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Recording of Emergency ACSOL meeting about new SORNA regulations

 

ACSOLGeneral NewsJanice's Journal

Janice’s Journal: Preparing for Challenges to SORNA Regulations

The new SORNA regulations became effective today. We do not like them and yet they are here. The question is what are we going to do about it?

It is important that every registrant remember that although the new SORNA regulations are now effective, most registrants have not yet received a government notice that their registration requirements have been changed. Without that notice, registrants have an affirmative defense if they are charged with violating any of the regulations.

This is not a time to panic. However, it is a time to be conscious and aware of any new registration requirements and to report to ACSOL any government notices you receive regarding such requirements.

Why? Because ACSOL fully intends to challenge the new SORNA regulations.

In fact, ACSOL is developing a two-prong strategy that includes litigation, as expected, but also includes a non-judicial challenge. ACSOL is not yet ready to disclose the details of either prong but expect to disclose the details of at least one prong during the next 10 days. Please stay tuned.

In the meantime, keep calm and carry on. We have your back.

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Thank you so much Janice and the whole group of you

Thank you for the words of encouragement, ACSOL team.

I agree that you shouldn’t discuss too much information as I’m sure anti-ACSOL figures do lurk on this website to gather information.

I love you guys and everything you do to help us. Have a great Friday 🙂

According to NARSOl and my own research, almost all of these amendments are not new, except attempting to bring Pre-Megan’s law and Pre-SORNA offenders into the Adam Walsh Act, which will probably bring a multitude of lawsuits.
Some states have already judged the AWA unconstitutional and a violation of Ex Post Facto and therefore, those states will not be affected, and NO, NO Federal police is going to come looking for you if your state has judged this unconstitutional and arrest you because you are in violation of federal law.
The State you live in is responsible for which laws it decides are unconstitutional and you cannot be held accountable for those laws it tosses out in their appellate and Supreme courts-they are responsible for what they deem legal and not legal, not you.
Even circuit courts judge some federal laws unconstitutional and do we see the feds come rushing in to arrest people-NO!
You do need to know, however, how laws vary from state to state, for what may be illegal in one can be legal in another and vice-versa.

David V C
I sure hope what your saying holds true, Pa ruled it unconstitutional for pre sorna people, exactly what I was thinking that, there will be thousands upon thousands of lawsuits, which will drain any monies that they give to states for the awa, this guy is acting tough for political gain, nothing else, don’t get me wrong, I want to see all children protected but, this is just not the way to be handling this, putting people and their families in harms way by, putting your face, address, vehicle, job and the other stuff online, for people to see, my offense was well over 20 years ago, I never re offended after that,

Last edited 14 days ago by B

I would also like to add that the states cannot be forced to follow SORNA-the government can only reduce their funding by 10% if they don’t.
Otherwise, situations like that could quickly end up in a ‘state vs. federal government’ standoff, causing the two entities to become rivals.
States that have deemed in their Supreme and Appellate courts that retroactive application of SORNA(pre-2006 offenses) is unconstitutional will NOT be affected by these new rules-they are already dead-in-the-water.
That doesn’t mean that some may not try.
If, by chance, that does happen to anyone, make SURE you follow the entire appellate procedure through the courts from the lowest to the highest.
Otherwise, even though you are right, if you don’t follow legal protocol, it can be dismissed.
The only way that these States can be made to comply is if a ‘certiorari’ is filed with the Supreme Court of the United States and their judgement is reversed and I really doubt that is going to happen.

Thank you for the reassurance.

Thank you Janice. These new regulations are very upsetting. I can’t imagine having to register every 3 months or having to remember all my online usernames or email accounts I no longer use but are in my name or alias names. I’m even afraid to comment on this site. – I would like to know if you could be forced to reviel our email addresses we submit when posting here. I’ve stopped posting under my past user name here because I don’t want the government to know what I’ve said here in the past.

I’m hearing mixed signals of how this affects those no longer required to register. Per the guides, it “appears” it does, but it will be interesting to see how this unfolds and how 900,000 notices will go out in just a few months, and how you are tiered, especially if the state offense is more broader(ie, no categorical match. Is there an automated system that will do this? How long will this process take?

I will say I will not be traveling internationally anytime soon, as even if I’m no longer required to register, my return from the trip may be the flag that puts me back into system.

Man this is so depressing.

I could be wrong, but I don’t think the government is going to be sending out notices-that would be up to individual States themselves.
It isn’t the government that sends out community notifications, it’s the County the offender is residing in and each County and State updates and keeps it’s own database, not the government.
It is the duty of each State to determine who is under what rules according to their offense(s), so I think that will be done by local law enforcement.
At least, it makes more sense to do it that way.

I think it may come from the feds bro.

@ Tom: I have a simple charge/conviction from one State that my current State can’t seem to figure out – despite hiring 60 new F/T administrative staff specifically to do this work. 🙄
So, no, there isn’t a computer that figures out the commensurate statute/penal code…. just good old-fashioned humans standing around a water cooler… or eating their glazed donuts. 🤷🏻‍♂️
Signed, “TBD”

Last edited 13 days ago by David⚜️

I am happy to hear that this organization will challenge SORNA.

I always thought that they were meant to be used as guidelines to the States who wish to implement them under the guise that the regulations would create more uniformity.
Like the federal tax law operates with the same force and effect everywhere. The problem is that different states have vastly different laws triggering the requirement to register. For instance, the age of consent is different in different States. So 2 people in different states can engage in the exact same behavior but one ends up on the registry and the other doesn’t. Then the Federal government comes along with an additional overlay of rules and regulations to impose on the one who has to register. There is no equal protection.

This is for SR or anyone else who wants to chime in:

18 U.S.C. § 2250- Failure to register

          Section 2250 of Title 18, United States Code, makes it a federal offense for sex offenders required to register pursuant to the Sex Offender Registration and Notification Act (SORNA), to knowing fail to register or update a registration as required. State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.
          A sex offender who fails to properly register may face fines and up to 10 years in prison. Furthermore, if a sex offender knowingly fails to update or register as required and commits a violent federal crime, he or she may face up to 30 years in prison under this statute.

Updated May 28, 2020

what does this mean to us here in California?

Now this is federal right? Or at we talking about the regulations being implemented in California? If we’re not, I’ll just wait on word from the state.

are*

And I hope Janice and team are planning a challenge to the 4 times a year in-person reporting for level 3s, and of course the internet identifiers. CA SC already ruled the later was unconstitutional as a blanket enforcement. If they do implement similar requirements or comply with SORNA it has to be argued that the SORNA tiers apply and not CA stupid tiers where CP and 288,2s are not tier three. I think, and it just my layman opinion that all this needs to be challenged in CA state courts on the CA constitution at first.

Yeah CA has not been and is not SORNA compliant anyways, at the moment. Lets hope it stays that way and that they do not replicate CA to be more like the fed Sor. Nevada went from a dynamic risk based system to the stupid offense based that is fed SOR. Don’t see how that has not been challenged, neither in CA courts yet. Alaska and Hawaii SCs declared you have to have a hearing to be able to prove you are rehabilitated and not a threat based on dynamic risk factors. CA SC will do the same thing I guarantee it. So much that my suit is almost ready to go to do just that in CA, except I am going to be arguing it is the state’s burden to prove I am a threat and not the other way around.

The regulations being proposed do seem to make a change, from requiring action by States to requiring action by sex offenders themselves.

Sure seems like we’ve now gone way beyond sending in that discount club card once a year…

Hopefully the actions being planned against this will result in an improvement.

I haven’t seen anything that targets sex offenders. It all appears to affect Registries and PFRs. Unless I missed something.

My understanding is that the original SORNA regs were directed to the States and pushed the States to put requirements on sex offenders. Some states complied and added the SORNA rules to their state registry regime, some did not.

To my reading this new set of SORNA regs switches the onus from the States to the individual offender. Instead of directing the States to do something or require something of offenders, the new SORNA regs put the responsibility directly on the offender.

There is some room for debate on how much was required of individual offenders under the original SORNA regs, but the new ones seem to directly put the responsibility on the offender.

good luck with that because if your state doesn’t follow sorna there is nowhere to go to register 4 times a year. if the state doesn’t tell me to do that i won’t.

Definitely a problem for all of us in non-compliant states, as it’s going to be impossible to fully comply even if we want to. Not only don’t we have to register every 90 days in my state, there is literally no public-facing office where we could. Our registration is done by mail and I was told that there would be office to receive an in-person registration even if we tried.

True, they say we’ll be able to present all this as a defense. But, that means we’ll first get charged/arrested/put on trial. All because of something we have no control over and no ability to comply with.

Seems like a great excuse to arrest lots of people now, and then let the courts work it out later.

No, Steve, that’s not going to happen.
The feds will NOT come and arrest you or anyone for that matter that has no way to comply.

How do you know this?

How do you know that offenders will not be swept up in the next mass action done with Federal Marshals as they work on their task forces in conjunction with state officials?

It seems that they have a habit of arresting anyone with even minor technical registration violations. I’m sure that many of these people get released later on, but the damage is already done once you’re arrested and in custody.

Do you really think that the Marshals will reason this out on the street? That they’ll consider whether or not it’s possible for you to make an in-person registration appearance before arresting you for failing to do so?

If you have some evidence please present it. Otherwise, I’m going to assume that the defense(s) mentioned in the new SORNA regs are like any other legal defense – they get applies only after you are accused of a crime and not before.

I don’t think all the thousands of governments in Amerika together could name 100 sex offenders in the entire country. If they could, they should be arresting them and putting them in jail. SORNA does not have any effect at all on those people until/unless they are convicted of a sex crime.

SORNA affects PFRs and for sure puts legal requirements directly on them. It has nothing to do with sex offenders.

Could these new regulations be the catalyst to overturn Smith vs Doe sending it to the Chief Justice Roberts? Be interesting to see what states decide to do. Let this be the crack in the dam parting SORNA into thin air and placing it in the reins of Hell!!

An Interesting Thought…CJ Roberts seems bound and determined to find that the Biden Administration cannot use the Delegation Authority premise to implement the vaccine mandate….and if so, then The Delegation Authority to the Dept of Justice to install these SORNA rules might also fail in that the imperative seems more urgent and immediate regarding Vaccines than for us…if OSHA can’t have delegated authority, the Dept of Justice should not either.

Best Wishes, James I

Brandon and James I, I was thinking the exact same thing the other day. But remember, you had one of the justices in Gundy who would have ruled to shut down the delegation authority except he basically stated he did not want to rule in favor of an SO. So don’t get your hopes up too much.

@James I

It does already fail. This is despite one Associate Justice saying no it doesn’t because of who was bringing the case to be heard and despite the bench also saying this principle needed to be revisited by the court. This isn’t being a non-biased legal professional but being a diety instead.

@James I:

Your premise falls flat because the US AG was specifically delegated the authority to decide how SORNA/AWA applies. The argument with OSHA trying impose the vaccine mandate is it has not such delegated authority.

(As an aside, if one breaks down the OSHA emergency powers criteria and applies them to the mandate, it also falls flat.)

As one will see today, SCOTUS denied OSHA their ability to mandate things through emergency powers not delegated to them.

Thank you so much.

I received a message from my friend J.P. Welsh of Safer Virginia last night about updates on the registry and about a conference on zoom, and yes he does mention about ASCOL’s plan in 2023 and sure many should look forward to going to D.C even as a bus group from VA or other states. Even getting back to ones camping or sleeping bag ordeals is a plus.
 I’m sure if they can have a rally in Tally than this registry has a reason more so in law and government and yes we all look forward to D.C. Society Justice vs social justice whats more in justification/ peaceful challenge. J.P also mentioned that we in VA are keeping up pretty good with SOMA and yet I have to agree with Janice and many of you all on this SOMA issue. Its like one flew over the Coo,koooos, nest.

Brandon isn’t SORNA a law in and of itself that is sort of a roadblock in much of this registry issue. I mean this sex issue is bad enough even to add more fire to the pot

I have told you all that!!! John Walsh wants to place the blame on all people for his son,s death. When it was his wife who admitted to not watching thier child. But YOU have too pay for the fault of A parent who didn’t give a shit. Til her kid became missing that they give a shit.. Oh no it not they place to watch their kid its YOURS. And don’t forget

This is the same case with Ron and Lauren Book hell bent on persecuting registrants in Florida. Ron was a millionaire. He could have had the best care money could buy, but he hired an undocumented worker to watch Lauren when she was a child. He then went off on his mad pursuit of money and never realized his daughter was being abused. What a father! Now they must blame you and me for his poor parenting and negligence.

“Sex offenders also must register in a jurisdiction in which they attend an educational institution, broadly defined, whether or not that is the jurisdiction of residence. Correspondence or Internet courses are exempt, unless the program also involves some physical presence in the jurisdiction at the school.”

What does the word “jurisdiction” mean? If I live in one city within a county and go to college in a different city within the same county do I have to register in that new city? Both cities have their own PD.

I may be wrong but I understand jurisdiction at least with the Texas SO statutes to be either the city where you register if you live within the city limits or the county where you register if you reside outside any city limits.

In Texas, in your example, if I am correctly understanding, you don’t register with the city where the college is located (if in-state) but you register with the college campus police. Note Texas is not a SORNA compliant state.

So jurisdiction and related rules are different depending on your state and possibly if your state if SORNA compliant. You need to check with your state SO statutes.

How can the average citizen know and understand the byzantine federal, state, county and municipal regulations? This can’t be constitutional.

Morning to all!
So as of right now, CA is not SORNA compliant? That means that if I register once a year I continue to do so without having to worry about registering every three months (since I haven’t received a government, state or county notice regarding my current registration requirements)? If for some reason we do find ourselves registering every 3 months, would that begin at your birthday or the beginning of every year? I am asking, because we all know how states/counties can be or try to place fear in you! I am just trying to be alert and aware because like many of us, we have children and wives that we are trying to protect and be there for. I have been on top of my responsibilities and have a great job where doors continue to open and I am trying not to let the sky be my limit or anything trying to hold me back from being a better provider for my family. Please let me know, much love, respect and praying for you all!

@Ruben – Our best guess is that your local law enforcement office will tell you if you need to register more than once a year and if he/she does so, then he/she will tell you what date(s), including the month, you must register.

Thank you for commenting Janice. What if my local law enforcement doesn’t let me or many CA/LA County register citizens know? What would be my next step?

“State convicted sex offenders may also be prosecuted under this statute if the sex offender knowingly fails to register or update a registration as required, and engages in interstate travel, foreign travel, or enters, leaves, or resides on an Indian reservation.

so chime in people?? what does this mean in California? feedback is appreciated!

A question that bothers oneself and I’m sure many—The goal of online sex sting operations is to prevent sexual predators from soliciting minors. So who is soliciting a minor in this web of deceit whether online or offline sexual or non sexual in this type of cohesive law or justice type, with this form of temptation type action, or who perverts to prevent?
Should we all be realistic about this or do we all justify our actions So is its all about the internet or some I told you so ordeal, or a you thought you were talking to a teenager to compensate for one’s actions when blind justice tried to justify their actions. So is true justice ringing today or is this some watershed justice of a confidence type challenge. Is government holding out with some FTR…now I sound like Will Allen. And yes we all can get a mad and upset

Would lying, deceit, or disguising oneself be a part of real true justice today? or maybe some jaded justice to pervert others, or is even the registry a trap type honor system of a reform school law that is challenge able or changeable in nature. Who’s weighting the balance? or where is christian liberty or true value in the America Justice system today or perhaps court values have gone by the wayside today in many respects. Challenges are good and I do wish Janice and many that undertake these ordeals Gods speed.

So how does this new SORNA effect SO in California who have gotten their record expunged 1203.4?

This is my question as well.

Per the 2016 DOJ report of CA compliance under SORNA, it shouldn’t affect people with 1203.4. Under SORNA, it works exactly as originally intended (before the CA amendment) and removes your duty to register and follow SORNA guidelines.

Caman its a wait and see game in many instances. J.P.Welch of Safer VA last time he wrote to me he was in Florida and that was last year about this time. He told me nothing was really happening in and around VA. My sister I hate to say is one of those busies bodies yet I could have lost her back than but she was on a different plane ( with band members) in the Marshall plane football crash. She doesn’t even want to think about that crash I’m so but i’m sure Janice and her team have everyone’s best interest out in CA.

This is extremely unsettling and I’m quite terrified! I can’t believe we have to live in constant terror of going to jail over trivial things and forced to jump through hoops in order to stay in compliant. We basically have to become lawyers in order to deconstruct ambiguous law that they don’t even understand. The government has revealed itself to be a terrorist group in plain site and no one gives a hoot. This is literally the definition of cruel and unusual punishment.

Please stay strong my fellow registrants. WE MUST FIGHT BACK.

you stay strong too Mike . Warriors to the end , and hey don’t let anyone BS you we are all scared at some level ,

I’m just going to keep doing what I’ve been doing till the state legislature changes a law. First game of whack a mole Russian style with our government. I rather put lipstick on a pig, at least I’d get some bacon and a rack of ribs.

Does Affirmative defense mean it has to be resolved in court? Like, they can arrest you, lock you up, charge you bail if you can afford it and wait for your affirmative defense to grind it’s way through the legal system?

Why would it be any different than any other affirmative defense? There have been a couple of high-profile cases recently where the defendant presented a self-defense argument, another affirmative defense. They didn’t deny the action/lack of action, just that they had an affirmative defense. In one of those cases the defendant was found not guilty, in the other they were convicted.

Just because there is an affirmative defense doesn’t mean you’re going to avoid arrest, indictment, trial, or conviction. It just means that you have something to present in trial to convince the court & jury that you had a justification for your actions.

Perhaps sometimes a prosecutor will use discretion and not bring a charge if there is a strong enough affirmative defense, but from what we’ve seen in the news in recent years that is usually only done for sympathetic defendants. Can’t see that playing out in a good way for a sex offender accused of FTR.

So what this means is that in any state that is not compliant with AWA any registrant can be arrested, taken to jail if they can’t bail out, wait in custody until their trial date and present their “affirmative defense”?

Last edited 11 days ago by dram

Good summary of what many of us are very worried about.

After a little more investigation, the Federal Marshal has to gather evidence, present that to a federal magistrate for review before they can get a warrant. Don’t know then whether there is a Grand Jury involved after the arrest. But it seems due dilligence on the part of a Federal Magistrate might quash so called evidence opposed by the “Affirmative defense”

I just hope they don’t pull the wool w.o notification(s) NOT going to any Fed or CA RC’s and the USMarsh nor FedAgence de A. come and arrest any RC’s that are current and hall off due to new Jan 7th implementation. I hope we find out here first from them/fam if it even occurs and hope ALL including notifiy JB/CO on here and ACSOL their exp. IF it even is enforced here in CA and NON Sorna States during this newer admin. Be Safe

Did my annual registration here in California first week in January and nothing was brought up regarding new Sorna Regulations.

Hi Jason,
That is good news. Mine is coming up next month. Were you allowed tp go into the office or was it by phone again? Also, is it the same 4 pages to initial?
Thanks!

Sorry to jump into the conversation, but thought I could help. I, like Jason, had my annual very recently. Nothing brought up for me as well. I’m in San Bernardino County and was allowed in office. Pages were mostly the same, however, the initial’s section now includes info regarding the tiered system. Therefore, the amount of pages went up, which, I swear, is a recurring theme every year I do this lol

Let me jump in too!

I get why you said “lol” but none of this idiocy is funny. Some people just roll with it but the Oppression Lists are nothing short of war. A flat-out, illegal, immoral, act of war and terrorism.

So you all are saying there are 4 pages of information to initial? That is 4 pages of “requirements” that the people being forced to sign are supposedly acknowledging? I think you are. Where I live there are 43 individual items that a PFR is forced to initial. Some of them are outside of the law, as usual. It’s unacceptable.

I was feeling extra rowdy about the Oppression Lists (OLs) last night and extra committed to the anti-OL goals that I’ve been successfully executing for decades. Long ago I stopped caring if the criminal regimes and their terrorist supporters will suddenly get some morals or do the right thing. I stopped caring about their “arguments” that the OLs are not “punishment”, not probation/parole, make sense, and are acceptable. They lost their moral high road long ago. They lost their right to judge.

Today, I’m the judge. Registry Supporters deserve punishment and consequences. I promise that as long as the OLs exist, with respect to my family, they will do nothing useful for anyone and they will cause grave harm to Amerika. I’ve proved to myself that can continue indefinitely.

You really were feeling extra rowdy. Geez. It seems these 3 letters really triggered you. The ‘lol’ was meant to be lighthearted. Yes, this is all serious, yet, it can be comical if you can find any humor in it at all, which I try to do in my daily life. It helps me not to lose it. Somehow, you attached me to ‘4 pages.’ I never mentioned that, so let me clarify what I was trying to explain to Jacob, and, I guess, now you.

My complete annual form is now 6 pages (single paged). Pages 3-5 consist of the ‘initial’s section,’ which is what I was referring to. There are 27 of them now, which includes updated information regarding the tiered system. The final page makes me chuckle too, as it is called ‘Privacy Notice.’ What privacy?

I am with you, but please do not seemingly attack or jump down my throat about how I conduct myself on here because I simply addressed the same idiocy that you stated, but in a different way.

Yeah, I wasn’t triggered. I act like this all the time.

I understood who said the “4 pages” and all that. I was aggravated by that stupidity, for sure.

That “privacy notice” is funny. Supposed to be a joke? They can shove that up their asses.

“People” who think Registries are acceptable are terrorists. All good Americans will continue to treat them as such.

Sic semper tyrannis.

I’ve been looking at the state police website for Pa for any changes, haven’t seen anything yet, when they added act10 in after the Munez decision came down, they updated the website, they blacked out some peoples photos and added some things to the website, not thinking states are going to go along with the DOJ’s order for fear of mass lawsuits.

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