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
Purposes of Sex Offender Registration and Notification
Enhancing Community Safety Public Awareness of Risk Assisting 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 statelevel a sex offender registration program.
1996: Megan's Law amendment
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.
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
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
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
How SORNA Works
Implementation Timeline
July 27, 2009: original SORNA substantial compliance deadline. July 26, 2010: New SORNA deadline for all jurisdictions (AG Order, 5/26/09)
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]
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
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
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
SORNA‟s Minimum Standards
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
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
Duration of Requirement
§ 16915. 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.
In Person Verification
§ 16916. 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.
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
Implementation Status
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
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.
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
Obstacles to Implementation
Juvenile Registration
Limited Class, Element-Only
Statute Silent, 28 CFR 72.3, Guidelines Exceptions where an alternative “would not frustrate the intent of the requirement”
Retroactive Application
Definition of “Substantial Implementation”
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
The SMART Office
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
U.S. Department of Justice Office of Justice Programs
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
May, 2010 (Portland, Oregon) (Tentative)
Annual Symposium
Technical Assistance: getSMART@usdoj.gov
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
Ongoing SMART Projects
International Working Group
Coordination with the Department of Defense Federal Enclave enforcement questions
Contact Us Any Time!
SMART Office U.S. Department of Justice/OJP 202-514-4689 getsmart@usdoj.gov