Date: 07/29/2011
Virginia Supporters,
The Federal law that required States to create their Sex Offender Registries came with a long list of guidelines created by the SMART Office and the Office of the U.S. Attorney General. Any state that did not meet the requirements by July 27, 2011 risks loosing 10% of their Byrne/JAG Grant money annually.
For the last 34 months our website has tracked articles (http://www.rsolvirginia.org/news/in-the-news/ ) from across the U.S. on AWA/SORNA compliancy, we’ve had a SORNA/SMART page (http://www.rsolvirginia.org/sorna-smart/ ) with links to all their updates and revised guidelines for States to comply with, an AWA page (http://www.rsolvirginia.org/adam-walsh-act/) and a Byrne/JAG grant page (http://www.rsolvirginia.org/assistance-programs/).
All so you could understand what these laws and groups wanted from the state of Virginia and what the state would loose if they did not enact each guideline as Virginia law.
The RSOL of Virginia attended two SORNA compliance Judiciary hearings in Washington DC, the first on March 10, 2009 (http://www.rsolvirginia.org/news/bulletin-board/posting-49-%e2%80%93rsol-of-nh-summary-of-march-10-sorna-hearing/) and then on February 15, 2011 (http://www.rsolvirginia.org/news/bulletin-board/posting-316/) where an extension of the July 27, 2011 deadline was discussed but never implemented.
We knew when the 2011 Virginia General Assembly ended back in March that the Commonwealth of Virginia would not make the 2011 deadline as no laws passed to get Virginia compliant per the SMART requirements.
Until June 2011 only 8 states had successfully met the SMART guidelines. Then as the deadline approached 6 more states supposedly made the cut at the 11th hour. But our question is did they really meet the requirements or is the SMART Office willing to claim compliancy for 14 out of 50 states to keep the pressure on for the other 36 States to become compliant?
- Ohio (As of 09/30/09 SORNA compliant state)
- Delaware (As of 05/03/10 SORNA compliant state)
- Florida (As of 05/18/10 SORNA compliant state)
- South Dakota (As of 10/15/10 SORNA compliant state)
- Michigan (As of 05/12/11 SORNA compliant state)
- Nevada (As of 05/12/11 SORNA compliant state)
- Wyoming (As of 05/12/11 SORNA compliant state)
- Louisiana (As of 07/07/11 SORNA compliant state)
- Alabama Are they really compliant? 07/27/11
- Kansas Are they really compliant? 07/27/11
- Maryland Are they really compliant? 07/27/11
- Mississippi Are they really compliant? 07/27/11
- Missouri Are they really compliant? 07/27/11
- South Carolina Are they really compliant? 07/27/11
Both Texas (http://www.senate.state.tx.us/75r/Senate/commit/c590/c590.InterimReport81.pdf Pages 13-19 the state of Texas recommends NOT becoming Adam Walsh Act compliant) and California in 2010 stated they WILL NOT become AWA/SORNA compliant because their current registries and classification systems are far better than the SMART guidelines, they will not publically post juveniles on their registries and the multi-millions of dollars it would cost to become AWA compliant is not worth the 10% loss of their Byrne Grants.
Last year in Virginia the 10% would have equaled $600,000.
Per the VSCC PowerPoint presentations from July 25, 2011 (http://www.rsolvirginia.org/va-crime-commission/) for Virginia to become AWA compliant the Virginia State Police would have to increase offender home visits from twice a year to four times a year. To double the home visits the VSP would have to hire 88 more State Troopers and 11 support staff. At an initial cost of $12.5 million and then $8.5 million every year after, all to save approximately $600,000 per year. During the VSCC meeting Senator Janet Howell pointed this huge expense for a small savings out to the room. The VSP is currently understaffed (http://hamptonroads.com/2011/07/virginia-state-police-are-stretched-thin and http://www2.tricities.com/news/2011/jun/22/virginia-state-police-feeling-stress-lack-troopers-ar-1124821/) and we all know the state budget doesn’t have $12.5 million now and an extra $8.5 million for each year following.
So for now we wait to hear if the U.S. Judiciary Committee extends the AWA deadline that has already passed or if they adjust the penalties to the 36 states that did not meet the SMART guidelines.
The Virginia State Crime Commission is currently studying the Virginia Sex Offender Registry and they will vote on any future steps at their December 2011 meeting to prepare for the General Assembly session that begins in Richmond on January 11, 2012.
The RSOL of Virginia will monitor all the 2012 Virginia General Assembly bills as we have for the last 3 sessions and we’ll keep you posted on the federal Adam Walsh Act.
Thank you for your support.
RSOL of Virginia
Executive Director
Articles:
Maine One of Many States Failing to Comply with Federal Sex Offender Laws, July 29, 2011:
http://bangordailynews.com/2011/07/29/politics/maine-one-of-many-states-failing-to-comply-with-federal-sex-offender-laws/
Va., D.C. Miss Deadline to Join National Sex Offender Registry, July 28, 2011:
http://washingtonexaminer.com/local/dc/2011/07/va-dc-miss-deadline-join-national-sex-offender-registry
5 Years Later, States Struggle to Comply with Federal Sex Offender Law, July 28, 2011:
http://www.cnn.com/2011/CRIME/07/28/sex.offender.adam.walsh.act/index.html?hpt=hp_c2
Justice Dept Finds 14 States, 9 Tribes and 1 Territory Have Substantially Implemented SORNA Requirements, July 28, 2011: http://www.ojp.usdoj.gov//newsroom/pressreleases/2011/SMART_PR-072811.htm
Grant Money for N.C. at Risk, July 20, 2011:
http://www2.journalnow.com/news/2011/jul/20/wsmet01-grant-money-for-nc-at-risk-ar-1221730/
Pennsylvania Doesn’t Expect Megan’s Law Fine, July 18, 2011:
http://www.pittsburghlive.com/x/valleynewsdispatch/lifestyles/s_747232.html
State Struggling to Comply with New Sex Offender Rules, July 16, 2011:
http://www.news-record.com/content/2011/07/16/article/two_deputies_monitor_700_sex_offenders
D.C. Won’t Meet Federal Sex Offender Registry Mandate, July 10, 2011:
http://washingtonexaminer.com/local/dc/2011/07/dc-wont-meet-federal-sex-offender-registry-mandate
States Balk at Tighter Sex-Offender Rules, June 30, 2011:
http://www.therepublic.com/view/story/sexoffender63011/sexoffender63011/
