The Dobbs Wire: New SORNA regulations issued – effective Jan. 7, 2022
Headsup! New SORNA regulations were issued today – take effect Jan. 7, 2022. They will impact everybody on a sex offense registry.
In the last months of the Trump administration the Department of Justice (DOJ) suddenly issued draft regulations under the federal Sex Offender Registration and Notification Act (SORNA). The draft regulations were published as required and hundreds of comments received. After the comment period ended there was no response from the government. The silence continued as Trump exited and Biden took office. Any hopes that Biden might simply do nothing and leave the regulations in limbo evaporated. Today’s Federal Register has the finalized regulations. They’re lengthy and complicated, lots of questions as to what they mean and how they will be enforced. Without a doubt these federal regulations will make life even more hellish for the hundreds of thousands (900,000+ in 2018 according to National Center for Missing and Exploited Children) listed on state sex offense registries –counting their families and significant others, several million people will be impacted. While the states are at the center of registration matters, these changes expand the responsibilities that registrants have under federal law, creating more trip wires and opportunities for prosecution. The screws are being tightened, again. The existing registry regime has produced no benefit to public safety. A more draconian regime will not change that. As of 2021 every state has had a registry for 25 years. There’s still no coherent cry to get rid of these ineffective, destructive laws. I hope these SORNA changes will bring more people into this fight.
The regulations are linked below as published in the Federal Register. They’re online here:
Registration Requirements Under the Sex Offender Registration and Notification Act (OAG 157; RIN 1105-AB52)
Also attached is a letter from Daniel Hansmeier, Appellate Chief of the Kansas Federal Public Defender to the Department of Justice that gives perspective on the changes. Excerpt: “The proposed rule defines crimes Congress never envisioned. It seeks to punish offenders who are plainly compliant with SORNA. The regulations do not interpret SORNA; they expand SORNA by defining lawful acts (or impossible acts) as crimes.”
Bill Dobbs, Publisher The Dobbs Wire info@thedobbswire.com 85 Fed. Reg. 49332 - FPD Comment 2021-26420
For those of us without a law degree can someone summerize what the new set of rules states?
On the document mentioned go down to Section 72 and begin reading from there. That’s where the law has been codified and is in easier to understand terms.
If you’re in Florida, nothing of substance. It prevents hotel hopping for more than 7 days, but that’s pretty much it. Everything else is already required by Florida law and in most cases, Florida law is substantially more burdensome than federal SORNA. If you’re in another state and your period of registration has not yet expired under federal SORNA, then it might negatively impact you severely, depending on the specifics. However, if your period of registration has already expired under federal SORNA, then it won’t affect you at all. There are many registered sex offenders in Florida whose period of registration has already expired under federal SORNA. Mine will expire in less than 3 years.
I came here for this exact question
https://www.federalregister.gov/documents/2021/12/08/2021-26420/registration-requirements-under-the-sex-offender-registration-and-notification-act
since we do not have tiers, i am guessing florida is either sex offender= tier 2 and predator = tier 3,
“The required registration periods are generally 15 years for a tier I sex offender, 25 years for a tier II sex offender, and life for a tier III sex offender. See 34 U.S.C. 20915(a); 73 FR at 38068. Paragraph (a) in § 72.5 reproduces these requirements.”
Despite a conviction over 25 years ago I think they could hamstring the situation by saying registration in Florida began 24 years ago (1997) so nobody could be on year 25 yet.
Florida does not technically have tiers, but it has three de facto categories of offenders: (1) those required to register twice per year, some of whom can petition to be removed from the registry 20/25 years upon completion of sentence (including probation); (2) those required to register four times per year for life; and (3) sexual predators, so designated by court order pursuant to F.S. 775.21. Thus, Florida kinda sorta has three tiers, even though they’re not called that.
Federal SORNA has three tiers, and all sex offenders are assigned to one of those three tiers irrespective of what any state does based on their qualifying offense(s). This is relevant for their “independent duty to register” imposed by federal SORNA. The whole point of these regulations is that there are two parallel duties to register: those imposed by the states, and that imposed by federal SORNA. Depending on how “compliant” a state is, the state and federal duties may slightly overlap or mostly/completely overlap (as is the case for Florida). Your duty to register under federal SORNA could expire, while Florida still requires you to register for life. You would still be required to comply with all of Florida’s registration requirements while living in or present in the state, and you very well might have to comply with registration requirements in other states, depending on your offense and their laws. However, your “independent duty to register” under federal SORNA expires (or doesn’t expire) depending on your federal tier level. Florida does not have any felony sex offenses that are categorized under federal SORNA Tier I and Florida does not require registration for its handful of misdemeanor “sex offenses” such as soliciting prostitution (of an adult) or “unnatural and lascivious acts” (F.S. 800.02); this is not the case in every state. All Florida sex offenses are felonies and fall under federal SORNA Tier II or III. The dual duties to register are explained in the “Overview” section of the regulations in the Federal Register.
GL, there is a provision also that allows a Tier 1 to be removed at 10 years IF he/she shows successful completion of sex offender re-education (ie therapy)
Hello, What do you mean by hotel hopping?
My understanding is that if I visit Florida from my home state in the northeast, where I’m not required to register, I must report my visit in Florida if my visit will last 3 days or longer. Could I legally hop hotels every two days and stay, say 10 continuous days, without reporting my visit -since I won’t be living in any one place (hotel) for 3 days?
Also, it seems from the new regs that if you’re no longer subject to federal SORNA that the 21-day notice of international travel doesn’t apply to you …. Is this your interpretation as well?
Thanks very much for any feedback.
If you don’t live in Florida, you have to report any visit over 2 days to the sheriff of the county you are visiting. Only residents get away with the ‘hotel hopping” for now.
You are asking for legal advice. You would need to contact a licensed Florida attorney for guidance. There is a difference between stating or analyzing a statute and giving an opinion on its general ramifications (not legal advice) and advising someone to take a specific course of action in order to comply with the law (legal advice, which only an attorney can do).
Lo and behold, the newly released DOJ SORNA “Rules and Regulations” explicitly state that the International Travel Notification, like other SORNA registration requirements at the Federal level, applies for as long as the individual is subject to federal registration.
on page 9 of the newly promulgated regs, it states –
“International Megan’s Law added the international travel reporting requirements of SORNA and related authorities, appearing in 34 U.S.C. 20914(a)(7), (c) and implemented by §§ 72.6(d), 72.7(f) of this rule. In common with the other requirements under SORNA appearing in this rule, those requirements continue to apply until the end of the SORNA registration period. Whether registration jurisdictions choose to impose such requirements for longer periods than the registration periods prescribed by SORNA is within their discretion. See 73 FR at 38046.” [emphasis added]
in other words, as far as Federal SORNA is concerned, the IML Travel Notice requirement ends when the individual’s registration term ends under SORNA (per one’s Tier). However, individual jurisdictions can extend the requirements if they choose, for those required under their jurisdictions to register.
So, it seems settled -if your time of registration is over per your Federal offense tier, no need to provide this International Travel Notice as far as Federal SORNA goes (though check if your state separately may require it).
If you’re no longer required to register in your home state, why would you go to FL and tell them you USED TO BE on a registry?
I’m not giving “legal advice”, I’m speaking in terms of common sense. When you’re released from registry obligations, why would you assume you need to go register in a place you’re only visiting for a vacation?
Here’s what lawyers need to do; Fight this bullshit because when people have completed their probations and registry requirements, the idea in his/her mind is “Yes! Finally free to live my life again!” No one, and I mean NO ONE is thinking “Gee, I should probably get myself caught up again in this bs by telling another state I was once on the registry in my home state.”
That’s like having been on probation for a DUI, going on a vacation somewhere and going to their local law enforcement to say “Hey, keep an eye on me. I have been known to drink and drive. Put me on probation while I’m here visiting, thanks.”
can anyone put this in laymans terms ??
I hope this enforces registrants to get off the sidelines and out of the I can’t rock the boat mentally. We must band together and fight this injustice for ourselves, loved ones, and our supporters. Nothing our government does surprises me; however screw both parties. Let’s get some accountability and actions of the government violating our rights.
I’ve been saying this for many years that anyone with a sex offense conviction is too scared to do anything. I made a stink about it in a local newspaper back in my home state of CT. My probation officer at the time was not happy about it but I told her I stood by every word I said in the article. Stop being SCARED!
Saddened but not surprised. I feel three factors are against us.
1) Both political parties currently view us a “peripheral” issue.
2) As with local politics, any candidate appearing to be soft on crime will face decreased public support (which is a huge factor in picking which agendas to champion) and will probably get clobbered in the next elections. The opposing party runs on law-and-order issues. So, for the current administration, championing our cause will face a more significant pushback from opposing candidates.
3) This is the most important one. Public opinion. If we can continue to educate and are able to get enough voters to understand a public registry does not work and that our tax dollars are better spent on other effective crime fighting techniques, then politicians, on both sides of the aisle, will have more room to do the right, evidence-based thing. Get rid of a public registry.
We have lost a battle, but we must not feel deflated. This is further proof we must all increase our advocacy and continue to educate! If we each able to get change the misperception of one person, we have doubled our base, and if they do the same, we had tripled it, and so on, and so on! We need to spread our education.
Other social and criminal justice reform movements have done this. We can too. We just need to keep educating and advocating!
No administration is going to commit political suicide to change sex offense laws in a way to make them less harsh. I don’t know what fantasy world you democrats live in when you literally have liberal feminists claiming every man is a rapist with the #metoo movement and the #justbelieveher movement.
Spare me.
It has nothing to do with being democrat or republican but more so with how the public or constituents see their “candidate” be hard on “sex crimes”. So please stop defining one political segment as aligning with those thoughts.
Just imagine if a Presidential candidate, regardless of affiliation comes in live TV and says ” I will get rid of the sex offender registration”….Do you imagine that the individual will get elected?…..We all know, he/she not only will get clobbered, ostracized, killed from the get go but surely will not win any nomination now and forever. Period.
This will be very interesting given that some courts are currently ruling such changes to these registries violate ex post facto.
If only Florida would replace its version of SORNA with the federal one. I imagine the registered citizens in many other states are finding this quite stressful, but there’s absolutely nothing in this that Florida doesn’t already require.
In fact, if Florida were to completely replace its sex offender registration laws with Federal SORNA, my period of registration would expire on April 27, 2024 (in under 3 years, since I initially registered on April 27, 1999, when sentenced to community control followed by probation and am a Tier II offender under Federal SORNA). According to Florida’s current law, I won’t be eligible to petition for removal until December 17, 2030 (20 years since my probation was terminated, since Florida starts counting from the end of probation and not from when it started, like federal SORNA), and there is of course no guarantee that the petition will be granted. Under Federal SORNA, it’s automatic.
So when is one person’s obligation done with Federal Sorna?
How would that even work in Florida?
I have no legal expertise and would be considered your “average Joe” here
I’ve lightly scanned through this and honestly, from what I can see, the “day to day” type stuff that we already are required to do here in FL are still pretty much the same. I didn’t see anything that really stood out as a change as far as reporting, where to report, and how often.
Perhaps for states or regions that are not as strict as FL is this will become more intense, but we’re already pretty accustomed to what’s listed here.
What I do see as sticking out, is their position for tightening up any legal opposition and/or push back by the “offenders” in court. This includes Ex Post Facto challenges.
Basically, if you ever had to register or were prosecuted for a qualifying offense, they are saying this applies to you regardless of whatever state you live in and you must now comply with the federal SORNA requirements, if you have not previously been doing so.
Again, I’m not an expert by any means, but this is what I’m personally seeing.
Would also love feedback from someone with a higher comprehension of legal jargon as well.
While the rulemaking is 32 pages long, pages 1-11 mainly talk about the comments received and their reasoning for ignoring most of them while pages 11-28 explain the actual legal text that is on pages 29-32.
In other words, it takes 28 pages to explain 4.
Mr Alan
YOU ARE SO ON POINT!
Appreciate the observations from those such as RM, below, that prevent me from having to read and understand all this. Also words of wisdom from G and others.
I don’t see many states adopting this because it brings people into the registry without a trial and sentencing.
You can’t constitutionally bring someone under a law that never existed at their sentencing decades later–that is legally ludicrous!
I believe this is going to backfire in a most audacious way that is literally going to anger judges off their chairs.
States do not have to follow federal law, nor can the federal government force them to do so.
If the supreme courts of the states judge this unconstitutional, (which probably many of them will) no one will have to do anything different and we cannot be held liable for registration requirements the state refuses to adopt!
I think this has a good chance of working in our favor because it is so absurd, and it may even cause some of our current duties to be relaxed.
This is why the forefathers of this country made ‘separation of powers’, so that if the legislative branch of the government ‘oversteps’ and goes over the top with a law, the judicial branch can nullify it.
If I reside, or will soon reside, within a “jurisdiction” that refuses to register me since I don’t or no longer meet their requirements, I may be prosecuted federally, under SORNA, if 25 years have not passed since my sentencing (I’d be considered a Level 2 and was not imprisoned). Although, under 72.7(g)1, the feds seem to realize there are multiple reasons why a local “jurisdiction” may be unable or unwilling to register a PFR per SORNA’s requirements, those reasons are not necessarily an affirmative defense for one if prosecuted. Really? If my local sheriff’s office won’t even talk to me about registering, I ask the feds “Where is YOUR federal office in my ‘jurisdiction’? If you’re going to require me to register for YOU, why don’t YOU have a fed location where I could register?”. There are loads of folks across the country who are not required to register in their own states presently, but they WILL still be required to register under SORNA. Will they all move to another state now? Will they be arrested? Will they somehow compel their sheriff to register them anyway? These regs also indicate that, if a PFR resides in a “jurisdiction” that does not require them to register (and will, thus, refuse to), they must ultimately register for SORNA “IF” that “jurisdiction” later changes its rules and sends them some kind of notification that they must now register data for SORNA. So, in one case, you MUST register for SORNA immediately, even if not supported by your “jurisdiction”, but in another case, you don’t have to register for SORNA until your “jurisdiction” tells you to. Those options contradict each other. I wonder if the feds are pretty confident that all of the states will soon become SORNA-compliant so these regs would at least make a bit more sense. It’s like a little child wrote this BS. However, much of the existing SORNA is unclear and unspecific.
I meant to add in my previous comment that it looks more than likely that a PFR WOULD have an affirmative defense if the local sheriff refused to register him. However, if one were prosecuted, even if later acquitted, it would be an expensive prosecution in multiple ways. Also, one would be subject to successfully PROVING that he tried, tirelessly, and was still refused. And, if you weren’t contacted by the state, informing you that you now needed to register, the onus would be on you.
Do I detect ex post facto implications here?
This committee obviously had not intention of listening to the public comments or effecting any changes in SORNA and was a complete waste of time collecting them.
Their responses to valid and logical comments, suggesting change is needed, is responded to with a prosecutors sharp response quoting legal cases and nonsensical outdated legal jargon.
It is obvious that the committee had no interest in learning from the comments that people took valuable time out of their schedule to assemble, with facts and studies to support their findings ,that SORNA was a useless and ineffective law and did nothing to support the all important excuse of :”PUBLIC SAFETY” for which the laws are supposedly written.
Do the rules appear to say that you are “prptected” if the state in whihc you reside does not have a setup to do some things? I am thinking about say Vermont or Georgia where they technically have no way to register you if there if you are no longer on their registry. Likewise, I appears that it might be a legal impossibility to register your internet adresses/names in a state that does not require that. Their still doesn’t appear to be a “Federal sex offender registry” for state convictions. The “national” registry is still populated mostly by information provided by the states. So how would you “federally” register say if you were in Vermont and you qualified for removal 10 years after end of sanctions? I am not even sure how you maitian your registry if you were convicted in Federal, military or Tribal court. I guess you go to the same place where the lowly state offenders have to register. You don’t have to ask to be removed. It is automatic and if you show up from elsewhere and you qualify for removal, you don’t even register. These questions, are relevant because unlike the Great State of DeSantis, the Federal rule makers seemed to have provided for cases of impossibility.
So much for chipping away at this monstrous piece of sh!t registry. All this falls with one swoop of a pen. Their reasoning for each criticism of different aspects of the registry borders on laughable. Going one case at a time, reasoning with the media and reaching out to the public is a waste of time.
Hard for me to understand, in the day of instant communication, why attorneys cannot reach out to other constitutional attorneys and attack this head on. I am sure there has to be at least 3 or 4 thousand lawyers and appellate lawyers you can recruit and they share all the same concerns about the constitutionality of a good portion of the registry. Could it be that it would take a steady flow of revenue from them????
It seems like the constant attacking of the judicial branch has finally weakened the spineless judges nationwide. In effect, they have given up their equal third of power granted in the constitution. Very sad to see this.
The next step should be a full on attack at the same times from attorneys all over the country at the very core of the registry.
I am a tier 3 in the state of Missouri without a conviction. My inappropriate touch was 1993….recieved 2 years probation and raised my daughter (victim), their term not hers. Something is fundamentally wrong with this scenario. To put it mildly, I am sick of this bullsh!t.
Wouldn’t it be possible for someone in the 6th circuit to sue the feds for ex-post facto violation s? Since they’ve already won in that circuit wouldn’t it negate the ex-post facto aspects of a national registry for that circuit also?
ACSOL expects to prepare a legal challenge, according to their website.
A couple things with this.
1). The Michigan 6th circuit Wilman case could’ve been easily avoided. Yes, many Registrants in Michigan were upset because they didn’t get immediately removed. However, The MI ACLU explicitly warned Registrants not to submit individual petitions, because it could cause terrible precedent. Because of the guy that appealed with the 6th Circuit, this court decision in Wilmer was mainly relied on by the AG in these new rules. Just think, what all would he have to go on if it wasn’t for that case?? The MI ACLU even pleaded with the defendant and his attorney to NOT do it! They even wrote a brief to the 6th circuit saying to disregard his case, because they knew this would happen. THIS IS WHAT HAPPENS WITH BEING HARD-HEADED! To all those in Michigan who was upset(rightfully so), that you didn’t get removed, you now are stuck in regards to SORNA for life!
2). The Assistant AG(no, it wasn’t Merrick) who revised these new updated regulations, quoted Justice Scalia’s dissent in Reynolds vs the US in that SORNA applied to pre-act offenders, but yet, he failed to quote Justice Goursh dissent in Gundy (which was much more RECENT
.. 10 years later), that the AG should NOT have this type of power to decide who SORNA applies to. The legislature NEVER said it applies to Pre-Act offenders. How does a prosecutor get to add additional retroactive conditions not agreed to in the initial plea deal. If that’s the case, can we withdraw our pleas and go to trial??
2). The AG addressed a lot of the comments that was submitted. I will give him that. If you look at it, he did address the comments. He also left out an important one that was submitted multiple times, which is, SORNA should be based on an actual CONVICTION, and NOT a PLEA of guilty. I know a plea would apply to Aliens when it pertains to deportation, but should NOT to US CITIZENS. Expungements, set asides, and deferred judgements, and
Sealed records should NOT be included in the definition of conviction, especially if the STATE does not make those with this type to register. I know Florida and Texas makes defendants still register, but please be aware, that there are many states that DO NOT! The US Supreme COURT has NOT ruled that this is acceptable!
I thought the state of Kansas did a decent job of explaining some of the problems with the registry but the federal response didn’t even touch on some . Like the use of the term sex offender . Instead of changing anything they only added more mumbo jumbo to the already smorgasbord of garbage. Making it even more difficult to understand and impossible to follow.
In fact they made it so complicated I doubt any that voted to pass this even read it ,or if they did couldn’t understand it ,so just passed it so someone else wouldn’t accuse them of being ignorant.
Another problem that was not even addressed was that each state has there own interpretation of who is included in each of the tiers.
I was a tier one in Kansas but moved to Missouri and according to there definition of the tiers I ‘m a tier 2. So what the Hell. Was removed from the registry in Kansas in 2007 but living in Missouri now I m on year 25 and will apply for removal soon ,if they don’t change laws again. Each state takes the federal laws on the registry and try to change it to there own liking with no consideration as to the difficulty this will make for the register or law enforcement to even be able to understand or follow the requirements.
Also question on the timeline on the tiers. Is there start from the time of offense or time of conviction? Or does this change from state to state too?
Sorry little confused how this will work but I’m level 1 New York do not show up online will this change the New York State registry will they have to follow this ? Will it affect my level on the new York registry? And can a state choose not to follow this?
Registry or no registry I have no desire to step foot in the state of Florida. 6 years of the state being in thorn in my backside, the state can kiss the curb at a nuclear power plant.
Brandon
The only thing really keeping me here is my Parents. They are elderly and I pretty much take care of them. Most of my extended family is in other states and haven’t seen them in more than 30 years. My Mom and Dad are all I really have left if something were to happen to me. Getting arrested 3 decades ago almost killed my mother and she had a nervous break down. I own that and work every day to make it right, as much as is possible.
Let’s say I have a mortgage on my home. For years I make my payments on time. Finally, I make my last payment and I am now mortgage free. But then the bank sends me a letter reminding me a payment is due in the coming month. What would my response be? You guessed it. This is the same thing that is happening with registered citizens. The debt has been paid yet the ‘bank’ wants another payment. It’s time to stand up and tell the government to go ‘shove’ their illegal requirements made possible only by ex post facto regulations.
I have some sage advice for anyone getting close to going to court, to ask to be removed from the registry. KEEP that to yourself. Let me explain. If when you go into register or conversing with law enforcement that comes to your house, and you are bragging to them that this *@#$ will end soon because I am going to court, DONT do it.
All it takes is for one of them to trip you up and get a minor charge, to keep you for having a stellar record while on the government imposed life sentence on the registry. If you are going to court soon or in the near future, just be careful who you blab that too is all I am saying. It can come back to haunt you.
That happened to me when I was close to getting released from prison. But it wasn’t me blabbing, the unit posts the pre-release inmates in the common areas on the bulletin boards.
You wouldn’t believe how many inmates and guards tried to trip me up before my release. I didn’t breath well until I got outside the gates and in my parents car. I looked back for miles to see if we got pulled over and somehow I was released by mistake. But as we all now know, getting released from prison/community control or probation was only part of the battle due to the registry.
In closing, again, just keep your intentions on the removal process on the downlow as you never know what evil devious people are around you in everyday life. Even on here we have a lot of people who join the conversations that are “Wolves in sheep’s clothing” just waiting to pounce.