Page:United States Statutes at Large Volume 120.djvu/629

 120 STAT. 598

PUBLIC LAW 109–248—JULY 27, 2006

the jurisdiction’s registry to reflect the nature of that failure. The appropriate official, the Attorney General, and each such law enforcement agency shall take any appropriate action to ensure compliance. 42 USC 16923.

SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT AND WEBSITE SOFTWARE.

(a) DUTY TO DEVELOP AND SUPPORT.—The Attorney General shall, in consultation with the jurisdictions, develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites. (b) CRITERIA.—The software should facilitate— (1) immediate exchange of information among jurisdictions; (2) public access over the Internet to appropriate information, including the number of registered sex offenders in each jurisdiction on a current basis; (3) full compliance with the requirements of this title; and (4) communication of information to community notification program participants as required under section 121. (c) DEADLINE.—The Attorney General shall make the first complete edition of this software available to jurisdictions within 2 years of the date of the enactment of this Act. 42 USC 16924.

SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

(a) DEADLINE.—Each jurisdiction shall implement this title before the later of— (1) 3 years after the date of the enactment of this Act; and (2) 1 year after the date on which the software described in section 123 is available. (b) EXTENSIONS.—The Attorney General may authorize up to two 1-year extensions of the deadline. 42 USC 16925.

SEC. 125. FAILURE OF JURISDICTION TO COMPLY.

(a) IN GENERAL.—For any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this title shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (b) STATE CONSTITUTIONALITY.— (1) IN GENERAL.—When evaluating whether a jurisdiction has substantially implemented this title, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this title because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction’s highest court. (2) EFFORTS.—If the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this title and to reconcile any conflicts between this title and the jurisdiction’s constitution. In considering whether compliance with the requirements of this title would likely violate the jurisdiction’s constitution or an interpretation thereof by the jurisdiction’s highest court, the Attorney General

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