Portage man sues over sex offender registry Disagrees with changes to registration policy

1-3-2008 Ohio:

Although Ohio's new sex offender registration requirements took effect Monday, at least one Portage County offender is trying to block its implementation.

Portage County Common Pleas Judge Laurie Pittman on Monday granted a preliminary injunction barring county authorities from re-classifying Timothy R. Delagrange, 30, of 2647 Fairfax St., Streetsboro, as a Tier II offender under the new Adam Walsh Act until a full hearing can be held on Delagrange's behalf.

No date has been set yet for a full hearing, and until one is held Pittman ordered the new registration requirements not be applied to Delagrange.

Delagrange pleaded guilty in May 2005 to a fourth-degree felony charge of unlawful sexual conduct with a minor. At his sentencing hearing, he was labeled a sexually oriented offender under Ohio's previous sex offender classification system.

As a sexually oriented offender, Delagrange was required to verify his address annually with the sheriff's office and was required to do so for a period of 10 years.

The Adam Walsh Act, implemented by Ohio on Monday, changes how judges classify sex offenders and bases the classification on the crime the offender was convicted of rather than his or her likelihood to re-offend. Offenders are now classified in three tiers, with Tier I being the lowest classification and Tier III being the most serious.

In Delagrange's case, the Ohio sex offender database has him listed as a Tier II offender. That means he would have to register his address for a period of 25 years and verify his address every 180 days rather than just once per year.

Portage County Prosecutor Victor Vigluicci said Wednesday Delagrange's case is the only one of its kind filed so far in Portage County.

The Cleveland Plain Dealer on Tuesday reported that similar cases have been filed in Cuyahoga, Summit and Franklin counties.

In October, the Ohio Public Defender's Office, the Ohio Justice & Policy Center, the ACLU of Ohio Foundation and the Equal Justice Foundation filed an action in the Ohio Supreme Court objecting to the retroactivity clause of the Adam Walsh Act, but the case was rejected Dec. 12 by the court (see court's reason). ..more.. by Marci Piltz, Record-Courier staff writer