EFTA01119335.pdf

.1:"*.....a:::i 1630 Federal Register/Vol. 76, No. 7/Tuesday, January 11, 2011 /Notices FOR FURTHER INFORMATION CONTACT: Access: This meeting will be open to should be made as soon as possible. Catherine Poston, Attorney Advisor, the pubic but registration on a space Persons unable to obtain reservations to Office on Violence Against Women, available basis and for security reasons speak during the meeting are United States Department of Justice, 145 is required. All members of the public encouraged to submit written N Street, NE., Suite 10W 121, who wish to attend must register at least comments, which will be accepted at Washington, DC 20530; by telephone at: six (6) days in advance of the meeting the meeting location or may be mailed (202) 514—5430; e-mail: by contacting Catherine Poston, to the NAC, to the attention of Catherine Catherine.postoneusdoj.gov: or fax: Attorney Advisor, Office on Violence Poston, Attorney Advisor, Office on (202) 305-2589. You may also view Against Women, United States Violence Against Women, United States information about the NAC on the Department of Justice, 145 N Street, NE., Department of Justice, 145 N Street, NE., Office on Violence Against Women Web Suite 10W 121, Washington, DC 20530; Suite 10W 121, Washington, DC 20530; site at: http://vvsviv.ovitusdolgov. by telephone at: (202) 514-5430; e-mail: by telephone at: (202) 514-5430; e-mail: SUPPLEMENTARY MFORMATION: Notice of Catherine.postoneusdoj.gov: or fax: Catherine.postoneusdolgov: or fax: this meeting is required under section (202) 305-2589. All attendees will be (202) 305-2589. 10(a)(2) of the Federal Advisory required to sign in at the Department of Dated: January 5.2010. Committee Act. The National Advisory Justice security entrance and at the meeting registration desk. Please bring Susan B. Carbon, Committee on Violence Against Women Director. Office on Violence Against Women. (NAC) was re-chartered on March 3, photo identification and allow extra time prior to the start of the meeting. IFR Dec. 2011-365 Filed 1-10-11: 8:45 anti 2010 by the Attorney General. The purpose of this Federal advisory The meeting site is accessible to BILLING CODE 4410-FX-P individuals with disabilities. committee is to provide advice and recommendations to the Department of Individuals who require special accommodation in order to attend the DEPARTMENT OF JUSTICE Justice and the Department of Health meeting should notify Catherine Poston and Human Services on how to improve no later than January 21,2011. Office of the Attorney General the Nation's response to violence Written Comments: Interested parties against women, with a specific focus on [Docket No. OAG 134; AG Order No. 3241- are invited to submit written comments 2011) successful interventions with children by January 21,2011 to Catherine Poston. and teens who witness and/or are Attorney Advisor, Office on Violence RIN 1105-AB36 victimized by domestic violence, dating Against Women, United States violence, and sexual assault. The NAC Department of Justice, 145 N Street, NE.. Supplemental Guidelines for Sex will bring together experts, advocates, Suite lOW 121, Washington, DC 20530; Offender Registration and Notification researchers, and criminal justice by telephone at: (202) 514-5430; professionals for the exchange of e-mail: Catherine.postoneusdoj.gov; or AGENCY: Department of Just r. innovative ideas and the development fax: (202) 305-2589. ACnOti: Final guidelines. of practical solutions to help the Federal Public Comment: Persons interested government address and prevent these in participating during the public SUMMARY: The Sex Offender Registration serious problems. This Federal advisory comment periods of the meeting are and Notification Act (SORNA), committee will develop requested to reserve time on the agenda establishes minimum national standards recommendations for successful by contacting Catherine Poston, for sex offender registration and interventions with children and teens Attorney Advisor, Office on Violence notification. The Attorney General who witness and/or are victimized by Against Women, United States issued the National Guidelines for Sex domestic violence, dating violence, and Department of Justice, 145 N Street, NE., Offender Registration and Notification sexual assault. The NAC members will Suite 10W 121, Washington, DC 20530; ("SORNA Guidelines" or "Guidelines") also examine the relationship between by telephone at: (202) 514-5430; on July 2,2008, to provide guidance and children and teens who are witnesses to e-mail: Catherine.postoneusdoj.gov; or assistance to jurisdictions in or victims of such violence and the fax: (202) 305-2589. Requests must implementing the SORNA standards in overall public safety of communities include the participant's name, their sex offender registration and across the country. organization represented, if appropriate, notification programs. These This is the first meeting of the NAC and a brief description of the subject of supplemental guidelines augment or and will include an introduction of the comments. Each participant will be modify certain features of the SORNA Federal advisory committee members. permitted approximately 3 to 5 minutes Guidelines in order to make a change presentations by Department of Justice to present comments, depending on the required by the KIDS Act and to address staff on Federal efforts to address these number of individuals reserving time on other issues arising in jurisdictions' problems, and a discussion of the goals the agenda. Participants are also implementation of the SORNA for the NAC. The Director of the Office encouraged to submit written copies of requirements. The matters addressed on Violence Against Women, the their comments. Comments that are include certain aspects of public Web Honorable Susan B. Carbon, serves as submitted to Catherine Poston, Attorney site posting of sex offender information, the Designated Federal Official of the Advisor, Office on Violence Against interjurisdictional tracking and NAC. Women, United States Department of information sharing regarding sex The NAC is also welcoming public Justice, 145 N Street, NE., Suite 10W offenders, the review process oral comment at this meeting and has 121, Washington, DC 20530; by concerning jurisdictions' SORNA reserved an estimated 30 minutes for telephone at: (202) 514-5430; implementation, the classes of sex this purpose. Time will be reserved for e-mail: Catherine.postoneusdoj.gov; or offenders to be registered by public comment on January 28,2011 fax: (202) 305-2589 will be circulated to jurisdictions retroactively, and the from 12:05 p.m. to 12:20 p.m. and from NAC members prior to the meeting. treatment of Indian tribes newly 4:30 p.m. to 4:45 p.m. See the section Given the expected number of recognized by the Federal government below for information on reserving time individuals interested in presenting subsequent to the enactment of SORNA. for public comment. comments at the meeting, reservations DATES: Effective Date: January 11,2011. EFTA01119335  Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices 1631 FOR FURTHER INFORMATION CONTACT: (3) Require jurisdictions to have sex provisions in the supplemental Linda M. Baldwin, Director, Office of offenders report international travel 21 guidelines that broaden jurisdictions' Sex Offender Sentencing, Monitoring, days in advance of such travel and to discretion affect limited areas, Apprehending, Registering, and submit information concerning such specifically, whether jurisdictions will Tracking; Office of Justice Programs, travel to the appropriate Federal publicly disclose information United States Department of Justice, agencies and databases. concerning sex offenders required to Washington. DC. 202 305-2463. (4) Clarify the means to be utilized to register on the basis of juvenile SUPPLEMENTARY INFORMATION: ensure consistent interjurisdictional delinquency adjudications, and whether information sharing and tracking of sex jurisdictions will require registration by Overview offenders. sex offenders who have left the justice The Sex Offender Registration and (5) Expand required registration system but later reenter the system Notification Act, which is title I of the information to include the forms signed through subsequent non felony, non- Adam Walsh Child Protection and by sex offenders acknowledging that sex-offense convictions. By relaxing a Safety Act of 2006, Public Law 109-248, they were advised of their registration couple of requirements that have been was enacted on July 27, 2006. SORNA obligations. impediments to SORNA (6) Provide additional information implementation in some jurisdictions, (42 U.S.C. 16901 et seq.) establishes concerning the review process for these changes further the nationwide minimum national standards for sex determining that jurisdictions have offender registration and notification in substantially implemented the SORNA implementation of the remainder of the the jurisdictions to which it applies. SORNA requirements and hence are requirements in their programs and likely to promote greater overall "Jurisdictions" in the relevant sense are continue to comply with these the 50 states, the District of Columbia, uniformity among jurisdictions in sex requirements. offender registration and notification the five principal U.S. territories, and (7) Afford jurisdictions greater Indian tribes that satisfy certain criteria. latitude regarding the registration of sex standards. Considering the foregoing, 42 U.S.C. 16911(10). SORNA directs the offenders who have fully exited the the public comments that criticized Attorney General to issue guidelines certain features of the supplemental justice system but later reenter through guidelines as resulting in an undesirable and regulations to interpret and a new (non•sex•offense) criminal implement SORNA. See id. 16912(b). loss of uniformity do not persuasively conviction by providing that establish that there will be such an To this end, the Attorney General jurisdictions may limit such registration issued the National Guidelines for Sex effect that outweighs the benefits of to cases in which the new conviction is these changes. Offender Registration and Notification, for a felony. Some commenters criticized changes 73 FR 38030, on July 2, 2008. The (8) Provide, for Indian tribes that are made in these supplemental guidelines SORNA standards are administered by newly recognized by the Federal as an inappropriate or impermissible the Office of Sex Offender Sentencing, government following the enactment of exercise of legislative power by the Monitoring, Apprehending, Registering, SORNA, authorization and time frames Attorney General, and urged that such and Tracking ("SMART Office"), which for such tribes to elect whether to changes could properly be made only by assists all jurisdictions in their SORNA become SORNA registration Congress. However, SORNA expressly implementation efforts and determines jurisdictions and to implement SORNA. affords the Attorney General authority whether jurisdictions have successfully to expand the range of required completed these efforts. See 42 U.S.C. Summary of Comments on the Proposed Supplemental Guidelines registration information and to create 16945; 73 FR at 38044, 38047-48. exceptions to the required disclosure of Since the publication of the SORNA About 280 separate comments were registration information. See 42 U.S.C. Guidelines, issues have arisen in received from a wide variety of 16914(a)(7), (b)(8), 16918(b)(4), (c)(4), SORNA implementation that require agencies, organizations, and 16921(b). SORNA further charges the that some aspects of the Guidelines be individuals. Many of the comments Attorney General with responsibility for augmented or modified. Consequently, were favorable to the supplemental issuing guidelines and regulations to the Department of Justice proposed and guidelines, either generally or with interpret and implement SORNA and solicited public comment on respect to particular measures therein. for determining whether jurisdictions supplemental guidelines addressing The grounds of support included the have substantially implemented SORNA these issues, which were published in value of the changes in the in their programs. See 42 U.S.C. the Federal Register on May 14, 2010, supplemental guidelines in facilitating 16912(b), 16925. These authorities at 75 FR 27362. The public comment jurisdictions' implementation of adequately support the measures period closed on July 13, 2010. SORNA or enhancing the efficacy of sex adopted in these supplemental Following consideration of the public offender registration and notification. guidelines. comments received, the Department of Some commenters criticized the Some of the comments received Justice is now finalizing the supplemental guidelines as potentially concerned matters outside the scope of supplemental guidelines, which do the resulting in greater disparity among these supplemental guidelines. Those following: jurisdictions in sex offender registration comments, and the Department's (1) Allow jurisdictions, in their or notification standards by increasing responses thereto, include the discretion, to exempt information jurisdictions' discretion in certain areas. following: (i) Some comments generally concerning sex offenders required to SORNA, however, does not aim at criticized SORNA, state sex offender register on the basis of juvenile complete uniformity among registration and notification laws, or delinquency adjudications from public jurisdictions, but rather establishes a state laws imposing measures that Web site posting. national baseline of sex offender SORNA does not require, such as (2) Require jurisdictions to exempt registration and notification standards residency restrictions on sex offenders, sex offenders' e-mail addresses and and generally leaves jurisdictions free to and explicitly or implicitly urged that other Internet identifiers from public adopt different approaches and such laws should be repealed or Web site posting, pursuant to the KIDS provisions beyond the required amended. The Attorney General has no Act, 42 U.S.C. 16915a. minimum. See 73 FR at 38032-35. The authority to repeal or amend Federal or EFTA01119336 1632 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices State laws by issuing guidelines. (ii) information concerning sex offenders. The comments that proposed some Some comments criticized measures in One of these provisions is 42 U.S.C. further restriction or elimination of the preexisting SORNA Guidelines that 16918, which generally requires that SORNA's registration requirements in the proposed supplemental guidelines jurisdictions make sex offender relation to juveniles often appeared to did not attempt to address. The final information available on publicly reflect misunderstanding of the supplemental guidelines have not been accessible Internet sites. The other is 42 foregoing points or other changed on the basis of such comments U.S.C. 16921(b), which requires targeted misunderstandings regarding SORNA's because they did not concern matters disclosures of sex offender information, provisions relating to juveniles. One within the scope of these supplemental some aspects of which could be possible misunderstanding concerns the guidelines. Moreover, these comments characterized as involving public Attorney General's legal authorities did not provide persuasive reasons for disclosure. Specifically, the required under SORNA. As noted above, the changing other requirements under disclosures under the latter provision Attorney General has express statutory SORNA or its implementing guidelines. include disclosure to certain school, authority to create exceptions to the (iii) Some comments raised questions public housing, social service, and required public disclosure of regarding SORNA implementation by volunteer entities, and to other registration information under SORNA. jurisdictions that did not specifically organizations, companies, or In contrast, SORNA affords the Attorney concern the measures adopted in these individuals who request notification. As General no open•ended authority to supplemental guidelines. Questions of a practical matter, the public disclosures restrict or eliminate registration (as this type should be addressed directly to required under §16921(b) may opposed to information disclosure) the SMART Office. The SMART Office effectively merge with the Internet requirements under SORNA. Hence, is available at all times to answer disclosure required under §16918(b), these comments misconceived the legal jurisdictions' questions regarding because the SORNA Guidelines explain situation to the extent they assumed the SORNA implementation and to assist that jurisdictions may satisfy the public Attorney General could simply them in such implementation. disclosure aspects of § 16921(b) by eliminate registration requirements Some commenters, on varying including functions on their public sex under SORNA in relation to juveniles or grounds, were critical of particular offender Web sites that enable members other classes of offenders, parallel to his changes made by these supplemental of the public to request automatic authority to create exceptions to guidelines or urged that the changes do notification when sex offenders SORNA's information disclosure not go far enough in qualifying or commence residence, employment, or requirements. supplementing SORNA's requirements. school attendance in specified areas. Regarding other apparent The main substantive comments and See 73 FR at 38061. misunderstandings that appeared in the criticisms are most conveniently Under both public disclosure comments, the following points may discussed on a topic-bytopic basis: provisions in SORNA, the Attorney help to provide a clear picture of General has express statutory authority SORNA's registration requirements and Juvenile Delinquents to limit the required disclosure of their effects on juveniles: Many favorable comments were information. See 42 U.S.C. 16918(c)(4) First, SORNA's treatment of juvenile received concerning Part I.A of these ("[a] jurisdiction may exempt from sex offenders is very different from its supplemental guidelines, which disclosure * * • any other information treatment of adult sex offenders. provides that it is within jurisdictions' exempted from disclosure by the Registration is required on the basis of discretion whether they will publicly Attorney General"); id. § 16921(b) a juvenile delinquency adjudication disclose information concerning (registry information to be provided to only if the juvenile is at least 14 years juvenile delinquent sex offenders. Some specified entities "other than old at the time of the offense and the commenters, however, urged that the information exempted from disclosure adjudication is for an offense Attorney General should go further in by the Attorney General"). Moreover, comparable to or more severe than limiting public disclosure of such under both of these provisions, the aggravated sexual abuse as defined in information, or that the Attorney Attorney General has exercised his Federal law or an attempt or conspiracy General should also restrict or eliminate authority in these supplemental to commit such a crime. See 42 U.S.C. SORNA's registration requirements for guidelines to provide that jurisdictions 16911(8). The SORNA Guidelines juvenile delinquent sex offenders. The need not publicly disclose information explain that it suffices for substantial grounds urged for further changes concerning persons required to register implementation of SORNA if included that, absent such changes, on the basis of juvenile delinquency jurisdictions register individuals in this juvenile delinquent sex offenders would adjudications. class who have been adjudicated be improperly equated to adult sex Given this change, the effect of the delinquent for the most serious types of offenders, stigmatized. unjustifiably remaining registration requirements sexually assaultive crimes, which subjected to lifetime registration, and under SORNA for certain juvenile generally limits the required coverage to not effectively rehabilitated in delinquent sex offenders is, in essence, juveniles adjudicated delinquent for conformity with the objectives of to enable registration authorities to track committing nonconsensual sex offenses juvenile justice systems. such offenders following their release involving penetration or related In assessing these comments, it must and to make information about them attempts or conspiracies. See 73 FR at be understood that, following the available to law enforcement agencies. 38030, 38040-41, 38050. There is no issuance of these supplemental See 73 FR at 38060; Part I.A of these requirement that jurisdictions register guidelines, there is no remaining supplemental guidelines. There is no juveniles adjudicated delinquent for requirement under SORNA that remaining requirement under SORNA lesser sexual assaults or for nonviolent jurisdictions publicly disclose that jurisdictions engage in any form of sexual conduct whose criminality information about sex offenders whose public disclosure or notification depends on the age of the victim. See id. predicate sex offense "convictions" are regarding juvenile delinquent sex Moreover, SORNA does not require juvenile delinquency adjudications. offenders. Jurisdictions are free to do so, lifetime registration without There are two provisions in SORNA that but need not do so to any greater extent qualification even for juveniles require public disclosure of certain than they may wish. adjudicated delinquent for the most EFTA01119337  Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices 1633 serious sexually assaultive crimes, but subsection (b)(4) in that section guidelines recognize that there may be allows registration to be terminated after authorizes the Attorney General to circumstances in which requiring 21 25 years for those maintaining a clean create mandatory exemptions of days advance notice would be record. See 42 U.S.C. 16915(b)(2)(B), information from such disclosure. There unnecessary or inappropriate, and (3)(B); 73 FR at 38068-69. is no corresponding authorization in expressly allow jurisdictions to adopt Second, SORNA does not bar taking SORNA to prohibit jurisdictions from policies accommodating such situations account of differences between juveniles disseminating registration information subject to approval by the SMART and adults in the manner in which by means other than public Web site Office. registration is carried out. For example. posting, or to prohibit entities other Some commenters claimed that there SORNA requires in•person appearances than registration jurisdictions from is no authority for the Attorney General to report certain important changes in disclosing information about sex to adopt notice requirements concerning registration information and for periodic offenders. sex offenders leaving the United States, verification, see 42 U.S.C. 16913(c), Looking beyond the question of legal or concerning domestic travel by sex 16916, but this does not mean that authority. the comments received did offenders, because 42 U.S.C. 16928 only juveniles must be required to appear at not provide persuasive reasons for directs the Attorney General to establish locations that will result in their being adopting new Federal restrictions on the a system for informing relevant exposed to adult sex offenders or in disclosure of information about sex jurisdictions about persons entering the public exposure of their status as sex offenders' Internet identifiers, United States who are required to offenders. Rather, jurisdictions have supplementary to the limitation register under SORNA. These discretion as to how meetings between required by 42 U.S.C. 16915a(c) and commenters apparently did not sex offenders and persons responsible other existing legal restrictions. As a understand the legal basis for the for their registration will be carried out practical matter, there are legitimate Attorney General's adoption of and may adopt different approaches for reasons for disclosure of such additional requirements relating to different classes of registrants. See 73 information by means other than public reporting of travel or intended travel by FR at 38065, 38067. Web site posting and by entities other sex offenders. Such requirements are Third, following the adoption of these than registration jurisdictions, such as adequately supported by 42 U.S.C. supplemental guidelines, there is no disclosure by jurisdictions or private 16914(a)(7), which provides general requirement that jurisdictions engage in individuals or entities of information authority for the Attorney General to any form of public disclosure or about sex offenders' Internet identifiers expand the information sex offenders notification for juvenile delinquents to law enforcement agencies are required to provide for inclusion in subject to SORNA's requirements. investigating sex crimes involving sex offender registries. The reporting Rather, as discussed above, the effect of solicitation of the victims through the requirement relating to intended the remaining registration requirements Internet. international travel adopted in these under SORNA is essentially to enable Some of the comments received supplemental guidelines is expressly registration authorities to track such included complaints or criticisms premised on §16914(a)(7), as are pre- delinquents following their release and relating to 42 U.S.C. 16915b, which existing reporting requirements adopted to make information about them directs the Attorney General to establish in the SORNA Guidelines relating to available to law enforcement. a system enabling social networking international and domestic travel that go Web sites to compare the Internet beyond those expressly stated in Internet Identifiers identifiers of their users to information SORNA itself, see 73 FR at 38056. Part 1.8 of these supplemental in the National Sex Offender Registry. Some comments expressed concern or guidelines creates a mandatory Section 16915b was separately enacted frustration that jurisdictions have been exemption of sex offenders' e-mail by the KIDS Act, Public Law 110-400. presented with a moving target in their addresses and other Internet identifiers It is not part of SORNA. Any measures SORNA implementation efforts, a from public Web site posting, a measure that may be needed in the concern apparently felt with particular required by 42 U.S.C. 16915a(c). Some implementation of §16915b would not force in relation to the new reporting commenters urged that there should be belong in these supplemental requirement regarding international further restriction of the disclosure of guidelines, which are concerned with travel. Relatively little time remains such information. Specifically, some the implementation of SORNA. until the end of the compliance periods argued that jurisdictions should also be allowed under 42 U.S.C. 16924, which restrained from disclosing sex offenders' International Travel can create a difficult situation for Internet identifiers by means other than Part ILA of these supplemental jurisdictions attempting to carry out public Web site posting, and that guidelines exercises "Mlle authority new requirements. entities other than registration under 42 U.S.C. 16914(a)(7) to expand These comments are well taken. jurisdictions should be prohibited or the range of required registration Congress in SORNA has authorized the prevented from disclosing such information * * * to provide that Attorney General to augment or modify information. registrants must be required to inform SORNA's express requirements in As noted, the measure concerning their residence jurisdictions of intended certain areas, including authority to Internet identifiers included in these travel outside of the United States at expand the range of required supplemental guidelines is required by least 21 days in advance of such travel." registration information and authority to 42 U.S.C. 16915a(c), which directs the Some commenters objected to this create discretionary or mandatory Attorney General to utilize the authority requirement on the ground that it would exceptions to disclosure of such provided in 42 U.S.C. 16918(b)(4) to prevent sex offenders from engaging in information. See 42 U.S.C. 16914(a)(7), exempt Internet identifier information legitimate international travel, because (b)(8), 16918(b)(4), (c)(4), 16921(b). from disclosure. Section 16918 is the it may be necessary for sex offenders to These authorities could be exercised by statute that directs registration travel abroad for business. familial, or the Attorney General at any time during jurisdictions to establish Internet sites other reasons without being able to the periods afforded for SORNA that disclose information on registered anticipate the need three weeks in implementation under 42 U.S.C. 16924 sex offenders to the public, and advance. However, these supplemental or thereafter. Given the inclusion in EFTA01119338 1634 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices SORNA of those express authorities to guidelines, in one respect the provisions questions from jurisdictions regarding augment or modify certain SORNA regarding this requirement are modified SORNA implementation and such requirements. SORNA is reasonably in the final supplemental guidelines. questions should be addressed directly read so as not to require that The proposed supplemental guidelines to the SMART Office. jurisdictions be regarded as falling short noted that, as the international tracking The second paragraph in Part 11.8 of substantial implementation based on system continues to develop, the explains that regular use of the SORNA new requirements without time afforded SMART Office may issue additional Exchange Portal is essential to effective to correct the deficiency. Accordingly, directions to jurisdictions to notify interjurisdictional information sharing the SMART Office will take account of certain agencies concerning and sex offender tracking. In relation to the novelty of requirements and the international travel by sex offenders. these objectives, the wording of the final time that has been available to carry Additional direction may also be sentence in this paragraph in the them out in determining whether needed concerning the specific proposed supplemental guidelines was jurisdictions have substantially information sex offenders should be unduly narrow, referring to use of the implemented SORNA. and will afford required to provide in notifying their Portal to access messages from other jurisdictions a reasonable amount of residence jurisdictions about intended jurisdictions but not to use of the Portal time to implement new requirements, international travel. This is so because for other information sharing purposes which may extend beyond the obtaining the bare information that a required under SORNA. The sentence implementation deadlines otherwise registrant will be going somewhere accordingly has been modified in the applicable under SORNA. q. Chicago & outside of the United States at some final supplemental guidelines to Alton R.R. Co. v. Tmnbarger, 238 U.S. time three weeks or more in the future reference more generally use of the 67, 73-74 (1915) (statute may be may not be sufficient to achieve the Portal in information sharing in construed to allow a reasonable amount objectives of the international tracking conformity with guidance issued by the of time to take an action where the system—objectives that include reliably SMART Office. normal statutory time limit for taking tracking sex offenders as they leave and Acknowledgment Forms such actions cannot sensibly be return to the United States, and applied). notifying as appropriate U.S. or foreign Part II.0 of these supplemental The comments received included a authorities in foreign countries to which guidelines expands the range of concern that the new requirement sex offenders travel. See 73 FR at required registration information to relating to international travel reporting 38066-67. More specific information include the acknowledgment forms used will unduly burden jurisdictions. This may be needed to realize these to inform sex offenders of their concern appears to reflect an objectives. such as information registration obligations. Favorable exaggerated impression of the nature of concerning expected itinerary, comment was received on this change as the requirement and its impact on departure and return dates, and means facilitating the prosecution of sex jurisdictions. Under pre-existing and purpose of travel. offenders who violate those obligations. requirements of SORNA and the The final supplemental guidelines Other commenters were critical of this SORNA Guidelines, jurisdictions are accordingly state that the SMART Office change on the ground that required to obtain a range of information may issue additional directions acknowledgment forms should be from sox offenders and to make that concerning the information to be utilized to inform sex offenders of their information available to other required in international travel registration obligations, rather than to registration jurisdictions and notifications by sex offenders. To the prosecute them if they violate those appropriate Federal agencies, including extent that the SMART Office's exercise obligations. However, there is no information regarding domestic and of the authority to flesh out the inconsistency in using the international travel by sex offenders. international tracking system results in acknowledgment forms for both See 42 U.S.C. 16913(c), 16919(b), 16921; new, more specific requirements purposes. The forms both advise sex 73 FR at 38055-56, 38065-67. The relating to international travel reporting,offenders of the registration requirement under those supplemental the novelty of these requirements will requirements to which they are subject guidelines to obtain information be taken into account, as with other new and can help to show that they were concerning international travel by sex requirements under SORNA as aware of those requirements in offenders more consistently does not discussed above. The amount of time prosecutions for violations. differ fundamentally in character from that has been available to carry out such Some commenters complained that these pre-existing requirements and the requirements will be considered by the the acknowledgment forms do not mechanisms utilized in carrying out the SMART Office in assessing substantial provide sufficient information, for pre-existing requirements can be implementation and jurisdictions will example, because they only advise sex extended and adapted to encompass this be afforded a reasonable amount of time offenders of their registration additional information. To the extent to carry them out. obligations under state law and do not the concern about a resulting burden on advise them of their registration Domestic Interjurisdictional Tracking obligations under SORNA. However, the jurisdictions reflects the novelty of this requirement and the apprehension that Part MB of the supplemental SORNA standards require that sex inadequate time will be afforded to guidelines, relating to use of the SORNA offenders be informed of their duties implement it, the information in the Exchange Portal in domestic under SORNA and that sex offenders be preceding paragraph about how interjurisdictional sex offender tracking, required to sign a form stating that the implementation of new requirements was commented on favorably as duty to register has been explained and will be treated is responsive to the improving and facilitating such understood. See 42 U.S.C. 16917(a); 73 concern. tracking. There were also some general FR at 38063. In jurisdictions that have While the comments received did not questions in the comments relating to implemented SORNA in their provide persuasive reasons to abrogate use of the SORNA Exchange Portal and registration programs, the jurisdictions' or restrict the international travel interjurisdictional notifications. As registration laws and policies will reporting requirements as set forth in noted above, the SMART Office is encompass the SORNA requirements Part II.A of the proposed supplemental available at all times to answer and sex offenders will be informed EFTA01119339  Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices 1635 concerning these requirements. In any the state will be required as part of the committed when they were below the event, regardless of what limitations Byrne Formula Grant application age of 14 will have to be registered if there may be in the information process in subsequent program years to they have subsequent adult convictions currently provided in particular certify that the state remains in for (non-sex offense) felonies, and some jurisdictions' acknowledgment forms, compliance with the Act."). Given the claimed that public notification will be that does not weigh against requiring connection to eligibility for full Byrnerequired concerning persons qualifying the inclusion of these forms in sex Grant funding under both Acts, annual as sex offenders on the basis of juvenile offenders' registration information. The determinations of continuing delinquency adjudications if they have forms do provide sex offenders with compliance are as necessary under subsequent adult convictions for (non- information concerning their SORNA as they were under the sex offense) felonies. These comments registration obligations and may be predecessor law, and in neither case reflect misunderstandings of SORNA useful in the prosecution of violations of should this requirement be unduly and its implementing guidelines. those obligations by helping to establish burdensome for jurisdictions. SORNA and the guidelines never that sex offenders were aware of the Retroactive Classes require registration on the basis of requirement to register. juvenile delinquency adjudications Many commenters approved of the except for adjudications for offenses Ongoing Implementation Assurance change in Part IV of these supplemental comparable to aggravated sexual abuse Some comments objected to the guidelines. Part IV provides that it (or related attempt or conspiracy) requirements of Part III of the suffices for substantial implementation committed when the juvenile was at supplemental guidelines, relating to of SORNA, with respect to sex offenders least 14 years old. Persons with juvenile "ongoing implementation assurance," on reentering the justice system through adjudications not satisfying these the ground that they would unduly subsequent (non-sex offense) criminal criteria are not "sex offenders" as burden jurisdictions and would convictions, if registration of such defined in SORNA and are not subject inappropriately require the state offenders by jurisdictions is limited to to SORNA's requirements at all. See 42 administering agencies for the Byrne cases in which the subsequent U.S.C. 16911(1), (8). Likewise, following Justice Assistance Grant program to conviction is for a felony. However, the adoption of these supplemental certify the state's SORNA some commenters proposed that the guidelines, public disclosure or implementation status, though these requirement to register sex offenders notification is never required under agencies are not generally responsible whose convictions predate SORNA or SORNA regarding persons whose for sex offender registration matters. SORNA's implementation in particular predicate sex offense convictions are These comments reflect jurisdictions should be further restricted juvenile delinquency adjudications. misunderstandings of this part of the or eliminated. The grounds urged for Some comments pointed in this supplemental guidelines. The such further limitation included the connection to the decision in United supplemental guidelines state that following: States v. Juvenile Male, 590 F.3d 924 Byrne grantees will need to establish Some commenters argued that (9th Cir. 2010), which held that SORNA that their systems continue to meet the requiring sex offenders who reenter the cannot constitutionally be applied to a SORNA standards in connection with justice system through subsequent (non- sex offender on the basis of a Federal the annual grant application process sex offense) criminal convictions to juvenile delinquency adjudication because such continuing compliance is register discriminates against sex predating SORNA's enactment. a condition of full Byrne Grant offenders because non-sex offenders However, Juvenile Male is not binding eligibility in each program year. See 42 who reenter the justice system through precedent for Federal courts outside of U.S.C. 16925. T