Substantial Implementation FAQs
- What is substantial implementation?
- When is the deadline for substantial implementation?
- What are the consequences for jurisdictions that fail to substantially implement SORNA by July 27, 2010?
- What is the SORNA tiering system?
- What is substantial implementation?
Because every jurisdiction’s laws and policies differ, the SMART Office must work within the framework of SORNA’s final guidelines provided by the Attorney General when determining substantial implementation, and we offer the following guidance to help jurisdictions institute SORNA-compliant laws, policies, and procedures.
The guidelines state that jurisdictions’ programs cannot be approved if they substitute some approach to sex offender registration and notification that does not incorporate SORNA’s baseline requirements. In addition, the guidelines state that implementation programs cannot be approved if they dispense wholesale with categorical requirements set forth in SORNA.
On the other hand, the guidelines do provide that a jurisdiction’s implementation efforts that do not exactly follow all specifications of SORNA or the guidelines may be approved. The guidelines require SMART to consider, on a case-by-case basis, whether jurisdictions’ departure from a SORNA requirement will or will not substantially disserve the objectives of the requirement.
After assessing whether a jurisdiction has sufficiently addressed each SORNA requirement, SMART examines the jurisdiction’s implementation program as a whole to determine if it promotes the overall objectives of SORNA.
Jurisdictions should reach out to the SMART Office as early as possible when developing their SORNA implementation program and discuss specific issues that may arise. SMART will be as flexible as possible within the framework established by the Act and the guidelines, and looks forward to advising each jurisdiction in efforts to achieve substantial implementation.
See Part II.B and E of the Final Guidelines for more detail.
- When is the deadline for substantial implementation?
The deadline for substantial implementation is now July 27, 2010. A blanket extension was provided to all registration jurisdictions in 2009, and another 1-year extension may be allowed. The SMART Office requests that submissions establishing implementation of the SORNA requirements or requests for extensions be received by the SMART Office by April 27, 2010. If a jurisdiction is requesting an extension, the submission to the SMART Office should include a description of the jurisdiction’s implementation efforts, and an explanation as to why an extension is needed. Jurisdictions submitting submissions for substantial compliance may in tandem submit a request for an extension.
See Part II.E of the Final Guidelines for more detail.
- What are the consequences for jurisdictions that fail to substantially implement SORNA by July 27, 2010?
States, tribes, and territories that fail to substantially implement SORNA by July 27, 2010 (and have not been granted a time extension) are subject to a 10% reduction in funding under 42 U.S.C. §3750 et seq. ("Byrne Justice Assistance Grant" funding).
The additional consequences for Indian Tribes that fail to substantially implement SORNA by July 27, 2009 are detailed in the Indian Country FAQs.
See Parts II.A and II.E of the Final Guidelines for more detail.
- What is the SORNA tiering system?
The use of the "tier" classifications in SORNA relates to substance, not form or terminology. Thus, to implement the SORNA requirements, jurisdictions do not have to label their sex offenders as "tier I," "tier II," and "tier III," and do not have to adopt any other particular approach to labeling or categorization of sex offenders. Rather, the SORNA requirements are met as long as sex offenders who satisfy the SORNA criteria for placement in a particular tier are consistently subject to at least the same minimum duration of registration, frequency of in-person appearances for verification, and extent of website disclosure that SORNA requires for that tier.
Tier I: Predicate offenses include whatever offenses do not support a higher classification, such as misdemeanor registration offenses and child pornography possession.
Tier II: Predicate offenses include most felonious sexual abuse or sexual exploitation crimes involving victims who are minors, including distribution and production of child pornography.
Tier III: Predicate offenses generally encompass sexual assaults involving sexual acts regardless of victim age, sexual contact offenses against children below the age of 13, nonparental kidnapping of minors, and attempts or conspiracies to commit such offenses.
See Part V of the Final Guidelines for more detail.
