The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a complaint regarding the new SORNA regulations with the Inspector General of the U.S. Department of Justice. According to that complaint, the regulations are unlawful for several reasons.
First, the regulations are not based on empirical evidence which demonstrate that most individuals required to register no longer pose a current risk to society. This evidence includes studies conduct by and reports issued by both government and academic sources. Second, the regulations create an unfunded mandate upon both state and local governments such as multiple registrations each year for some individuals. Third, the regulations violate the federal commerce clause because they exceed the federal government’s jurisdiction regarding individuals.
Fourth, the regulations violate the First Amendment because they limit individuals’ right to free speech by requiring the disclosure of remote communication identifiers. This restriction has a chilling effect upon free speech. Fifth, the regulations fail to provide adequate due process to individuals in violation of the Fifth Amendment. Finally, the regulations are vague and ambiguous which make it difficult if not impossible to comply with.
“The Inspector General is responsible for taking action in cases involving fraud, waste or abuse,” stated ACSOL Executive Director Janice Bellucci. “The new SORNA regulations will result in the waste of millions of taxpayer dollars at every level of government — federal, state and local.”
ACSOL’s complaint filed today was sent online and additional supporting documents will be sent overnight to the Inspector General later today. The documents will include a list of government and academic studies and reports that reflect sex offender registries are ineffective and that most individuals required to register do not pose a current danger.
Thank you! How can I get a copy of the complaint?
What i can’t grasp is how Texas can change and agreement and it have legal standing. When i was first agreed to deferred adjudication probation i was only supposed to register 10 years after I completed probation. 2017 was to be my last year and i was technically not convicted this was not supposed to be held against me. It’s like you go to jail for Burglary and plea deal sentence is 3 years but the 2 years in your sentence they change the laws and say now the minimum sentence is now 5 years and now you have to do 5 years. Then a year later the say now the minimum sentence is 8 years now you have to do 8. How is changing the registry law in 2005 to lifetime should be legally applied to people that was sentenced before the law was passed. It should only apply to anyone that was convicted after it was passed in 2005. Plus if you was technically not convicted why are you treated as you was? Texas and the Federal laws are doing too much after the fact. Unless you are a repeat offender or you kill someone nothing should be lifetime.
Historically around the world, people in hated minority of the population groups have not fared well in authoritative, fascist run governments. That is why I am concerned for the direction of this country turning away from a democratic republic even as soon as 2 years from now where it is very possible the democratic will of the people will be overridden as already almost happened.
It does not bode well for registered people.
It is obvious we are in this hated minority group because since the sex offender scare starting in the early ’90s, more constitutional rights have been taken away against this group than any other group of citizens and because during the same time period the public and media have demonized this hated minority group more than any other group.
And of course prior to us being the most demonized group of people in the US with constitutional rights being taken away, there were many other groups of people who wore those shoes. And many others still are treated that way, I just think that us more so than other groups at the moment.
Hopefully the current human rights case in process regarding sex offenders in the US will go favorably. If so, then we can go to Germany and obtain asylum from our own government. Let that sink in – obtaining asylum from the home of the original Nazi party to protect us from the “Beacon on the Hill” US that saved the world from the Nazis. How far and low has the US sunk…
I bet Putin has a smile on his face ever day when he thinks how far the US democracy has sunk and that we are internally destroying our democracy (with his help of course as has been proven).
Hopefully Janice will be closer to her goal of getting Smith vs. Doe overturned and closer to retirement. Then she can put her feet up for a job well done.
Filing a complaint of SORNA regulations is a very good and it is an AWAKING move. Sure do we all need to wake up justice to all this registry or just wait it out as prescribed by DOJ. Yes we all are upset over much of this registry that is more of a play of a vain type of justice trickery. Even Tim’s futuristic look of some Database or predicting justice is out of balance. Sure our forefathers never conceived Computer Justice but I’m sure someone would drive home the point today.
If one takes the biblical out of true justice what do you have some standard and poor’s index rating or who gives up their guns in a in a battle for Justice. Fighting for true justice is part of American Justice or does true justice come at a moth eaten price today in either today age or what did we all learn from history in much of this society or social scandal.
It’s hard to not feel disenfranchised in the country that raised you when they use extortion for your money and constitutional rights to be allowed to be released on parole and to not be returned to prison long after parole. It is equally hard to believe that the SORNA people aren’t turning a buck on the private information sales background websites that are advertised by ‘fair and unbiased, investigative journalism’ for free during ratings grabs replete with fearmongering and sensationalism about the ‘monster in your neighborhood’ who hasn’t committed another crime since their incarceration almost two decades ago.
Now how about filing in federal court and putting an end to this nightmare that is based on lies. ACSOL would be helping millions of people and the country and would also become very famous, Janice and team, you have all the incentives, information and momentum to right this wrong in court.
My suit is almost done, putting finishing touches on it.
Although college does not like to cite Wiki there is some nice research and data on Wiki, one, two
In April 2015 Women Against Registry announced that it has begun gathering information and participants for two class action lawsuits to be filed in United States federal court. One of the lawsuits is intended to be on behalf of registered sex offenders, and the second on behalf of families of registered sex offenders.[14][40]
Wonder would the result would be if a FOIA request was filed in every registration jurisdiction asking for them to disclose every organization and company which has requested and/or received the registration data?
Wonder how many for-profit entities made the request, and how many were granted?
Also wonder if the jurisdictions have received any payments for release of the information?
My hunch is that there will be at least a few jurisdictions who have released the information to entities not entitled to it, as well as a few which are using the data to make a buck. Maybe it’s time to start auditing the registry keepers to see if they are following their own rules on disclosure.
How will this affect registrants/offenders in PA because I haven’t done enough research on this to know all the main points/details. If anyone could fill me in? thank you!