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Purposes of Sex Offender Registration and Notification. Enhancing Community SafetyPublic Awareness of RiskAssisting Law Enforcement. Before SORNA. Pre 1994: Few states required convicted sex offenders to register addresses with local law enforcement. 1994: Wetterling Crimes Against Children and Sexually Violent Offender Act Set standards for the implementation of state-level a sex offender registration program. 1996: Megan's Law amendment .
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1. SORNA Implementation in the Tribes and States
Lori McPherson
Policy Advisor
SMART Office
U.S. Department of Justice/OJP
lori.mcpherson@usdoj.gov
(202) 353-3591
August 11, 2009
Bellevue, Washington
3. Before SORNA Pre 1994: Few states required convicted sex offenders to register addresses with local law enforcement.
1994: Wetterling Crimes Against Children and Sexually Violent Offender Act
Set standards for the implementation of state-level a sex offender registration program.
1996: Megan's Law amendment
4. Before SORNA
1996: The Pam Lychner Act:
Added lifetime registration requirement for perpetrators of aggravated offenses and recidivists.
Authorized the National Sex Offender Registry.
1997: Additional amendments:
federal and military sex offenders
promoted registration by sex offenders in states of employment, school attendance and residence.
5. Before SORNA
2003: The PROTECT Act
Required states to maintain public registry websites
2005: Administrative creation of the National Sex Offender Public Registry
www.nsopr.gov
6. SORNA Sex Offender Registration and Notification Act
Title I of the Adam Walsh Child Protection and Safety Act
Passed July 27, 2006
42 U.S.C. § 16901 et. seq.
18 USC § 2250
Designed to create a national set of standards to eliminate loopholes and gaps in existing registry systems
7. National Sex Offender ‘Registries’ National Sex Offender Public Website (NSOPW)
Operated and maintained by the SMART Office
www.nsopr.gov or www.nsopw.gov
Search Engine
National Sex Offender Registry (NSOR)
Operated and maintained by the FBI
Subfolder of NCIC (ORI Number)
Law Enforcement Only
Actual Database
8. How SORNA Works
9. Implementation Timeline
July 27, 2009: original SORNA substantial compliance deadline.
July 26, 2010: New SORNA deadline for all jurisdictions (AG Order, 5/26/09)
10. 42 USC § 16925 (a) In general. For any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this title shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under [Byrne-JAG Grant Funds]
11. Byrne Grant Reduction First SORNA Deadline: July 26, 2010
If a jurisdiction has either
Not substantially implemented by July 26, 2010; or
Not been granted a one-year extension to July 26, 2011
Their FY 2011 money will be reduced by 10%
Only the 60% state-level money will be reduced
12. Stimulus Money American Reinvestment and Recovery Act of 2009
P.L. 111-5 (February 17, 2009)
@ $2 Billion (Formula)
$225 Million Discretionary
Not affected by any SORNA reduction
13. 42 U.S.C. § 16927 If the Attorney General determines that a tribe
Has not substantially implemented SORNA; and
Is not likely to become capable of doing so within a reasonable amount of time;
Then delegation to the state.
State will be responsible for registration, notification, and enforcement functions in tribal lands if a tribe fails to substantially implement as SORNA requires
14. SORNA’s Minimum Standards
15. Significant Changes in SORNA Expanded the sex offense convictions required to be registered by registration jurisdictions:
Tribal Convictions
States, Territories, Foreign, Federal, Military
Expanded the registration jurisdictions required to establish sex offender registries:
197 Federally Recognized Indian Tribes
5 Principal U.S. Territories
16. 42 USC 16911 Three Tiers of Sex Offenders
Tier I: Lowest Level. Catch-all covering all convictions for a “sex offense” not covered in Tiers II or III.
Tier II: Mid-Level
Tier III: Highest-Level
17. Duration of Requirement
§ 16915. Duration of registration requirement
18. In Person Verification § 16916. Periodic in person verification
19. Required Information—to Collect Criminal History
Date of Birth
DNA Sample
Driver’s License or Identification Card
Employer Address
Fingerprints
Internet Identifiers
Name
Palm Prints
Passport and Immigration Documents
Phone Numbers
Photograph
Physical Description
Professional Licensing Information
Resident Address
School Address
Social Security Number
Temporary Lodging Information
Text of Registration Offense
Vehicle Information
20. Implementation Status
21. Jurisdictions moving closer In ongoing conversations with SMART Office in an effort to get them ‘over the hump’:
Confederated Tribes of the Umatilla Indian Reservation
Confederated Tribes and Bands of the Yakama Nation
Ohio
Nevada
22. One-Year Extensions
Blanket Extension to All Registration Jurisdictions (5/26/09)
All jurisdictions eligible to apply for one more one-year extension, to July 26, 2011.
23. Submission Process Materials to the SMART Office
One Policy Advisor is assigned to every state, tribe, and territory
Preliminary legal review and report
To OGC
Back to SMART for final decision re: substantial implementation
24. Obstacles to Implementation Juvenile Registration
Limited Class, Element-Only
Retroactive Application
Statute Silent, 28 CFR 72.3, Guidelines
Definition of “Substantial Implementation”
Exceptions where an alternative “would not frustrate the intent of the requirement”
25. Obstacles to Implementation Cost
Interaction with use of risk-assessment tools
IT limitations
Tribal Issues
ORI Number—NCIC Access
DNA/CODIS Access
Newly Recognized Tribes
Delaware Tribe of Indians (Oklahoma)
Hawaii
26. The SMART Office Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
U.S. Department of Justice
Office of Justice Programs
27. Resources www.ojp.gov/smart (main website)
Case Law Updates
FAQ’s, Fact Sheets
Compliance Checklist
Designed as a tool to be used in conjunction with ongoing conversations with the SMART Office
Annual Symposium
May, 2010 (Portland, Oregon) (Tentative)
Technical Assistance: getSMART@usdoj.gov
28. Resources Model Tribal Code
NSOPW Communication Portal
TTSORS (Tribal and Territory Sex Offender Registry System)
Administrative Registration System
Public Registry Website, hooked in to NSOPW
TTSORS-like System for the States
No vendor has been vetted through SMART to get any kind of “SORNA Compliant” certification
29. Ongoing SMART Projects
International Working Group
Coordination with the Department of Defense
Federal Enclave enforcement questions
30. Contact Us Any Time!
SMART Office
U.S. Department of Justice/OJP
202-514-4689
getsmart@usdoj.gov