In this Op-ed article in The Hill, reporter JESSE KELLEY opines that SORNA is unconstitutional and should be repealed.
SORNA violates our nation’s founding documents by singling out a specific category of offenders for unfair, unconstitutional punishment. While the Department of Justice cites public safety as its rationale for continuing to enforce the overreaching requirements of SORNA, the program has metastasized, defacing some of our most treasured rights: the right to due process, the right to be free from double jeopardy and the right to avoid cruel and unusual punishment.
http://thehill.com/opinion/criminal-justice/376668-the-sex-offender-registry-vengeful-unconstitutional-and-due-for-full
I have been moved to tier 2 under the new AB579 after being released from prison in 2004 as tier 1, on a possession of child pornography conviction for which I served 20 months.
I was less than a year from my eligibility for release from registration when I get this news. I have looked at both the Federal and state laws. There appears nothing in the Federal law mandating this move. The state may be justifying this under the language of section 21 of their law, but it is certainly an arguable point.
Is there an appeal process, or do I need to file a case? I could hire a lawyer if need be.
Contact Maggie McLetchie or Alina Shell who have kept this stayed off for 10 years. They are in LV.