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 thank you thank you… this is all so overwhelming and for most of us disproportionate and harsh bringing difficulties to managing any semblance of life.
SORNA does not reflect American justice in any way.
Disproportionate and unreasonable abuse of those who simply want to live and breathe!
Thank you ACSOL team!
Thank you. I will try and find a way to donate something significant this month.
TY and is this for NJ? My son got in trouble for child porn, spent a year in prison , has a felony on his record and is on parole for life. It’s a life sentence. He is struggling. He managed to get a job and a place to live, a terrible place in a terrible neighborhood but he is trying so hard to get a life. Any advice?
Thanks, Janice, for filing this complaint which points out the unconstitutionaliity and waste of taxpayers money for SORNA Regulations.
Thank you for taking the lead in this fight. You nailed the arguments on all points! If you need a named plaintiff on DueProcess, First Amendment or empirical evidence to the contrary, I volunteer for these issues. Before SORNA I traveled to a number of foreign countries and Never had any issues. J
Thank you for your hard work.
Brilliant, Janice. We are so blessed to have you among us. Thank you.
MANY, MANY THANKS to you, Janice!!! This filing certainly targets all the absurd requirements and failures of these excessive and punitive new SORNA Regulations!!
👍🏻👍🏻👍🏻
Thank you! We are blessed to have you on our side!
Requiring remote communication identifiers and passwords will violate citizens 4th Amendment rights to anonymity and to be secure in their person and property.
Thank You All For Such a Great Effort!
Very Well Done…
The Big Question, is that it is a Complaint. A Very Noble Effort.
Can A Civil Law Using the Doctrine of Estoppel be Employed?
Thank you Janice and Co.!! Take these guys to the mat!!
Its always great to hear of advocate’s helping others whether out in CA or any other state. Yes a lot of this registry is a depository type of scheme justice to settle indifference. Whether they be mild or heinous. Sure many can text reviews, comments, etc but were is our justice system hanging in the balance of some corporal law of meanie proportion.
I am not sure how America can continue to disparage countries like China or India for their scarlet letter approaches, indefinite incarcerations, internment camps, and lower class citizen tiers when America actually leads the world in exactly those exact same behaviors. America blatantly ignores its own laws whenever the government or mockery of a justice system wants to. Even quotes rags like the national enquirer in its supreme court decisions! The politicians keep saying America is a “shining city on the hill”. Did they forget to mention prisons are shining cities that keep their lights on 24/7? Most our ancestors came to America to escape exactly what America has become. If we don’t fix it folks we have nowhere left to run!
Thank you! Is it possible to get a copy of the complaint?
Interesting approach asking the DOJ Inspector General to take action in a case of fraud, waste and/or abuse against the DOJ.
Thank You Janice, I just donated $50 Wish I could give more, I hope many registrants see what your doing for all us, I was surfing through channels and fox news had a couple of guest (a judge and Chicago Governor that spent time in prison for corruption). They both said all ped’s are on the Registry because they are animals and should be castrated . Thats the type of thinking we are up against .
A letter to the Inspector General (IG) will have as little effect as the 700 letters sent to Merrick Garland. However, I suspect that this is just ACSOL’s first step in an eventual lawsuit against the Department of Justice (DOJ). This complaint exposes a couple of constitutional issues, and the DOJ should be given the opportunity to correct its administrative errors before civil judicial action is taken as a last resort. Janice and the ACSOL team know how to open and to close legal doors.
Thanks for building a stronger foundation.
Veritas.
Were you able to get any public entity (local agencies) to join your complaint? I would hate to see it thrown out for lack of standing since ACSOL would have no financial burden as the local agencies would.
Cheers,
Ben
I can’t help but think this could be an avenue to reattempt a Gundyesque case against the delegation doctrine SCOTUS has said needs to be readdressed by the high court but by someone other than a person with a sex conviction. Given what @ACSOL has filed with the contents detailed above, can a reattempt of this begin with these new rules given the unconstitutionality of them, etc?
Speaking about unfunded mandates, check out this move by Illinois State Prisons (IDOC) refusing new intake because of the bug. So convicts are stuck in the county jails awaiting transfer. Naturally the County lockups are full already, and many are sex offenders of various sort. https://www.mystateline.com/news/local-news/50-prisoners-stuck-in-winnebago-jail-as-illinois-stops-inmate-transfers/ Take note that the cost to house these folks will fall to county tax payers will play a role as they are forced to let people out of county lock up or face overcrowding suits. Keep in mind not long ago a certain lawyer was pursuing action because IDOC was refusing to release sex offenders at the end of their sentences as described under Illinois law.
It appears public safety doesn’t quite hold the weight within current SCOTUS that the bug’s vaccine regulations mandated by OSHA as per today’s announcement, and starkly compared to the deference to congressional preamble and actions in the Crime omnibus bills.
This fact bodes well should ACSOL get to the higher courts with a sound case. The proper and necessary approach is for DOJ to defer to Congress with respect to lawmaking and sex offenders, rather than making its own rules and treating those rules as law itself.
Tim what are the bug’s in this mass confusion of state and status? isn’t true Justice more better than a knight in this dungeon and dragon’s confusion.