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…