The US Department of Justice SMART office has released it’s 2022 case law summary. From their introduction, “This summary is current through July 2022 and addresses the Sex Offender Registration and Notification Act (SORNA), including SORNA’s requirements, and provides information about case law impacting state and federal sex offender registration and notification laws across the country. It is provided as an overview and identifies areas of law that impact sex offender registration and notification and that have been subject to litigation.
You can download the summary here: https://smart.ojp.gov/doc/sorna-case-law-summary-july-2022.pdf
That is certainly a stern and depressing document. I don’t seen any glimmers of hope there.
I can’t begin to understand this endless legal speak. Not sure what any of us are supossed to do with this. It’s FN insane that anyone would have to endure this garbage.
They sure did take a lot of time to point out all the cases that our community has lost.
Unhelpful document, and self-serving. For example it states that “SOs” are required to register in their jurisdiction of conviction but it doesn’t specify that there’s no continuing federal duty to register with the conviction jurisdiction when one moves out.
Also, it states that “SOs” shall provide 21-day International travel notice but doesn’t specify that this duty to inform of travel ends when one’s registration requirement expires per one’s tier.
Also, it states that “under limited circumstances” certain offenders may have their registration requirement terminated early but it doesn’t specify that early termination may apply automatically to those on tier 1 after either 10 years with clean record.
And generally the document is written in a way that encourages jurisdictions to be even more stringent than the federal standards require. So much hate.
I didn’t read the sections on legal challenges so I won’t comment on that aspect of the document.
Thank you.
since when does florida have tiers…?
I was referring to the federal obligation under SORNA. Florida doesn’t have tiers. Under limited circumstances for a handful of sex offenses one May petition a Florida judge after 25 years for removal. But yes, no tiers in Florida.
Florida does indeed have tiers. It just doesn’t call them that, and they aren’t especially helpful to our cause. Florida law distinguishes three categories of offenders:
Sexual predators who must register for life
Sexual offenders who must register 4 times per year for life
Sexual offenders who must register 2 times per year for life, but may petition to be relieved of the requirement to register after 20/25 years from the end of release from all sanctions (including probation and fines) provided the offender has not been arrested for a misdemeanor or felony since release.
If the law referred to these three classes of individuals as Tier I, Tier II, and Tier III offenders, respectively, there would be absolutely no practical effect other than perhaps relieving sexual predators of the stigma-plus “predator” designation.
I just wished at the very least Florida would go by the federal sorna guidelines. That way there is a realistic path off instead of punished for life. South Carolina lifetime was ruled unconstitutional a few years back, hopefully common sense is spreading south.
does anyone know what the chances are, generally speaking, of actually being granted removal from the registry after petitioning? Are Florida judges granting these types petitions in significant numbers? I realize there aren’t many of these cases brought before judges given how long it takes even to petition..
No mention of ‘tiers’ in the Florida law as you said. But I get your point -Florida law implicitly recognizes these three classes of sex offenders and treats them differently.
Ron Kleiner, on FAC’s attorney referral webpage, has represented a number of FL removals.
Yes contact Ron Kleiner. Amazing attorney for this.
When I was sentenced back in 98 my attorney and the prosecutor both told me the judge was forced to add the predator designation but not to worry because back then after 10 years of release I could petition to have it removed. It’s been 16 years since I finished everything and since then the law has changed so now I can’t remove it ever. Once I hit the 20 year mark I will look into it again. Maybe by then there will be some sort of relief available. Not counting on it tho.
JD
The fact this crap was added retroactively (Or at all) is just crazy. I mean if the law was in effect when someone committed a crime, you at least knew what you faced. But agreeing to a sentence in court then later having new sanctions you did not agree to added on or have any say about it just wrong and beyond unethical.
But hey, we have proven time and time again that the law, seems to be “Above” the law or acting outside of its own perimeters. It is like when I was a boy and would ask my Dad “How come I can’t go over to Stevie’s house to play” and Dad would not give a reason other than “Because I said so, that is why!”.
Please contact Ron Kleiner. He is amazing.
Nice treasure trove of info here. Thanks @FAC for publishing this. Takes a bit of time to go through it but it is nice to see a tally to date of the topics we all discuss here and in other forums.
QUESTION
SORNA states my registration as 15 years. But here in Florida I’m required to register for 25 years.
Whom am I bound to?
JEV
Both – the two are separate obligations.
FAC
That is crazy that a state is allowed to go above and beyond a Federal mandate. Mom Says I can’t have some candy so I run to Dad who says “Here boy, you can have the entire bag”?
This is even weirder.
We cannot get off the registry it seems but we can run for the office of President?
“Previous Supreme Court rulings hold that a state cannot prohibit indicted or convicted felons from running for federal office, and Congress cannot add qualifications to the office of president, said Derek Muller, a law professor at the University of Iowa.”
Convicted felons have run for president and lost. Lyndon LaRouche was convicted in 1988 of tax and mail fraud conspiracy and ran for president multiple times between 1976 and 2004. Eugene Debs, convicted of violating the Espionage Act of 1917 for an anti-war speech, was in a federal prison when he ran for president as a socialist in 1920. Debs’ supporters handed out campaign buttons for “Prisoner 9653.”
So, if you all vote for me,CherokeeJack and I win, I will write a presidential Decree stating all registries are null and void. I just need to find about 35 million votes.
I wonder if we may see some changes made very soon
Philip
Do you mean for the better or for the worse? Seems to me, at least in Florida, it “Ain’t gettin no betta”.
Although FAC and other groups are trying their hardest to keep us from being sent off to camps.
128 pages. I wonder how much money went into this manifesto of garbage? I would imagine it was millions of tax payers dollars for the man hours put into the continued punishment of those who have served their time.
Seems that money could be saved and let us get back into society and pay taxes. If we were going to re-offend wouldn’t we have done so at some point over the past decades? Someone’s bread is getting buttered here at a premium I might add.
And do not forget, every time a new law, rule or requirement is added, they have to update this garbage.