OH- Judge Rules Application Of Sex Offender Law Unconstitutional

8-18-2008 Ohio:

MANSFIELD, Ohio — A court ruling rendered earlier this week by a Richland County judge could affect classifications of convicted sexual offenders across the state.

Thousands of convicted sex offender in the state of Ohio call Senate Bill 10, or the Adam Walsh Act, a violation of their rights. Offenders claim the law is a second punishment for their crimes.

For the past eight years, Will Sigler was considered the least dangerous type of sexual offender. Then with one letter from the state, he was reclassified as a tier 3 offender, the most dangerous offender classified under the Adam Walsh Act, 10TV's Andy Hirsch reported.

The law required Sigler to register his home, work and school addresses every 90 days for the rest of his life. He was also subject to notifying neighbors that he lived in the area.

"Just simply despair," Sigler said. "I felt all hope was lost.

The fact that they can do that to people that, nearly a decade ago were sentenced for their crimes is beyond me."

On Monday, a Richland County judge ruled the application of the law unconstitutional. According to the judge, the bill was retroactive punishment that broke the plea agreement Sigler made eight years ago at the time of his conviction.

Resident Mike Valentine said the law should be about protecting families, and the state Attorney General's Office has agreed.

"They've committed the crime," Valentine said. "I've got kids, so I'd want to know, living in my area, who is a sex offender and who isn't."

-Notice the misconstruction, Senate bill 10 is not about "notifying the public" its about "arbitrarily changing the prior offender's record." Notifying the public is secondary to making the change which is the point in contention. AFTER the change is made, then the offender is subjected to additional burdens which is why it is "further punishment" and a violation of the ex post facto clauses.

In similar cases, the state has argued that the bill is not retroactive punishment, claiming it is meant to "inform the public for its own safety, not to humiliate the offender."

Sigler disagreed.

"To actually live it, it's just as harsh a punishment as being in prison," Sigler said.

The Attorney General's Office said it was considering appealing the Richland County decision. A spokesperson also pointed out that numerous courts around the state have ruled that Senate Bill 10 is constitutional, Hirsch reported.

The issue will likely move to the Ohio Supreme Court. ..New Source.. by 10TV News