A Summary of the Proposed Justice Department Changes to SORNA
This proposed rule was published on August 13, 2020. Written comments must be submitted on or before October 13, 2020 to: Regulations Docket Clerk, Office of Legal Policy, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Room 4234, Washington, DC 20530. To ensure proper handling, please reference Docket No. OAG 157 on your correspondence. You may submit comments electronically or view an electronic version of this proposed rule at http://www.regulations.gov. The proposed rule can be found in its entirety at https://www.federalregister.gov/documents/2020/08/13/2020-15804/registration-requirements-under-the-sex-offender-registration-and-notification-act.
The following is a summary of relevant changes and/or clarifications to the application of SORNA:
- SORNA does not preempt or limit any obligations of or requirements relating to sex offenders under other Federal laws, rules, or policies, or under the laws, rules, or policies of registration jurisdictions or other entities. States and other governmental entities may prescribe registration requirements and other requirements, with which sex offenders must comply, that are more extensive or stringent than those prescribed by SORNA. (SORNA is a “floor” not a “ceiling” – States, Counties, Cities or other “entities” can create laws that are harsher and in addition to these requirements)
- The requirements of SORNA apply to all sex offenders. All sex offenders must comply with all requirements of that Act, regardless of when the conviction of the offense for which registration is required occurred (including if the conviction occurred before the enactment of that Act), regardless of whether a jurisdiction in which registration is required has substantially implemented that Act’s requirements or has implemented any particular requirement of that Act. (SORNA is to be applied retroactively no matter how long ago your offense was. If your offense was 40 years ago and you have not been required to register in your state, you would now be required to)
- For initial registration purposes only, a sex offender must also register in the jurisdiction in which convicted if that jurisdiction is different from the jurisdiction of residence. (You must register in the jurisdiction of your conviction in addition to where you live)
- With regard to the duration of registration, the commencement of the registration period begins to run (1) When a sex offender is released from imprisonment following conviction for the offense giving rise to the registration requirement, including in cases in which the term of imprisonment is based wholly or in part on the sex offender’s conviction for another offense; or (2) If the sex offender is not sentenced to imprisonment, when the sex offender is sentenced for the offense giving rise to the registration requirement. (For the duration requirements – ie: Tier I – 15 years, Tier II – 25 years, and Tier III – life, the clock starts ticking when you are released from incarceration or if not sentenced to a term of imprisonment, from when you are sentenced – note that in Florida, the clock starts ticking from when you are “released from all sanctions”)
- Information sex offenders must provide now includes (1) The address of each residence at which the sex offender resides or will reside or, if the sex offender has no present or expected residence address, other information describing where the sex offender resides or will reside with whatever definiteness is possible under the circumstances; (2) Information about any place in which the sex offender is staying when away from his residence for seven or more days, including the identity of the place and the period of time the sex offender is staying there; (3) The name and address of any place where the sex offender is or will be an employee or, if the sex offender is or will be employed but with no fixed place of employment, other information describing where the sex offender works or will work with whatever definiteness is possible under the circumstances; (4) Information concerning all licensing of the sex offender that authorizes the sex offender to engage in an occupation or carry out a trade or business.
- Relevant changes as to how sex offenders must register and keep the registration current includes reporting the following (1) A sex offender who will be terminating residence, employment, or school attendance in a jurisdiction must so inform that jurisdiction (by whatever means the jurisdiction allows) prior to the termination of residence, employment, or school attendance in the jurisdiction; (2) A sex offender must report within three business days to his residence jurisdiction (by whatever means the jurisdiction allows) any change in remote communication identifier information, temporary lodging information, and any change in vehicle information. In a prosecution under 18 U.S.C. 2250, paragraph (g)(1) of this section does not in any case relieve a sex offender of the need to establish as an affirmative defense an inability to comply with SORNA because of circumstances beyond his control as provided in 18 U.S.C. 2250(c).
PLEASE STAY TUNED FOR TALKING POINTS AND A CALL TO ACTION…
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This is one of the comments I just read on there. This is sad in more ways than one and I’ll explain why at the end of the comment pasted below….
My nephew is a sentenced sex-offender currently serving time. This was his first offense, everything was through the internet and he did not physically touch or meet with anyone. He went to a legal site where a 16 year old lied about his age. When my nephew found out, he cut off contact, as well as when he downloaded groups of pictures, he would delete ones that he new were underage. That being said, the whole sex offender registry is a joke. Studies have showed that this crime has a low rate of recidivism, yet they are the ones who pay for their crimes for the rest of their lives. If a registry needs to be around, it should be visible only to the police. My nephew wasn’t even sentenced but the local media plastered his picture and did a report where the facts weren’t even correct. Then a woman in our town blasted his picture on Facebook and went on about this evil, deplorable “dirtbag”. My sister was worried that vigilantes would be surrounding her house.
My nephew lost EVERYTHING because of one stupid mistake where NOBODY was touched. He was a successful business owner, owned his own house and traveled the world. He totally owns up to his mistake and is serving his time without complaining. But even though he will get out in 4 years, he will really be serving a life sentence if the registry continues as it is. And making it public really is only pandering to the voyeurism that so many people crave. Our Department of Justice does not serve justice at all. We never would have believed that if we didn’t see the way it works (or doesn’t work) first hand.
Besides the fact that this guy just had his life turned upside down, another ‘sad’ point to this is the person who wrote it is basically being apologetic, saying that her nephew “made a mistake”. How can he be the one to have made the mistake when at the beginning of the comment this person claims that the nephew cut off contact and deleted the images of the apparent 16 yr old when the age was revealed? How is that his/her nephew’s fault? How is it a ‘mistake’?
This is a problem in my opinion, when something like this happens and we claim we (or our loved one) ‘made a mistake’. No one is making any mistake by doing what everyone does these days which is talking to people online. Welcome to the new age, eh? Or we haven’t quite figured that out yet?
If I were a politician, much less AG Bill Barr, I’m not quite sure I would have any sympathy for someone who says two different things in one breath.
If this commenter said that the nephew went through with meeting the minor, then I can maybe accept the “mistake” part of it. But when someone attempts to do the RIGHT THING by cutting off communication with someone who just revealed that they are under age, I’d like to know what the big “mistake” is.
When people are set up either by actual minors or undercover police, let’s stop using the word “mistake” and just call it what it truly is – TEMPTATION. And this coming from me, an atheist, but temptation doesn’t have to be biblically connected. It’s a fact that people can easily be tempted or swayed or enticed or tricked into things they wouldn’t typically do. For example; the right thing to do if you find a lost wallet is to turn it in to a local police station. But TEMPTATION would have us at the very least looking inside to see how much cash might be in there. Some of us would keep the cash, but my point is that we would ALL be at least curious to see how much is in there even if we don’t steal it.
Take into account all the men who have been set up by LE agents online in what are supposed to be dating/hook up sites for ADULTS, and ask yourself: Did this person actually go looking for minors on an adult site? And if these men who lived perfectly healthy and law abiding lives were easily manipulated into possibly breaking the law, then what does that say about our society? All those tough guys on Facebook comments saying “If it was my daughter, he’d be a dead man”, perhaps even those keyboard warriors could be swayed into something illegal after all the crap they talk online.
This has got to stop. We know it’s got to stop, but the only way it will is if the right attorneys SAY the things that need to be said and stop tip toeing around with “politically correct” courthouse jibberish. Tell it like the fck it is, for fcksakes!
Any thoughts?
the suicidal emotional, physical, and health-wise wreck this life and registry has caused me, makes me even more wanting to not live. it’s a sad world we live in when a politician can just make up laws whenever they want to just to tickle their belly and make them feel good, all for the sake of what I’m assuming, getting their state more money. It’s a sad world when our world treats animals much fairer than human beings. Yet, they let murders go like nothing, and theirs no registry for them. The fact that not even one candidate, can stand up and fight for us “genuinely”, is disgusting and sad, to say the least. As I don’t wish hate or death upon anyone, regardless of their past, present, or future…. I could only hope that (call it whatever, karma, etc.) will catch up to these horrific diabolical people who create these laws.
I’m sorry that I don’t possess the humanity that you do, Isaac, regarding not wishing death upon anyone. But, I stay alive just to piss them all off.
“In a prosecution under 18 U.S.C. 2250, paragraph (g)(1) of this section does not in any case relieve a sex offender of the need to establish as an affirmative defense an inability to comply with SORNA because of circumstances beyond his control as provided in 18 U.S.C. 2250(c)”
If I read this right, a person in a jurisdiction that will not register to the degree required by SORNA Can be perpetually liable for arrest and incarceration while waiting for the courts to;
“establish as an affirmative defense an inability to comply with SORNA because of circumstances beyond his control as provided in 18 U.S.C. 2250(c)”
That is beyond belief SCOTUS would accept that.
Federal registration should be only for the worst of the worst. Or any registration for that matter!. That’s if they ever get out of prison!. I believe this is happening now is because the states are worrying about their registry ending and they wont get the money thats being provided to them………..!