This Chicago Criminal attorney has posted here, here, and here about sex offenders. Imagine her surprise when she arrived to see this headline on the front of the local paper:
From the Ohio Dispatcher:
Justices give 26,000 Ohio sex offenders a break
That’s certainly an attention getter isn’t it?
The Ohio Supreme Court struck down sections of a state sex-offender law yesterday, changing the requirements for thousands of offenders who must register with their county sheriff.
Officials said those requirements, for 26,000 sex offenders statewide, will revert to what they were before Jan. 1, 2008, when Ohio's law - enacted in response to the federal Adam Walsh Act - took effect.
In some cases, offenders will have to register less often and for fewer years, and some no longer will have to notify their neighbors and nearby schools that they are sex offenders.
County sheriffs and state officials were reviewing the ruling yesterday to determine its effects, but Attorney General Richard Cordray called it a "narrowly tailored decision."
"The broad provisions of Ohio's Adam Walsh Act remain in place," Cordray said in a statement, noting that sex offenders convicted on or after Jan. 1, 2008, are unaffected.
Before that date, Ohio followed Megan's Law, which had three classifications: sexually oriented offenders, habitual sexual offenders and sexual predators. The classifications were set after a court hearing, and offenders were required to register their addresses and other details annually with their county sheriffs.
After Congress passed the Adam Walsh Act in 2006, Ohio enacted legislation assigning one of three tiers to sex offenders based on their crimes. The new tiers generally required offenders to register more frequently and for more years.
One of the Huron County offenders in the court case decided yesterday, for example, had been reclassified from a "sexually oriented offender" having to register once a year for 10 years to a "Tier III" offender having to register every 90 days for life, as well as having the community notified about him.
In its 5-1 ruling, the Ohio Supreme Court said having the state reclassify sex offenders was unconstitutional because it overturned final trial court decisions and thus violated the separation-of-powers doctrine.
Yes, there should be tiers. Can we agree that the “flasher” is not the same as the adult in a position of trust who uses that trust to molest kids?