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)
I just thought of something else that possibly supports my theory on Garland’s actions right now. If Congress takes no action because they are on vacation, then it goes to court as is, which i actually think benefits us. Reading the rule as is, and the snippy attitude and the animus it is filled with seems pretty over the top given the actual statistics and knowledge that is now pretty well known by the courts. It’s really an outdated piece of legislation to put it simply, which is what A.L.I made very clear.
I hope I don’t have to plead with my state to keep me on the registry after 2038; which would be my 25 years of this civil non punishment circus. If this isn’t punishment I’d like government officials to spend a month in our shoes, maybe they would stop being pains in the backside and bloating government.
Found a few things in the new document that will hopefully ease some peoples worries who are not in a SORNA compliant state.
This basically seems to say you do what the state tells you and we won’t hold you liable for things the state doesn’t tell you to do.
And this section defines how someone “knows” about what to do.
So, until you receive official notes which you signed off on of having received, you technically “do not know” of what you had to do.
It really does seem that for the time being, states still get to do what they want (being SORNA compliant or not) and we just follow what the state wants.
What does this mean for us in compliant states?
this must be a CA thing? Cause in Texas we been having to give these MF’s our emails, cell numbers, all internet identifiers. Well at least the county I’m in.
☎️ Wow! I just logged into the phone meeting – there are more than 230 participants!! ☎️
⭐⭐⭐⭐⭐
☎️ Come on, folks!! There are more than 230 of us ON THIS CONFERENCE CALL!!
Reach into your pockets and contribute to ACSOL NOW!!
I donate each & every month and I KNOW exactly where every penny I donate to ACSOL goes!! It ALL goes to fighting for us & our rights and freedoms!! ☎️
⭐⭐⭐⭐⭐
Thanks Janice and Chance for the SORNA emergency meeting. I haven’t commented on here in quite a while, but this SORNA thing has me very agitated. I am former registrant in a SORNA non-compliant state. I have sent an initial $50 to meet the challenge placed during the meeting.
My wife is from Mexico. We travel to Mexico to visit family.
Very fearful of traveling without ‘required’ notification. I specifically asked the head of our state’s registry if they will take an international travel notice, and was told they will not. I was told that even if I could convince a local registering clerk to take it, they could do nothing with it. Technically there should be no way to take any kind of report since my registration number and file are no longer active. As of now, when my state said I was off the registry, that means they were done with me.
I don’t believe I should have to bug the state registry every time we are planning to go to out of the country to try to cover my butt. Seems like they should have to come tell me if they changed their mind. Having to go and deal with this every time we need to travel seems unworkable. Took them 3 months to give me a reply last time. On the other hand, I cannot tolerate the idea of being an early ‘test’ case for prosecution.
SORNA implementation would be entirely untenable for us to continue to function in this society. If somehow the feds succeed in jamming their evil scheme on our state, we’d have to try to leave. But have decent job, family roots and obligations, so we can’t preemptively just get out.
We are sickened having been put in this situation. Made the calls and opposition letter, but nobody cares. Money/funding involved for somebody and that means more than Constitutional rights and community stability.
This is something that I may have begrudgingly tolerated before getting off the registry and living a fairly normal functional life. I don’t believe I can tolerate being brought back into the registration system, with yet even more restrictions and public notification . A return trip to hell is something that predictably would be met with great resistance.
Ok so, If I or anyone who posts a comment on this forum regarding the amendments to SORNA which go into effect 1/7/22, am I or any poster then “notified of and then obligated to” those amendments?
Yes, I asked my registering officer in an email a question regarding this. Does that mean I read and understand those 32 pages? I asked because I DON’T know and want clarification.
Janice – Will the recording of the Zoom meeting be made available? I was unable to get to my computer in time for the meeting, but I’d like to see what was discussed.
Thanks.
Can someone please interpret this for me, they use “or, and” when talking about “travels in interstate”, and “failure to register”. So i see it meaning that travels in interstate OR failure to register is a federal violation. Meaning failure to register without interstate travel IS punishable. But the way it’s written confuses me: 2250.Failure to register
(a) In General.—Whoever—
(1) is required to register under the Sex Offender Registration and Notification Act;
(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or
(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and
(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;
shall be fined under this title or imprisoned not more than 10 years, or both.
I guess I will no longer be able to post here. I plan on closing all my social media accounts unless these rules are stopped in court. And what about old email adresses that I don’t use and can’t remember I signed up for? This is definitely 10 steps back for us in CA.
This is the last straw for me. These people driving this oppression obviously cannot be stopped. For me my only recourse is to leave the country But, that insane zealot Chris Smith is trying to expand IML to include people that have left the country and compel them to have to still register. I wish him a painful departure from this earth. I am leaving . I cant fight this anymore with no money and no support.
People , there is a lot of confusion here concerning the Sorna. First of all, it’s still Guidelines, revised guidelines. they have revised them many times since they came out. This Federal Sorna is basically directed at Non-compliant states, and states with Bare minimum. Michigan is a bit more harsh than most states.
There isn’t much more Sorna will really apply to that Michigan isn’t already doing.
States govern their own state, they don’t HAVE to follow Sorna. The revision is basically a Money Issue. In other words if states want to continue to get federal funding, they now have to upgrade to new guideline minimums. Well Michigan is already at max with Sorna. So not really anything we really need to worry about that’s not already being done. Again Basically you follow what your county jurisdiction asks of you. If there is changes, they’ll tell you.
But still wonder myself how if many come off after does lll if feds will keep you on…that I can’t answer as of yet.
A question this morning on the conference call was about whether the FBI background check shows prior sex offense registrations. Recently I was released from registration in the state of Washington for a misdemeanor offense. My FBI background check before the release showed SO registration, however subsequent application showed it had disappeared after I was removed from the state registry. There was nothing in the FBI background check that showed registration was ever required. The same thing occurred on the Washington state background check.
I don’t understand how Garland could approve these changes when many of these stipulations were struck down by a federal judge in Michigan very recently.
Please don’t cause violence nor end your life. We need you as person to stand up to this tyranny. Turn your anger, frustration, fear, and other negative emotions into action by getting involved making your voice heard. All of us are in this together and knocking this damn won’t happen overnight, however we need to carry our momentum towards a brighter future. Don’t give into negative emotions use them to motivate you towards making noise for our side.
aren’t all these restrictions just another form of probation or parole that they can’t call probation or parole anymore?
Can anyone please chime in on an idea I’ve had for awhile, but now seems appropriate and necessary. Back in the day i played in a band and i promoted it using my business background. One of the things i would do is buy the cheapest slot of radio ads on multiple stations in the middle of the night on weekdays, and i would help produce them so that they stood out. Now, the advertising and the pricing is so unlimited that it’s just a matter where to do it. Anyways, my idea is to run ads saying something to the effect of “Their coming for US now, but this affects YOU and ALL AMERICAN’S also. The rights that are being stripped from us are your rights also. We need immediate help, as this needs to be stopped NOW!” You get the idea, so what do you think, people are fuming right now about their rights being stripped already. If ACSOL is interested in this and would be willing to use their organization to back this, i would be willing to possibly fund it myself, or at least a part of it. Please let me know your thoughts on the idea.
This Study contains information about State complaining about increased “workloads” from SORNA implementation. If anything this can be used as ammo on the “unfunded mandate” front.
U.S. Government Accountability Office (GAO), SEX OFFENDER REGISTRATION AND NOTIFICATION ACT:
Jurisdictions Face Challenges to Implementing the Act, and Stakeholders Report Positive and Neg ative Effects, GAO13-211, February 2013, http://www.gao.gov/assets/660/652032.pdf.
So in California if our sex conviction received a 1203.4 means no registration under SORNA?
Does anyone have any idea how these regulations will affect someone in Pa? I was on the Pa registry until October, 2021. I was originally on the reg. for ten years then changed to 25 in 2012 when Pa adopted SORNA. In 2019, due to the Munez ruling by the Pa SC, I went back to 10 years and was removed in October. Now I am so confused (as many are) at what may happen.
Shouldn’t this be beyond the powers of the Feds? Unless it is a DC, or Federal crime, this has nothing to do with “…commerce… among the several States.”
First news article I’ve seen about the new Federal SORNA regulations:
DOJ Issues Final Rule on Sex Offender Registration Requirements
Attorney General Garland stated in a public speech today “…Anything else jeopardizes the viability of our investigations and the civil liberties of our citizens.” when responding to why the investigation of January 6, 2021 was taking so long. So the DOJ publicly states it does not want to jeopardize the civil liberties of our citizens.
The AG and the DOJ do not care about jeopardizing the civil liberties of citizens forced to register. Maybe the AG and DOJ justify this attitude because the courts, the government, the media and the public do not consider people forced to register as citizens.
This attitude is a slippery slope and reminds me of the Nazi Party convincing the public the Jews should not be considered as citizens. This attitude makes it easier for people to justify taking away all civil liberties and easier to inflict violence on people who are not considered citizens.
Not to be negative, but during my lifetime I do not see full civil liberties being restored to citizens required to be registered and do not see the threat of violence and vandalism going away. That is why I am considering relocating out of this crappy country after my parents are deceased.