PDF《SEX OFFENDERS》

s return. The decision of the U.S. Supreme Court in Zadvydas v. Davis imposes strict limits on ICE'

s ability to detain aliens beyond

6 months after the issuance of a final order of removal if removal is not significantly likely in the reasonably foreseeable future.2 In these instances, ICE-ERO may release the alien into the community under an order of supervision.3 Given the risk that some individuals previously convicted of a sex offense may pose, in July 2006, Congress passed and the President signed the Sex Offender Registration and Notification Act of

2006 (SORNA), which provided a new set of sex offender registration and notification standards, including criminal penalties for those who fail to comply with these According to U.S. Immigration and Customs Enforcement (ICE), of the 59,347 aliens under an order of supervision as of September 2012, 2,837 (5 percent) of them had been convicted of a sex offense.

1 An alien is any person who is not a citizen or national of the United States. See

8 U.S.C. § 1101(a)(3).

2 533 U.S.

678 (2001).

3 See

8 C.F.R. §§ 241.4, 241.5 &

241.13. While under supervision, the alien is required to meet certain conditions, such as not traveling outside of a specified geographic area for more than

48 hours without first notifying the ICE-ERO officer. The alien is also required to meet in person with an ICE-ERO deportation officer at a frequency determined by the officer. During those meetings, the deportation officer determines whether the alien has complied with the conditions of release and checks law enforcement databases―such as the National Crime Information Center (NCIC), which is maintained by the Federal Bureau of Investigation―to determine whether the alien has been arrested, has a warrant out for arrest, or is wanted. Page

2 GAO-13-832 Sex Offenders standards.4 These standards require convicted sex offenders to register and keep the registration current in the state, territorial, or tribal jurisdictions in which they live, work, and attend school, and for initial registration purposes only, in the jurisdiction in which they were convicted, if such jurisdiction is different from the jurisdiction of residence.5 Registration generally entails convicted sex offenders appearing in person at a specified agency―often a local law enforcement agency―within the jurisdiction to provide the agency with personal information, such as name, date of birth, and Social Security number, among other information. The law enforcement agency enters this information into the jurisdiction'

s sex offender registry, and the agency that manages the jurisdiction'

s registry―such as the state police department, department of public safety, or the attorney general'

s office― enters this information into the national sex offender registration system, composed of a national database and a national website. The national database, called the National Sex Offender Registry (NSOR), is operated by the Federal Bureau of Investigation (FBI), while the national website― the Dru Sjodin National Sex Offender Public Website (public website)―is maintained by the Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Office within the Department of Justice (DOJ).6 This report summarizes the results of the third review, in a series of four, that we are conducting in response to a congressional request that we assess various aspects of SORNA implementation. We completed the first two reviews in February 2013;

one on progress that states and territories have made in i........