Office of Justice Programs SMART - Sex Offender Sentencing, Monitoring, Apprehending, and Tracking

Proposed Guidelines

The proposed guidelines were published in the May 30, 2007 Federal Register, Vol. 72, No. 103. The period for comment on the proposed guidelines ended on August 1, 2007. The final guidelines are expected in early 2008.

Interim Rule on Retroactivity

The proposed Interim Rule on Retroactivity was published in the February 28, 2007 Federal Register, Volume 72, No. 39, pp. 8894-8897.  The period for comment on the proposed Interim Rule on Retroactivity ended on April 30, 2007.  The final Interim Rule on Retroactivity was published at 28 CFR 72.1, et. seq.

Compliance Dates

The Adam Walsh Child Protection Act (AWA) of 2006 was signed into law on July 27, 2006. Section 124 of the AWA specifically requires that all jurisdictions implement the SORNA requirements within 3 years: July 27, 2009. Section 125(a) allows for a 10 percent Bryne Justice Assistance Grant fund reduction for any state, the District of Columbia, or territory that fails to substantially implement the SORNA requirements by July 27, 2009. Failure to substantially implement will be considered on an individual basis by the Attorney General. Section 124(b) provides for the Attorney General to authorize up to two 1-year extensions of the implementation deadline. Requests for extensions will be considered on a case by case basis.

According to §126(a) of the AWA, the Attorney General shall establish and implement a Sex Offender Management Assistance (SOMA) program, under which the Attorney General may award a grant to a jurisdiction to offset the costs of implementing SORNA. Section 126(c) allows for bonus payments to states, the District of Columbia, territories, and federally recognized Indian Tribes that promptly comply and implement the SORNA standards. The bonus award shall be 10 percent of the total received by the jurisdiction under SOMA program for the preceding fiscal year if the implementation is not later than July 27, 2007 or 5 percent if the implementation is not later than July 27, 2008.