ACSOL: Proposed SORNA Regulations Would Add Uncertainty to Registrants’ Lives
Below are highlights of ACSOL‘s breakdown of the proposed SORNA changes:
Section 72.3 – Federal law, that is SORNA, will apply to all individuals convicted of a sex offense regardless of when the offense occurred and whether the state where the offense occurred has implemented SORNA. There are currently only 17 of 50 states that have implemented SORNA.
Section 72.4 – A registrant must register in every jurisdiction where he/she resides, is employed, and/or registers as a student. Registrants must also initially register in the jurisdiction where he/she was convicted.
Section 72.5 – Individuals assigned to Tier 1 must register for 15 years, however, that period of time can be reduced to 10 years if he/she has a clean record. Individuals assigned to Tier 2 must register for 25 years. Individuals assigned to Tier 3 must register for life unless an exception applies and then registration is limited to 25 years. Individuals must begin to register upon release from custody or upon sentencing. Individuals will be assigned to tiers by the federal government, not by state governments, despite the fact that all registries are operate by state governments, not the federal government.
Section 72.6 – Registrants must reveal their name, date of birth, social security number and all aliases when they register. In addition, registrants must disclosed “remote communication identifiers” used on the internet or in telephonic communications or postings, including email addresses and telephone numbers. Registrants must identify their residence address, name and address of employer, name and address of place where registrant will be a students, specific information regarding international travel as well as vehicle information for cars, watercraft and aircraft owned or operated by the registrant. Further, registrants must notify local law enforcement if they stay away from their residence for 7 days or longer even if staying in the same town and/or state as well as disclose information regarding any passports or immigration documents issued by other countries.
Section 72.7 – Registrants must register before release from custody or within 3 business days after sentencing. When registering, registrants must allow the registering agency to take their photograph, to verify information in the registry, to correct information that has changed, and to report any new information. Registrants assigned to Tier 1 must register once a year. Registrants assigned to Tier 2 must register twice a year. Registrants assigned to Tier 3 must register four times a year. If a registrant changes his/her name, residence, employment or school, he/she must register in the new jurisdiction within 3 business days. In addition, registrants must notify their current registration office if they intend to establish residence, employment or school prior to their departure. Registrants must report their intention to travel or to move overseas at least 21 days prior to departure.
Section 72.8 – If a registrant knowingly fails to register or update his/her information in accordance with the provisions above, he/she may be liable under federal law for failure to register. The penalty for failure to register is up to 10 years in federal prison. If charged with failure to register, a registrant may assert one or more of the following affirmative defenses: uncontrollable circumstances prevented compliance with SORNA, the registrant did not contribute to the creation of those circumstances and the registrant complied with SORNA as soon as circumstances preventing compliance ceased to exist. In addition, SORNA compliance shall be a condition of federal probation, supervised release, or parole and failure to comply with SORNA shall be basis for revocation of release from custody.
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Are these changes suspended?
This morning’s NY Times reports that Biden will “issue a freeze on all new regulations put in motion by his predecessor to give his administration time to evaluate which ones should move forward — if any.”
I just took the time to add my comments to the http://www.regulations.gov site I hope they help.
I OPPOSE changes to SORNA that increase any level of increased registration requirements.
SORNA as well as the State registries are focused on preventing an individual AND their families from moving forward after an event occurred in their life. Individuals with any registry requirement have huge barriers placed on:
Where they can live.
Where they can work.
Where they can go to school.
Where they can go for entertainment.
Where they can practice religious beliefs.
How they communicate online.
How long they can visit locations not identified as their home.
Unique identifiers on such as passports and drivers licenses.
Routinely being singled out, in public forums, for past transgressions.
SORNA has been identified as not punishment, but why if not punishment, does any infraction carry with it severe penalties?
SORNA is not based on empirical data but is based on strumming the emotional strings for political and financial gain.
How can it be legal to enact or modify a law and then claim it is legally binding regardless of when the offence took place. That specifically violates “Ex Post Facto” rule of law.
SORNA has no allowance for emergency situations such as COVID, hurricanes, massive snowstorms, regional firestorms, etc that may prevent an individual from being compliant.
SORNA provides a false sense of safety, with enormous costs, and no proof as to positive effects.
I could continue with the reasons SORNA is just a bad idea, but I think I have made my point. SORNA is a bad idea, dont add additional restrictions to an already unmanageable concept.
It was hard not to get emotional as I wrote this. As of my comment there were 500 plus comments. We as a group can do better.
What is proper protocol when it comes to notifying a registered sex offender that he has to register.I was threaten and coerced with jail time to sign a notice of registration . it was said that I would be on sex offender probation after release nothing else . just follow the rules that you are required to follow.it was a 1996 offence I was sentenced in 1998.the court should have used the guide lines for witch the alleged offense happened but they didn’t.is this the one book rule.
It’s already on Drivers License’s in Florida.
https://www.regulations.gov/faqs
Go to this site to comment on suggested changes. Must be done soon though, deadline is coming up.
So, I want to take a tour of the U.S. I’m going to be gone from my primary address for at least 4 months. This will be an RVing trip. I will stay in no place for long enough to trigger that states registry. I notify Florida that I’ll be gone for at least that long. I have no specific itinerary, just going with the wind and letting the sun decide where I stop.
Do I need to return all the way to Florida to do my quarterly registration? Or am I covered because I notified them I was out of state?
In person I believe.
THAT would be a onerous, especially if i were in Montana or the like.
I was reading your post to day and it was of interest to me and that I have traveled a lot and also have studied the laws concerning our ability to travel.
I shared your posed with another member of FHC and he wrote me back and I thought what I wrote back was really good and it’s basically what I would have Wrote to you. So below you will find what he wrote and hopefully it’ll be of help to .
The individual I shared this with doesn’t know your name so he just uses the phrase person so don’t take offense with It.
This person needs to clearly understand that when traveling he has to conform to BOTH the rules of the state he’s traveling in AND Florida’s rules governing the establishment of a temporary residence. In other words, (a) always stay in any one state for less than the number of days that would trigger registry in that state (& always assume that partial days count!) and (b) never stay in one location (which Florida defines as a county) more than 2 days per calendar year (Florida defines “day” as midnight to midnight. When he gets up the next morning and leaves that county to continue his travel, Florida doesn’t count that day). If he doesn’t do BOTH of these things Florida law will require him to come back to to his local sheriff department and register that “temporary address” in person! Yikes!
If this guy is required to register in Florida quarterly, the only smart thing to do is interrupt his travel and come back here and register, as much as he may not want to do that. Put the RV in storage somewhere and fly back here to register, then fly back to continue his journey.
If you want to post this as a reply to that question, feel free..
Hope this Helps.
“This person needs to clearly understand that when traveling he has to conform to BOTH the rules of the state he’s traveling in AND Florida’s rules governing the establishment of a temporary residence. ”
There’s one more, crossing a state border invokes the feds 3 day period to register, even if you pass through a state into another state, its 3 days from the first border you cross, that’s my understanding of it.
Hello Dram
Below is a quote from proposed SORNA. Was this what you were thinking about?
This is already a law in Florida.
“If a registrant changes his/her name, residence, employment or school, he/she must register in the new jurisdiction within 3 business days. In addition, registrants must notify their current registration office if they intend to establish residence, employment or school prior to their departure. Registrants must report their intention to travel or to move overseas at least 21 days prior to departure.”
FAC has addressed this on several occasions in the past. They have had posted answers from FDLE, cocerning this. Leaving the state, what triggers the need to report to your CSO.
Hope this makes sense, so much is confusing these days.
Best regards
Sailtime
@Dram
Would you be so kind as to provide a link as to where we can find this information regarding crossing a States border and a Federal reporting within 3 days?
Between these two items I formed the thought, can’t, find it any more specifically but will keep on looking If my understanding is wrong please feel free to correct it. I would be glad for it not to be so.
Congress passed the Sex Offender Registration and Notification Act (SORNA) in 2006. Among its provisions, the law bars sex offenders from moving across state lines without registering or updating their registrations.
Car V United States
https://www.law.cornell.edu/supct/cert/08-1301
and this
Id.at §16913(c) (“A sex offender shall, not later than 3 business days after each change of name, residence, etc.
‘Moving across state lines’ here does not mean simply crossing state lines. You would have to establish a residence (as it is defined in law), etc.
Hello Dram
Jacob is correct in his response to you.
Here is a direct quote from ACSOL visitor spreadsheet, these are ACSOL’s disclaimers. As you can see it only applies if you are actually changing residence – not if you’re visiting. I would regard this as an authoritative answer to this question.
“Note Regarding Additional Requirements Under SORNA: Please be aware that Federal law imposes additional requirements independent of the laws of each state. In particular, the Sex Offender Registration and Notification Act (SORNA) requires Registrants who change their residences to inform the jurisdiction within 3 business days of the change, regardless of any individual state’s registration requirements. 34 U.S.C. & 20913(c). The same applies to “change of name…, employment, or student status.”
But remember that if you live in Florida establishing a residence is basically two days. So if you are visiting a location more than two days the state of Fl says, you must check out with them, Do all you can to not establish a residency of any kind.
So an example would be; You move to a state to establish a residency no matter if that state says you have 5 days to register, SORNA says 3 business days.
Hope this helps. When these things happen we have to let the dust settle some, and put our heads together to get some clarity.
Best Regards
Sailtime
Crossing a state border does not in itself trigger registration.
I was forced twice (vcso) to come back to florida during my yearly summer trip to my northeast home for my yearly check in. Only report twice a year but the second falls in the summer. I was specifically told no exceptions and no matter where i am. I still dont think its correct but its twice i was told to. I did the temp address change and reported ill be gone for 3 months thing and got the lecture both years. Was also told i needed to report any additional travel within those months in person. I dont know how i was supposed to do that but luckily i just stayed home.
These requirements are excessive and overburdening and will clearly serve to chill one’s freedom of movement and travel. This can’t be constitutional!
I had to fly in from new york to comply with my semi yearly
please share this info with [email protected]
Also, they (vcso) did not allow me to do almost the same. I wanted to stop in a few states on the way up: told me i needed to give them addresses. They would not accept anything other than addresses: theres no open ended travel. They were very specific and truly nasty about it.
If you will not be establishing any temporary or permanent addresses in those states, you can simply tell VCSO that and stick to it. If they threaten you with arrest for not giving them information you don’t owe them, you can tell them to have that conversation with your lawyer.
What can they POSSIBLY do to you, besides be nasty?
There is no law against open-ended travel per se, nor any law against unregistered open-ended travel.