As we dig deeper into the changes to SORNA and the independent registration obligations under state and federal law, we are becoming more concerned.
Originally, we indicated that since Florida has implemented “SORNA on steroids” the federal obligations are not as harsh as our obligations in Florida. That’s true. While the proposed federal definition for a temporary residence is 7 days, Florida’s is 3. While the feds give you three business days to comply with a registration obligation, Florida gives you 48 hours (regardless if the reporting location is even open). And so on…
So while you comply with Florida laws, in most cases you will be compliant with the Federal laws and you should be good to go.
The reason we need to be concerned are the consequences if you don’t comply. And remember, there is no requirement that a lapse in compliance be knowing or intentional… don’t expect to be sent a letter with a plain language list of all the new requirements you are subject to. Somehow they expect that you just magically know what they are. The consequences of a registration violation under the federal laws are MUCH harsher than the already harsh sentence under Florida Law. In Florida a failure to register can get you up to 5 years in prison, in the feds it’s up to 10 years (18 U.S. Code § 2250). In Florida a registration violating has a mandatory minimum six months probation, but in the feds there is a mandatory minimum term of supervised release of five years but up to lifetime! (18 U.S.C. § 3583(k)).
Especially for those who have never committed a federal offense to begin with, the potential of spending 10 years in a federal prison and a lifetime on probation for a technical violation of a set of laws that are not crimes for anyone else (other than someone on this registry that’s not even supposed to be punitive to begin with), for which no notice is given and which can change at any time and be applied retroactively, should scare the crap out of anybody reading this! …or, come to think of it, how about the people who are not reading this and have no clue what’s going on?
Between now and October 13th, please consider submitting a comment* at https://beta.regulations.gov/document/DOJ-OAG-2020-0003-0001
*Please, please, please make sure your comments are respectful and well reasoned. It will be hugely counter-productive to submit comments that are rude or disrespectful.
How will this impact someone who has no state registration requirement anywhere?
Have we now gotten to the point where we can legitimately go overseas and seek political asylum like the other refugees flooding Europe. More than ever before, I want to do anything possible to escape the constant overreach by our growing police state.
Here is the Process of Augmentation to the Federal Registry:
Grant of rulemaking authority
Congress delegates authority directly to agencies
President may delegate constitutional authority to subordinates
President or Agency Head may re-delegate authority to subordinates
2. Proposed Rule stage
OMB Reviews under E.O. 12866.
Agencies publish Proposed Rule in FR for public comment
3. Final Rule stage
OMB Reviews again under E.O. 12866
Agencies publish final rule in FR
responds to comments, amends CFR, sets effective date
Congressional review
Agencies submit rules to Congress and GAO (could nullify rule)
Effective date
30 day minimum, 60 days for major rule, no minimum for good cause
Agency may delay or withdraw rule before it becomes effective
PLEASE NOTE the 4th Task….’CONGRESSIONAL REVIEW’
THESE CHANGES MUST GO THROUGH CONGRESSIONAL REVIEW!
Please Comment…thanks
We all must remember that those who are pointing their finger at others have three pointed right back at themselves.
This 7 day notice proposal, along with the IML Passport shaming< is designed to discourage SOs from traveling! They want us to stay put! They want us to become even MORE world-weary from the outrage fatigue we already have. They want us to be desensitized and numb from it all! This is by design to condition us for more draconian measures coming in near future. They won’t stop until the can brag about REAL-TIME TRACKING via subdural proximity sensors where anyone with a phone app can tell if “one of those people” is within 100 feet while shopping, dining out, etc.
This will be the equivalent of “tattooing it on their foreheads.”
And guess what?
It won’t be punishment!
As A Kindly Reminder, By FEDERAL LAW, A Vote by the Senate and the House IS NECESSARY for ANY AUGMENTATION in a Current Law. The FATSO AG, cannot DECLARE ADDITIONAL MANDATES!
Please refer to H.R. 3132 and S.1086…as they were the original bills submitted that Codified AWA
Therefore, any augmentation MUST BE PASSED by Both Houses of the Federal Government, and can be legally challenged, per SCOTUS Case Law!
Please, someone, PROVE ME WRONG!
@Truth Hurts – Gundy at SCOTUS ruled the AG was legally delegated the authority by Congress to do to this type of action (as he did in 2011 (see Federal Register SORNA text online)); therefore, the AG today is repeating the same action under SORNA with this new text. These are not proposed Fed Law by a current sitting member of Congress, but a Judicial Branch member with the authority by Congress to do so. This was the crux of the Gundy case and had many up in arms over the power vested in the AG by Congress, but SCOTUS said they had the ability to do this, right, wrong, or indifferent (and appearing counter to what we all believe to be the way to do business in this country).
In the comments about the federal registry scheme here, I was going to make a reference to everyone’s beloved John Walsh regarding his relationship with his wife when he met her when she was 17 and he was in his late 20’s (I think I remember he said he was 26 or 27 at the time). But when I went to get the info to make sure my comment was accurate, this is the information I found on varies web searches;
*Revé Drew Walsh Age and Birthday
Details about Revé Drew Walsh’s date of birth are not known therefore it is not known when she celebrates her birthday. She likes to keep her personal matters away from the public eye making it difficult to know her age, hence this information will be updated as soon as it’s available.*
“As soon as it’s available”!!!??? I saw the interview on YouTube of John Walsh talking about how and when he met Reve and how he was worried about her age at first. I literally watched the video and I even spoke out loud to myself “You effing hypocrite!!” All of a sudden, all information about his wife’s age are omitted from any online sources???
Wow!!!!!! Ok, so they’re covering up their age difference to justify John calling people “dirt bags” and “scumbags” on his show every week. Sweet! I’m guessing the Walsh’s are hoping most people didn’t see that interview and those who have might have forgotten about it.
Nope! We all know about it Mr Walsh. We remember it. Because we’re dealing with the ramifications of something very similar to your own relationship with Reve.
I don’t know that brining this up in a comment will be of any use if all the proof has been taken offline.
If only I had thought to download that video interview when I saw it. Damn!!
So I’d like to ask FAC for some advice here; Would it be wise to mention the various age of consent laws and how Walsh would be considered a sex offender in many states?
You can mention the varying age of consent laws but avoid all the mud slinging at John Walsh
Appreciate the advice but kinda troubled at not “slinging mud” at a man who slings mud on everyone else. Otherwise, if he didn’t, we wouldn’t be discussing a law in HIS SON’S NAME. Just saying’ 🤷🏻♂️
Maestro
I agree with you they took His public indiscretions down of the net , and he openly admits what he did was wrong yet he is Mr Super hero who violated a minor and now violates registered citizens on national tv he slings mud publicly
what good for the goose is good for the Gander
and I did download that video been going threw USB chips to find it.
I find it ill pass it along.
I had it up on twitter as well. @stop corruption search there I’ve not had time
Maestro, I agree with both you and FAC. John Walsh needs to be covered with mud, but not in our responses. Comments will be more effective if written in a measured and succinct manner and directed at specific objections. I’ve read a few of the existing responses, many of which are well reasoned. Some were diatribes that simply vented anger. That will only further the impression that SOs are dangerous loonies. We should vent our frustration in this BLOG, not in comments to the DOJ’s proposal. Write, read, revise.
I would suggest affected children and wives write independent comments showing their full range of emotions and difficulties encountered. I’m still trying to digest the implications. A few quick comments:
I had to laugh when I read that DOJ asserted the new regs would benefit SOs by homogenizing standards. If they wanted to do that, they would have created a ceiling rather than a floor.
FAC’s point about notification is well taken. This raises the legal questions of “fair notice” and mens rea, which can be used in defense. These regulations serve no concrete public safety purpose and will only further clog an already overburdened judicial system.
Unlike Florida, some states are below the current federal floor. From a states’ rights perspective, the feds are effectively attempting to impose societal standards on the states, rather than allowing Justice Brandies’ “laboratories of democracy” to flourish. That is a rather hypocritical position for a supposedly conservative administration.
I question the timing. Trump is hinging his campaign on being the “law and order” president. SOs are a particularly easy target for fear mongering and political opportunism.
Veritas.
Ed – This is the best advise anyone could have possibly given. I really appreciate it and hope people will listen.
Maby I missed it. But exactly who reads the comments once we make them. Im having my entire family submitte comments. we will hit every angel from registrant, to family burdens. I also have law enforcement in my family who are also speaking against it in these comments.
Frankly, I’m not certain anyone will ever read them. If there are only a few hundred responses, I’m sure that is true. If there are thousands or tens of thousands, someone will notice. Most proposed rules receive few responses. And all will become part of the official public record.
We are less than 2 months from a highly contested election. Until I am off of federal supervision I can’t vote, but my family can. Critical states, such as Florida, are in play. Many things could happen if the response is overwhelming, civil in tone, and factual.
If there is a huge number of responses they will most certainly be sampled and read. That again is a reason to be succinct and informative. Stress recidivism rates. Reference the various SO advocacy groups and the research such as found here. Speak to the damage done to individuals, families and communities by registration.
A large enough turnout could attract the attention of the various campaigns. Be certain to mention your state and how many voting family members you have. If you are a Trump supporter, indicate that this is an issue that could flip their support.
If there are tens or hundreds of thousands, someone in the media may investigate why. Or the media could be prompted to take a look. This will give the registry and SO issues the objective visibility we need. Trump is running on a law and order platform. There is the BLM movement. Police and criminal justice reform are being discussed everywhere. So there is a natural focus on criminal issues.
All of the above possibilities–and more– depend upon there being a flood of responses. With a million registrants, spouses, children and families we might be able to spark a reaction. We don’t want to again be left behind as a political sacrificial lamb in the coming criminal justice reforms.
YOU can do something tangible to turn the SO juggernaut if even by a few degrees. If we don’t at least try, we don’t have any right to whine later about its passage. Ok, I’ll shut up now.
Veritas.
I really cannot think of a dumber way to deal with sex offenses than the Registries.
“Especially for those who have never committed a federal offense to begin with, the potential of spending 10 years in a federal prison and a lifetime on probation…” I know for a fact that this is currently being challenged by a friend of mine as unconstitutional under the 8th Amendment. Put simply, it is unconstitutional to turn a ten year maximum penalty into a lifetime penalty. SCOTUS recently ruled in Mont v. U.S. that federal supervised release is a form of punishment proscribed by the original sentence imposed. So, if a judge was to give the maximum of a ten year sentence for a FTR violation, then any supervision beyond that violates the 8th Amendment. Otherwise, even a misdemeanor could be turned into a lifetime punishment.
I reside in Oregon where after five years from the end of supervision, a type I offender my request to be taken off registration and reporting.
How would that comply with with SORNA 15 year requirement?
It would not – if you’re removed and it’s still within the registration requirement of SORNA, you could be charged federally.
If you are taken off the State registry, but defined that you should reference based on federal regulations, where do you register? Normal jurisdication offices say they can’t just register you if the State says you have been removed.
That’s a good comment to make and a point that we’ve made repeatedly. Who knows?
I’ve been off since July 2005
planned to move to the show me state
so Figured what BS they had
The independent registration requirement under SORNA that as Bullsht too
this is the email they sent back
On June 16, 2009 the Missouri Supreme Court ruled that federally mandated registration requirements under the Sexual Offenders Registration and Notification Act (SORNA) applies to individuals who committed a sex offense prior to July 20, 2006.
Therefore, SORNA imposes an independent obligation requiring respondents to register as sex offenders in Missouri. The independent registration requirement under SORNA operates irrespective of any allegedly retrospective state law that has been enacted and may be subject to the Article 1, Section 13 of the Missouri State Constitution.
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Odd, works for us.
There’s some good comments in there. I added mine to the list.
Just waiting for the day they begin rounding everyone up.
I would Like to see this federal registry cause to this date all I know is if you in military or a federally funded employment and a sex offense then i believe there is a federal registry
this federal registry please explain in details
and does it affect people who were released yrs ago
This is made possible because of our current AG Bill Barr putting this out. It’s quite possible that the next appointed AG can knock it down.
This is a logistical nightmare if implemented because there is no infrastructure to support this process. If the state no longer registers you, which following agency does? Where is the funding that pays for this? What are the arresting agencies that will be tasked to bring in the so-called “non-compliant” sex offenders that no longer need to register under that state? Which federal agency will monitor the nearly ONE MILLION Registrants to see if they are following SORNA guidelines? Has Bill Barr figured that out?