Sex Offender Registration and Notification Act (SORNA): A summary primer
On Monday, February 28, 2011, I attended a webinar training session hosted by the National Criminal Justice Association (NCJA) where panelists discussed the Sex Offender Registration and Notification Act (SORNA). SORNA aims to close potential gaps and loopholes that existed under prior law and establishes the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (the “SMART Office”), a component of the Office of Justice Programs within the U.S. Department of Justice.
The SMART Office is authorized by law to administer the standards for sex offender registration and notification that are set forth in SORNA. It is further authorized to cooperate with and provide assistance to states, local governments, tribal governments, and other public and private entities in relation to sex offender registration and notification and other measures for the protection of the public from sexual abuse or exploitation. The SMART Office is a key federal partner and resource for jurisdictions as they continue to develop and strengthen their sex offender registration and notification programs
IMPORTANT AREAS OF REFORM UNDER SORNA
- Extends the jurisdictions in which registration is required beyond the 50 states, the District of Columbia, and the principal U.S. territories, to include federally recognized Indian tribes.
- Incorporates a more comprehensive group of sex offenders and sex offenses for which registration is required.
- Requires registered sex offenders to register and keep their registration current in the jurisdictions in which they reside, work, or go to school.
- Requires sex offenders to provide more extensive registration information.
- Requires sex offenders to make periodic in person appearances to verify and update the registration information.
- Expands the amount of information available to the public regarding registered sex offenders.
- Makes changes in the required minimum duration of registration for sex offenders.
OVERVIEW
SORNA was passed in July 2006, with a 3 year implementation schedule. A one year extension was added bringing the deadline to July 27, 2011; there will be no more extensions. Jurisdictions that fail to substantially implement SORNA by July 27, 2011 are subject to a mandatory 10% reduction in funding under 42 U.S.C. 3750 et seq. (“Byrne Justice Assistance Grant” funding).
TOPICS ADDRESSED IN SUPPLEMENTARY GUIDELINES
- Juvenile Delinquents (post of Juveniles)
- Internet Identifiers (concern over identifying children protected by the Kid’s Act 2008)
- International Travel (offenders must give 21 days notice to travel)
- Domestic Information Sharing – discussion portal
- Acknowledgement (notice forms) assuring offender has notice forms
- Ongoing Implementation Assurance
- Retroactive Classes
- Newly recognized tribes
TRIBAL IMPLEMENTATION UPDATE
- 45 Tribes have submitted materials to review.
- 125 Tribes are trained in TTSORS
- 23 Tribes on NSOPW
- 22 Tribes are utilizing TTSORS
CHALLENGES FOR SORNA TRIBES
- Tribes face more challenges with hardware and software.
- Many need more assistance in SORNA.
- Problems with Tribes submitting DNA and Fingerprints.
NEW TOOLS AND ASSISTANCE FOR TRIBES
- New technology assistant grant.
- Indian Country TA grant.
- Tool kit for Tribes.
- Updated Model Tribal Code
- TLOA – Tribal Law and Order Act
QUESTIONS SUBMITTED TO THE PANEL
Q1. When will the first penalty for non-compliance offence?
Answer: The first penalty will take place in FY12; again the final deadline is July 27th 2011.
Q2. What constitutes a State working towards implementation?
Answer: NCJA know the status of all states, some states have done very little, and they will need a plan to know how to use the 10% funding. Most jurisdictions are working towards implementation.
Q3. Will there be a 3rd deadline extension
Answer: Absolutely not, no more deadline extensions, the deadline stands at July 27th 2011.
Q4. States and Tribes – Can States use the grants for more staffing?
Answer: Absolutely, most grants have been used for staffing. Areas include:
Project Managers, Office Managers, Law Enforcement Officers, Data Entry Personnel, Police Officers.
Q5. One State has a problem with Sex Offenders going underground?
Answer: Yes, this is to avoid registration, they are non-compliant with SORNA, but they will be prosecuted as it is a violation of registration.
Q6. There are some concerns over juveniles registering; can you provide clarification?
Answer: All Juvenile Sex Offenders should be registered on SORNA. Juveniles are from ages 14 and over, these include all Juvenile Sex Offenders, delinquents, serial sex offenders, and juveniles with a history of aggravated sexual abuse. Some cases are exempt; i.e. Romeo and Juliet cases are excluded from SORNA.
Q7. Can some States go above SORNA with issues?
Answer: Yes, some States have done. Indiana, Alaska and Maine, the NCJA are working with them on certain issues. States can go over and beyond the requirements if needed.
Q8. Should we be concerned about privacy rights of individual Sex Offenders?
Answer: All Sex Offender registrations are public
Q9. How are tribes implementing SORNA?
Answer: Most tribes are collaborating with their States. The vast majority of Tribes will be working on implementing SORNA for many years. Help is needed for some Tribes.
Q10. If a State has been working very hard to implement SORNA, and does not have the review ready by the deadline, will the State still be penalized, or will it be taken into account the hard work achieved?
Answer: If the States submits what has been reviewed on July 27th 2011, it will be considered and noted that hard work and communication has taken place to implement, so no penalties will ensue, provided the hard work will continue. Unfortunately Tribes are not included in this.
Q11. Any other suggestions to support help in implementing SORNA in various States?
Answer: The problem here is that there is no one organization in place to oversee or overview the implementation of SORNA in every State. This is a problem, and every State is working independently. Also there still are ongoing problems with Tribes, this is a concern and they do need help.
SOME ADDIITONAL COMMENTS
- I think it is in every parent’s interest that SORNA is implemented for the safety of their children. I do not know if parents in each state are aware of SORNA, if they are not, public meetings should be held to inform all parents of what SORNA is and how it can help track all sex offenders in and around their general area.
- I am concerned about the slowness of SORNA implementation; many States need additional assistance in implementing SORNA. A point was raised that there was no one organization to assist in tracking every States’ implementation of SORNA and to produce up to date reports on the advancement of each State in implementing SORNA.
- I feel such an organization could be created to assist States that are slow to implement, or are just not sure as to what is required of them. This organization could oversee all States, and keep up to date information available to the NCAJ and the Government as to where the States are at with implementing SORNA, who needs more help in meeting the deadline, and also helping with any concerns that some States may have re: privacy laws etc that may be slowing them down with their advancement.
- I am also concerned about SORNA implementation with the Indian Tribes. Each Tribe is different, and has different problems in implementing SORNA, and they have concerns that are slowing them down too. They also need help in different areas, software, hardware, submitting DNA and fingerprinting. It is essential that they receive help and assistance, and possibly look into more funding for them. If they are penalized by not meeting the deadline they will lose 10% of their funding, and this will hinder them even more, and may even cause them to lose interest in SORNA. So we may need another independent organization set up to help the Tribes to implement SORNA.
The bottom line is that our children have a right to be protected, and by not having SORNA in place, we are letting our children down. Parents should be made aware of SORNA, and should write to their local government offices to inquire as to what stage SORNA implementation is at in their State.