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Ninth Circuit panel finds retroactive part of SORNA unconstitutional

By Douglas A. Berman

The Ninth Circuit, in an lengthy panel opinion authored by Judge Reinhardt, today declares in US v. Juvenile Male, No. 07-30290 (9th Cir. Sept. 10, 2009) (available here) that part of the federal Sex Offender Registration and Notification Act is unconstitutional as applied to former juvenile offenders. Here is a key paragraph from the start of the unanimous panel opinion: We must decide as a matter of first impression ? in our court and in any other circuit court ? whether the retroactive application of SORNA?s provision covering individuals who were adjudicated juvenile delinquents because of the commission of certain sex offenses before SORNA?s passage violates the Ex Post Facto Clause of the United States Constitution.  In light of the pervasive and severe new and additional disadvantages that result from the mandatory registration of former juvenile offenders and from the requirement that such former offenders report in person to law enforcement authorities every 90 days for 25 years, and in light of the confidentiality that has historically attached to juvenile proceedings, we conclude that the retroactive application of SORNA?s provisions to former juvenile offenders is punitive and, therefore, unconstitutional...continue to full post

Full post as published by Sentencing Law and Policy on September 10, 2009 (boomark / email).