Ohio Supreme Court says state may not reclassify convicted sex offenders

6-3-2010 Ohio:

The Ohio Supreme Court today struck down a provision of the state's 2007 sex-offender law, saying it is unconstitutional for the state to reclassify sexual offenders convicted under a previous law.

The ruling means additional reporting requirements imposed on thousands of Ohioans are rescinded and return to what the requirements were before the law, known as the Adam Walsh Act, was passed in 2007.

Attorney General Richard Cordray's office couldn't immediately say how many people would be affected by the ruling, but Jeffrey M. Gamso, a Toledo lawyer who argued the case, estimated it was about 28,000.

Gamso hailed the 6-1 ruling, which held that it was a violation of the separation-of-powers doctrine to allow the legislature and attorney general to take action to change past decisions of trial courts.

He argued that the courts previously had decided which sex offenders were most dangerous and required maximum scrutiny, and that adding additional requirements to others was unfair and a waste of resources.

"This ruling will allow law enforcement to focus its efforts on people who are dangerous," he said. "The truth is, we're going back to the restrictions we had before."

The state and other groups argued it was appropriate for the state to take action against the offenders.

Justice Robert R. Cupp dissented, and Justice Terrence O'Donnell concurred with the ruling and dissented in part. ..Source.. Mark Niquette, THE COLUMBUS DISPATCH