ACSOL: Take action in response to proposed changes to SORNA
From ACSOL:
The purpose of this email is to alert you that the proposed federal SORNA regulations are now moving forward after receiving approval from the Office of Management and Budget. Below is an article that I have just written about this and I hope you will not only notify the members of your group about this development but also urge them to do something to stop the regulations from becoming final. I have identified 3 methods and you may know of more. Please join me in getting out this important message. Thanks! Janice
SORNA Regulations Moving Forward, Now Awaiting AG Approval
The Office of Management and Budget (OMB) has approved proposed SORNA regulations issued more than a year ago. This is a significant step forward toward finalization of the regulations which are now under consideration by U.S. Attorney General Merrick Garland.
“Every registrant, family member and supporter must voice their opposition to the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci. “This is the only possible way to stop the regulations from causing great harm to every person on the registry as well as their families.”
ACSOL recommends that individuals state their opposition to the proposed SORNA regulations by using three different methods. First, call the U. S. Department of Justice and leave a comment on the agency’s comment line at (202) 353-1555. Second, send an online message to the agency at https://www.justice.gov/doj/webform/your-message-department-justice. Third, mail a letter to Attorney General Garland at U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001.
Each communication should include the following information and/or information in the attached response which was developed by a team of legal professionals and sent to the U. S. Department of Justice in September 2020.
- Proposed regulations we oppose published in Federal Register on Aug. 13, 202, in Proposed Rulemaking, Docket No. OAG 157 (AG Order No. 4759–2020)
- Proposed regulations would significantly harm almost 1 million U.S. families
- Proposed regulations are vague because they create requirements that registrants cannot meet such as registering up to 4 times a year
- Proposed regulations have a chilling effect on travel within U.S. that will harm family members in need as well as limit educational opportunities
- Proposed regulations violate state rights to determine registration procedures
- Proposed regulations have a chilling effect on First Amendment rights of registrants because they require disclosure of remote communications identifiers
There is no deadline by which Attorney General Garland must reach a final decision regarding the proposed SORNA regulations. Therefore, that decision could be made at any time. The decision of the Attorney General will be published in the Federal Register and Congress will have 30 days to review that decision before it becomes law.
Proposed regulations – Aug 2020
Response to proposed regs – Oct 2020 – FINAL
And all of this is retro active, which I believe I read, a judge a while back ruled that new restrictions can only be placed on new offenders. This is more ammo for the punitive nature of the every expanding registry and its rules, laws, and ordinances that prevent us from living a normal life.
These are probation like laws which make them punitive for those of us not on probation.
Could someone please briefly explain all this? What’s any different than it is now in Florida? I would like to respond to this but I just don’t understand enough to do that Thank you
Hello, Help.
Well here we go again. we-I need help in understanding what all this means.
I gave it the good old collage try to read through what you sent. But 92 pages!!
The old saying of how do you eat and elephant “One bite at a time” applies here. This proposed regulations is the elephant.
Is there someone who can break it down in bite size bites? Like
1……
2……
3……
How is this going to effect us?
Thanks
I thing I wish that I understood is whether SORNA’s federal rules for “convicted” PFR’s apply at all to those in Florida whose adjudication was withheld. That is, do the feds define “convicted” anywhere? If not, then non-convicted PFR’s in Florida should not be subject to the federal rules. Note: Florida defines and uses the term “convicted” within the 943.0435 registration statute to apply to that statute only. That statute’s definition of “convicted” should not be considered and accepted by the federal govt.
As far as the proposed regulations are concerned, what matters starts on the bottom of page 81 of 93. This is the actual amendments and revisions that will be made to the Sex Offender Regulations. The 81 pages prior to that are called the preamble and mean absolutely nothing, according to the courts. And yes, it is amazing they need 81 pages of preamble to justify and explain the 11 pages of actual revisions and amendments. The other document is ACSOL’s reply to the proposed rule back in 2020.
This is what I get from it:
1) This does not preempt States, Cities, or Counties from what they can do as long as it is more stringent.
2) It is retroactive until the beginning of time. Please note that the US Supreme Court over 100 years ago concluded that the Ex Post Facto clause in the US Constitution only applies to Criminal Law, which this is not.
3) You break this law, even if the State you are in doesn’t enforce that part , you can be charged of a federal crime.
4) Minimum Durations is: a) 15 years for Tier 1, 25 years for Tier 2, and life for Tier 3. Apparently you can get 5 years of Tier 1 if you maintain a clean record.
5) Time starts when you are released from imprisonment. And it appears to say if you are convicted of a crime that puts you on the registry as well as other crimes, that doesn’t matter. The time will start when you are released from prison for all crimes committed at the same time. If you are not imprisoned, time starts with sentencing. This implies to me probation really doesn’t count but they will twist it that it does.
6) It covers information you have to provide. For Florida, I see nothing alarming registrants aren’t already doing except this one, “The name and address of any place where the sex offender is or will be an employee or, if the sex offender is or will be employed but with no fixed place of employment, other information describing where the sex offender works or will work with whatever definiteness is possible under the circumstances”. That is vague and could cause some issues with those people who work at job sites that vary day to day.
7) How often do you have to go in. Tier 1 is annually, Tier 2 is Semi- Annually, and Tier 3 is quarterly. Once again, Florida is the same or more restrictive.
Basically, the biggest argument I see is this has differing requirements and time frames from some States which will cause issues. It is bad enough you have to just about know every States laws, now you have to make sure you meet these requirements as well even if that State doesn’t have the same ones. Completely stupid and will make ZERO change in the number of these crimes committed.
#6 is a biggie Alan, as it would require registration of every location one would conduct business at. Any contact site, any temp service site, any landscaping site, etc.
Am i missing something here?
This proposal is from October of 2020. From a full year ago. Contacting anyone about them now I think would be futile.
To further confuse the issue the above text of the posting states “Proposed regulations we oppose published in Federal Register on Aug. 13, 202”. It cuts off the one’s digit, why?
Aside from that, reading it raises questions. I was sentenced in 1993, 28 years ago. No prison. Sanctions ended in 2008. Florida is the only state tolling removal from end of sanctions, so I am only 13 years into florida’s 25 year clock (used to be 20 years, they will probably just keep moving the cheese).
But SORNA only requires registration for 15 years for tier 1 and 25 years for tier 2. I don’t know if “sex offender” designation in florida is a level 1 or 2. “Predator” designation would likely be either 2 or more likely 3. I have tolled the 25 year requirements for SORNA, so does that mean if I move to any other state I no longer have to register?
Who could answer that question?
As usual what a complete load of crap from law maker’s. Now the government wants to tighten the noose further and impose lengthier sentences than most states for simple failure to register. A war is looming, and we are becoming the front line. The people only understand one thing, and that’s action and not simple words are enough.
Can someone at FAC please brief this 92 pages? My takeaway from the little bit that I read is that even if you’re from a state that has a 10 or 15 yr registration and you’ve completed it, you’re going BACK ON IT in the Federal registry. Correct?
I’m gathering that they want to make registration regulations federal?
If this were really about protecting the public as they claim, then there would also be a ‘murderer’ registry, a ‘drug dealer’ registry, and a DUI registry. This plainly shows they are NOT interested in protecting the public or those offenders would have a registry too.
They are liars!!
David
According to FAC in Florida there is a murder registry. Apparently though it must be private as I have never been able to access it. I wanted to see if any murderer lived near me so I could ban them from tricker treating at my house :)~
The DOJ goes to great length explaining how this is civil and not criminal, and therefor can be applied retroactively. But explain to me why people will be criminally charged and sentenced to a potentially longer prison term than their original sentence for violating any portion of it? Every other civil infraction in the country results in basically a fine, as is the case of a traffic citation, which is a civil infraction (excluding DUI, vehicular manslaughter, etc.). And they’re going to apply this to everyone ever convicted of a sex crime? Really? Someone who was convicted 70 years ago and did their time will be going on the registry? The crap is going to hit the fan if that happens.
Disgusted
NO one has ever answered my question. And have seen no attorney do so either. Why does someone now days who gets arrested, has the ability to plea bargain based on the registry, but those of us who were sentenced before the registry, do not get to go back and say “Whoa, wait a damn minute, where was my chance to bargain”?
So those of us who were retroactively placed on registry for life are not being punished? Well if we had NO say in the matter, but new people charged do, how is that not discrimination?
No, you are either misreading Federal SORNA or not reading the entire law. No one who was convicted 70 years ago would still be required to register under Federal SORNA provided they have a “clean record” since release. Under Federal SORNA, the clock starts ticking upon release from incarceration or from sentencing if given probation or another sentence not involving incarceration, not upon expiration of probation as in Florida. Also, even Tier III offenders have their FEDERAL obligation to register end after 25 years if they have maintained a “clean record” (the length is 15/10 years for Tier I offenders, which don’t exist under Florida law, or 25 years for Tier II offenders, which probably represents the majority offenders in Florida). Federal SORNA is immeasurably less severe in every respect than Florida’s sex offender and sexual predator registration laws. If we could replace Florida’s sex offender laws with Federal SORNA, that would be a huge godsend.
Looks like I will need to add the AG to Phase 2 of the Media Blitz. I will do that before tomorrow’s first mailing of Media Blitz #1. It’s too bad that so many in ‘authority’ are so ignorant of the subject…or could it be that they have very little else to justify their position and salary. From the AG’s congressional hearing the past two days on parents and domestic terrorism, it is quite obvious that he is clueless and just a step behind ‘Uncle Joe’ in his senility.
Here is my honest opinion
It seems the more lawsuits and wins we (As a collective) get or grief we cause to the U.S or state Government, they hit back with 100 times the force. We get a win, they create a new counter active law.
Also the Governments will spend MILLIONS just to win against one registered person. That is because that one win could affect just that one person but can be used as a precedence for future cases.
This reminds me of Mike Tyson. People fought him and were brave enough to get in the ring for the chance to earn some money. Most got knocked out willingly in the first 30 seconds to keep from getting brain damage. BUT, eventually someone defeated Tyson and his reign was soon short lived once someone proved he was not invincible.
I just hope this does not take too many more years, as many of us are getting old (My Crime took place 30 years ago) and I do not want to end up in prison as an elderly person knowing there is almost no health care in the system (I experienced almost dying in there). And for what? Most are being sent back for a simple FTR and getting more time than their original offenses.
I’ve read all 92 pages. In my opinion, this will have no effect on registrants who are only required to register in Florida, since Florida’s requirements are already as stringent as, or more stringent than, those required by Federal SORNA. This may impact registrants in other states with requirements that are less strict. In Florida, we already have to register 2 times or 4 times per year (there is no one who must only register once a year in Florida). Our temporary residence reporting requirement is 3 days, whereas it is 7 days in Federal SORNA. Also, we are already required to report internet identifiers and vehicle information. So I really don’t think this will matter at all for us in Florida. Yes, registrants in states with less strict laws may be impacted, especially where the registration periods are significantly different in their state law vs. Federal SORNA.
CARDONA v. COMMONWEALTH How will they get around this in KY?
If I move from Florida to Maryland, I won’t have to register in Maryland, since their supreme court recently relieved anyone whose offense predated Oct 1995 from having to register. However, according to present federal SORNA rules, I need to continue registering for another couple of years (at which time I’ll have registered for 25 years). However, Maryland says they won’t register me for SORNA. The federal govt won’t tell me how I’d go about registering for SORNA if Maryland refuses to register me. So, I also wonder, if federal SORNA adds more registration rules on top of what a state requires, will the state even be willing to support those rules? If not, how would a PFR in that state be able to conform to federal SORNA?
RayO
Good Lord man. This is more confusing than a one armed man trying to solve a Rubix Cube. I feel bad for all of us because I think they purposely make things so difficult to comply with that we get arrested. Judges already ruled that WE are responsible for knowing the laws that affect us on the registry.
Can someone mail me a copy of the 10,000 page registry requirements? I think the real predators are those making new laws that can send you to prison but are supposedly not punitive in nature.
I am pissed for people like you Ray, me and so many others. I have abstained from numerous Holiday visits to relatives because I do not want to have to register their home. I am missing Thanksgiving which will be a week long stay for my family out of state. My family offered to pay for my trip but like I said, I don’t want compliance officers showing up at their doors and causing family grief.
Also, I am ashamed of the judges that are afraid to do the right thing due to letting their emotions and personal feelings about sex offense get in the way of the law and constitutional rights.
RayO, Again, I am sorry that things are so confusing. If you figure it out, let us all know.
RayO….
I will have the same predicament in several years!
Is Federal Law Supreme over State Law? What is the Legal Protocol?!??
Most Attorneys won’t touch this sort of thing; Some may, that is if you have a big wallet to pay for their ‘research time’
So, Once Again, it is a Slippery Slope..
You Just have to hope you get the Right Judge!
As CherokeeJ says, keeps us informed of any new information that you may receive or uncover
Thanks
THIS IS STRICT LIABILITY ON STEROIDS!
HOPE THE HONORABLE AG WILL TAKE HIS TIME TO VERIFY AND VALIDATE THE FINDINGS! and change things, so that all can co-exist!
THIS IS OFF THE CHAIN!