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)
Thank god we all voiced ourselves, because we all know how much weight a registrant’s voice carries. Maybe we can all send Garland a Christmas card thanking him for the fair and just way he is treating us.
So basically I just went from having to register for 10 yrs to having to register for 15yrs? I would have been eligible to be off next year with my misdemeanor. But luckily I can live within a mile of the park near my home that’s I pay taxes for every year. What a victory for the cause!
How are federal Tiers going to be assigned? Who is going to assign them? Will there be an appeals process? Does this also mean that we’re ALL going to be posted on the internet regardless of the tier and how much time has passed since conviction? What if it conflicts with the tier assigned by the state? What a mess.
Something tells me that the only way this is all going to resolve is that someone will get arrested and they will challenge this in court. But everyone’s situation is different. I see lawsuits far into the future.
Time to leave the country.
Registrants and families,
Are we any less hopeful that our March, 2023 march to Capitol Hill will bring about positive change for us? ‘Cause I’m not.
Some storms and trials last for what seems like one’s lifetime. Nevertheless, it is still just a storm and trial.
Jewish people held dearly and fervently onto the last remaining glimmers of hope during the Nazi regime; and they suffered some of the most unearthly inhumane persecution. If they were that strong, we can be, too.
Homeless gay guys held dearly onto hope when their parents kicked them out, after they were found out. Their lives made them stronger. This trial can make us stronger, too.
It’s just a storm. It will end.
I don’t see many states adopting this because it brings people into the registry without a trial and sentencing.
You can’t constitutionally bring someone under a law that never existed at their sentencing decades later–that is legally ludicrous!
I believe this is going to backfire in a most audacious way that is literally going to anger judges off their chairs.
States do not have to follow federal law, nor can the federal government force them to do so.
If the supreme courts of the states judge this unconstitutional, (which probably many of them will) no one will have to do anything different and we cannot be held liable for registration requirements the state refuses to adopt!
I think this has a good chance of working in our favor because it is so absurd, and it may even cause some of our current duties to be relaxed.
This is why the forefathers of this country made ‘separation of powers’, so that if the legislative branch of the government ‘oversteps’ and goes over the top with a law, the judicial branch can nullify it.
“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…”.
Does “I can’t make sense of all these requirements” count as “circumstances beyond [my] control”?? 😒
(Of course, State requirements ARE “strict liability”, right? So a Registrant should pay close attention to & abide by his/her State’s requirements and not worry too much about Federal SORNA?? 🤷🏻♂️)
What about those that were treated badly for pornography 10 years ago with recent offenses of any kind that were wrongly accused to achieve your political agendas. Why do I have deal with you making the wronge decisions in the court systems to make a political statement. Meaning your legislators are pushing prosecutions for your political gain. How about you ask the people what they think. Why don’t you think of how you affect spouses and children. How can people get jobs and housing? You really think you can keep track of homeless people? I wish you luck, way to find a way to make a quick buck off of those already being complaint. I seriously wants to grab every politician and bash your heads together until you tell me something that actually makes sense other than your ridiculous bullshit and sift out your lies and where the money is flowing.
I also believe, if I am not mistaken-anyone knows different be sure to elaborate please, that every state including CA will have to legislate these rules into their individual state’s SORNA or there will be no change in reporting.
Donate!
Federal Register, page 69885, middle column, Subsection 72.6 lists all the information – including Internet identifiers – that Registrants will he required to submit.
This is insanity.
Garland is a dumbass for approving these new rules because it makes a much BIGGER mess of what was already a pretty damn big mess!! 🙄
I work in a different city/county than where I live. Do I now have to register in two places (city of residence and city of employment?) If so, when do I register with the police department of the city where I work? After January 7, 2022?
So, when this comes into effect how will this work if you live in California, like to go have diner on Lake Tahoe on Nevada side but never stay there over more than 3 or 4 hours. (24 hours in a day or do they count each visit as a day) I like to go at least 3 times every week, do I need to worry now? Since I will be crossing state lines should I report it? Not on Paper any longer. Some states say if you travel to their state more than a certain amount of days per year you have to report it. I know a few people that live in the 3 state area that worry about this also, go shopping into the next state weekly sometimes because the store is closer to them over the line.
And none of these myriad new Federal requirements will do a thing to actually prevent sexual offenses.
Well done, Mr. Garland. 🙄
(Sarcasm intended. 😒)
Well not surprising. I knew it would go through. Anyway, when I lived in Chicago for 3 years , along with having to register with the Chicago police once a year, I got a letter in the mail saying as part of my sex offender requirements to register, I must also register federally by filling out this form , signing it and nailing it back to the capital city. Of course I mailed it registered mail to get the receipt, but other than that , I did whatever I wanted to need or needed to do, abs never had any problems. I am hoping that it’s something similar to that here in California. Get the letter and fill it out and mail it back . I wonder after it goes into effect , how much time will we have to check in or when will we get the letter?????
Also, for the 930,000 RC who are unaware of this, how will everyone actually find out about the requirements?? A letter must be sent to notify people. Also, unless a person is on Probation, how would the LE even know anything about your life , internet identifiers, etc since , unless you are re-arrested , they would have to have a warrant to search your home, phone, car, etc. I feel like if you are totally off except for having to register , you should be fine and the last thing in their list . How in the hell are the LE agencies going to actual enforce any of it unless you are on Probation or are under investigation and get arrested and they find a bunch of stuff .
After reading the publication completely, it doesn’t have a huge impact on SO assigned to tier 1. With the exception of registering to each jurisdiction if you reside and work on a different city. Tier 1 is still 10 years and register once a year. For SO assigned to tier 2 and above is going to be difficult. Hopefully improvements will happen.
You know I thought CA SC and SCOTUS both have stated they cannot do blanket requirements for internet identifiers?
It also seems that this is just more BS grandstanding anyways. It seems that nothing has changed except that you can now be prosecuted federally for not complying with your individual state requirements. Correct me if I am wrong… We will have to wait and see if the states conform to the federal guidelines, which many like CA has not up to now
A couple things with this.
1). The Michigan 6th circuit Wilman case could’ve been avoided. Yes, many Registrants in Michigan were upset because they didn’t get immediately removed. However, The MI ACLU explicitly warned Registrants not to submit individual petitions, because it could cause terrible precedent. Because of the guy that appealed with the 6th Circuit, this court decision in Wilmer was mainly relied on by the AG in these new rules. Just think, what all would he have to go on if it wasn’t for that case?? The MI ACLU even pleaded with the defendant and his attorney to NOT do it! They even wrote a brief to the 6th circuit saying to disregard his case, because they knew this would happen. THIS IS WHAT HAPPENS WITH BEING HARD-HEADED! To all those in Michigan who was upset(rightfully so), that you didn’t get removed, you now are stuck in regards to SORNA for life!
2). The !ssistant AG(no, it wasn’t Merrick) who revised these new updated regulations, quoted Justice Scalia’s dissent in Reynolds vs the US in that SORNA applied to pre-act offenders, but yet, he failed to quote Justice Goursh dissent in Gundy (which was much more RECENT), that the AG should NOT have this type of power to decide who SORNA applies to. The legislature NEVER said it applies to pre-act offenders. How does a prosecutor get to add additional retroactive conditions not agreed to in the initial plea deal. If that’s the case, can we withdraw our pleas and go to trial??
2). The AG addressed a lot of the comments that was submitted. I will give him that. If you look at it, he did address the comments. He did leave out an important one that was submitted multiple times, which is, SORNA should be based on an actual CONVICTION, and not a PLEA if guilty. I know this would apply to Aliens when it pertains to deportation, but should not to US CITIZENS. Expungements, set asides, and deferred judgements, and
Sealed records should NOT be included in the definition of conviction, especially if the State does not make those with this type to register. The US Supreme COURT has NOT ruled that this is acceptable!
3). The March of 2023 at the white house. I strongly believe should occur before then. I do not believe that time can wait that long, given these circumstances. I can imagine that this coming year of 2022, will be full of prosecutions, severe depression, and even suicides. There needs to be a donation raised to file an injunction now! If the district or circuit denies it, this needs to be appealed to SCOTUS. Remember that this may even affect those no longer required to register. If this is not stopped in its tracks, 2022 will be a complete NIGHTMARE. Is the AG really ready to take heat for this?
And the fact that this makes no sense
Mark my words- they will immediately start going after people. This is an effort to try to throw as many of us in federal prison as they can so they can turn to the voters next Fall and say, “See what we did- we locked up all the perverts.” These regulations are impossible to understand. There is something in here to catch everyone, and you won’t even know it. They’ll just come to your door and “read you your rights.” This will clog federal courts as thousands start to get caught up in this bull****. Remember- ignorance of the law is no excuse.
I feel like I’m living in freakin’ North Korea.
I live in Maryland, which is compliant and I have no idea if this will impact me negatively. Just wish the government would go fly a kite and hit a power line.
What do I need to do if on vacation crossing the state line according to the ACSOL response to the proposed SORNA regulations where ACSOL states there must be nexus to the travel (I did not understand what was meant by the nexus to travel) and what do I need to do if on vacation crossing the state line according to the DOJ which states nexus to travel is moot? I am trying to understand both viewpoints.
According to the DOJ, SORNA applies to all people convicted of a sexual offense no matter when and no matter where it occurred. And as we all know, the DOJ definition of conviction includes instances of where there is no conviction under state law.
If I am correctly understanding what I read, according to the final rules, a possible criminal penalty for non-compliance of SORNA (if “convicted” only by the state) only applies if 1) required to register under SORNA, 2) if one crosses the state line or onto a reservation AND 3) knowingly fails to comply. Thus all three conditions must exist before one can be subject to possible criminal penalties.
So if I am correctly understanding the final rules, according to the DOJ, if I have a state “conviction” (which I do per SORNA but do not according to the state), never leave the state where I reside and never step foot on a reservation, SORNA criminal penalties do not apply to me if I knowingly do not comply with SORNA rules.
From a practical matter in this situation, if I follow my state rules, then I should be legally ok. Some of the new SORNA rules are not required in the state where I reside which is not SORNA compliant.
So even if I do not leave my state, I am still required to comply with SORNA per the DOJ. But also according to the DOJ, if I do not leave my state, do not step foot on a reservation and do not comply with SORNA, there can be no criminal penalty.
Thus my concern is crossing the state line for vacation.
Please correct me if I am wrong.
When I read the final rule regarding the internet and phone identifiers, the identifiers only need to be reported IF used for communication or postings. (No matter what, email and phone numbers are required to be given.)
So for example, if you log into your online financial institution account and never communicate or post anything through that log in, then that id would not be required to be reported. If you need to contact the financial institution, pick up the phone or use your email to avoid having to report that identifier. No communication and no posting, no reporting required.
And on any website, always avoid the chat message box. Just pick up the phone and call the company or organization or send an email to avoid having to report any identifier used on that website.
And maybe I missed it, but I did not see in the rules where you were required to give a web address of where the identifier used in communication or postings was used, only that you had to report the identifier.
The final rules do state that no IP addresses are required to be given.
And don’t forget, your state could have completely different rules that you will need to follow.