OH- Judge rules on sex offender cases

11-3-2009 Ohio:

LISBON - A local judge upheld the state's reclassification of 28 sex offenders to more stringent reporting requirements, but ruled the change for one offender was a mistake.

Judge C. Ashley Pike of Columbiana County Common Pleas Court reclassified Eugene Mathias Smith, 49, of East Liverpool as a Tier II offender instead of Tier III, which is the designation the state gave him after a new federal law increased reporting requirements for sex offenders last year.

Smith pleaded guilty to attempted corruption of a minor in November 1997 and was designated a sex offender required to report his address to the Sheriff's Office for 10 years. The registration requirement was set to end in April 2008 when Smith received notification from the state that he was now a Tier III, meaning he had to register every 90 days for the rest of his life.

He and a lot of other registered sex offenders filed lawsuits in early 2008 to challenge the constitutionality of the state's action and to petition the court for a reduction in the requirements.

The federal law increased reporting requirements for sex offenders, extending the reporting time, and placing more offenses under the reporting requirements. The law also changed the classification for some defendants who had already been sentenced, requiring them to do more or report for a longer period of time.

Both Pike and Common Pleas Court Judge David Tobin denied the constitutional issues raised, based on a similar stance by appellate courts, but they've been making decisions on challenges to the new classifications in the individual cases.

Even with Pike changing Smith's reporting requirements, he'll still end up reporting for a longer period of time. Tier II requires the offender to register every 180 days for 25 years. The reporting requirements are retroactive to when he first registered, meaning he'll still have at least 14 years to go. ..Source.. by MARY ANN GREIER