5-23-2011 National:
RSOL Virginia is reporting a very strange circumstance involving U.S. Marshals and Home Address checks in Virginia. The following -from their website- explains the circumstances of one home address check. eAdvocate's thoughts on this are below this from RSOL-VA website:
POSTED ON RSOL Virginia Website here:We have highlighted one paragraph above in RED because there is somethings folks may not realize:
Posting #338 – U.S. Marshall’s are Accompanying VSP Trooper’s on Home Visits and They Want Your Signature!
Date: 05/14/2011
RSOL of Virginia,
My Trooper __________ just came to my apartment, and told me that he needed to take a picture, and I declined. He said that “they’re requesting us to take a picture every time we visit,” but accepted my refusal to take the picture.Also, there was a US Marshal with him. He had a one page notification with a statement on it, and wanted me to sign it saying that it’s my responsibility to register and comply with whatever jurisdiction I reside in. They said they’re doing that for everyone – that if you mess up with your registration while crossing state lines that it’s a federal mater, and that this was just making sure everyone understands that.
We wondered if maybe this was an isolated occurrence so we asked the supporter if the Marshall or Trooper said anything about getting signatures from other RSO’s.
He responded…….
My first thought was that it was because my case was Federal, so I asked them explicitly if it was because my case was Federal or if they were doing it for everyone? He said “they’re doing it for every one” – that the Marshal is just following around the Trooper so they can do their thing at the same time as the Trooper does his visits.So, the RSOL of VA has written to the Virginia State Police(VSP) Leadership asking why U.S. Marshall’s are requesting a signature and we’ve requested a copy of the “form” that RSO’s are being asked to sign.
We also have asked the VSP why aren’t registered offenders being given a contact name and number to inquire what the registration rules are in North Carolina, Florida, Missouri or whatever State they happen to be visiting on a trip?
Without that contact info, how are the offenders suppose to know who to contact to register? How soon they must do so and what the rules are that they must obey while in that state now that U.S. Marshall’s have demanded a signature from them saying they will comply?
Without being given contact information then anyone who signs this piece of paper has agreed to follow 49 other States Laws and Registration requirements but they have no way of finding out what they are.
If anyone else is visited by a U.S. Marshall and asked to sign this piece of paper, we suggest you ask to retain the paper for an attorney to look at BEFORE you sign it.
There is no Federal or State law obligating you to sign this paper. There is also no deadline/date that you must sign this paper. If you DO sign it you need to retain a copy of it.
If you are asked by a U.S Marshall to sign this form, please let us know IMMEDIATELY!
Executive Director
RSOL of Virginia
1) Federal Marshals are not authorized to perform state home address checks, but are authorized to perform them if the registrant has a federal conviction (See 42 USC 16941(a)). However, they are authorized to find and arrest registrants who have violated state registry laws, after being notified of the violation;
2) In the highlighted area we see Marshals trying to correct a error that has stood since the beginning of the Adam Walsh Act and has caused some registrants to be convicted of failure to register, we believe falsely, and imprisoned them; explanation follows:
So, in closing, we are asking if anyone, in States other than Virginia, are getting U.S. Marshall visits such as this and being asked to sign a FORM, we would like to know.AWA was enacted in 2006, within AWA Congress commanded the USAG to notify persons convicted of sex offenses about SORNA. However, there was a problem, some had been convicted BEFORE AWA was enacted, then there were those who are convicted AFTER AWA was enacted. Congress commanded that these groups be handled DIFFERENTLY as to notifying them about SORNA, and spelled out exactly how to do that in 42 USC 16917, notice subsections (a) and (b), [(b)pertains to folks convicted BEFORE AWA was enacted]:
42 USC 16917(b) Notification of sex offenders who cannot comply with subsection (a) The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (a).The USAG FAILED to prescribe RULES as Congress commanded, to NOTIFY those convicted BEFORE AWA was enacted, and has still not done so today! Yes, he did prescribed a RULE to say, SORNA was applicable to those convicted BEFORE AWA was enacted, but he never told those registrants individually using RULES which Congress told him to do. Thats what notification is all about.
So here is what we think is happening, notice the Virginia Registrant says, "The Marshall had a piece of paper which effectively notifies the registrant of the federal law." RIGHT, they are trying to cover up a BIG federal OPPS.
Now, if we are correct, what they are doing is ALSO not in compliance with law (i.e. what Congress said to do, "Prescribe RULES") Federal RULES must be promulgated as the U.S.A.G. did with the ONE Rule he did make. Currently the USAG has not Proposed any Rules at all, which the law requires him to do.
If anyone is, please contact us (eAdvocate @gmail.com) -OR- RSOL Virginia. Everyone wants to see what the form says, and know why they will not give out a copy of the form nor explain why they are doing this.
No registrant should sign any form that they do not know BEFOREHAND what the form is all about. Accordingly, lawyers should be contacted and consulted about this apparently unlawful happening, where you live!
For now, have a great day and a better tomorrow.
eAdvocate
PS: Please pass this to every registered person that you know, or their family member.
