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Release of Final National Guidelines

The SMART Office is actively engaged in helping all jurisdictions implement the Sex Offender Registration and Notification Act (SORNA). The U.S. Department of Justice published the proposed National Guidelines for Sex Offender Registration and Notification in May, 2007 with the public comment period ending on August 1, 2007. The SMART Office received more than 275 comments about issues such as applying SORNA retroactively, requiring juvenile sex offenders to register and be included on the public registry, and implementing the Adam Walsh Child Protection and Safety Act in Indian Country.

The final National Guidelines for Sex Offender Registration and Notification, released by the Attorney General on July 1, 2008, is grouped into the following sections:

  • Part I contains a comprehensive introduction and overview of the contents.

  • Part II discusses terminology, minimum national standards, retroactivity, automation—electronic databases and software, and implementation.

  • Part III defines “jurisdiction” under SORNA, describes which registration functions jurisdictions may delegate, and discusses tribal considerations extensively.

  • Part IV addresses covered sex offenses and sex offenders, describing convictions generally, foreign convictions, sex offenses generally, specified offenses against minors, and protected witnesses. Part IV also discusses registration of juveniles who are 14 years of age or older and who are adjudicated delinquent for a criminal offense involving a sexual act—meaning any degree of genital or anal penetration, or any oral-genital or oral-anal contact—that also involves force, threat of serious violence, actions that render the victim unconscious, or drugging of a victim without his or her knowledge.

  • Part V provides additional guidance on a number of topics, including the tiering of sex offenses.

  • Part VI discusses required registration information.

  • Part VII clearly identifies the eight core types of information required to be displayed on a jurisdiction’s public sex offender web site.

  • Part VIII discusses where registration is required.

  • Part IX describes the details required in the initial registration of a sex offender.

  • Part X makes clear what is required to keep the registry information up to date.

  • Part XI describes when sex offenders are required to make an in-person appearance with registry officials.

  • Part XII discusses the duration of SORNA’s registration requirements.

  • Part XIII addresses the steps that jurisdictions must take to enforce their registration requirements under SORNA.
Contents
  • Release of Final National Guidelines
    On July 1, 2008, the Attorney General released the U.S. Department of Justice’s final National Guidelines . . . arrow More

  • SMART To Provide Web-Based Software Tools
    The SMART Office is developing several web-based software resources to assist jurisdictions . . . arrow More

  • SMART Develops Registry Options for Indian Country and Territories
    Territories and federally recognized Indian tribes must create and maintain . . . arrow More
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