[ACSOL] The federal government issued proposed regulations to the Sex Offender Registration and Notification Act (SORNA) last month that, if adopted, would create uncertainty in the lives of registrants throughout the country. That is due, in part, to requirements upon individuals that require state action which states may or may not be willing to take. For example, individuals in many states are currently required to register only once a year, however, the proposed regulations would require some of the same individuals to register four times a year. If a state…
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6th Circuit Decision Requires Registration Even When State No Longer Does
The Sixth Circuit Court of Appeals has issued a decision, that if left unchallenged, will require some individuals convicted of a sex offense to continue to register for life even if the state in which he resides no longer does. “This decision is shocking and could reverse the benefits of every state’s Tiered Registry laws as well as other post conviction relief,” stated ACSOL Executive Director Janice Bellucci. “The Court has literally ruled that once a sex offender, always a sex offender.” The petitioner in this case, Mr. Willman, was…
Read MoreFederal Government Publishes Proposed Changes to SORNA
[ACSOL] The federal government yesterday published in the Federal Register proposed changes to the Sex Offender Registration and Notification Act (SORNA). The changes encompass a total of 93 pages and include a wide range of topics, including retroactivity, tier levels, professional licenses and travel (both domestic and international). Replies to the proposed regulations are due no later than October 13, 2020. According to the proposed regulations, SORNA will apply to all individuals convicted of a sex offense, including those convicted before it was enacted. The federal government claims to have…
Read MorePA: Internet dissemination provision of SORNA II violates the federal prohibition against ex post facto laws
Summary from FAC: A Pennsylvania Appeals Court has found that the dissemination of persons who have been convicted of sexual offenses’ information on the internet (Megan’s Law) violates the ex post facto clause of the Constitution for individuals whose offenses pre-date the ordinance. Pennsylvania’s Supreme Court had a prior landmark decision (Commonwealth v. Muniz, 164 A.3d 1189 (Pa.2017)) finding similarly, so this new opinion will not likely be groundbreaking, but it will show that the prior findings are being upheld and people in Pennsylvania DO have relief from the public…
Read MoreAfter Epstein death, glaring loopholes in national sex offender registry raise concerns
Amid the fallout from the death of Jeffrey Epstein – compounded by sharp questions as to why he was able to live such a lavish and unencumbered life despite being a registered sex offender – scrutiny has turned to the National Sex Offender Registry, its discrepancies and its lack of uniformity – all of which the disgraced financier may have exploited. Full Article
Read MoreFL: Approves Database to Publish Details of People Who Pay for Sex
The Florida legislature passed legislation within the past week, Senate Bill 540 and House Bill 851, to establish a public database that tracks people convicted of, or who have pleaded guilty to, soliciting paid sex. While the legislation’s bipartisan authors consider it to be a step toward ending human trafficking, critics call it a means to publicly shame clients and others associated with people who do consensual sex work. The Soliciting for Prostitution Public Database will include anyone convicted of or pleading guilty to “soliciting, inducing, enticing, or procuring another…
Read MorePA: SORNA Registration Equal to Being “In Custody”
For a federal court to consider a habeas petition, the petitioner must be “in custody” at the time the petition is filed. Past cases have found custody to include parole restrictions, own-recognizance release pending appeal, and community service obligations. Today, the Third Circuit held that the requirements that come with registration under Pennsylvania’s Sex Offender Registration and Notification Act satisfy the habeas custody requirement because SORNA restricts registrants’ physical liberty in various ways, including banning computer internet access and requiring them to appear frequently at a state police barracks, in…
Read MoreWhy Should Feminists Be Against the Sex Offender Registry?
In October, the Supreme Court heard a case that was painfully ironic, considering the Kavanaugh hearings the nation had just been subjected to: a challenge to the United States’ extremely restrictive sex offender registry laws. While opinions on the case Gundy v. United States, which challenges the Attorney General’s ability to retroactively impose registry requirements, have yet to come out, debate around sex offender registries is particularly important in the wake of #metoo. Established in the ‘90s following several high-profile rapes and murders of children, the sex offender registry used…
Read MoreSCOTUS: Who Gets to Define the Crime?
Agencies have to interpret statutes to carry out the work of the administrative state. But in the hands of federal prosecutors, does interpretation amount to defining the crime itself? Herman Gundy believes that is what happened to him. In a case before the U.S. Supreme Court this term, Gundy v. United States, Gundy is challenging his conviction for failing to register as a sex offender under the Sex Offender Notification and Registration Act (SORNA). Failing to register is a federal felony. Full Article
Read MoreJustice Department awards $13 million to help jurisdictions register and track sex offenders
The Office of Justice Programs’ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) today announced awards of approximately $13 million to improve the registration and tracking of sex offenders. The grants are being awarded to states, U.S. territories and tribal communities. Full Announcement
Read MoreSex offender registry sparks Supreme Court debate over congressional powers
Supreme Court justices on Tuesday grappled with how much power Congress can pass on to federal agencies in a case that could change the way Capitol Hill legislates. Full Article Transcript of oral argument
Read MoreSCOTUS: Justices face nondelegation challenge to federal sex-offender registration law
Argument Preview: Congress enacted the Sex Offender Registration and Notification Act. One provision of SORNA created a requirementthat a convicted sex offender register with every jurisdiction in which he resides, works or studies, as well as in the jurisdiction in which he was convicted. Another part of SORNA, its criminal enforcement provision, made it a crime for a convicted sex offender subject to the registration requirement to fail to register or to keep his registration information updated if he travels across state lines. But what about sex offenders convicted before…
Read MoreRegistration Influenced by Racial Bias, Ohio Study Claims
The classification of sex offenders based on the risks they pose to the community following their release from prison is subject to racial bias, according to a study published in the Criminal Justice Policy Review. Full Article
Read MoreNJ: Court Stops Retroactive Application of Lifetime Registration Law
An appellate court in New Jersey has ruled that the state government cannot retroactively apply a new law that requires life-time registration to registrants who had the possibility of relief from that registration at the time they pled guity. According to the Court, the restroactive application of the new law would be “manifestly unfair” to registrants. “Although the New Jersey court based its decision on the intent of the state legislature and not on the ex post facto clause of the U.S. Constitution, it reached the right decision when it…
Read MoreCase Spotlight: International Travel Notification
In 2011, the Supplemental Guidelines for Sex Offender Registration and Notification officially included in SORNA’s standards the obligation that jurisdictions require their registered sex offenders to provide 21 days’ notice of any international travel. However, before International Megan’s Law passed, it was difficult to federally prosecute sex offenders for failing to notify registration officials of intended international travel or relocation. For example, in Nichols v. United States, 136 S. Ct. 1113 (2016), the Supreme Court held that a sex offender could not be federally prosecuted for failure to register under…
Read MoreNew Civil Liberties Alliance to Supreme Court: “Don’t let the Attorney General write criminal laws”
[news-journal.com – 6/1/18] The Constitution vests all legislative powers in Congress, and thus bars Congress from splitting its authority with an unelected executive official. Nonetheless, when Congress in 2006 wrote the rules for registration of sex offenders in the Sex Offender Registration and Notification Act (SORNA), it gave a blank sheet, with no guidelines, to the Attorney General to create registration rules for past offenders. This executive lawmaking is being challenged at the U.S. Supreme Court in Gundy v. United States. Although the particular case concerns registration rules for sex…
Read MoreGA: Sex offender registry problems cost the state federal funds
Shortcomings in Georgia’s sex offender registration program are going to cost the state hundreds of thousands of dollars in federal grant money, according to a letter the U.S. Department of Justice sent to the governor. Full Article
Read MoreConvicted of Violating a Law that Does Not Exist
[cato.org – 5/24/18] Herman Gundy stands convicted of violating a law that, for all intents and purposes, doesn’t exist. You may recall from high school civics that the Constitution separates the powers of the federal government among three coordinate branches. You may also recall from “Schoolhouse Rock” that a bill becomes a law after it’s passed by the two houses of the legislative branch and signed by the president. Unfortunately for Gundy, things are no longer so straightforward. The Sex Offender Registration and Notification Act (SORNA) set up a national…
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