Requests for Reallocation of Byrne JAG Funding Penalty

The Sex Offender Registration and Notification Act (SORNA) set forth a penalty for jurisdictions that failed to substantially implement SORNA by the July 27, 2011, deadline. The penalty is a 10-percent reduction in funds that would otherwise be allocated to the jurisdiction for the fiscal year under its Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) formula funds. Fifteen States and two territories implemented SORNA by the deadline (see SORNA Update). Thus, 35 States, 3 territories, and the District of Columbia faced the 10-percent reduction in their Byrne JAG funds.

SORNA further provided that the amounts withheld for failure to substantially implement SORNA should be reallocated to jurisdictions that did not fail or to the jurisdictions from which they were withheld to be used solely for the purpose of implementing SORNA. All but five jurisdictions (Arizona, Arkansas, California, Nebraska, and Texas) have requested reallocations of their penalties to apply toward continuing SORNA implementation efforts. The Assistant Attorney General has granted the reallocation requests of the 34 remaining States and territories, and the SMART Office looks forward to working with these jurisdictions as they continue their implementation efforts. For those States that failed to implement and did not request reallocation, their penalty funds will be held in a trust account and will be dispersed in future years to implementing jurisdictions.