Congress can’t punt its lawmaking responsibility to the attorney general
In 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA), which requires states to keep registries for those convicted of sex offenses. SORNA also makes it a federal crime for an offender to fail to register with his state.
But Congress did not want to wade into the messy details of what constitutes a “sex offense,” or what the registration requirements should be. Instead, Congress told the attorney general to issue rules deciding the “time and manner” of registration, the “information required,” and who must register.
To understand why this became a problem, consider the new rules that Garland issued last year. According to these rules, anyone who has been convicted of a relevant crime is required to register, even if their conviction was expunged. They must register in person, at least once a year, and provide local police with information that includes their Social Security number, internet usernames, work or school information, any international travel, passport and vehicle registration, and professional licenses.
My client — who shall remain anonymous here — was convicted in 1996 of a misdemeanor offense for inappropriately kissing a 16-year-old when he was 23. He was sentenced to probation and required to register as a sex offender.
He took his offense as a wake-up call. He completed hundreds of hours of therapy, obtained college degrees, and did everything he could to become a productive and valuable member of society. By 2002, his conviction was expunged by the State of California, in part because the registration requirement no longer made sense for someone like him. In 2010, a judge issued a certificate of rehabilitation recognizing my client’s extraordinary turnaround. According to California, not only does he not need to register as a sex offender, but he has no criminal history and is considered to be fully rehabilitated. California won’t let him register because it doesn’t consider him to have a conviction.
Unbelievably, the attorney general has said that in “situations in which a sex offender has failed to do something SORNA requires because it is impossible for him to do so,” such as in this case, he is presumed guilty. It would be up to him to prove his innocence at trial after being arrested and prosecuted by federal authorities — turning the presumption of innocence and due process upside down.
Those convicted of sex offenses often find little sympathy in society, even with the courts that are supposed to protect their constitutional rights. But we should all be terrified about what the attorney general is attempting to do here.
I’m also in California. My registering agency does not collect Internet usernames. 🤷🏻♂️
So I guess the U. S. Marshals will come a’knockin’ on my door! 🤗
And the courts will be mighty busy!! 😝
I noticed the Hill removed its comment section, referring comments to the article posted on Facebook and Twitter. Coincidence that registrants are barred from those platforms? Betting not…
Registrants are not barred from Twitter and should feel free to post their comments there.
Especially for this young man’s case ……P.U.N.I.S.H.M.E.N.T to the nth degree. I have an idea, lets dig up all the dead registrants and arrest them for non compliance.
These are the kind of things you see in communist countries where you do not have any rights. So why does it feel like our group is living that here and now? I hope this lawyer can get some justice. If it goes to trial, the state will try and convince the jury this young man is sick and should not be running around loose as the kissing bandit.
We need a new slogan ,instead of “no taxation without representation ” We should make it ” no registration without representation “. Since there are NO registered person’s on any board or any other body that decides the rules we MUST abide by that effect not only our lives but those of our loved ones as well.
Congress passes off their duties all day long…..CDC, ATF, EPA etc….. And the ones they don’t, are controlled by Pelosi and MCconnell, Shcumer and McCarthy. They just dictate party stance and that is it. They all fall in line.
I’ve commented previously that I left Florida, now in Indiana. Small town, kind of scary for me because more likely someone could recognize me. The person I check in with is kind and not difficult, I’ve spoken with him to clarify things and it’s never an issue. Recently because I have some self harm issues, I asked what if I had to go away for a bit to protect me from myself. We worked out a plan for the “what if.. . ” scenario.
the attorney general has said that in “situations in which a sex offender has failed to do something SORNA requires because it is impossible for him to do so,” such as in this case, he is presumed guilty. It would be up to him to prove his innocence at trial after being arrested and prosecuted by federal authorities
This, would mean that if I go to the hospital because I’m making plans to, or have attempted, unsuccessfully, to end my life that I would be arrested if I were gone for more than 72, 48 in Florida, hours and didn’t let them know. Mental health awareness is a bigger thing now. This makes me think that mental health is important for everyone except me. I’m safe now so this isn’t a cry for help. When I’m down, of I think I can’t get help because I’ll be arrested and lose everything, it’s not going to help me make “the right decision”.
Part of me wants to say these are the stories lawmakers, or the public need to hear. I do have a plan, I have researched it, it will work. I have a family, I own a home, I have a few friends. Don’t think about me, a free from FDOC control for almost 15 years, think about how it will affect them. That’s what I hear, think about them. If a person could look me in the eye and tell me how it makes sense to put in me prison for trying to stay alive, and that benefits my family, I would never speak negatively about registration again.