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
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 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.
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.
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
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
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.