Sex Offender Registration Rules and Regulations

Section 72.2 states that the terms used in Part 72 have the same meaning as in the SORNA. For example, references in the “jurisdictions” section of registration refer to the 50 states, the District of Columbia, the five major U.S. territories, and Native American tribes that qualify under 34 U.S.C. 20929. See id. 20911(10); 73 FR at 38045, 38048. Similarly, if the party uses terms such as sex offender (and their levels), sexual offence, conviction or conviction, sex offender registry, student, employee or employment, and residence or residence, the meaning is the same as in SORNA. See 34 U.S.C. 20911(1)-(9), (11)-(13); 73 FR at 38050-57, 38061-62. Some comments objected to the application of SORNA requirements to sex offenders whose offences or convictions predate SORNA, as set out in section 72.3 of this rule.

Section 72.3 is necessary to implement Congress` intent that SORNA apply to all sex offenders, regardless of when they were convicted. See Reynolds v. United States, 565 U.S. 432, 442-45 (2012); id. at 448-49 & n. (Scalia, J., different) (agreeing that Congress wanted SORNA to apply to all sex offenders); Gundy v. United States, 139 p. Ct. 2116, 2123-30 (2019) (majority opinion).

The analysis in the section below provides further explanations of the provisions and explanatory memorandum of § 72.3. (vii) With respect to section 72.6(c)(3), which deals with employment information, the notice proposes to define the place of employment. Section 72.6(c)(3) is sufficiently clear and requires the name and address of each place where a sex offender is or will be an employee or, for sex offenders who are or will be employed but do not have a fixed place of work, other information describing where the sex offender works or will work, with what certainty is possible in the circumstances. With respect to the workplace, the wording of section 72.6(c)(3) continues the legal requirement for sex offenders to provide “the name and address of a place where the sex offender is or will be an employee,” 34 U.S.C. 20914(a)(4). Section 72.7(a)(2)(i) deals with the situation of sex offenders who are released from federal or military detention or convicted of a federal or service sex offence. There is no separate federal registration program for these offenders. As a result, federal authorities cannot register these offenders prior to release or shortly before sentencing. This is in contrast to SORNA registration jurisdictions—the states, the District of Columbia, the five major U.S. territories, and qualified Native American tribes—that can register their sex offenders before release or shortly before sentencing, as provided for in 34 U.S.C.

20913(b), 20919(a). Instead, SORNA has issued specific provisions requiring federal law enforcement and regulatory authorities to (i) notify federal offenders (including military offenders convicted of sexual offences) that they must register as required by SORNA, and (ii) notify the (non-federal) jurisdictions in which sex offenders will reside after release or conviction. so that these jurisdictions include sex offenders in their registration programs. See 18 U.S.C. 4042(c); Public Law 105-119, § 115(a)(8)(C), as amended by public law. 109-248, § 141(i) (10 U.S.C. 951 footnote); FR 73 to 38064; see also 18 U.S.C. 3563(a)(8); ID.

3583 (d) (third sentence); id. 4209(a) (second sentence) (mandatory federal oversight requirement for compliance with SERNA); 34 U.S.C 20931 (requires the Secretary of Defense to provide information about military sex offenders to the Attorney General for inclusion in the National Sex Offender Registry and the National Public Sex Offender Website). Section 72.7(a)(1) follows the general SORNA rule that a sex offender must first register – that is, register for the first time on the basis of a conviction for a sexual offence – before release or within three working days of conviction in the case of a non-custodial sentence. See 34 U.S.C. 20913(b) (initial registration by sex offenders); ID. 20919(a) (additional functions of registrars); 73 FR at 38062-65 (to be explained in the guidelines). Section 72.6(b) requires a sex offender to provide all distance communication identifiers used in Internet or telephone communications or postings, including email addresses and telephone numbers. A provision of the Keeping the Internet Free of Sexual Predators Act of 2008 (KIDS Act), Public Law 110-400, directed the Attorney General to use the power conferred by Section 7 of Section 34 U.S.C. 20914(a) (now known as Section 8)] to require sex offenders to provide Internet identifiers. The Attorney General has already used this power to request the information set out in the ORSR guidelines.

See 34 U.S.C. 20916(a); FR 73 to 38055; 76 EN c. 1637. The Attorney General has exercised the same power to require telephone numbers – a requirement already included in the SORNA guidelines – for a number of reasons, including to facilitate communication between registrants and sex offenders and the possible use of telephone communications by sex offenders to contact or attract potential victims. See 73 FR at 38055. (vi) The commentary suggested deleting article 72.6 (c) (2), which refers to information on temporary accommodation, or indicating that such information is not part of the public register and cannot be disseminated by third-party websites without penalty. The analysis of each section below explains the rationale for requesting information about temporary accommodation. Conditions for the disclosure of sex offender information by registration jurisdictions, including temporary placement information, fall outside the scope of these regulations, which address the registration requirements for sex offenders under SORNA. The ORRS guidelines separately address the disclosure of sex offender information by registration authorities and do not require registration authorities to disclose information about the temporary placement of sex offenders on sex offenders` public websites. See 73 FR, 38059.

The Attorney General does not have the authority to create sanctions for third-party websites that disclose information about the temporary placement of sex offenders. The Department of Justice enacts a rule that sets out registration requirements under the Sex Offender Registration and Notification Act (“SORNA”). The rule reflects in part the explicit requirements of SORNA and partly reflects the exercise of the powers that SORNA grants to the Attorney General to interpret and implement SORNA requirements. SORNA requirements have already been outlined in the Attorney General`s Guidelines for the Implementation of SORNA Requirements by Registration Authorities. (2) Proposed Guidelines, published in 72 FR 30210 (30 May 2007), the general objective of which was to provide guidance and assistance to registration jurisdictions in the implementation of SORNA standards in their sex offender registration and notification programmes. The proposed guidelines solicited public comment and the comment period closed on 1. August 2007. One comment suggested encouraging registration authorities to harmonize their registration requirements with the RROSN to ensure consistency across jurisdictions.

Jurisdictions are encouraged to align their registration requirements with SORNA`s national minimum standards through the 34 U.S.C. 20927 funding incentive and the comprehensive guidance and support provided by the Department of Justice for SORNA implementation through the SMART Office. See 76 EN v. 1638. As stated in Article 72.1 of this rule, the adoption of more extensive or stricter requirements is left to the discretion of the registration courts. The issue is explained in the analysis of each section below and in the SORNA guidelines, see 73 FR at 38032-35, 38046. Recommendations for jurisdictional action that are not required by SORNA are beyond the scope of these regulations, which set out SORNA`s registration requirements for sex offenders. With respect specifically to cases in which a sex offender is serving a full prison sentence for multiple crimes, 34 U.S.C. 20913(b)(1) requires registration “prior to serving a custodial sentence for the offense establishing the registration requirement.” (emphasis added). It does not require registration “before serving a custodial sentence for the offence giving rise to the registration obligation”. The broader phrase “in relation to” is better understood to mean that the relevant custodial sentence under section 20913(b)(1) is not the specific penalty imposed solely for the predicate sexual offence, but the associated full custodial sentence, including all prison sentences imposed for other crimes.