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UPDATES, Friday June 4 : Ohio E-sorn Public Registry Attorney

June 4, 2010 Comments off

This page is updated throughout the day:

UPDATE, Friday June 4, (10:00 am):

Constitutionalfights.org called the Ohio Attorney General’s office and waited on hold for over 15 minutes. After asking to speak to the person in charge of the updating of the registry database, we were eventually forwarded to an ATTORNEY, Justin Hykes ! This is humorous, as they must know they are on legal thin ice here. I asked when we can expect the database to be corrected. He said “we have no idea when it will get done”. I pressed him on this at least three times and he refused to give any estimate of a time table for when we can expect these people’s names and photos to be removed from their public registry. He said that they are “working on it”, but we all know updating a computer database is a simple job and does not take long to edit. I then asked if they are concerned about lawsuits if they fail to remove these people from the registry promptly now that these listings are in violation of the law. His response was “no, we are not concerned and we have an immunity disclaimer built into the esorn website” When you call, perhaps you can ask for Justin Hykes and not have to wait so long on hold.

Any readers who are legal professional are asked to stand by on this. We may need to pursue this legally if they are negligent in removing these people from the Ohio Public Sex Offender Registry. Please forward any legal advice on this matter to constitutionalfights@yahoo.com

UPDATE , Friday June 4, (5:00pm) :

Constitutionalfights.org received a return call from Steve Brown with the Ohio Attorney General’s office. While he again said that the AG office can give no estimate of when these invalidated registrants will be removed from the State Sex Offender Registry, he did suggest we call our local county sheriff offices. He said they are responsible for updating registry entries and therefore may be able to remove the invalidated registrants from the list sooner than the Ohio AG offices can do so.

So we did call the Montgomery County Sheriff Department office. Detective Julie Stephens , in responding to our informing her of this information from Steve Brown, said “Oh, then we will start working on that on Monday ( June 7)”. We informed her that we would be checking back in on this matter as next week comes.

Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov

Click here to contact your local Ohio County Sheriff Department

Late this afternoon, we received the following email from Ohio AG Office:

While I can’t yet provide a timetable – I can confirm that staff members, including IT specialists and attorneys, are working diligently to make the necessary changes to eSORN in order to comply with the court’s ruling.”

Ted Hart
Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127
EMAIL ted.hart@ohioattorneygeneral.gov

Attorney General Statement in Response to Ohio Supreme Court Decision in State v. Bodyke

June 4, 2010 Comments off

ohioattorneygeneral.gov: Attorney General Statement in Response to Ohio Supreme Court Decision in State v. Bodyke.

6/3/2010 (Columbus, Ohio) – In a narrowly tailored decision today, the Ohio Supreme Court invalidated two provisions of the Ohio Adam Walsh Act on separation-of-powers grounds. The act was passed by the General Assembly in July 2007 and became effective on Jan. 1, 2008. In response to the court’s decision in the case of State v. Bodyke, Attorney General Richard Cordray released the following statement:

“We are digesting the Supreme Court’s decision, which appears to be limited in scope. The broad provisions of Ohio’s Adam Walsh Act remain in place. In striking down a narrow portion of the act, the court has reinstated the classifications and community notification and registration orders imposed by judges under prior state law for certain offenders who had been sentenced before Jan. 1, 2008,” said Cordray. “Offenders who were classified on or after Jan. 1, 2008 are unaffected by today’s ruling. Those 26,000 offenders who had been reclassified under Ohio’s Adam Walsh Act will now revert to their prior classifications before the act was passed. To comply with the court’s order, my office will work to reclassify these offenders through Ohio’s Electronic Sex Offender Registration and Notification database (eSORN) and will notify offenders of their new classification. We will also continue to support local law enforcement agencies as they work to provide families with the information they need to keep their children safe.”

Ohio’s Adam Walsh Act was enacted to bring Ohio’s offender notification laws into conformity with the federal Sex Offender Registration and Notification Act (SORNA). Ohio was the first state to reach substantial implementation of the federal standards, as certified by the U.S. Department of Justice. Nothing in today’s decision affects Ohio’s status in regard to maintaining this designation. Other provisions of the act have been challenged in separate cases that remain pending before the Ohio Supreme Court.

Media Contacts:
Kim Kowalski: (614) 728-9692

cell: (614) 893-6018
Ted Hart: (614) 728-4127
cell: (614) 743-2286

Important! See Ohio: Next Step – What We Must Do