PETITION DEMANDING STATE COMPLIANCE WITH THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA) AND MANDATORY REFERRAL OF ALL NON‑COMPLIANT SEX OFFENDERS TO THE UNITED STATES ATTORNEY GENERAL
 
I. Introduction

This petition demands that each State Attorney General ensure full compliance with the federal Sex Offender Registration and Notification Act (SORNA), including the mandatory referral of all non‑compliant sex offenders to the United States Attorney General as required by federal law. States receiving federal SORNA funds have a legal duty to maintain accurate registries, enforce compliance, and report all failures to comply. Systematic failure to do so places citizens at risk and jeopardizes federal funding.

II. Federal Law Creates Mandatory Duties for States and Offenders

A. SORNA imposes an independent federal duty on sex offenders

The Third Circuit has held that SORNA “imposes an independent and federally enforceable duty… on sex offenders to register.” Thomas v. Blocker (2021).

Federal SORNA requires offenders to register and keep their registration current in every jurisdiction where they reside, work, or attend school. 34 U.S.C. § 20913(a).

B. States receiving SORNA funds must maintain compliant registries.

SORNA requires states to:

1. Maintain a functioning sex offender registry.
2. Enforce penalties for non‑compliance.
3. Ensure accurate, up‑to‑date public information. 34 U.S.C. §§ 20912, 20924, 20927.

In Thomas v. Blocker (2022), the Third Circuit reaffirmed that states receiving federal SORNA funds must provide criminal penalties for failure to comply with federal SORNA requirements.   

Congress added § 20915(e) to ensure:

• Uniformity States must treat failure‑to‑register as a serious offense, not a minor administrative violation.
• Deterrence Registrants must face meaningful consequences for non‑compliance.
• Federal enforcement compatibility Federal failure‑to‑register (§ 2250) is a felony. States must mirror that seriousness.
• Eligibility for federal funding States cannot be “substantially compliant” with SORNA unless they impose felony penalties

“The jurisdiction shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than 1 year for the failure of a sex offender to comply with the requirements of this subchapter.” 34 U.S.C. § 20915(e)

“A jurisdiction that fails to substantially implement this subchapter shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year.”  34 U.S.C. § 20927

States must “substantially implement” all SORNA requirements

This includes:

• mandatory reporting of non‑compliance (§ 20924)
• felony penalties for failure‑to‑register (§ 20915(e))
• accurate registry maintenance (§ 20912)
• inter‑jurisdictional notification (§ 20923)
• compliance enforcement mechanisms

III. Mandatory Referral of Non‑Compliant Offenders to the Attorney General   

A. 34 U.S.C. § 20924 imposes a mandatory reporting requirement

 Federal law states:

“An appropriate official shall notify the Attorney General and appropriate law enforcement agencies of any failure by a sex offender to comply with the requirements of a registry and shall take any appropriate action to ensure compliance.” 

“Shall” is mandatory. This requirement is not optional, discretionary, or subject to local interpretation.

B. Broad compliance standards do not exclude mandatory duties

SORNA’s “substantial implementation” standard is broad, but that does not eliminate specific obligations. Mandatory requirements — including referral of non‑compliance — remain fully included.

Failure to notify the Attorney General of non‑compliance is a violation of §20924.

 IV. Federal Penalties for State Non‑Compliance

Under 34 U.S.C. § 20927, states that fail to “substantially implement” SORNA lose 10% of their Byrne JAG funding.

Because §20924 requires mandatory referral of non‑compliant offenders, systematic failure to make these referrals constitutes a failure to substantially implement SORNA.

Thus:

If a state fails to notify the Attorney General of non‑compliance, it risks losing federal funding.
This is not speculative — it is the enforcement mechanism Congress created.

 V. Public Safety Consequences of Non‑Enforcement

When law enforcement fails to enforce registry requirements or refuses to refer non‑compliant offenders:

• Judges and juries are prevented from determining whether an offender has failed to register. This blocks the fact‑finding process essential to public safety. 
• Registry accuracy is compromised. Citizens rely on accurate information to protect themselves and their families.
• Selective or arbitrary enforcement increases resentment among registrants, which can lead to additional acts of non‑compliance.
• Courts cannot evaluate failure‑to‑register history when determining whether a registrant should be removed early from the registry.

Communities are placed at risk, contrary to SORNA’s purpose “to close loopholes” and prevent offenders from “slipping through the cracks.” Carr v. United States, 560 U.S. 438 (2010).
 
VI. Federal Criminal Penalties for Offenders Who Fail to Register Under 18 U.S.C. § 2250 (Interstate):

• Knowing failure to register is a federal felony.
• Penalties include up to 10 years in prison.
• If combined with a federal violent crime, penalties increase to up to 30 years.
  The statute uses “shall,” not “may,” regarding fines and imprisonment.

Failure to refer non‑compliant offenders obstructs federal enforcement of §2250.

 VII. Petition Demands

This petition hereby demands that each State Attorney General:

1. Require all law enforcement agencies to enforce SORNA compliance uniformly and without discretion.
2. Require immediate referral of all non‑compliant sex offenders to the United States Attorney General pursuant to 34 U.S.C. § 20924.
3. Establish mandatory internal penalties for law enforcement agencies that fail to report non‑compliance or fail to update registry information.
4. Conduct statewide audits of registry accuracy and enforcement practices.
5. Ensure that all failures to register are documented, referred, and made available for judicial review.
6. Protect federal funding by ensuring full and substantial implementation of SORNA.
 
VIII. Conclusion

Sexual assault is not 100% avoidable. Being on the sex offender registry is. Until sexual assault is eliminated, the registry must remain accurate, enforced, and fully compliant with federal law. States have a mandatory duty — not a discretionary option — to notify the Attorney General of every instance of non‑compliance. Failure to do so violates federal law, endangers communities, and jeopardizes federal funding.

Think 34 U.S.C. § 20924.