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s Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Office said that state correctional facilities, in the interest of public safety, have notification processes in place, even though sometimes not required to do so. ICE-ERO is reviewing options for informing alien sex offenders under supervision about their potential registration requirements and notifying jurisdictions when alien sex offenders are released under supervision, but has not established a deadline for completing its review, which is inconsistent with project management standards. Without a deadline, it will be difficult to hold ICE-ERO accountable for providing these notifications. Further, ICE-ERO does not plan to notify relevant jurisdictions when an alien sex offender is removed. Providing such notification could help jurisdictions ensure public safety and avoid unnecessarily spending resources trying to locate the offender. This is a public version of a sensitive security report GAO issued in August 2013, which also included information about steps ICE has taken to determine its responsibility for informing alien sex offenders of their notification requirements. View GAO-13-832. For more information, contact Eileen R. Larence at (202) 512-8777 or larencee@gao.gov. Page i GAO-13-832 Sex Offenders Letter

1 Background

6 Most Alien Sex Offenders under ICE-ERO Supervision Were Registered, but About

5 Percent Were Not

7 Alien Sex Offenders May Not Be Informed of Potential Registration Requirements, and Jurisdiction Officials May Not Be Notified When an Offender Is Removed or Released

9 Conclusions

21 Recommendations for Executive Action

22 Agency Comments and Our Evaluation

22 Appendix I Objectives, Scope, and Methodology

25 Appendix II Sex Offender Notification Requirements in the Sex Offender Registration and Notification Act (SORNA) and Other Federal Statutes

29 Appendix III Comments from the Department of Homeland Security

30 Appendix IV GAO Contact and Staff Acknowledgments

32 Figure Figure 1: Gaps in Notifications Provided to and about Alien Sex Offenders Who Are Removed or Released under U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE-ERO) Supervision

12 Contents Page ii GAO-13-832 Sex Offenders Abbreviations BOP Federal Bureau of Prisons DHS Department of Homeland Security DOJ Department of Justice FBI Federal Bureau of Investigation ICE Immigration and Customs Enforcement ICE-ERO ICE Enforcement and Removal Operations NCIC National Crime Information Center NSOR National Sex Offender Registry OPLA Office of the Principal Legal Advisor SMART Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking SORNA Sex Offender Registration and Notification Act of

2006 USMS U.S. Marshals Service This is a work of the U.S. government and is not subject to copyright protection in the United States. The published product may be reproduced and distributed in its entirety without further permission from GAO. However, because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. Page

1 GAO-13-832 Sex Offenders

441 G St. N.W. Washington, DC

20548 September 12,

2013 Congressional Requesters The Enforcement and Removal Operations directorate of U.S. Immigration and Customs Enforcement (ICE-ERO) is responsible for the identification, apprehension, detention, and removal of removable aliens.1 ICE-ERO prioritizes the removal of convicted criminals, among other groups. However, there are circumstances in which criminal aliens who have been ordered removed from the United States―including those convicted of a sex offense―cannot be removed. For example, a criminal alien may not be removed because the designated country will not accept the alien'

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