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Posting #524 – Can Registered Sex Offenders Travel Internationally for Business or Vacation?

Date:  07/14/2012

Virginia Supporters,

One of the most popular questions we are asked is can I travel abroad as an RSO?

The simple answer is, if you are an RSO and you are currently under Probation supervision you can not travel abroad without written permission from your Probation Officer. If you are an RSO and are NOT under Probation supervision then you can travel abroad.

Can you get a passport? The current answer is yes, there is no law preventing an RSO from acquiring a passport.

But there is pending legislation in Congress that could make it more difficult to do so.

HR2830- Trafficking Victims Protection Reauthorization Act of 2011

HR3253- International Megan’s Law of 2011

Until these bills pass the U.S. House and the U.S. Senate and then are signed by the President they are not a concern.

We’ve previously posted about RSO’s going on vacation,

As a registered offender in Virginia if you do travel either in the continental U.S. or internationally you are required to tell the Virginia State Police if you are going to be away more than 14 days.

If your VSP Trooper comes by your home to do one of the two yearly checks and you are not there and you don’t call them fast enough because you are gone for maybe 10 days, they may open an investigation into your residency. It could become a huge hassle and expense so we suggest advising your VSP Trooper in writing (e-mail) anytime you are traveling away from home simply to avoid an issue.

If your VSP re-registration letter is delivered while you are away and no signature is received your letter will be returned to the VSP after 2 or 3 attempts and an investigation will be started. So before you leave town, check when your letter is due (approximately, we know there is no set date and sometime they come earlier or even later than expected) to confirm you aren’t going to miss letter delivery or your re-registration due date.

The RSOL-VA has been advised by 5-8 RSO’s that they have been held much longer, question more intently and searched more thoroughly than anyone else in their traveling party by both Customs and TSA when traveling abroad. So keep that in mind when setting your itinerary, give yourself plenty of time to get from point A to point B as a registered sex offender. You are most likely on a special list of travelers and they know you are coming through and will be giving you more attention than anyone else.

Now, the final Guidelines for SORNA did include travel for registered sex offenders, but as of today only 15 of 50 states are SORNA compliant and Virginia is not one of them. Below is the SMART Office’s current information on registered offenders traveling internationally.

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When the Sex Offender Registration and Notification Act (SORNA, ) was enacted and its final guidelines—National Guidelines for Sex Offender Registration and Notification—were published, the U.S. Department of Justice was tasked with creating a tracking system for sex offenders who depart and reenter the United States. To that end, the SMART Office created the International Tracking of Sex Offenders Working Group in 2008—a multiagency initiative that enables appropriate information sharing about sex offenders who either intend to travel or are travelling internationally. The working group has developed a number of tools over the past year that will allow federal, State, tribal, and local law enforcement to more effectively supervise, monitor, and interdict offenders who travel internationally.

In January 2011, Supplemental Guidelines for Sex Offender Registration and Notification were announced. Among other matters that they address, the guidelines require that jurisdictions capture certain information about the international travel plans of registered sex offenders 21 days prior to that travel taking place. The SMART Office subsequently issued SORNA Implementation Document 15—Notice of International Travel—which includes a list of information that must be gathered and describes how jurisdictions can send that information to the National Sex Offender Targeting Center (NSOTC) of the U.S. Marshals Service.

NSOTC, working in conjunction with the SMART Office and the U.S. National Central Bureau of INTERPOL, has developed the Notification of International Travel of Sex Offender form to facilitate the transfer of this international travel information. See International Travel Form in this issue for more information.

In addition, the SMART Office submitted a proposal to the advisory policy board of the Federal Bureau of Investigation’s (FBI) Criminal Justice Information Services Division to authorize the development of the automatic notification procedure described in the International Tracking of Sex Offenders Working Group: White Paper. In December 2011, the proposal was approved and as of Spring of 2012 is awaiting final approval from the director of the FBI. Once the proposal is implemented, local registering agencies and NSOTC will receive an automatic notification from the National Sex Offender Registry whenever a registered sex offender is screened by the Department of Homeland Security upon entering or departing the United States. These notifications will enable local and federal law enforcement officials to have real-time information, which will facilitate their overall sex offender monitoring strategies.

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Have a safe trip!

RSOL of Virginia