http://www.ohiochannel.org/MediaLibrary/Media.aspx?fileId=146024
Click the link to listen to the oral arguments for Blankenship v. Ohio.
Are Mandatory Sex-Offender Classifications Unconstitutional in Certain Cases?
Travis Blankenship v. State of Ohio, Case No. 2014-0363
Thursday, March 26, 2015
Monday, March 9, 2015
Ohio Supreme Court to hear case of Adam Walsh Act classification
The logic of the Ohio prosecutors should be appalling to any reasonable person in this state. They aren't interested in justice, but in ruining lives. Hopefully now that the Ohio Supreme Court ruled that the AWA is punishment, they'll take it a step further and admit the law is CRUEL AND UNUSUAL punishment.
http://www.dispatch.com/content/stories/local/2015/03/09/man-fights-designation-as-a-sexual-offender.html
Man fights designation as a sexual offender
By Randy Ludlow
The Columbus Dispatch • Monday March 9, 2015 6:07 AM
Travis Blankenship is marked with what one judge describes as an undeserved “scarlet letter” — that of a sex offender.
Blankenship was 21, working part time at a department store and a few hours away from receiving his associate’s degree at Clark State Community College in Springfield when he had an affair with a 15-year-old girl.
But the illicit relationship did not remain secret, and he was arrested. A psychologist found he was not a sex offender, did not require treatment and was unlikely to commit another offense.
A judge likewise did not consider Blankenship much of a threat, sentencing him in 2012 to serve 12 days of a six-month sentence for unlawful sexual conduct with a minor, a fourth-degree felony.
But, under Ohio’s Adam Walsh Act, Blankenship automatically was declared a Tier II sex offender, requiring him to register his address, employment and other information with the sheriff for the next 25 years.
His public defender will argue before the Ohio Supreme Court on Tuesday that mandatory sex-offender registration constitutes cruel and unusual punishment when it is “grossly disproportionate” to the offender’s character and crime.
Ohio prosecutors, including Franklin County’s Ron O’Brien, counter that sex-offender registration justifiably protects the public and is “not shocking to any reasonable person in this state.”
Blankenship is appealing a 2-1 decision by the Second District Ohio Court of Appeals that upheld his classification as a sex offender, which before 2007 required a hearing and allowed judges to make the call.
Judge Mary Donovan was the dissenter, writing, “He was punished with a scarlet letter of 25 years duration ... grossly disproportionate to the crime committed.
“This classification carries significant restraints on Blankenship’s liberty and a social stigma that interferes with employability, travel and housing.”
Clark County Prosecutor D. Andrew Wilson counters that Blankenship’s conduct was “typical of grooming behavior by sexual predators.”
“Blankenship engaged in sexual intercourse with a young and impressionable 15-year-old girl when he was an adult. This is a clear violation of the law,” his office argues.
“Registration is by no means shocking. Rather it is a consolation and comfort to the families and victims of sexual offenses.”
O’Brien filed a friend-of-the-court brief, saying automatic sex-offender classification and registration is legal. The U.S. Supreme Court has ruled that offender registration does not constitute punishment, he said.
“If it’s not punishment, it can’t be cruel and unusual,” O’Brien said.
However, Katherine Ross-Kinzie, the assistant state public defender representing Blankenship, said the Ohio Supreme Court has ruled that the state’s offender-classification scheme is punitive in nature.
“Decades of sex-offender registration requirements, restrictions, and consequences constitute cruel and unusual punishment for people like Travis,” she said.
In another case, the high court will hear arguments on Wednesday in the case of Dale Johnston, a Grove City man who spent seven years on Death Row after he was wrongly convicted of the 1982 murders of his stepdaughter and her fiance.
He is asking the justices to reverse a Franklin County Court of Appeals ruling that threw out a trial judge’s finding that he was illegally detained for the dismemberment slayings in Hocking County. Such a finding is required to allow Johnston to seek damages for wrongful imprisonment from the state.
http://www.dispatch.com/content/stories/local/2015/03/09/man-fights-designation-as-a-sexual-offender.html
Man fights designation as a sexual offender
By Randy Ludlow
The Columbus Dispatch • Monday March 9, 2015 6:07 AM
Travis Blankenship is marked with what one judge describes as an undeserved “scarlet letter” — that of a sex offender.
Blankenship was 21, working part time at a department store and a few hours away from receiving his associate’s degree at Clark State Community College in Springfield when he had an affair with a 15-year-old girl.
But the illicit relationship did not remain secret, and he was arrested. A psychologist found he was not a sex offender, did not require treatment and was unlikely to commit another offense.
A judge likewise did not consider Blankenship much of a threat, sentencing him in 2012 to serve 12 days of a six-month sentence for unlawful sexual conduct with a minor, a fourth-degree felony.
But, under Ohio’s Adam Walsh Act, Blankenship automatically was declared a Tier II sex offender, requiring him to register his address, employment and other information with the sheriff for the next 25 years.
His public defender will argue before the Ohio Supreme Court on Tuesday that mandatory sex-offender registration constitutes cruel and unusual punishment when it is “grossly disproportionate” to the offender’s character and crime.
Ohio prosecutors, including Franklin County’s Ron O’Brien, counter that sex-offender registration justifiably protects the public and is “not shocking to any reasonable person in this state.”
Blankenship is appealing a 2-1 decision by the Second District Ohio Court of Appeals that upheld his classification as a sex offender, which before 2007 required a hearing and allowed judges to make the call.
Judge Mary Donovan was the dissenter, writing, “He was punished with a scarlet letter of 25 years duration ... grossly disproportionate to the crime committed.
“This classification carries significant restraints on Blankenship’s liberty and a social stigma that interferes with employability, travel and housing.”
Clark County Prosecutor D. Andrew Wilson counters that Blankenship’s conduct was “typical of grooming behavior by sexual predators.”
“Blankenship engaged in sexual intercourse with a young and impressionable 15-year-old girl when he was an adult. This is a clear violation of the law,” his office argues.
“Registration is by no means shocking. Rather it is a consolation and comfort to the families and victims of sexual offenses.”
O’Brien filed a friend-of-the-court brief, saying automatic sex-offender classification and registration is legal. The U.S. Supreme Court has ruled that offender registration does not constitute punishment, he said.
“If it’s not punishment, it can’t be cruel and unusual,” O’Brien said.
However, Katherine Ross-Kinzie, the assistant state public defender representing Blankenship, said the Ohio Supreme Court has ruled that the state’s offender-classification scheme is punitive in nature.
“Decades of sex-offender registration requirements, restrictions, and consequences constitute cruel and unusual punishment for people like Travis,” she said.
In another case, the high court will hear arguments on Wednesday in the case of Dale Johnston, a Grove City man who spent seven years on Death Row after he was wrongly convicted of the 1982 murders of his stepdaughter and her fiance.
He is asking the justices to reverse a Franklin County Court of Appeals ruling that threw out a trial judge’s finding that he was illegally detained for the dismemberment slayings in Hocking County. Such a finding is required to allow Johnston to seek damages for wrongful imprisonment from the state.
Wednesday, February 11, 2015
Ohio Supreme Court rules GSI mandatory sentences in certain cases unconstitutional
Mandatory sentencing guidelines are total garbage, so this is good news.
http://www.dispatch.com/content/stories/local/2015/02/11/supreme-court-sentencing-ruling.html
Differing sentences for child sex offenders unconstitutional, court rules
By Randy Ludlow
The Columbus Dispatch • Wednesday February 11, 2015 10:49 AM
Part of Ohio’s gross sexual imposition law is unconstitutional in requiring a mandatory prison sentence for offenders when evidence consists of more than a child’s testimony, the Ohio Supreme Court ruled today.
Under the scheme the court overturned by a 6-1 vote, sex offenders must be sent to prison for five years if there is evidence — such as DNA, other witnesses or a confession — beyond the victim’s statements.
When a gross sexual imposition conviction is based solely on the testimony of a child under the age of 13, a prison sentence is not mandatory.
There is “no rational basis” for the differing sentences the court ruled, finding that the law unconstitutionally deprives defendants of due process and, when guilty pleas are involved, their right to a jury trial.
The ruling came in the case of a Columbus man who was convicted in 2012 after pleading guilty to two counts of gross sexual imposition for molesting a 10-year-old girl.
Franklin County Common Pleas Court Judge Charles Schneider declined to sentence Damon Bevly, now 37, to five years in prison despite other evidence consisting of his confession. The judge imposed a three-year sentence.
The Franklin County Court of Appeals overturned Schneider’s ruling after Prosecutor Ron O'Brien appealed, prompting Bevly to turn to the high court. He is scheduled to freed from prison on April 21.
The gross sexual imposition law “is unique in Ohio felony sentencing law in that it enhances the sentence imposed on the offender based on the quantity of evidence presented to prove guilt,” wrote Justice Judith Ann Lanzinger.
“But the quantity of evidence or the number of witnesses used to establish guilt is irrelevant to the imposition of punishment,” she wrote in the majority opinion.
The mandatory sentence also would have required a jury to make a finding of collaborating evidence, thus depriving those who plead guilty of jury trials, she wrote.
Justice Judith L. French dissented, saying separate sentences based on the amount of evidence are not illegal and that the court majority improperly substituted its “policy” judgment for that of the General Assembly.
http://www.dispatch.com/content/stories/local/2015/02/11/supreme-court-sentencing-ruling.html
Differing sentences for child sex offenders unconstitutional, court rules
By Randy Ludlow
The Columbus Dispatch • Wednesday February 11, 2015 10:49 AM
Part of Ohio’s gross sexual imposition law is unconstitutional in requiring a mandatory prison sentence for offenders when evidence consists of more than a child’s testimony, the Ohio Supreme Court ruled today.
Under the scheme the court overturned by a 6-1 vote, sex offenders must be sent to prison for five years if there is evidence — such as DNA, other witnesses or a confession — beyond the victim’s statements.
When a gross sexual imposition conviction is based solely on the testimony of a child under the age of 13, a prison sentence is not mandatory.
There is “no rational basis” for the differing sentences the court ruled, finding that the law unconstitutionally deprives defendants of due process and, when guilty pleas are involved, their right to a jury trial.
The ruling came in the case of a Columbus man who was convicted in 2012 after pleading guilty to two counts of gross sexual imposition for molesting a 10-year-old girl.
Franklin County Common Pleas Court Judge Charles Schneider declined to sentence Damon Bevly, now 37, to five years in prison despite other evidence consisting of his confession. The judge imposed a three-year sentence.
The Franklin County Court of Appeals overturned Schneider’s ruling after Prosecutor Ron O'Brien appealed, prompting Bevly to turn to the high court. He is scheduled to freed from prison on April 21.
The gross sexual imposition law “is unique in Ohio felony sentencing law in that it enhances the sentence imposed on the offender based on the quantity of evidence presented to prove guilt,” wrote Justice Judith Ann Lanzinger.
“But the quantity of evidence or the number of witnesses used to establish guilt is irrelevant to the imposition of punishment,” she wrote in the majority opinion.
The mandatory sentence also would have required a jury to make a finding of collaborating evidence, thus depriving those who plead guilty of jury trials, she wrote.
Justice Judith L. French dissented, saying separate sentences based on the amount of evidence are not illegal and that the court majority improperly substituted its “policy” judgment for that of the General Assembly.
Tuesday, January 20, 2015
Did the Montgomery County Sheriff's Office interfere with fulfilling the dream of a dying vet?
A few days ago, I posted about the Dream Foundation's revocation of a dream trip for a dying vet after it was discovered the man was a Registered Person. Now, after a number of activists contacted the media and the Dream Foundation, it is highly likely the people most responsible for sounding the alarm were members of the Montgomery County Sheriff's Office.
Below is a press release from the National RSOL group.
RSOL, Inc. | Cambridge, Massachusetts
Contacts: FOR IMMEDIATE RELEASE
National RSOL | 888.997.7765 xt. 1
communications@nationalrsol.org
Ohio RSOL | ohiorsol@yahoo.com
Montgomery County Sheriff Office Conspires Against Veteran
Dying man suffers public humiliation as direct consequence of
overzealous operative determined to prevent his final wishes
January 20, 2015—Dayton, Ohio—Military veteran Greg Poston and his brother are dying of cancer. Their physician, Dr. Emily Vannorsdall, contacted the Dream Foundation about their dying wish, to see the Grand Canyon. At first the foundation was on board, and, with the help of the Veterans Service Commission, offered the trip to the brothers and their siblings.
The Dream Foundation is an organization headquartered in Santa Barbara, California, that grants dreams to adults with life-threatening diseases.
It was originally reported that after announcing the gift, the Dream Foundation received numerous phone calls from angry citizens informing them of Greg’s status as a registered sex offender. The Dream Foundation subsequently announced that it had withdrawn the gift to Greg, stating, " ‘After speaking with members of this individual's community, and consulting with our legal counsel and board of directors, Dream Foundation does not believe it is appropriate to proceed in the fulfillment of this individual's dream.’ ”
However, sources close to Montgomery County Sheriff Phil Plummer have confirmed that his office was chiefly responsible for leaking Greg's status to Channel 22 WKEF, the local ABC affiliate in Dayton, and conspiring to puff Greg's registration as a legitimate reason to deny him the trip.
RSOL, Inc. demands to know who contacted WKEF and why. “I am outraged about all of this. The fact that the Dream Foundation first gave a gift to a dying veteran, then snatched it away, is bad enough,” said Brenda Jones, Executive Director of RSOL, Inc.
“But the very idea that the sheriff's office, in collusion with Channel 22, may be behind the effort to gin up the public's obvious indignation is too much to swallow. When is enough, enough? Greg Poston had been tried, convicted, and punished for his crime. Justice was served. What's the point in humiliating a dying man?
“At this point, for Greg, there is not even the pretense of justice but only that of revenge, and it is an outrage that his last dream was held out to him and then snatched away due to the hatred and unforgiving heart of someone who is sworn to protect the public trust.”
Both National and Ohio RSOL had initially written the Dream Foundation to protest its decision. RSOL, Inc. is a national organization that advocates for and encourages the successful rehabilitation and reintegration of former sex offenders into a law-abiding society.
“We strongly object to continued consequences that amount to additional punishment after a registered citizen has satisfied his term of court-ordered punishment,” said D. Madison, head of the Ohio affiliate. “We have lived for years now with the absurd consequences of basing legislation and policy on emotions and victim-driven reactions rather than facts and evidence, and studies show these consequences to be ineffective—indeed, often harmful—in improving public safety.”
Founded in 2007, RSOL, Inc. (www.reformsexoffenderlaws.org) is a national organization dedicated to enacting effective, fact-based sexual offense laws and policies which promote public safety, safeguard civil liberties, honor human dignity, and offer holistic prevention, healing, and restoration.
Saturday, January 17, 2015
Dream trip revoked for sex offender with cancer
If this story makes you angry like it made me, feel free to contact the Dream Foundation here:
http://www.dreamfoundation.org/
This story makes me glad I'm not a vet.
http://www.daytondailynews.com/news/news/crime-law/dream-trip-revoked-for-sex-offender-with-cancer/njqHm/
Dream trip revoked for sex offender with cancer
By Katherine Wright
Staff Writer
A dream trip to the Grand Canyon has been revoked for a local terminally ill veteran after the dream-granting organization discovered that he was a convicted sex offender.
Greg Poston, 62, of Dayton, received a free vacation from the Dream Foundation, a national wish-granting organization for adults with life-threatening illnesses. Greg Poston and his brother, Roger, have terminal cancer. Their three siblings were to accompany them on the trip.
The foundation decided to revoke Greg Poston’s trip. Greg Poston was convicted of two counts of gross sexual imposition in Moraine in 2007, according to court records.
“After we announced the trip, we received a series of phone calls from the Dayton community to ask us if we were aware that this person” was a sex offender, said Tristan Layton of the Dream Foundation. “We were not. It was a very, very difficult decision to make. But we listened to the feedback and respected the families of these victims, and we made the decision to revoke Gregory’s trip.”
The organization serves 2500 dreams a year from its small Santa Barbara, Calif., office. This is the first time something like this has happened in 20 years, Layton said.
Greg Poston’s brother, Roger, and the rest of the family can still take the trip, he said.
“We hope that the rest of the family take the trip. That is up to them,” he said.
The Montgomery County Veterans Service Commission, which had partnered with the Dream Foundation to deliver the trip packet to the Postons, had nothing to do with the decision, said Montgomery County spokeswoman Cathy Petersen.
http://www.dreamfoundation.org/
This story makes me glad I'm not a vet.
http://www.daytondailynews.com/news/news/crime-law/dream-trip-revoked-for-sex-offender-with-cancer/njqHm/
Dream trip revoked for sex offender with cancer
By Katherine Wright
Staff Writer
A dream trip to the Grand Canyon has been revoked for a local terminally ill veteran after the dream-granting organization discovered that he was a convicted sex offender.
Greg Poston, 62, of Dayton, received a free vacation from the Dream Foundation, a national wish-granting organization for adults with life-threatening illnesses. Greg Poston and his brother, Roger, have terminal cancer. Their three siblings were to accompany them on the trip.
The foundation decided to revoke Greg Poston’s trip. Greg Poston was convicted of two counts of gross sexual imposition in Moraine in 2007, according to court records.
“After we announced the trip, we received a series of phone calls from the Dayton community to ask us if we were aware that this person” was a sex offender, said Tristan Layton of the Dream Foundation. “We were not. It was a very, very difficult decision to make. But we listened to the feedback and respected the families of these victims, and we made the decision to revoke Gregory’s trip.”
The organization serves 2500 dreams a year from its small Santa Barbara, Calif., office. This is the first time something like this has happened in 20 years, Layton said.
Greg Poston’s brother, Roger, and the rest of the family can still take the trip, he said.
“We hope that the rest of the family take the trip. That is up to them,” he said.
The Montgomery County Veterans Service Commission, which had partnered with the Dream Foundation to deliver the trip packet to the Postons, had nothing to do with the decision, said Montgomery County spokeswoman Cathy Petersen.
Thursday, December 18, 2014
Mansfield local facility to house homeless sex offenders
This is good news for registrants from Mansfield.
http://www.mansfieldnewsjournal.com/story/news/local/2014/12/17/local-facility-house-homeless-sex-offenders/20564475/
Local facility to house homeless sex offenders
Mark Caudill 8:06 p.m. EST December 17, 2014
MANSFIELD – The Richland County Community Corrections Board approved a change Wednesday to admit some homeless county sex offenders to a local facility.
Nothing Into Something Real Estate is a faith-based nonprofit agency with headquarters in Columbus. Representatives from the group proposed two changes at Wednesday’s meeting.
One change would expand the eligibility for the exit program, now located on East Cook Road, to admit some homeless Richland County sex offenders who committed their crimes locally.
Target populations include homeless sex offenders convicted of failure to register and those who have completed Volunteers of America sex offender treatment.
No sex offenders will be accepted from other counties. The program will provide housing and monitoring, with treatment to be referred to existing local agencies.
The measure passed unanimously.
“It’s hard to keep track of a guy who has no residence,” Common Pleas Judge Brent Robinson said.
Robinson said Judge James DeWeese, who was ill Wednesday, drafted the language.
http://www.mansfieldnewsjournal.com/story/news/local/2014/12/17/local-facility-house-homeless-sex-offenders/20564475/
Local facility to house homeless sex offenders
Mark Caudill 8:06 p.m. EST December 17, 2014
MANSFIELD – The Richland County Community Corrections Board approved a change Wednesday to admit some homeless county sex offenders to a local facility.
Nothing Into Something Real Estate is a faith-based nonprofit agency with headquarters in Columbus. Representatives from the group proposed two changes at Wednesday’s meeting.
One change would expand the eligibility for the exit program, now located on East Cook Road, to admit some homeless Richland County sex offenders who committed their crimes locally.
Target populations include homeless sex offenders convicted of failure to register and those who have completed Volunteers of America sex offender treatment.
No sex offenders will be accepted from other counties. The program will provide housing and monitoring, with treatment to be referred to existing local agencies.
The measure passed unanimously.
“It’s hard to keep track of a guy who has no residence,” Common Pleas Judge Brent Robinson said.
Robinson said Judge James DeWeese, who was ill Wednesday, drafted the language.
Monday, December 8, 2014
Man accused of Ohio jail attack on sex offense suspect who later died gets 5 years in prison
I don't feel five years was enough for killing a man and trying to cover up his involvement.
http://www.newser.com/article/b89c1dbb196942148cf5e1b28fde5c21/man-accused-of-ohio-jail-attack-on-child-rape-suspect-who-later-died-gets-5-years-in-prison.html
Man accused of Ohio jail attack on child rape suspect who later died gets 5 years in prison
Ohioan gets 5 years for child rape suspect's death
By ANDREW WELSH-HUGGINS | ASSOCIATED PRESS | Nov 12, 2014 4:55 PM CST
URBANA, Ohio (AP) — A judge on Wednesday handed down a five-year prison term to an Ohio man for the jailhouse beating of a child-rape suspect who later died, rejecting the suspect's allegations that other inmates also attacked the victim.
Defendant Zachary Butler also was fined $1,500 and ordered to serve three years' probation after prison.
A report by the Champaign County Sheriff's Office says inmate David Piersol was beaten on April 5 at Tri-County Regional Jail in Mechanicsburg and died a few days later. Piersol, of Marysville, was in jail after being charged with allegedly raping a young girl.
Butler, 24, of Richwood, pleaded guilty last month to one count of reckless homicide and one count of tampering with evidence.
The tampering charge involves an accusation that Butler traded blood-stained pants with another inmate, said Champaign County prosecutor Kevin Talebi.
Champaign County Judge Nick Selvaggio said Butler had shown remorse and was one of the few offenders he'd ever seen directly address a victim's family when apologizing.
Selvaggio said Butler also acted at the urging of other inmates, who were verbally assaulting Piersol because of the nature of the crime, according to testimony Wednesday.
But Selvaggio said he couldn't overlook the seriousness of Butler's assault on Piersol, the fact it happened in a jail and the fact that Butler didn't seek help for the victim afterward.
"What's clear is this defendant is the one who caused the death," Selvaggio said.
Butler took responsibility for the assault and apologized to Piersol's family. He said other inmates told him he had to attack Piersol as a new inmate in the jail, where Butler had been placed on unrelated charges.
"I made bad decisions," Butler said. "I knew what I was doing."
Piersol's sister, Gery Martin, told the judge her brother's death was a huge loss for the family, and she told Butler directly: "Our family is holding you accountable."
http://www.newser.com/article/b89c1dbb196942148cf5e1b28fde5c21/man-accused-of-ohio-jail-attack-on-child-rape-suspect-who-later-died-gets-5-years-in-prison.html
Man accused of Ohio jail attack on child rape suspect who later died gets 5 years in prison
Ohioan gets 5 years for child rape suspect's death
By ANDREW WELSH-HUGGINS | ASSOCIATED PRESS | Nov 12, 2014 4:55 PM CST
URBANA, Ohio (AP) — A judge on Wednesday handed down a five-year prison term to an Ohio man for the jailhouse beating of a child-rape suspect who later died, rejecting the suspect's allegations that other inmates also attacked the victim.
Defendant Zachary Butler also was fined $1,500 and ordered to serve three years' probation after prison.
A report by the Champaign County Sheriff's Office says inmate David Piersol was beaten on April 5 at Tri-County Regional Jail in Mechanicsburg and died a few days later. Piersol, of Marysville, was in jail after being charged with allegedly raping a young girl.
Butler, 24, of Richwood, pleaded guilty last month to one count of reckless homicide and one count of tampering with evidence.
The tampering charge involves an accusation that Butler traded blood-stained pants with another inmate, said Champaign County prosecutor Kevin Talebi.
Champaign County Judge Nick Selvaggio said Butler had shown remorse and was one of the few offenders he'd ever seen directly address a victim's family when apologizing.
Selvaggio said Butler also acted at the urging of other inmates, who were verbally assaulting Piersol because of the nature of the crime, according to testimony Wednesday.
But Selvaggio said he couldn't overlook the seriousness of Butler's assault on Piersol, the fact it happened in a jail and the fact that Butler didn't seek help for the victim afterward.
"What's clear is this defendant is the one who caused the death," Selvaggio said.
Butler took responsibility for the assault and apologized to Piersol's family. He said other inmates told him he had to attack Piersol as a new inmate in the jail, where Butler had been placed on unrelated charges.
"I made bad decisions," Butler said. "I knew what I was doing."
Piersol's sister, Gery Martin, told the judge her brother's death was a huge loss for the family, and she told Butler directly: "Our family is holding you accountable."
Wednesday, December 3, 2014
BILL WOULD ADD PUBLIC INDECENCY TO SEX OFFENDER LIST
Looks like Ohio is trying to find a way to squeeze a few more faces onto the public registry. Ohio wants to join the dozen or so states that could place you on the registry for urinating in public or getting too hot and steamy in public places.
For the text of SB 358: http://www.legislature.state.oh.us/bills.cfm?ID=130_SB_358
Here is a brief news article on the subject.
http://www.thegatewaynews.com/latest%20headlines/2014/12/02/bill-would-add-public-indecency-to-sex-offender-list
BILL WOULD ADD PUBLIC INDECENCY TO SEX OFFENDER LIST
Published: December 2, 2014 11:03PM
Columbus -- Individuals who expose their private parts or engage in sexual conduct in public in view of children could end up on the state's sex offender registry, under legislation being considered in the Ohio Senate.
SB 358 seeks to prohibit such behavior if it's "likely to be viewed by and affront minors" and would increase criminal penalties against perpetrators, according to an analysis by the state's Legislative Service Commission.
The bill had a first hearing Nov. 25 before the Ohio Senate's Criminal Justice Committee.
-- Marc Kovac, Capital Bureau
For the text of SB 358: http://www.legislature.state.oh.us/bills.cfm?ID=130_SB_358
Here is a brief news article on the subject.
http://www.thegatewaynews.com/latest%20headlines/2014/12/02/bill-would-add-public-indecency-to-sex-offender-list
BILL WOULD ADD PUBLIC INDECENCY TO SEX OFFENDER LIST
Published: December 2, 2014 11:03PM
Columbus -- Individuals who expose their private parts or engage in sexual conduct in public in view of children could end up on the state's sex offender registry, under legislation being considered in the Ohio Senate.
SB 358 seeks to prohibit such behavior if it's "likely to be viewed by and affront minors" and would increase criminal penalties against perpetrators, according to an analysis by the state's Legislative Service Commission.
The bill had a first hearing Nov. 25 before the Ohio Senate's Criminal Justice Committee.
-- Marc Kovac, Capital Bureau
Monday, November 10, 2014
Notification sought for sex offenders entering developmental disabilities homes
This looks like another bad bill similar to the nursing home bill that recently passed.
http://www.akronlegalnews.com/editorial/11560
Notification sought for sex offenders entering developmental disabilities homes
TIFFANY L. PARKS
Special to the Legal News
Published: November 10, 2014
Rep. Anthony DeVitis has introduced a bill into the Ohio General Assembly that would outline protocol regarding the admission of sex offenders to residential facilities owned by county boards of developmental disabilities.
“Before an individual is admitted as a resident to a residential facility owned by a county board of developmental disabilities, the residential facility will have to research the Internet database to identify if the individual is a sex offender,” said DeVitis, R-Uniontown.
“If the individual is identified as a sex offender, the local law enforcement agencies and the leaders of the community will be notified of their possible admission.”
House Bill 621 states that officials from the residential facility would contact community leaders who they have “reason to believe would help disseminate to other members of the community the information about the individual’s possible admission.”
HB 621 states that each residential facility shall develop a protocol for establishing and implementing all of the following plans when the facility admits as a resident an individual who is identified as a sex offender: a resident supervision plan that provides for the residential facility to identify and provide the proper amount of supervision the individual needs at the residential facility; a medical emergency plan for the individual and other residents of the facility; and a community engagement plan that includes methods for members of the community being able to express concerns about the residential facility’s operation and for the residential facility to address any concerns.
Subject to the redaction of all medical information, the measure also calls for a residential facility to provide copies of the proposed plans to local law enforcement agencies and community leaders who have been provided notice about the sex offender.
“This legislation will better serve the individual and the community to determine the supervision level for the individual’s treatment or progress,” DeVitis said.
HB 621 is co-sponsored by Reps. Peter Beck and John Becker. The bill is awaiting a committee assignment.
Copyright © 2014 The Daily Reporter - All Rights Reserved
http://www.akronlegalnews.com/editorial/11560
Notification sought for sex offenders entering developmental disabilities homes
TIFFANY L. PARKS
Special to the Legal News
Published: November 10, 2014
Rep. Anthony DeVitis has introduced a bill into the Ohio General Assembly that would outline protocol regarding the admission of sex offenders to residential facilities owned by county boards of developmental disabilities.
“Before an individual is admitted as a resident to a residential facility owned by a county board of developmental disabilities, the residential facility will have to research the Internet database to identify if the individual is a sex offender,” said DeVitis, R-Uniontown.
“If the individual is identified as a sex offender, the local law enforcement agencies and the leaders of the community will be notified of their possible admission.”
House Bill 621 states that officials from the residential facility would contact community leaders who they have “reason to believe would help disseminate to other members of the community the information about the individual’s possible admission.”
HB 621 states that each residential facility shall develop a protocol for establishing and implementing all of the following plans when the facility admits as a resident an individual who is identified as a sex offender: a resident supervision plan that provides for the residential facility to identify and provide the proper amount of supervision the individual needs at the residential facility; a medical emergency plan for the individual and other residents of the facility; and a community engagement plan that includes methods for members of the community being able to express concerns about the residential facility’s operation and for the residential facility to address any concerns.
Subject to the redaction of all medical information, the measure also calls for a residential facility to provide copies of the proposed plans to local law enforcement agencies and community leaders who have been provided notice about the sex offender.
“This legislation will better serve the individual and the community to determine the supervision level for the individual’s treatment or progress,” DeVitis said.
HB 621 is co-sponsored by Reps. Peter Beck and John Becker. The bill is awaiting a committee assignment.
Copyright © 2014 The Daily Reporter - All Rights Reserved
 |
| Rep. DeVitis in front of his family business. If you live in Akron, don't patronize this place. |
Monday, November 3, 2014
10 Investigates: "Legal Loophole" Allows SOs To Avoid Time Behind Bars
I am merely posting this story because we can likely expect legislation to be hastily passed to close this alleged "loophole." No doubt, if DeSwine gets elected, we can expect this to become his pet project.
http://www.10tv.com/content/stories/2014/10/30/10-investigates-sex-offenders-importuning-loophole.html
By Nathan Baca
Thursday October 30, 2014 3:08 PM
UPDATED: Friday October 31, 2014 7:13 AM
274 111 Google +0 478
COLUMBUS, Ohio - The crime of importuning is an undercover world, where adults try to meet kids - often online - for sex.
But some of those caught can avoid being listed on the sex offender registry that parents use to keep their families safe, 10 Investigates has found.
"There's no way for families to even know about this. You putting this out on the news is going to be the first families have probably heard of it," Sheriff Zach Scott said. “And they don't know. There's no way to get that information out."
In addition, a majority of sex offenders caught for importuning don’t serve time in prison, 10 Investigates found.
That's because prosecutors cut deals - and a majority of Franklin County judges are willing to accept those deals. Some say that catching an adult wanting to meet a child for sex in an undercover sting is a "victimless crime."
Columbus resident Rico Dawkins disagrees with the plea deals. He and his wife check the sex offender registry. They had no idea that such a criminal was living close by, until notified by 10 Investigates.
"I don't think that's right. I don't feel that's right. I've got two daughters and I'd go crazy if something happened to them,” Dawkins said.
10 Investigates analyzed court records of importuning charges from 2010 to mid-September. Records show that only 19 of the 93 people who have been charged with importuning and sentenced during that time were sentenced to prison. Of the others, 70 were given probation.
That's despite a law Ohio passed in 2008 with the intention to put nearly all people in prison caught trying to meet children for sex.
10 Investigates talked to three Common Pleas judges who all said the sentencing was proper. The law, they note, gives them discretion with many sex offenders.
In court, Franklin County Common Pleas Judge Richard S. Sheward said he is "bothered" by undercover detectives posing as teens in order to have sex with children, adding that he thinks the undercover stings lead to police "misrepresentation."
"Our prisons hold 36,000 people. Right now, we have about 52,000 in there. We can't send everybody to prison,” Sheward said in an interview.
Law enforcement doesn’t see it that way.
"I guess this judges' position is disappointing to the law enforcement community,” Scott said.
Scott leads the Franklin County Internet Crimes Against Children Task Force, a group of investigators made up of law enforcement from the Sheriff’s office, Columbus Police, six suburban police agencies, and state and federal officials.
They investigate sex offenders who are prosecuted. All those convicted of importuning are added to the state’s sex offender registry so families can be aware of sex offenders in their neighborhood.
10 Investigates found five criminals they investigated who were not on the registry: *********.
All five were charged with importuning for soliciting what they thought were teens for sex. But all five negotiated plea deals so they are not required to register as a sex offender.
The law says repeat sexual offenders automatically get prison time, but 10 Investigates found ***** who was charged with 5 counts of raping boys from 11 to 13 years old in 1991.
He did six years in prison, but was arrested again in 2012 after detectives snag him in a sting operation wanting to meet a child for sex.
***** avoids prison with another deal, 10 Investigates Nathan Baca talked with him at his home.
"I don't want to be involved in this. I think we're going to call it enough," ****** said.
"But you did do something online," Baca said.
"Yes,” he said.
After uncovering just how many sex criminals get deals, 10 Investigates brought the findings to two state senators. Now, there's an effort to close what they believe is a legal loophole.
"We've got to improve this law,” Sen. Tim Shaeffer said. “We've got to fix this loophole that apparently the judiciary is letting some folks through without any prison time."
Even first-time offenders should be in prison for this type of crime, Senator Jim Hughes said.
"We feel these people should be incarcerated to keep our children safe," Hughes added.
Watch 10TV on Monday for a follow up to the story on efforts to change the law and toughen the penalties.
http://www.10tv.com/content/stories/2014/10/30/10-investigates-sex-offenders-importuning-loophole.html
By Nathan Baca
Thursday October 30, 2014 3:08 PM
UPDATED: Friday October 31, 2014 7:13 AM
274 111 Google +0 478
COLUMBUS, Ohio - The crime of importuning is an undercover world, where adults try to meet kids - often online - for sex.
But some of those caught can avoid being listed on the sex offender registry that parents use to keep their families safe, 10 Investigates has found.
"There's no way for families to even know about this. You putting this out on the news is going to be the first families have probably heard of it," Sheriff Zach Scott said. “And they don't know. There's no way to get that information out."
In addition, a majority of sex offenders caught for importuning don’t serve time in prison, 10 Investigates found.
That's because prosecutors cut deals - and a majority of Franklin County judges are willing to accept those deals. Some say that catching an adult wanting to meet a child for sex in an undercover sting is a "victimless crime."
Columbus resident Rico Dawkins disagrees with the plea deals. He and his wife check the sex offender registry. They had no idea that such a criminal was living close by, until notified by 10 Investigates.
"I don't think that's right. I don't feel that's right. I've got two daughters and I'd go crazy if something happened to them,” Dawkins said.
10 Investigates analyzed court records of importuning charges from 2010 to mid-September. Records show that only 19 of the 93 people who have been charged with importuning and sentenced during that time were sentenced to prison. Of the others, 70 were given probation.
That's despite a law Ohio passed in 2008 with the intention to put nearly all people in prison caught trying to meet children for sex.
10 Investigates talked to three Common Pleas judges who all said the sentencing was proper. The law, they note, gives them discretion with many sex offenders.
In court, Franklin County Common Pleas Judge Richard S. Sheward said he is "bothered" by undercover detectives posing as teens in order to have sex with children, adding that he thinks the undercover stings lead to police "misrepresentation."
"Our prisons hold 36,000 people. Right now, we have about 52,000 in there. We can't send everybody to prison,” Sheward said in an interview.
Law enforcement doesn’t see it that way.
"I guess this judges' position is disappointing to the law enforcement community,” Scott said.
Scott leads the Franklin County Internet Crimes Against Children Task Force, a group of investigators made up of law enforcement from the Sheriff’s office, Columbus Police, six suburban police agencies, and state and federal officials.
They investigate sex offenders who are prosecuted. All those convicted of importuning are added to the state’s sex offender registry so families can be aware of sex offenders in their neighborhood.
10 Investigates found five criminals they investigated who were not on the registry: *********.
All five were charged with importuning for soliciting what they thought were teens for sex. But all five negotiated plea deals so they are not required to register as a sex offender.
The law says repeat sexual offenders automatically get prison time, but 10 Investigates found ***** who was charged with 5 counts of raping boys from 11 to 13 years old in 1991.
He did six years in prison, but was arrested again in 2012 after detectives snag him in a sting operation wanting to meet a child for sex.
***** avoids prison with another deal, 10 Investigates Nathan Baca talked with him at his home.
"I don't want to be involved in this. I think we're going to call it enough," ****** said.
"But you did do something online," Baca said.
"Yes,” he said.
After uncovering just how many sex criminals get deals, 10 Investigates brought the findings to two state senators. Now, there's an effort to close what they believe is a legal loophole.
"We've got to improve this law,” Sen. Tim Shaeffer said. “We've got to fix this loophole that apparently the judiciary is letting some folks through without any prison time."
Even first-time offenders should be in prison for this type of crime, Senator Jim Hughes said.
"We feel these people should be incarcerated to keep our children safe," Hughes added.
Watch 10TV on Monday for a follow up to the story on efforts to change the law and toughen the penalties.
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