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.”

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)).''."

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.

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.

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.

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 !

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.

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.”

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 !

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 .

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:

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.

Please write your Senator(s) and the Congressional Appropriations Committee

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

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

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?

Re-classification Letters from Ohio AG

Thanks to Jay, a reader, we have obtained a copy of the reclassification letters to be sent to those registrants who are affected by the Ohio Bodyke Supreme Court ruling.

The letter is sent from Mr. Steve Raubenolt
Deputy Superintendent of Identification, Ohio Bureau of Criminal Identification and Investigation
Post Office Box 365
London, OH 43140-0365
(740) 845-2105
(740) 845-2020 Fax
sraubenolt@ag.state.oh.us

It may be worth trying to contact him if you still have not received your letter. Today marks one month since the Bodyke decision. Yet we have heard of only a couple of people who have received re-classification letters. Readers are encouraged to keep contacting these officials until they do what they are legally required to do, in accordance with the Ohio Supreme Court ruling.




Also contact:
Justin Hykes, Assistant Attorney General of Ohio
justin.hykes@ohioattorneygeneral.gov
614-387-4257