Sunday, October 21, 2007

OH - Ex-prison workers challenge update of sex-offender law

View the article here


Two sex offenders are challenging the constitutionality of a new state law that changes the classification, registration and notification requirements imposed on sex offenders, arguing that the changes cannot apply retroactively.

Lawyers with the Cincinnati-based Ohio Justice and Policy Center filed suit Monday in the Ohio Supreme Court on behalf of the sex offenders, joined by the American Civil Liberties Union of Ohio, the Ohio Public Defender and the Columbus-based Equal Justice Foundation.

At issue is Senate Bill 10, signed into law by Gov. Ted Strickland this year and carrying changes that will be effective Jan. 1. It brings Ohio into compliance with the federal law known as the Adam Walsh Act, named after a 6-year-old Florida boy kidnapped from a shopping mall in 1981 and murdered.

The state and federal laws classify sex offenders in three tiers, based on the crime for which the offender was convicted and without considering the likelihood of re-offending.

Current state law requires less registration time -- 10 years is the current minimum -- and classifies sex offenders based on their likeliness to commit another sex crime.

The sex offenders suing are two female former prison workers who pleaded guilty to having consensual sex with inmates. Both were designated sexually oriented offenders, the lowest classification, now requiring 10 years' registration.

The changes in law mean both will be reclassified and required to register for the rest of their lives.

Lawyer David Singleton argued that neither is a community danger. "Labeling them the 'worst of the worst' offenders dilutes the purpose of the registry and will subject them and their families to public hostility and ridicule," he said in a news release.

This is the second constitutional challenge of the state's sex-offender laws that Singleton, executive director of the Ohio Justice and Policy Center, has filed with the state Supreme Court.

The high court heard oral arguments last week on a challenge to the state law forbidding registered sex offenders from living within 1,000 feet of a school. A sex offender who was forced in 2005 to leave the home he bought in 1991 because it is too close to a school argues that the 2003 law cannot apply retroactively.

1 comment :

F.A. said...

"OH - Ex-prison......"
It should as well read 'Oh,exit prison, go directly from jail to living a FULL-LIFE.
More and more state courts are hearing more and more sex offenders challenging these restrictive and abusive laws and taking them to task. There is a group, started here in the Northwest that is organizing a serious rally in Ohio, Dec.1st, this year.[SO-Clear]
The over whelming weight and stress of these abject poverty ridden of value and any sence laws and their ridiculous outcome are NOT being taken as 'normal..doing busines as usual' any longer.
Groups like American Center for Law, ACLU, and a large number of Phd. degreed persons, are presenting facts, hard evidence and years of study to not only disprove these laws effectivenes,but the value of most of these laws at all.
Let us also consider that beyond the horrific challenges for any sex offendcer and their family, the cost of these laws lost valued resources, money, labor are pushing budgets to the brink of ruin. States like Texas, California and many others, with huge operating budgets, are finding funding these laws over the top. This additionally proves that most of these petty lawmakers are jumping before they really look. And sending the tax payer the bill for their neglect.
There is an old addage in marketing that states, humans are not physical as much as they are spiritual. In that they have almost no limit to their level of wants and desires. These demonic laws go stricly against the framer of our being and are totally contrary to the will of our divine nature. Believe that or not, it will be our higher and divine nature that will bring about our best. Not laws passed that restrict, humiliate, denigrate, minimalize, or mortify an individual.The nature of the law in its desing will tell you exacting the nature of the person presenting the law.
And ,until we all ,as a collective group ,stand for what is right ,we will be subject to the tarnishment, hatred, arrogant and grossly indifferent and insufferable penalties brought on by the VERY same people that brought us every human genocide of our past.
Put out the fires of indefrication, let the smoke disappear into our past, and look forward to clear skies and clearer souls and consciousness. It is not only are hope....IT IS OUR BIRTH RIGHT.
"If there is righteouness in the heart, there will be beauty in the character, harmony in the home, order in the nation, peace in the world." Old Dynasty, Chinese proverb.
God Bless & Much Success.
Peace. FAJL