sorna implementation in the tribes and states

1. 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

3. 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 state-level a sex offender registration program. 1996: Megan's Law amendment

4. 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.

5. 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

6. 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

7. 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

8. How SORNA Works

9. Implementation Timeline July 27, 2009: original SORNA substantial compliance deadline. July 26, 2010: New SORNA deadline for all jurisdictions (AG Order, 5/26/09)

10. 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]

11. 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

12. 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

13. 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

14. SORNA�s Minimum Standards

15. 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

16. 42 USC 16911 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

17. Duration of Requirement � 16915. �Duration of registration requirement

18. In Person Verification � 16916. �Periodic in person verification

19. 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

20. Implementation Status

21. 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

22. 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.

23. 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

24. Obstacles to Implementation Juvenile Registration Limited Class, Element-Only Retroactive Application Statute Silent, 28 CFR 72.3, Guidelines Definition of �Substantial Implementation� Exceptions where an alternative �would not frustrate the intent of the requirement�

25. 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

26. The SMART Office Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking U.S. Department of Justice Office of Justice Programs

27. 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 Annual Symposium May, 2010 (Portland, Oregon) (Tentative) Technical Assistance: getSMART@usdoj.gov

28. 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

29. Ongoing SMART Projects International Working Group Coordination with the Department of Defense Federal Enclave enforcement questions

30. Contact Us Any Time! SMART Office U.S. Department of Justice/OJP 202-514-4689 getsmart@usdoj.gov