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
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Convicted 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…
Read MoreThis Case Could Help Prevent Congress From Outsourcing Its Power
[heritage.org 3/8/18] Gundy v. United States could result in a ruling that would challenge Congress’ tendency to delegate lawmaking authority to executive offices. Key takeaways: SORNA established a comprehensive system of registering sex offenders and requires offenders to register in the jurisdiction where they live, work, or go to school. In practice, however, Congress delegates quite a bit of authority to executive branch officials and administrative agencies. When Justice Neil Gorsuch was on the 10th U.S. Circuit Court of Appeals, he dissented from the court’s denial of an en banc…
Read MoreDOJ SMART: Case Law Updates
Through the course of the year, the SMART Office follows state and federal case law about sex offender registration and notification, tracking the latest opinions, trends and arguments. We aim to publish a summary for informational purposes annually. Archived issues are available below. Case Law Updates
Read MoreThis Case Could Help Prevent Congress From Outsourcing Its Power
[dailysignal.com] How much authority can Congress give to the attorney general to effectively write the criminal laws? That’s a question the Supreme Court will address next term in a newly added case, Gundy v. United States. This case goes to the heart of the Constitution’s separation of powers and, specifically, how much Congress can pass the buck to the executive branch to make our nation’s laws. And that, in turn, is about safeguarding liberty. In Gundy, the court will review Congress’ delegation of authority to the attorney general to decide…
Read MoreThe Supreme Court May Revive a Legal Theory Last Used to Strike Down New Deal Laws
[UPDATED links 3/9/18] [slate.com] On Monday, the Supreme Court agreed to hear Gundy v. United States, a constitutional challenge to federal sex offender regulations. If, like me, you believe that America’s current sex offender regime is draconian, unjust, and counterproductive, that might sound like good news! And perhaps it is. But there’s one aspect of the court’s grant that may be very bad news from progressive viewpoint: It will only consider whether the policy in question violates the nondelegation doctrine—a hazy legal principle last used to strike down New Deal legislation in 1935. Full…
Read MoreThe Sex Offender Registry: Vengeful, unconstitutional and due for full repeal
The Bureau of Justice Statistics reports that at least 95 percent of all state prisoners will be released from prison at some point. However, convicted sex-offenders almost exclusively face the vengeful, additional punishment of registration under the Sex Offender Registry and Notification Act (SORNA). Full Opinion Piece
Read MoreAmerican Samoa: Amends Act governing sex offender registration
American Samoa’s Governor Lolo Moliga has signed into law a bill amending the American Samoa Sex Offender Registration and Notification Act, or SORNA. The changes allow American Samoa to be in substantial compliance with requirements of the US Sex Offender Registration Act. Full Article
Read MoreKentucky, Indiana among states not meeting federal sex offender registry mandates
Neither Kentucky, Indiana nor Illinois are among the 18 states in the nation meeting federal guidelines for sex offender registering and notification. In its most basic form, registering as a sex offender means providing certain information, including physical description, fingerprints, a DNA sample, social security number and Internet communication identities to the authorities in the area where the person is going to live, work or go to school. While many states, including Kentucky, began requiring convicted sex offenders to register in the 1990s, it didn’t become federal law — known as the…
Read MoreJustice Department Announces Almost $18 Million In Awards To Support Sex Offender Registration, Assessment, Intervention
Today the Department of Justice’s Office of Justice Programs (OJP) awarded almost $18 million to implement and enhance sex offender programming throughout the United States. “We have made tremendous strides over the last decade toward building a comprehensive sex offender registration and notification system,” said Director Luis C. deBaca, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART Office). “The new awards take our efforts to the next stage, giving our state, local and tribal partners evidence-based tools and technologies that will enhance their capacity to manage sex…
Read MoreSCOTUS: Justices skeptical about government’s interpretation of sex-offender-registration law (Analysis)
In the early days of Monday Night Football, as soon as it became evident that the game was effectively over, color commentator “Dandy” Don Meredith would begin to croon, “Turn out the lights, the party’s over . . . .” During the government’s argument in Tuesday’s hearing in Nichols v. United States, the lights in the courtroom actually went out. And, if the Justices’ hostile questioning of the government’s lawyer provides any clue, the party may indeed be over. After Daniel Hansmeier, the federal public defender representing petitioner Lester Ray…
Read MoreSCOTUS to Decide Reach of Sex Offender Registry
The Supreme Court on Friday said it will consider whether the Sex Offender Registration and Notification Act requires sex offenders who move to a foreign country to notify their prior home state of their change of residence. At issue is are the cases of two men who lived on opposite sides of the Missouri River in the Kansas City Metropolitan area, were both convicted of sex crimes in unrelated cases prior to the enactment of the Sex Offender Registration and Notification Act, and later moved — again separately — to…
Read More“Attempted Sexting” Lands 24 Year-Old on Sex Offender Registry
Should a person be ordered to register as a sex offender for sending explicit video to a minor (sexting), but never physically touching the victim? The Fifth Circuit Court of Appeals says yes. Full Article
Read MoreWithdrawn Plea, Vacated Convictions Included in Ever Expanding Reach of Sex Offender Registration
SORNA, the Sex Offender Registration and Notification Act, became law in 2006. We recently posted a piece about how the Fifth and Eleventh Circuit Courts of Appeals have expanded the definition of what constitutes a sex offense under the law. These two circuits were following the trend in SORNA cases. In 2013, the U.S. Supreme Court in United States v. Kebodeaux said “SORNA’s general changes designed to make more uniform what had been ‘a patchwork of federal and 50 individual state registration systems” which had “’loopholes and deficiencies’ that had…
Read MoreJurisdiction Substantially Implements SORNA (Colorado)
WASHINGTON, Nov. 13, 2013 /PRNewswire-USNewswire/ — The Justice Department’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) today announced that Colorado and five federally recognized Indian tribes are the latest jurisdictions to substantially implement the Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and Safety Act of 2006. Full Announcement (pdf) A list of the jurisdictions that have substantially implemented SORNA (17 states, three territories, and 57 tribes) can be found at: http://www.smart.gov/newsroom_jurisdictions_sorna.htm
Read MoreHandbook: Sex Offender Registration and Notification in the United States (2013)
US Dept of Justice: The SMART Office is pleased to announce the release of the 2013 version of Sex Offender Registration and Notification in the United States: Current Case Law and Issues. This edition updates the 2012 version with new cases, issues raised, and corrections where prior case law has been overturned or modified. There were a number of developments in case law, federal legislation, and administrative policies regarding sex offender registration and notification during the last year. Below are some highlights of those changes. Readers are encouraged to review…
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