UPDATE:
Read a summary of the SORNA meeting
Listen to the recording of the meeting
The federal government today published final SORNA regulations in the Federal Register. According to this publication, the regulations will become effective on January 7, 2022.
“The only thing that can stop these regulations is a formal objection by Congress during the next 30 days which is unlikely to happen,” stated ACSOL Executive Director Janice Bellucci. “Therefore we must prepare to challenge the regulations through litigation filed in federal courts.”
Despite acknowledging that more than 700 comments were received regarding the proposed SORNA regulations issued in August 2020, today’s publication states that the federal government has decided to adopt virtually all of the proposed regulations. The only difference between the proposed and final regulations is a small change regarding the circumstances in which SORNA violations may result in federal criminal liability.
According to today’s publication, the final regulations “will make it easier for sex offenders to determine what they are required to do and thus facilitate compliance.” The publication does not, however, clarify vague language in the regulations including, but not limited to, which tier levels — federal or state — will apply for registration requirements and other purposes.
In today’s publication, the federal government has asserted that “SORNA’s requirements exist independently of state law requirements.” The publication also refutes an assertion by ACSOL and its allies that a registrant’s duty to act under SORNA arises only when the registrant travels interstate.
“In this final rule, the federal government is requiring some individuals required to register to comply with federal regulations such as registering up to four times a year without providing state and local government with additional resources,” stated ACSOL President Chance Oberstein. “This could result in gross injustices.”
According to today’s publication, “sex offenders are not held liable….for violation of registration requirements of which they are unaware, and noncompliance with SORNA may be excused where compliance is prevented by circumstances beyond their control, such as a jurisdiction’s failure to carry out a necessary complementary role.” The publication provides as an example a registrant who attempts to provide information required by SORNA to local law enforcement, but local law enforcement refuses to accept or record that information.
“ACSOL is concerned that registrants will be sent to federal prison for violations of these regulations during the time it takes to prove that local law enforcement was unwilling or unable to help registrants comply with these SORNA regulations,” stated Bellucci. “These regulations shift many burdens to individual registrants and do not penalize local law enforcement.”
Recording of ACSOL Emergency meeting with additional information regarding the final SORNA regulations.
A link to the 32-page publication issued today can be found below this article.
Federal Register Dec 8, 2021 (Easier to read in a web browser)
PDF version of above (Better for a printed version)
So let me ask this. I was convicted in 91 in IL (non SORNA compliant) and completed my 10 registration a long time ago. I’ve never lived outside of IL or had any other arrest or convictions. Let’s say I move to Alaska which is also a non SORNA compliant state, Alaska says I do not need to register due to my conviction date. Would I still need to register in Alaska due to SORNA if I moved there???
There are among others two states that are sorna compliant, Colorado and Michigan. Yet both have in their acceptability statements that exceptions of off paper in 1991 and 1995 are acceptable. Why not go to Michigan. Hey anyone does this make sense.
So the map that has states highlighted in green, on the sorna map,on the smart office webpage, are the ones whom are fully compliant states and will fallow the new federal guidelines and put people back on the hate list and the ones in which aren’t highlighted, most likely won’t fallow the new federal guidelines?
I hope I’m posting my SORNA question in the right location. I’m trying to hear everyone’s opinion on this. I live in a non-SORNA compliant state (IL) and i finished my registration way back in 2006, I haven’t ever been arrested for anything else. I’m thinking of moving to another non-SORNA state (Georgia) where I also wouldn’t be required to register or have restrictions based on the state laws.
I contacted the Georgia state registering agency and they will not confirm that I do not need to register without me providing them with my name and DOB, I refuse to give them this info because all they will do is flag my name and put me on their watch list.
I have a lawyer who says I’m not required to register so I know I’m not required to register on the state level. But according to the new SORNA I guess I’d be a tier 2 or 3 and due to the new retroactive SORNA it sounds like I’d be required to register. It also sounds like moving from 1 non-SORNA state to another non-SORNA state that could trigger the federal SORNA registration requirement. How the hell do you register if not required by state law?
Here’s what a well known Georgia sex crimes attorney just told me:
Regulations can’t extend further than the authority of the laws that authorize them. The preface to the regs claim that they apply to all registrants, including those in states which are not substantially compliant. How that is enforced is hard to evaluate at this point.
I’d love to hear your opinion because I’m starting to think that a plan to move might be a mistake, at the same time I can’t let these stupid laws run my life anymore, I’ve been dealing with this shit for 30 years. All I want to do is live a peaceful life without ever registering again or going to jail.