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Current Status of SORNA. Sex Offender Registration and Notification Act  Federal law passed in 2006 (SORNA)  Sets a floor, not a ceiling, for standards.

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Presentation on theme: "Current Status of SORNA. Sex Offender Registration and Notification Act  Federal law passed in 2006 (SORNA)  Sets a floor, not a ceiling, for standards."— Presentation transcript:

1 Current Status of SORNA

2 Sex Offender Registration and Notification Act  Federal law passed in 2006 (SORNA)  Sets a floor, not a ceiling, for standards for registration and notification  Changes: Change from risk based to conviction based Change from risk based to conviction based Requires registration and notification for certain juveniles Requires registration and notification for certain juveniles Creates tier system based on conviction Creates tier system based on conviction Broader, more explicit registration requirements Broader, more explicit registration requirements Calls for creation of a national internet registry Calls for creation of a national internet registry

3  Juvenile minimum standard At least 14 years old at time of offense At least 14 years old at time of offense Commit a “serious” sexual assault by force, by threat of serious violence, or by rendering unconscious or drugging the victim Commit a “serious” sexual assault by force, by threat of serious violence, or by rendering unconscious or drugging the victim Or Waived to Adult Court Or Waived to Adult Court

4 SMART Office  Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking  Part of the Office of Justice Programs/ USDOJ 

5 Compliance Rate  SMART Office says that 44 jurisdictions are “SORNA compliant” 15 states 15 states 27 native american tribes 27 native american tribes 2 territories 2 territories

6  Ala  Fl  Kansas  La  MD  Mich  Miss  Missouri  Nevada  Ohio  SCarolina  SDakota  Tenn  Wyo

7 Dru Sjodin National Sex Offender Public Website (NSOPW)  This is not a new, separate database  Can use this database to search state databases—Search Engine 

8 Law Enforcement Databases  There are other databases that only law enforcement can access NSOR (National Sex Offender Registry) NCIC NSOR (National Sex Offender Registry) NCIC IAFIS (Integrated Automated Fingerprint ID) IAFIS (Integrated Automated Fingerprint ID) NPPS (National Palm Print System) NPPS (National Palm Print System) CODIS (DNA) CODIS (DNA)

9 New Jersey not yet in Compliance  Bill Pending A2952 A2952 Sponsored by Assemblyman Gordon Johnson of Bergen County Sponsored by Assemblyman Gordon Johnson of Bergen County A different bill sponsored by Sen Vitale is also pending S850 A different bill sponsored by Sen Vitale is also pending S850

10 Current Law  Approximately 11 statutes passed October 31, 1994  One is 2C:7-2 Megan’s Law Registration of offenders convicted of enumerated offenses Registration of offenders convicted of enumerated offenses Community Notification based on Tier classification Community Notification based on Tier classification

11 Offenses in 2C:7-2  Aggravated sexual assault  Sexual Assault  Aggravated Criminal Sexual Contact  Kidnapping  Endangering the welfare of a child by sexual conduct  Endangering the welfare of a child-pornography  False imp. if victim a minor and def. not a parent  Luring or enticing  Criminal sexual contact if victim a minor  Criminal restraint if victim a minor and def. not a parent  Federal versions of these offenses  Other state’s versions of these offenses

12 Registration  Persons convicted, adjudicated delinquent or found NGRI of all of those offenses have to register.  There is a state registry kept by NJSP which feeds into a federal database.  Created by 2001 amendment to Megan’s Law.  This registry is not accessible by the public.

13 Registration Obligations  Must register upon release from custody  Repetitive and Compulsive must verify address every 90 days  All other registrants verify annually  Must re-register every time you move to a new location  Failure to comply can result in 3 rd or 4 th degree criminal charges brought by law enforcement

14 Community Notification  Registrants divided into categories of Tier 1 (low), Tier 2 (moderate) and Tier 3 (high) risk to reoffend using risk assessment tool  Who in community is notified is based upon the tier.  Tier 3 and some Tier 2 on the internet

15 CSL/PSL  Also on Oct the sentencing portion of 2C was amended to add a mandatory sentence of parole supervision for life to certain offenders.  2C:  Imposed on defendants convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping, endangering for sexual conduct, endangering with pornography, luring

16 Differences between current law and SORNA-compliance  Longer list of offenses  Community Notification no longer based on a risk assessment determination  All offenders (but no juveniles unless waived) on the internet  PSL is unaffected in A2952.

17  15 Year Registrants Endangering (pornography) Endangering (pornography) Luring (child or adult) Luring (child or adult) Kidnapping Kidnapping Criminal restraint and false imprisonment if vic a minor/no parent Criminal restraint and false imprisonment if vic a minor/no parent Lewdness (new) Lewdness (new) Invasion of privacy (new) Invasion of privacy (new) Enumerated Federal offenses ie Mann Act violations, video voyeurism of minor Enumerated Federal offenses ie Mann Act violations, video voyeurism of minor Verify Address ANNUALLY Termination of Registration: Can apply to court after 10 years if: offense free; completed probation; not a public safety risk and have completed an approved sex offender treatment program Convicted, adjudicated delinquent, found NGRI

18 25 Year Registrants  Endangering (selling and distributing child porn)  Criminal sexual contact if victim a minor  Promoting underage prostitution  Human trafficking (new)  Having sex with an underage prostitute (new)  Specific federal offenses: trafficking, sex abuse of minor, sex exploitation  Verify address every 180 days  Termination of Registration: Can apply after 15 years if completed probation, completed an approved sex offender treatment program, not likely to pose safety threat  Convicted, adjudicated delinquent, found NGRI

19 Lifetime Registrants  Aggravated Sexual Assault  Sexual Assault  Aggravated criminal sexual contact  Kidnapping  Endangering welfare of child with sexual activity  Enumerated federal offenses ie sexual abuse  Verify Address every 90 days  Termination of Registration: Can apply after 25 years  Convicted adjudicated delinquent, found NGRI

20 Codified J.G. Motion  Person adjudicated delinquent for a sex offense when under the age of 14 at the time of the offense may make application to end obligation to register upon reaching age 18  Clear and convincing evidence that not likely to pose a threat to safety

21 Registration Includes  Name  Address including any and all residences including current temporary residence or any location habitually lived in (homeless)  Place of employment  School  Phone numbers including cell  addresses used  Car info including where car kept  Photo  Professional licensing info  Arrest info  Height, weight, physical info

22 Time Frame for Registering  Within 48 hours of release  Placed on probation, within 3 days of sentencing  Change of address: have 3 days to re-register after moving  Must inform law enforcement agency about international travel at least 21 days before

23 Registrants Include  Person residing in another jurisdiction but enrolled on full or part time basis in any educational institution shall register within 3 days of attendance  Person residing in another jurisdiction but working here full or part time for 2 consecutive weeks or 30 calendar days registers within 3 days of starting job

24  No more door-to-door notifications under A2952

25 What will be Available on the Internet  Name  Offense: specific statutory cite and brief description of offense including victim gender and age (no M.O.)  Address  Place of Employment or school  Specific indication of registrant can’t currently be located

26 Who Is On the Internet?  Everybody  EXCEPT JUVENILES ie someone who has been adjudicated delinquent

27  Any violation of registration requirements is a third degree offense

28 Electronic Bracelet  Parole statute amended to allow for bracelet for anyone deemed appropriate by Parole Board and: SVP SVP CSL/PSL CSL/PSL Victim is a minor Victim is a minor Lifetime or 25 year registrant Lifetime or 25 year registrant

29 S850  15 Year Registrants Lewdness Lewdness Invasion of Privacy if victim a minor Invasion of Privacy if victim a minor Sexual assault (statutory rape) Sexual assault (statutory rape) Endangering the welfare of a child (pornography) Endangering the welfare of a child (pornography)  Called Tier 1  Verify Address annually  Can terminate by motion after 10 years if no sex offense occurs within the time

30 25 Year Registrant  Criminal coercion  Luring  Human trafficking  Crim sex contact if vic a minor  Obscenity for persons under 18  Endangering with sexual conduct  Kidnapping  Criminal restraint/false imprisonment if vic a minor, no parent  Promoting child prostitution  Called Tier 2  Verify address every 180 days

31 Lifetime Registrant  Aggravated sexual assault  Sex assault (except statutory rape)  Agg crim sex contact  Kidnapping  Called Tier 3  Verify address every 90 days  A tier 3 juvenile can get off registry after 25 years

32 Door to Door Notification  Risk Assessment conducted by Commission set up by this legislation  Tier 2 and Tier 3 subject to notification to members of the public likely to encounter the offender and a list of community organizations created by the AG  Conducted by local law enforcement under the direction of the Commission  First time, notification is conducted door to door. Thereafter, members of the public can request future notification of relocation of an offender by phone, or regular mail

33 Provision for Hearing  Has a provision for hearing to modify tier determination after two years has passed.  Burden of proof on offender; no standard in statute.

34 Internet: Who can see it?  Everybody except: NO JUVENILES ON THE INTERNET NO JUVENILES ON THE INTERNET NO STATUTORY RAPE CASES ON THE INTERNET NO STATUTORY RAPE CASES ON THE INTERNET

35 Internet: What is included?  Name  Offense  Description of offense  M.O.  Risk of reoffense  Photo  Car information  Address

36  Statute sets up an notification system so that members of the public who want it register to receive information  Can register for up to 3 counties/zip codes

37 Sex Offender Management Commission  Creates multidisciplinary commission  Includes one public member with expertise in working with sex offenders

38 Parole Supervision for Life  Lists all the offenses enumerated in 2C:7- 2 Megan’s Law  Lists all parole conditions  Prosecutor can petition court for additional restrictions


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