Bad Decision out of 6th Circuit – SORNA obligations continue beyond state obligations
Yesterday, The 6th Circuit issued a disappointing opinion, holding that a sex offender’s obligations under SORNA is independent of any duties under state law. In other words, even if someone’s obligations to register under STATE law have been terminated, if they are still subject to registration under FEDERAL law, they must continue to register.
This creates a confusion, since there is no “Federal Registry” to register with, only the state. As for Florida, since our requirements go so above and beyond the requirements under SORNA (we call it SORNA on steriods) this has no current impact.
It’s time the Federal Government came in and created a uniform registry with uniform standards, or better yet, it’s time the Supreme Court abolished this mess altogether.
Willman v United States – 6th Cir
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
We have far too many ‘do-gooder’ politicians and judges who have no clue as to the results of their actions. SORNA was a ‘knee-jerk’ reaction to a single problem and has since become a ‘hot potato’ they do not know how to handle. Not surprising. It’s doing business in the blind as normal.
Article VI of the Constitution has a Supremacy Clause which states that federal law has supremacy over state law, so even if a State law disagrees with federal law, federal law wins, so this is nothing unusual and where there is no State law federal law applies.
However, a State can disagree with federal law, as in some cases where marijuana is illegal according to federal law, but some States have legalized it.
In those States, marijuana is still federally illegal, and if you are caught by a federal agent possessing it or using it you can be federally prosecuted and go to jail regardless that the State has made it legal.
SORNA is federal law that all States are required to comply with, so when you register, you are complying through the State to a federal law.
I don’t believe there will be 2 registries ( state and federal), but only the State registry whereby you register according to federal law, and if there is none, then that is between the State and the federal government and the State would have to create one.
If none is created, you cannot register and are not liable to prosecution.
In theory, if there were actually such thing as a national sex offender registry, and the national sex offender registry had longer periods of registration than some state registries, there wouldn’t be an issue here.
The problem is that there’s no such thing as a national sex offender registry. There are federal laws that set up a framework for sex offenders the federal government recommends states follow, but it’s ultimately up to states to follow that framework. And most states aren’t following that framework (the Adam Walsh Act) nowadays.
If you’ve completed your time on the state offender list, where the hell are you supposed to register under this ruling? And what registry would you then be listed on? This is imprisoning people for breaking a law that’s literally impossible to follow.
Nothing confusing about it at all. Shows the court is as corrupt as the congress and is in bed with them.. No division of power.. Next step will be the legislative or the executive branch will issue a federal registration list and even more onerous restrictions.. And now the supreme court toilet wont even have to hear it.. They can kick the can like they do everything else and “claim they’ve already ruled on it” Watch for it..
I remembered listening to lawyers saying what a bureaucratic mess this is because there is no system in place to accommodate this. Meaning that after the state is satisfied with your registration obligations and will no longer accept further registration there is no place to go to continue to register under Federal guidelines.
OOPS!..THEY MADE A HUGE DOO-DOO!
This may, get standing with SCOTUS, as this, will get mentioned using appropriate legal maneuvers!
….’Stay Tuned, News at Eleven’
Dear Truth Hurts, what do you mean by saying they made a huge doo-doo?
If your conviction if in Florida you cannot escape it. Other states will want you to register for life because that’s what Florida is. The scotus has said it’s ok. Recently the decision that said the intent is not punishment, so it’s ok. Even if you moved and could petition to be removed from their registry, you will never get off from Florida. I hate being doom and gloom but this is just the reality. Maybe one day… I don’t care about that. I want to be free now. How are we supposed to live like this?
Who must register under federal law? Someone who has a conviction in a federal court, or everyone convicted in any state who moves to a new state?
This concerns the 6th Circuit. If you are no longer required to register under your STATE’S law, but would be required to register under SORNA (whether you have a state or federal conviction), you would still be required to register according to SORNA.
Please disregard my last comment, i guess it is not simple. I found this:
https://smart.ojp.gov/sites/g/files/xyckuh231/files/media/document/final_sornaguidelines.pdf
to Al in Jax
I’m not a lawyer, but from what i read in the above document (section II, paragraph C and Section XII) :
if you have “3 short years” left before you can petition I guess you are not been designated “predator” , and will have have been released for 25 years at that point (although don’t count on them not raising it to 26 years one day before your time, and on and on, the already hosed us by raising it from 20 to 25 years plus every other state and even SORNA apparently toll from date of release from imprisonment, yet Florida tolls from release from sanctions including probation or parole.)
Anyhow, in the above document it states the requirement to register under SORNA is 25 years from release of imprisonment. So if you are eligible to petition Florida you would have to also not be required to register under SORNA (At least that’s how i see it).
Good Day
There is NO SORNA Federal Registry
This Current decision will create counter State Jurisdiction Lawsuits, until SCOTUS gives this Standing!
There are numerous Procedural Due Process Violations in the aforementioned!
What about people in my shoes with cases like mine? I was convicted in CT of a misdemeanor that was exempt from registration, did my probation in MASS, which made me register because I didn’t fight it. That registration was for 10 years expiring 12 or 13 years ago. I moved to Florida in 2005 not thinking about consequences. In 2008 AFTER I closed on my house I get a call from Lee County saying I was in violation. The detective said because I was on the registry in MASS I had to go on Florida’s, what a crock of bull! The only good thing that happened at that time was I did NOT get arrested due to violating the law. I have a great job, make good money, own my house outright but still carry this burden of having a dark cloud over my head at all times. My conviction was in 1996 and it did not carry the stipulation of registration . Is there any way out or am I stuck? I considered moving back to New England but I would still be on the Federal list because of Florida losing any opportunity for survival. I have been extremely fortunate having very little debt and having a debt free home, just looking to ditch the anchor. Thanks for letting me vent!
When were you removed from probation?
Probation ended in November of 1999. The probation officer in CT said, you’ll come twice a month for a couple of months then once a month and after he first year I don’t want to see you, stay clean and build a good life. I move my probation back to Mass the same day to be near my family and kids and and BAM!!
And… I’ve been free of Massachusetts registry for at least 10 years… I went up for vacation last January, and when I called Mass SORB to tell them, the response was.. OK, you have not been required to register here for a long time, enjoy your visit..