tag:blogger.com,1999:blog-51625698703901954192024-02-07T05:17:41.102-05:00ConstitutionalFights.wordpress.com Repeal Adam Walsh Act Laws !Informing U.S. citizens of Constitutional abuses by our elected officials, in their irresponsible and unconstitutional implementation of the Adam Walsh Act (Sex Offender Laws, SORNA).<br>
<a href="http://www.petitiononline.com/oh08/petition.html">Sign the Petition to Revoke These Abusive Laws</a>Unknownnoreply@blogger.comBlogger1113125tag:blogger.com,1999:blog-5162569870390195419.post-78266952153245278482011-07-15T16:55:00.005-04:002011-07-16T01:53:36.932-04:00Constitutionalfights Blogs Set to Archive Status<p><span style="font-size:85%;"><span style="font-weight: bold; color: rgb(204, 0, 0);">NOTE:<br />Constitutionalfights blogs were set to Archive Status and <span style="font-weight: bold; color: rgb(204, 0, 0);">our email address was inactivated on Sept. 22, 2010.<br /></span></span></span></p><p><span style="font-weight: bold;">History:</span><br />Our blogs were actively updated for 32 months. We had well over 250,000 readers and published more than 1100 blog posts. Our sole and primary mission was to repeal the Ohio <a href="http://constitutionalfights.wordpress.com/?s=%22adam+walsh+act%22">Adam Walsh Act</a> (<a href="http://constitutionalfights.wordpress.com/?s=%22senate+bill+10%22">Senate Bill 10</a>) and to defeat it's unconstitutionally retroactive implementation. However, our mission to defeat the Ohio Adam Walsh legislation has been accomplished. Therefore, we ceased actively updating these blogs. </p><p><br /></p><p><strong>Emailing Constitutionalfights:</strong><br /></p><p>Our email account is no longer active. You may still try to email us, but we do not check this email account at any regular interval. If you do email us, there is virtually no chance of the message getting to me unless it has a relevant subject line. If your email does not have a relevant subject line, it will surely be lost in the junk mail folder. </p><p>Also, if you do try to email us, please do not ramble on about your personal situation and tell me how bad it is. I know how much damage these laws to in the lives of those who are forced to deal with them. Everyone seems to write me long stories about about how unfairly they have been treated and how bad they have it, but don't do this because I wont read it. Frankly don't really care about the specific facts of your case. But if you have a legitimate question, I may still catch it if I check the email account periodically. Why do you think I started Constitutionalfights ? The answer is: to fight against these laws, because they were unconstitutional. I already know how damaging they are to families and individuals.</p><p>Finally, search our blogs before you ask a question. Most answers are found on our blogs. Use the search box on each blog to find related posts. For example: I am constantly asked by readers about laws in other states, or whom they can contact in their state. We only focused on Ohio legislation. Therefore, we do not know the laws in your state, and we are not familiar with laws related to moving to or from Ohio. If you read the blogs, you will see a Links Page with an RSOL link where each state's organizer can be contacted.<br /></p><p>I am not a legal professional and therefore I cannot and will not offer legal advice. So don't ask me for legal advice.<br /></p><p><span style="font-weight: bold;font-size:100%;" ><br /></span><span style="font-size:100%;"><a href="http://constitutionalfights.files.wordpress.com/2010/09/war-300x300.jpg"><img alt="" src="http://constitutionalfights.files.wordpress.com/2010/09/war-300x300.jpg?w=300" style="float: right; cursor: pointer; width: 153px; height: 153px; margin: 0pt 0pt 10px 10px;" border="0" /></a></span><span style="font-size:100%;"><strong>Victory in Ohio:</strong><br />Now, on the heels of the <a href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/">June 3, 2010 Ohio Supreme Court ruling</a> which invalidated the reclassification of ex offenders into more punitive registration requirements, we claim this victory in our mission. we claim this victory for The Constitution of the United States of America and the rule of law.</span></p><p><span style="font-weight: bold;">Continuing the Battles:</span><br />But this is just one battle in the war against onerous, unconstitutional and ineffective sex offender laws across this country. We have posted countless times on our blogs how these sex offender laws are unjust, unconstitutional and ineffective. Hundreds of thousands of ex offenders remain victims of these laws. But the task of spearheading the battles of these citizens will have to be taken by others. Someone must and will eventually step forward just as we did. If not, hundreds of thousands of citizens will continue to have their throats under the boots of legislators across this great nation. Desperate times call for desperate measures.</p><p><span style="font-weight: bold;">Decision:</span><br />I have mixed feelings about ending our active involvement in these fights. I have thought long and hard about it. But the truth of the matter is that everyone in battles such as these are in it for their own interests. I have experienced this many times throughout this 2-1/2 year fight. When an individual's interests are satisfied, they leave the fight. We lost many of those soldiers throughout these last few years. Even those who were in the fight with us but who did not benefit by this particular court ruling have become dismissive of our work now that we have claimed victory.</p><p>Furthermore, very few of those who contacted us, or followed our blogs, actually took any action to join the fight. Sure, there were a few individuals who sent letters and emails or made calls, but these are just a tiny fraction of those who were affected by these laws. Most people took no real action or got actively involved. Most emails I received were complaining to me about their situation, or asking me to do something for them.</p><p><span style="font-weight: bold;">Accolades:</span><br />I would like to recognize those who did do wonderful and effective work; RSOL, Ohio RSOL, Margie Slagle of the Ohio Justice and Policy Institute, Amy Borror of the Ohio Public Defender Office,</p><p>We received <a href="http://constitutionalfights.blogspot.com/2009/02/donations.html">only three donations</a> in 32 months. We thank those individuals for their generosity and help. If you would like to contriubute, you can still send a donation here for all the work we have done over the past 2-1/2 years. But once again, this lack of help by others makes the decision to step away much easier.</p><p><span style="font-weight: bold;"><br /></span><a href="http://constitutionalfights.files.wordpress.com/2010/09/gadsden_flag.jpg"><img alt="" src="http://constitutionalfights.files.wordpress.com/2010/09/gadsden_flag.jpg?w=250" style="float: right; cursor: pointer; width: 160px; height: 107px; margin: 0pt 0pt 10px 10px;" border="0" /></a><span style="font-size:100%;"><span style="font-weight: bold;">It's Not Over:</span><br />Even after this victory in Ohio, we continue to see good people trampled on by politically-correct sex offender legislation. These laws are destroying families across the United States. Many good people are caught up in these webs of public shaming created by our state and federal legislators of both parties. Children of ex offenders are ostracized and shamed. Parents are banned from being involved parents. And people are being shamed on public government web sites and banned from living in certain areas or visiting public places.</span></p><p>Of course, there are some real monsters out there. But only these sensational crime cases make the headline news. Most ex offenders are not a danger to society and simply made a terrible mistake. I know of no one in this world who hasn't made mistakes, yet this is the only group of citizens we refuse to forgive, or allow to continue on living a normal life.</p><p>Sadly, the <a href="http://constitutionalfights.wordpress.com/?s=%22adam+walsh+act%22">Federal Adam Walsh Act (AWA) </a>remains alive, albeit on "life-support". It has been crippled with various legal challenges and revisions. All those who are affected by this terrible legislation should continue to seek its ultimate repeal. An AWA Study Guide can be downloaded <a href="http://drop.io/adamwalshact">here</a>.</p><p><strong>Lawsuit Against Ohio:</strong></p><p>If any reader is a legitimate legal professional who is willing to organize a class action lawsuit against the State of Ohio, in the wake of the Supreme Court rulings which found these laws to be a violation of our constitutional rights, please contact us (or Ohio RSOL). Because these laws were enforced for two years before being ruled unconstitutional, we believe we have standing to form a large class action lawsuit against the State of Ohio.<br /></p><p><span style="font-weight: bold;">Logic and Facts:</span><br />If we are to have offender registries, they must be risk-based. Evidence must be given in a court of law to prove that an offender is a high risk. If this evidence cannot be made in court, an ex offender should not be on a sex offender registry.</p><p>Sex Offender Registries should not be public ! Registries of those truly dangerous should be available to law enforcement agents only. Over 90% of sex assaults are committed by an acquaintance of the victim. This "stranger danger" hysteria myth must be killed with <a href="http://constitutionalfights.wordpress.com/?s=data">factual data.</a><br /></p><p>The widespread lies about sex offender recidivism must be defeated. Many research studies have been completed to determine <a href="http://constitutionalfights.wordpress.com/?s=recidivism">actual sex offender recidivism</a>. Their results almost always provide a recidivism rate range between 5 -15% .</p><p><span style="font-weight: bold;"><br /></span><a href="http://constitutionalfights.files.wordpress.com/2010/09/raisedfist1.jpg"><img alt="" src="http://constitutionalfights.files.wordpress.com/2010/09/raisedfist1.jpg?w=300" style="float: right; cursor: pointer; width: 160px; height: 159px; margin: 0pt 0pt 10px 10px;" border="0" /></a><span style="font-size:100%;"><span style="font-weight: bold;">Encouragement:</span><br />We urge all those who are still adversely affected by sex offender laws in this nation to become actively involved in the fight against them. Join and support the efforts of <a href="http://www.reformsexoffenderlaws.org/index.php">RSOL</a> and<a href="http://www.reformsexoffenderlaws.org/groups/index.php"> your state RSOL affiliate</a>. Write, email, call and meet with legislators, donate your time and money to the efforts of those actively fighting, create information blogs like ours, post responses to online articles, gather statistics and spread truth.</span></p><p>And so this blog is now set to Archive Mode. This means that we will no longer be updating it, but will retain its content for the world to read. We will also not be checking or responding to any emails after October 1, 2010. In addition to the above referenced reasons, this is partly due to the fact that too many people in the "network" too often abuse the "reply all" button without regard to whom they are sending emails.</p><p><span style="font-weight: bold;">Final Word:</span></p><p>"First they came for the Jews and I did not speak out because I was not a Jew.<br />Then they came for the Communists and I did not speak out because I was not a Communist.<br />Then they came for the trade unionists and I did not speak out because I was not a trade unionist.<br />Then they came for me and there was no one left to speak out for me. "</p><p><span style="font-style: italic;">Pastor Martin Niemöller (1892–1984)<br /></span><a href="http://constitutionalfights.files.wordpress.com/2010/09/holocaust06priest3-450.jpg"><img alt="" src="http://constitutionalfights.files.wordpress.com/2010/09/holocaust06priest3-450.jpg?w=203" style="cursor: pointer; width: 136px; height: 200px; margin: 0pt 0pt 10px 10px;" border="0" /></a><a href="http://constitutionalfights.files.wordpress.com/2010/09/holocaust4nazi-execution.jpg"><img alt="" src="http://constitutionalfights.files.wordpress.com/2010/09/holocaust4nazi-execution.jpg?w=300" style="cursor: pointer; width: 200px; height: 178px; margin: 0pt 0pt 10px 10px;" border="0" /></a><br /></p>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-79868325654305671642011-07-14T04:05:00.009-04:002011-07-14T04:21:43.063-04:00Ohio Supremes Ban Retroactive Use of Sex Offender Law<h1 style="color: rgb(0, 0, 0);"><a href="http://www.upi.com/Top_News/US/2011/07/13/Court-Sex-offender-law-not-retroactive/UPI-79241310605527/"><span style="font-size:85%;">Court: Sex offender law not retroactive</span></a></h1><span style="font-size:85%;">COLUMBUS, Ohio, July 13 (UPI) -- A law on registration and community notification for released sex offenders cannot be applied retroactively, the Ohio Supreme Court said Wednesday.</span> <p><span style="font-size:85%;"><span style="color: rgb(153, 0, 0);">The justices ruled 5-2 the 2007 Ohio Adam Walsh Law can only be applied to offenders who committed their crimes after it became effectiv</span>e, The Columbus (Ohio) Dispatch reported. The court reversed a decision by a state appeals court.</span></p> <p><span style="font-size:85%;">"The General Assembly has the authority, indeed the obligation, to protect the public from sex offenders," Justice Paul Pfeifer said. "It may not, however, consistent with the Ohio Constitution, 'impose new or additional burdens, duties, obligations, or liabilities as to a past transaction.'"</span></p> <p><span style="font-size:85%;">Justice Terrence O'Donnell in the minority opinion said the court has said in previous rulings that requiring sex offenders to register and providing community notification in some cases are civil sanctions, not criminal penalties.</span><strong></strong></p><p><span style="font-size:130%;"><a href="http://www.blogger.com/Ohio%20Supremes%20Ban%20Retroactive%20Use%20of%20Sex%20Offender%20Law:%20Hundreds%20of%20previously-convicted%20sex%20offenders%20will%20be%20affected"><span style="font-weight: bold;">Ohio Supremes Ban Retroactive Use of Sex Offender Law: Hundreds of previously-convicted sex offenders will be affected</span></a></span><br /><strong></strong></p><p><strong></strong>The Ohio Supreme Court, in a ruling published today, has declared that imposing "enhanced" sex offender registration and community notification requirements on previously-convicted sex offenders, as required by the Ohio Adam Walsh Act (AWA) which was contained in 2007's Senate Bill (SB) 10 is a violation of the Ohio Constitution.</p><span style="font-size:85%;"><span style="color: rgb(153, 0, 0);"></span></span> <div class="body"> <p><span style="font-size:85%;">"When the General Assembly adopted the AWA by enacting 2007 S.B. 10," stated a Ohio Supreme Court press release, "it included statutory language requiring that, regardless of the date on which a defendant’s crime was committed, state courts sentencing sex offenders on or after July 1, 2007 must apply a new three-tiered AWA offender classification scheme and must include in the defendant’s sentence registration and community notification requirements set forth in the AWA that are more severe than similar provisions in the prior, Megan’s Law, version of the statute."</span></p> <p><span style="font-size:85%;">The decision was based on Article II, Sec. 28 of the Ohio Constitution, which states in part, <span style="color: rgb(153, 0, 0);">"The general assembly shall have no power to pass retroactive laws</span>." Similar wording can be found in the U.S. Constitution as well, where one clause in Article I, Sec. 9 reads, "No Bill of Attainder or <em>ex post facto</em> ["after the fact"] Law shall be passed."</span></p> <p><span style="font-size:85%;">The case at issue was <em>State v. George Williams</em>, where the defendant had been convicted for engaging in sexual conduct with a minor—conduct which took place prior to July, 2007, although Williams was convicted on the charges in December, 2007, after SB 10 had been passed.</span></p> <p><span style="font-size:85%;">"Prior to his sentencing hearing," the Supreme Court's press release stated, "Williams entered a motion asking the trial court to sentence him under the Megan’s Law sex offender classification scheme that was in effect on the date of his offense, rather than under the AWA classification scheme. The trial court overruled Williams’ motion. Pursuant to the AWA he was classified as a Tier II offender, which required him to register with the sheriff in his county of residence, and in any other county in which he worked or attended school, every 180 days for the next 25 years." Under Megan's Law, his registration and reporting requirements would have been limited to 10 years.</span></p> <p><span style="font-size:85%;">Williams appealed that ruling under the <em>ex post facto</em>/retroactivity clauses of both the Ohio and U.S. Constitutions, as well as arguing violation of the U.S. Constitution's due process clauses and its ban on double jeopardy.</span></p> <p><span style="font-size:85%;">Another portion of the AWA, which would have allowed the Ohio Attorney General to reclassify sex offenders without the necessity of judicial approval, was overturned by the same court just over one year ago.</span></p> <p><span style="font-size:85%;">The Ohio Supreme Court's 5-2 decision, authored by Justice Paul E. Pfeifer, overturning the AWA was largely based on the fact that<span style="color: rgb(153, 0, 0);"> while several state decisions had held that the registration requirements of Megan's Law were considered remedial rather than punitive in nature, "Following the enactment of SB 10, all doubt has been removed: R.C. Chapter 2950 [the AWA] is punitive,</span>" Justice Pfeifer stated in the majority opinion. "The statutory scheme has changed dramatically since this court described (in [<em>State v.</em>] <em>Cook</em>) the registration process imposed on sex offenders as an inconvenience 'comparable to renewing a driver’s license.' ... And it has changed markedly since this court concluded in [<em>State v.</em>] <em>Ferguson</em> that R.C. Chapter 2950 was remedial... </span></p> <p><span style="font-size:85%;">"Based on these significant changes to the statutory scheme governing sex offenders, we are no longer convinced that R.C. Chapter 2950 is remedial, even though some elements of it remain remedial...," the high court concluded. "We conclude that SB 10, as applied to Williams and any other sex offender who committed an offense prior to the enactment of SB 10, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from enacting retroactive laws."</span></p> <p><span style="font-size:85%;">"The Ohio Supreme Court decision in Williams does a really good job of explaining how<span style="color: rgb(153, 0, 0);"> in light of these internet websites that we now have, and community notification and criminal penalties attaching and more periodic registration in person with a sheriff there, all of these measures are looking more and more and more like punishment and less and less and less like a driver's license</span>," one attorney analyzed, "and as that shift has happened, it's become more like criminal punishment, and really,<span style="color: rgb(153, 0, 0);"> the Ohio Supreme Court is the first top court in a state to characterize it that way."</span></span></p> <p><span style="font-size:85%;">Kinsley said that through her discovery motions in the case, it had been revealed that hundreds of people in Ohio will be affected by today's decision, and will now be able to get on with their lives without the stigma of appearing on sex offender websites.</span></p> </div><h1 class="hed"><span style="font-size:85%;"><a href="http://www.dispatch.com/live/content/local_news/stories/2011/07/13/sex-offender-law-unconstitutional.html?sid=101">Court: Law applied to convicted sex offenders violates constitution</a></span></h1><span style="font-size:85%;">The legislature's attempt four years ago to apply a new law to already-convicted sexual offenders violated the Ohio Constitution, the state Supreme Court ruled today.</span> <p><span style="font-size:85%;">Imposing enhanced registration and community notification requirements in the 2007 Ohio Adam Walsh Act against defendants whose crimes were committed before the effective date of that law violates a constitutional prohibition on the General Assembly enacting retroactive laws, the justices declared.</span></p> <p><span style="font-size:85%;">The 5-2 decision, which reversed a ruling by the 12th District Court of Appeals, was written by Justice Paul E. Pfeifer.</span></p> <p><span style="font-size:85%;">"The General Assembly has the authority, indeed the obligation, to protect the public from sex offenders," Pfeifer said. "It may not, however, consistent with the Ohio Constitution, 'impose new or additional burdens, duties, obligations, or liabilities as to a past transaction.' "</span></p> <p><span style="font-size:85%;">Joining the majority opinion were Chief Justice Maureen O'Connor and Justices Evelyn Lundberg Stratton, Judith Ann Lanzinger and Yvette McGee Brown.</span></p> <p><span style="font-size:85%;">Justice Terrence O'Donnell authored the dissenting opinion, which was joined by Justice Robert R. Cupp.</span></p> <p></p><p><span style="font-size:85%;">Today's decision came on the appeal of George Williams of Warren County, convicted in December 2007 for engaging in sexual conduct with a minor an offense that occurred before the Adam Walsh Act took effect. Williams asked the judge to sentence him under the previous sex offender classification setup, known as Megan's Law.</span></p> <p><span style="font-size:85%;">The judge rejected that motion and classified him under the more stringent Adam Walsh Act as a Tier II offender, which required him to register with the sheriff in his home county and in any other county in which he worked or attended school, every 180 days for the ensuing 25 years.</span></p> <p><span style="font-size:85%;">Williams appealed, but was turned down by the 12th District Court of Appeals.</span></p> <p><span style="font-size:85%;">Pfeifer noted that in earlier Supreme Court decisions on previous changes in the sex offender law, justices upheld the changes because they were more remedial than punitive, and thus the constitutional ban on retroactive laws did not apply. <span style="color: rgb(153, 0, 0);">But the changes in the Adam Walsh Act made them punitive, and therefore unconstitutional.</span></span></p><br /><div style="text-align: left; padding: 4px 0pt 2px;font-size:18pt;"> <span style="font-size:85%;"><a href="http://www.wksu.org/news/story/28845">New Ohio Sex Offenders Proposed Law </a></span></div> <div style="font-weight: bold;font-size:10pt;"><span style="font-size:85%;"><a href="http://www.wksu.org/news/story/28845">WTAP News</a></span></div> <div style="padding: 0pt 0pt 5px;"><span style="font-size:85%;">The Ohio Supreme Court could have new rules when it comes to registering sex offenders...unless the crime was committed before 2007. </span></div>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-45189046285099767452011-07-11T05:07:00.005-04:002011-07-11T05:13:27.254-04:00Is Application of ‘Adam Walsh Act’ to Crime Committed Before Law Took Effect Unconstitutionally Retroactive?<h2><span style="font-size:85%;">Is 'Adam Walsh' Classification of Sex Offender Who Was Never Classified Under Megan's Law Constitutional?</span></h2> <p><span style="font-size:85%;"><em><strong>Case Also Asks If Offender Has Right to Counsel for Classification Hearing</strong></em></span></p> <p><span style="font-size:85%;"><em>State of Ohio v. Lambert Dehler</em>, Case no. 2009-1974<br />11<sup>th</sup> District Court of Appeals (Trumbull County)</span></p> <p><span style="font-size:85%;">ISSUES:</span></p> <ul><li><span style="font-size:85%;">Does retroactive imposition of sex-offender registration requirements enacted in 2007 as part of the Ohio Adam Walsh Act (AWA) on an offender whose crime was committed before the effective date of the AWA violate the ex post facto and due process clauses of the U.S. Constitution, and/or the provision of the Ohio Constitution prohibiting retroactive laws?</span></li><li><span style="font-size:85%;">Does the Supreme Court of Ohio’s 2010 decision in <em>State v. Bodyke</em> bar the attorney general from imposing AWA registration and community notification requirements on pre-1997 sex offenders who never received a sex offender classification by a court under the prior, Megan’s Law, version of Ohio’s sex offender statute?</span></li><li><span style="font-size:85%;">Is an indigent sex offender who files a timely petition contesting his classification under the AWA entitled to the appointment of legal counsel to represent him?</span></li></ul> <p><span style="font-size:85%;">BACKGROUND: Under Megan’s Law, which took effect Jan. 1, 1997, the cases of all prison inmates who were serving sentences for sexually-related crimes on that date were required to be reviewed by the trial court in which the offender was convicted prior to or within one year after the offender’s release from prison. The purpose of this review was for the court to determine, based on the circumstances of each offender’s crimes and his/her personal and social history, whether that person should be classified as a low-risk (sexually-oriented), medium risk (habitual) or high-risk (sexual predator) offender. After classifying the offender, the court was then required to impose post-release registration and community notification requirements set by law for the class of offenders into which he or she had been placed. From 1997 through June 2007, when an incarcerated pre-1997 sex offender approached the completion of his/her prison term, the Ohio Department of Corrections notified the trial court in which that person was convicted. The court then reviewed the offender’s case, assigned the offender to a Megan’s Law classification, and notified the offender of his/her statutory post-release registration and (where applicable) community notification requirements.</span></p> <p><span style="font-size:85%;">Effective July 1, 2007, Megan’s Law was repealed and replaced by the AWA. Under the provisions of the AWA, pre-release judicial review of the cases of pre-1997 offenders was eliminated and the attorney general was empowered to automatically assign all past offenders to one of three newly-created “tiers” based exclusively on the crime(s) for which that person was convicted and assign new, more restrictive registration and community notification requirements on each offender. </span></p> <p><span style="font-size:85%;">In a June 2010 decision, <em>State v. Bodyke</em>, the Supreme Court of Ohio severed (voided) the provisions of the AWA that authorized the attorney general to reclassify and impose more severe registration and community notification requirements on sex offenders who had previously been classified by a court under Megan’s Law. In this case, the Court is asked to decide whether its severance of the offending sections of law in <em>Bodyke</em> also bars the attorney general from imposing AWA registration and community notification requirements on pre-1997 sex offenders who did not become eligible for release from prison during the time Megan’s Law was in effect, and who therefore never came before a court for classification under the Megan’s Law version of the statute. </span></p> <p><span style="font-size:85%;">Lambert Dehler was convicted on two counts of rape and two counts of gross sexual imposition in 1992 and sentenced to long prison terms. Because he did not become eligible for release during the 1997-2007 period when Megan’s Law was in effect, the corrections department never referred Dehler’s case to the trial court for post-release sex offender classification. In January 2008, Dehler received a letter from the state attorney general’s office informing him that, pursuant to the AWA, the attorney general had classified Dehler as a Tier III (highest risk) offender based on his rape convictions, and that based on his classification, upon release from prison he would be subject to lifetime registration and community notification requirements.</span></p> <p><span style="font-size:85%;">Dehler filed a petition in the Trumbull County Court of Common Pleas contesting his classification, and requested that legal counsel be appointed to represent him in pursuing that petition. The trial court granted summary judgment in favor of the state, noting that under prior Ohio Supreme Court decisions an order imposing registration or community notification requirements on a sex offender has been held to be a civil, remedial order that does not increase the “punishment” for a past crime. Applying that same analysis to Dehler’s claims, the trial court held that imposing AWA registration requirements on Dehler retroactively was not unconstitutional and Dehler had no right to appointed counsel in a civil proceeding that did not expose him to a threat of imprisonment. Dehler appealed. The 11<sup>th</sup> District Court of Appeals affirmed the trial court’s award of summary judgment in favor of the state.</span></p> <p><span style="font-size:85%;">Dehler sought and was granted Supreme Court review of the 11<sup>th</sup> District’s holdings.<br /><br />With regard to whether the AWA imposes “punishment,” and therefore may not be applied retroactively, Dehler’s attorneys advance arguments similar to those offered in the preceding case.</span> <span style="font-size:85%;"><br />(See <em>State v. Williams</em> preview above). They also assert the state attorney general has no legal authority to impose or change a criminal sentence except under the provisions of the AWA that have been voided by this Court’s decision in <em>State v. Bodyke</em>, and therefore the attorney general acted without jurisdiction in imposing AWA registration and notification requirements on Dehler. </span></p> <p><span style="font-size:85%;">With regard to the right to counsel, Dehler’s attorneys argue that because AWA registration and community notification requirements are now part of the sentence imposed on a defendant by a trial court at the conclusion of a criminal trial, any proceeding to contest the imposition of those requirements on Dehler based on his 1992 convictions is criminal in nature and invokes his right to appointed legal counsel.</span></p> <p><span style="font-size:85%;">As in <em>State v. Williams</em> (see preceding case preview above), attorneys for the state cite prior Supreme Court of Ohio decisions holding that sex offender classification, registration and community notification requirements are civil rather than criminal in nature, and therefore are not subject to constitutional challenges under either the ex post facto clause of the U.S. Constitution or the retroactivity clause of the Ohio Constitution. For the same reason, they say, because imposition of the AWA’s registration and notification requirements is a remedial action intended to protect the public rather than to inflict “punishment” on the offender, court proceedings to contest an AWA classification are civil rather than criminal in nature, and offenders challenging their classifications are therefore not entitled to appointed counsel.</span></p> <p><span style="font-size:85%;"><b>Contacts</b><br />Deena L. DeVico, 330.675.2916, for the state and Trumbull County prosecutor's office.</span></p> <p><span style="font-size:85%;">Jason A. Macke, 614.466.5394, for Lambert Dehler.</span></p><p><br /></p><p><span style="font-size:85%;"><a href="http://www.ohiochannel.org/MediaLibrary/Media.aspx?fileId=129295">Ohio Channel Video</a></span></p><p><span style="font-size:85%;"><a href="http://www.blogger.com/www.supremecourt.ohio.gov/PIO/oralArguments/11/0301/0301.asp"><br /></a></span></p><p><span style="font-size:85%;"><a href="http://supremecourt.ohio.gov/PIO/oralArguments/11/0301/0301.asp">http://www.supremecourt.ohio.gov/PIO/oralArguments/11/0301/0301.asp </a></span></p><div class="dottedLine15"> </div>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-51626592035288401842011-02-10T18:48:00.004-05:002011-02-17T00:03:55.334-05:00Ohio HB 77 Bill Summary - Sex Offender Reclassification<span style="font-size:85%;"><a href="http://www.legislature.state.oh.us/analysis.cfm?ID=129_HB_77&ACT=As%20Introduced&hf=analyses129/h0077-i-129.htm">http://www.legislature.state.oh.us/analysis.cfm?ID=129_HB_77&ACT=As%20Introduced&hf=analyses129/h0077-i-129.htm</a><br /><br />Summary, and Content and Operation:<br /><br />Excerpt:<br /><br /><span style="font-weight: bold;">Court reclassification or classification of pre-S.B. 10 offenders and delinquent children into S.B. 10 Tier classification</span><br /><br />Conviction, guilty plea, or adjudication prior to January 31, 2011 -<br /><br />The bill repeals the existing provisions that contain the reclassification mechanism enacted in S.B. 10 and that the Supreme Court in Bodyke, supra, held to be unconstitutional (repeal of R.C. 2950.031 and 2950.032). It also repeals two existing, related provisions enacted in S.B. 10. One of the related provisions extends the S.B. 10 reclassification mechanism to offenders and delinquent children whose registration and other duties under the SORN Law was scheduled to expire on or after July 1, 2007, and before January 1, 2008. The other requires a sheriff to notify the AG when an offender or delinquent child initially registers an address with the sheriff on or after December 1, 2007, based upon a duty imposed for an offense committed prior to that date (repeal of R.C. 2950.033 and 2950.043; these sections were not addressed in Bodyke, supra). The bill enacts a judicially based reclassification mechanism to replace the repealed, unconstitutional mechanism. It also enacts a provision that extends the new mechanism to offenders and delinquent children whose registration and other duties under the SORN Law were modified as a result of the operation of the S.B. 10 reclassification mechanism and, subsequently, were terminated or scheduled to be terminated as a result of the decision in Bodyke, supra (see "When SORN Law duties terminated or to be terminated under Bodyke," below).</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-74928765116333897002011-02-08T00:12:00.002-05:002011-02-08T00:17:04.369-05:00Fighting Ohio House Bill 77 - Reclassification of Sex Offenders<span style="font-style: italic; color: rgb(204, 0, 0);font-size:85%;" >This is a letter we sent today to the Ohio Representatives on the eve of the Criminal Justice Committee hearing of Wed, Feb 9th, 2011. We urge all readers to write, email and call the Representatives listed on the <a href="http://constitutionalfights.wordpress.com/2011/02/07/oh-house-trying-to-retroactively-classify-past-offenders-again/">previous posting to strongly oppose this House Bill 77</a>:</span><span style="font-size:85%;"><br /><br />Representative:<br /><br />I lead an organization named ConstitutionalFights which strongly opposes House Bill 77, introduced by Rep. Hackett. This bill will come before the House Criminal Justice Committee on Wed. Feb, 9, 2011. <br /><br />HR 77 is the Legislature's latest attempt to re-classify citizens who have a sex offense conviction in their past. We strongly urge you to oppose advancement of this bill.<br /><br />The intent of HR 77 is very similar to that of Senate Bill 10, which was ruled as a constitutional violation on June 3, 2010 by the Ohio Supreme Court in Bodyke vs, Ohio ( R.C. Chapter 2950 — Sex offenders — R.C. 2950.031 and2950.032 violate separation of powers by requiring executive branch to reclassify sex offenders already classified by court order).<br /><br />The difference with HR 77 is that it orders all affected citizens to appear in court for a second sex offender classification hearing.<br />This is an attempt to bypass the Separation of Powers violation.<br /><br />But in the 2010 Ohio Supreme Court ruling, the challenges of Due Process, Double Jeopardy and Ex Post Facto violations were not<br />even addressed by the Court. Had these challenges been decided, they would certainly have resulted in similar nullification of the law.<br /><br />HR 77 requires any citizen with a sex offense who had not matriculated off the sex offender registry by January 1, 2008 to appear before a Court for a second sex offender classification hearing. A majority of these individuals had fulfilled all requirements put upon them by the sex offender laws in place at the time of their conviction or plea. To haul them back into Court for a new classification hearing where a new set of registry requirements would be imposed is a violation of the Ohio and U.S. Constitutions. This bill violates the Due Process, Double Jeopardy and Ex Post Facto clauses of our Constitutional rights.<br /><br />In addition to the constitutional violations of any law which attempts to retroactively reclassify offenders and to impose new and more stringent sex offender registry requirements, there are several other factors which our Legislature must consider when drafting sex offender legislation.<br /><br />Firstly, there is no empirical or statistical data or evidence to support the contention that public sex offender registries have any<br />effect on recidivism or public safety. In fact, the only data correlating these two factors is in opposition to popular conception.<br />Publicly-accessible sex offender registries actually serve to isolate humiliate individuals to the point where they cannot build family and social support systems necessary to live productive and law-abiding lives. Along with residency restrictions, these public registries are no less than a Scarlet Letter which brands individuals, often<br />for a lifetime from normal social life and interaction.<br /><br />Public sex offender registries do not prevent crimes. National media sensationalistic news reports of hideous sex offenses actually support this contention. In recent years, the highest profile news stories of sex offenses have involved men who were actively compliant registered sex offenders. These registries are simply a means for legislators to appear tough on sex crimes and an excuse for the public to feel better.<br />But the harm they do in the lives and families of tens of thousands of Ohio citizens caught up in the registry net is dramatic.<br /><br />A popular myth is that sex offenders have a high recidivism rate. The statistical data proves this to be false. The U.S. Department of Justice statistics refute this myth. USDOJ data reports that "Recidivism Rates of Sexual Offenders (5.3% re-arrested, 3.3% of Child victimizers re-arrested)"<br />(http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1136)<br /><br />The Ohio Department of Rehabilitation study, "Ten-Year Recidivism Follow-Up Of 1989 Sex Offender Releases", concludes that the recidivism rate for child -victim sex offenders (outside family) for a new sex-related crime in Ohio is 8.7%. The recidivism rate for all sex offenders for a new sex-related crime in Ohio is 8.0%.<br />(http://www.drc.state.oh.us/web/Reports/Ten_Year_Recidivism.pdf)<br /><br />Numerous other studies have reported similar data. I can provide official sources.<br /><br />Finally, this is just morally unjust. Most of the individuals who would be affected by legislation such as HB 77 are those who made a terrible error in their lives many years ago (often times 10 -20 years ago).<br />They have been living law-abiding, productive lives in the years since they served their debt to society. All of us make mistakes in our lives, yet sex offenders are the only group to which we give no second chance. If the laws are in place at the time of conviction, we have no argument. But imposing new laws in order to recapture those who completed their obligations many years ago is simply immoral and wrong.<br /><br />I could continue with supporting arguments but in an effort to be concise, I will conclude. I would welcome the opportunity to provide additional supporting information to the Committee members<br />for their consideration in these hearings. After the 2010 Ohio Supreme Court ruling (Bodyke vs, Ohio) which we fought for 3 years, we have extensive experience in studying sex offender laws, their effects, and the related empirical data within Ohio and throughout the nation.<br /><br />We urge you to strongly oppose House Bill 77 and any future legislation which attempts to retroactively classify those who have long since satisfied all registration requirements of their offenses.<br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-16644778772732653552011-02-07T00:49:00.008-05:002011-02-08T18:44:17.373-05:00OH: House Trying to Retroactively Classify Past Offenders (Again)<span style="font-size:85%;"><a href="http://constitutionalfights.wordpress.com/2011/02/03/call-to-action-oh-legislature-going-at-it-again/">As we posted last week</a>, The Ohio House of Representatives has proposed a new bill <a href="http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_77">(HR 77)</a><br /><br /><span style="color: rgb(204, 0, 0);">If this bill passes, anyone who had not yet matriculated off of the sex offender registry by January 1, 2008 would be hauled back into court for a second sex offender classification hearing where a judge would instate a new sex offender classification</span>. The result of this bill would be exactly what Senate Bill 10 did in 2008 <span style="color: rgb(204, 0, 0);">(to reclassify those who should have graduated off of the registry and impose new registry requirements on them, often a life-long registration requirement).</span><br /><br />HB 77 is to be debated in the <a href="http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=98">House Criminal Justice Committee</a> on <span style="color: rgb(204, 0, 0);">Wed. Feb, 9, 2011 at 9 am</span>. <span style="color: rgb(204, 0, 0);">Everyone affected or concerned with this matter should attend this hearing at The Ohio Statehouse in Columbus Ohio. (update Feb 8: we are told by Rep. Slaby's assistant that only sponsors will participate in this first hearing, and that opponents will not be permitted to participate).</span><br /><br />The hearing is open to the public and opposing opinions are allowed. Just fill out the witness form when you enter the statehouse. If you have any written information for the record, you should submit it as well.<br /><br /><span style="color: rgb(204, 0, 0);">If we act proactively and if we have a large number of people attend this hearing, we can avoid a repeat of the 2-1/2 year debacle which we experienced with the implementation of Senate Bill 10</span> from Jan 2008 through June 2010 <a href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/">when it was finally ruled to be illegal.</a><br /><br />We have a good chance to defeat this bill before it advances to a vote. But<span style="color: rgb(204, 0, 0);"> only if we have others willing to join in the fight, appear at the hearing and communicate your opposition to the bill.</span><br /><br />In the meantime, <span style="color: rgb(204, 0, 0);">readers should contact the bill's sponsors and Committee members</span> to clearly express their opposition to this House Bill 77, which would retroactively classify anyone with a sex offense who was not removed from the ESORN sex offender registry before January 1, 2008. This retroactive bill is a violation of the U.S. and Ohio Constitutions which expressly forbid any<a href="http://constitutionalfights.wordpress.com/2009/02/20/us-constitution-ex-post-facto-lesson/"> ex post facto</a> law. It also violates constitutional rights of the Double Jeopardy clause of both Constitutions.</span><br /><br /><p><span style="font-weight: bold;font-size:85%;" >Bill Sponsors:</span></p> <p><span style="font-size:85%;">REPRESENTATIVES:<br /><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Hackett&SESSION=129">Hackett </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Garland&SESSION=129">Garland </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Blessing&SESSION=129">Blessing </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Combs&SESSION=129">Combs </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Grossman&SESSION=129">Grossman </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Hottinger&SESSION=129">Hottinger </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Patmon&SESSION=129">Patmon</a></span></p> <p><span style="font-size:85%;">Bob D. Hackett, Representative<br />Phone: (614) 466-1470<br />Fax: (614) 719-6984<br />Email: district84@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Nancy J. Garland, Representative<br />Phone: (614) 644-6002<br />Fax: (614) 719-6959<br />Email: district20@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Louis W. Blessing, Jr., Speaker Pro Tempore<br />Phone: (614) 466-9091<br />Fax: (614) 719-3583<br />Email: district29@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Courtney Combs, Representative<br />Phone: (614) 644-6721<br />Fax: (614) 719-6954<br />Email: district54@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Cheryl L. Grossman, Assistant Majority Whip<br />Phone: (614) 466-9690<br />Fax: (614) 719-6962<br />Email: district23@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Jay Hottinger, Representative<br />Phone: (614) 466-1482<br />Fax: (614) 719-3971<br />Email: district71@ohr.state.oh.us</span></p> <p><span style="font-size:85%;">Bill Patmon, Representative<br />Phone: (614) 466-7954<br />Fax: (614) 719-0010<br />Email: district10@ohr.state.oh.us</span></p><span style="font-size:85%;"><br /></span><span style="font-weight: bold;font-size:85%;" >Criminal Justice Committee:</span><span style="font-size:85%;"><br /><br />Lynn Slaby R Chair<br />Phone: (614) 644-5085<br />Fax: (614) 719-6941<br />Email: district41@ohr.state.oh.us<br /><br />Roland Winburn D Ranking Minority Member<br />Phone: (614) 466-2960<br />Fax: (614) 719-6940<br />Email: district40@ohr.state.oh.us<br /><br />Bill Hayes R Vice Chair<br />Phone: (614) 466-2500<br />Fax: (614) 719-6991<br />Email: district91@ohr.state.oh.us<br /><br />Nancy J. Garland D<br />Phone: (614) 644-6002<br />Fax: (614) 719-6959<br />Email: district20@ohr.state.oh.us<br /><br />Louis W. Blessing, Jr. R<br />Phone: (614) 466-9091<br />Fax: (614) 719-3583<br />Email: district29@ohr.state.oh.us<br /><br />Connie Pillich D</span> <span style="font-size:85%;"><br />Phone: (614) 466-8120<br />Fax: (614) 719-3582<br />Email: district28@ohr.state.oh.us<br /><br />Danny R. Bubp R<br />Phone: (614) 644-6034<br />Fax: (614) 719-6988<br />Email: district88@ohr.state.oh.us<br /><br />W. Carlton Weddington D</span> <span style="font-size:85%;"><br />Phone: (614) 466-5343<br />Fax: (614) 719-3581<br />Email: district27@ohr.state.oh.us<br /><br />William P. Coley, II R<br />Phone: (614) 466-8550<br />Fax: (614) 719-6955<br />Email: district55@ohr.state.oh.us<br /><br />Sandra Williams D</span> <span style="font-size:85%;"><br />Phone: (614) 466-1414<br />Fax: (614) 719-0011<br />Email: district11@ohr.state.oh.us<br /><br />Joseph W. Uecker R<br />Phone: (614) 466-8134<br />Fax: (614) 719-3966<br />Email: district66@ohr.state.oh.us<br /><br />Ron Young R Member<br />Phone: (614) 644-6074<br />Fax: (614) 719-3963<br />Email: district63@ohr.state.oh.us</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-27291401005607590792011-02-03T23:55:00.009-05:002011-02-04T00:20:21.717-05:00Call to Action : OH Legislature Going at it Again - Part 2<span style="font-size:85%;">It appears that a similar bill was introduced in the Ohio Senate in Nov. 2010. <a href="http://www.legislature.state.oh.us/bills.cfm?ID=128_SB_316">Senate Bill 316</a> was proposed by Senators: <a href="http://www.ohiosenate.gov/bill-seitz.html">Seitz</a>, Miller, <a href="http://www.ohiosenate.gov/mark-wagoner.html">D. Wagoner,</a> <a href="http://www.ohiosenate.gov/tim-grendell.html">Grendell</a>, <a href="http://www.ohiosenate.gov/nina-turner.html">Turner</a>, and <a href="http://www.ohiosenate.gov/shirley-a.-smith.html">Smith.</a><br /><br />Senate Bill 316 is "to clarify </span><span style="color: rgb(204, 0, 0);font-size:85%;" >for an offender or delinquent child who had SORN Law duties under the SORN Law in effect prior to January 1, 2008</span><span style="font-size:85%;">, the offender's or child's duties under the current SORN Law and the duration of those duties and to declare an emergency."<br /><br />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.<br /><br />SB 316 Sponsors:<br /><br />Bill Seitz (R)<br />Phone: (614) 466-8068<br />Email: SD08@senate.state.oh.us<br /><br />Mark Wagoner (R)<br />Phone: (614) 466-8060<br />Email: SD02@senate.state.oh.us<br /><br />Tim Grendell (R)<br />Phone: (614) 644-7718<br />Email: SD18@senate.state.oh.us<br /><br />Nina Turner (D)<br />Phone: (614) 466-4583<br />Email: SD25@maild.sen.state.oh.us<br /><br /><br />Shirley A. Smith (D)<br />Phone: (614) 466-4857<br />Email: SD21@maild.sen.state.oh.us<br /><br />The intent of SB 316 and HB 77 is to:<br /><br /></span><span style="color: rgb(204, 0, 0);font-size:85%;" >"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."</span><span style="font-size:85%;"><br /><br />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.<br /><br /></span><span style="font-weight: bold;font-size:85%;" >Senate Criminal Justice Committee (re: SB 316)</span><span style="font-size:85%;"><br /><a href="http://www.ohiosenate.gov/committees/standing/detail/judiciary-criminal-justice.html"><br />http://www.ohiosenate.gov/committees/standing/detail/judiciary-criminal-justice.html</a><br /><br /></span><table width="410"><tbody><tr valign="top"><td align="center" width="133"><span style="font-size:85%;"><br /><a class="senatorLN" href="http://www.ohiosenate.gov/tim-grendell.html">Tim Grendell (R)<br />Chair</a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/larry-obhof.html"><div class="photoFrame"><br /></div>Larry Obhof (R)<br />Vice Chair</a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/nina-turner.html"><div class="photoFrame"><br /></div>Nina Turner (D)<br />Ranking Minority Member</a></span></td></tr><tr valign="top"><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/eric-kearney.html"><div class="photoFrame"><br /></div>Eric Kearney (D)<br /></a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/frank-larose.html"><div class="photoFrame"><br /></div>Frank LaRose (R)<br /></a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/peggy-lehner.html"><div class="photoFrame"><br /></div>Peggy Lehner (R)<br /></a></span></td></tr><tr valign="top"><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/scott-oelslager.html"><div class="photoFrame"><br /></div>Scott Oelslager (R)<br /></a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/joe-schiavoni.html"><div class="photoFrame"><br /></div>Joe Schiavoni (D)<br /></a></span></td><td align="center" width="133"><span style="font-size:85%;"><a class="senatorLN" href="http://www.ohiosenate.gov/mark-wagoner.html"><div class="photoFrame"><br /></div>Mark Wagoner (R)</a></span></td></tr></tbody></table><span style="font-size:85%;"><br /><br /></span><span style="font-weight: bold;font-size:85%;" >House Criminal Justice Committee ( re: HB77)</span><span style="font-size:85%;"><br /><br /><a href="http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=98">http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=98</a><br /><br /></span><table class="membersByZip" align="center" border="1" cellpadding="5"><tbody><tr class="committeeHeader" align="center"><td colspan="6"><span style="font-size:85%;">Criminal Justice</span></td></tr><tr class="committeeHeader"><td><span style="font-size:85%;">Name</span></td><td><span style="font-size:85%;">Party</span></td><td><span style="font-size:85%;">Position</span></td><td><span style="font-size:85%;">Name</span></td><td><span style="font-size:85%;">Party</span></td><td><span style="font-size:85%;">Position</span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=41">Lynn Slaby</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;"><strong>Chair</strong></span></td><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=40">Roland Winburn</a></span></td><td class="committee"><span style="font-size:85%;">D</span></td><td class="committee"><span style="font-size:85%;"><strong>Ranking Minority Member</strong></span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=91">Bill Hayes</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;"><strong>Vice Chair</strong></span></td><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=20">Nancy J. Garland</a></span></td><td class="committee"><span style="font-size:85%;">D</span></td><td class="committee"><span style="font-size:85%;">Member</span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=29">Louis W. Blessing, Jr.</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;">Member</span></td><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=28">Connie Pillich</a></span></td><td class="committee"><span style="font-size:85%;">D</span></td><td class="committee"><span style="font-size:85%;">Member</span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=88">Danny R. Bubp</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;">Member</span></td><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=27">W. Carlton Weddington</a></span></td><td class="committee"><span style="font-size:85%;">D</span></td><td class="committee"><span style="font-size:85%;">Member</span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=55">William P. Coley, II</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;">Member</span></td><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=11">Sandra Williams</a></span></td><td class="committee"><span style="font-size:85%;">D</span></td><td class="committee"><span style="font-size:85%;">Member</span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=66">Joseph W. Uecker</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;">Member</span></td><td class="committee"><span style="font-size:85%;"><br /></span></td><td class="committee"><span style="font-size:85%;"><br /></span></td><td class="committee"><span style="font-size:85%;"><strong></strong><br /></span></td></tr><tr><td class="committee"><span style="font-size:85%;"><a href="http://www.house.state.oh.us/index.php?option=com_displaymembers&task=detail&district=63">Ron Young</a></span></td><td class="committee"><span style="font-size:85%;">R</span></td><td class="committee"><span style="font-size:85%;">Member</span></td></tr></tbody></table>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-80681702436013719862011-02-02T23:53:00.008-05:002011-02-03T23:55:13.693-05:00Call to Action : OH Legislature Going at it Again<span style="font-weight: bold;font-size:85%;" >CALL TO ACTION: </span><span style="font-size:85%;"><br /><br />Ohio Legislators are going at it again. Just six months after having been soundly defeated in the <a href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/">June 2010 Bodyke vs. Ohio Supreme Court ruling</a>, 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.<br /><br />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, <a href="http://constitutionalfights.wordpress.com/">ConstitutionalFights</a> 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.<br /><br />The newly proposed bill, <a href="http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_77">House Bill 77 of the 129th General Assembly</a> would amend and repeal parts of the existing Ohio sex offender statutes to:<br /><br />"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 </span><span style="color: rgb(204, 0, 0);font-size:85%;" >regardless of when they were committed</span><span style="font-size:85%;"> and to </span><span style="color: rgb(204, 0, 0);font-size:85%;" >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</span><span style="font-size:85%;">, and had SORN Law duties based on that offense into one of the tier classifications of the current SORN Law.<br /><br /><a href="http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_77">View proposed HB 77.</a><br /><br /><br />HB 77 Bill Sponsors:<br /><br />REPRESENTATIVES:<br /><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Hackett&SESSION=129">Hackett </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Garland&SESSION=129">Garland </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Blessing&SESSION=129">Blessing </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Combs&SESSION=129">Combs </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Grossman&SESSION=129">Grossman </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Hottinger&SESSION=129">Hottinger </a><a href="http://www.legislature.state.oh.us/cf_member_page.cfm?HOUSE=H&NAME=Patmon&SESSION=129">Patmon</a><br /><br />Bob D. Hackett, Representative<br />State Representative (R)<br />District: 84<br />Term: 2nd<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />11th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 466-1470<br />Fax: (614) 719-6984<br />Email: district84@ohr.state.oh.us<br /><br /><br />Nancy J. Garland, Representative<br />State Representative (D)<br />District: 20<br />Term: 2nd<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />10th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 644-6002<br />Fax: (614) 719-6959<br />Email: district20@ohr.state.oh.us<br /><br /><br />Louis W. Blessing, Jr., Speaker Pro Tempore<br />State Representative (R)<br />District: 29<br />Term: 4th<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />14th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 466-9091<br />Fax: (614) 719-3583<br />Email: district29@ohr.state.oh.us<br /><br />Courtney Combs, Representative<br />State Representative (R)<br />District: 54<br />Term: 5th (includes appointed and elected terms)<br />Term Limit: Not eligible to run for another two-year term<br />Address:<br />77 S. High St<br />13th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 644-6721<br />Fax: (614) 719-6954<br />Email: district54@ohr.state.oh.us<br /><br />Cheryl L. Grossman, Assistant Majority Whip<br />State Representative (R)<br />District: 23<br />Term: 2nd<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />14th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 466-9690<br />Fax: (614) 719-6962<br />Email: district23@ohr.state.oh.us<br /><br />Jay Hottinger, Representative<br />State Representative (R)<br />District: 71<br />Term: 3rd<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />12th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 466-1482<br />Fax: (614) 719-3971<br />Email: district71@ohr.state.oh.us<br /><br />Bill Patmon, Representative<br />State Representative (D)<br />District: 10<br />Term: 1st<br />Term Limit: Eligible to run for another two-year term<br />Address:<br />77 S. High St<br />11th Floor<br />Columbus, OH 43215-6111<br />Phone: (614) 466-7954<br />Fax: (614) 719-0010<br />Email: district10@ohr.state.oh.us<br /><br />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.<br /><br /><span style="color: rgb(204, 0, 0);">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.</span></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-69829757938973896782010-12-03T00:26:00.005-05:002010-12-03T00:35:32.354-05:00Online Files Transferred to Yahoo Group<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_i4EFGoLwOPo/TPh_wxp2tWI/AAAAAAAABL0/xlGy0PL3mvo/s1600/dropio.jpg"><img style="float: right; margin: 0pt 0pt 10px 10px; cursor: pointer; width: 106px; height: 33px;" src="http://4.bp.blogspot.com/_i4EFGoLwOPo/TPh_wxp2tWI/AAAAAAAABL0/xlGy0PL3mvo/s200/dropio.jpg" alt="" id="BLOGGER_PHOTO_ID_5546323417046103394" border="0" /></a><span style="font-size:85%;">We have uploaded most of our online files on <a href="https://drop.io/">drop.io</a> over the past three years. <a href="https://drop.io/">Drop.io</a> will cease services on Dec,15, 2010. Therefore, I have decided to try to transfer all drop.io files to our<a href="http://groups.yahoo.com/group/constitutionalfights/"> Yahoo group</a>. Readers can search in the <a href="http://groups.yahoo.com/group/constitutionalfights/files/">Files Tab</a> for the relevant document so that all may access these files after Dec. 15th.</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-37740769880207156612010-09-22T16:46:00.002-04:002010-09-22T16:52:46.738-04:00Adam Walsh Act Guide<span style="font-size:85%;">The Adam Walsh Act and its effects on America By Randy English (<a href="http://sosen.org/">SOSEN.org</a>)<br />Download this paper <a href="http://drop.io/adamwalshact">here.</a> (PDF)<br /><br /></span><span style="font-weight: bold;font-size:85%;" >Outline:</span><span style="font-size:85%;"><br />What is the AWA and how does it affect you?<br />Overview and History of the Jacob Wetterling Act<br />Brief Summary of Adam Walsh Act Provisions<br />The Cost of the AWA<br />Is the Public Registry needed?<br />Findings based on the research<br />Stranger Danger: the Facts<br />Is the AWA punitive, punishment?<br />Court victories against the AWA<br />Collateral Damage of the Adam Walsh Act<br />Other effects of the registry and the AWA<br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-49281387690959562572010-09-21T02:39:00.000-04:002010-11-07T02:42:14.648-05:00Ohio Sex Offender Law Unconstitutional<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.ohiojpc.org/text/home/Sex%20Offender.pdf"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 333px; height: 233px;" src="http://2.bp.blogspot.com/_i4EFGoLwOPo/TNZYC_gWKdI/AAAAAAAABLU/eresjaDCLnI/s200/SexOffenderLawUnconstitutional.jpg" alt="" id="BLOGGER_PHOTO_ID_5536709600328690130" border="0" /></a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-31874535929899370002010-09-01T13:37:00.002-04:002010-09-01T13:52:07.229-04:00Ohio Attorney General New Efforts to Track Sex Offenders<span style="font-size:85%;"><a href="http://www.ohioattorneygeneral.gov/Briefing-Room/News-Releases/August-2010/Cordray-Announces-New-Efforts-to-Track-Sex-Offende">ohioattorneygeneral.gov</a>: Cordray Announces New Efforts to Track Sex Offenders <span style="font-style: italic; color: rgb(204, 0, 0);">(official announcement)</span>.<br /><a href="http://sexoffenderresearch.blogspot.com/2010/08/cordray-announces-new-efforts-to-track.html">sexoffenderresearch.blogspot.com</a>: Cordray Announces New Efforts to Track Sex Offenders <span style="font-style: italic; color: rgb(204, 0, 0);">(important analysis).</span><br /><br />8/27/2010(COLUMBUS, Ohio) – Ohio Attorney General Richard Cordray announced today that his office has received a federal grant that will help county sheriffs keep better track of registered sex offenders.<br /><br />The $155,546 grant will pay for two new programs. <span style="font-style: italic; color: rgb(204, 0, 0);">(your tax dollars)</span><br /><br />The first will allow the Attorney General’s Office to develop a phone and e-mail alert system that will send automated messages to offenders and sheriffs’ offices around Ohio, five days before offenders are supposed to re-register as part of their reporting requirements. The system also will track phone numbers or e-mail addresses that no longer are in operation, alerting sheriffs’ offices if the contact information provided by offenders is incorrect.<br /><br />The second part of the grant will help county sheriffs’ offices fund extradition of offenders who moved to other states without notifying local authorities as required by law.<br /><br />Analysis from <a href="http://sexoffenderresearch.blogspot.com/2010/08/cordray-announces-new-efforts-to-track.html">sexoffenderresearch.blogspot.com</a>:<br /><span style="font-style: italic; color: rgb(204, 0, 0);">"Of course this new system of tracking likely will catch offenders unaware and maybe arrested, when they are actually compliant. For instance, <span style="font-weight: bold;">if a phone is shut off because one cannot pay a bill, that would cause the registrant to be arrested</span>. <span style="font-weight: bold;">If a registrant doesn't use his/her e-mail addresses frequently, the e-mail provider will tag that account for being dormant and eventually close the e-mail account, causing the registrant to be arrested</span>. Next, if a registrant has many e-mail addresses each for different purposes, will s/he be arrested because he decides to no longer use one of them? There is a big difference in having a e-mail address and using it, this new system forces registrants to use ALL e-mail addresses regularly or face arrest."</span><br /><br /><span style="font-weight: bold;">Don't forget: </span> The Ohio Attorney General has still not complied with the Bodyke Supreme Court ruling of June 3, 2010. While 2300 registrants are slated to be removed from the sex offender registry as a result of this ruling, only 1000 names have been removed from the list in three months' time. We must all continue to call and contact the Ohio AG office to force them to comply with the law. 90 days after Bodyke, the Ohio AG office is in violation with Ohio law. Click Watchdog icon below for contact information:<br /><br /></span><span style="font-size:85%;"><span style="font-size:85%;"><br />Help be a watchdog:</span><br /><a href="http://constitutionalfights.wordpress.com/2010/06/08/action-item-we-need-watchdogs-in-ohio/"><img style="float: left; cursor: pointer; width: 200px; height: 38px; margin: 0pt 10px 10px 0pt;" src="http://3.bp.blogspot.com/_i4EFGoLwOPo/TA_8bVF0IkI/AAAAAAAABHo/fqd1z42IwzM/s200/400px-OhioWatchdog.jpg" alt="" border="0" /></a><br /><a href="http://2.bp.blogspot.com/_i4EFGoLwOPo/TA_7rDx04HI/AAAAAAAABHg/JrJGKoHpRmU/s1600/Ohio-Watchdog-Social-Site-Graphic-v1_bigger.jpg"><br /></a></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-91531631749441267432010-08-23T13:58:00.003-04:002010-08-23T14:18:51.878-04:00Sexual Offender Facts<span style="font-size:85%;"><a href="http://blueshifthome.com/miscellaneousfacts.htm">BLUESHIFT</a>: 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.<br /><br /><a href="http://blueshifthome.com/miscellaneousfacts.htm">Sexual Offender Facts</a> Graphs and Statistics with footnotes and references.<br /><br />Excerpts:<br /><br />"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%."<br /><br />"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)."<br /></span><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/_i4EFGoLwOPo/THK7WwaqjLI/AAAAAAAABI8/7gbFzpAMKC0/s1600/recidivImage2.gif"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 200px; height: 116px;" src="http://2.bp.blogspot.com/_i4EFGoLwOPo/THK7WwaqjLI/AAAAAAAABI8/7gbFzpAMKC0/s200/recidivImage2.gif" alt="" id="BLOGGER_PHOTO_ID_5508671293855796402" border="0" /></a><br /><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_i4EFGoLwOPo/THK7WnsCxEI/AAAAAAAABI0/kP7YxluYPZk/s1600/recidivhomeh3.gif"><img style="display: block; margin: 0px auto 10px; text-align: center; cursor: pointer; width: 200px; height: 137px;" src="http://1.bp.blogspot.com/_i4EFGoLwOPo/THK7WnsCxEI/AAAAAAAABI0/kP7YxluYPZk/s200/recidivhomeh3.gif" alt="" id="BLOGGER_PHOTO_ID_5508671291512767554" border="0" /></a>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-28521253387591803562010-08-17T13:15:00.005-04:002010-08-17T22:30:34.746-04:00Ohio AG Petition for Clarification Denied by Ohio Supreme Court<span style="font-size:85%;"><a href="http://www.sconet.state.oh.us/rod/docs/pdf/0/2010/2010-Ohio-3737.pdf">SLIP OPINION NO. 2010-OHIO-3737</a><br />The State of Ohio, Appellee v. Bodyke et al, Appellants.<br /><br />"1. On June 3, 2010, the court reversed the judgment of the court of appeals in this case. <a href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/">State v. Bodyke,Ohio</a> St.3d, 2010-Ohio-2424,N.E.2d.<br />2. Appellee, state of Ohio, and amicus curiae Ohio Attorney General<br />have filed a joint <a href="http://constitutionalfights.wordpress.com/2010/06/15/ohio-attorney-general-files-motion-for-reconsideration/">motion for reconsideration and/or clarification</a>.<br />3. The motion for reconsideration and/or clarification is denied."<br /><br /><span style="color: rgb(204, 0, 0); font-style: italic;">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.</span><br /><br />See: <a href="http://constitutionalfights.wordpress.com/2010/07/23/updates-friday-july-23-failure-of-ohio-ag-to-abide-by-supreme-court-ruling/">UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling</a><br /><br /></span><p><span style="font-size:85%;">In just over 10 weeks, <span style="color: rgb(204, 0, 0);">the Ohio AG office has removed only about 1000 registrant</span>s from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately <span style="color: rgb(204, 0, 0);">2300 individuals are slated to be removed</span>. But keep in mind that people are forced onto this corrupt registry every day, as well.<br /></span></p> <p><span style="font-size:85%;">The AG office has refused to answer or return our calls. <span style="color: rgb(204, 0, 0);">They have now blacklisted Constitutionalfights</span>. 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.</span></p> <p><span style="font-size:85%;"><span style="color: rgb(204, 0, 0);">Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !</span></span></p> <p><span style="font-size:85%;">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 <span style="color: rgb(204, 0, 0);">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. </span>Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. <span style="color: rgb(204, 0, 0); font-weight: bold;">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 !</span></span></p> <p><span style="font-size:85%;">Justin Hykes, Assistant Attorney General of Ohio<br />justin.hykes@ohioattorneygeneral.gov<br />614-387-4257<br />FAX 614-466-5087<br />E-fax 1 866 293 1021</span></p> <p><span style="font-size:85%;">Paula Armentrout ,AG Help Center Manager can be contacted here:<br />800-282-0515<br />Dan, Help Center Supervisor can be contacted here:<br />800-282-0515</span></p> <p><span style="font-size:85%;">Ohio Attorney General Office:<br />Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215<br />(800) 282-0515<br />Monday – Friday 8 a.m. – 7 p.m.<br />Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov</span></p> <p><span style="font-size:85%;">OHLEG Support<br />1-866-40-OHLEG (1-866-406-4534)<br />OHLEGsupport@OhioAttorneyGeneral.gov</span></p> <p><span style="font-size:85%;">Media Contacts:</span></p> <p><span style="font-size:85%;">Kim Kowalski: (614) 728-9692, cell: (614) 893-6018<br />Ted Hart: Deputy Director of Media Relations<br />Office of the Ohio Attorney General<br />PHONE 614-728-4127, cell: (614) 743-2286<br />EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127</span></p> <p><span style="font-size:85%;"><span style="color: rgb(204, 0, 0);">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. </span> Please contact us at <a href="mailto:constitutionalfights@yahoo.com">constitutionalfights@yahoo.com</a> with any advice or willingness to help. Thank you.</span></p><span style="font-size:85%;"><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-16446553463185074432010-08-14T15:05:00.002-04:002010-08-14T15:11:35.322-04:00Canadians For A Just Society<span style="font-size:85%;"><a href="http://canadiansforajustsociety.webs.com/">Canadians For A Just Society</a><br /><br />The Canadian government’s policies and procedures for the management of sex offenders have been </span><span style="color: rgb(204, 0, 0);font-size:85%;" >driven by public outcry over highly publicized sex offenses</span><span style="font-size:85%;">. 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.”<br /><br />Legislators must avoid such reactionary responses that are </span><span style="color: rgb(204, 0, 0);font-size:85%;" >based on public fear</span><span style="font-size:85%;"> 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. </span><span style="color: rgb(204, 0, 0);font-size:85%;" >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.</span><span style="font-size:85%;"> 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. </span><span style="color: rgb(204, 0, 0);font-size:85%;" >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..</span><span style="font-size:85%;"><br /><br />If journalists, child advocates, lawmakers and police services are serious about wanting to protect society, they </span><span style="color: rgb(204, 0, 0);font-size:85%;" >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</span><span style="font-size:85%;">; 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.<br /><br />See related post: <a href="http://constitutionalfights.wordpress.com/2009/09/08/sex-offenders-banned-from-entering-canada/">Sex Offenders Denied Entry to Canada</a><br /><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-3719862493771204902010-08-10T16:59:00.007-04:002010-08-10T17:21:51.629-04:00OH: Government Collecting Personal Information About Neighbors of Sex Offenders<span style="font-size:85%;"><a href="http://www.google.com/hostednews/ap/article/ALeqM5hG4efFNK6AQas7kmtDkSls3j1kuwD9HEOI6G0">Google/AP</a>: In turnabout, Ohio ex-con gets data on neighbors.<br /><br />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.<br /><br />The material was shown to The Associated Press by convicted a sex offender XXX, who<span style="color: rgb(204, 0, 0);"> 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</span> on Columbus' east side.<br /><br />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.<br /><br />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,<span style="color: rgb(204, 0, 0);"> including data on people whose only connection to a criminal is a similar address.</span><br /><br />Franklin County Prosecutor Ron O'Brien took responsibility for the error, which he believes to be isolated.<span style="color: rgb(204, 0, 0); font-style: italic;">(yeah, right) </span><br /><br />XXX's former neighbors, meanwhile, are wondering why the government has data about them at all.<br />"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."<br /><br />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.<br /><br />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.<span style="color: rgb(204, 0, 0);"> (</span><a style="color: rgb(204, 0, 0);" href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/">see Bodyke vs. Ohio</a><span style="color: rgb(204, 0, 0);">)</span><br /><br />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.<br /><br />"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. <span style="color: rgb(204, 0, 0);">"They gave him things they shouldn't have."</span><br /><br /><span style="font-style: italic; color: rgb(204, 0, 0);"><span style="color: rgb(204, 0, 0);">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?</span><br /></span><span style="color: rgb(204, 0, 0); font-style: italic;"><br /><span style="color: rgb(204, 0, 0);">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 </span><a href="http://constitutionalfights.wordpress.com/2010/06/03/ohio-supreme-court-says-state-may-not-reclassify-convicted-sex-offenders/"><span style="color: rgb(204, 0, 0);">has now been prohibited by the Ohio Supreme Court.</span><br /></a></span><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-14271340449232722802010-08-06T14:49:00.002-04:002010-08-06T14:53:50.130-04:00Kansas: Relief from Sex Offender Registration<span style="font-size:85%;">22-4912 - Chapter 22.--CRIMINAL PROCEDURE<br />KANSAS CODE OF CRIMINAL PROCEDURE - Article 49.--OFFENDER REGISTRATION<br /><br /><a href="http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=12637">22-4912. </a> Relief from requirement registration. (a) <span style="color: rgb(204, 0, 0);">Any offender who was required to be registered</span> pursuant to the Kansas offender registration act K.S.A. 22-4901 et seq. and amendments thereto, <span style="color: rgb(204, 0, 0);">prior to July 1, 1999</span>, <span style="color: rgb(204, 0, 0);">and who would not have been required to be registered pursuant to the Kansas offender registration act on and after July 1, 1999</span>, as a result of enactment of this act, <span style="color: rgb(204, 0, 0);">shall be entitled to be relieved of the requirement to be registered. </span>Such <span style="color: rgb(204, 0, 0);">offender may apply to the sentencing court for an order relieving the offender of the duty of registration. The court shall hold a hearing</span> 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.<br /><br /> (b) This section shall be part of an supplemental to the Kansas offender registration act.<br />History: L. 1999, ch. 164, § 37; July 1. </span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-73136505059563302192010-08-02T16:08:00.003-04:002010-08-02T16:33:28.300-04:00International Megans Law Moves Forward in Congress<span style="font-size:85%;"><a href="http://www.washingtonwatch.com/bills/show/111_HR_5138.html">H.R. 5138, The International Megan's Law of 2010</a><br /><br />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, <a href="http://www.trentonian.com/articles/2010/07/27/news/doc4c4f4b9fe0d3e669227900.txt">it has passed the House</a> and will move on to the Senate.<br /><br /><span style="color: rgb(204, 0, 0);"><strong>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: <a href="http://constitutionalfights.wordpress.com/2010/07/05/international-megan%e2%80%99s-law-must-be-killed-in-congress/">International Megan’s Law Must be Killed in Congress</a><br />Contact your Senators !</strong></span><br /><br />See related blog posts: <a href="http://congress-courts-legislation.blogspot.com/2010/07/international-megans-law-exposed-now.html">International Megans law EXPOSED! Now, hear the truth ...</a><span style="font-size: 85%;"><br /><a href="http://www.washingtonwatch.com/bills/show/111_HR_5138.html">The International Megan’s Law of 2010</a><br /><a href="http://constitutionalfights.wordpress.com/2010/05/02/hr1623-international-megans-law/">HR1623 International Megan’s Law</a><br /><a href="http://constitutionalfights.wordpress.com/2010/04/29/international-megans-law-moves-forward-in-us-house/">International Megans Law Moves Forward in US House</a><br /><a href="http://constitutionalfights.wordpress.com/2010/02/13/sex-offender-law-could-go-global/">Sex Offender Law Could Go Global</a></span><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-29511913035119869312010-08-02T14:02:00.003-04:002010-08-02T15:18:39.983-04:00International Travel for Ex Sex Offenders<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://2.bp.blogspot.com/_i4EFGoLwOPo/TFcLhnemnwI/AAAAAAAABIc/lH-WqkecSr4/s1600/usapassport.jpg"><img style="float: right; margin: 0pt 0pt 10px 10px; cursor: pointer; width: 200px; height: 146px;" src="http://2.bp.blogspot.com/_i4EFGoLwOPo/TFcLhnemnwI/AAAAAAAABIc/lH-WqkecSr4/s200/usapassport.jpg" alt="" id="BLOGGER_PHOTO_ID_5500878142017281794" border="0" /></a><span style="font-size:85%;"><a href="http://constitutionalfights.wordpress.com/">Constitutionalfights</a> will be building a new page dealing with the topic of <a href="http://constitutionalfights.wordpress.com/international-travel/">International Travel for Ex Sex Offenders.</a> The intent of this new page is to provide information to former sex offenders who desire, like many other Americans, to travel overseas.<br /><br />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. <a href="mailto:constitutionalfights@yahoo.com">Please email us here</a> if you have some valuable information to share with other readers. We thank those readers who have already contacted us with their experiences.<br /><br />Please limit your email to hard facts about passports, visas, entry,exit and border checks.<br />State your past conviction category. This will help us to make sense of how different level offenders are treated.<br /><br />1. Did you apply for an entry visa, or just travel on a US passport?<br />2. Did they scan your passport at entry?<br />3. Were you detained or questioned as a result of your past offense?<br />4. What nations have you entered (or attempted to visit)?<br />5. Have you found any reliable documentation about any of these policies which you can share with us?<br /><br /><a href="http://constitutionalfights.wordpress.com/international-travel/">http://constitutionalfights.wordpress.com/international-travel/</a></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-81516214693741903862010-07-26T17:42:00.002-04:002010-07-26T17:47:44.658-04:00Messy Realities of Ohio's Adoption of AWA Sex Offender Registration Rules<span style="font-size:85%;"><a href="http://sentencing.typepad.com/sentencing_law_and_policy/2010/07/the-messy-realities-of-ohios-adoption-of-awa-sex-offender-registration-rules.html">Sentencing Law & Policy</a>: The messy realities of Ohio's adoption of AWA sex offender registration rules.<br /><a href="http://www.daytondailynews.com/news/crime/sex-offender-reclassifications-will-take-months-821976.html?cxtype=ynews_rss">daytondailynews.com</a>: Sex offender reclassifications will take months.<br /><br />A helpful reader altered me to <a href="http://www.daytondailynews.com/news/crime/sex-offender-reclassifications-will-take-months-821976.html?cxtype=ynews_rss">this local article </a> which provides a window into just some of the many messy issues involved in Ohio's on-going effort to get conform its sex offender registration rules to comply with the federal Adam Walsh Act. The piece is headlined "Sex offender reclassifications will take months; One case shows how new ruling affects law on registration," and here are some highlights:<br /><br /> George Anderson, a rapist designed a Tier III sex offender, was convicted by a Montgomery County jury for failing to verify his address. On Friday, July 16, the Ohio 2nd District Court of Appeals voided his conviction, citing the June 3 Ohio Supreme Court decision that eliminated reclassifications under the Adam Walsh Act....<br /><br /> These types of decisions will likely continue during the coming months, said Margie Slagle, staff attorney with the Ohio Justice and Policy Center.</span><span style="color: rgb(204, 0, 0);font-size:85%;" > “Thousands and thousands of petitions were filed across the state,” </span><span style="font-size:85%;">Slagle said.<br /><br /></span> <span style="color: rgb(204, 0, 0);font-size:85%;" >Twenty-eight counties were awaiting the Supreme court’s ruling before taking any action on challenges to Walsh</span><span style="font-size:85%;">. Nine, including Montgomery, issued county-wide stays, according to a brief filed by the Ohio Public Defender.<br /><br /> Anderson was originally classified a “sexually oriented offender,” the lowest designation under the state’s Megan’s Law. He was required to register his place of residence annually for 10 years. Under the Adam Walsh Act, which replaced Megan, he was reclassified as a Tier III offender — the highest level — and required to report every 90 days for the rest of his life....<br /><br /> The high court’s ruling kept the Walsh system for new offenders, but ordered the 26,000 offenders who were reclassified to be returned to the old system and its requirements. “It’s going to make it confusing,” said Mercer County Sheriff Jeff Grey, who heads the Buckeye State Sheriff’s Association’s committee on sexual offender notification.<br /><br /> Under the </span><span style="color: rgb(204, 0, 0);font-size:85%;" >old system, 77 percent of offenders were in the lowest category</span><span style="font-size:85%;"> and 18 percent were in the highest as “sexual predators.” </span><span style="color: rgb(204, 0, 0);font-size:85%;" >Under Walsh, the highest category, Tier III, contained 54 percent.</span><span style="font-size:85%;"><br /><br /> That tripled the workload for sheriff’s offices, with more offenders visiting four times a year instead of annually, Grey said. “That’s less time that we have a deputy out physically looking” to see if offenders live at the addresses they give, Grey said.<br /><br /> Attorney General Richard Cordray, whose office notified all affected offenders in 2008 that their designation had changed, has asked the Supreme Court to reconsider its decision. He also has included a request for clarification concerning those offenders who did not have court hearings to determine classification, such as those convicted in other states. Ted Hart, a spokesman for Cordray’s office, said staff </span><span style="color: rgb(204, 0, 0);font-size:85%;" >was manually going through all records to determine which defendants had court hearings.<br /><br />“If they did have a hearing, they will be reclassified,” Hart said “If they did not, the cases will remain pending until we receive further clarification from the court.”</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-33054672990800104412010-07-26T14:56:00.001-04:002010-07-26T15:00:03.615-04:00Bills in Congress to Deny Loans and Mortgages to Sex Offenders<span style="font-size:85%;"><a href="http://sexoffender-reports.blogspot.com/2010/07/remaining-bills-with-offensive-language.html">sexoffender-reports.blogspot.com</a>: Bills in Congress Will Deny Loans and Mortgages to Sex Offenders.<br /></span><blockquote style="background-color: rgb(254, 208, 192);"><span style="font-size:85%;"><strong>Small Business Jobs and Credit Act of 2010:</strong> <strong><a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.05297:">HR-5297</a></strong>:<br /><br /><u>Source of offensive language</u>: <a href="http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_reports&docid=f:hr506.111.pdf#page=036">House Report 111-506</a>, H.Res. 1436 "(2) LOAN RECIPIENTS.—With respect to funds received by an eligible institution under the Program, any business receiving a loan from the eligible institution using such funds after the date of the enactment of this title shall certify to such eligible institution </span><span style="color: black; background-color: rgb(255, 255, 151);font-size:85%;" >that the principals of such business have not been convicted of a sex offense against a minor</span><span style="font-size:85%;"> (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)). "</span></blockquote><span style="font-size:85%;"><br /></span><blockquote style="background-color: rgb(254, 208, 192);"><span style="font-size:85%;"><strong>FHA Reform Act of 2010:</strong> <strong><a href="http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h.r.05072:">HR-5072</a>:</strong><br /><br /><u>Source of offensive language</u>: <a href="http://congress-courts-legislation.blogspot.com/2010/07/action-alert-sex-offenders-and-fha.html">House Floor Debate 6-10-2010</a> which says: ``(z) Required Certifications.--Notwithstanding any other provision of law, the Secretary may not insure any mortgage secured by a one- to four-family dwelling unless the mortgagor under such mortgage certifies, under penalty of perjury, </span><span style="color: black; background-color: rgb(255, 255, 151);font-size:85%;" >that the mortgagor has not been convicted of a sex offense against a minor</span><span style="font-size:85%;"> (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)).''."</span></blockquote><span style="font-size:85%;"><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-70107026104607726612010-07-23T14:49:00.005-04:002010-07-26T14:49:52.456-04:00UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling<span style="font-size:85%;">UPDATES, Friday, July 23 : Failure of the Ohio Attorney General Office to Abide by Supreme Court Ruling, which invalidated Ohio's Senate Bill 10 Adam Walsh Act Re-classification system.<br /><br />We have been monitoring the ESORN web site since the Bodyke decision on June 3rd. Here is our weekly tracking of the ESORN website numbers.<br /><br />As of 6-06-2010- Total Number of Offenders: 19,361<br />As of 6-16-2010- Total Number of Offenders: 19,298<br />As of 6-21-2010- Total Number of Offenders: 19,206<br />As of 6-28-2010- Total Number of Offenders: 18,964<br />As of 7-05-2010- Total Number of Offenders: 18,723<br />As of 7-12-2010- Total Number of Offenders: 18,617<br />As of 7-21-2010- Total Number of Offenders: 18,529<br />As of 7-23-2010- Total Number of Offenders: 18,493<br /><br />In just over 7 weeks, <span style="color: rgb(204, 0, 0);">the Ohio AG office has removed fewer than 900 registrant</span>s from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately <span style="color: rgb(204, 0, 0);">2300 individuals are slated to be removed</span>. But keep in mind that people are forced onto this corrupt registry every day, as well. So the number removed is probably above 900.<br /><br />The AG office has refused to answer or return our calls. <span style="color: rgb(204, 0, 0);">They have now blacklisted Constitutionalfights</span>. 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.<br /><br /><span style="color: rgb(204, 0, 0);">Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !</span><br /><br />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 <span style="color: rgb(204, 0, 0);">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. </span>Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. <span style="color: rgb(204, 0, 0); font-weight: bold;">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 !</span><br /><br />Justin Hykes, Assistant Attorney General of Ohio<br />justin.hykes@ohioattorneygeneral.gov<br />614-387-4257<br />FAX 614-466-5087<br />E-fax 1 866 293 1021<br /><br />Paula Armentrout ,AG Help Center Manager can be contacted here:<br />800-282-0515<br />Dan, Help Center Supervisor can be contacted here:<br />800-282-0515<br /><br />Ohio Attorney General Office:<br />Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215<br />(800) 282-0515<br />Monday – Friday 8 a.m. – 7 p.m.<br />Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov<br /><br />OHLEG Support<br />1-866-40-OHLEG (1-866-406-4534)<br />OHLEGsupport@OhioAttorneyGeneral.gov<br /><br />Media Contacts:<br /><br />Kim Kowalski: (614) 728-9692, cell: (614) 893-6018<br />Ted Hart: Deputy Director of Media Relations<br />Office of the Ohio Attorney General<br />PHONE 614-728-4127, cell: (614) 743-2286<br />EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127<br /><br /><span style="color: rgb(204, 0, 0);">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. </span> Please contact us at <a href="mailto:constitutionalfights@yahoo.com">constitutionalfights@yahoo.com</a> with any advice or willingness to help. Thank you.</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-62395810186267337612010-07-15T14:16:00.004-04:002010-07-15T14:38:33.818-04:00Sex Offenders Receive U.S. Passports<span style="font-size:85%;">See related post : <a href="http://constitutionalfights.wordpress.com/2009/09/08/sex-offenders-banned-from-entering-canada/">Sex Offenders Denied Entry to Canada.</a><br /><br /><a href="http://www.sdp123a.com/index.php?option=com_content&task=view&id=843&Itemid=58">sdp123a.com</a>: Sex Offenders Receive U.S. Passports (includes video report).<br /><br />(CNN) -- Thousands of registered sex offenders have received U.S. passports, including at least 30 federal employees, according to a <a href="http://www.gao.gov/products/GAO-10-643">Government Accountability Office report</a> obtained by CNN.<br /><br />The GAO report said the <span style="color: rgb(204, 0, 0);">Department of State cannot legally deny passports to registered sex offenders, except those specifically convicted of sex tourism.</span><br /><br />The report concluded that about 4,500 U.S. passports of the more than 16 million issued in fiscal year 2008 were issued to registered sex offenders.<br /><br />"Federal statutes authorize the Secretary of State to deny issuance of a passport in certain circumstances, such as while an individual is imprisoned or on parole or supervised release for a conviction for international drug trafficking or sex tourism or is in arrearages for child support," the report states. "However, there is currently no comprehensive program to deny passports to applicants who are registered sex offenders."<br /><br />The State Department called the report <span style="color: rgb(204, 0, 0);">"very misleading" and adding it "conveys more 'shock value' than factual accuracy." <span style="font-style: italic;"> (Of course, this report is intended to shock and outrage the public)</span></span><br /><br />In a written response, the department pointed out that only a fraction of 1 percent of the 16 million passports issued in fiscal year 2008 went to registered sex offenders. In addition, the title of the report "fails to convey that GAO found no lawful reasons for the department to deny or revoke the passports of the case study sex offenders based on their status as sex offenders."<br /><br />"The report appears to suggest, <span style="color: rgb(204, 0, 0);">without any foundation</span>, that the Department's issuance of passports to certain Americans facilitated their commission of sex crimes abroad," the department's response said.<span style="color: rgb(204, 0, 0);"> "There are no facts in the report which show that any of the thirty individuals included in the case studies used his passport to travel to a foreign country to commit a sex crime."</span><br /><br />The original title of the report, "Passports Issued to Thousands of Registered Sex Offenders," was later changed to "<a href="http://www.gao.gov/products/GAO-10-643">Current Situation Results in Thousands of Passports Issued to Registered Sex Offenders</a>." The <a href="http://www.gao.gov/products/GAO-10-643">GAO report</a> was requested by Sen. Charles Grassley, R-Iowa, and Sen. Max Baucus, D-Montana.<br /><br />The GAO studied data from the National Sex Offender Registry (NSOR). However, the approximately 4,500 sex offenders who received passports in fiscal year 2008 "is likely understated because many of the records in the passport database and the NSOR lacked valid Social Security numbers ... In addition, the NSOR does not currently contain a comprehensive listing of all sex offenders from the states."<br /><br />The GAO found cases that include a sex offender from Texas who received a passport while in prison, a Delaware man with multiple sex convictions who traveled to the Philippines, Germany and France since receiving his passport, and a Georgia man who has traveled to the Philippines, Ireland and Panama.<br /><br />Among the federal employees who received passports was an aerospace engineer with NASA, an employee of the Bureau of Engraving and Printing, and a Postal Service carrier who traveled to Taiwan and Japan after receiving his passport.<br /><br />About 50 of those who received passports either lived outside the United States or "their whereabouts were unknown," the report said.<br /><br />A new law took effect in December 2008 that <span style="color: rgb(204, 0, 0);">prohibits anyone convicted of sex tourism from receiving a U.S. passport</span>. However, the report said, the Department of State was not even aware of the law until April of this year after the GAO "brought this statute to its attention."<br /><br />"When Congress passes a law and the president signs it, then the Executive Branch needs to execute it," Grassley said in a statement. "I'm shocked that GAO had to inform the State Department that Congress made individuals convicted of sex tourism ineligible for passports back in December 2008. It's inexcusable that the State Department did nothing to enforce that provision for 14 months. Since someone who is late on child support payments cannot receive a passport, then surely these criminals should also be stopped from traveling internationally."<br /><br />"It also is disturbing that the GAO found examples prior to that new law where the State Department issued passports to convicted sex offenders who fled law enforcement, received government housing subsidies, and work for the Post Office. This report raises a lot of serious questions about how effectively the government protects us from child predators," Grassley said. <span style="font-style: italic; color: rgb(204, 0, 0);">(Grassley doesn't know the difference between a Predator and a Sex Offender)</span><br /><br />The report also studied a group of registered sex offenders -- many who held positions of public trust, including a school teacher, religious layman, and health care provider.<br /><br />"Other cases involve registered sex offenders who owe child support or are currently in prison or whose whereabouts are unknown," the report said. "... Several of our cases showed that sex offenders left the country and moved to Mexico. According to State officials, Mexico does not have a sex offense registration system, so these offenders are likely unknown to authorities and their neighbors."<br /><br />The Department of State "has indicated that it would like to study any proposed legislation to provide additional authority to deny passports to sex offenders, including constitutional, policy and practical issues that may arise in its application and use," the report said. "A State official said that the department recently began working with [the Department of Justice] to develop a procedure for tracking these convictions and a procedure to notify State of those convictions."<br /><br /><span style="font-style: italic; color: rgb(204, 0, 0);">This report answers a few of the questions we have had regarding travel with a passport as a former sex offender. As the post noted above details, we have first hand knowledge that Canada border agents deny anyone with a sex offense entry into Canada. We believe this is related to how the U.S. and Canada computer databases are so well connected. This may not be the case with other countries. <span style="font-weight: bold;">We would like to hear from anyone with knowledge about international travel of persons with a sex offense in their history. We would like to report on this topic. </span><br /><br /><span style="color: rgb(204, 0, 0);">Please send any information you have regarding international travel to </span><a style="color: rgb(204, 0, 0);" href="mailto:constitutionalfights@yahoo.com">constitutionalfights@yahoo.com</a><span style="color: rgb(204, 0, 0);">. </span></span><br /><br /><span style="font-style: italic; color: rgb(204, 0, 0);">If you have a sex offense history and have traveled overseas, please tell us how it went for you.<br /><span style="font-weight: bold;">Did you obtain a visa beforehand? Did you declare this felony? Was your history (or passport bar code) checked at the Entry Point before you were permitted entry? If you have official information about this topic, please provide sources.</span></span><br /></span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-6573487526975358662010-07-14T13:55:00.003-04:002010-07-14T14:06:45.825-04:00Sex Offender Scam Letter<span style="font-size:85%;">Margie Slagle of the Ohio Justice Policy Center has forwarded the attached document and is asking us to warn everyone that this is a terrible scam. This message was sent from the Cuyahoga County Public Defender's office. Please aid in spreading the word that this is simply someone's crazy attempt at making some money off the backs of others. Obviously, you should ever pay money to have yourself removed from the registry as a result of the Ohio Supreme Court ruling, unless you are hiring an attorney whom you seek out on your own.<br /><br />View scam letter <a href="http://drop.io/soscamletter">here</a>.</span>Unknownnoreply@blogger.comtag:blogger.com,1999:blog-5162569870390195419.post-65507571655893346442010-07-12T14:27:00.008-04:002010-07-12T15:23:48.730-04:00Contacting Constitutionalfights.org<span style="font-size:85%;"><a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_i4EFGoLwOPo/TDtgMD7qZ_I/AAAAAAAABIM/sybAkkR4IDI/s1600/emailred.png"><img style="float: right; margin: 0pt 0pt 10px 10px; cursor: pointer; width: 142px; height: 137px;" src="http://4.bp.blogspot.com/_i4EFGoLwOPo/TDtgMD7qZ_I/AAAAAAAABIM/sybAkkR4IDI/s200/emailred.png" alt="" id="BLOGGER_PHOTO_ID_5493089930838697970" border="0" /></a>Once we see that the Ohio Attorney General Office has finally reclassified the vast majority of those affected by the Bodyke decision, and once we see the AG Office sending letters to most of these people, <span style="color: rgb(204, 0, 0);">Constitutionalfights.org will then no longer be responding to emails or blog comments.</span><br /><br />So.. if you need or want to contact us, you may have only a few weeks or a month to do so. Make sure to use <span style="color: rgb(204, 0, 0);">a subject line related to our blog topic</span>, or it could go unread in the "spam" folder. Anyone who has us on their email address book, or mailing list, <span style="color: rgb(204, 0, 0);">please remove us as soon as possible.</span> After we close these blogs, we will no longer receive your messages and <span style="color: rgb(204, 0, 0);">will sent up an auto-response just to annoy until you remove us.</span><br /><br />Thanks,<br />constitutionalfights@yahoo.com<br /><br /><span style="color: rgb(204, 0, 0);"><span style="font-weight: bold;">Important:</span><br /><span style="font-weight: bold;">Keep contacting the Ohio Attorney General's Office daily until they get these re-classifications completed and send official letters !</span><br />We are hearing from some 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. <span style="font-weight: bold;">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 !</span></span><br /></span>Unknownnoreply@blogger.com