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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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.