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For those unaware, when the Adam Walsh Act was passed by Congress in 2006, they delegated the implementation to the Department of Justice (DOJ) who then formed the Sex Offender Sentencing Monitoring, Apprehending, Registering and Tracking (SMART) office. The SMART office then developed guidelines for states to meet in order to continue to receive their Edward Byrne Fund Grant money or lose that 10%. To date only 18 states have substantially complied and NO state is in full compliance.
https://smart.ojp.gov/
Please Take Note:
The present proposed rule expands part 72 of title 28 of the Code of Federal Regulations to provide a full statement of the registration requirements for sex offenders under SORNA. It revises the statement of purpose and definitional sections in 28 CFR 72.1 and 72.2. It maintains the existing provision in 28 CFR 72.3 stating that SORNA's requirements apply to all sex offenders, regardless of when they were convicted, and incorporates additional language in § 72.3 to reinforce that point. It also adds to part 72 provisions—§§ 72.4 through 72.8—articulating where sex offenders must register, how long they must register, what information they must provide, how they must register and keep their registrations current to satisfy SORNA's requirements, and the liability they face for violations, following SORNA's express requirements and the prior articulation of standards for these matters in the SORNA Guidelines and the SORNA Supplemental Guidelines.
We are suggesting that registrant families tell their story in their responses to the DOJ to show how they have been impacted and that expanding it in light of the fact that ONLY a few states have 'substantially' complied and NONE in 'full' compliance with the Adam Walsh Act since 2006 is a brilliant indication of a failure especially since the numbers began to decline in the 'early' 1990s.
A known flaw in the design involves the transfer of criminal code in the state to the SORNA designed codes. Some are shown as Tier III when their offense falls into the Tier I category.
Over and above the DOJ ‘minimum’ guidelines registered citizens are also held accountable for state, county and municipality requirements.
This is your opportunity to provide feedback about the revision of Federal rules that affect Registered Citizens and is available to all interested individuals and organizations.
The Department of Justice wants comments on its revision of Part 72 of SORNA (Sex Offenders Registry and Notification Act). The proposed revision can be viewed beneath extensive introductory material and analysis of the changes (scroll!) on the Federal Register website. Don’t let the legalese run you off. Delve in if you like.
Go to:
https://www.federalregister.gov/documents/2020/08/13/2020-15804/registration-requirements-under-the-sex-offender-registration-and-notification-act
Use the SUBMIT A FORMAL COMMENT “button” to input your comments after reading the proposed revision of PART 72. Your comments are not confidential; however, you need not provide identifying information. You may identify if you prefer on the comment form.
In addition to commenting in the comment box, you may submit up to 10 files of 10 MB each. Acceptable types of files can be seen when you click on +Add a file.
Comment on the bureaucratic tangles and snags, how registration handicaps rehabilitation and damages families, how little value there is to the public safety for this costly process that may cause more harm than good.
Your comments must be posted by 11:59 pm on October 13, 2020.
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