Another reason we should be concerned about SORNA changes.
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.
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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).