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Archive for August, 2010

Sexual Offender Facts

August 23, 2010 Comments off

BLUESHIFT: The purpose and objective of this site is to distribute data on sexual offender registration laws focusing on Ohio. Including the history and status of proposed legislation and court opinions and ongoing litigation.

Sexual Offender Facts Graphs and Statistics with footnotes and references.

Excerpts:

“Today in Ohio nearly 25,000 (or 99.99%) of registered sexual offenders DID NOT re-offend. Only .75 RSOs in Ohio recidivate sexually each day. (.75/25000)*100 = 99.99%.”

“The ten year recidivism rate for the group of sex offenders in this study was 11%. Eight percent of the offenders returned for a new crime. Another 3% were revoked for a parole violation that was sexual in nature (sex crime), or a relapse behavior (sex lapse).”

Ohio AG Petition for Clarification Denied by Ohio Supreme Court

August 17, 2010 Comments off

SLIP OPINION NO. 2010-OHIO-3737
The State of Ohio, Appellee v. Bodyke et al, Appellants.

“1. On June 3, 2010, the court reversed the judgment of the court of appeals in this case. State v. Bodyke,Ohio St.3d, 2010-Ohio-2424,N.E.2d.
2. Appellee, state of Ohio, and amicus curiae Ohio Attorney General
have filed a joint motion for reconsideration and/or clarification.
3. The motion for reconsideration and/or clarification is denied.”

Therefore, there is no longer any excuse for the failure of the Ohio Attorney General’s office to re-classify all affected former offenders. They have been dragging their feet for ten weeks now, refusing to abide by the Supreme Court’s ruling.

See: UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling

In just over 10 weeks, the Ohio AG office has removed only about 1000 registrants from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. But keep in mind that people are forced onto this corrupt registry every day, as well.

The AG office has refused to answer or return our calls. They have now blacklisted Constitutionalfights. And they have told us so, very directly and rudely. So we must rely on you, the readers, to help do the job of holding them accountable.

Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !

We are hearing from some (not many) readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !

Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021

Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515

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

OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov

Media Contacts:

Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127

We are also now actively seeking advice from any legal professionals who read these blogs, regarding potential legal action against the Ohio Attorney General Office for their failure to abide by this Ohio Supreme Court ruling. Please contact us at constitutionalfights@yahoo.com with any advice or willingness to help. Thank you.


Canadians For A Just Society

August 14, 2010 Comments off

Canadians For A Just Society

The Canadian government’s policies and procedures for the management of sex offenders have been driven by public outcry over highly publicized sex offenses. Craig Jones, executive director of the John Howard Society of Canada, calls the changes typical of the Conservative government’s “opportunistic” justice reforms. “They are characterized by a kind of reactive emotionalism driven by populist sensationalism. This is tinkering gone crazy.”

Legislators must avoid such reactionary responses that are based on public fear of this population because the evidence has been unambiguous- many of the policies that have been devised to protect society from violent sexual offenders are ineffective. These failed policies must be eliminated and replaced with policies based on the best available and empirical evidence rather than a media driven national panic. Furthermore, every individual must speak out against these failed policies and demand reforms that work towards making our communities safer, protecting our children, and respecting the dignity of human beings. We will no longer accept ‘feel good’ policies that protect no one, lend a false sense of security, and help foster an environment that makes our children and communities less safe..

If journalists, child advocates, lawmakers and police services are serious about wanting to protect society, they should turn away from persecution as a means to an end, and demand laws and practices designed to actually prevent crime while protect the right of people to heal and move forward; this focus should be based upon prevention and rehabilitation. Much of this information exists. The money wasted on tracking ex-felons who are unlikely to re-offend could be much better spent on preventing child abuse in the home and by educational programs designed to teach children how to avoid abusive situations and potential threats. Educational programs designed to give our children information about how sexual predation is perpetrated would bring a far better result.

See related post: Sex Offenders Denied Entry to Canada

OH: Government Collecting Personal Information About Neighbors of Sex Offenders

August 10, 2010 Comments off

Google/AP: In turnabout, Ohio ex-con gets data on neighbors.

Columbus, Ohio — Neighbors routinely get a picture and a name when a sex offender moves next door. In a turnabout, an Ohio sex offender has received private information about his neighbors, including their Social Security numbers.

The material was shown to The Associated Press by convicted a sex offender XXX, who was mistakenly given the information by a prosecutor. The data also contain the names, addresses and birth dates of nine of XXX’s one-time neighbors on Columbus’ east side.

There was no indication XXX misused anything in the files. XXX, 80, says he came forward because he recognizes the irony of it falling into the hands of someone like him. “Someone with a criminal mind could really use that information the wrong way,” he said.

The case also offers a view into a massive and controversial database designed to track criminals with the help of a raft of background information, including data on people whose only connection to a criminal is a similar address.

Franklin County Prosecutor Ron O’Brien took responsibility for the error, which he believes to be isolated.(yeah, right)

XXX’s former neighbors, meanwhile, are wondering why the government has data about them at all.
“They don’t need to be running my personal information,” said Don Hickman, 47, who still lives on the street where XXX once worked as a live-in church groundskeeper. “I’m not a sex offender. I’ve done nothing wrong here.”

Neighbor information is useful to police when serving warrants, making family connections and finding fugitives, said Shannon Crowther, who heads technology services for the Franklin County Sheriff’s Office.

The information was released to XXX last summer, as prosecutors were grappling with more than 7,000 lawsuits that sex offenders had filed against Ohio’s first-in-the-nation implementation of the federal Adam Walsh Child Protection and Safety Act. The offenders’ challenges contend the federal law’s stricter classifications and longer reporting periods can’t be applied retroactively. (see Bodyke vs. Ohio)

XXX’s His obligation to stay on the registry expired in July. O’Brien said XXX had zealously sought records held in his county sex offender file. After XXX threatened to take the issue to federal court, an assistant prosecutor turned over the documents.

“They feared he’d say, ‘See, you’re still hiding stuff,’ so they released everything in the file, lock, stock and barrel, and didn’t properly review it,” O’Brien said. “They gave him things they shouldn’t have.”

This is what you deserve when you allow government to post citizens on public registries. Once you allow the surveillance of one person, you give up your own privacy as well. You really didn’t think it would stop at just sex offenders, did you?

This former offender should be applauded. He did the right thing; turning over the information to authorities without using it for his own gain, even as the state of Ohio was violating his constitutional rights by keeping him listed on the sex offender registry retro-actively, which has now been prohibited by the Ohio Supreme Court.

Kansas: Relief from Sex Offender Registration

August 6, 2010 Comments off

22-4912 – Chapter 22.–CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE – Article 49.–OFFENDER REGISTRATION

22-4912. Relief from requirement registration. (a) Any offender who was required to be registered pursuant to the Kansas offender registration act K.S.A. 22-4901 et seq. and amendments thereto, prior to July 1, 1999, and who would not have been required to be registered pursuant to the Kansas offender registration act on and after July 1, 1999, as a result of enactment of this act, shall be entitled to be relieved of the requirement to be registered. Such offender may apply to the sentencing court for an order relieving the offender of the duty of registration. The court shall hold a hearing on the application at which the applicant shall present evidence verifying that such applicant no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. If the court finds that the person no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto, the court shall grant an order relieving the offender’s duty to register if the offender no longer fulfills the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. Such court granting such an order shall forward a copy of such order to the sheriff of the county in which such person has registered and to the Kansas bureau of investigation. Upon receipt of such copy of the order, such sheriff and the Kansas bureau of investigation shall remove such person’s name from the registry.

(b) This section shall be part of an supplemental to the Kansas offender registration act.
History: L. 1999, ch. 164, § 37; July 1.

International Megans Law Moves Forward in Congress

August 2, 2010 Comments off

H.R. 5138, The International Megan’s Law of 2010

We have warned about this horrific legislation many times on our blogs. We have asked readers to contact their Representatives to tell them to kill this bill. Now, it has passed the House and will move on to the Senate.

If you are not aware, there is a bill pending in the US Congress which would expand the US Sex Offender Registry (SORNA) Worldwide. This bill must be killed: International Megan’s Law Must be Killed in Congress
Contact your Senators !

See related blog posts: International Megans law EXPOSED! Now, hear the truth …
The International Megan’s Law of 2010
HR1623 International Megan’s Law
International Megans Law Moves Forward in US House
Sex Offender Law Could Go Global

International Travel for Ex Sex Offenders

August 2, 2010 Comments off

Constitutionalfights will be building a new page dealing with the topic of International Travel for Ex Sex Offenders. The intent of this new page is to provide information to former sex offenders who desire, like many other Americans, to travel overseas.

(Note: when we use the term “ex sex offender”, we refer to those who have made a mistake in life and should not be labeled as a “sex offender” for the rest of their lives. We refuse to allow society to brand those who have made a mistake in their past. We are not alluding to whether they are on a registry or not. Most readers of our blogs are on a registry or know someone who is, so we assume most reader reports will be from registered ex offenders)

In our own research, we have been frustrated by just how little information about this subject can be found online. Furthermore, no embassy or country agency which we have contacted will ever give a firm answer on whether a specific ex sex offender can enter their country. It seems to be kind of an unspoken subject which no one wants to talk about. So we ask for your input if you have traveled overseas with a sex offense in your history. Please email us here if you have some valuable information to share with other readers. We thank those readers who have already contacted us with their experiences.

Please limit your email to hard facts about passports, visas, entry,exit and border checks.
State your past conviction category. This will help us to make sense of how different level offenders are treated.

1. Did you apply for an entry visa, or just travel on a US passport?
2. Did they scan your passport at entry?
3. Were you detained or questioned as a result of your past offense?
4. What nations have you entered (or attempted to visit)?
5. Have you found any reliable documentation about any of these policies which you can share with us?

https://constitutionalfights.wordpress.com/international-travel/