From the Statehouse 2007 No. 15
by Jennifer Garrison
Jul. 5, 2007
FROM THE STATEHOUSE – July 6, 2007
The last week of June found the Ohio House voting on a multitude of bills. Over the next few weeks I hope to communicate with you on each of these bills through my weekly article.
The federal Sex Offender Registration and Notification Act (SORNA) is part of the Adam Walsh Child Protection and Safety Act of 2006 and provides a new comprehensive set of minimum standards for sex offender registration and notification in the United States. Congress decided a nationwide network of sex offender notification and registration is more effective that the patchwork of standards that resulted among the different states. It is important to have effective arrangements for tracking sex offenders who live in Border States and for offenders who move between the states.
Every state is required to implement the Adam Walsh Act provisions by July, 2009 or their federal funds will be reduced. On the other hand, states enacting such provisions by July 27, 2007, will receive bonus federal funds. No states are now in compliance and Ohio would be among the first states seeking approval.
Senate Bill 10, is a major piece of legislation which will bring Ohio within substantial compliance of the Adam Walsh Act. Basically, Senate Bill 10 amends Ohio law so that minimum sentences are consistent with the minimum federal sentences for violent crimes against children.
First, Senate Bill 10, develops sex offense crime based classifications into Tier I, II, and III offenders consistent with federal tier system. This bill reclassifies current registrants. The bill requires community notification for all Tier III offenders.
Senate bill 10 requires the Attorney General’s office to re-classify all 17,000 + registered sex offenders who are not incarcerated and to send notice of the new classification and new duties to the offenders. The notice must inform offenders of their right to a hearing to challenge the classification. The bill also requires reclassifying all current incarcerated offenders and juveniles, giving them notice of their new classification.
The Attorney General must send all 88 county sheriffs a list of offender’s Tier classification and a list of the offenders residing in their individual county who have received a classification letter.
Additionally, the bill requires offenders or juveniles to register within 3 days of moving into a county and requires the offender or juvenile to immediately notify the county in which they work or attend school.
This bill is very complex. I voted “yes”. The bill passed. Governor Strickland signed this bill on June 30th.
The House also passed Substitute Senate bill 97, another piece of legislation required to implement the mandates of the Adam Walsh Act. The federal law requires states have penalties in effect for sex offenders who fail to register with a maximum penalty exceeding 1 year in prison. Substitute Senate bill 97 increases the penalty for failure to register to the same offense as the underlying sex offender felony offense for which the offender was convicted, if the offense was a 1st, 2nd, 3rd, or 4th degree felony. For an underlying 5th degree offense or a misdemeanor offense the penalty would be a 4th degree felony.
In the case of repeat failures to register, with the underlying sex offender offense being a 1st, 2nd or 3rd degree felony, a mandatory prison term of not less than 3 years is mandated. I voted “yes”. Governor Strickland also signed this bill on June 30th.
You can reach Jennifer Garrison at her Columbus office at 614-644-8728 or in the district at 740-373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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