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.
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.
Since a plea bargain isn’t legal unless it’s done with awareness of all the possible consequences, i wonder how the government would feel if everyone with a plea moved to vacate?
Hell, now that i think about it, if i were caught up in that Jimmy Ryce b.s. and had taken a plea before then, i would already have filed. The worst that would happen is I’d be changing prisons.
Jim
So the Real Legal Question would be if One Could Be able to Expunge a Plea Bargain….That is the Question.
A Plea Bargain, on it’s merits is an admission of Guilt; however, an Admission of Guilt MUST BE Legally construed to be binding on all parties…so that would be the Legal Conundrum…..This has NOT BEEN CHALLENGED to SCOTUS, as of YET!
This, is, of course, Opening of a Legal Pandora’s Box, and, I am not sure so sure this would be given exclusive legal standing!
I will get back to FAC and NARSOL on this one…very soon!
I refused to plead guilty. I plead no contest. This is still a contract. Would contact law apply? The state had changed the terms of the contract without my consent.
Your plea agreement would dictate the terms.
Yes, but my plea agreement only subjected me to a one-time registration and the ability to be removed after 25 years. Not all of this other crap. AND the registration was for LAW ENFORCEMENT USE ONLY! I am pre-October 1995. Because the date of offense was pre-1995, the judge actually ordered no public or community notification. It is the second paragraph of the order that designates me a predator. I can send you a copy. The state is violating the court order as well as the terms of the plea. They acknowledge the court order and don’t notify my neighbors or publish me in Sheriff news blurbs. A list of S.O.’s from my county will not have me on it. FDLE also acknowledges this order but refuses to remove me from the public registry portion of the website.
Double check with your plea agreement and make sure it EXPRESSLY States only one-time registration and for Law Enforcement Use only (no community notification).
If it states that, in the please send it to [email protected].
I think if vacating a plea you could be re-sentenced to whatever potential sentence was available at the time.
This has to be the opportunity to return to SCOTUS, bringing all current findings on recidivism as well as the accumulation of restrictions developed since their original findings on what constitutes punishment regarding ex post facto limitations.
Punishment = restriction of liberties. The general assumption of ex post facto is that for a functional system, rules and punishments in effect at the time a crime is committed is assumed to be known.
Punishment for a crime has had fair warning, do this you get that.
To accumulate the additions of restrictions created by the registry after the commission of the original crime and after the SCOTUS original ruling on the registry is ripe for return.
So what can an individual do to further this action?
Contribute to our Ex Post Facto Plus challenge, which is already making these arguments.
Where is this Ex Post Facto challenge you refer to?
I’m new here.
I’m confused does this mean that you will have to register in 2 separate places or will these changes be added to state requirments
So now we can’t even travel over 7 days without providing where we are going!?!?!?. WTF!!!!!. I agreed to almost NONE OF THIS when I made my “Plea Deal”!!!!. The ONLY REASON I didn’t take my case to trial was because the Judge told me the state spent MONTHS picking the perfect Jury, A Jury that would HANG ME!!! So he(the Judge) offered me a deal!!. 4 years probation, Withold of Adjuacation, And Off Registry when I was done!!!!!!!!. And look where I am today!!!!. The “Jessica Lunsford Act” went into effect while I was on probation!!!! And that threw my ENTIRE DEAL out the window!!!. How many others are just like me!?!!?!?!?.. I see a LOT of Suicides in the very near future!!. I can’t take anymore PUNISHMENT!!!!!!!!. I’ve PAID MY DEBT According to The CONSTITUTION OF THE UNITED STATES!!!! HTF can ANY OF THIS BE LEGAL?????????. HOW?????. How can a BLANKET Set of PUNISHMENTS be FORCED on everyone regardless of what the conditions of their crime was????. Someone being LIED TO ABOUT THE AGE OF SOMEONE 15 or 16 is TOTALLY DIFFERENT than someone harming a child under 12(age the laws change) ESPECIALLY if that 15 or 16 year old looks(both the Judge and St Attorney even said so!!) 21 and is already VERY sexually active!!. And admitted to lying!! AND is who started the whole thing!!!. How can this be legal?? And of course I’m BROKE (exactly where the government wants me) so I can’t fight it!!!!. I can’t even move to another state with shorter times of being on the Registry, Cause Sorna makes the new State use the Convicting States rules (Florida is LIFE regardless of the crime! Utah is 10 years!! But Utah follows Floridas rules! So forget moving from Florida to another State and getting off!!!!!!) How EVIL, CROOKED AND HATEFUL can a COUNTRY be?????. There’s no SECOND CHANGE in this country!!!!!!!!. All the Constitution is, Is a JOKE for the POOR people!!. Sorry this was so long..
And my case was in 2003!!.
Pre-October 1995 here. Collateral consequences, what a b.s. made up term to justify trampling people’s rights!
Collateral consequences of taking a plea? I wonder if that’s an arguement. There shouldn’t be collateral consequences to entering into a contract with the government!
Tired… I think you are mistaken in some of your statements. For example; “Cause Sorna makes the new State use the Convicting States rules” is not correct at all. Neither is “But Utah follows Floridas rules!” That’s also not correct at all.
If you move to Utah, you will be subject to Utah’s requirements PLUS SORNA.
Hello i had a VERY similar thing happen to me, in January 2003 i met a girl off Yahoo chatroom’s (back when that was still a thing), Long story short she lied about her age she was 14 not 18 i was 22 years old. 1 time meeting took place on a school night which she was a drop out from school which again i didn’t know. Her profile stated she was 18 i picked her up we had sex i dropped her off. Few days later she ran away from home and her parents reviewed her computer and they called the police and i was a lead, well she later turned up but at that point the investigation was open as my profile clearly stated my age and had my phone number on there in the chat logs.
I Admitted to everything because they made it out to be a missing person case and i wanted to clear my name. Long story short i to received a withheld of Adjudication so i have no Felony Record (Thankfully) but i have to register.
5 years ago i moved to Seattle WA and im a tier 1 here so i don’t appear on no online register in this state. The police show up at my door once a year, get a signature and that’s it nothing else takes less than a minute.
I have spoken to Lawyers here and i was going to request to be removed from WA registry requirements completely this year until covid hit and i will next year try that again as they only require 15 years here for tier 1 out of state and im going on 18 years now 100% incident free.
Florida on the otherhand wont let me go and cant challenge under the current rules until 25 so sadly i appear on their registry and it says i live in Washington however does not list any of my information aside from my picture.
Yes Floridas Crap does still effect me as i have been denied a job over it but my life over all is SOOOOO much better here. After i get off Washington’s Registry I will have complete freedom within the state and not have to worry about the very few restrictions i have here which is basically inform them when i move, get a new job, and sign a piece of paper once per year.
Mike – look into our out of state challenge. We’re a ways from funding it, but that would help you.
Dear FLORIDA ACTION ACTION COMMITTEE:. Have plaintiffs’ attorneys already been found/decided for your “Out-of-State Challenge”?
(A few years ago, I provided $500 to an Florida attorney who was supposedly doing a similar out-of-state challenge, but I have heard nothing since then. I’d like to know who the attorneys will be and how good they are before I provide additional funds to any out-of-state challenge.)
For example, have attorneys Valerie Jonas and Todd Sher committed to taking on the out-of-state challenge case?
David,
Val Jonas would be our first choice. The problem is a chicken or egg one, until we’re ready to bring one, we can’t retain someone.
That’s understandable. Thank you for replying.
Our Out-of-State matching donor will match the next $1,500 with $4,000 of their own, am I right?
If we work with them, I think we have the potential to fund this soon.
Really? When is this going to happen?
@ Mike.. I am in the exact same situation. Moved to Seattle from Texas and went through the process of getting off the WA registry. You have to jump through some hoops, but it is worth it. As it is with Florida, even though I don’t live in Texas, they still have my info on the web.
Take my advice, once you get off the WA registry, change your legal name. You have no obligation to your previous state to provide them your new name information. This way when you apply for jobs you will be able to pass background checks as the WA state law does not allow companies to go back more than 7 to 10 years for criminal checks. They would only check the national SOR using your new name, so nothing comes up on their checks.
How would a change of name help? Your name change is forever on court record. It’s also noted on the back of your wallet sized birth certificate. If you changed your name and then moved to FL, are you actually able to get a driver’s license and not have FL figure you out to once having been registered?
Also, with a felony conviction, what reason would you give the court for wanting a name change that they would honor?
I had my last name legally changed when I turned 18 only because I wanted my mother’s maiden Italian name as I never knew my father.
@Maestro – He is changing his name in WA state and is not moving back to FL I am assuming when I suggested his name change after he gets deregistered in WA state
I do know that no jurisdiction goes back more than four name changes, so if you change your name five times, you are definitely in the clear!
I’ve been asking these same questions. Everything you mentioned in your comment is what needs to be thrown in the faces of the lawmakers and judges and the AG. But are you sure about this part….
I can’t even move to another state with shorter times of being on the Registry, Cause Sorna makes the new State use the Convicting States rules
Because if that’s true, then moving from a state where your obligation to register has expired and you’re no longer required to register, then the state you move to should abide by that state’s rules and NOT force you to register all over again in their state.
If this is true of what SORNA will do, then it’s the ONLY good thing to come out of it save for those of you who live in lifetime states.
But an argument has to be made that lifetime registration is a violation of our rights when we are no longer under the supervision of the DOC. None of this “well they can petition….” no! There is no need to petition. I’d like to see the registry abolished but since that ain’t gonna happen, at least take people off the register when their probation is completed. Registration should not extend beyond probation. At all! Unless it’s a 2nd or more offense. First offenses – off the registry at the completion of probation.
Hold on ….
“I can’t even move to another state with shorter times of being on the Registry, Cause Sorna makes the new State use the Convicting States rules “……
….. So how would that apply IF the new State to which you move, is not one of the 17 States that recognize and implement Federal SORNA??
(My conviction was in Florida, but I live in one of those non-SORNA States and have lived here for the past 20 years.)
That is false
@ Florida Action Committee:. Please elaborate / explain what exactly is “false”. I’m sure I’m not the only one who would gladly have some clarification (and, with it, perhaps good news).
Thank you in advance for an anticipated explanation. 👍
That SORNA makes the state you move to apply the “convicting state’s rules”. That statement is false.
Thank you for that clarification, FAC. 👍
I had a 10-year registration period in Illinois. I am no longer required to register in Illinois as I have fulfilled that obligation. My name no longer appears on my state’s registry nor the national registry. So, now what? I assume I am back on the national registry again? Ugh!
Well, Tom, the courts have already ruled that the DOJ is authorized to “administratively” establish all the rules of SORNA. In doing so, the courts have indicated that the DOJ can make SORNA retroactively applicable to anyone convicted of a sexual offense. So, while you may be off of all Registries right now, SORNA requirements would still apply to you. I suppose one of the bigger questions is “How exactly is the USDOJ going to notify everyone to whom these new SORNA rules apply who are no longer on any Registry anywhere (e.g., you Tom)?” Is the DOJ really going to search through all of its records to find all those individuals convicted of a sex offensen in any of the 50 states for the past 75 years?? And, if it does so, and if it finds the name of someone who is no longer Registered anywhere on any SOR, how are they going to know where that individual is currently living? And would they send them a certified registered return receipt letter to prove that they have properly notified that individual that these new SORNA regulations apply to the individual??
So, since Michigan is already SORNA compliant, and the 6th Circuit has found that the 2006 and 2011 Amendments are unconstitutional and punishment and hounds even thousands of us who are pre-2006 and 2011 must be removed from Michigan’s Registry how does this effect us or does it effect us?, and what about the recent ruling by the 6th Circuit how does that effect Michigan’s Does v Snyder case. This is all very confusing, can some one please clarify for me, and i i still be removed from Michigan’s Registry even though all this is going on. Thanks in advance.
I’m sorry, Bobby, but there is no clarification to be had anywhere! No one knows the answers. It’s all going to come down to an endless number of legal challenges, lawsuits, registrants being charged for not properly registering, etc.
I believe that this should be referred to as “unspecified legal limbo punishment”!
@David, Thank you, i do know that at least here in Michigan, Judge Cleland has said that we do not have to register do to covid, and we would probably would of been removed if it wasn’t for this covid crap. the judge also told the Michigan Legislature if they don’t revise the registry soon, like they were ordered to do, he will order Michigan’s registry to be shut down
When i was charged in 1992 there was now such thing as a registry, I just wish Judge Cleland would start his 60 day clock now, and order all of us pre-sorna 2006-2011 people of the registry now,
I hear you, Bobby. My thoughts, wishes and prayers are with you and all Michigan Registrants!
I sincerely hope Judge Cleland will move forward and shut down your G’damned Registry!! 👍👍👍
Reminder – please post comments at the DOJ. As of now there are 421. There are almost a million on the registry! Be nice and it can be short and simple. Please don’t respond because you don’t know what to say. Just let your objection be known! Ask those close to you to do the same.
Seems like the only certainty is uncertainty for those forced – not “required” – to register. The unpredictability will always be predictable with SORNA. Just know that it’s expansion will always get a rubber-stamp.
The politics of “hurting the right people” are in vogue now, so stop wasting energy trying to change minds. The pejorative term “pedo” and the post-Epstein culture has set us back decades. SORNA will continue to grow like a prized State Fair pig that was fed slop 5 times a day.
Yep, “forced”.
I am not being “required” to Register. There is no legal way to do that. I am being forced to. At the point of guns. By illegal, immoral criminal regimes that are committing war crimes. They aren’t my governments. They are enemies.
“Hurting the right people” has always been popular in America. Most of the Registry Supporters/Terrorists would still hurt and segregate those they call “coloreds” if they could get away with it. You cannot be nice to those people. You cannot talk sensibly to those people.
Once big government started Registries, Inc., there was no way that it was going to do anything except grow. They need customers for it. Just take a look at their Drugs, Inc. business. Its stated goals have been a total failure. Big government has done nothing but make that problem worse. They don’t care. They don’t want to solve that problem or their Registries problem. They want to keep their current customers, get more, and grow their businesses. “Saving” people is their advertising and propaganda.
It says that the fedral government will assign tiers.
When is this supposed to happen??
And what imperical evidence will they use to do this?
Or is this another governmental boondoggle?
It has happened. Tiers exist on the federal level
Okay, since I am Tier 1 on the federal level, why can’t I petition the federal government to get off the federal registry? Because there is no federal registry! This change is worded to keep everyone on the registry for life!
Also, SCOTUS says the registry is not punitive. So why do they have criminal penalties for non-compliance?
“SORNA’s criminal provision, 18 U.S.C. 2250, provides criminal liability for sex offenders based on SORNA violations.”
SORNA seems to be expanding based on the Floriduh model. How long before they add residency and proximity restrictions? Holiday restrictions? SORNA must be repealed or be made to override state and local requirements. Otherwise it’s a another trap to put us back into prison for life!
IML already marks “sex offender” on our passports. How long before SORNA wants it on our Driver’s Licenses??
It’s already on our driver’s licenses in Floriduh!
Based on what I’ve read about the federal tiers, after nearly 20 years on the registry here in Florida, I would go from the possibility of getting off the registry in a few years here, to NEVER getting of the registry under this proposed federal system. How can any sane human see this this as merely regulatory? It’s a SHINY NEW LIFE SENTENCE nearly 20 years ex post facto!
Even crazier than that, there is no court, judge, legislature or elected official involved in the implementation of this? Just Bill Barr? What a joke this system has become.
Intook a federal plea but the tier was determined by the state (at first none but they eliminated and put me as a 1. Not on the sites and confidential for 22 years until i came to florida. Never had any dealings with federal govt after my probation(no incarceration) how now? Do i need to go back to fed and have them redetermine as they didnt in the first place 24 years ago? Why is this so confusing?
My question is…have I been assigned a tier by the federal government that I am inaware of ???
it’s based on offense.
But is there a searchable database of people and what tier they are placed in? In states that use tier systems like Massachusetts the person has a right to object to what tier they are placed in. Like an appeal. Is there a way to contest the Federal system of determining what a person is assigned to? I can see if I were placed in the tier 3 I could contest whether I was on their list for life or 25 years max. Also, when does the “clock ” start ticking as to when you are eligible to be removed? After 15 years from when the crime was committed or is it from when someone is completely done with any probation or parole?
There is not. State’s tiers do not necessarily correspond to federal tiers.
Federal tiers are not based on empirical evidence.
Neither is the Registry…js 😁
Keep this in mind when making your comments about the proposal. Stick with facts anyway. Might do well to focus on the financial burdens it will place each State in as well as overall resource drain. Barring a total dismantling of the registries, a ceiling would be the best solution and like the Federal side of things accessible to law enforcement only.
In my high school Civics class, we were given the assignment “You are the first president of the country of ‘U’. You must create a system of laws and government for the citizens of ‘U’.”
AG Barr must have given his DOJ minions a similar assignment: “AWA is too broad – it needs more specificity. I want all of you to come up with a bunch of rules to make AWA more specific (regardless of whether those proposed new rules are poorly developed, ill-considered, or contradictory).”
I will certainly be submitting my comments to the DOJ.
And I strongly encourage all of my fellow Registrants – one million + of you – to support upcoming legal challenges to these proposed AWA Rules!!
Which law would take precident. Federal or State. If I am put into tier 2, and haven’t had any problems in the past 25 years, will I be taken off the Registry?
They exist independently.
In Florida, removal depends on your qualification under 943.0435(11) and you have to petition for it.
If enacted, will this be a floor or a ceiling for law?
Floor. States can expand as much as they like.
Quick question. Is there anything in the federal guidelines about convictions for charges for a minor? In other words are there any specific statements about minors conviced as adults in the federalguidelines? Im assuming I would be a tier-3. According to the statement in the post that’s lifetime. But my charges stem from when I was 16. Is that addressed at all?
Federal registration guidelines apply also to juvenile offenders.
I’m not sure on the specifics or any exceptions, but Tier 3 that was convicted as a minor have an exit after 25 years.