Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Sex Offender Registration and Notification Act (SORNA) SMART OFFICE Office of Justice Programs Department of Justice

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Learning Objectives Describe basic requirements of SORNA; Identify timelines for implementation by states; Understand consequences for failure of states to implement; Understand responsibilities of SMART Office and assistance available to states; and Articulate pending cases interpreting SORNA.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office The Adam Walsh Child Protection and Safety Act of 2006 Title I: Sex Offender Registration and Notification Act (SORNA) Purpose: To establish a comprehensive set of minimum standards for sex offender registration and notification and to facilitate information sharing between jurisdictions regarding sex offenders.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office SORNA New Requirements Tribal Registration Jurisdictions Juvenile Registration Tiering/Offense-based Mandatory Penalty for Failure to Implement Additional Registration Requirements New Federal Criminal Offense for Failure to Register Established the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART)

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Significant Changes in SORNA Offender must register where –Originally convicted –Resides –Employed –Attends School

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office 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 42 USC 16911

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Duration of Requirement § Duration of registration requirement (a) Full registration period....The full registration period is- (1) 15 years, if the offender is a Tier I sex offender; (2) 25 years, if the offender is a Tier II sex offender; and (3) the life of the offender, if the offender is a Tier III sex offender.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Reduction in Registration Requirement For a Tier I sex offender with a clean record for 10 years – Reduction is from 15 years to 10 years For a Tier III juvenile adjucated delinquent with a clean record for 25 years – Reduction is from life to 25 years

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office In-Person Verification § § Periodic in-person verification A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and verify the information in each registry in which that offender is required to be registered not less frequently than – (1) each year, if the offender is a Tier I sex offender; (2) every 6 months, if the offender is a Tier II sex offender; and (3) every 3 months, if the offender is a Tier III sex offender.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office 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

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Public Website Required Information Current Offense & Prior Sex Offenses Employer address Name Photograph Physical description Resident Address School address Vehicle(s) license plate number and description

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Mandatory Exemptions from Public Website Victim’s identity SS# of offender Arrests that did not result in conviction Passport and immigration identifiers Internet identifiers (KIDS Act)

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Immediate Transmission of Information When an offender –Registers –Updates their registration –Indicates an intention to relocate Jurisdictions must immediately notify any other registration jurisdiction where that offender –Is required to register –Will be required to register

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Retroactivity – Regulation Attorney General regulation dated February 2007 (28 CFR Part 72) confirmed the retroactive applicability of the SORNA requirements to all sex offenders, regardless of when they were convicted.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Retroactivity – Guidelines The Guidelines clarified that a jurisdiction will conform with SORNA if it brings the following offenders into compliance: –Incarcerated or under supervision –Already registered or subject to pre-existing sex offender registration requirements –Hereafter reenter the jurisdiction’s justice system because of conviction for some other crime

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Juveniles SORNA will require registration for juveniles at least 14 years old at the time of the offense who are adjudicated delinquent for committing (or attempting or conspiring to commit) offenses under laws that cover: –Engaging in a sexual act with another by force or the threat of serious violence (see 18 U.S.C. 2241(a)); or –Engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim “Sexual act” for this purpose should be understood to include any degree of genital or anal penetration, and any oral-genital or oral-anal contact.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office SORNA/SMART Office Timeline SMART Office Opened: Dec Attorney General Regulation: Feb Final Guidelines: June 2008 First Implementation Deadline: July 2009 AG issued one-year blanket extension: May 2009 First two jurisdictions implement SORNA: Sept Ohio Confederated Tribes of the Umatilla Reservation Second Implementation Deadline: July 2010 Final Implementation Deadline: July 2011

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Consequences: Failure to Implement 10% annual reduction in Byrne Justice Assistance Grant funds Only the 60% state level money will be reduced For tribes: If the AG determines that the tribe has not substantially implemented the requirements of SORNA and is not likely to become capable of doing so within a reasonable amount of time, function delegated to the state.

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Assisting Jurisdictions with SORNA Implementation 253 Registration Jurisdictions 50 states 5 territories District of Columbia 197 tribes SMART Office is authorized to administer standards set forth in SORNA administer grant programs provide technical assistance perform other functions delegated by the Attorney General

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Assisting Jurisdictions with SORNA Implementation Technical Assistance Training Presentations Outreach to Jurisdictions Indian Country Tools: Tribe & Territory Sex Offender Registry System (TTSORS), Model Code Software Tools: Portal, Sex Offender Registry Tool (SORT) Technical Working Group Implementation Checklist GetSMART SORNA Case Law Update FAQ’s, Fact Sheets, SMARTWatch

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Grants Adam Walsh Act Implementation (AWA) 2007 – $11.8M 2008 – $ 3.9M 2009 – $ 4.7M National Sex Offender Public Website (NSOPW) $8.78M

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Federal Sex Offender “Registries” NSOPW –National Sex Offender Public Website – –SMART Office NSOR –National Sex Offender Registry –FBI/NCIC Folder

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Residency Restrictions & GPS SORNA does not address these Most studies do not advocate for residency restrictions GPS has various issues in implementation and efficacy

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office International Working Group Entering and leaving the U.S. State Department DHS Department of Defense USMS – Sex Offender Targeting Center

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Two Tracks of Litigation 18 U.S.C. § 2250 State litigation

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office 18 USC § 2250 Commerce Clause Ex Post Facto Due Process 10 th Amendment

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Juvenile Male U.S. v. Juvenile Male –2009 U.S. LEXIS (9 th Cir. 2009) –Federal Juvenile Delinquency Act –Tribal –Retroactive Application –Ex Post Facto violation

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Carr v. U.S. 7 th Circuit Case 18 USC § 2250 Pending before the U.S. Supreme Court

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office State Litigation Nevada –Masto (pending before the Ninth Circuit) Alaska/Indiana/Maine –Ex Post Facto violations Ohio –Implementation litigation

Office of Justice Programs Innovation Partnerships Safe Neighborhoods U.S. Department of Justice Office of Justice Programs SMART Office Contact Us Any Time! SMART Office U.S. Department of Justice/OJP