outliers. But, I don’t think it’s a coincidence that Wisconsin signed a contract to use private prisons around the country to house our ‘overflow’ prisoners back in the 90s at the same time the state (and our governor’s family) was investing in the company running the prisons (CCI). Seemed real dirty to me for sure.

Privatization at least removes the immediacy of the DoC in their ability to utilize police probation officers sherrifs and even attorneys from the same corrupt network that put the inmates there in the first place. When you consider all things basically they’ve all just become extensions of the prosecutors in how everything they gather from you from all your dealings with them just ends up being fodder to be used against you in any way they can.

Janice/Chance – Any way a letter writing campaign would be helpful?

Kamala withheld evidence from a guy who was accused of sexual assault.They offered him 3 years but he refused as he said he was innocent. Three trials later he sits in a jail with 70 years. They finally acknowledged the evidence withheld but as I recall they said it was passed the time allowed to file or something. Joe is IML and created incarceration nation along with the whole of congress pretty much. But considering they are politicians to the fullest, if their base demands change, there may be some, but I won’t hold my breath. Although Hunter may have some illegal images issues of his own. But I would expect we will never get to know the truth on that. And as we know government likes control of all things.

Having said that, I still never give up and will continue to fight the fight for what is today does not mean what tomorrow will be. If nothing else things do seem to change at much faster pace as inaction is something people are no longer willing to except, as they did in the past, or so it seems.

@Mp

It is never too late to bring up a Brady violation when the other side withholds evidence. There is no statute of limitations on that for filing.

@ TS

“In 2015, when the case reached the United States Court of Appeals for the Ninth Circuit in San Francisco, Ms. Harris’s prosecutors defended the conviction. They pointed out that Mr. Gage, while forced to act as his own lawyer, had not properly raised the legal issue in the lower court, as the law required.

The appellate judges acknowledged this impediment and sent the case to mediation, a clear signal for Ms. Harris to dismiss the case. When she refused to budge, the court upheld the conviction on that”

That is from the NY Times . https://www.nytimes.com/2019/01/17/opinion/kamala-harris-criminal-justice.html

I think it was Politico that has a more in depth article that I remember reading, which is what I made my comment on, as best my memory allows.

Either way, people in CA would know more than most I imagine just how horrible she is.

@Mp

And there is a good of a reason as any to not trust her in any office when it is known there was a Brady violation and she took advantage of a person for their own political career in the name of alleged justice. That man should be seeking a pardon from POTUS now with the evidence he has of the Brady violation, especially with her where she is now.

If the legal system is so complicated that the layman cannot even file what they need to file, then the system is overly complicated. Procedure is one thing, but outright complications is merely job security for a few.

Good ole Chris Christie has got something with proof and facts or is it just the facts “ma’am” which seems proof enough without undue influence, reason, or a bias type justice unrest. So where is intent, principal, truth, honesty, evidence, or how this honor that comes to light in this game. One could go so far as to use the “B”attitudes. Where is the reasoning in a lot of this registry cockyness of these man or women doing these ordeals to send a person to jail, prison, or even if lucky give them probation by a crafty plea deal.

Understanding plays a big role in these ordeals and hearing can be at times very worthy in these intimidating ordeals. I’m with Janice and all you all out in California and I know much of this registry faces many issues but true understanding of Justice should never faulter with betraying one unjustly in this justice run amuck game.

This Biden win is nothing new. My grandmother was a Republician and she helped campaign hard duriing the 40’s,50′ and mid 60’s. After the Kennedy ordeal she stopped. Actually its the best man for the Job to get things done. This registry is a bit of a two way dodge, hard on crime dodge ball with righteous underpinnings of bias today. Getting the country back together is very important with true Justice again and ethinic views and moral views. This pandermic is here for a reason.

Remember the people have spoken.

Congress shall make no laws based on horrific events passed quickly on knee jerk reactions stoked in fear. Regulations should follow suit and should be tossed in the trash. Now Congress wants to pass Domestic Terrorism laws on what happened on January 6th. No matter where you are on the spectrum that should scare the crap out of you.

Indeed, the Patriot Act is what put a lot of us in prison and on the registry because the government was trolling the internet looking for terrorists and sinners, but not really doing anything to eliminate the materials available at the click of a mouse, and in my case, they were the ones putting the material out there to lure suckers like me in. You can expect this again. But this will be more insidious, becasue the “enemy” is not defined. The terms are very vague: domestic terrorist, white nationalist, white supremacist. What exactly and who exactly is that? I was in federal prison and there were true Aryans which were easy enough to spot, but their actual presence in society is almost nonexistent as well as any serious threat. This is just a way for this new administration to use vague terms to start tracking anyone they so choose in any manner.

Agreed. Knee-jerk legislation rarely accomplishes the stated goal and always has unintended consequences, however well-intentioned it may be. What it does do, however, is put a feather in some politician’s cap that they can use as a campaign issue.

From what I know about Garland, I rather have him as AG then a Supreme Court Justice. Well have to wait and see, regardless it’s time to stand up, show up, and speak out holding our politicians accountable.

This isn’t good news we got Kamala Harris aka TOP COP the most powerfulest woman in the world who built her career off Prosecuting child sex crimes and turning people who commit these crimes into sex offenders and getting them on the life time punishment and shaming list was her ultimate goal.
We can’t forget how hard she campaign for every sex offender not to have access to the internet and if they did they have the register that information weekly or annually anyone who failed to comply would be arrested.
Though she was unsuccessful we’re talkin about a person who literally eats the word “NO” for breakfast I’m not a Democrat or a republican and could care less about politics but I know, that Harrison is coming for every sex offender in America and if you have A case involving children I guarantee you’ll never go free under her watch

Good luck

I think we need to keep the eye on the ball. The science does not support the registry; thus, the registry is not rationally related to the government’s “purported” purpose of public safety – at least not in its current form.

The left supposedly supports the findings of science when it comes to climate change (as a STEM major, so do I), so let’s test their resolve for science and present the evidence in court. This is the only way things are going to change in any meaningful way in the next decade. “Frightening and High,” has been debunked, use that fact to create change.

“Eye on the ball” is finding balance in your life. The registry is here to stay. Wish all you want, but it isn’t going anywhere. We all know it is wrong, constitutionally and morally. We all know it causes suffering for both the registrant and those associated with them. We all know that as time passes, laws will be removed and others implemented to create a ‘safer world’. I have long since accepted that things will not get better here, so moving abroad. Already have a cash based business plan to avoid U.S. taxation. Have enough saved to purchase a resident visa in the country I am headed to and along with investments, should finally be o.k. Was hoping for a better outcome of the tiered registry, but not going to dwell on it anymore. Not worth the energy. Just waiting the Covid out and then gone. I do have empathy for those stuck here with families, or those with no option but to stay.

I remember not too long ago the U.S. was the envy of every other nation. Now I speak to friends around the world and I hear the same thing, “ We no longer want to visit the U.S.” Crime here is climbing faster than any other country, save central America. Cost of living has shot out of site because everyone wants to have everything their neighbor down the street has. The greed that has permeated the U.S. economy has destroyed it. Those that fight for equal rights are either ignored or silenced with donations. The basic foundation of the U.S. is crumbling under the weight of bureaucracy. The registry is only a small part of the bigger problem. Create the illusion of a better life to be, while amassing all you can with deception and outright criminal activities.
There is a great scene in the movie ‘Casa Blanca’ where the prefect is “ horrified to learn that illegal gambling is taking place at Rick’s” , but then is handed his winnings from the night’s game.
This is the current state we live in. Officials are demanding justice for the offenses of others while partaking in the very offenses they find abhorrent.
I understand this will be the case most anywhere I move to, but at least the cost of living in such an environment will be cheaper somewhere other than the U.S., and the atmosphere will certainly be more hospitable. In a nutshell, this place sucks!

Just remember that a country or state that seems perfect now can easily change policies and evict registrants. Just look at Mexico. If a registrant had bought a house there and been settled down, he’d now be back in the U.S. having to start over.

A number of articles have been posted about many countries who had no registry suddenly wanting a public registry.

Consider all factors before making a major change.

I myself will stay and fight for our rights.

Blacks and browns far outweigh whites on the register at least in NYS. This may make a difference.

Countries that have stepped on civil rights are often doing it with pressure from the U.S. government. Trade deals, military base placement and other government policies that bring that kind of pressure. Mexico for instance has huge economic problems which we assist with. Can’t name a European Country that bows to “American might”. Germany , Spain, France, and others will never have that mind set. The U.S. has lost a lot of clout (thank you D.J.T.) and I won’t be around long enough to worry about when or even if it ever gets it back.

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