Source: ACSOL UPDATE: The federal district court in Riverside has delayed the hearing in the SORNA regulations case. The new date for the hearing is January 13. The hearing is scheduled to begin at 9 a.m. and is open to the public. The hearing can also be viewed online. Additional details regarding how to view the hearing online will be provided close to the hearing date.
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LA: Lutcher Man Sentenced to for Failure to Report International Travel as a Sex Offender
Source: justice.gov 10/21/22 NEW ORLEANS, LOUISIANA U.S. Attorney Duane A. Evans announced that WILLIE WALKER, age 56, was sentenced on October 14, 2022 by Chief United States District Judge Nannette Jolivette Brown to a probationary term of five years for failure to report international travel as a sex offender under the federal Sex Offender Registration and Notification Act (SORNA). According to court documents, WALKER was convicted in Washington State in 2002 of a sex offense that required him to register as a sex offender for life. In addition to registering as a sex offender, WALKER was…
Read MoreAmended Complaint Filed in SORNA Regulations Lawsuit
Source: ACSOL An amended complaint was filed in federal district court yesterday in the lawsuit challenging SORNA regulations which became effective in January 2022. The amended complaint adds three plaintiffs using the pseudonyms “John Does 2, 3 and 4.” The amended complaint also includes the two original plaintiffs — John Doe 1 and ACSOL. According to the amended complaint, John Does 1 through 3 are no longer required to register in the states in which they currently reside, however, they are required to register under SORNA. John Doe 4 is…
Read MoreFederal Court Denies Injunction, Allows Amended Complaint and New Motion
Source: ACSOL A federal court today denied a motion requesting a preliminary injunction in a case challenging the SORNA regulations. The court’s decision was based upon a determination that the sole individual plaintiff, John Doe, lacks legal standing because he has already registered for the time period required by his SORNA tier. The judge then provided plaintiffs with an opportunity to file an amended complaint within 14 days as well as to file a subsequent motion for preliminary injunction. During today’s hearing, the parties discussed whether SORNA regulations apply to…
Read MoreSORNA Regulations Hearing Postponed Again. Now it is on September 26
Source: ACSOL The federal district court has once again postponed the date of the hearing during which arguments in support of and in opposition to a pending Motion for Preliminary Injunction (PI) was to take place. The new hearing date is September 26. The location remains the same — U.S. District Court in Riverside, California. This is the sixth scheduled hearing date for the PI motion. The hearing date has been changed three times at the request of the Attorney General and three times by the court. It is possible…
Read More****Fifth Update: SORNA Regulations Hearing Rescheduled for Sept 12, 9am PT. Zoom available.
Source: ACSOL Update as of Aug 17, 2022: The hearing date has again changed. The new hearing date is now set for Sept 12, 2022 at 9:00 am Pacific Time. Click below to read the document filed with court requesting that the judge change the hearing date from Aug. 29 to another date to be determined. The reason given is that the assistant U.S. attorney has a scheduling conflict. Stip to Continue date for hearing on PI motion – Aug 2022 A hearing is in a federal district court to…
Read MoreCongress can’t punt its lawmaking responsibility to the attorney general
Source: thehill.com 6/6/22 Congress makes the law; you are innocent until proven guilty; and everyone is entitled to due process of law. These are elementary principles of American government that we all learn in grade school. But they are threatened when Congress gives the U.S. attorney general unilateral power to write the criminal laws his office is charged with enforcing. It shouldn’t be controversial to say that someone must not go to prison unless he broke a law written by Congress (or a state legislature). But Attorney General Merrick Garland…
Read MoreJanice’s Journal: The Wheels of Justice are Moving
The wheels of justice are moving in California and across the nation. Perhaps the wheels of justice will take us to The Tipping Point where the public will recognize there is no need for registries and that those currently listed on a registry as well as their families will be allowed to lead peaceful and productive lives. In California, a significant lawsuit was filed in federal court this week that challenges the SORNA regulations that became effective earlier this year. The lawsuit includes a request for an injunction which, if…
Read MoreSOLPRC’s Guide for Practitioners to New Federal SORNA Regulations Effective January 7, 2022
Source: mitchellhamline.edu 5/2/22 On December 8, 2021, the Department of Justice (“DOJ”) published regulations regarding the implementation of the Sex Offender Registration and Notification Act (“SORNA”). The new regulations are notable for their emphasis on the responsibility of individuals with prior sex offense convictions to ensure compliance with Federal SORNA even where relevant state registration schemes maintain different requirements. In light of the new regulations, and with the assistance of a number of attorneys and academics working in this area, SOLPRC has prepared a short guide to assist legal practitioners…
Read MoreACSOL Joins Pacific Legal Foundation in Challenge to SORNA Regulations
Source: ACSOL The Alliance for Constitutional Sex Offense Laws (ACSOL) today signed a Memorandum of Understanding (MOU) with the Pacific Legal Foundation (PLF) to challenge the federal SORNA regulations that became effective in January 2022. As a signatory to the MOU, ACSOL has agreed to serve as a named plaintiff in the lawsuit which will be filed in the Central district of California, a federal trial court. The remaining plaintiff is a registrant who resides in California and will be known as “John Doe.” The lawsuit will include a request…
Read MoreThe Supreme Court Won’t Dismantle the Administrative State Quite Yet
Source: barrons.com 4/19/21 Progressives, conservatives, investors and Supreme Court-watchers are all anxiously awaiting the court’s decisions later this spring in two cases—American Hospital Association v. Becerra and West Virginia v. Environmental Protection Agency—which some experts have warned could sound a death knell for the “administrative state.” Not so fast: the authority of regulators is likely to be further limited, but not gutted. That’s the broad takeaway I got from moderating a recent panel for the Brookings Institution of constitutional and administrative law experts—Professors Anne Joseph O’Connell, Susan Rose-Ackerman, Ilya Wurman and…
Read MoreACSOL Files SORNA Regulations Complaint with DOJ’s Inspector General
The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a complaint regarding the new SORNA regulations with the Inspector General of the U.S. Department of Justice. According to that complaint, the regulations are unlawful for several reasons. First, the regulations are not based on empirical evidence which demonstrate that most individuals required to register no longer pose a current risk to society. This evidence includes studies conduct by and reports issued by both government and academic sources. Second, the regulations create an unfunded mandate upon both state and local…
Read MorePA: Another Blow to SORNA I with Failure to Register Conviction Relief
Source: parsol.org 12/28/21 December 22, 2021 has seen the release of many case opinions from the PA Supreme Court (SCOPA) with Commonwealth v. David Santana being the biggest win for our advocacy efforts. In a 5-2 decision, SCOPA affirmed the Superior Court’s opinion that “Mr. Santana’s registration requirement under SORNA was an after-the-fact punishment, and therefore unconstitutional. Accordingly, he had no duty to comply with those requirements and his conviction for ignoring them, under 18 Pa.C.S.A. § 4915.1(a)(3) [failure to provide accurate information], was a manifest injustice and must be…
Read MoreFederal SORNA Regulations Litigation Fund Now Has Matching Grant Program
UPDATE FROM JANICE 12/15/21: We made it! During the past 6 hours, we crossed the finish line and will be able to fully match the $15,000 grant. That means ACSOL has raised at least $30,000 to challenge the new SORNA regulations. Sincere thanks to everyone who donated $5 to $500! Your donation made a difference and so will our litigation. Of course we welcome additional donations so we can continue to increase the fight for justice! The federal government published final SORNA regulations last week that cause great uncertainty…
Read MoreACSOL Leaders Discussed New SORNA Regulations
UPDATED: Click here to find out how your donation to fight SORNA regulations will be doubled! ACSOL President Chance Oberstein and ACSOL Executive Director Janice Bellucci discussed the new SORNA regulations during an “emergency” meeting held on Dec. 11 for two and a half hours. The meeting was attended by about 250 people from at least 10 different states. “ACSOL thanks everyone who attended Saturday’s meeting regarding the new SORNA regulations,” stated Bellucci. “It was an opportunity for registrants and family members to hear the views of two experienced and…
Read MoreACSOL News Alert: $5,000 Challenge Grant Offered to Challenge SORNA Regulations!
An anonymous donors has offered to match up to $5,000 in donations in order to challenge the proposed SORNA regulations which were published in the Federal Register in August 2020 and approved by the Office of Management and Budget (OMB) in October 2021. Under the terms of the challenge grant, the donor will provide $1 for every $1 in donations from others. “We thank the donor of this challenge grant for both his generosity as well as his wisdom that resources will be required to challenge the proposed SORNA regulations,”…
Read MoreACSOL to Conduct SORNA Regulations Meeting on November 1 at 3pm PT
The Alliance for Constitutional Sex Offense Laws (ACSOL) will conduct a meeting on Monday, November 1 starting at 3 p.m. (Pacific) to discuss the proposed SORNA regulations. ACSOL President Chance Oberstein and ACSOL Executive Director Janice Bellucci will lead that meeting using Zoom technology. The recording of the meeting is now available here. Click here to learn how to fight these terrible SORNA regulations ACSOL SORNA Regulations Meeting: recording now available
Read MoreNational Action Alert: Write and Call! SORNA Regulations Moving Forward, Now Awaiting AG Approval
UPDATED NEWS 12/8/2021: Unfortunately, this is going to be implemented. Read more here ACSOL’s Response to the proposed regulations: Download a PDF of the following letter http://ww1.all4consolaws.org/wp-content/uploads/2021/10/Proposed-regulations-Aug-2020.pdf http://ww1.all4consolaws.org/wp-content/uploads/2021/10/Response-to-proposed-regs-Oct-2020-FINAL.pdf
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