EFTA01119335

.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. This does not mean that subsequent (non-sex offense) criminal the Ninth Circuit and not binding the state agencies responsible for Byrne convictions are not subject to such a precedent for state courts anywhere. Grant matters must verify the status of requirement. However, differences in Considered on its own terms, the SORNA implementation. Rather, states the treatment of different classes of decision has no bearing on SORNA's (and other jurisdictions that apply for offenders are not intrinsically unfair and application to sex offenders with adult Byrne Grants) may obtain information such differences are not convictions. The Department of Justice concerning ongoing implementation unconstitutionally discriminatory where has sought review of the Juvenile Male from their agencies that generally deal there is a rational basis for the decision by the U.S. Supreme Court with the SMART Office on SORNA distinction. See Chapman v. United and, as a result, further proceedings in implementation matters and include the States, 500 U.S. 453, 465 (1991). Sex the case are pending before the U.S. information with their Byrne Grant offender registration by its nature Supreme Court and the Montana applications. involves imposing certain requirements Supreme Court. See United States v. The requirement appearing in Part 111 on sex offenders that are not applied to Juvenile Male, 130 S.Ct. 2518 (2010). of the supplemental guidelines is not non-sex offenders. This is so regardless Considering the foregoing, there is no new in principle. SORNA was preceded of whether registration requirements are basis at this time for making changes in by the original Federal law setting imposed on sex offenders whose the implementing guidelines or rules for national standards for sex offender convictions occur after SORNA's SORNA on the basis of the Juvenile registration and notification, the Jacob enactment or its implementation or on Male decision. Wetterling Crimes Against Children and sex offenders whose convictions Some commenters expressed the Sexually Violent Offender Registration occurred at earlier times. concern that the remaining retroactivity Ad. The Attorney General's guidelines Some commenters claimed that the requirements under SORNA will unduly under the Wetterling Act similarly remaining retroactivity requirements burden jurisdictions. However, under required an annual determination of under SORNA would, absent further the SORNA Guidelines, it suffices for continuing compliance with the changes, have anomalous and substantial implementation of SORNA if national standards. See, e.g., 64 FR 572, unwarranted effects on juvenile a jurisdiction registers sex offenders 587 (1999) ("After the reviewing delinquent sex offenders. For example, who remain in the justice system as authority has determined that a state is some comments asserted that juveniles prisoners, supervisees, or registrants, or in compliance with the [Wetterling] Act, adjudicated delinquent for sex offenses who reenter the justice system through EFTA01119340 1636 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices a subsequent criminal conviction. The affecting the tribes should be addressed, elements of SORNA's implementation Guidelines note that such offenders are including particularly the possibility of in relation to tribal areas and the within the cognizance of the involuntary delegation of tribal SMART Office will continue to work jurisdiction, and the jurisdiction will registration functions to the states with all tribes and state jurisdictions to often have independent reasons to pursuant to 42 U.S.C. 16927(a)(2)(C), ensure that they are effectively carried review their criminal histories for penal, which permits such delegation if the out. correctional, or registration/notification Attorney General determines that a The Department of Justice and the purposes. See 73 FR at 38046. This tribal jurisdiction has not substantially SMART Office seek and welcome the point applies with greater force now implemented SORNA and is not likely counsel and views of Indian tribal that the covered class of "reentrants" to become capable of doing so within a governments and communities at all who must be registered is limited to reasonable amount of time. The times and will continue to consult with those with subsequent felony comments urged that such involuntary them on SORNA implementation convictions, as provided in these delegations should occur only as an matters affecting the tribes in supplemental guidelines. absolute last resort and through a conformity with Executive Order 13175. Various other features of SORNA and transparent process. Comments the SORNA Guidelines limit any submitted on behalf of state Supplemental Guidelines for Sex resulting burden on jurisdictions. jurisdictions also expressed concern Offender Registration and Notification Jurisdictions are not required to register about the resulting burden on states if Contents sex offenders in the retroactive classes they were required to assume whose SORNA registration periods have I. Public Notification responsibility for tribal registration A. Juvenile Delinquents already run, and jurisdictions may functions based on the failure of a tribe B. Internet Identifiers credit such sex offenders with the time or tribes to substantially implement E. Interjurisdictional Tracking and that has elapsed from their release (or SORNA. Information Sharing from sentencing in case of a The Department of Justice and the A. International Travel nonincarcerative sentence) in SMART Office fully agree that B. Domestic Interjurisdictional Tracking determining what, if any, remaining involuntary delegation of tribal C. Acknowledgment Forms registration time is required, even if registration functions to the states HI. Ongoing Implementation Assurance IV. Retroactive Classes they have never actually been should occur only as a last resort, if at V. Newly Recognized Tribes registered. See 73 FR at 38035-36, all. The SORNA Guidelines state: "The 38046-47. Jurisdictions may rely on Department of Justice hopes and expects I. Public Notification their normal methods and standards for * * * that the occurrence of such an A. Juvenile Delinquents obtaining and reviewing criminal involuntary delegation will never be history information, and on the necessary, given the strong interest of SORNA includes as covered "sex information available in the records the tribes in effective registration and offender[sj" juveniles at least 14 years obtained by such means, in ascertaining notification for sex offenders subject to old who are adjudicated delinquent for SORNA registration requirements for their jurisdictions, and the priority that particularly serious sex offenses. See 42 sex offenders in the retroactive classes. the SMART Office gives to working with U.S.C. 16911(1), (8). While the SORNA This point applies both in determining all tribes and other jurisdictions to Guidelines endeavored to facilitate whether such sex offenders need to be facilitate the implementation of jurisdictions' compliance with this registered at all and in determining the SORNA's requirements in relation to aspect of SORNA, see 73 FR at 38030, sex offender's "tier" for SORNA tribal areas." 73 FR at 38039. This matter 38040-41,38050, resistance by some purposes. See 73 FR at 38043,38064. In is not addressed in these supplemental jurisdictions to public disclosure of relation to sex offenders in the guidelines because the Department did information about sex offenders in this retroactive classes, there is no not solicit public comment about it in class has continued to be one of the requirement that jurisdictions make the proposed supplemental guidelines largest impediments to SORNA special efforts to obtain records or and further input from the affected implementation. information that would not turn up jurisdictions would be desirable prior to Hence, the Attorney General is through the normal type of criminal any articulation of more detailed exercising his authority under 42 U.S.C. history searches they conduct. standards or procedures for such 16918(c)(4) to create additional In light of these considerations, the delegations. discretionary exemptions from public comments received do not persuasively Some additional tribal issues were Web site disclosure to allow establish that the public safety benefits raised in the comments, including the jurisdictions to exempt from public Web of registering in conformity with need for cooperative activities between site disclosure information concerning SORNA sex offenders who remain in the the tribes that are not SORNA sex offenders required to register on the justice system as prisoners, supervisees, registration jurisdictions and the states basis of juvenile delinquency or registrants, or who reenter through in order to effect the registration of sex adjudications. This change creates a subsequent felony convictions, are offenders within the jurisdiction of such new discretionary, not mandatory, outweighed by a resulting burden on tribes, and concern that law exemption from public Web site jurisdictions. enforcement agencies in such tribes will disclosure. It does not limit the not be adequately notified or informed discretion of jurisdictions to include Newly Recognized Tribes concerning sex offenders in their information concerning sex offenders A number of favorable comments territories. These issues were previously required to register on the basis of were received about affording newly raised by tribal commenters in the juvenile delinquency adjudications on recognized Indian tribes the option of public comments on the SORNA their public Web sites if they so wish. becoming SORNA registration Guidelines and they are addressed at The change regarding public Web site jurisdictions, as provided in Part V of some length in those Guidelines. See 73 disclosure does not authorize treating these supplemental guidelines. FR at 38039,38049.38060. The sex offenders required to register on the Tribal commenters urged that measures relating to these matters basis of juvenile delinquency additional matters under SORNA outlined in the Guidelines are integral adjudications differently from sex EFTA01119341 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices 1637 offenders with adult convictions in public Web sites, they did not adopt a their residence jurisdictions if they other respects. Whether a case involves mandatory exclusion of this information intend to commence residence, a juvenile delinquency adjudication in from public Web site posting, which the employment, or school attendance the category covered by SORNA or an KIDS Ad now requires. See 42 U.S.C. outside of the United States, and that adult conviction, SORNA's registration 16915a(c); 73 FR at 38059-60. jurisdictions that are so informed must requirements remain applicable, see 42 The authority under 42 U.S.C. notify the U.S. Marshals Service and U.S.C. 16913-16, as do the requirements 16918(b)(4) to create additional update the sex offender's registration to transmit or make available mandatory exemptions from public Web information in the national databases. registration information to the national site disclosure is accordingly exercised See 73 FR at 38067. (Regarding the (non-public) databases of sex offender to exempt sex offenders' Internet general requirement to provide information, to law enforcement and identifiers from public Web site posting. registration information for inclusion in supervision agencies, and to registration This means that jurisdictions cannot, the National Sex Offender Registry and authorities in other jurisdictions, see 73 consistent with SORNA, include sex other appropriate databases at the FR at 38060. offenders' Internet identifiers (such as e- national level, see 42 U.S.C. 16921(b)(1); Jurisdictions are not required to mail addresses) in the sex offenders' 73 FR at 38060.) In addition, the provide registration information public Web site postings or otherwise Guidelines provide that sex offenders concerning sox offenders required to list or post sex offenders' Internet must be required to inform their register on the basis of juvenile identifiers on the public sex offender residence jurisdictions about lodging at delinquency adjudications to the Web sites. places away from their residences for entities described in the SORNA This change does not limit seven days or more, regardless of Guidelines at 73 FR 38061, i.e., certain jurisdictions' retention and use of sex whether that results from domestic or school, public housing, social service. offenders' Internet identifier international travel. See 73 FR at 38056, and volunteer entities, and other information for purposes other than 38066. organizations, companies, or public disclosure, including submission Since the issuance of the Guidelines, individuals who request notification. of the information to the national (non- the SMART Office has continued to This reflects an exorcise of the Attorney public) databases of sex offender work with other agencies of the General's authority to create exceptions information, sharing of the information Department of Justice, the Department to required information disclosure with law enforcement and supervision of Homeland Security, the Department under 42 U.S.C. 16921(b). Accordingly, agencies, and sharing of the information of State, and the Department of Defense if a jurisdiction decides not to include with registration authorities in other on the development of a system for information on a juvenile delinquent jurisdictions. See 73 FR at 38060. The consistently identifying and tracking sox sex offender on its public Web site, as change also does not limit the discretion offenders who engage in international is allowed by these supplemental of jurisdictions to include on their travel. Although, as noted, the current guidelines, information on the sex public Web sites functions by which Guidelines require reporting of offender does not have to be disclosed members of the public can ascertain international travel information in to these entities. whether a specified e-mail address or certain circumstances, the existing B. Internet Identifiers other Internet identifier is reported as requirements are not sufficient to that of a registered sex offender, see id. provide the information needed for The KIDS Act, which was enacted in tracking such travel consistently. 2008, directed the Attorney General to at 38059-60, or to disclose Internet identifier information to any one by The authority under 42 U.S.C. utilize pre•oxisting legal authorities 16914(a)(7) to expand the range of under SORNA to adopt certain measures means other than public Web site required registration information is relating to sox offenders' "Internet posting. The exemption of sex offenders' accordingly exercised to provide that identifiers," defined to mean e-mail registrants must be required to inform addresses and other designations used Internet identifiers from public Web site disclosure does not override or limit the their residence jurisdictions of intended for self-identification or routing in travel outside of the United States at Internet communication or posting. The requirement that sex offenders' names, least 21 days in advance of such travel. KIDS Act requires the Attorney General including any aliases, be included in Pursuant to 42 U.S.C. 16921(b), to (i) include appropriate Internet their public Web site postings. See 73 jurisdictions so informed must provide identifier information in the registration FR at 38059. A sex offender's use of his the international travel information to information sox offenders are required name or an alias to identify himself or the U.S. Marshals Service, and must to provide, (ii) specify the time and for other purposes in Internet communications or postings does not transmit or make available that manner for keeping that information information to national databases, law current, (iii) exempt such information exempt the name or alias from public enforcement and supervision agencies, from public Web site posting, and (iv) Web site disclosure. and other jurisdictions as provided in ensure that procedures are in place to 11. Interjurisdictional Tracking and the Guidelines. See 73 FR at 38060. notify sex offenders of resulting Information Sharing Jurisdictions need not disclose obligations. See 42 U.S.C. 16915a. international travel information to the The SORNA Guidelines incorporate A. International Travel entities described in the SORNA requirements (i)-(ii) and (iv), as Certain features of SORNA and the Guidelines at 73 FR 38061-i.e., certain described above. See 73 FR at 38055 SORNA Guidelines require the school, public housing, social service, (Internet identifiers to be included in Department of Justice, in conjunction and volunteer entities, and other registration information), 38066 with other Federal agencies, to develop organizations, companies, or (reporting of changes in Internet reliable means for identifying and individuals who request notification. identifiers), 38063-65 (notifying sex tracking sex offenders who enter or See 42 U.S.C. 16921(b). As the offenders of SORNA requirements). leave the United States. See 42 U.S.C. international tracking system continues However, while the Guidelines 16928; 73 FR at 38066-67. To that end, to develop, the SMART Office may issue discouraged the inclusion of sox the Guidelines provide that sex additional directions to jurisdictions to offenders' Internet identifiers on the offenders must be required to inform provide notification concerning EFTA01119342 1638 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices international travel by sex offenders, jurisdictions must use the SORNA requirements are to be obtained from such as notice to Interpol, or notice to Exchange Portal in their information registrants as part of the SORNA Department of Defense agencies sharing regarding sex offenders in implementation process and thereafter. concerning sex offenders who may live conformity with any guidance issued by See 73 FR at 38063-65. As with other on U.S. military bases abroad. Likewise, the SMART Office on use of the Portal. forms of documentary registration the SMART Office may issue additional Technological improvements may information, the inclusion of these directions to jurisdictions concerning facilitate the creation of new tools that forms in registration information can be the information to be required in sex may eventually replace the existing effected by scanning the forms and offenders' reports of intended SORNA Exchange Portal. If that occurs, including the resulting electronic international travel, such as information the SMART Office may issue directions documents in the registry databases or concerning expected itinerary, to jurisdictions concerning the use of by including links or information that departure and return dates, and means these new tools that jurisdictions will provides access to other databases in and purpose of travel. need to follow to be approved as which the signed acknowledgments are While notice of international travel substantially implementing SORNA. available in electronic form. See 73 FR will generally be required as described at 38055. above, it is recognized that requiring 21 C. Acknowledgment Forms days advance notice may occasionally SORNA provides that sex offenders III. Ongoing Implementation Assurance be unnecessary or inappropriate. For are to be informed of their registration The SORNA Guidelines explain that example, a sex offender may need to obligations and required to sign the SMART Office will determine travel abroad unexpectedly because of a acknowledgments that this information whether jurisdictions have substantially family or work emergency. Or separate has been provided upon their initial implemented the SORNA requirements advance notice of intended international registration. See 42 U.S.C. 16917. Even in their programs and that jurisdictions trips may be unworkable and before the enactment of SORNA, similar are to provide submissions to the pointlessly burdensome for a sex requirements were included in the SMART Office to facilitate this offender who lives in a northern border predecessor national standards for sex determination. See 42 U.S.C. 16924-25; state and commutes to Canada for work offender registration and notification of 73 FR at 38047-48. on a daily basis. Jurisdictions that wish the Jacob Wetterling Crimes Against SORNA itself and the Guidelines to accommodate such situations should Children and Sexually Violent Offender assume throughout that jurisdictions include information about their policies Registration Act (42 U.S.C. must implement SORNA in practice, not or practices in this area in their 14071(b)(1)(A), prior to its repeal by just on paper, and the Guidelines submissions to the SMART Office and SORNA). provide many directions and the SMART Office will determine SORNA requires jurisdictions to suggestions for putting the SORNA whether they adequately serve SORNA's provide criminal penalties for sex standards into effect. See, e.g., 42 U.S.C. international tracking objectives. offenders who fail to comply with 16911(9), 16912(a), 16913(c), 16914(b), SORNA's requirements, see 42 U.S.C. 16917, 16918, 16921(b), 16922; 73 FR at B. Domestic Interprisdictionol Tracking 16913(e), and Federal criminal liability 38059-61, 38063-70. The Department of SORNA and the SORNA Guidelines is authorized for sex offenders who Justice and the SMART Office are require interjurisdictional sharing of knowingly fail to register or update a making available to jurisdictions a wide registration information in various registration as required by SORNA range of practical aids to SORNA contexts and SORNA directs the under circumstances supporting Federal implementation, including software and Attorney General, in consultation with jurisdiction, see 18 U.S.C. 2250. communication systems to facilitate the the jurisdictions, to develop and Successful prosecution of sex offenders exchange of sex offender information support software facilitating the for registration violations under these among jurisdictions and other immediate exchange of information provisions may require proof that they technology and documentary tools. See among jurisdictions. See 42 U.S.C. were aware of a requirement to register. 42 U.S.C. 16923; 73 FR at 38031-32, 16913(c), 16919(b), 16921(b)(3), 16923; The acknowledgment forms signed by 38047. 73 FR at 38047, 38062-68. The SMART sax offenders regarding their registration Hence, implementation of SORNA is Office accordingly has created and obligations are likely to be the most not just a matter of adopting laws or maintains the SORNA Exchange Portal, consistently available and definitive rules that facially direct the which enables the immediate exchange proof of such knowledge. Including performance of the measures required of information about registered sex these forms in registration information by SORNA. It entails actually carrying offenders among the jurisdictions. will make them readily available in the out those measures and, as noted, Regular use of this tool is essential to jurisdictions in which sex offenders are various forms of guidance and ensuring that information is reliably initially registered, and will make them assistance have been provided to that shared among jurisdictions and that available to other jurisdictions pursuant end. Accordingly, in reviewing interjurisdictional tracking of sex to the provisions of SORNA and the jurisdictions' requests for approval as offenders occurs consistently and Guidelines for transmission of having substantially implemented effectively as SORNA contemplates. For registration information to other SORNA, the SMART Office will not be example, if a jurisdiction sends notice jurisdictions. See 42 U.S.C. 16921(6)(3); limited to facial examination of that a sex offender has reported an 73 FR at 38060. registration laws and policies, but rather intention to change his residence to The authority under 42 U.S.C. will undertake such inquiry as is another jurisdiction, but the destination 16914(b)(8) to expand the range of needed to ensure that jurisdictions are jurisdiction fails to access the notice required registration information is substantially implementing SORNA's promptly, the sex offender's failure to accordingly exercised to require that sex requirements in practice. Jurisdictions appear or register in the destination offenders' signed acknowledgment can facilitate approval of their systems jurisdiction may go unnoticed or forms be included in their registration by including in their submissions to the detection of the violation may be information. The existing Guidelines SMART Office information concerning delayed. Accordingly, as a necessary already provide that acknowledgment practical implementation measures and part of SORNA implementation, forms covering the SORNA mechanisms, in addition to relevant EFTA01119343 Federal Register/Vol. 76, No. 7/Tuesday, January 11, 2011/Notices 1639 laws and rules, such as policy and particularly where they have left the convictions but fall within the procedure manuals, description of justice system and merged into the registration categories of SORNA or the infrastructure and technology resources, general population long ago, but that it jurisdiction's registration law. and information about personnel and will be feasible for jurisdictions to do so budgetary measures relating to the in relation to sex offenders who remain V. Newly Recognized Tribes operation of the jurisdiction's in the justice system or reenter it SORNA affords eligible federally- registration and notification system. The through a subsequent criminal recognized Indian tribes a one-year SMART Office may require jurisdictions conviction. See 73 FR at 38046. period, running from the date of to provide additional information, Experience supports a qualification of SORNA's enactment on July 27, 2006, to beyond that proffered in their this assumption in relation to sex elect whether to become SORNA submissions, as needed for a offenders who have fully exited the registration jurisdictions or to delegate determination. justice system but later reenter it their registration functions to the states Jurisdictions that have substantially through a subsequent criminal within which they are located. See 42 implemented SORNA have a continuing conviction for a non-sex offense that is U.S.C. 16927(a)(1), (2)(B); 73 FR at obligation to maintain their system's relatively minor in character. (Where 38049—50. In principle there is no consistency with current SORNA the subsequent conviction is for a sex reason why an Indian tribe that initially standards. Those that are grantees under offense it independently requires receives recognition by the Federal the Byrne Justice Assistance Grant registration under SORNA.) In many government following the enactment of program will be required in connection jurisdictions the volume of SORNA should be treated differently for with the annual grant application misdemeanor prosecutions is large and SORNA purposes from other federally process to establish that their systems most such cases may need to be recognized tribes. But if such a tribe is continue to meet SORNA standards. disposed of in a manner that leaves little initially recognized more than a year This will entail providing information time or opportunity for examining the after the enactment of SORNA, then the as directed by the SMART Office, in defendant's criminal history and limitation period of § 16927 will have addition to the information otherwise ascertaining whether it contains some passed before the tribe became the kind included in Byrne Grant applications, so past sex offense conviction that would of entity (a federally recognized tribe) that the SMART Office can verify entail a present registration requirement that may be eligible to become a SORNA continuing implementation. under SORNA. In contrast, where the registration jurisdiction. Jurisdictions that do not apply for Byrne subsequent offense is a serious crime, Where the normal starting point of a Grants will also be required to ordinary practice is likely to involve statutory time limit for taking an action demonstrate periodically that their closer scrutiny of the defendant's past cannot sensibly be applied to a certain systems continue to meet SORNA criminal conduct, and ascertaining entity, statutes have been construed in standards as directed by the SMART whether it includes a prior conviction some circumstances to allow the entity Office, and to provide such information requiring registration under SORNA as the SMART Office may require to should not entail an onerous new a reasonable amount of time to take the make this determination. burden on jurisdictions. action. See Chicago & Alton R.R. Co. v. If a jurisdiction's Byrne Justice These supplemental guidelines Tranbarger, 238 U.S. 67, 73-74 (1915). Assistance Grant funding is reduced accordingly are modifying the This principle will be applied to 42 because of non-implementation of requirements for substantial U.S.C. 16927 to allow Indian tribes that SORNA, it may regain eligibility for full implementation of SORNA in relation to receive Federal recognition following funding in later program years by sex offenders who have fully exited the the enactment of SORNA a reasonable substantially implementing SORNA in justice system, i.e., those who are no amount of time to elect whether to such later years. The SMART Office will longer prisoners, supervisees, or become SORNA registration continue to work with all jurisdictions registrants. It will be sufficient if a jurisdictions as provided in that section, to ensure substantial implementation of jurisdiction registers such offenders and to allow such tribes a reasonable SORNA and verify that they continue to who reenter the system through a amount of time for substantial meet the requirements of SORNA on an subsequent criminal conviction in cases implementation of SORNA if they elect ongoing basis. in which the subsequent criminal to be SORNA registration jurisdictions. conviction is for a felony, i.e., for an In assessing what constitutes a IV. Retroactive Classes offense for which the statutory reasonable amount of time for these SORNA's requirements apply to all maximum penalty exceeds a year of purposes, the Department of Justice will sex offenders, regardless of when they imprisonment. This allowance is look to the amount of time SORNA were convicted. See 28 CFR 72.3. limited to cases in which the generally affords for tribal elections and However, the SORNA Guidelines state subsequent conviction is for a non-sex for jurisdictions' implementation of the that it will be deemed sufficient for offense. As noted above, a later SORNA requirements. Hence, a tribe substantial implementation if conviction for a sex offense receiving Federal recognition after jurisdictions register sex offenders with independently requires registration SORNA's enactment that otherwise pre-SORNA or pre-SORNA- under SORNA, regardless of whether it qualifies to make the election under implementation sex offense convictions is a felony or a misdemeanor. 16927(a) will be afforded a period of who remain in the system as prisoners, This allowance only establishes the one year to make the election, running supervisees, or registrants, or who minimum required for substantial from the date of the tribe's recognition reenter the system through a subsequent implementation of SORNA in this or the date of publication of these criminal conviction. See 73 FR at context. Jurisdictions remain free to supplemental guidelines, whichever is 38035-36, 38043, 38046-47, 38063-64. look more broadly and to establish later. Likewise, such a tribe will be This feature of the Guidelines reflects an systems to identify and register sex afforded a period of three years for assumption that it may not be possible offenders who reenter the justice system SORNA implementation, running from for jurisdictions to identify and register through misdemeanor convictions, or the same starting point, subject to up to all sex offenders who fall within the even those who do not reenter the two possible one-year extensions. See SORNA registration categories, system through later criminal 42 U.S.C. 16924. EFTA01119344 1640 Federal Register/Vol. 76, No. 7 /Tuesday, January 11, 2011 /Notices Dated: January 7.2011. for the proper performance of the Dated: January 6.2011. Eric H. Holder, Jr., functions of the agency, including Lynn Murray. Attorney General. whether the information will have Department Clearance Officer, PRA. United IFR Doc. 2011-505 Piled 1-10-11: a:45 aml practical utility; States Department of Justice. BILLING CODE 4410-18-P —Evaluate the accuracy of the agencies IFS Doc. 2011-388 Filed 1-10-11: 8:45 aml estimate of the burden of the BILLING CODE 4810-FY.-P proposed collection of information, DEPARTMENT OF JUSTICE including the validity of the methodology and assumptions used: DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, —Enhance the quality, utility, and and Explosives clarity of the information to be Office of Justice Programs [OMB Number 1140-0098] collected; and —Minimize the burden of the collection [OJP (BJA) Docket No. 1542] Agency Information Collection of information on those who are to Activities: Proposed Collection; respond, including through the use of Establishment of the Office of Justice Comments Requested appropriate automated, electronic, Programs' Science Advisory Board AcnoN: 30-Day Notice ofInformation mechanical, or other technological collection techniques or other forms AGENCY: Office of Justice Programs Collection Under Review: Prevent All (OJP), Justice. Cigarette Trafficking (PACT) Act of information technology, e.g., Registration Form. permitting electronic submission of ACTION: Notice of establishment of responses. federal advisory committee. The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, Overview of This Information and Explosives (ATF) will be submitting Collection SUMMARY: The OJP Science Advisory Board is being established in accordance the following information collection (1) Type ofInformation Collection: request to the Office of Management and with the provisions of the Federal Extension of a currently approved Advisory Committee Act (FACA), as Budget (OMB) for review and approval collection. amended, 5 U.S.C., App. 2. The OJP in accordance with the Paperwork (2) Title of the Form/Collection: Reduction Act of 1995. The proposed Science Advisory Board will provide Prevent All Cigarette Trafficking (PACT) OJP, a component of the Department of information collection is published to Act Registration Form. Justice, with valuable advice in the obtain comments from the public and (3) Agency form number, if any, and affected agencies. This proposed areas of social science and statistics for the applicable component of the the purpose of enhancing the overall information collection was previously Department ofJustice sponsoring the impact and performance of its programs published in the Federal Register collection: Form Number: ATF F 5070.1. Volume 75, Number 210, page 67119 on and activities in criminal and juvenile Bureau of Alcohol, Tobacco, Firearms justice. The Board will provide input November 1, 2010, allowing for a 60-day and Explosives. into developing long-range plans, advise comment period. (4) Affected public who will be asked The purpose of this notice is to allow on program development, and provide for an additional 30 days for public or required to respond, as well as a brief guidance to ensure adherence to the comment until February 10, 2011. This abstract: Primary: Business or For- highest levels of scientific rigor, as process is conducted in accordance with Profit. Other: None. Abstract: The appropriate. The Board will provide an 5 CFR 1320.10. purpose of this information collection is important base of contact with the Written comments and/or suggestions to register delivery sellers of cigarettes criminal justice academic and regarding the items contained in this and/or smokeless tobacco products with practitioner communities, and is notice, especially the estimated public the Attorney General in order to necessary and in the public interest. The burden and associated response time, continue to sell and/or advertise these Board's Charter is subject to renewal should be directed to the Office of tobacco products. Respondents will and will expire two years from its filing. Management and Budget. To ensure that register the information on ATF F The OW Science Advisory Board is comments on the information collection 5070.1. continuing in nature, to remain are received, OMB recommends that (5) An estimate of the total number of functional until the Attorney General written comments be faxed to the Office respondents and the amount of time determines that all necessary duties of Information and Regulatory Affairs, estimated for an average respondent to have been performed. OMB, Attn: DOJ Desk Officer, Fax: 202- respond: There will be an estimated FOR FURTHER INFORMATION CONTACT: 395-7285, or e-mailed to 3,000 respondents, who will take 1hour Marlene Beckman. Designated Federal oira_submissioraomb.eop.gov. All to complete the form. Officer (DFO), Office of the Assistant comments should be identified with the (6) An estimate of the total burden (in Attorney General, Office of Justice OMB control number (1140—XXXX). hours) associated with the collection: Programs, 810 7th Street Northwest, Also include the DOJ docket number There are an estimated 3,000 total Washington, DC 20531; Phone: (202) found in brackets in the heading of this burden hours associated with this 616-3562 (Note: this is not a toll-free document. collection. number]; E-mail: Comments and suggestions from the If additional information is required marlene.beckmaneusdolgov. public and affected agencies concerning contact: Lynn Murray, Department the proposed collection of information Dated: January 5.2011. Clearance Officer, United States are encouraged. Your comments should Department of Justice, Policy and Marlene Beckman, address one or more of the following Planning Staff, Justice Management Counsel and SAB DPO, Office of the Assistant four points: Division, Two Constitution Square, Attorney General, Office of Justice Programs. —Evaluate whether the proposed Room 2E—502, 145 N Street, NE., In Doc. 2011-290 Flied 1-10-11: a:45 aml collection of information is necessary Washington, DC 20530. BILLING CODE 4410-18-P EFTA01119345