“As a convicted sex offender, you give up your right to anonymity. Society has a strong obligation to protect our children from sexual predators,” said Deputy Attorney General Mitzie Jessop who strongly supports the passing of the Sex Offender Registration and Notification Act (SORNA).

Jessop who has been labeled as one of the best criminal attorneys prosecuting high profile sex cases in the Pacific, told Samoa News that SORNA is important for us here in American Samoa. Last Friday, the Senate and House of Representatives introduced the SORNA bill.

Responding to Samoa News queries on SORNA after it was introduced, Jessop said “Our people are migratory people. We move from one place to another, visiting families and attending family functions. And sometimes when we visit family, we stay for extended periods of time.  It would be a pity if your neighbor were having a family faalavelave and a relative who came to the faalavelave, who was also a convicted sex offender, came to visit and he or she did something sexually inappropriate to someone that you love.

“Wouldn’t you want to know if that person was a convicted sex offender so you could protect the people you love?” she asked.  She pointed out that because we’re migratory people, we like to think that we know everyone, but we really do not.

“Many times, people who are convicted of sexual offenses just move to another part of the island where people do not know them. Or they move to Upolu or they move from Upolu to get away from the stigma of being a sex offender. However, again, wouldn't you want to know if a sexual offender were living next door to you?

“Wouldn’t you want to be able to protect your children and those you love from a convicted sex offender? And this is not to say that they would necessarily do anything to your children or those you love... but wouldn't you rather be safe and do all you can do to protect your children and those you love before anything happens?”

The Deputy AG said the argument against registering sex offenders has always been, about the privacy of those people.

“Convicted sex offenders have paid their debt to society already. However, when a person is convicted of a crime, you give up certain rights.  As a convicted sex offender, you give up your right to anonymity. Society has a stronger obligation to protect our children from sexual predators.” She further stated that it isn't just Samoans they are looking at.

“We also do not want to be a safe haven for convicted sex offenders of the world to come here because we do not have a sex offender registry.”

“The intent with this bill is to protect primarily children. The more tools we have to help protect our children, the better,” she said.

According to the measure, SORNA closes potential gaps and loopholes that existed under prior law and generally strengthens the nationwide network of sex offender registration and notification program since 2009. All states and territories receiving the Justice Assistant Grant (JAG) award have been required to substantially implement the minimum standards of SORNA, including American Samoa.

The Criminal Justice Planning Agency (CJPA) requested and received waivers from the JAG award requirements for 2011 and 2012 and the penalty for failure to comply with the federal guidelines is 10% of the JAG award every year ASG is not in compliance, amounting to $47,000 per annum for American Samoa.

 In addition to the financial implications of failing to introduce the minimum standards of SORNA, more importantly is the profound responsibility to keep our children safe and the public aware of sex offenders residing in the community.

Due to the nature and scope of the amendments that would be necessary to bring existing law into compliance with the SORNA guidelines, it has been determined that the best course of action is to repeal the existing law and introduce a new law in its entirety.

Full details of the American Samoa law on sex offender registry can be found on the American Samoa Bar Association website — www.asbar.org — starting with section 46.2801.

The proposed legislation establishes the American Samoa Sex Offender Registry which the Attorney General’s office shall maintain and operate, along with the public sex offender registry website to be established.

According to the proposed bill, the sex offender is required to register at the AG’s office upon conviction and sentencing by the High Court within three business days. The sex offender will have their photo taken by the AG’s office, forms will be given explaining the sex offender registry. Once the information is submitted into the website it’s immediately forwarded to all jurisdictions required due to sex offender’s residency, employment or student status.

In the event a sex offender fails to register as required by this code, the AG’s office shall immediately inform the jurisdiction that provided notification. If found out the sex offender has absconded, the police will be contacted for assistance and then the US Marshals Service will be contacted. This website shall include instructions on how a person can seek correction of information that the individual contends is erroneous.

The website shall also include a warning that the information contained therein shouldn’t be used to unlawfully injure, harass or commit a crime against any individual named in the registry or residing or working at any reported addresses and that any such action could result in civil or criminal penalties.

Further, there is no waiver of immunity under this code, for the AG’s office its departments, agencies, employees or agents. This code also penalizes anyone who harbors or assists sex offenders.

This is the third time this measure has been introduced. The first time was back in 2011 when former Gov. Togiola Tulafono also submitted a SORNA bill, however it never made it out of committee. It was submitted for a second time last year by Governor Lolo.