We have uploaded most of our online files on drop.io over the past three years. Drop.io will cease services on Dec,15, 2010. Therefore, I have decided to try to transfer all drop.io files to our Yahoo group. Readers can search in the Files Tab for the relevant document so that all may access these files after Dec. 15th.
Friday, December 3, 2010
Online Files Transferred to Yahoo Group
We have uploaded most of our online files on drop.io over the past three years. Drop.io will cease services on Dec,15, 2010. Therefore, I have decided to try to transfer all drop.io files to our Yahoo group. Readers can search in the Files Tab for the relevant document so that all may access these files after Dec. 15th.
Wednesday, September 22, 2010
Adam Walsh Act Guide
The Adam Walsh Act and its effects on America By Randy English (SOSEN.org)
Download this paper here. (PDF)
Outline:
What is the AWA and how does it affect you?
Overview and History of the Jacob Wetterling Act
Brief Summary of Adam Walsh Act Provisions
The Cost of the AWA
Is the Public Registry needed?
Findings based on the research
Stranger Danger: the Facts
Is the AWA punitive, punishment?
Court victories against the AWA
Collateral Damage of the Adam Walsh Act
Other effects of the registry and the AWA
Download this paper here. (PDF)
Outline:
What is the AWA and how does it affect you?
Overview and History of the Jacob Wetterling Act
Brief Summary of Adam Walsh Act Provisions
The Cost of the AWA
Is the Public Registry needed?
Findings based on the research
Stranger Danger: the Facts
Is the AWA punitive, punishment?
Court victories against the AWA
Collateral Damage of the Adam Walsh Act
Other effects of the registry and the AWA
Tuesday, September 21, 2010
Wednesday, September 1, 2010
Ohio Attorney General New Efforts to Track Sex Offenders
ohioattorneygeneral.gov: Cordray Announces New Efforts to Track Sex Offenders (official announcement).
sexoffenderresearch.blogspot.com: Cordray Announces New Efforts to Track Sex Offenders (important analysis).
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.
The $155,546 grant will pay for two new programs. (your tax dollars)
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.
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.
Analysis from sexoffenderresearch.blogspot.com:
"Of course this new system of tracking likely will catch offenders unaware and maybe arrested, when they are actually compliant. For instance, if a phone is shut off because one cannot pay a bill, that would cause the registrant to be arrested. 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. 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."
Don't forget: 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:
Help be a watchdog:
sexoffenderresearch.blogspot.com: Cordray Announces New Efforts to Track Sex Offenders (important analysis).
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.
The $155,546 grant will pay for two new programs. (your tax dollars)
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.
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.
Analysis from sexoffenderresearch.blogspot.com:
"Of course this new system of tracking likely will catch offenders unaware and maybe arrested, when they are actually compliant. For instance, if a phone is shut off because one cannot pay a bill, that would cause the registrant to be arrested. 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. 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."
Don't forget: 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:
Help be a watchdog:
Monday, August 23, 2010
Sexual Offender Facts
BLUESHIFT: The purpose and objective of this site is to distribute data on sexual offender registration laws focusing on Ohio. Including the history and status of proposed legislation and court opinions and ongoing litigation.
Sexual Offender Facts Graphs and Statistics with footnotes and references.
Excerpts:
"Today in Ohio nearly 25,000 (or 99.99%) of registered sexual offenders DID NOT re-offend. Only .75 RSOs in Ohio recidivate sexually each day. (.75/25000)*100 = 99.99%."
"The ten year recidivism rate for the group of sex offenders in this study was 11%. Eight percent of the offenders returned for a new crime. Another 3% were revoked for a parole violation that was sexual in nature (sex crime), or a relapse behavior (sex lapse)."
Sexual Offender Facts Graphs and Statistics with footnotes and references.
Excerpts:
"Today in Ohio nearly 25,000 (or 99.99%) of registered sexual offenders DID NOT re-offend. Only .75 RSOs in Ohio recidivate sexually each day. (.75/25000)*100 = 99.99%."
"The ten year recidivism rate for the group of sex offenders in this study was 11%. Eight percent of the offenders returned for a new crime. Another 3% were revoked for a parole violation that was sexual in nature (sex crime), or a relapse behavior (sex lapse)."
Tuesday, August 17, 2010
Ohio AG Petition for Clarification Denied by Ohio Supreme Court
SLIP OPINION NO. 2010-OHIO-3737
The State of Ohio, Appellee v. Bodyke et al, Appellants.
"1. On June 3, 2010, the court reversed the judgment of the court of appeals in this case. State v. Bodyke,Ohio St.3d, 2010-Ohio-2424,N.E.2d.
2. Appellee, state of Ohio, and amicus curiae Ohio Attorney General
have filed a joint motion for reconsideration and/or clarification.
3. The motion for reconsideration and/or clarification is denied."
Therefore, there is no longer any excuse for the failure of the Ohio Attorney General's office to re-classify all affected former offenders. They have been dragging their feet for ten weeks now, refusing to abide by the Supreme Court's ruling.
See: UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling
The State of Ohio, Appellee v. Bodyke et al, Appellants.
"1. On June 3, 2010, the court reversed the judgment of the court of appeals in this case. State v. Bodyke,Ohio St.3d, 2010-Ohio-2424,N.E.2d.
2. Appellee, state of Ohio, and amicus curiae Ohio Attorney General
have filed a joint motion for reconsideration and/or clarification.
3. The motion for reconsideration and/or clarification is denied."
Therefore, there is no longer any excuse for the failure of the Ohio Attorney General's office to re-classify all affected former offenders. They have been dragging their feet for ten weeks now, refusing to abide by the Supreme Court's ruling.
See: UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling
In just over 10 weeks, the Ohio AG office has removed only about 1000 registrants from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. But keep in mind that people are forced onto this corrupt registry every day, as well.
The AG office has refused to answer or return our calls. They have now blacklisted Constitutionalfights. And they have told us so, very directly and rudely. So we must rely on you, the readers, to help do the job of holding them accountable.
Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !
We are hearing from some (not many) readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021
Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515
Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov
OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127
We are also now actively seeking advice from any legal professionals who read these blogs, regarding potential legal action against the Ohio Attorney General Office for their failure to abide by this Ohio Supreme Court ruling. Please contact us at constitutionalfights@yahoo.com with any advice or willingness to help. Thank you.
Saturday, August 14, 2010
Canadians For A Just Society
Canadians For A Just Society
The Canadian government’s policies and procedures for the management of sex offenders have been driven by public outcry over highly publicized sex offenses. Craig Jones, executive director of the John Howard Society of Canada, calls the changes typical of the Conservative government’s “opportunistic” justice reforms. “They are characterized by a kind of reactive emotionalism driven by populist sensationalism. This is tinkering gone crazy.”
Legislators must avoid such reactionary responses that are based on public fear of this population because the evidence has been unambiguous- many of the policies that have been devised to protect society from violent sexual offenders are ineffective. These failed policies must be eliminated and replaced with policies based on the best available and empirical evidence rather than a media driven national panic. Furthermore, every individual must speak out against these failed policies and demand reforms that work towards making our communities safer, protecting our children, and respecting the dignity of human beings. We will no longer accept ‘feel good’ policies that protect no one, lend a false sense of security, and help foster an environment that makes our children and communities less safe..
If journalists, child advocates, lawmakers and police services are serious about wanting to protect society, they should turn away from persecution as a means to an end, and demand laws and practices designed to actually prevent crime while protect the right of people to heal and move forward; this focus should be based upon prevention and rehabilitation. Much of this information exists. The money wasted on tracking ex-felons who are unlikely to re-offend could be much better spent on preventing child abuse in the home and by educational programs designed to teach children how to avoid abusive situations and potential threats. Educational programs designed to give our children information about how sexual predation is perpetrated would bring a far better result.
See related post: Sex Offenders Denied Entry to Canada
The Canadian government’s policies and procedures for the management of sex offenders have been driven by public outcry over highly publicized sex offenses. Craig Jones, executive director of the John Howard Society of Canada, calls the changes typical of the Conservative government’s “opportunistic” justice reforms. “They are characterized by a kind of reactive emotionalism driven by populist sensationalism. This is tinkering gone crazy.”
Legislators must avoid such reactionary responses that are based on public fear of this population because the evidence has been unambiguous- many of the policies that have been devised to protect society from violent sexual offenders are ineffective. These failed policies must be eliminated and replaced with policies based on the best available and empirical evidence rather than a media driven national panic. Furthermore, every individual must speak out against these failed policies and demand reforms that work towards making our communities safer, protecting our children, and respecting the dignity of human beings. We will no longer accept ‘feel good’ policies that protect no one, lend a false sense of security, and help foster an environment that makes our children and communities less safe..
If journalists, child advocates, lawmakers and police services are serious about wanting to protect society, they should turn away from persecution as a means to an end, and demand laws and practices designed to actually prevent crime while protect the right of people to heal and move forward; this focus should be based upon prevention and rehabilitation. Much of this information exists. The money wasted on tracking ex-felons who are unlikely to re-offend could be much better spent on preventing child abuse in the home and by educational programs designed to teach children how to avoid abusive situations and potential threats. Educational programs designed to give our children information about how sexual predation is perpetrated would bring a far better result.
See related post: Sex Offenders Denied Entry to Canada
Tuesday, August 10, 2010
OH: Government Collecting Personal Information About Neighbors of Sex Offenders
Google/AP: In turnabout, Ohio ex-con gets data on neighbors.
Columbus, Ohio — Neighbors routinely get a picture and a name when a sex offender moves next door. In a turnabout, an Ohio sex offender has received private information about his neighbors, including their Social Security numbers.
The material was shown to The Associated Press by convicted a sex offender XXX, who was mistakenly given the information by a prosecutor. The data also contain the names, addresses and birth dates of nine of XXX's one-time neighbors on Columbus' east side.
There was no indication XXX misused anything in the files. XXX, 80, says he came forward because he recognizes the irony of it falling into the hands of someone like him. "Someone with a criminal mind could really use that information the wrong way," he said.
The case also offers a view into a massive and controversial database designed to track criminals with the help of a raft of background information, including data on people whose only connection to a criminal is a similar address.
Franklin County Prosecutor Ron O'Brien took responsibility for the error, which he believes to be isolated.(yeah, right)
XXX's former neighbors, meanwhile, are wondering why the government has data about them at all.
"They don't need to be running my personal information," said Don Hickman, 47, who still lives on the street where XXX once worked as a live-in church groundskeeper. "I'm not a sex offender. I've done nothing wrong here."
Neighbor information is useful to police when serving warrants, making family connections and finding fugitives, said Shannon Crowther, who heads technology services for the Franklin County Sheriff's Office.
The information was released to XXX last summer, as prosecutors were grappling with more than 7,000 lawsuits that sex offenders had filed against Ohio's first-in-the-nation implementation of the federal Adam Walsh Child Protection and Safety Act. The offenders' challenges contend the federal law's stricter classifications and longer reporting periods can't be applied retroactively. (see Bodyke vs. Ohio)
XXX's His obligation to stay on the registry expired in July. O'Brien said XXX had zealously sought records held in his county sex offender file. After XXX threatened to take the issue to federal court, an assistant prosecutor turned over the documents.
"They feared he'd say, 'See, you're still hiding stuff,' so they released everything in the file, lock, stock and barrel, and didn't properly review it," O'Brien said. "They gave him things they shouldn't have."
This is what you deserve when you allow government to post citizens on public registries. Once you allow the surveillance of one person, you give up your own privacy as well. You really didn't think it would stop at just sex offenders, did you?
This former offender should be applauded. He did the right thing; turning over the information to authorities without using it for his own gain, even as the state of Ohio was violating his constitutional rights by keeping him listed on the sex offender registry retro-actively, which has now been prohibited by the Ohio Supreme Court.
Columbus, Ohio — Neighbors routinely get a picture and a name when a sex offender moves next door. In a turnabout, an Ohio sex offender has received private information about his neighbors, including their Social Security numbers.
The material was shown to The Associated Press by convicted a sex offender XXX, who was mistakenly given the information by a prosecutor. The data also contain the names, addresses and birth dates of nine of XXX's one-time neighbors on Columbus' east side.
There was no indication XXX misused anything in the files. XXX, 80, says he came forward because he recognizes the irony of it falling into the hands of someone like him. "Someone with a criminal mind could really use that information the wrong way," he said.
The case also offers a view into a massive and controversial database designed to track criminals with the help of a raft of background information, including data on people whose only connection to a criminal is a similar address.
Franklin County Prosecutor Ron O'Brien took responsibility for the error, which he believes to be isolated.(yeah, right)
XXX's former neighbors, meanwhile, are wondering why the government has data about them at all.
"They don't need to be running my personal information," said Don Hickman, 47, who still lives on the street where XXX once worked as a live-in church groundskeeper. "I'm not a sex offender. I've done nothing wrong here."
Neighbor information is useful to police when serving warrants, making family connections and finding fugitives, said Shannon Crowther, who heads technology services for the Franklin County Sheriff's Office.
The information was released to XXX last summer, as prosecutors were grappling with more than 7,000 lawsuits that sex offenders had filed against Ohio's first-in-the-nation implementation of the federal Adam Walsh Child Protection and Safety Act. The offenders' challenges contend the federal law's stricter classifications and longer reporting periods can't be applied retroactively. (see Bodyke vs. Ohio)
XXX's His obligation to stay on the registry expired in July. O'Brien said XXX had zealously sought records held in his county sex offender file. After XXX threatened to take the issue to federal court, an assistant prosecutor turned over the documents.
"They feared he'd say, 'See, you're still hiding stuff,' so they released everything in the file, lock, stock and barrel, and didn't properly review it," O'Brien said. "They gave him things they shouldn't have."
This is what you deserve when you allow government to post citizens on public registries. Once you allow the surveillance of one person, you give up your own privacy as well. You really didn't think it would stop at just sex offenders, did you?
This former offender should be applauded. He did the right thing; turning over the information to authorities without using it for his own gain, even as the state of Ohio was violating his constitutional rights by keeping him listed on the sex offender registry retro-actively, which has now been prohibited by the Ohio Supreme Court.
Friday, August 6, 2010
Kansas: Relief from Sex Offender Registration
22-4912 - Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE - Article 49.--OFFENDER REGISTRATION
22-4912. Relief from requirement registration. (a) Any offender who was required to be registered pursuant to the Kansas offender registration act K.S.A. 22-4901 et seq. and amendments thereto, prior to July 1, 1999, and who would not have been required to be registered pursuant to the Kansas offender registration act on and after July 1, 1999, as a result of enactment of this act, shall be entitled to be relieved of the requirement to be registered. Such offender may apply to the sentencing court for an order relieving the offender of the duty of registration. The court shall hold a hearing on the application at which the applicant shall present evidence verifying that such applicant no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. If the court finds that the person no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto, the court shall grant an order relieving the offender's duty to register if the offender no longer fulfills the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. Such court granting such an order shall forward a copy of such order to the sheriff of the county in which such person has registered and to the Kansas bureau of investigation. Upon receipt of such copy of the order, such sheriff and the Kansas bureau of investigation shall remove such person's name from the registry.
(b) This section shall be part of an supplemental to the Kansas offender registration act.
History: L. 1999, ch. 164, § 37; July 1.
KANSAS CODE OF CRIMINAL PROCEDURE - Article 49.--OFFENDER REGISTRATION
22-4912. Relief from requirement registration. (a) Any offender who was required to be registered pursuant to the Kansas offender registration act K.S.A. 22-4901 et seq. and amendments thereto, prior to July 1, 1999, and who would not have been required to be registered pursuant to the Kansas offender registration act on and after July 1, 1999, as a result of enactment of this act, shall be entitled to be relieved of the requirement to be registered. Such offender may apply to the sentencing court for an order relieving the offender of the duty of registration. The court shall hold a hearing on the application at which the applicant shall present evidence verifying that such applicant no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. If the court finds that the person no longer satisfies the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto, the court shall grant an order relieving the offender's duty to register if the offender no longer fulfills the definition of offender pursuant to K.S.A. 22-4902 and amendments thereto. Such court granting such an order shall forward a copy of such order to the sheriff of the county in which such person has registered and to the Kansas bureau of investigation. Upon receipt of such copy of the order, such sheriff and the Kansas bureau of investigation shall remove such person's name from the registry.
(b) This section shall be part of an supplemental to the Kansas offender registration act.
History: L. 1999, ch. 164, § 37; July 1.
Monday, August 2, 2010
International Megans Law Moves Forward in Congress
H.R. 5138, The International Megan's Law of 2010
We have warned about this horrific legislation many times on our blogs. We have asked readers to contact their Representatives to tell them to kill this bill. Now, it has passed the House and will move on to the Senate.
If you are not aware, there is a bill pending in the US Congress which would expand the US Sex Offender Registry (SORNA) Worldwide. This bill must be killed: International Megan’s Law Must be Killed in Congress
Contact your Senators !
See related blog posts: International Megans law EXPOSED! Now, hear the truth ...
The International Megan’s Law of 2010
HR1623 International Megan’s Law
International Megans Law Moves Forward in US House
Sex Offender Law Could Go Global
We have warned about this horrific legislation many times on our blogs. We have asked readers to contact their Representatives to tell them to kill this bill. Now, it has passed the House and will move on to the Senate.
If you are not aware, there is a bill pending in the US Congress which would expand the US Sex Offender Registry (SORNA) Worldwide. This bill must be killed: International Megan’s Law Must be Killed in Congress
Contact your Senators !
See related blog posts: International Megans law EXPOSED! Now, hear the truth ...
The International Megan’s Law of 2010
HR1623 International Megan’s Law
International Megans Law Moves Forward in US House
Sex Offender Law Could Go Global
International Travel for Ex Sex Offenders
Constitutionalfights will be building a new page dealing with the topic of International Travel for Ex Sex Offenders. The intent of this new page is to provide information to former sex offenders who desire, like many other Americans, to travel overseas.In our own research, we have been frustrated by just how little information about this subject can be found online. Furthermore, no embassy or country agency which we have contacted will ever give a firm answer on whether a specific ex sex offender can enter their country. It seems to be kind of an unspoken subject which no one wants to talk about. So we ask for your input if you have traveled overseas with a sex offense in your history. Please email us here if you have some valuable information to share with other readers. We thank those readers who have already contacted us with their experiences.
Please limit your email to hard facts about passports, visas, entry,exit and border checks.
State your past conviction category. This will help us to make sense of how different level offenders are treated.
1. Did you apply for an entry visa, or just travel on a US passport?
2. Did they scan your passport at entry?
3. Were you detained or questioned as a result of your past offense?
4. What nations have you entered (or attempted to visit)?
5. Have you found any reliable documentation about any of these policies which you can share with us?
http://constitutionalfights.wordpress.com/international-travel/
Monday, July 26, 2010
Messy Realities of Ohio's Adoption of AWA Sex Offender Registration Rules
Sentencing Law & Policy: The messy realities of Ohio's adoption of AWA sex offender registration rules.
daytondailynews.com: Sex offender reclassifications will take months.
A helpful reader altered me to this local article 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:
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....
These types of decisions will likely continue during the coming months, said Margie Slagle, staff attorney with the Ohio Justice and Policy Center. “Thousands and thousands of petitions were filed across the state,” Slagle said.
Twenty-eight counties were awaiting the Supreme court’s ruling before taking any action on challenges to Walsh. Nine, including Montgomery, issued county-wide stays, according to a brief filed by the Ohio Public Defender.
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....
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.
Under the old system, 77 percent of offenders were in the lowest category and 18 percent were in the highest as “sexual predators.” Under Walsh, the highest category, Tier III, contained 54 percent.
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.
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 was manually going through all records to determine which defendants had court hearings.
“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.”
daytondailynews.com: Sex offender reclassifications will take months.
A helpful reader altered me to this local article 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:
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....
These types of decisions will likely continue during the coming months, said Margie Slagle, staff attorney with the Ohio Justice and Policy Center. “Thousands and thousands of petitions were filed across the state,” Slagle said.
Twenty-eight counties were awaiting the Supreme court’s ruling before taking any action on challenges to Walsh. Nine, including Montgomery, issued county-wide stays, according to a brief filed by the Ohio Public Defender.
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....
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.
Under the old system, 77 percent of offenders were in the lowest category and 18 percent were in the highest as “sexual predators.” Under Walsh, the highest category, Tier III, contained 54 percent.
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.
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 was manually going through all records to determine which defendants had court hearings.
“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.”
Bills in Congress to Deny Loans and Mortgages to Sex Offenders
sexoffender-reports.blogspot.com: Bills in Congress Will Deny Loans and Mortgages to Sex Offenders.
Small Business Jobs and Credit Act of 2010: HR-5297:
Source of offensive language: House Report 111-506, 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 that the principals of such business have not been convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)). "
FHA Reform Act of 2010: HR-5072:
Source of offensive language: House Floor Debate 6-10-2010 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, that the mortgagor has not been convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)).''."
Friday, July 23, 2010
UPDATES, Friday, July 23 : Failure of Ohio AG to Abide by Supreme Court Ruling
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.
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.
As of 6-06-2010- Total Number of Offenders: 19,361
As of 6-16-2010- Total Number of Offenders: 19,298
As of 6-21-2010- Total Number of Offenders: 19,206
As of 6-28-2010- Total Number of Offenders: 18,964
As of 7-05-2010- Total Number of Offenders: 18,723
As of 7-12-2010- Total Number of Offenders: 18,617
As of 7-21-2010- Total Number of Offenders: 18,529
As of 7-23-2010- Total Number of Offenders: 18,493
In just over 7 weeks, the Ohio AG office has removed fewer than 900 registrants from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. But keep in mind that people are forced onto this corrupt registry every day, as well. So the number removed is probably above 900.
The AG office has refused to answer or return our calls. They have now blacklisted Constitutionalfights. And they have told us so, very directly and rudely. So we must rely on you, the readers, to help do the job of holding them accountable.
Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !
We are hearing from some (not many) readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021
Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515
Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov
OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127
We are also now actively seeking advice from any legal professionals who read these blogs, regarding potential legal action against the Ohio Attorney General Office for their failure to abide by this Ohio Supreme Court ruling. Please contact us at constitutionalfights@yahoo.com with any advice or willingness to help. Thank you.
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.
As of 6-06-2010- Total Number of Offenders: 19,361
As of 6-16-2010- Total Number of Offenders: 19,298
As of 6-21-2010- Total Number of Offenders: 19,206
As of 6-28-2010- Total Number of Offenders: 18,964
As of 7-05-2010- Total Number of Offenders: 18,723
As of 7-12-2010- Total Number of Offenders: 18,617
As of 7-21-2010- Total Number of Offenders: 18,529
As of 7-23-2010- Total Number of Offenders: 18,493
In just over 7 weeks, the Ohio AG office has removed fewer than 900 registrants from their Sex Offender Registry. We are told by the Ohio Public Defender Office that approximately 2300 individuals are slated to be removed. But keep in mind that people are forced onto this corrupt registry every day, as well. So the number removed is probably above 900.
The AG office has refused to answer or return our calls. They have now blacklisted Constitutionalfights. And they have told us so, very directly and rudely. So we must rely on you, the readers, to help do the job of holding them accountable.
Keep contacting the Ohio Attorney General’s Office daily until they get these re-classifications completed and send official letters !
We are hearing from some (not many) readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021
Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515
Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov
OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127
We are also now actively seeking advice from any legal professionals who read these blogs, regarding potential legal action against the Ohio Attorney General Office for their failure to abide by this Ohio Supreme Court ruling. Please contact us at constitutionalfights@yahoo.com with any advice or willingness to help. Thank you.
Thursday, July 15, 2010
Sex Offenders Receive U.S. Passports
See related post : Sex Offenders Denied Entry to Canada.
sdp123a.com: Sex Offenders Receive U.S. Passports (includes video report).
(CNN) -- Thousands of registered sex offenders have received U.S. passports, including at least 30 federal employees, according to a Government Accountability Office report obtained by CNN.
The GAO report said the Department of State cannot legally deny passports to registered sex offenders, except those specifically convicted of sex tourism.
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.
"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."
The State Department called the report "very misleading" and adding it "conveys more 'shock value' than factual accuracy." (Of course, this report is intended to shock and outrage the public)
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."
"The report appears to suggest, without any foundation, that the Department's issuance of passports to certain Americans facilitated their commission of sex crimes abroad," the department's response said. "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."
The original title of the report, "Passports Issued to Thousands of Registered Sex Offenders," was later changed to "Current Situation Results in Thousands of Passports Issued to Registered Sex Offenders." The GAO report was requested by Sen. Charles Grassley, R-Iowa, and Sen. Max Baucus, D-Montana.
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."
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.
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.
About 50 of those who received passports either lived outside the United States or "their whereabouts were unknown," the report said.
A new law took effect in December 2008 that prohibits anyone convicted of sex tourism from receiving a U.S. passport. 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."
"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."
"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. (Grassley doesn't know the difference between a Predator and a Sex Offender)
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.
"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."
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."
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. 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.
Please send any information you have regarding international travel to constitutionalfights@yahoo.com.
If you have a sex offense history and have traveled overseas, please tell us how it went for you.
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.
sdp123a.com: Sex Offenders Receive U.S. Passports (includes video report).
(CNN) -- Thousands of registered sex offenders have received U.S. passports, including at least 30 federal employees, according to a Government Accountability Office report obtained by CNN.
The GAO report said the Department of State cannot legally deny passports to registered sex offenders, except those specifically convicted of sex tourism.
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.
"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."
The State Department called the report "very misleading" and adding it "conveys more 'shock value' than factual accuracy." (Of course, this report is intended to shock and outrage the public)
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."
"The report appears to suggest, without any foundation, that the Department's issuance of passports to certain Americans facilitated their commission of sex crimes abroad," the department's response said. "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."
The original title of the report, "Passports Issued to Thousands of Registered Sex Offenders," was later changed to "Current Situation Results in Thousands of Passports Issued to Registered Sex Offenders." The GAO report was requested by Sen. Charles Grassley, R-Iowa, and Sen. Max Baucus, D-Montana.
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."
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.
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.
About 50 of those who received passports either lived outside the United States or "their whereabouts were unknown," the report said.
A new law took effect in December 2008 that prohibits anyone convicted of sex tourism from receiving a U.S. passport. 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."
"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."
"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. (Grassley doesn't know the difference between a Predator and a Sex Offender)
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.
"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."
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."
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. 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.
Please send any information you have regarding international travel to constitutionalfights@yahoo.com.
If you have a sex offense history and have traveled overseas, please tell us how it went for you.
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.
Wednesday, July 14, 2010
Sex Offender Scam Letter
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.
View scam letter here.
View scam letter here.
Monday, July 12, 2010
Contacting Constitutionalfights.org
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, Constitutionalfights.org will then no longer be responding to emails or blog comments.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 a subject line related to our blog topic, or it could go unread in the "spam" folder. Anyone who has us on their email address book, or mailing list, please remove us as soon as possible. After we close these blogs, we will no longer receive your messages and will sent up an auto-response just to annoy until you remove us.
Thanks,
constitutionalfights@yahoo.com
Important:
Keep contacting the Ohio Attorney General's Office daily until they get these re-classifications completed and send official letters !
We are hearing from some readers who have told us of their removal from the registry. We are happy to see these people relieved of their illegal punishments but we urge all readers to remain vigilant until the Attorney General Office sends official letters to registrants informing them that they no longer have a duty to register. Having these letters in hand is very important. Law enforcement is just as corrupt and incompetent as other state authorities are. If a sheriff bangs on your door in the middle of the night because you did not register, you need to have that letter in hand !
Friday, July 9, 2010
UPDATES, Friday, July 9 : New Info from Ohio Public Defender
From our contact at the Ohio Public Defender Office:
Someone in our SB 10 litigation group was able to get some information from the AG’s office today. Here’s the excerpt from that email:
The AG’s office has reclassified all of the Predators and are now working on the Habitual Offenders (those whose original classifications were either Predator or Habitual before Senate Bill 10). They are reclassifying those two groups first because all of those people clearly have a prior judicial registration order (the court order given near time of conviction which originally classified the offender). The Bodyke decision requires that these original court orders shall now go back into effect.
For the originally-classified Sexually Oriented Offenders, they are pulling the final court order to confirm there was a hearing and reclassifying them.
Out of state offenders will not be changed pending the Motion for Clarification, and neither will anyone without a court order.
They believe approximately 2300 offenders will be released from the sex offender registry. They are checking each one individually to make certain there were no tolling events. They are then notifying the Local Sheriff’s Office of whom should be removed from the registry. Notices will be sent to all but the Predators.
They also believe that all the other provisions of SB 10 still apply to the reclassified offenders.
They are reclassifying people whose original classifications (before SB 10) were either Predator or Habitual, because all of those people clearly have a prior judicial order. If you were originally classified as a Sexually Oriented Offender, you probably won’t be getting an official letter from the AG until they start reclassifying people who were originally SOO's. And, it looks like they’ll only reclassify SOO's who have a prior court order labeling them as such. (If you’ve seen the Motion for Clarification that the AG filed last month, they’re unsure of how to classify people who don’t have prior court orders.)
Note: Attorneys for Bodyke have filed a Motion in Opposition to the AG's Motion for Clarification, which was filed immediately after the decision by the Ohio Attorney General office. We said at the time that this was a stalling tactic by the AG to buy time. Let us hope the Ohio Supreme Court quickly denies the AG motion.
Someone in our SB 10 litigation group was able to get some information from the AG’s office today. Here’s the excerpt from that email:
The AG’s office has reclassified all of the Predators and are now working on the Habitual Offenders (those whose original classifications were either Predator or Habitual before Senate Bill 10). They are reclassifying those two groups first because all of those people clearly have a prior judicial registration order (the court order given near time of conviction which originally classified the offender). The Bodyke decision requires that these original court orders shall now go back into effect.
For the originally-classified Sexually Oriented Offenders, they are pulling the final court order to confirm there was a hearing and reclassifying them.
Out of state offenders will not be changed pending the Motion for Clarification, and neither will anyone without a court order.
They believe approximately 2300 offenders will be released from the sex offender registry. They are checking each one individually to make certain there were no tolling events. They are then notifying the Local Sheriff’s Office of whom should be removed from the registry. Notices will be sent to all but the Predators.
They also believe that all the other provisions of SB 10 still apply to the reclassified offenders.
They are reclassifying people whose original classifications (before SB 10) were either Predator or Habitual, because all of those people clearly have a prior judicial order. If you were originally classified as a Sexually Oriented Offender, you probably won’t be getting an official letter from the AG until they start reclassifying people who were originally SOO's. And, it looks like they’ll only reclassify SOO's who have a prior court order labeling them as such. (If you’ve seen the Motion for Clarification that the AG filed last month, they’re unsure of how to classify people who don’t have prior court orders.)
Note: Attorneys for Bodyke have filed a Motion in Opposition to the AG's Motion for Clarification, which was filed immediately after the decision by the Ohio Attorney General office. We said at the time that this was a stalling tactic by the AG to buy time. Let us hope the Ohio Supreme Court quickly denies the AG motion.
Tuesday, July 6, 2010
UPDATES, Tuesday, July 6 : Arrogant Ohio Attorney General Office
We have experienced increasing snotty , arrogant attitudes from the Ohio Attorney General office employees.
Remember that these people are public servants, which means that they work for YOU and me. This attitude they are displaying is totally unacceptable for State Public Servants to demonstrate to the people who pay their salaries.
Do not allow them to intimidate , interrupt or act arrogantly towards you on the phone.
Fight back.
Today, we received an e-fax number for Assistant Attorney General Justin Hykes, who now refuses to return our calls. I encourage all readers ( even those who have received their reclassification letters) to call , email and fax him daily to ask why the AG office has been so slow to act on the Ohio Supreme Court ruling of June 3, 2010. Even those of you who have received your reclassification letters can help others who are still waiting. We are all in this fight together and need to help each other.
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021
Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515
Both of these two Help Center lackeys have been exceptionally snotty and arrogant on the phone.
From the Ohio AG website:
“We know about state government and the resources that are available to help Ohioans. We help people navigate those resources. And at the end of the day, it’s a good feeling to know you’ve helped someone with a problem.”
I guess she lost her affection for helping citizens.
It has now been over a month since the Supreme Court decision which overturned sex offender reclassifications by Ohio Senate Bill 10, and we have seen only about 600 registrants removed. At this rate of approximately 150 removals per week, the reclassification process will take 10 years !
It is time to stop being nice about this. Contact the Ohio AG office daily to ask why they are not acting in a timely manner to reclassify registrants. Insist they get the reclassification letters sent out immediately. Ask when they will devote more resources to this job and when it will be completed. Only when we keep pressure on these corrupt public servants will we see any real substantive progress.
Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov
OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127
The only good part of the snotty attitude of these people is that through it, we see that the pressure is starting to work. We must all continue to keep the pressure on these public servants.
The more pressure we can keep on them, the faster these reclassifications will be completed.
Contact them daily !
Remember that these people are public servants, which means that they work for YOU and me. This attitude they are displaying is totally unacceptable for State Public Servants to demonstrate to the people who pay their salaries.
Do not allow them to intimidate , interrupt or act arrogantly towards you on the phone.
Fight back.
Today, we received an e-fax number for Assistant Attorney General Justin Hykes, who now refuses to return our calls. I encourage all readers ( even those who have received their reclassification letters) to call , email and fax him daily to ask why the AG office has been so slow to act on the Ohio Supreme Court ruling of June 3, 2010. Even those of you who have received your reclassification letters can help others who are still waiting. We are all in this fight together and need to help each other.
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257
FAX 614-466-5087
E-fax 1 866 293 1021
Paula Armentrout ,AG Help Center Manager can be contacted here:
800-282-0515
Dan, Help Center Supervisor can be contacted here:
800-282-0515
Both of these two Help Center lackeys have been exceptionally snotty and arrogant on the phone.
From the Ohio AG website:
“We know about state government and the resources that are available to help Ohioans. We help people navigate those resources. And at the end of the day, it’s a good feeling to know you’ve helped someone with a problem.”
Paula Armentrout
Help Center supervisor
Constituent Services Section"
I guess she lost her affection for helping citizens.
It has now been over a month since the Supreme Court decision which overturned sex offender reclassifications by Ohio Senate Bill 10, and we have seen only about 600 registrants removed. At this rate of approximately 150 removals per week, the reclassification process will take 10 years !
It is time to stop being nice about this. Contact the Ohio AG office daily to ask why they are not acting in a timely manner to reclassify registrants. Insist they get the reclassification letters sent out immediately. Ask when they will devote more resources to this job and when it will be completed. Only when we keep pressure on these corrupt public servants will we see any real substantive progress.
Ohio Attorney General Office:
Ohio Attorney General Richard Cordray, 30 E. Broad St., 17th Floor, Columbus, OH 43215
(800) 282-0515
Monday – Friday 8 a.m. – 7 p.m.
Email Ohio ESORN at OHLEGsupport@OhioAttorneyGeneral.gov
OHLEG Support
1-866-40-OHLEG (1-866-406-4534)
OHLEGsupport@OhioAttorneyGeneral.gov
Media Contacts:
Kim Kowalski: (614) 728-9692, cell: (614) 893-6018
Ted Hart: Deputy Director of Media Relations
Office of the Ohio Attorney General
PHONE 614-728-4127, cell: (614) 743-2286
EMAIL ted.hart@ohioattorneygeneral.gov (614) 728-4127
The only good part of the snotty attitude of these people is that through it, we see that the pressure is starting to work. We must all continue to keep the pressure on these public servants.
The more pressure we can keep on them, the faster these reclassifications will be completed.
Contact them daily !
Monday, July 5, 2010
2nd Annual Conference of Reform Sex Offender Laws (RSOL)
Newsvine.com: Sex Offenders Meet Media.
A group of former sex offenders and experts in the field of sexual offense met with members of the press Monday, following the 2nd Annual Conference of Reform Sex Offender Laws (RSOL). RSOL seeks to reform or repeal legislation like the Adam Walsh Act, which has a current deadline for implementation of July 1st but has only been completely adopted by 4 states (3 states and an Indian Tribe, as far as we know).
Surprisingly RSOL does not seek for the immediate abolishment of the Sex Offender Registry but for a more directed approach to Registration and other sex offender related laws. According to Dr. Chrysandi Leon, University of Delaware, Professor of Sociology and an Expert on Sex Offender recidivism who presented at the conference, “the limited resources of law enforcement are being diluted by the blanket registration of all sex offenders.” “Credible statistical studies over the last 15 years “since the registry was implemented show that “it has had no impact of the recidivism rate.” We can go back to studies from the 1940’s on, long before the registry was implemented, and show that the rate of offenses has remained remarkably consistent over the intervening years.
RSOL advocates a more directed and individualized approach to registration using scientifically based data to identify those offenders who pose a significant treat to society and who are truly “dangerous.” Right now it is impossible for parents or even law enforcement to accurately determine an offender’s potential risk because of labels such as “sexually violently predator” which are blanketedly applied to all offenders who have committed a specific set of offenses rather that using individualized assessment to apply that designation. Having over 700,000 people on the registry nation-wide makes it difficult for law enforcement to narrow the field quickly when a child goes missing.
“We are as concerned about the safety of children as anyone else” says Kelly Piercy, a former offender, and chairman of Georgians for Reform, but “we don’t believe that the current legislation is effective in doing so, it wastes resources and punishes those who are trying to reintegrate as productive citizens.”
Interestingly several children both of non-offender presenters and children of former offenders attended and roamed freely about the conference seemingly without fear of any kind.
Besides Dr. Leon, and Piercy other presenters at the conference included: Lloyd Swartz, New Mexico Registrant and Reform Advocate, J.Tom Morgan, former prosecutor and sex offender registry sponsor from Georgia who now states that “the registry no longer serves the purposes for which it was created;” Norman A. Pattis, Connecticut defense attorney, Nancy M. Steele, PhD, a Clinical Psychologist and sex offender treatment specialist, and Rev. James L. Powell, PhD, DD, a Methodist Minister whose Atlanta- based church welcomes sex offenders but under strict perimeters. Powell is also a licensed clinical psychologist and regularly counsels with former sex offenders. “There is much that the church and other community based organizations can do to mentor and help former sex offenders who want to reform,” thus increasing the net of safety that we all seek when dealing with those who have previously offended, particularly when the offense involves children.” Another presenter Mary Duval of Oklahoma, CEO of SOSEN, another sex offender advocacy group, became vehement in her fight for change, when her teenaged son Ricky was convicted of having sex with a younger teenaged girl. At that time there were no “Romeo and Juliet” laws which exempt consensual teenage sex from prosecution. Duval’s lobbying efforts help create these laws. Though completely blind, Duval actively lectures and campaigns throughout the United States, she also co-hosts weekly radio shows on ARC Talk Radio which focus on human rights and sex offender issues.
The conference concluded Monday after concentrated lobbying efforts on Capitol Hill. Portions of the Conference were recorded and links will soon be available online. These and other information about RSOL are available at their national website www.reformsexoffenderlaws.org .
A group of former sex offenders and experts in the field of sexual offense met with members of the press Monday, following the 2nd Annual Conference of Reform Sex Offender Laws (RSOL). RSOL seeks to reform or repeal legislation like the Adam Walsh Act, which has a current deadline for implementation of July 1st but has only been completely adopted by 4 states (3 states and an Indian Tribe, as far as we know).
Surprisingly RSOL does not seek for the immediate abolishment of the Sex Offender Registry but for a more directed approach to Registration and other sex offender related laws. According to Dr. Chrysandi Leon, University of Delaware, Professor of Sociology and an Expert on Sex Offender recidivism who presented at the conference, “the limited resources of law enforcement are being diluted by the blanket registration of all sex offenders.” “Credible statistical studies over the last 15 years “since the registry was implemented show that “it has had no impact of the recidivism rate.” We can go back to studies from the 1940’s on, long before the registry was implemented, and show that the rate of offenses has remained remarkably consistent over the intervening years.
RSOL advocates a more directed and individualized approach to registration using scientifically based data to identify those offenders who pose a significant treat to society and who are truly “dangerous.” Right now it is impossible for parents or even law enforcement to accurately determine an offender’s potential risk because of labels such as “sexually violently predator” which are blanketedly applied to all offenders who have committed a specific set of offenses rather that using individualized assessment to apply that designation. Having over 700,000 people on the registry nation-wide makes it difficult for law enforcement to narrow the field quickly when a child goes missing.
“We are as concerned about the safety of children as anyone else” says Kelly Piercy, a former offender, and chairman of Georgians for Reform, but “we don’t believe that the current legislation is effective in doing so, it wastes resources and punishes those who are trying to reintegrate as productive citizens.”
Interestingly several children both of non-offender presenters and children of former offenders attended and roamed freely about the conference seemingly without fear of any kind.
Besides Dr. Leon, and Piercy other presenters at the conference included: Lloyd Swartz, New Mexico Registrant and Reform Advocate, J.Tom Morgan, former prosecutor and sex offender registry sponsor from Georgia who now states that “the registry no longer serves the purposes for which it was created;” Norman A. Pattis, Connecticut defense attorney, Nancy M. Steele, PhD, a Clinical Psychologist and sex offender treatment specialist, and Rev. James L. Powell, PhD, DD, a Methodist Minister whose Atlanta- based church welcomes sex offenders but under strict perimeters. Powell is also a licensed clinical psychologist and regularly counsels with former sex offenders. “There is much that the church and other community based organizations can do to mentor and help former sex offenders who want to reform,” thus increasing the net of safety that we all seek when dealing with those who have previously offended, particularly when the offense involves children.” Another presenter Mary Duval of Oklahoma, CEO of SOSEN, another sex offender advocacy group, became vehement in her fight for change, when her teenaged son Ricky was convicted of having sex with a younger teenaged girl. At that time there were no “Romeo and Juliet” laws which exempt consensual teenage sex from prosecution. Duval’s lobbying efforts help create these laws. Though completely blind, Duval actively lectures and campaigns throughout the United States, she also co-hosts weekly radio shows on ARC Talk Radio which focus on human rights and sex offender issues.
The conference concluded Monday after concentrated lobbying efforts on Capitol Hill. Portions of the Conference were recorded and links will soon be available online. These and other information about RSOL are available at their national website www.reformsexoffenderlaws.org .
International Megan’s Law Must be Killed in Congress
See related posts:
The International Megan's Law of 2010
HR1623 International Megan’s Law
International Megans Law Moves Forward in US House
Sex Offender Law Could Go Global
The proposed International Megan’s Law must be defeated in Congress.
It has undergone several revisions and it's bill number has changed. But this International Megan’s Law bill (if passed) would virtually ban any registered sex offender from traveling outside the United States. You need to read and learn about this bill and fight vigilantly to kill it.
Bill Summary:
"H.R. 5138 would protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other registered sex offenders against minors intending to engage in international travel, providing advance notice of intended travel by high interest registered sex offenders outside the United States to the government of the country of destination, requesting foreign governments to notify the United States when a known child sex offender is seeking to enter the United States."
We at ConstitutionalFights.org abhor sexual exploitation and abuse of any kind. But we similarly abhor laws such as this, which singles out one group of offenders for extreme punishments and restrictions which amount to constitutional infringements upon their liberty in this great country. Former offenders have the same dreams and desires others have of traveling to other parts of the world. What would you think if the government told YOU that you could never travel outside the US without restrictions, and government monitoring?
From Terry at JusticeinJersey.org:
Please let us know once you have called, emailed or written to the committee and your senator. You should also write to Representative Chris Smith, 2375 Rayburn HOB, Washington, DC 20515.
Thank you so much for your time and attention to this important matter.
Terry
www.JusticeInJersey.org
RSOL State Coordinator
NowJustice4All@gmail.com
The International Megan's Law of 2010
HR1623 International Megan’s Law
International Megans Law Moves Forward in US House
Sex Offender Law Could Go Global
The proposed International Megan’s Law must be defeated in Congress.
It has undergone several revisions and it's bill number has changed. But this International Megan’s Law bill (if passed) would virtually ban any registered sex offender from traveling outside the United States. You need to read and learn about this bill and fight vigilantly to kill it.
Bill Summary:
"H.R. 5138 would protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other registered sex offenders against minors intending to engage in international travel, providing advance notice of intended travel by high interest registered sex offenders outside the United States to the government of the country of destination, requesting foreign governments to notify the United States when a known child sex offender is seeking to enter the United States."
We at ConstitutionalFights.org abhor sexual exploitation and abuse of any kind. But we similarly abhor laws such as this, which singles out one group of offenders for extreme punishments and restrictions which amount to constitutional infringements upon their liberty in this great country. Former offenders have the same dreams and desires others have of traveling to other parts of the world. What would you think if the government told YOU that you could never travel outside the US without restrictions, and government monitoring?
From Terry at JusticeinJersey.org:
When I met with Rep. Chris Smith's office (they had 2 attorneys) I was handed a new copy of bill H.R. 5138 and told that they had revised it. We talked about the revisions and since then I have been reading it line by line for intent and objections. I have sent them three pages so far and am 1/2 way through the bill. I just came across another hidden point which is disturbing and I believe we all should be writing to our Senators and all of the representatives on The Congressional Appropriations Committee.
- A Fee, not to exceed the amount of $25 will be charged by ICE to all sex offenders as a processing fee. However, this fee can be increased thereafter, not earlier than 30 days after consultation with the appropriate congressional committees.
- This is an unlimited pool of money from hardworking sex offenders to pay for the additional resources and to other counties. They are also asking for 250,000 (a quarter mil) as start up money from the our taxpayers in addition to providing resources, money, and technology to other countries.
- While they also state that this fee shall be waved if the sex offender demonstrates to the satisfaction of ICE, pursuant to a fee waiver process established by ICE, that the payment of such fee would impose and undue financial hardship on the sex offender. (how could one prove hardship when planing to travel internationally? Most SOs fall just above the income line to be able to qualify.)
When I spoke to the Representatives of Congressman Chris Smith's office, I was assured that the bill was changed to go after the worst of the worst based on risk based evaluations performed by ICE. If that were true this bill would not constantly say just "sex offender" instead of saying "high risk sex offender as identified by ICE through risk based evaluation testing."
Of course, this bill applies to all registered sex offenders (as written) whose offense involved a minor. And this fee is just one objectionable point in this legislation. The restriction and monitoring of any ex offender who desires to travel internationally is the main point of objection.
Of course, this bill applies to all registered sex offenders (as written) whose offense involved a minor. And this fee is just one objectionable point in this legislation. The restriction and monitoring of any ex offender who desires to travel internationally is the main point of objection.
Please write your Senator(s) and the Congressional Appropriations Committee
Appropriations Committee Members
Appropriations Committee Members
Democratic Members
 | DANIEL K. INOUYE Hawaii, Chairman Defense (Chairman), Commerce, Justice, Science, Homeland Security, Labor, HHS, and Education, Military Construction and Veterans Affairs, State, Foreign Operations Visit website Financial Disclosure Letters |
 | PATRICK J. LEAHY Vermont State, Foreign Operations (Chairman), Commerce, Justice, Science, Defense, Homeland Security, Interior, Transportation/HUD Visit website Financial Disclosure Letters |
 | TOM HARKIN Iowa Labor, HHS, Education (Chairman), Agriculture, Rural Development, Defense, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | BARBARA A. MIKULSKI Maryland Commerce, Justice, Science (Chairman), Defense, Homeland Security, Interior, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | HERB KOHL Wisconsin Agriculture, Rural Development (Chairman), Commerce, Justice, Science, Defense, Interior, Labor, HHS and Education, Transportation /HUD Visit website Financial Disclosure Letters |
 | PATTY MURRAY Washington Transportation/HUD (Chairman), Defense, Energy and Water Development, Homeland Security, Labor, HHS and Education, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
 | BYRON DORGAN North Dakota Energy and Water Development (Chairman), Agriculture, Rural Development, Commerce, Justice, Science, Defense, Interior, Transportation/HUD Visit website Financial Disclosure Letters |
 | DIANNE FEINSTEIN California Interior (Chairman), Agriculture and Rural Development, Commerce, Justice, Science, Defense, Energy and Water Development, Transportation/HUD Visit website Financial Disclosure Letters |
 | RICHARD J. DURBIN Illinois Financial Services and General Government (Chairman), Agriculture and Rural Development, Defense, Labor, HHS and Education, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | TIM JOHNSON South Dakota Military Construction and Veterans Affairs (Chairman), Agriculture, Rural Development, Energy and Water Development, Interior, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | MARY L. LANDRIEU Louisiana Energy and Water Development, Financial Services and General Government, Homeland Security, Labor, HHS and Education, Military Construction and Veterans Affairs, State, Foreign Operations Visit website Financial Disclosure Letters |
 | JACK REED Rhode Island Agriculture and Rural Development, Commerce, Justice, Science, Energy and Water Development, Interior, Labor, HHS, Education, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
 | FRANK R. LAUTENBERG New Jersey Homeland Security (Interim Chairman),Commerce, Justice, Science, Transportation/HUD, Energy and Water Development, Financial Services and General Government, Labor, HHS and Education, State, Foreign Operations Visit website Financial Disclosure Letters |
 | BEN NELSON Nebraska Legislative Branch (Chairman), Agriculture and Rural Development, Financial Services and General Government, Interior, Military Construction and Veterans Affairs, Commerce, Justice, Science Visit website Financial Disclosure Letters |
 | MARK PRYOR Arkansas Agriculture, Commerce, Justice, Science, Labor, HHS and Education, Legislative Branch, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
 | JON TESTER Montana Energy and Water Development, Financial Services and General Government, Homeland Security, Legislative Branch Visit website Financial Disclosure Letters |
 | ARLEN SPECTER Pennsylvania Labor, HHS and Education, Agriculture and Rural Development, Defense, Homeland Security, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
Republican Members
 | THAD COCHRAN Mississippi, Vice Chairman Defense (Ranking), Homeland Security, Agriculture and Rural Development, Energy and Water Development, Interior, Labor, HHS and Education Visit website Financial Disclosure Letters |
 | CHRISTOPHER S. BOND Missouri Transportation/HUD (Ranking), Agriculture and Rural Development, Defense, State, Foreign Operations, Energy and Water Development, Financial Services and General Government Visit website Financial Disclosure Letters |
 | MITCH MCCONNELL Kentucky Agriculture and Rural Development, State, Foreign Operations, Commerce, Justice, Science, Defense, Energy and Water Development, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
 | RICHARD C. SHELBY Alabama Commerce, Justice, Science (Ranking), Energy and Water Development, Defense, Homeland Security, Labor, HHS, Education, Transportation/ HUD Visit website Financial Disclosure Letters |
 | JUDD GREGG New Hampshire State, Foreign Operations (Ranking), Commerce, Justice, Science, Defense, Homeland Security, Interior, Labor, HHS and Education Visit website Financial Disclosure Letters |
 | ROBERT F. BENNETT Utah Energy and Water Development (Ranking), Agriculture and Rural Development, Defense, Interior, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | KAY BAILEY HUTCHISON Texas Military Construction and Veterans Affairs (Ranking), Commerce, Justice, Science, Defense, Energy and Water Development, Labor, HHS and Education, Transportation/HUD Visit website Financial Disclosure Letters |
 | SAM BROWNBACK Kansas Agriculture and Rural Development (Ranking), Homeland Security, State, Foreign Operations, Commerce, Justice, Science, Transportation/HUD, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
 | LAMAR ALEXANDER Tennessee Interior (Ranking), Commerce, Justice, Science, Energy and Water Development, Labor, HHS, and Education, Financial Services and General Government, Transportation/HUD Visit website Financial Disclosure Letters |
 | SUSAN COLLINS Maine Financial Services and General Government (Ranking), Agriculture, Interior, Military Construction and Veterans Affairs, Transportation/HUD Visit website Financial Disclosure Letters |
 | GEORGE VOINOVICH Ohio Homeland Security (Ranking), Commerce, Justice, Science, Energy and Water Development, State, Foreign Operations, Transportation/HUD Visit website Financial Disclosure Letters |
 | LISA MURKOWSKI Alaska Legislative Branch (Ranking), Commerce, Justice, Science, Homeland Security, Interior, Military Construction and Veterans Affairs Visit website Financial Disclosure Letters |
Terry
www.JusticeInJersey.org
RSOL State Coordinator
NowJustice4All@gmail.com
Sunday, July 4, 2010
Sex Offenders and Civil Rights
Defending Sex Crimes: Sex Offenders and Civil Rights
A law student I admire sent me a note not long ago asking, in effect, whether those calling for the reform of sex offender legislation were opposed to punishment for those engaged in real acts of sexual misconduct. The hypothetical case she used as an example was that of a 50-year-old man who abused a six-year-old girl. Such conduct, of course, calls for a response by the law; child abuse is wrong. No one is asking that it be legalized.
But the current regime of sex offender legislation does far more than target such offenses. It encompasses an ever-widening course of conduct, and it imposes ever-more draconian consequences. Reform efforts are focused on a sense of proportion between offense and consequence. These efforts also ask that lawmakers and the courts give ample consideration to whether some offenses ought to carry criminal consequences at all.
I spoke a week ago at a conference on the reform of sex offender legislation and was moved almost to tears by what I saw: Adults living almost in fear of government and others. Attendees at the conference wore name badges that simply gave their first name and their state of origin. When I questioned why this was so, one participant told me they were afraid of retaliation by government actors. That struck me as almost paranoid, but the paranoia has its source in laws at once so savage and harsh that I understand the fear. It is, after all, a criminal offense is 13 states to urinate in public: doing so will land you a place on the sex offender registry, and the communal scorn that comes of this. No wonder people are afraid.
While at the conference, one man asked whether the treatment of sex offenders was a civil rights issue. Had the time not come for concerted legal efforts to challenge laws that are overbroad in application and often cruel and unusual in application.
I am not sure how much relief the courts are prepared to offer. My sense is that reform of these laws is primarily a legislative effort, and that nothing will be as successful in promoting change as grassroots efforts by those harmed by these laws. Judges, for example, are afraid, often reluctant to act when they must face re-election or retention hearings. Even in the federal courts, where judges have lifetime appointments, political pressure can be keen: Public hysteria is focused now on United States District Court Judge Robert N. Chatigny, a nominee to the Court of Appeals for the Second Circuit: Muckrakers claim the judge is soft on sex offenders and therefore unworthy of confirmation. This is scary stuff. Who wants to stand next to a sex offender?
But lawyers can play a role. We can litigate cases or controversies arising under state and federal constitutions. Ohio's Jeff Gamso just won a spectacular victory under the Ohio constitution, persuading the state's Supreme Court that it's sex offender classification system involved a violation of the state's separation of powers clause. Other states have similar doctrines and practices. Lawyers need a clearing house to share this information.
What's needed are lawyers willing to give of their time to help push reform. Needed even more is an organization to provide administrative support for the lawyers.
Someone asked a question from the floor of the Washington conference last week about what it would take to form a committee of lawyers willing to support the reform. Here's the answer: Your question has prompted one lawyer, me, to declare a willingness to serve. I'll be reaching out to other lawyers with an aim of finding folks in each of the 50 states. But now I have a question: When we've lined up all these lawyers, we'll need help moving paper and gathering information. Where will we find that support?
A law student I admire sent me a note not long ago asking, in effect, whether those calling for the reform of sex offender legislation were opposed to punishment for those engaged in real acts of sexual misconduct. The hypothetical case she used as an example was that of a 50-year-old man who abused a six-year-old girl. Such conduct, of course, calls for a response by the law; child abuse is wrong. No one is asking that it be legalized.
But the current regime of sex offender legislation does far more than target such offenses. It encompasses an ever-widening course of conduct, and it imposes ever-more draconian consequences. Reform efforts are focused on a sense of proportion between offense and consequence. These efforts also ask that lawmakers and the courts give ample consideration to whether some offenses ought to carry criminal consequences at all.
I spoke a week ago at a conference on the reform of sex offender legislation and was moved almost to tears by what I saw: Adults living almost in fear of government and others. Attendees at the conference wore name badges that simply gave their first name and their state of origin. When I questioned why this was so, one participant told me they were afraid of retaliation by government actors. That struck me as almost paranoid, but the paranoia has its source in laws at once so savage and harsh that I understand the fear. It is, after all, a criminal offense is 13 states to urinate in public: doing so will land you a place on the sex offender registry, and the communal scorn that comes of this. No wonder people are afraid.
While at the conference, one man asked whether the treatment of sex offenders was a civil rights issue. Had the time not come for concerted legal efforts to challenge laws that are overbroad in application and often cruel and unusual in application.
I am not sure how much relief the courts are prepared to offer. My sense is that reform of these laws is primarily a legislative effort, and that nothing will be as successful in promoting change as grassroots efforts by those harmed by these laws. Judges, for example, are afraid, often reluctant to act when they must face re-election or retention hearings. Even in the federal courts, where judges have lifetime appointments, political pressure can be keen: Public hysteria is focused now on United States District Court Judge Robert N. Chatigny, a nominee to the Court of Appeals for the Second Circuit: Muckrakers claim the judge is soft on sex offenders and therefore unworthy of confirmation. This is scary stuff. Who wants to stand next to a sex offender?
But lawyers can play a role. We can litigate cases or controversies arising under state and federal constitutions. Ohio's Jeff Gamso just won a spectacular victory under the Ohio constitution, persuading the state's Supreme Court that it's sex offender classification system involved a violation of the state's separation of powers clause. Other states have similar doctrines and practices. Lawyers need a clearing house to share this information.
What's needed are lawyers willing to give of their time to help push reform. Needed even more is an organization to provide administrative support for the lawyers.
Someone asked a question from the floor of the Washington conference last week about what it would take to form a committee of lawyers willing to support the reform. Here's the answer: Your question has prompted one lawyer, me, to declare a willingness to serve. I'll be reaching out to other lawyers with an aim of finding folks in each of the 50 states. But now I have a question: When we've lined up all these lawyers, we'll need help moving paper and gathering information. Where will we find that support?
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