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27362 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices
DEPARTMENT OF THE INTERIOR Violations of these closures and jurisdictions retroactively, and the
restrictions are punishable by fines not treatment of Indian tribes newly
Bureau of Land Management to exceed $1,000 and/or imprisonment recognized by the Federal Government
[LLNMA01400.L17110000.PN0000] not to exceed 1 year. These actions are subsequent to the enactment of SORNA.
taken to protect public health and DATES: Written comments must be
Notice of Temporary Order Restricting safety. postmarked and electronic comments
Dogs From Public Lands in the Kasha- 5. An Environmental Assessment for must be submitted on or before July 13,
Katuwe Tent Rocks National the Temporary Order, called Emergency 2010. Commenters should be aware that
Monument in Sandoval County, NM Dog Closure, Kasha-Katuwe Tent Rocks the electronic Federal Docket
National Monument, DOI–BLM–NM– Management System will not accept
AGENCY: Bureau of Land Management, A010–2009–22–EA, was completed with comments after Midnight Eastern Time
Interior. the signing of a Decision Record dated on the last day of the comment period.
ACTION: Notice of temporary restriction May 22, 2009. ADDRESSES: Comments may be mailed to
order. Copies of this closure order and maps Linda M. Baldwin, Director, SMART
showing the location of the routes are Office, Office of Justice Programs,
SUMMARY: Notice is hereby given that a
available from the Rio Puerco Field United States Department of Justice, 810
Temporary Order is in effect authorizing ˜
Office, 435 Montano N.E., Albuquerque, 7th Street, NW., Washington, DC 20531.
the exclusion of dogs from public lands New Mexico 87107–4935. To ensure proper handling, please
within the 5,610-acre Kasha-Katuwe
Authority: 43 CFR 8364.1, Closure and reference OAG Docket No. 134 on your
Tent Rocks National Monument. This
Restriction Orders. correspondence. You may submit
order will enhance the safety and
comments electronically or view an
quality of the visitor experience for 97 Edwin J. Singleton,
electronic version of these proposed
percent of the Monument’s visitors. District Manager, Albuquerque. guidelines at http://
DATES: This closure became effective on [FR Doc. 2010–11615 Filed 5–13–10; 8:45 am] www.regulations.gov.
May 23, 2009, following completion of BILLING CODE 4310–FB–P
an Environmental Assessment for the FOR FURTHER INFORMATION CONTACT:
Temporary Order and signing of the Linda M. Baldwin, Director, Office of
Record of Decision on May 22, 2009. Sex Offender Sentencing, Monitoring,
DEPARTMENT OF JUSTICE Apprehending, Registering, and
The closure will remain in effect for 2
years, during which time the BLM will, Tracking; Office of Justice Programs,
Office of the Attorney General
through public involvement, develop a United States Department of Justice,
long-term management resolution of the [Docket No. OAG 134; AG Order No. 3150– Washington, DC, 202–305–2463.
2010] SUPPLEMENTARY INFORMATION:
safety issue in this area.
FOR FURTHER INFORMATION CONTACT: RIN 1105–AB36 Posting of Public Comments
Thomas E. Gow, Field Manager, Rio Please note that all comments
˜
Puerco Field Office, 435 Montano NE., Supplemental Guidelines for Sex
Offender Registration and Notification received are considered part of the
Albuquerque, New Mexico 87107–4935; public record and made available for
or call (505) 761–8797; or e-mail AGENCY: Department of Justice. public inspection online at http://
Tom_Gow@blm.gov. www.regulations.gov. Such information
ACTION: Notice; Proposed guidelines.
SUPPLEMENTARY INFORMATION: includes personal identifying
1. The entry of persons with dogs is SUMMARY: The Sex Offender Registration information (such as your name,
prohibited on public land in New and Notification Act (SORNA) address, etc.) voluntarily submitted by
Mexico Prime Meridian, T. 16 N., R. 5 establishes minimum national standards the commenter.
E., and T. 17 N., R 5 E., for sex offender registration and If you want to submit personal
2. This closure does not affect the notification. The Attorney General identifying information (such as your
ability of local, State, or Federal officials issued the National Guidelines for Sex name, address, etc.) as part of your
in the performance of their duties in the Offender Registration and Notification comment, but do not want it to be
area, including the use of K–9 units in (‘‘SORNA Guidelines’’ or ‘‘Guidelines’’) posted online, you must include the
the performance of their official duties. on July 2, 2008, to provide guidance and phrase ‘‘PERSONAL IDENTIFYING
3. This notice was posted at the assistance to jurisdictions in INFORMATION’’ in the first paragraph
entrance booth to the National implementing the SORNA standards in of your comment. You also must locate
Monument and at the trailhead kiosk. their sex offender registration and all the personal identifying information
The notice was also posted on the BLM– notification programs. These you do not want posted online in the
New Mexico Web site and on related supplemental guidelines augment or first paragraph of your comment and
New Mexico tourism/travel Web sites. modify certain features of the SORNA identify what information you want
4. The following persons are exempt Guidelines in order to make a change redacted.
from this closure order: required by the KIDS Act and to address If you want to submit confidential
a. Federal, State, or local law other issues arising in jurisdictions’ business information as part of your
enforcement officers, while acting implementation of the SORNA comment but do not want it to be posted
within the scope of their official duties; requirements. The matters addressed online, you must include the phrase
emcdonald on DSK2BSOYB1PROD with NOTICES
b. Any person in the operation of a include certain aspects of public Web ‘‘CONFIDENTIAL BUSINESS
valid livestock grazing permit for the site posting of sex offender information, INFORMATION’’ in the first paragraph
area in the conduct of activities interjurisdictional tracking and of your comment. You also must
addressed in the permit; and information sharing regarding sex prominently identify confidential
c. Any person using or training a offenders, the review process business information to be redacted
service dog for the visually impaired or concerning jurisdictions’ SORNA within the comment. If a comment has
other assisted needs, law enforcement, implementation, the classes of sex so much confidential business
and grazing related working dogs. offenders to be registered by information that it cannot be effectively
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27363
redacted, all or part of that comment these supplemental guidelines, which I. Public Notification
may not be posted on http:// do the following:
A. Juvenile Delinquents
www.regulations.gov. (1) Allow jurisdictions, in their
Personal identifying information and discretion, to exempt information SORNA includes as covered ‘‘sex
confidential business information concerning sex offenders required to offender[s]’’ juveniles at least 14 years
identified and located as set forth above register on the basis of juvenile old who are adjudicated delinquent for
will be placed in the agency’s public particularly serious sex offenses. See 42
delinquency adjudications from public
docket file, but not posted online. If you U.S.C. 16911(1), (8). While the SORNA
Web site posting.
wish to inspect the agency’s public Guidelines endeavored to facilitate
docket file in person by appointment, (2) Require jurisdictions to exempt jurisdictions’ compliance with this
please see the FOR FURTHER INFORMATION sex offenders’ e-mail addresses and aspect of SORNA, see 73 FR at 38030,
CONTACT paragraph. other Internet identifiers from public 38040–41, 38050, resistance by some
The reason the Department is Web site posting, pursuant to the KIDS jurisdictions to public disclosure of
requesting electronic comments before Act, 42 U.S.C. 16915a. information about sex offenders in this
Midnight Eastern Time on the day the (3) Require jurisdictions to have sex class has continued to be one of the
comment period closes is that the inter- offenders report international travel 21 largest impediments to SORNA
agency Regulations.gov/Federal Docket days in advance of such travel and to implementation.
Management System (FDMS), which submit information concerning such Hence, the Attorney General is
receives electronic comments, travel to the appropriate Federal exercising his authority under 42 U.S.C.
terminates the public’s ability to submit agencies and databases. 16918(c)(4) to create additional
comments at Midnight on the day the (4) Clarify the means to be utilized to discretionary exemptions from public
comment period closes. Commenters in ensure consistent interjurisdictional Web site disclosure to allow
time zones other than Eastern may want information sharing and tracking of sex jurisdictions to exempt from public Web
to take this fact into account so that offenders. site disclosure information concerning
their electronic comments can be sex offenders required to register on the
(5) Expand required registration basis of juvenile delinquency
received. The constraints imposed by
information to include the forms signed adjudications. This change creates a
the Regulations.gov/FDMS system do
by sex offenders acknowledging that new discretionary, not mandatory,
not apply to U.S. postal comments,
which will be considered as timely filed they were advised of their registration exemption from public Web site
if they are postmarked before Midnight obligations. disclosure. It does not limit the
on the day the comment period closes. (6) Provide additional information discretion of jurisdictions to include
concerning the review process for information concerning sex offenders
Overview determining that jurisdictions have required to register on the basis of
The Sex Offender Registration and substantially implemented the SORNA juvenile delinquency adjudications on
Notification Act, which is title I of the requirements in their programs and their public Web sites if they so wish.
Adam Walsh Child Protection and continue to comply with these The change regarding public Web site
Safety Act of 2006, Public Law 109–248, requirements. disclosure does not authorize treating
was enacted on July 27, 2006. SORNA (7) Afford jurisdictions greater sex offenders required to register on the
(46 U.S.C. 16901 et seq.) establishes latitude regarding the registration of sex basis of juvenile delinquency
minimum national standards for sex offenders who have fully exited the adjudications differently from sex
offender registration and notification in justice system but later reenter through offenders with adult convictions in
the jurisdictions to which it applies. a new (non-sex-offense) criminal other respects. Whether a case involves
‘‘Jurisdictions’’ in the relevant sense are conviction by providing that a juvenile delinquency adjudication in
the 50 states, the District of Columbia, jurisdictions may limit such registration the category covered by SORNA or an
the five principal U.S. territories, and to cases in which the new conviction is adult conviction, SORNA’s registration
Indian tribes that satisfy certain criteria. for a felony. requirements remain applicable, see 42
42 U.S.C. 16911(10). SORNA directs the U.S.C. 16913–16, as do the requirements
(8) Provide, for Indian tribes that are
Attorney General to issue guidelines to transmit or make available
newly recognized by the Federal
and regulations to interpret and registration information to the national
government following the enactment of
implement SORNA. See id. 16912(b). (non-public) databases of sex offender
SORNA, authorization and time frames
To this end, the Attorney General information, to law enforcement and
for such tribes to elect whether to
issued the National Guidelines for Sex supervision agencies, and to registration
become SORNA registration
Offender Registration and Notification, authorities in other jurisdictions, see 73
jurisdictions and to implement SORNA.
73 FR 38030, on July 2, 2008. The FR at 38060.
SORNA standards are administered by Proposed Supplemental Guidelines for Jurisdictions are not required to
the Office of Sex Offender Sentencing, Sex Offender Registration and provide registration information
Monitoring, Apprehending, Registering, Notification concerning sex offenders required to
and Tracking (‘‘SMART Office’’), which register on the basis of juvenile
Contents delinquency adjudications to the
assists all jurisdictions in their SORNA
implementation efforts and determines I. Public Notification entities described in the SORNA
whether jurisdictions have successfully A. Juvenile Delinquents Guidelines at 73 FR 38061, i.e., certain
emcdonald on DSK2BSOYB1PROD with NOTICES
completed these efforts. See 42 U.S.C. B. Internet Identifiers school, public housing, social service,
16945; 73 FR at 38044, 38047–48. II. Interjurisdictional Tracking and and volunteer entities, and other
Since the publication of the SORNA Information Sharing organizations, companies, or
A. International Travel
Guidelines, issues have arisen in B. Domestic Interjurisdictional Tracking
individuals who request notification.
SORNA implementation that require C. Acknowledgment Forms This reflects an exercise of the Attorney
that some aspects of the Guidelines be III. Ongoing Implementation Assurance General’s authority to create exceptions
augmented or modified. Consequently, IV. Retroactive Classes to required information disclosure
the Department of Justice is proposing V. Newly Recognized Tribes under 42 U.S.C. 16921(b). Accordingly,
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27364 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices
if a jurisdiction decides not to include with registration authorities in other on the development of a system for
information on a juvenile delinquent jurisdictions. See 73 FR at 38060. The consistently identifying and tracking sex
sex offender on its public Web site, as change also does not limit the discretion offenders who engage in international
is allowed by these supplemental of jurisdictions to include on their travel. Although, as noted, the current
guidelines, information on the sex public Web sites functions by which Guidelines require reporting of
offender does not have to be disclosed members of the public can ascertain international travel information in
to these entities. whether a specified e-mail address or certain circumstances, the existing
B. Internet Identifiers other Internet identifier is reported as requirements are not sufficient to
that of a registered sex offender, see id. provide the information needed for
The KIDS Act, which was enacted in at 38059–60, or to disclose Internet tracking such travel consistently.
2008, directed the Attorney General to identifier information to any one by
utilize pre-existing legal authorities means other than public Web site The authority under 42 U.S.C.
under SORNA to adopt certain measures posting. 16914(a)(7) to expand the range of
relating to sex offenders’ ‘‘Internet The exemption of sex offenders’ required registration information is
identifiers,’’ defined to mean e-mail Internet identifiers from public Web site accordingly exercised to provide that
addresses and other designations used disclosure does not override or limit the registrants must be required to inform
for self-identification or routing in requirement that sex offenders’ names, their residence jurisdictions of intended
Internet communication or posting. The including any aliases, be included in travel outside of the United States at
KIDS Act requires the Attorney General their public Web site postings. See 73 least 21 days in advance of such travel.
to (i) include appropriate Internet FR at 38059. A sex offender’s use of his Pursuant to 42 U.S.C. 16921(b),
identifier information in the registration name or an alias to identify himself or jurisdictions so informed must provide
information sex offenders are required for other purposes in Internet the international travel information to
to provide, (ii) specify the time and communications or postings does not the U.S. Marshals Service, and must
manner for keeping that information exempt the name or alias from public transmit or make available that
current, (iii) exempt such information Web site disclosure. information to national databases, law
from public Web site posting, and (iv) enforcement and supervision agencies,
ensure that procedures are in place to II. Interjurisdictional Tracking and
Information Sharing and other jurisdictions as provided in
notify sex offenders of resulting
the Guidelines. See 73 FR at 38060.
obligations. See 42 U.S.C. 16915a. A. International Travel
The SORNA Guidelines incorporate Jurisdictions need not disclose
requirements (i)–(ii) and (iv), as Certain features of SORNA and the international travel information to the
described above. See 73 FR at 38055 SORNA Guidelines require the entities described in the SORNA
(Internet identifiers to be included in Department of Justice, in conjunction Guidelines at 73 FR 38061ƒi.e., certain
registration information), 38066 with other Federal agencies, to develop school, public housing, social service,
(reporting of changes in Internet reliable means for identifying and and volunteer entities, and other
identifiers), 38063–65 (notifying sex tracking sex offenders who enter or organizations, companies, or
offenders of SORNA requirements). leave the United States. See 42 U.S.C. individuals who request notification.
However, while the Guidelines 16928; 73 FR at 38066–67. To that end, See 42 U.S.C. 16921(b). As the
discouraged the inclusion of sex the Guidelines provide that sex international tracking system continues
offenders’ Internet identifiers on the offenders must be required to inform to develop, the SMART Office may issue
public Web sites, they did not adopt a their residence jurisdictions if they additional directions to jurisdictions to
mandatory exclusion of this information intend to commence residence, provide notification concerning
from public Web site posting, which the employment, or school attendance international travel by sex offenders,
KIDS Act now requires. See 42 U.S.C. outside of the United States, and that such as notice to Interpol, or notice to
16915a(c); 73 FR at 38059–60. jurisdictions that are so informed must Department of Defense agencies
The authority under 42 U.S.C. notify the U.S. Marshals Service and concerning sex offenders who may live
16918(b)(4) to create additional update the sex offender’s registration on U.S. military bases abroad.
mandatory exemptions from public Web information in the national databases.
While notice of international travel
site disclosure is accordingly exercised See 73 FR at 38067. (Regarding the
general requirement to provide will generally be required as described
to exempt sex offenders’ Internet
identifiers from public Web site posting. registration information for inclusion in above, it is recognized that requiring 21
This means that jurisdictions cannot, the National Sex Offender Registry and days advance notice may occasionally
consistent with SORNA, include sex other appropriate databases at the be unnecessary or inappropriate. For
offenders’ Internet identifiers (such as e- national level, see 42 U.S.C. 16921(b)(1); example, a sex offender may need to
mail addresses) in the sex offenders’ 73 FR at 38060.) In addition, the travel abroad unexpectedly because of a
public Web site postings or otherwise Guidelines provide that sex offenders family or work emergency. Or separate
list or post sex offenders’ Internet must be required to inform their advance notice of intended international
identifiers on the public sex offender residence jurisdictions about lodging at trips may be unworkable and
Web sites. places away from their residences for pointlessly burdensome for a sex
This change does not limit seven days or more, regardless of offender who lives in a northern border
jurisdictions’ retention and use of sex whether that results from domestic or state and commutes to Canada for work
emcdonald on DSK2BSOYB1PROD with NOTICES
offenders’ Internet identifier international travel. See 73 FR at 38056, on a daily basis. Jurisdictions that wish
information for purposes other than 38066. to accommodate such situations should
public disclosure, including submission Since the issuance of the Guidelines, include information about their policies
of the information to the national (non- the SMART Office has continued to or practices in this area in their
public) databases of sex offender work with other agencies of the submissions to the SMART Office and
information, sharing of the information Department of Justice, the Department the SMART Office will determine
with law enforcement and supervision of Homeland Security, the Department whether they adequately serve SORNA’s
agencies, and sharing of the information of State, and the Department of Defense international tracking objectives.
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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27365
B. Domestic Interjurisdictional Tracking SORNA’s requirements, see 42 U.S.C. 16917, 16918, 16921(b), 16922; 73 FR at
SORNA and the SORNA Guidelines 16913(e), and Federal criminal liability 38059–61, 38063–70. The Department of
require interjurisdictional sharing of is authorized for sex offenders who Justice and the SMART Office are
registration information in various knowingly fail to register or update a making available to jurisdictions a wide
contexts and SORNA directs the registration as required by SORNA range of practical aids to SORNA
Attorney General, in consultation with under circumstances supporting Federal implementation, including software and
the jurisdictions, to develop and jurisdiction, see 18 U.S.C. 2250. communication systems to facilitate the
Successful prosecution of sex offenders exchange of sex offender information
support software facilitating the
for registration violations under these among jurisdictions and other
immediate exchange of information
provisions may require proof that they technology and documentary tools. See
among jurisdictions. See 42 U.S.C.
were aware of a requirement to register. 42 U.S.C. 16923; 73 FR at 38031–32,
16913(c), 16919(b), 16921(b)(3), 16923; The acknowledgment forms signed by 38047.
73 FR at 38047, 38062–68. The SMART sex offenders regarding their registration Hence, implementation of SORNA is
Office accordingly has created and obligations are likely to be the most not just a matter of adopting laws or
maintains the SORNA Exchange Portal, consistently available and definitive rules that facially direct the
which enables the immediate exchange proof of such knowledge. Including performance of the measures required
of information about registered sex these forms in registration information by SORNA. It entails actually carrying
offenders among the jurisdictions. will make them readily available in the out those measures and, as noted,
Regular use of this tool is essential to jurisdictions in which sex offenders are various forms of guidance and
ensuring that information is reliably initially registered, and will make them assistance have been provided to that
shared among jurisdictions and that available to other jurisdictions pursuant end. Accordingly, in reviewing
interjurisdictional tracking of sex to the provisions of SORNA and the jurisdictions’ requests for approval as
offenders occurs consistently and Guidelines for transmission of having substantially implemented
effectively as SORNA contemplates. For registration information to other SORNA, the SMART Office will not be
example, if a jurisdiction sends notice jurisdictions. See 42 U.S.C. 16921(b)(3); limited to facial examination of
that a sex offender has reported an 73 FR at 38060. registration laws and policies, but rather
intention to change his residence to The authority under 42 U.S.C. will undertake such inquiry as is
another jurisdiction, but the destination 16914(b)(8) to expand the range of needed to ensure that jurisdictions are
jurisdiction fails to access the notice required registration information is substantially implementing SORNA’s
promptly, the sex offender’s failure to accordingly exercised to require that sex requirements in practice. Jurisdictions
appear or register in the destination offenders’ signed acknowledgment can facilitate approval of their systems
jurisdiction may go unnoticed or forms be included in their registration by including in their submissions to the
detection of the violation may be information. The existing Guidelines SMART Office information concerning
delayed. Accordingly, to be approved as already provide that acknowledgment practical implementation measures and
having substantially implemented forms covering the SORNA mechanisms, in addition to relevant
SORNA, jurisdictions must, at a requirements are to be obtained from laws and rules, such as policy and
minimum, have a policy of regularly registrants as part of the SORNA procedure manuals, description of
accessing the SORNA Exchange Portal implementation process and thereafter. infrastructure and technology resources,
to receive messages from other See 73 FR at 38063–65. As with other and information about personnel and
jurisdictions. forms of documentary registration budgetary measures relating to the
Technological improvements may information, the inclusion of these operation of the jurisdiction’s
facilitate the creation of new tools that forms in registration information can be registration and notification system. The
may eventually replace the existing effected by scanning the forms and SMART Office may require jurisdictions
SORNA Exchange Portal. If that occurs, including the resulting electronic to provide additional information,
the SMART Office may issue directions documents in the registry databases or beyond that proffered in their
to jurisdictions concerning the use of by including links or information that submissions, as needed for a
these new tools that jurisdictions will provides access to other databases in determination.
need to follow to be approved as which the signed acknowledgments are Jurisdictions that have substantially
substantially implementing SORNA. available in electronic form. See 73 FR implemented SORNA have a continuing
at 38055. obligation to maintain their system’s
C. Acknowledgment Forms
consistency with current SORNA
SORNA provides that sex offenders III. Ongoing Implementation Assurance standards. Those that are grantees under
are to be informed of their registration The SORNA Guidelines explain that the Byrne Justice Assistance Grant
obligations and required to sign the SMART Office will determine program will be required in connection
acknowledgments that this information whether jurisdictions have substantially with the annual grant application
has been provided upon their initial implemented the SORNA requirements process to establish that their systems
registration. See 42 U.S.C. 16917. Even in their programs and that jurisdictions continue to meet SORNA standards.
before the enactment of SORNA, similar are to provide submissions to the This will entail providing information
requirements were included in the SMART Office to facilitate this as directed by the SMART Office, in
predecessor national standards for sex determination. See 42 U.S.C. 16924–25; addition to the information otherwise
offender registration and notification of 73 FR at 38047–48. included in Byrne Grant applications, so
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the Jacob Wetterling Crimes Against SORNA itself and the Guidelines that the SMART Office can verify
Children and Sexually Violent Offender assume throughout that jurisdictions continuing implementation.
Registration Act (42 U.S.C. must implement SORNA in practice, not Jurisdictions that do not apply for Byrne
14071(b)(1)(A), prior to its repeal by just on paper, and the Guidelines Grants will also be required to
SORNA). provide many directions and demonstrate periodically that their
SORNA requires jurisdictions to suggestions for putting the SORNA systems continue to meet SORNA
provide criminal penalties for sex standards into effect. See, e.g., 42 U.S.C. standards as directed by the SMART
offenders who fail to comply with 16911(9), 16912(a), 16913(c), 16914(b), Office, and to provide such information
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27366 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices
as the SMART Office may require to should not entail an onerous new Alton R.R. Co. v. Tranbarger, 238 U.S.
make this determination. burden on jurisdictions. 67, 73–74 (1915); see also Taylor v.
If a jurisdiction’s Byrne Justice These supplemental guidelines Horn, 504 F.3d 416, 426 (3d Cir. 2007)
Assistance Grant funding is reduced accordingly are modifying the (running statutory time limit from later
because of non-implementation of requirements for substantial point where normal starting point was
SORNA, it may regain eligibility for full implementation of SORNA in relation to already past).
funding in later program years by sex offenders who have fully exited the This principle will be applied to 42
substantially implementing SORNA in justice system, i.e., those who are no U.S.C. 16927 to allow Indian tribes that
such later years. The SMART Office will longer prisoners, supervisees, or receive Federal recognition following
continue to work with all jurisdictions registrants. It will be sufficient if a the enactment of SORNA a reasonable
to ensure substantial implementation of jurisdiction registers such offenders amount of time to elect whether to
SORNA and verify that they continue to who reenter the system through a become SORNA registration
meet the requirements of SORNA on an subsequent criminal conviction in cases jurisdictions as provided in that section,
ongoing basis. in which the subsequent criminal and to allow such tribes a reasonable
conviction is for a felony, i.e., for an amount of time for substantial
IV. Retroactive Classes
offense for which the statutory implementation of SORNA if they elect
SORNA’s requirements apply to all maximum penalty exceeds a year of to be SORNA registration jurisdictions.
sex offenders, regardless of when they imprisonment. This allowance is In assessing what constitutes a
were convicted. See 28 CFR 72.3. limited to cases in which the reasonable amount of time for these
However, the SORNA Guidelines state subsequent conviction is for a non-sex purposes, the Department of Justice will
that it will be deemed sufficient for offense. As noted above, a later look to the amount of time SORNA
substantial implementation if conviction for a sex offense generally affords for tribal elections and
jurisdictions register sex offenders with independently requires registration for jurisdictions’ implementation of the
pre-SORNA or pre-SORNA- under SORNA, regardless of whether it SORNA requirements. Hence, a tribe
implementation sex offense convictions is a felony or a misdemeanor. receiving Federal recognition after
who remain in the system as prisoners, This allowance only establishes the SORNA’s enactment that otherwise
supervisees, or registrants, or who minimum required for substantial qualifies to make the election under
reenter the system through a subsequent implementation of SORNA in this § 16927(a) will be afforded a period of
criminal conviction. See 73 FR at context. Jurisdictions remain free to one year to make the election, running
38035–36, 38043, 38046–47, 38063–64. look more broadly and to establish from the date of the tribe’s recognition
This feature of the Guidelines reflects an systems to identify and register sex or the date of publication of these
assumption that it may not be possible offenders who reenter the justice system supplemental guidelines, whichever is
for jurisdictions to identify and register through misdemeanor convictions, or later. Likewise, such a tribe will be
all sex offenders who fall within the even those who do not reenter the afforded a period of three years for
SORNA registration categories, system through later criminal SORNA implementation, running from
particularly where they have left the convictions but fall within the the same starting point, subject to up to
justice system and merged into the registration categories of SORNA or the two possible one-year extensions. See
general population long ago, but that it jurisdiction’s registration law. 42 U.S.C. 16924.
will be feasible for jurisdictions to do so
in relation to sex offenders who remain V. Newly Recognized Tribes Dated: May 11, 2010.
in the justice system or reenter it SORNA affords eligible federally- Eric H. Holder, Jr.,
through a subsequent criminal recognized Indian tribes a one-year Attorney General.
conviction. See 73 FR at 38046. period, running from the date of [FR Doc. 2010–11665 Filed 5–12–10; 11:15 am]
Experience supports a qualification of SORNA’s enactment on July 27, 2006, to BILLING CODE 4410–18–P
this assumption in relation to sex elect whether to become SORNA
offenders who have fully exited the registration jurisdictions or to delegate
justice system but later reenter it their registration functions to the states DEPARTMENT OF LABOR
through a subsequent criminal within which they are located. See 42
conviction for a non-sex offense that is U.S.C. 16927(a)(1), (2)(B); 73 FR at Office of Labor-Management
relatively minor in character. (Where 38049–50. In principle there is no Standards
the subsequent conviction is for a sex reason why an Indian tribe that initially
offense it independently requires receives recognition by the Federal OLMS Listens: Office of Labor-
registration under SORNA.) In many government following the enactment of Management Standards Stakeholder
jurisdictions the volume of SORNA should be treated differently for Meeting
misdemeanor prosecutions is large and SORNA purposes from other federally AGENCY: Office of Labor-Management
most such cases may need to be recognized tribes. But if such a tribe is Standards, Department of Labor.
disposed of in a manner that leaves little initially recognized more than a year ACTION: Notice of Public Meeting.
time or opportunity for examining the after the enactment of SORNA, then the
defendant’s criminal history and limitation period of § 16927 will have SUMMARY: The United States Department
ascertaining whether it contains some passed before the tribe became the kind of Labor (DOL), Office of Labor-
past sex offense conviction that would of entity (a federally recognized tribe) Management Standards (OLMS) hereby
emcdonald on DSK2BSOYB1PROD with NOTICES
entail a present registration requirement that may be eligible to become a SORNA provides notice of a public meeting on
under SORNA. In contrast, where the registration jurisdiction. a proposed change to OLMS’s
subsequent offense is a serious crime, Where the normal starting point of a regulations regarding reporting
ordinary practice is likely to involve statutory time limit for taking an action requirements for employers and
closer scrutiny of the defendant’s past cannot sensibly be applied to a certain consultants pursuant to section 203 of
criminal conduct, and ascertaining entity, the statute may be construed to the Labor-Management Reporting and
whether it includes a prior conviction allow the entity a reasonable amount of Disclosure Act (LMRDA), specifically
requiring registration under SORNA time to take the action. See Chicago & with regard to the scope of the ‘‘advice
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