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Call to Action : OH Legislature Going at it Again – Part 2

February 4, 2011 Comments off

It appears that a similar bill was introduced in the Ohio Senate in Nov. 2010. Senate Bill 316 was proposed by Senators: Seitz, Miller, D. Wagoner, Grendell, Turner, and Smith.

Senate Bill 316 is “to clarify for an offender or delinquent child who had SORN Law duties under the SORN Law in effect prior to January 1, 2008, the offender’s or child’s duties under the current SORN Law and the duration of those duties and to declare an emergency.”

Those who are concerned about this attempt to retroactively re-capture (onto the sex offender registries) all offenders whose crimes pre-dated the 2008 law change, should immediately contact these Senators to voice your opposition.

SB 316 Sponsors:

Bill Seitz (R)
Phone: (614) 466-8068
Email: SD08@senate.state.oh.us

Mark Wagoner (R)
Phone: (614) 466-8060
Email: SD02@senate.state.oh.us

Tim Grendell (R)
Phone: (614) 644-7718
Email: SD18@senate.state.oh.us

Nina Turner (D)
Phone: (614) 466-4583
Email: SD25@maild.sen.state.oh.us

Shirley A. Smith (D)
Phone: (614) 466-4857
Email: SD21@maild.sen.state.oh.us

The intent of SB 316 and HB 77 is to:

“Create a list of all the sex offenders who were reclassified via the 2010 Bodyke ruling, notifying them all by mail, and forcing them into court one at a time to have a judge issue a new Adam Walsh Act sentencing order. It would re-reclassify all of these individuals into the AWA tier scheme, adding thousands to the registry, many for life.”

Both of these bills will be debated within the respective House & Senate Criminal Justice Committees. Readers should contact the members of this committee in order to voice your opposition to these bills.

Senate Criminal Justice Committee (re: SB 316)

http://www.ohiosenate.gov/committees/standing/detail/judiciary-criminal-justice.html



Tim Grendell (R)
Chair

Larry Obhof (R)
Vice Chair

Nina Turner (D)
Ranking Minority Member

Eric Kearney (D)

Frank LaRose (R)

Peggy Lehner (R)

Scott Oelslager (R)

Joe Schiavoni (D)

Mark Wagoner (R)

House Criminal Justice Committee ( re: HB77)

http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=98


Criminal Justice
Name Party Position Name Party Position
Lynn Slaby R Chair Roland Winburn D Ranking Minority Member
Bill Hayes R Vice Chair Nancy J. Garland D Member
Louis W. Blessing, Jr. R Member Connie Pillich D Member
Danny R. Bubp R Member W. Carlton Weddington D Member
William P. Coley, II R Member Sandra Williams D Member
Joseph W. Uecker R Member


Ron Young R Member

Call to Action : OH Legislature Going at it Again

February 3, 2011 Comments off

CALL TO ACTION:

Ohio Legislators are going at it again. Just six months after having been soundly defeated in the June 2010 Bodyke vs. Ohio Supreme Court ruling, seven Ohio House Representatives have proposed new legislation to retroactively revise Ohio’s sex offender laws to re-capture all offenders who committed crimes before 2008 onto the rolls of the sex offender registry.

Those concerned about this proposed legislation must contact the seven Representatives immediately to express their opposition to this bill. If we are forced to do so, ConstitutionalFights will return to the battlefield to help defeat this latest attempt by the Ohio Legislature to violate the constitutional rights of 30,000 Ohio citizens.

The newly proposed bill, House Bill 77 of the 129th General Assembly would amend and repeal parts of the existing Ohio sex offender statutes to:

“clarify that SORN Law definitions of sexually oriented offenses, child-victim oriented offenses, tier classifications, public registry-qualified juvenile offender registrants, and related terms include the specified offenses regardless of when they were committed and to provide for court reclassification of offenders and delinquent children who committed their sexually oriented offense or child-victim oriented offense prior to January 1, 2008, and had SORN Law duties based on that offense into one of the tier classifications of the current SORN Law.

View proposed HB 77.

Bill Sponsors:

REPRESENTATIVES:
Hackett Garland Blessing Combs Grossman Hottinger Patmon

Bob D. Hackett, Representative
State Representative (R)
District: 84
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
11th Floor
Columbus, OH 43215-6111
Phone: (614) 466-1470
Fax: (614) 719-6984
Email: district84@ohr.state.oh.us

Nancy J. Garland, Representative
State Representative (D)
District: 20
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
10th Floor
Columbus, OH 43215-6111
Phone: (614) 644-6002
Fax: (614) 719-6959
Email: district20@ohr.state.oh.us

Louis W. Blessing, Jr., Speaker Pro Tempore
State Representative (R)
District: 29
Term: 4th
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
14th Floor
Columbus, OH 43215-6111
Phone: (614) 466-9091
Fax: (614) 719-3583
Email: district29@ohr.state.oh.us

Courtney Combs, Representative
State Representative (R)
District: 54
Term: 5th (includes appointed and elected terms)
Term Limit: Not eligible to run for another two-year term
Address:
77 S. High St
13th Floor
Columbus, OH 43215-6111
Phone: (614) 644-6721
Fax: (614) 719-6954
Email: district54@ohr.state.oh.us

Cheryl L. Grossman, Assistant Majority Whip
State Representative (R)
District: 23
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
14th Floor
Columbus, OH 43215-6111
Phone: (614) 466-9690
Fax: (614) 719-6962
Email: district23@ohr.state.oh.us

Jay Hottinger, Representative
State Representative (R)
District: 71
Term: 3rd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
12th Floor
Columbus, OH 43215-6111
Phone: (614) 466-1482
Fax: (614) 719-3971
Email: district71@ohr.state.oh.us

Bill Patmon, Representative
State Representative (D)
District: 10
Term: 1st
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
11th Floor
Columbus, OH 43215-6111
Phone: (614) 466-7954
Fax: (614) 719-0010
Email: district10@ohr.state.oh.us

We seek legal professionals who are willing to engage in a lawsuit against the State of Ohio should this legislation be put into law. We also still seek legal professionals who are willing to engage in a lawsuit against the State of Ohio regarding the Bodyke Supreme Court ruling of June 2010 for damages of those 30,000 former offenders who were maintained on the sex offender registry 2-1/2 years after they should legally have been removed.

We must collectively hit these legislators squarely in the “front teeth” this time to assure that we do not experience what we experienced between 2008 and 2010.

Elena Kagan: Supreme Court Nominee Raises Questions

May 10, 2010 Comments off

Elena Kagan, United States Solicitor General was nominated today to the United State Supreme Court to fill the vacancy created by the retirement of Justice John Paul Stevens.

Here,we examine just two aspects of her professional views related to sex offender laws.

1. The Marshall Memo: In 1993, Kagan wrote a memo praising former Supreme Court Justice Thurgood Marshall, for whom she had clerked and whom had just died. At the time, Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was “defective.” She quoted him as saying the Supreme Court’s mission was to “show a special solicitude for the despised and the disadvantaged.”

If you truly believe this, Ms. Kagan, then surely the societal and legislative attacks on registered sex offenders stands as the penultimate example of a class of citizens who are currently “despised and disadvantaged” in this nation.

2. Solicitor General Elena Kagan, the administration’s top courtroom lawyer, urged the justices to uphold a 2006 federal law providing for the continued detention of sexually dangerous federal inmates who have completed their prison terms. In United States vs. Comstock, argued before the U.S. Supreme Court in January 2010, she acted on behalf of the U.S. government to argue that the federal government has the power to imprison citizens after they have completed their prison terms. Kagan argued in favor of civil commitment of “sexually dangerous” people after they complete their federal prison terms.

This should raise a large red flag to anyone favoring her appointment to SCOTUS. If she favors indefinite confinement of sex offenders by the government well beyond their prison terms, she is not qualified to be a judge who has the obligation to uphold, defend and protect our Constitutional rights.

Sources:
reuters.com: U.S. justices question sex offender confinement law.
abajournal.com: Sex-Offender Case Is Test of Necessary and Proper Clause.
stlbeacon.org: Sex offenders: Lock ‘em up and throw away the key?

Elena Kagan, arguing for the government, compared the indefinite detention of sex offenders to quarantining those infected with “some very contagious form of drug resistant tuberculosis.” In the case of a TB infection, Solicitor General Kagan said, we’d say the government has the power to hold the person for the safety of society. Justice Stevens picked up on the analogy and pressed the attorney on the other side: Doesn’t the federal government have the power to quarantine?

The idea that sex offenders are not like ordinary criminals but somehow sick or diseased and have to be segregated from the general population is a powerful one and may operate as a subterranean motivation for much legislation in the area. But the analogy also discloses an ambivalence about how we think about sex offenders. Are they like ordinary criminals (bank robbers, reckless drivers, etc.) who should be punished and then released? Or are sex offenders more like people who are ill, who need treatment and care — perhaps indefinite treatment and care — rather than punishment?

OH: Senator Wants to Go Around Supreme Court Ruling

April 11, 2010 Comments off

ohiosenatedems.blogspot.com: Senator Smith Calls for Immediate Action to Close Sex Offender Loophole.

First of all, this isn’t a loophole. It is a Supreme Court constitutional ruling. Secondly, the media misreported this story horrendously last month when the Ohio Supreme Court handed down this ruling.

See: OH Supreme Court Invalidates Sex Offender Notification and Ohio Senator Already Planning to Get Around Supreme Court Ruling

Please take immediate action by contacting the office of Senator Smith of Ohio who wants to amend the Ohio Supreme Court decision that Tier Level III offenders may apply to have their names removed from public notification.

Senator Shirley Smith (D-Cleveland)
Senate Building

1 Capitol Square, 2nd Floor
Columbus, OH 43215
Phone: (614) 466-4857
Email: SD21@maild.sen.state.oh.us

Columbus – Senator Shirley Smith (D-Cleveland) issued an urgent call today for Senate hearings on legislation to close a loophole in Ohio’s sex offender registration and notification law. The Ohio Supreme Court ruled this week that trial judges have the authority to suspend community notification for Tier III sex offenders, the most serious classification for sex offenders under Ohio law. The ruling highlights the need for immediate action to pass Senate Bill 237, legislation introduced by Senator Smith in response to the murders on Imperial Avenue in Cleveland.

“The current law provides trial courts with too much discretion when determining whether to provide community-notification of a Tier III sex offender’s status,” said Senator Smith. “My bill will ensure that communities receive notice about dangerous sex offenders in their neighborhoods. We must close this loophole now to protect our citizens.”

Under provisions of Senate Bill 237, Judges would no longer have the authority to suspend community notification for Tier III sex offenders. Senator Smith’s legislation also requires sheriffs to check each Tier III sex offender’s files to verify that notification has been sent. If notification has not been sent, the bill mandates that sheriffs do so. The legislation also eliminates a section of the Revised Code that potentially excludes reclassified Tier III sex offenders from current notification law.

Seante Bill 237 : S. B. No. 237-Senator Smith, et al.

“To amend sections 2950.06, 2950.10, 2950.11, and 2950.13 of the Revised Code to apply SORN Law victim notification and community notification to specified offenders or delinquent children who verify their registered residence address and for whom such notifications previously have not been provided and to revise the criteria for subjecting offenders and delinquent children to SORN Law community notification.”

WI Statewide Sex Offender Residency Bill Public Hearing

March 10, 2010 Comments off

whbl.com: Statewide Sex Offender Residency Bill Gets Public Hearing

See prior post : WI Bill to Override Local Sex Offender Restrictions

Madison, WI- A public hearing will be held Thursday (March 11, 2010) on a bill to create statewide limits on where sex offenders can live. It would wipe out tough local ordinances with restrictions so tight, offenders are driven elsewhere. The bill would let the Corrections Department come up with statewide limits on keeping sex offenders away from schools and other places where kids congregate. But corrections’ officials have opposed some of the tougher local ordinances that exist now. They say it encourages sex offenders to go underground, and not register with the state as the law requires. The current restrictions have varied effects.

Readers in Madison Wisconsin should attend this meeting and come prepared with information to oppose these residency restriction laws.

Study: Many Sex Offenders are Kids

January 5, 2010 Comments off

USAToday.com : Study: Many sex offenders are kids themselves.

We posted this research earlier in December here:
Juveniles Who Commit Sex Offenses Against Minors
Trends in Arrests of Online Predators (related study)

More than a third of sex crimes against juveniles are committed by juveniles, according to new research commissioned by the Justice Department.

Juveniles are 36% of all sex offenders who victimize children. Seven out of eight are at least 12 years old, and 93% are boys, says the study by the Crimes Against Children Research Center at the University of New Hampshire.

The report comes as states toughen penalties for adult sex offenders and wrestle with how to handle juveniles.

“They are different from adult sex offenders,” says study co-author David Finkelhor. They are more likely than adults to commit sex offenses in groups, and their victims are younger and more likely to be male.

IN : Retroactive Registrations Unconstitutional

November 18, 2009 Comments off

theindychannel.com : Hundreds Of Sex Offenders Removed From Registry -
Court Ruling Calls Retroactive Registrations Unconstitutional.

(If you are registered in Indiana, you must follow this procedure to have your name removed):

Indianapolis – Hundreds of convicted sex offenders could have their names and pictures removed from county lists after a state law was ruled unconstitutional. In 1994, the Indiana Legislature created Zachary’s Law, or the sex offender registry. Three years later, the Legislature amended the law to require all persons convicted of sex offenses to register. But this September, the Indiana Supreme Court reaffirmed its own ruling that the law was unconstitutional because it required those convicted before the law was enacted to register.

On the advice of the state attorney general, the Marion County sheriff will now allow those required to register retroactively to have their names removed from the list, 6News’ Jack Rinehart reported.

“We’re not going to remove anybody. We’re taking no enforcement action,” said Lt. Bob Hanna, who oversees the Sheriffs’ Sex and Violent Offender Registry. “As far as removing faces, names and addresses, we won’t do that without a court order.”

Sex offenders who registered retroactively can petition the court that held jurisdiction over their case to remove their names from the registry. They will then have to present that order to the local sheriff’s department.

In Marion County, which currently has 3,606 registered offenders, more than 800 sex offenders would be eligible to have their names removed from the list.

Residents said they’ll find a way around the law change. “I think what you’ll see is groups or agencies that will pop up and track these individuals that will try to take themselves off the list,” said Bill Callahan of the Brookside Neighborhood Association. “There’s nothing to stop people from getting public information about a person and creating their own list.”

Is that a threat of vigilantism or harassment ? Perhaps someone should report this threat to the authorities.

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