Thread:

Attorney General Barr released a 24 page memo about new suggested Federal regulations regarding compliance with federal SORNA aka sex offender registration.

I would like to use it to explain how insane, regardless of what you think of registries, these requirements are

1. Most sex crimes occur in states, most people are sentenced for sex offenses in states. People convicted are responsible for a LONG list of state requirements...In addition, even though there is no federal registry, we are theoretically responsible for federal compliance too

In other words, if someone is sentenced in a state and gets off the registry in that state for a crime committed in that state, they might still be responsible for registration FEDERALLY

This is from the AG memo

In fact, what AG Barr seems to be suggesting is that states - outside of legislative action - choose to notify and enforce federal SORNA even when the state laws do not codify the SORNA requirements

In fact, imagine someone legally graduated from the state registry and had no legal obligation to register...if years later, the state decides to adopt or notify registrants of a change to complying with SORNA...I am pretty sure that person would have to register again

This is not theoretical, when I was sentenced I was sentenced on a 20 year registry...after passage of the AWA I was graduated to LIFETIME....in my state that has been found unconstitutional, but now, as a result of a case called Willman and this guidance, I could be lifetime

there is NO EVIDENCE suggesting 10 years, 25 years, or lifetime registration is appropriate for protecting public safety...quite the opposite, there is no evidence registries work, NONE, ZERO, and hundreds if not thousands of long-term studies suggesting they = counterproductive

2. Confusion is rampant, a registrant is LEGALLY responsible for understanding state registration law, other states registration laws (if you visit), and federal registration laws

Here is an example of how complicated that is, even for a US AG to explain

The costs of non-compliance are high, at the state level "failure to register" can be a mandatory four year felony...and now, according to this, in addition, the federal government could also charge you with an up to ten year felony (for compliance with a dense thicket of laws)

And let me take this opportunity to also mention that there is NO evidence "failure to register" violations are connected to new crimes....and a large body of research that suggests that "failure to register" violations have nothing to do with new sex crimes (can post if asked)

But over 900,000 people in the United States are responsible for understanding this incredibly complex set of requirements with hundreds of permutations and incredible consequences.

A set of regulations so complicated the AG took 24 pages just to explain this months regulations

3. Our legislators gave MASSIVE discretion to the Attorney General over the lives of people on the registry. It is INSANE how much discretion was delegated to the AG

Example A

Example B

4. Part of the new requirements being proposed here include very intrusive new mandates about providing information for international travel.

I find these rules particularly onerous b/c our own government is involved in helping make it more dangerous for us to travel abroad

I do not believe our government should ever be involved in working against its own citizens safety under the assumption of inherent criminality.

This is minority report politics and erodes or erases most of the benefits of citizenship

In conclusion, our laws should make it EASY for people to be law abiding citizens...they should be easy to understand and comply with.

We have created an impenetrable thicket of laws, state, federal, and local (different prosecutors and sheriffs enforce the regs differently)

Most of these laws were created in the middle of a sex panic, have NO evidentiary basis, and become increasingly hard to comply with on an annual basis.

They will stand as a testament to the dangers of passing laws during panics and are enforced daily

FIN