Reallocation of SORNA Byrne JAG Funding Penalty

The Sex Offender Registration and Notification Act (SORNA) set forth a penalty for jurisdictions that failed to substantially implement the Act by the July 27, 2011, deadline and every year thereafter until the jurisdiction is determined to have substantially implemented SORNA.??The penalty for States, U.S. territories, and the District of Columbia is a 10-percent reduction in funds that would otherwise be allocated to those jurisdictions for the fiscal year under their Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) formula funds. SORNA further provided that the amounts withheld for failure to substantially implement SORNA should be reallocated to jurisdictions that did not fail to substantially implement or may be reallocated to the jurisdictions from which they were withheld, to be used solely for the purpose of implementing SORNA.

In 2011, 15 States and 2 territories implemented SORNA by the initial deadline. Thus, 35 States, 3 territories, and the District of Columbia faced the 10-percent reduction in their Byrne JAG funds. All but five jurisdictions (Arizona, Arkansas, California, Nebraska, and Texas) requested reallocations of their penalties to apply toward continuing SORNA implementation efforts. For those States that failed to implement SORNA and did not request reallocation, their penalty funds are held in a trust account and will be dispersed in future years to implementing jurisdictions.

The Assistant Attorney General granted the reallocation requests of all 34 jurisdictions (30 states, 3 territories, and the District of Columbia), and the SMART Office is currently working with these jurisdictions as they continue their SORNA implementation efforts in conjunction with their reallocated funds. For 2012, 17 States and 3 territories implemented SORNA by the deadline. Remaining are 33 States, 2 territories, and the District of Columbia.