12-28-2007 Ohio:
CANTON Sex offenders living in Stark County who challenge the state’s new registration law won’t be bound by its regulations for at least three months.
Common Pleas Judge John G. Haas put enforcement of the law on hold Thursday after hearing arguments and consulting with his fellow judges.
At least 27 convicted sex offenders in Stark County have challenged the law, which takes effect on Tuesday. More challenges are on the way. The Stark County Public Defender’s office has interviewed at least 30 people and is in the process of preparing those petitions.
COURT RULES
Haas granted a preliminary injunction on the community notification and registration requirements, saying that county prosecutors and attorneys for the sex offenders need more time to gather information before dealing in March with arguments that the law violates several constitutional principles and is unfair in its retroactive application.
The order only covers sex offenders who challenge the law before Dec. 31 or within 60 days of their notice of reclassification, whichever comes later, and they must continue registering with the sheriff as if the old law is still in effect, Haas said.
Ohio changed its classification system earlier this year to bring it in line with the federal Adam Walsh Act. The attorney general’s office has been reclassifying all sex offenders who didn’t complete their registration requirements before July 1.
The old categories of sexually oriented offender, habitual sex offender and sexual predator are out, replaced by three tiers. Instead of a judge deciding which tier to place an offender, the new law assigns offenders by their crime without considering the risk to the community or likelihood of re-offending.
Judges do have discretion when it comes to ordering community notification.
As a result of the change, some sex offenders are finding themselves in more restrictive tiers, including those now requiring lifetime registration and community notification.
CHALLENGES MOUNT
Defense attorney Rick Pitinii, who filed some of the first challenges last week, argued that if offenders are reclassified and made subject to community notification, and later the law is found unconstitutional, they would be irreparably harmed. He was backed in his argument by other local defense attorneys.
Assistant Stark County Prosecutor Chryssa Hartnett asked the court to enforce the law. If there were concerns about community notification, the judge could stay that provision, while letting the rest of the law go forward, she said.
Haas said it was his job to make sure the rights of sex offenders weren’t being overlooked, and he could only imagine the uproar if some other law — like a zoning code — were being changed.
Also, the sheriff hasn’t received a list of local sex offenders and their new classifications from the attorney general.
“That’s another reason why I don’t think this thing is ready to go as of the first of the year,” Haas said.
Earlier this month the Ohio Supreme Court dismissed a constitutional challenge to the law without comment. Defense attorneys around the state have taken that to mean the court wants to see the issue work its way through lower courts before weighing in.
Amy Borror, public information officer for the Ohio Public Defender, said judges in Franklin, Hamilton and Licking counties have granted injunctions but those decisions dealt with individual cases.
..more.. by Reach Repository writer Shane Hoover at (330) 580-8338 or e-mail shane.hoover@cantonrep.com.
OLD LAW
Sexually oriented offender: Annual registration for 10 years
Habitual sex offender: Annual registration for 20 years
Sexual predator: Lifetime registration with verification every three months
NEW LAW
Tier 1: Annual registration for 15 years
Tier 2: Registration every six months for 25 years
Tier 3: Lifetime registration with verification every three months
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