New sex offender status act challenged

1-6-2008 Ohio:

Six Seneca county residents are contesting the Adam Walsh Act that changed their sex offender classification. They filed petitions in Seneca County Common Pleas court requesting their new status be reviewed.

The new state law is part of an effort to make sex offender registries uniform nationwide. The Legislature passed the law last year. States that do not comply could lose federal funding.

State Rep. Jeff Wagner, R-Sycamore, said Bob Latta, who then represented the Sixth Ohio House district, was the main advocate for the bill in the house, which had to be enacted for Ohio to be in compliance with federal mandates. Even though there are now legal challenges to the act, Wagner feels its passage was proper.

“I’m sure it’s the right thing to do, to toughen these laws,” Wagner said. “I don’t know all the legal ramifications. We’ll have to let the courts figure it out.”

Offenders are now ranked into three tiers based on the charges for which they were convicted.

Sexually oriented offenders, the lowest tier, are now required to register with the county sheriff’s office for 15 years. Formerly it was required they register for 10 years.

Habitual sexual offenders are required to register for 25 years, a five-year increase.

Offenders in the highest tier, sexual predators, now must register four times a year for life with the sheriff’s office. They are subject to having their neighbors and workplace notified. This tier includes anyone convicted of violent crimes that were sexual in nature, including rape or murder with sexual motivation.

Those who have had their classification changed can challenge the reclassification in the Seneca County Common Pleas Court by filing either a motion for community notification relief or a petition to contest the reclassification. Their cases will be evaluated to see if the offender has been evaluated correctly.

“They have the right to move around, so it makes sense we have more uniformity in reporting requirements,” Seneca County Prosecutor Ken Egbert Jr. said.

Lt. Mark Derr, administrator for the Seneca County sex offender registration and notification system, said one problem with the previous system was an offender could move to a state in which his conviction might bring a less stringent registration requirement.

Another problem has occurred with individuals not registering. Derr said he had to charge about 14 people last year for failure to notify or change their address

“I think its going to keep some of these guys awake with having to register more often,” Derr said.

He said the biggest classification increase in Seneca County, because of the new law, occurred with the sexual predator classification. It previously had the least number of people registered.

There are now 12 sexual predators registered with the Seneca County Sheriff’s office. This classification is now larger than the habitual sexual offender classification. This now has six offenders that are subject to community notification and four who are not subject to community notification.

Seneca County uses the Covington, La., based Watch System to notify area residents when an offender moves into the area.

Derr said his department at the sheriff’s office will be busy for the first six months re-registering individuals. It is possible he may be subpoenaed into hearings by those challenging the change in classification.

Egbert said the prosecutor’s office is ready for the hearings that are to come.

The new law has spurred action from some who believe the law violates constitutional rights.

The Office of the Ohio Public Defender, the ACLU of Ohio Foundation, and the Ohio Justice and Policy Center came together and filed a challenge to the law this fall, but the Ohio Supreme Court declined to hear the case.

Local attorney Richard Kahler represents some of the offenders who have asked to have their reclassification reviewed by the Seneca County Common Pleas court.

He said the challenges to the law are to prevent a retroactive application of the law.

“In my view it constitutes an extra punishment. How long does a person brought to justice continue under the swinging sword,” Kahler said.

Egbert said this reclassification is allowed because the registration requirement is not considered a criminal penalty or punishment.

Kahler also said the law and its application apply unequally to various offenders.

“Not all committed equal crimes,” Kahler said.

He understands his clients need quick decisions to know what they need to do, but he plans on asking Judge Michael Kelbley to wait on ruling until the court can see what other judges are going to do. ..more.. by Melissa Topey