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Legal and Official Information

January 28, 2008 Leave a comment Go to comments

Online Petition Against Adam Walsh Act: Please sign and forward to others concerned with protecting Constitutional Rights.

Facts about Megan’s Law and Sex Offenders in New York State

A Detailed Analysis of Sex Offender Recidivism in New York State

OrlandoSentinel.com, Orlando FL: An Orlando federal judge has ordered the release of two jailed, out-of-state sex offenders who moved to Florida, ruling that part of the Adam Walsh Act requiring their registration is unconstitutional. “The Adam Walsh Act was enacted with a commendable goal — to protect the public from sex offenders,” Presnell wrote. “However, a worthy cause is not enough to transform a state concern (sex offender registration) into a federal crime.”

Kansas Department of Corrections: Housing restrictions appear to be based largely on three myths that are repeatedly propagated by the media: 1) all sex offenders re-offend; 2) treatment does not work; and 3) the concept of “stranger danger.” Research does not support these myths, but there is research to suggest that such policies may ultimately be counterproductive.

MaineToday.com: Maine’s sex offender law could be unconstitutional because it retroactively increases punishments for people who have already completed their sentences for sex crimes, the state Supreme Court said Tuesday.

Dallas Federal Criminal Defense Lawyer: Proposed updates and case citations regarding the Adam Walsh Act.

FederalDefenseCases : Cases Interpreting the Adam Walsh Act.

Ohio Supreme Court Decision: Case number 2006-2187. Francis Hyle, Green Township Law Director, et al. v. Gerry R. Porter, Jr. REVERSED ! ***A Victory for our Constitutional Rights !

WDTN – Dayton , 20 Feb 2008 : Ohio Supreme Court Rules: Sex Offender Residence Law Not Retroactive. COLUMBUS, Ohio (AP) – The state’s high court ruled Wednesday that a sex offender may not be booted from a home within 1,000 feet of a school if he owned it and committed his crime before the distance restriction became law.

WBNS – Columbus , 20 Feb 2008: Sex offenders can’t be forced to move away from schools if they lived in their homes before a 2003 law restricting their residency took effect, the Ohio Supreme Court ruled today. In a 6-1 ruling, the state’s high court said the law banning sex offenders from living within 1,000 feet of schools does not apply retroactively.

Journal of Sex Offender Civil Commitment- The Science and Law : The Vilification of Sex Offenders: Do laws targeting sex offenders increase recidivism and sexual violence?

U.S. District Court, Northern District of Ohio Judge Patricia Gaughan: orders stay on community notification and extends time period for filing complaints.

Capital Blog: Dann on Sex Offender Decision (7 Feb, 2008) COLUMBUS – Attorney General Marc Dann announced today that most provisions of Senate Bill 10, which implements the Adam Walsh Child Protection Act in Ohio, will remain in effect while the constitutionality of the law is being challenged in federal court. According to Mr. Dann, Judge Patricia Gaughan of the U.S. District Court for the Northern District of Ohio today signed an order preserving the law’s registration requirements.

Cleveland.com: (7 Feb, 2008) Federal judge extends deadline for challenging classifications.

Ohio Public Defender:
official information on Adam Walsh Act, legal challenges, and related cases.

Class Action Lawsuit (Licking County): Filed by the Ohio Justice and Policy Center, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.

Class Action Lawsuit (Hamilton County) : Filed by the Ohio Justice and Policy Center, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.



Ohio Justice and Policy Center: Files lawsuit challenging Ohio’s new sex offender classification system and registration law.


Ohio Supreme Court Case Number 2006-2187:
State of Ohio is forcing a man to move from his home because he lives within 1000 ft. of a school. His crime and home purchase both occurred before the 2003 went into effect.

Ohio Supreme Court Case Number 2007-1427:
Challenge to the Adam Walsh Act, regarding
retroactive application, classification and constitutionality.

Human Rights Watch:
Articles on Adam Walsh Act


Ohio Judicial Conference:

Explanation of Senate Bill 10

Constitutional Challenge of Senate Bill 10:
Constitutional challenges


National Association of Criminal Defense Lawyers:
“Congress needs to face things when [they] pass statutes, and the defendants, no matter what the charge is . . . have rights, and here we have a statute that Congress gave no apparent thought to when it passed the statute. . . . This little section was slipped in right at the last minute, according to the chronology, and there’s not a thing to indicate they paid any attention to it. This is serious”

Ohio Public Defender Office:
Notice of constitutional challenges in various Ohio counties

United States Department of Justice:
Proposed guidelines for implementation of Adam Walsh Act.

United States Department of Justice:
Public comments on Proposed guidelines.

White House:
Fact Sheet on Adam Walsh Act.

National Conference of State Legislatures:
Adam Walsh policy Objections.

Bureau of Justice Statistics:
Criminal recidivism of sexual offenders.

National Association of Criminal Defense Lawyers: The Scarlet Letter of the Adam Walsh Law.

National Association of Criminal Defense Lawyers: Sex Offender Laws Run Amok.

Class Action Lawsuit, U.S. District Court, Northern District of Ohio: seeks a declaratory judgment that the 60-day time limit on the filing of challenge petitions and the provisions that require community notification for newly-classified Tier III offenders without a prior hearing violate the procedural aspect of the Due Process Clause.

Class Action Lawsuit, U.S. District Court, Northern District of Ohio: Temporary retraining order and preliminary injunction.

ACLU of Ohio: Welton v. Dann (Ohio’s Adam Walsh Act): LEGAL THEORY: While courts have largely rejected arguments the old law was unconstitutional, we believe the new law is sufficiently flawed enough that it is now, without a doubt, unconstitutional.

FederalDefenseCases: Cases interpreting the Adam Walsh Act.

The Cost of Implementing the Adam Walsh Act: Implementing the changes required by the act will cost states a lot of money. At a legislative hearing in Arizona, witnesses testified that the state would lose between $700,000 and $800,000 in federal law enforcement grants if it didn’t comply with the law — but that it would cost millions of dollars to expand the state’s sex offender laws to comply with the Adam Walsh Act.

Adam Walsh Child Protection and Safety Act of 2006:
Congressional Action
July 27, 2006: Signed by President George W. Bush
July 25, 2006: House agreed to Senate amendments by voice vote
July 20, 2006: Passed Senate as amended by voice vote
March 8, 2006: Passed House by voice vote


Online Petition Against Adam Walsh Act:
Please sign and forward to others concerned with protecting Constitutional Rights.

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