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…
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………..!
I’d like to remind everyone that EVERY ONE OF YOU should send in a statement, and the sooner you get it in, the better.
But please don’t use “form” letters or template letters. No one likes those and they’ll be rejected. You don’t have to write Shakespeare here, just give your honest opinion on why SORNA is a bad law.
As of this morning there are 120 statements. We need more! I’d love to see more than a thousand.
Thanks for the motivation to submit a comment. My submission:
I understand the proposed rules may be perceived as simply administrative changes to civil code, however, this particular civil code has regulatory ramifications with the potential to affect millions of individuals and collaterally, their household members, which may number in the tens of millions. What other civil statutory scheme in the federal code provides for criminal penalties in excess of a decade or more in prison and up to LIFETIME of supervised release? With such stiff penalties for non-compliance, citizens rightly expect such demanding regulatory schemes to be highly effective at achieving their stated goals. SORNA, and other variants of sex offender registration schemes cannot demonstrate this. The burden that sex offender registration schemes place on US citizens and, subsequently, on law enforcement agencies to ensure technical compliance make this one of the greatest legislative failures ever conceived, perhaps surpassing that of Prohibition.
At its core, any type of registration scheme promotes the objective of pitting neighbor against neighbor. This type of schema is fundamentally flawed and can never further the objectives of public safety. Its only actual effect serves to make communities feel less safe. No DOJ statistic or other independent study can show that SORNA has achieved any of its stated purposes. Therefore, let us not continue to weave a more convoluted web of regulations when even our highly trained law enforcement agencies cannot properly enforce the current regime. Instead, those with the power to enact these statutes should demand evidence-based approaches that can demonstrably reduce the prevalence of sexual crime.
God help us if the “Law and Order President” ever latches on to this issue. He’ll have us all rounded up and sent off to concentration camps or worse. America will applaud.
Well If you’ve been looking for a reason to go ahead and just completely give up trying to navigate this disaster piece. Its seems your chance is coming. I dont even know what to say about this stuff anymore. This country’s cities are literally burning down and law makers go on vacation with people being evicted and cant pay bills. Yet they still have the time to seek an increase an already unconstitutional registy. I dont like to complain much. But man. What the hell am I suoossed to say anymore thats positive. I mean really. Where does this nightmare stop?
Oh… complain. You have the opportunity to submit your comments on this, so take that opportunity.
Do we have any idea if anyone will even read the comments? Or will it be just another public comment we get dragged through the mudd over? Who is it thats supossed reads the comments?
They will likely read. There are presently 98 comments posted. We are drafting FAC’s comments and should have those submitted well before the deadline.
One more question. Can FAC make a recommendedion on how long it should be? Or maby what to say or not to say?
FAC can do whatever it wants. FAC recommends there should be no registry.
Since Florida is so far above and beyond what SORNA requires. If the SORNA rules were the Florida rules it would be a gift to all of us! Tiers?!? better than we have now. No SORRs?!? great, we can find housing! Temporary residence is 7 days and not 3?!? Not ideal but at least we can go away for a long weekend without taking an extra day to report.
We will post our reply online so members can see our position. It’s not due for more than a month, so give this some time for us to filter it through so that we can gather multiple comments, but we should have something up within a week.
Sounds good and thank you. Iv been on this thing since that day it started so I have something to say. I want tomake the most intelligent yet informative and persuasive comment possible. Thank you for the reply.
That is the number that I see right now. What a very sad, sad number. People don’t seem to care very much about being listed on the Hit Lists. I could write 100 comments all by myself.
Hopefully people are just working on their comments and intend to submit them when completed. People Forced to Register should be yelling about the illegal Hit Lists every single day.
There were 98 comments yesterday but just a moment ago when I looked at it, there’s only 68. What happened????
So it now says “after the sanctions are served the person is on the registry for life”?
SORNA says that? Or just Fla.?
I forgot vehicles both the registrants AND ALL WHO LIVE IN THE SAME HOUSE are on the registry in Floridiot just to keep your loved ones as far away as they can from you.
Cities are burning because of rioters… oh wait, according to CNN “peaceful protests”, yet somehow the AG is finding time to worry about sex offense registration? Wow! Just wow!!!!!
The rioters are no threat to public safety. Not one bit. And any of them who get convicted of arson, vandalism, harassment, assault & battery, etc. will NEVER have to tell ANY government or LE agency their living situation or their travel plans.
A-f*cking-mazing!!
Why does it say in Florida starts when sanctions end?Florida does not have tier’s and it is also life unless Romeo n Juliet.
The sanctions end was back 5 amendments back in the 90’s
Because that is what the legislature passed.
Sanctions: a threatened penalty for disobeying a law or rule.
Therefore, we are sanctioned to the registry. Therefore, it is part of the sentence/punishment. Therefore, it should end when all OTHER sanctions (prison/probation) have ended.
Therefore, this is a damn good argument for a good attorney looking to help fight this nonsense.
By sanctions, they mean jail time, parole, and probation.
That was my point, actually. But technically the registry is a sanction. You don’t get put on the registry for a DUI so technically the registry is part of the sanction for the sex “crime”.
(I put crime in quotes because certain things should not be criminalized).
If you are not convicted under a federal offense and are now being required to adhere to federal registration isn’t that double jeopardy?
Not if it’s “not punishment.”
If you are released in one state, but convicted in another, you must immediately travel to the state of conviction to register, then travel back to the state of residence to register there, all within 48 hours, did I read that right?
Often the state posts an incarcerated person on the public registry. My loved one’s state of Virginia did. So that time wont count towards the registration years now for the purposes of getting off, and it differs from the state rules. Its a free public shaming time on the part of the federal government that wont even be counted.
So if I was convicted in one state, and reside in another, I will have to travel back to the original state to register for the initial registration? Who is going to pay for those costs. If I do not it will be considered as a failure to register? It is a complete setup.
Hello Cory, From my understanding:
“”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)””
Its only if lets say you were charged in Jacksonville but live in St Augustine. Once convicted you have for the first time only go back to Jacksonville Register there and register in St Augustine.
This in no way shape or form is going to make you get on an airplane and fly back to Florida if you live for instance in Oregon.
So basically the Fed’s want to get in on this incarceration bandwagon that the States so much enjoy.
This is all so overwhelming! It seems like they are being set up to fail!
Arnt laws suppose to be written so normal people can understand them? Maybe they are on purpose trying to make AWA so difficult to understand not even a judge can figure it out
That should be embodied in an official comment. The legal contortions this registry spaghetti has made is going to send many in the justice system to an early grave with all the mess its caused. All they’ve managed to do lately is play tennis with cases because none of them can interpret the law as it stands.
Point is, sex offender registration law is an unintelligible tangle of useless garbage.