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  1. #1
    Join Date
    Jan 2011
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    5

    Question Retroactively Applied Sorna Beginning January 28, 2011

    If your state,( Alaska), ruled that the Retroactive application of the sex offender registry is a violation of the State Constitution, and made their registry only list those whos conviction post dated their registry laws... how does the new SORNA, federal law which goes into effect January 28, 2011.. effect those registrants in that state who are NOT required to register under State Law?


    The new guidelines...

    Applicability of the Sex Offender Registration and Notification Act

    The new SORNA is made retroactive. You will see that highlighted if you scroll down.

    EXCERPT FROM SORNA:

    The Sex Offender Notification/Registration Act S.O.R.N.A. has been applied retroactively now. Read the information as outlined below.--Amanda King
    Many of the commenters on the interim rule assumed that the Attorney General made a discretionary decision to apply SORNA to sex offenders with pre-SORNA convictions and argued in effect that the Attorney General should reverse the decision based on their policy objections. The Department of Justice does not agree that the criticisms raised in these comments are well-founded.
    By authorizing the Attorney General "to specify the applicability of the requirements of [SORNA] to sex offenders convicted before the enactment of [SORNA]," 42 U.S.C. 16913(d), Congress at the very least placed it within the Attorney General's discretion to apply SORNA's requirements to sex offenders with pre-SORNA convictions if he determines (as he has) that the public benefits of doing so outweigh any adverse effects.
    The preamble to the interim rule, 72 FR at 8895-97, and the remainder of this summary, explain the considerations justifying the Attorney General's conclusion on this point. Accordingly, the Attorney General's issuance and finalization of the interim rule have a sound legal basis, regardless of whether (i) SORNA's requirements apply of their own force to sex offenders with pre-SORNA convictions, and the interim rule merely confirmed that fact, or (ii) the applicability of SORNA's requirements to sex offenders with pre-SORNA convictions depends on rulemaking by the Attorney General.

    SORNA's Effects on Jurisdictions
    The scope of SORNA's application to sex offenders has implications for jurisdictions because the states and other covered jurisdictions are generally expected to incorporate offenders to whom SORNA applies into their sex offender registration programs. See 42 U.S.C. 16911(9), 16912(a), 16924-25; 72 FR at 8895; 73 FR at 38048. In light of this consequence, some of the public comments on the interim rule objected that jurisdictions would have difficulty in identifying, locating, notifying, and registering sex offenders required to register under SORNA who were convicted many years ago and who have since merged into the general population. These concerns about potential burdens on jurisdictions, however, were considered in the development of the SORNA Guidelines and are addressed through various features of the Guidelines.

    The Guidelines recognize that it may not be feasible for a jurisdiction to identify and register all sex offenders with pre-SORNA convictions who are required to register under the SORNA standards. The Guidelines accordingly provide that jurisdictions will be considered to have substantially implemented the SORNA requirements if they register such offenders who remain in the justice system as prisoners, supervisees, or registrants, and such offenders who have passed out of the system but later re-enter it because of a subsequent criminal conviction. See 73 FR at 38046, 38063-64.

    (Does this mean if a person lives in a state that does not require registration due to the ex-post facto violation of retroactively applying SORNA, and are not in jail, prison, on probation or parole, or have not committed any more crimes.. DO NOT HAVE TO REGISTER as per this newly implemented SORNA? Amanda King)

  2. #2
    Join Date
    Sep 2010
    Posts
    19,604

    Default Re: Retroactively Applied Sorna Beginning January 28, 2011

    Listen Amanda, or Dave or whatever identity you're adopting this week. Stop beating this to death.
    As we've already told you, SORNA mandates the states to comply with the national registry requirement.
    The carrot for the state to do so is that they will lose some of the federal crime fighting funds.
    However, there is a exception for states that do a good faith effort but are barred by state constitutionality restrictions.

    SORNA doesn't force anything on you. If the state choses to adopt the SORNA guidelines, and you feel that is in violation of the state constitutionality then you have an avenue in the state court. There appears to be no FEDERAL cause for action here and the FEDERAL courts have rued SORNA does not violate their view of ex post facto.

  3. #3
    Join Date
    Jan 2011
    Posts
    5

    Default Re: Retroactively Applied Sorna Beginning January 28, 2011

    Quote Quoting flyingron
    View Post
    Listen Amanda, or Dave or whatever identity you're adopting this week. Stop beating this to death.
    As we've already told you, SORNA mandates the states to comply with the national registry requirement.
    The carrot for the state to do so is that they will lose some of the federal crime fighting funds.
    However, there is a exception for states that do a good faith effort but are barred by state constitutionality restrictions.

    SORNA doesn't force anything on you. If the state choses to adopt the SORNA guidelines, and you feel that is in violation of the state constitutionality then you have an avenue in the state court. There appears to be no FEDERAL cause for action here and the FEDERAL courts have rued SORNA does not violate their view of ex post facto.
    You know, this is very rude. This is my very first time ever to be here. I am sure your administrator could verify my ip address and verify what I say.
    I will tell you this, I have posted this on my website, and nobody commented.. somebody told me to come post here.

    I have no idea who YOU are, but you are very rude.
    I think you should apologize to say the least.

    What the hell is this? Listen Amanda, or Dave or whatever identity you're adopting this week
    Is this how you treat your members? Bashing them and treating them like criminals?

    I see that you are a senior member. That would mean you are not new to this board. Do you think possibly you might be a little nicer to NEW members?

    We all do stupid things, I hope you are man or woman enough to admit your mistake and do the right thing.
    Thank you.

    Quote Quoting flyingron
    View Post
    Listen Amanda, or Dave or whatever identity you're adopting this week. Stop beating this to death.
    As we've already told you, SORNA mandates the states to comply with the national registry requirement.
    The carrot for the state to do so is that they will lose some of the federal crime fighting funds.
    However, there is a exception for states that do a good faith effort but are barred by state constitutionality restrictions.

    SORNA doesn't force anything on you. If the state choses to adopt the SORNA guidelines, and you feel that is in violation of the state constitutionality then you have an avenue in the state court. There appears to be no FEDERAL cause for action here and the FEDERAL courts have rued SORNA does not violate their view of ex post facto.
    If someone else, copied and pasted this same question from my website, then I had no idea... I get millions of visitors, possibly someone has had the idea to come to your forum and ask it for me?

    The question is posted on this site LINK

  4. #4
    Join Date
    Sep 2010
    Posts
    19,604

    Default Re: Retroactively Applied Sorna Beginning January 28, 2011

    If you aren't the one who keeps creating new accounts to barage this board with gripes about SONRA, I apologize, but your tirade against another volunteer participant is totally unwarranted. I don't get any more compensation for being a senior member than you do (actually less, because I'm not mining for content for some other website I own).

    Yes, someone with another newly enrolled account posted the message from your site VERBATIM without attirbution.

  5. #5
    Join Date
    Jan 2011
    Posts
    5

    Default Re: Retroactively Applied Sorna Beginning January 28, 2011

    Quote Quoting flyingron
    View Post
    If you aren't the one who keeps creating new accounts to barage this board with gripes about SONRA, I apologize, but your tirade against another volunteer participant is totally unwarranted. I don't get any more compensation for being a senior member than you do (actually less, because I'm not mining for content for some other website I own).

    Yes, someone with another newly enrolled account posted the message from your site VERBATIM without attirbution.
    I am totally law abiding.. I would NEVER be rude, or spam.. or anything else.
    My very first post on this board and I got yelled at.

    I accept your apology, I screw up too. We all do.
    If I post anything here, it will be seeking info, possibly it will be questions that visitors to our site have asked.
    Thank you for your help, your answer...
    I hope who ever is spamming you, bothering you quits.
    You should not see me here very often.. but every now and then.

    Also, you said,
    If you aren't the one who keeps creating new accounts to barage this board with gripes about SONR

    The administrators can ban people by their ip address. May be you could have this person tracked and banned by his or her i.p. address.

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