81 FR 21397 - Supplemental Guidelines for Juvenile Registration Under the Sex Offender Registration and Notification Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range		21397-21400
FR Document		2016-08249

The Sex Offender Registration and Notification Act (SORNA) requires registration of individuals convicted of sex offenses as adults and, in addition, registration of juveniles adjudicated delinquent for certain serious sex offenses. SORNA also provides for a reduction of justice assistance funding to eligible jurisdictions that fail to ``substantially implement'' SORNA's requirements, including the juvenile registration requirement, in their sex offender registration programs. These proposed guidelines provide guidance regarding the substantial implementation of the juvenile registration requirement by eligible jurisdictions. The Justice Department's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking will examine the following factors when assessing whether a jurisdiction has substantially implemented SORNA's juvenile registration provisions: Policies and practices to prosecute as adults juveniles who commit serious sex offenses; policies and practices to register juveniles adjudicated delinquent for serious sex offenses; and other policies and practices to identify, track, monitor, or manage juveniles adjudicated delinquent for serious sex offenses who are in the community and to ensure that the records of their identities and sex offenses are available as needed for public safety purposes. By affording jurisdictions greater flexibility in their efforts to substantially implement SORNA's juvenile registration requirement, the proposed guidelines will further SORNA's public safety objectives in relation to serious juvenile sex offenders and facilitate jurisdictions' substantial implementation of all aspects of SORNA. The proposed guidelines concern only substantial implementation of SORNA's juvenile registration requirement and do not affect substantial implementation of SORNA's registration requirements for individuals convicted of sex offenses as adults.

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)

[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21397-21400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08249]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

[Docket No. OAG 151; AG Order No. 3659-2016]
RIN 1121-AA87


Supplemental Guidelines for Juvenile Registration Under the Sex 
Offender Registration and Notification Act

AGENCY: Department of Justice.

ACTION: Notice; proposed guidelines.

-----------------------------------------------------------------------

SUMMARY: The Sex Offender Registration and Notification Act (SORNA) 
requires registration of individuals convicted of sex offenses as 
adults and, in addition, registration of juveniles adjudicated 
delinquent for certain serious sex offenses. SORNA also provides for a 
reduction of justice assistance funding to eligible jurisdictions that 
fail to ``substantially implement'' SORNA's requirements, including the 
juvenile registration requirement, in their sex offender registration 
programs. These proposed guidelines provide guidance regarding the 
substantial implementation of the juvenile registration requirement by 
eligible jurisdictions. The Justice Department's Office of Sex Offender 
Sentencing, Monitoring, Apprehending, Registering, and Tracking will 
examine the following factors when assessing whether a jurisdiction has 
substantially implemented SORNA's juvenile registration provisions: 
Policies and practices to prosecute as adults juveniles who commit 
serious sex offenses; policies and practices to register juveniles 
adjudicated delinquent for serious sex offenses; and other policies and 
practices to identify, track, monitor, or manage juveniles adjudicated 
delinquent for serious sex offenses who are in the community and to 
ensure that the records of their identities and sex offenses are 
available as needed for public safety purposes. By affording 
jurisdictions greater flexibility in their efforts to substantially 
implement SORNA's juvenile registration requirement, the proposed 
guidelines will further SORNA's public safety objectives in relation to 
serious juvenile sex offenders and facilitate jurisdictions' 
substantial implementation of all aspects of SORNA. The proposed 
guidelines concern only substantial implementation of SORNA's juvenile 
registration requirement and do not affect substantial implementation 
of SORNA's registration requirements for individuals convicted of sex 
offenses as adults.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before June 10, 2016. Comments received by mail will 
be considered timely if they are postmarked on or before that date. The 
electronic Federal Docket Management System (FDMS) will accept comments 
until midnight Eastern Time at the end of that day.

ADDRESSES: To ensure proper handling of comments, please reference OAG 
Docket No. 151 in all electronic and written correspondence. The 
Department encourages the electronic submission of all comments through 
http://www.regulations.gov using the electronic comment form provided 
on that site. An electronic copy of this document is also available at 
the http://www.regulations.gov Web site for easy reference. Paper 
comments that duplicate the electronic submission are not necessary as 
all comments submitted to http://www.regulations.gov will be posted for 
public review and are part of the official docket record. Should you, 
however, wish to submit written comments by mail, they should be sent 
to Luis C.deBaca, Director, SMART Office, Office of Justice Programs, 
United States Department of Justice, 810 7th St. NW., Washington, DC 
20531.

FOR FURTHER INFORMATION CONTACT: Luis C.deBaca, Director, Office of Sex 
Offender Sentencing, Monitoring, Apprehending, Registering, and 
Tracking; Office of Justice Programs, United States Department of 
Justice, Washington, DC, (202) 514-4689.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying 
information (such as your name and address) voluntarily submitted by 
the commenter.
    You are not required to submit personal identifying information in 
order to comment on these proposed guidelines. Nevertheless, if you 
want to submit personal identifying information (such as your name and 
address) as part of your comment, but do not want it to be posted 
online, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You also must 
locate all of the personal identifying information that you do not want 
posted online in the first paragraph of your comment and identify what 
information you want redacted.
    If you want to submit confidential business information as part of 
your comment but do not want it to be posted online, you must include 
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph 
of your comment. You also must prominently identify confidential 
business information to be redacted within the comment. If a comment 
has so much confidential business information that it cannot be 
effectively redacted, all or part of that comment may not be posted on 
http://www.regulations.gov.
    Personal identifying information and confidential business 
information identified and located as set forth above will be placed in 
the agency's public docket file, but not posted online. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the paragraph above entitled FOR FURTHER INFORMATION 
CONTACT.

Background

    The Sex Offender Registration and Notification Act (``SORNA''), 
title I of the Adam Walsh Child Protection and Safety Act of 2006, 
Public Law 109-248, was enacted on July 27, 2006. SORNA (42 U.S.C. 
16901 et seq.) establishes minimum national standards for sex offender 
registration and notification in the jurisdictions to which it applies. 
``Jurisdictions'' in the relevant sense are the 50 states, the District 
of Columbia,

[[Page 21398]]

the five principal U.S. territories, and federally recognized Indian 
tribes that satisfy certain criteria. 42 U.S.C. 16911(10).
    SORNA provides a financial incentive for eligible jurisdictions to 
adopt its standards, by requiring a 10 percent reduction of federal 
justice assistance funding to an eligible jurisdiction if the Attorney 
General determines that the jurisdiction has failed to ``substantially 
implement'' SORNA. 42 U.S.C. 16925(a). SORNA also directs the Attorney 
General to issue guidelines and regulations to interpret and implement 
SORNA. See id. 16912(b). To this end, the Attorney General issued the 
National Guidelines for Sex Offender Registration and Notification 
(``SORNA Guidelines''), 73 FR 38030, on July 2, 2008, and the 
Supplemental Guidelines for Sex Offender Registration and Notification 
(``Supplemental Guidelines''), 76 FR 1630, on January 11, 2011. The 
Justice Department's Office of Sex Offender Sentencing, Monitoring, 
Apprehending, Registering, and Tracking (``SMART Office'') assists all 
jurisdictions in their SORNA implementation efforts and determines 
whether they have substantially implemented SORNA's requirements in 
their registration and notification programs. See 42 U.S.C. 16945; 73 
FR at 38044, 38047-48; 76 FR at 1638-39.
    In addition to requiring registration based on adult convictions 
for sex offenses, SORNA includes as covered ``sex offender[s]'' 
juveniles at least 14 years old who have been adjudicated delinquent 
for particularly serious sex offenses. 42 U.S.C. 16911(1), (8); see id. 
16913 (setting forth registration requirements). In relation to the 
juvenile registration requirement, as in other contexts, the SMART 
Office ``consider[s] on a case-by-case basis whether jurisdictions' 
rules or procedures that do not exactly follow the provisions of SORNA 
. . . `substantially' implement SORNA, assessing whether the departure 
from a SORNA requirement will or will not substantially disserve the 
objectives of the requirement.'' 73 FR at 38048.
    The SORNA Guidelines explained, in particular, that substantial 
implementation of SORNA need not include registration of juveniles 
adjudicated delinquent for certain lesser offenses within the scope of 
SORNA's juvenile registration provisions. The Guidelines stated that 
jurisdictions can achieve substantial implementation if they cover 
offenses by juveniles at least 14 years old that consist of engaging 
(or attempting or conspiring to engage) in a sexual act with another by 
force or the threat of serious violence or by rendering unconscious or 
involuntarily drugging the victim. Id. at 38050. This interpretation of 
substantial implementation addressed concerns about the potential 
registration of juveniles in some circumstances based on consensual 
sexual activity with other juveniles, which is outside the scope of the 
coverage required by the Guidelines. See id. at 38040-41.
    The Supplemental Guidelines included a subsequent change affecting 
the treatment of all persons required to register on the basis of 
juvenile delinquency adjudications. SORNA authorizes the Attorney 
General to create exemptions from SORNA's requirement that information 
about registered sex offenders be made available to the public through 
Web site postings and other means. See 42 U.S.C. 16918(c)(4), 16921(b). 
The Supplemental Guidelines noted that the SORNA Guidelines had 
endeavored to facilitate jurisdictions' compliance with SORNA's 
registration requirement for ``juveniles at least 14 years old who are 
adjudicated delinquent for particularly serious sex offenses,'' but 
that ``resistance by some jurisdictions to public disclosure of 
information about sex offenders in this class has continued to be one 
of the largest impediments to SORNA implementation.'' 76 FR at 1636. 
The Attorney General accordingly exercised his exemption authority ``to 
allow jurisdictions to exempt from public . . . disclosure information 
concerning sex offenders required to register on the basis of juvenile 
delinquency adjudications.'' Id. This exemption did not change the 
requirement that such juveniles be registered and that information 
about them be transmitted or made available ``to the national (non-
public) databases of sex offender information, to law enforcement and 
supervision agencies, and to registration authorities in other 
jurisdictions.'' Id. at 1637.
    Based on additional experience with SORNA implementation, and 
further reflection on the practicalities and effects of juvenile 
registration, these proposed guidelines modify the approach the SMART 
Office will take in assessing whether a jurisdiction has substantially 
implemented SORNA's juvenile registration requirement. As explained 
below, the modification will enhance public safety by incentivizing a 
broader range of measures that may protect the public from serious 
juvenile sex offenders.
    While most states provide for registration of some sex offenders 
based on juvenile delinquency adjudications, many do not or do so only 
on a discretionary basis. See SMART Office, SMART Summary: Prosecution, 
Transfer, and Registration of Serious Juvenile Sex Offenders 10-11, 24-
29 (Mar. 2015) (``SMART Juvenile Summary''), www.smart.gov/pdfs/smartjuvenilessum.pdf. Too rigid an approach to implementation of the 
juvenile registration aspect of SORNA, which affects a limited subclass 
of sex offenders, may conflict at a practical level with the objective 
of implementing SORNA's more broadly applicable reforms, which affect 
the whole universe of convicted sex offenders. This occurs when a 
jurisdiction's unwillingness or inability to implement the juvenile 
registration requirement discourages or stymies further efforts to 
implement SORNA generally, because the deficit regarding juvenile 
registration alone precludes approval of the jurisdiction as having 
substantially implemented SORNA. Moreover, the juvenile registration 
requirement is in some respects unique in terms of its scope and 
rationale and the potential for furthering its objectives by other 
means.
    First, juveniles may be subject to prosecution in either of two 
distinct justice systems--the juvenile justice system or the adult 
criminal justice system. The SORNA Guidelines provide that registration 
jurisdictions may substantially implement SORNA's juvenile registration 
requirement by registering persons at least 14 years old at the time of 
the offense who are adjudicated delinquent for an offense amounting to 
rape or its equivalent, or an attempt or conspiracy to commit such an 
offense. See 73 FR at 38041, 38050. Practically all states authorize or 
require adult prosecution for many or all such juveniles. See SMART 
Juvenile Summary 5-9, 16, 19-23. Where juveniles are prosecuted as 
adults, the resulting convictions are treated as adult convictions 
under SORNA, and SORNA's general provisions require the sex offender to 
register. See 73 FR at 38050.
    Consequently, a jurisdiction may advance SORNA's public safety 
goals in relation to serious juvenile sex offenders not only by 
prescribing mandatory registration for those offenders adjudicated 
delinquent, but also by prosecuting such offenders in the adult 
criminal justice system. Consider a jurisdiction that normally subjects 
sex offenders in SORNA's juvenile registration category to adult 
prosecution and conviction, with resulting registration, but that does 
not have mandatory registration for the relatively few offenders in 
this category who are proceeded against in the juvenile justice system. 
With respect to most sex offenders, the jurisdiction

[[Page 21399]]

protects the public through registration at least as effectively as a 
jurisdiction that proceeds against more offenders as juveniles and has 
mandatory registration based on delinquency adjudications, because all 
individuals convicted of qualifying sex offenses as adults are required 
to register. In some respects, a jurisdiction oriented towards adult 
prosecution of the most serious juvenile sex offenders may more 
effectively advance SORNA's public safety objectives, because 
prosecution as an adult also makes available the more substantial 
incarceration and supervision sanctions of the adult criminal justice 
system. But if mandatory juvenile registration is treated as a sine qua 
non of substantial SORNA implementation, that jurisdiction could not be 
approved as having substantially implemented SORNA.
    A second feature unique to juvenile sex offenders is that SORNA 
requires registration only for certain juveniles who are adjudicated 
delinquent for particularly serious sex offenses--that is, sex offenses 
that are ``comparable to or more serious than aggravated sexual abuse'' 
(or attempt or conspiracy to commit such offenses). 42 U.S.C. 16911(8). 
Jurisdictions that allow for discretionary registration of juveniles 
adjudicated delinquent for sex offenses may in practice capture many of 
the juveniles in SORNA's juvenile registration category--especially 
those who pose the most danger to others--in their registration 
schemes. Rather than simply rejecting a jurisdiction's approach to 
juvenile registration for having a discretionary aspect, examination of 
these registration programs as applied would allow the SMART Office to 
determine whether, when considered as part of a jurisdiction's overall 
registration scheme, this variance does or does not substantially 
disserve SORNA's purposes.
    Considering discretionary juvenile registration might appear to be 
inconsistent with the response to public comments accompanying the 
issuance of the SORNA Guidelines, which stated that registration as ``a 
matter of judicial discretion'' is insufficient to substantially 
implement SORNA's juvenile registration requirement. 73 FR at 38038. 
However, that response addressed comments urging that discretionary 
registration should in itself be considered sufficient implementation 
of SORNA's requirements, ``ignor[ing] what SORNA provides on this 
issue, and instead do[ing] something different that the commenters 
believe to be better policy.'' Id. That is not the approach of these 
proposed guidelines, which contemplate that the SMART Office will 
consider the full range of pertinent measures a jurisdiction may adopt, 
and do not assume that simply replacing a mandatory registration 
requirement with a discretionary one achieves in substance what SORNA 
requires. For example, consider a jurisdiction that (i) largely 
requires registration by sex offenders in SORNA's juvenile registration 
class because those offenders are likely to be prosecuted and convicted 
in the adult criminal justice system, (ii) allows registration on a 
discretionary basis for sex offenders who remain in the juvenile 
justice system, and (iii) provides other effective post-release 
monitoring and identification measures for juvenile sex offenders as 
discussed below. In assessing whether such a jurisdiction has 
substantially implemented SORNA's juvenile registration requirement, it 
is appropriate to take into account the jurisdiction's discretionary 
registration of adjudicated delinquents along with other factors, and 
doing so does not conflict with the prior rejection of approaches that 
``ignore[ ] what SORNA provides.'' Id.
    A third feature specific to the juvenile context is the prevalence 
of juvenile confidentiality provisions, which can limit the 
availability of information about the identities, locations, and 
criminal histories of juvenile sex offenders. Potential consequences of 
these confidentiality provisions include that (i) law enforcement 
agencies may lack information about certain sex offenders in their 
areas that could, if known, assist in solving new sex crimes and 
apprehending the perpetrators; (ii) sex offenders may be less 
effectively discouraged from engaging in further criminal conduct, 
because the authorities do not know their identities, locations, and 
criminal histories; and (iii) offenders' histories of sexual violence 
or child molestation, which might disqualify them from positions giving 
them control over or access to potential victims (such as childcare 
positions), may not be disclosed through background check systems or 
affirmative notice to appropriate authorities. These confidentiality 
provisions accordingly may negatively affect the achievement of SORNA's 
public safety objectives. See 73 FR at 38044-45, 38060-61. Congress's 
decision to subject certain juvenile sex offenders to SORNA's 
registration requirements was an effort to overcome risks to the public 
posed by juvenile confidentiality requirements that Congress considered 
too broad. See H.R. Rep. No. 109-218, pt. 1, at 25 (2005).
    A jurisdiction that does not implement juvenile registration in the 
exact manner specified in SORNA's juvenile registration provisions may 
nevertheless adopt other measures that address the underlying concerns 
as part of its substantial implementation of SORNA. For example, a 
jurisdiction may have means of monitoring or tracking juvenile sex 
offenders following release, such as extended post-release supervision 
regimes or address-reporting requirements, that may not incorporate all 
aspects of SORNA's registration system, but that may nevertheless help 
law enforcement agencies to identify the sex offenders in their areas 
and the perpetrators of new sex offenses. Confidentiality requirements 
for juvenile records may be appropriately defined and limited so as not 
to conceal risks to potential victims from persons who committed 
serious sex offenses as juveniles.
    In sum, a number of factors are reasonably considered in 
ascertaining whether a jurisdiction has substantially implemented 
SORNA's juvenile registration provisions, which have not been 
articulated or given weight to the same extent under previous 
guidelines. Accordingly, in these proposed guidelines, the Attorney 
General expands the matters that the SMART Office will consider in 
determining substantial implementation of this SORNA requirement. This 
expansion recognizes that jurisdictions may adopt myriad robust 
measures to protect the public from serious juvenile sex offenders, and 
will help to promote and facilitate jurisdictions' substantial 
implementation of all aspects of SORNA.

Proposed Supplemental Guidelines for Juvenile Registration Under the 
Sex Offender Registration and Notification Act

    If a jurisdiction does not register juveniles at least 14 years old 
who are adjudicated delinquent for particularly serious sex offenses in 
exact conformity with SORNA's provisions--for example, because the 
jurisdiction uses a discretionary process for determining such 
registration--the SMART Office will examine the following factors when 
assessing whether the jurisdiction has nevertheless substantially 
implemented SORNA's juvenile registration requirements: (i) Policies 
and practices to prosecute as adults juveniles who commit serious sex 
offenses; (ii) policies and practices to register juveniles adjudicated 
delinquent for serious sex offenses; and (iii) other policies and

[[Page 21400]]

practices to identify, track, monitor, or manage juveniles adjudicated 
delinquent for serious sex offenses who are in the community and to 
ensure that the records of their identities and sex offenses are 
available as needed for public safety purposes. Consistent with the 
requirements for other aspects of a jurisdiction's program that do not 
exactly follow SORNA's provisions, a jurisdiction that seeks to rely on 
these factors in establishing substantial implementation must identify 
any departure from SORNA's requirements in its submission to the SMART 
Office and ``explain why the departure from the SORNA requirements 
should not be considered a failure to substantially implement SORNA.'' 
73 FR at 38048. The SMART Office will determine that a jurisdiction 
relying on these factors has substantially implemented SORNA's juvenile 
registration requirement only if it concludes that these factors, in 
conjunction with that jurisdiction's other policies and practices, have 
resulted or will result in the registration, identification, tracking, 
monitoring, or management of juveniles who commit serious sex offenses, 
and in the availability of the identities and sex offenses of such 
juveniles as needed for public safety purposes, in a manner that does 
not substantially disserve SORNA's objectives.

    Dated: March 14, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-08249 Filed 4-8-16; 8:45 am]
 BILLING CODE 4410-18-P

Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21397

located in contiguous counties are not whether a jurisdiction has substantially Apprehending, Registering, and
expected to provide services to tribal implemented SORNA’s juvenile Tracking; Office of Justice Programs,
lands and will be ineligible to complete registration provisions: Policies and United States Department of Justice,
the survey. For these entities the burden practices to prosecute as adults Washington, DC, (202) 514–4689.
will be less than 5 minutes. Of the juveniles who commit serious sex SUPPLEMENTARY INFORMATION:
remaining 204 prosecutor offices, we offenses; policies and practices to
expect a 95% response rate, or 194 register juveniles adjudicated Posting of Public Comments
offices. It will take the average delinquent for serious sex offenses; and Please note that all comments
respondent an estimated 60 minutes to other policies and practices to identify, received are considered part of the
respond and 15 minutes for any track, monitor, or manage juveniles public record and made available for
response verification. adjudicated delinquent for serious sex public inspection online at http://
(6) An estimate of the total public offenses who are in the community and www.regulations.gov. Such information
burden (in hours) associated with the to ensure that the records of their includes personal identifying
collection: There are an estimated 243 identities and sex offenses are available information (such as your name and
total burden hours associated with this as needed for public safety purposes. By address) voluntarily submitted by the
collection. affording jurisdictions greater flexibility commenter.
If additional information is required in their efforts to substantially You are not required to submit
contact: Jerri Murray, Department implement SORNA’s juvenile personal identifying information in
Clearance Officer, United States registration requirement, the proposed order to comment on these proposed
Department of Justice, Justice guidelines will further SORNA’s public guidelines. Nevertheless, if you want to
Management Division, Policy and safety objectives in relation to serious submit personal identifying information
Planning Staff, Two Constitution juvenile sex offenders and facilitate (such as your name and address) as part
Square, 145 N Street NE., 3E.405B, jurisdictions’ substantial of your comment, but do not want it to
Washington, DC 20530. implementation of all aspects of be posted online, you must include the
SORNA. The proposed guidelines phrase ‘‘PERSONAL IDENTIFYING
Dated: April 5, 2016. INFORMATION’’ in the first paragraph
concern only substantial
Jerri Murray, of your comment. You also must locate
implementation of SORNA’s juvenile
Department Clearance Officer for PRA, U.S. registration requirement and do not all of the personal identifying
Department of Justice. information that you do not want posted
affect substantial implementation of
[FR Doc. 2016–08194 Filed 4–8–16; 8:45 am] online in the first paragraph of your
SORNA’s registration requirements for
BILLING CODE 4410–18–P individuals convicted of sex offenses as comment and identify what information
adults. you want redacted.
If you want to submit confidential
DATES: Written comments must be
DEPARTMENT OF JUSTICE business information as part of your
postmarked and electronic comments
comment but do not want it to be posted
Office of the Attorney General must be submitted on or before June 10,
online, you must include the phrase
2016. Comments received by mail will
[Docket No. OAG 151; AG Order No. 3659– ‘‘CONFIDENTIAL BUSINESS
be considered timely if they are
2016] INFORMATION’’ in the first paragraph
postmarked on or before that date. The
of your comment. You also must
RIN 1121–AA87 electronic Federal Docket Management
prominently identify confidential
System (FDMS) will accept comments
Supplemental Guidelines for Juvenile business information to be redacted
until midnight Eastern Time at the end
Registration Under the Sex Offender within the comment. If a comment has
of that day.
Registration and Notification Act so much confidential business
ADDRESSES: To ensure proper handling
information that it cannot be effectively
AGENCY: Department of Justice. of comments, please reference OAG redacted, all or part of that comment
ACTION: Notice; proposed guidelines. Docket No. 151 in all electronic and may not be posted on http://
written correspondence. The www.regulations.gov.
SUMMARY: The Sex Offender Registration Department encourages the electronic Personal identifying information and
and Notification Act (SORNA) requires submission of all comments through confidential business information
registration of individuals convicted of http://www.regulations.gov using the identified and located as set forth above
sex offenses as adults and, in addition, electronic comment form provided on will be placed in the agency’s public
registration of juveniles adjudicated that site. An electronic copy of this docket file, but not posted online. If you
delinquent for certain serious sex document is also available at the http:// wish to inspect the agency’s public
offenses. SORNA also provides for a www.regulations.gov Web site for easy docket file in person by appointment,
reduction of justice assistance funding reference. Paper comments that please see the paragraph above entitled
to eligible jurisdictions that fail to duplicate the electronic submission are FOR FURTHER INFORMATION CONTACT.
‘‘substantially implement’’ SORNA’s not necessary as all comments
requirements, including the juvenile submitted to http://www.regulations.gov Background
registration requirement, in their sex will be posted for public review and are The Sex Offender Registration and
offender registration programs. These part of the official docket record. Should Notification Act (‘‘SORNA’’), title I of
proposed guidelines provide guidance you, however, wish to submit written the Adam Walsh Child Protection and
comments by mail, they should be sent
mstockstill on DSK4VPTVN1PROD with NOTICES

regarding the substantial Safety Act of 2006, Public Law 109–248,
implementation of the juvenile to Luis C.deBaca, Director, SMART was enacted on July 27, 2006. SORNA
registration requirement by eligible Office, Office of Justice Programs, (42 U.S.C. 16901 et seq.) establishes
jurisdictions. The Justice Department’s United States Department of Justice, 810 minimum national standards for sex
Office of Sex Offender Sentencing, 7th St. NW., Washington, DC 20531. offender registration and notification in
Monitoring, Apprehending, Registering, FOR FURTHER INFORMATION CONTACT: Luis the jurisdictions to which it applies.
and Tracking will examine the C.deBaca, Director, Office of Sex ‘‘Jurisdictions’’ in the relevant sense are
following factors when assessing Offender Sentencing, Monitoring, the 50 states, the District of Columbia,

VerDate Sep<11>2014 18:37 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1

21398 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

the five principal U.S. territories, and rendering unconscious or involuntarily SMART Summary: Prosecution,
federally recognized Indian tribes that drugging the victim. Id. at 38050. This Transfer, and Registration of Serious
satisfy certain criteria. 42 U.S.C. interpretation of substantial Juvenile Sex Offenders 10–11, 24–29
16911(10). implementation addressed concerns (Mar. 2015) (‘‘SMART Juvenile
SORNA provides a financial incentive about the potential registration of Summary’’), www.smart.gov/pdfs/
for eligible jurisdictions to adopt its juveniles in some circumstances based smartjuvenilessum.pdf. Too rigid an
standards, by requiring a 10 percent on consensual sexual activity with other approach to implementation of the
reduction of federal justice assistance juveniles, which is outside the scope of juvenile registration aspect of SORNA,
funding to an eligible jurisdiction if the the coverage required by the Guidelines. which affects a limited subclass of sex
Attorney General determines that the See id. at 38040–41. offenders, may conflict at a practical
jurisdiction has failed to ‘‘substantially The Supplemental Guidelines level with the objective of implementing
implement’’ SORNA. 42 U.S.C. included a subsequent change affecting SORNA’s more broadly applicable
16925(a). SORNA also directs the the treatment of all persons required to reforms, which affect the whole
Attorney General to issue guidelines register on the basis of juvenile universe of convicted sex offenders.
and regulations to interpret and delinquency adjudications. SORNA This occurs when a jurisdiction’s
implement SORNA. See id. 16912(b). To authorizes the Attorney General to unwillingness or inability to implement
this end, the Attorney General issued create exemptions from SORNA’s the juvenile registration requirement
the National Guidelines for Sex requirement that information about discourages or stymies further efforts to
Offender Registration and Notification registered sex offenders be made implement SORNA generally, because
(‘‘SORNA Guidelines’’), 73 FR 38030, on available to the public through Web site the deficit regarding juvenile
July 2, 2008, and the Supplemental postings and other means. See 42 U.S.C. registration alone precludes approval of
Guidelines for Sex Offender Registration 16918(c)(4), 16921(b). The the jurisdiction as having substantially
and Notification (‘‘Supplemental Supplemental Guidelines noted that the implemented SORNA. Moreover, the
Guidelines’’), 76 FR 1630, on January SORNA Guidelines had endeavored to juvenile registration requirement is in
11, 2011. The Justice Department’s facilitate jurisdictions’ compliance with some respects unique in terms of its
Office of Sex Offender Sentencing, SORNA’s registration requirement for scope and rationale and the potential for
Monitoring, Apprehending, Registering, ‘‘juveniles at least 14 years old who are furthering its objectives by other means.
and Tracking (‘‘SMART Office’’) assists adjudicated delinquent for particularly First, juveniles may be subject to
all jurisdictions in their SORNA serious sex offenses,’’ but that prosecution in either of two distinct
implementation efforts and determines ‘‘resistance by some jurisdictions to justice systems—the juvenile justice
whether they have substantially public disclosure of information about system or the adult criminal justice
implemented SORNA’s requirements in sex offenders in this class has continued system. The SORNA Guidelines provide
their registration and notification to be one of the largest impediments to that registration jurisdictions may
programs. See 42 U.S.C. 16945; 73 FR at SORNA implementation.’’ 76 FR at substantially implement SORNA’s
38044, 38047–48; 76 FR at 1638–39. 1636. The Attorney General accordingly juvenile registration requirement by
In addition to requiring registration exercised his exemption authority ‘‘to registering persons at least 14 years old
based on adult convictions for sex allow jurisdictions to exempt from at the time of the offense who are
offenses, SORNA includes as covered public . . . disclosure information adjudicated delinquent for an offense
‘‘sex offender[s]’’ juveniles at least 14 concerning sex offenders required to amounting to rape or its equivalent, or
years old who have been adjudicated register on the basis of juvenile an attempt or conspiracy to commit
delinquent for particularly serious sex delinquency adjudications.’’ Id. This such an offense. See 73 FR at 38041,
offenses. 42 U.S.C. 16911(1), (8); see id. exemption did not change the 38050. Practically all states authorize or
16913 (setting forth registration requirement that such juveniles be require adult prosecution for many or
requirements). In relation to the juvenile registered and that information about all such juveniles. See SMART Juvenile
registration requirement, as in other them be transmitted or made available Summary 5–9, 16, 19–23. Where
contexts, the SMART Office ‘‘to the national (non-public) databases juveniles are prosecuted as adults, the
‘‘consider[s] on a case-by-case basis of sex offender information, to law resulting convictions are treated as adult
whether jurisdictions’ rules or enforcement and supervision agencies, convictions under SORNA, and
procedures that do not exactly follow and to registration authorities in other SORNA’s general provisions require the
the provisions of SORNA . . . jurisdictions.’’ Id. at 1637. sex offender to register. See 73 FR at
‘substantially’ implement SORNA, Based on additional experience with 38050.
assessing whether the departure from a SORNA implementation, and further Consequently, a jurisdiction may
SORNA requirement will or will not reflection on the practicalities and advance SORNA’s public safety goals in
substantially disserve the objectives of effects of juvenile registration, these relation to serious juvenile sex offenders
the requirement.’’ 73 FR at 38048. proposed guidelines modify the not only by prescribing mandatory
The SORNA Guidelines explained, in approach the SMART Office will take in registration for those offenders
particular, that substantial assessing whether a jurisdiction has adjudicated delinquent, but also by
implementation of SORNA need not substantially implemented SORNA’s prosecuting such offenders in the adult
include registration of juveniles juvenile registration requirement. As criminal justice system. Consider a
adjudicated delinquent for certain lesser explained below, the modification will jurisdiction that normally subjects sex
offenses within the scope of SORNA’s enhance public safety by incentivizing a offenders in SORNA’s juvenile
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juvenile registration provisions. The broader range of measures that may registration category to adult
Guidelines stated that jurisdictions can protect the public from serious juvenile prosecution and conviction, with
achieve substantial implementation if sex offenders. resulting registration, but that does not
they cover offenses by juveniles at least While most states provide for have mandatory registration for the
14 years old that consist of engaging (or registration of some sex offenders based relatively few offenders in this category
attempting or conspiring to engage) in a on juvenile delinquency adjudications, who are proceeded against in the
sexual act with another by force or the many do not or do so only on a juvenile justice system. With respect to
threat of serious violence or by discretionary basis. See SMART Office, most sex offenders, the jurisdiction

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Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices 21399

protects the public through registration Id. That is not the approach of these Congress considered too broad. See H.R.
at least as effectively as a jurisdiction proposed guidelines, which Rep. No. 109–218, pt. 1, at 25 (2005).
that proceeds against more offenders as contemplate that the SMART Office will A jurisdiction that does not
juveniles and has mandatory consider the full range of pertinent implement juvenile registration in the
registration based on delinquency measures a jurisdiction may adopt, and exact manner specified in SORNA’s
adjudications, because all individuals do not assume that simply replacing a juvenile registration provisions may
convicted of qualifying sex offenses as mandatory registration requirement nevertheless adopt other measures that
adults are required to register. In some with a discretionary one achieves in address the underlying concerns as part
respects, a jurisdiction oriented towards substance what SORNA requires. For of its substantial implementation of
adult prosecution of the most serious example, consider a jurisdiction that (i) SORNA. For example, a jurisdiction
juvenile sex offenders may more largely requires registration by sex may have means of monitoring or
effectively advance SORNA’s public offenders in SORNA’s juvenile tracking juvenile sex offenders
safety objectives, because prosecution as registration class because those following release, such as extended
an adult also makes available the more offenders are likely to be prosecuted and post-release supervision regimes or
substantial incarceration and convicted in the adult criminal justice address-reporting requirements, that
supervision sanctions of the adult system, (ii) allows registration on a may not incorporate all aspects of
criminal justice system. But if discretionary basis for sex offenders SORNA’s registration system, but that
mandatory juvenile registration is who remain in the juvenile justice may nevertheless help law enforcement
treated as a sine qua non of substantial system, and (iii) provides other effective agencies to identify the sex offenders in
SORNA implementation, that post-release monitoring and their areas and the perpetrators of new
jurisdiction could not be approved as identification measures for juvenile sex sex offenses. Confidentiality
having substantially implemented offenders as discussed below. In requirements for juvenile records may
SORNA. assessing whether such a jurisdiction be appropriately defined and limited so
A second feature unique to juvenile has substantially implemented as not to conceal risks to potential
sex offenders is that SORNA requires SORNA’s juvenile registration victims from persons who committed
registration only for certain juveniles requirement, it is appropriate to take serious sex offenses as juveniles.
who are adjudicated delinquent for into account the jurisdiction’s In sum, a number of factors are
particularly serious sex offenses—that discretionary registration of adjudicated reasonably considered in ascertaining
is, sex offenses that are ‘‘comparable to delinquents along with other factors, whether a jurisdiction has substantially
or more serious than aggravated sexual and doing so does not conflict with the implemented SORNA’s juvenile
abuse’’ (or attempt or conspiracy to prior rejection of approaches that registration provisions, which have not
commit such offenses). 42 U.S.C. been articulated or given weight to the
‘‘ignore[ ] what SORNA provides.’’ Id.
16911(8). Jurisdictions that allow for same extent under previous guidelines.
discretionary registration of juveniles A third feature specific to the juvenile Accordingly, in these proposed
adjudicated delinquent for sex offenses context is the prevalence of juvenile guidelines, the Attorney General
may in practice capture many of the confidentiality provisions, which can expands the matters that the SMART
juveniles in SORNA’s juvenile limit the availability of information Office will consider in determining
registration category—especially those about the identities, locations, and substantial implementation of this
who pose the most danger to others—in criminal histories of juvenile sex SORNA requirement. This expansion
their registration schemes. Rather than offenders. Potential consequences of recognizes that jurisdictions may adopt
simply rejecting a jurisdiction’s these confidentiality provisions include myriad robust measures to protect the
approach to juvenile registration for that (i) law enforcement agencies may public from serious juvenile sex
having a discretionary aspect, lack information about certain sex offenders, and will help to promote and
examination of these registration offenders in their areas that could, if facilitate jurisdictions’ substantial
programs as applied would allow the known, assist in solving new sex crimes implementation of all aspects of
SMART Office to determine whether, and apprehending the perpetrators; (ii) SORNA.
when considered as part of a sex offenders may be less effectively
discouraged from engaging in further Proposed Supplemental Guidelines for
jurisdiction’s overall registration Juvenile Registration Under the Sex
scheme, this variance does or does not criminal conduct, because the
authorities do not know their identities, Offender Registration and Notification
substantially disserve SORNA’s Act
purposes. locations, and criminal histories; and
Considering discretionary juvenile (iii) offenders’ histories of sexual If a jurisdiction does not register
registration might appear to be violence or child molestation, which juveniles at least 14 years old who are
inconsistent with the response to public might disqualify them from positions adjudicated delinquent for particularly
comments accompanying the issuance giving them control over or access to serious sex offenses in exact conformity
of the SORNA Guidelines, which stated potential victims (such as childcare with SORNA’s provisions—for example,
that registration as ‘‘a matter of judicial positions), may not be disclosed through because the jurisdiction uses a
discretion’’ is insufficient to background check systems or discretionary process for determining
substantially implement SORNA’s affirmative notice to appropriate such registration—the SMART Office
juvenile registration requirement. 73 FR authorities. These confidentiality will examine the following factors when
at 38038. However, that response provisions accordingly may negatively assessing whether the jurisdiction has
mstockstill on DSK4VPTVN1PROD with NOTICES

addressed comments urging that affect the achievement of SORNA’s nevertheless substantially implemented
discretionary registration should in public safety objectives. See 73 FR at SORNA’s juvenile registration
itself be considered sufficient 38044–45, 38060–61. Congress’s requirements: (i) Policies and practices
implementation of SORNA’s decision to subject certain juvenile sex to prosecute as adults juveniles who
requirements, ‘‘ignor[ing] what SORNA offenders to SORNA’s registration commit serious sex offenses; (ii) policies
provides on this issue, and instead requirements was an effort to overcome and practices to register juveniles
do[ing] something different that the risks to the public posed by juvenile adjudicated delinquent for serious sex
commenters believe to be better policy.’’ confidentiality requirements that offenses; and (iii) other policies and

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21400 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

practices to identify, track, monitor, or LOCATION: 3333 K Street NW., 3rd Floor, Institutional Advancement
manage juveniles adjudicated F. McCalpin Conference Center Committee—Open, except that the
delinquent for serious sex offenses who Washington, DC 20007. meeting may be closed to the public to
are in the community and to ensure that PUBLIC OBSERVATION: Unless otherwise receive a briefing on the donor report.**
the records of their identities and sex noted herein, the Board and all Audit Committee—Open, except that
offenses are available as needed for committee meetings will be open to the meeting may be closed to the public
public safety purposes. Consistent with public observation. Members of the to hear a briefing on the Office of
the requirements for other aspects of a public who are unable to attend in Compliance and Enforcement’s active
jurisdiction’s program that do not person but wish to listen to the public enforcement matters, and a report on the
exactly follow SORNA’s provisions, a proceedings may do so by following the integrity of electronic data.**
jurisdiction that seeks to rely on these telephone call-in directions provided A verbatim written transcript will be
factors in establishing substantial below. made of the closed sessions of the
implementation must identify any CALL-IN DIRECTIONS FOR OPEN SESSIONS: Board, Institutional Advancement
departure from SORNA’s requirements • Call toll-free number: 1–866–451– Committee, and Audit Committee. The
in its submission to the SMART Office 4981; transcript of any portions of the closed
and ‘‘explain why the departure from • When prompted, enter the sessions falling within the relevant
the SORNA requirements should not be following numeric pass code: provisions of the Government in the
considered a failure to substantially 5907707348 Sunshine Act, 5 U.S.C. 552b(c)(6) and
implement SORNA.’’ 73 FR at 38048. • When connected to the call, please (10), will not be available for public
The SMART Office will determine that immediately ‘‘MUTE’’ your telephone. inspection. A copy of the General
a jurisdiction relying on these factors Members of the public are asked to Counsel’s Certification that, in his
has substantially implemented keep their telephones muted to opinion, the closing is authorized by
SORNA’s juvenile registration eliminate background noises. To avoid law will be available upon request.
requirement only if it concludes that disrupting the meeting, please refrain MATTERS TO BE CONSIDERED:
these factors, in conjunction with that from placing the call on hold if doing so
will trigger recorded music or other April 17, 2016
jurisdiction’s other policies and
practices, have resulted or will result in sound. From time to time, the presiding Institutional Advancement Committee
the registration, identification, tracking, Chair may solicit comments from the
1. Approval of agenda
monitoring, or management of juveniles public. 2. Approval of minutes of the
who commit serious sex offenses, and in Committee’s meeting on January 29,
the availability of the identities and sex MEETING SCHEDULE 2016
offenses of such juveniles as needed for 3. Approval of minutes of the
Time *
public safety purposes, in a manner that Committee’s telephonic meeting on
does not substantially disserve Sunday, April 17, 2016: March 22, 2016
SORNA’s objectives. 1. Institutional Advancement 4. Development Report
Dated: March 14, 2016. Committee ........................... 2:00 p.m. 5. Update on Leaders Council
2. Communications Sub- 6. Public Comment
Loretta E. Lynch, committee of the Institu- 7. Consider and act on other business
Attorney General. tional Advancement Com- 8. Consider and act on motion to
[FR Doc. 2016–08249 Filed 4–8–16; 8:45 am] mittee adjourn open session meeting and
3. Governance & Performance proceed to a closed session
BILLING CODE 4410–18–P
Review Committee
Closed Session
Monday, April 18, 2016:
1. Operations & Regulations
1. Approval of the minutes of the
Committee ........................... 9:00 a.m. Committee’s Closed Session
LEGAL SERVICES CORPORATION 2. Delivery of Legal Services meeting on January 29, 2016
Committee. 2. Donor Report
Sunshine Act Meeting 3. Audit Committee. 3. Consider and act on motion to
4. Finance Committee. adjourn the meeting
DATE AND TIME: The Legal Services 5. Board of Directors.
Tuesday, April 19, 2016:
April 17, 2016
Corporation’s Board of Directors and its
six committees will meet April 17–19, 1. Board of Directors ............... 8:45 a.m. Communications Subcommittee of the
2016. On Sunday, April 17, the first Institutional Advancement Committee
meeting will commence at 2:00 p.m., STATUS OF MEETING: Open, except as
Open Session
Eastern Standard Time (EST), with the noted below. 1. Approval of agenda
meeting thereafter commencing Board of Directors—Open, except 2. Approval of minutes of the
promptly upon adjournment of the that, upon a vote of the Board of Subcommittee’s meeting on January
immediately preceding meeting. On Directors, a portion of the meeting may 29, 2016
Monday, April 18, the first meeting will be closed to the public to hear briefings 3. Communications analytics update
commence at 9:00 a.m., EST, with the by management and LSC’s Inspector 4. Update on youth pamphlet
next meeting commencing promptly General, and to consider and act on the 5. Public comment
General Counsel’s report on potential 6. Consider and act on other business
mstockstill on DSK4VPTVN1PROD with NOTICES

upon adjournment of the immediately
preceding meeting. On Tuesday, April and pending litigation involving LSC, 7. Consider and act on motion to
19, the first meeting will commence at and on a list of prospective funders.** adjourn the meeting
8:45 a.m., EST, it will be followed by
the closed session meeting of the Board Act’s definition of the term ‘‘meeting’’ and,
* Please note that all times in this notice are in therefore, the requirements of the Sunshine Act do
of Directors which will commence Eastern Standard Time. not apply to such portion of the closed session. 5
promptly upon adjournment of the prior ** Any portion of the closed session consisting U.S.C. 552b(a)(2) and (b). See also 45 CFR
meeting. solely of briefings does not fall within the Sunshine § 1622 1622.3.

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Document Created: 2016-04-09 00:11:12
Document Modified: 2016-04-09 00:11:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; proposed guidelines.
Dates		Written comments must be postmarked and electronic comments must be submitted on or before June 10, 2016. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day.
Contact		Luis C.deBaca, Director, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; Office of Justice Programs, United States Department of Justice, Washington, DC, (202) 514-4689.
FR Citation		81 FR 21397
RIN Number		1121-AA87