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)