The Ohio Adam Walsh
Act:
Implementation Guide
for OACCA Members
December 2007
Contents
Background
Summary of Law
Affects on Ohio’s
Private Agencies
Registry Information
Concerns
Frequently Asked
Questions
BACKGROUND
On July 27,
2006, President Bush signed the Adam Walsh Child Protection and Safety Act into
law (PL 109-248). In order for Ohio to
comply with the new federal law, the Ohio General Assembly must amend the Ohio
Revised Code to reflect the new federal requirements.
On February
20, 2007, State Senator Steve Austria introduced Ohio SB 10, the Ohio Adam
Walsh Act, to change state law to reflect new requirements. Governor Strickland signed the bill into law
on June 30, 2007.
States are
given a timeline to implement the federal Adam Walsh Act, which is included in
the Proposed National Guidelines for Sex Offender Registration and
Notification
issued by the U.S. Department of Justice Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking (SMART) office on May 30, 2007.
April 27, 2009: Date for
Ohio to submit compliance packets establishing substantial compliance to the
SMART Office.
July 27, 2009: Deadline
for substantial implementation of the federal law for Ohio. Implementation by
this date prevents a decrease in federal funds.
The comment
period for the proposed guidelines ended on August 1, 2007. A final version of the guidelines will be
released soon. The current proposed
guidelines state that Ohio has within 3 years to fully implement that
federal law: July 27, 2009. Section
125(a) of the federal law allows for a 10 percent Bryne Justice Assistance
Grant fund reduction to Ohio if we
fail to substantially implement the requirements by July 27, 2009. Failure to substantially implement will be
considered on an individual basis by the U.S. Attorney General’s office. Section 124(b) provides for the Attorney
General to authorize up to two 1-year extensions of the implementation deadline. Requests for extensions will be considered on
a case by case basis.
In Ohio,
some of the federal requirements implemented by SB 10 went into effect on the
state level on July 1, 2007, while the remaining laws come into effect on
January 1, 2008. The following lists
when sections of the law go into effect.
July
1, 2007
2950.031 Prohibiting offender from establishing
residence near school
2950.032 Prohibiting offender from establishing
residence near school
2950.033 Prohibiting offender from establishing
residence near school
2950.042 Prohibiting offender from establishing
residence near school
2950.043 Prohibiting offender from establishing
residence near school
2950.131 Prohibiting offender from establishing
residence near school
5321.051 Eviction of tenant allowing sex or
child victim offenders to occupy premises near school
January
1, 2008
2950.01 Definitions
2950.02 Exchange or release of relevant
information about sex offenders
2950.03 Notice of Duty to register and
periodically verify information
2950.04 Duty to register form
2950.041 Personal Registration with sheriff
2950.05 Notice of residence address change
2950.06 Periodic verification of current
residence address
2950.07 Commencement date for duty to register
2950.08 Authorized inspection of information and
records in possession of BCII
2950.081 Public inspection of information and
records in possession of sheriff
2950.10 Notifying victim of sexually oriented
offense of registration
2950.11 Notice of identity and location of
offender in specified geographical notification area
2950.12 Immunity from liability in civil action
to recover damages for injury
2950.13 State registry of sex offenders – duties
of Attorney General
2950.14 DRC to provide information prior to
release
2151.23 Jurisdiction of Juvenile court
2152.02 Definitions
2152.19 Disposition Orders
2152.191 Delinquent child subject to sex
offender registration and notification law
2152.192 Notice that child has committed
sexually oriented offense
2152.22 Court relinquishes control over child
committed to legal custody of DYS
2152.82 Juvenile sex offender registrant as part
of dispositional order
2152.821 Taking testimony of mentally retarded
person or developmentally disabled person accused in juvenile court
2152.83 Juvenile sex offender registration at
time of release from secure facility
2152.84 Hearing to review effectiveness of
disposition and of any treatment
2152.85 Petition for reclassification or
declassification
2152.851 Effect of redesignation of offense
SUMMARY OF LAW
OACCA
worked with stakeholders to persuade the Ohio legislature to amend SB 10 from
its as-introduced version. The bill
summary below from the Ohio Legislative Service Commission includes the
following amendments:
Restricts the Public Registry
Qualified Juvenile Offender Registrant (PRQJOR) designation just to juveniles
labeled an Serious Youthful Offender (SYO).
Removes the Super-Retroactivity
section of the bill.
Permits the Ohio Attorney General’s
office to have authority in the future to draft rules to JCARR to bring Ohio in
compliance with the federal Adam Walsh Act. (This would only happen if the U.S.
Department of Justice later determines Ohio to be out of compliance.)
Adds a technical change to the bill
regarding whether or not offenders have to register with the county sheriff
personally. The amendment now reads “sheriff or designee”.
These
amendments were central issues in SB 10 that OACCA supported. Below is a very
thorough analysis of the full bill by the Ohio Legislative Service Commission –
bolded areas are emphasized.
- Defines a "public registry-qualified juvenile
offender registrant" as meaning a delinquent child upon whom a
juvenile court has imposed a serious youthful offender designation and to
whom all of the following apply: (1) the person is adjudicated a
delinquent child for committing, attempting to commit, conspiracy to
commit, or complicity in committing rape, sexual battery if the victim was
less than 12 years of age, or the bill's new gross sexual imposition
violation (discussed below), (2) the person was 14, 15, 16, or 17 at the
time of the act, and (3) a juvenile court judge classifies the person as a
juvenile offender registrant, specifies that the person has a duty to
comply with the Sex Offender Registration and Notification Law (SORN Law),
and classifies the person as a public registry-qualified juvenile offender
registrant and that classification has not been terminated. (R.C.
2950.01(N).)
2.
Requires offenders and delinquent children required to register
under the SORN Law to register immediately after a sentencing or dispositional
hearing held on or after January 1, 2008, requires an offender or child to
register a residence address not later than three (instead of five) days
after coming into a county to reside or be temporarily domiciled for more than
three (instead of five) days, and removes the restrictions against the
registration duties applying to "registration-exempt sexually oriented
offenses." (R.C. 2950.04(A) (1) and 2950.041(A) (1).)
3.
Requires Ohio resident offenders and public registry-qualified
juvenile offender registrants who are required to register under the SORN Law
to register in the county of employment if the offender or public
registry-qualified juvenile offender registrant has been employed in that
county for more than 3 (instead of 14) days or for an aggregate period of 14
(instead of 30) or more days in that calendar year and requires such offenders
and public registry-qualified juvenile offender registrants who are not Ohio
residents to register if the offender or registrant has been employed at any
location in Ohio within those time periods. (R.C. 2950.04(A) (2) and (3)
(b) and 2950.041(A) (2).)
4.
Requires offenders and public registry-qualified juvenile offender
registrants to register in another state upon being employed in that other
state for more than 3 (instead of 14) days or for an aggregate period of 14
(instead of 30) or more days in that calendar year. (R.C. 2950.04(A) (2)
and (3) (b) and 2950.041(A) (2).)
5.
Requires public registry-qualified juvenile offender registrants
(in the same manner as offenders) to register immediately upon coming into a
county in which the registrant attends a school or institution of higher
education (R.C. 2950.04(A) (3) (b)).
6.
Expands the required content of a SORN Law registration form to
additionally require the form to include: (1) any aliases used by the
offender or delinquent child, (2) the offender's or child's Social Security
number and date of birth, including any alternate Social Security numbers or
dates of birth used by the offender or child, (3) if applicable, a statement
that the offender or child is serving a term of confinement or is confined in a
secure facility, (4) the name of the school, institution of higher education,
or place of employment the address of which the offender or public
registry-qualified juvenile offender registrant is registering, (5) the license
plate number issued by Ohio or any other state of each vehicle the offender or
child owns, has registered, operates as a part of employment, or regularly has
available to operate, a description of where each vehicle is habitually parked,
stored, docked, or otherwise kept and, if required by BCII, a photograph of
each of those vehicles, (6) the number of the offender's or child's driver's or
commercial driver's license or permit or state identification card issued by
Ohio or any other state, (7) if the offense resulting in the registration duty
was committed in another jurisdiction, a DNA specimen from the offender or
child, a citation for and the name of the offense resulting in the duty, and a
certified copy of a document describing the text of that offense, (8) any other
employment information, such as the general area where the offender or child is
employed, (9) copies of travel and immigration documents, (10) a description of
each professional and occupational license, permit, or registration held by the
offender or child, and (11) any email addresses, internet identifiers, or
telephone numbers registered to or used by the offender or child. (R.C.
2950.04(B) and (C) and 2950.041(B) and (C).)
7.
Requires the Department of Rehabilitation and Correction (DRC),
the Adult Parole Authority, and the Department of Youth Services (DYS), by
January 1, 2008, to adopt rules to require parole officers to verify within
three days of an offender's release that the offender or delinquent child has
registered under the SORN Law. (R.C. 2950.042.)
8.
Changes some of the time frames within which a registered offender
or public registry-qualified juvenile offender registrant must comply with the
SORN Law's change of address provisions to: (1) require an offender or
public registry-qualified juvenile offender registrant to provide written
notice of a change of a registered place of employment address not later than
three days after the change, (2) require an offender or public
registry-qualified juvenile offender registrant to register a new place of
employment address not later than three days after the change, and (3) specify
that a notice of a change of address of a school, institution of higher
education, or placement of employment must include the name of the new school,
institution of higher education, or place of employment. (R.C. 2950.05(A)
and (B).)
9.
Requires an offender or public registry-qualified juvenile
offender registrant who is required to register under the SORN Law to provide
written notice, within three days, of any change in vehicle information, email
addresses, internet identifiers, or telephone numbers registered to or used by
the offender or registrant and requires the sheriff who receives this information
to promptly forward the information to BCII. (R.C. 2950.05(D) and (E)
(1).)
10.
Defines the new SORN Law terms "tier I sex
offender/child-victim offender," "tier II sex offender/child-victim
offender," and "tier III sex offender/child-victim offender" in
such a manner that an offender or delinquent child who is convicted of, pleads
guilty to, or is adjudicated a delinquent child for committing a sexually
oriented offense or child-victim oriented offense automatically is included
within one of those categories for purposes of that Law based on the offense
that was committed, without the need for any additional hearing or
proceeding. (R.C. 2750.01(E), (F), and (G).)
11.
Permits the Attorney General to inspect sealed records for the
purpose of determining an offender's or juvenile offender registrant's tier
classification. (R.C. 2151.357 and 2953.35.)
12.
Changes the frequency with which a registered offender or
delinquent child must verify the registered address to: (1) require an
offender or child who is a tier I sex offender/child-victim offender to verify
a registered address on each anniversary of the initial registration date, (2)
require a tier II sex offender/child-victim offender to verify a registered
address every 180 days after the initial registration date, and (3) require a
tier III sex offender/child-victim offender to verify a registered address
every 90 days after the initial registration date. (R.C. 2950.06(B).)
13.
Provides a transition period that specifies when an offender or
child who has registered under existing law initially must register under the
bill's provisions. (R.C. 2950.07(A) (7).)
14.
Provides that an offender's duties under the SORN Law continue for
the following periods of time: (1) until the offender's death if the
offender is a tier III sex offender/child-victim offender, (2) for 25 years if
the offender is a tier II sex offender/child-victim offender, or (3) for 15
years (subject to possible removal of the duties by a judge) if the offender is
a tier I sex offender/child-victim offender. (R.C. 2950.07(B).)
15.
Specifies that the duties of a delinquent child who is subject to
the SORN Law continue for the following periods: (1) until the child's
death if the delinquent child is a tier III sex offender/child-victim offender
or a public registry-qualified juvenile offender registrant (subject to
possible reclassification as a tier II or tier I sex offender/child-victim
offender if the child is not a public registry-qualified juvenile offender
registrant), (2) 20 years if the delinquent child is a tier II sex
offender/child-victim offender (subject to possible reclassification as a tier
I sex offender/child-victim offender if the child is not a public
registry-qualified juvenile offender registrant), or (3) ten years if the
delinquent child is a tier I sex offender/child-victim offender (subject to
possible termination if the child is not a public registry-qualified juvenile
offender registrant). (R.C. 2950.07(B).)
16.
Provides that if an offender or delinquent child had a duty to
register under the SORN Law prior to January 1, 2008, the registration period
of time described in the previous dot point applies to that offender or
delinquent child and automatically replaces the period of time for which the
offender or delinquent child had a duty to register prior to January 1,
2008. (R.C. 2950.07(C).)
17.
Conforms the existing SORN Law's provisions regarding notice to an
offender or delinquent child of the offender's or child's duties under that Law
to the changes described above. (R.C. 2950.03.)
18.
Applies the amended SORN Law and the new offense tiers it enacts
to offenders and delinquent children who previously have registered under the
SORN Law and to offenders and juvenile offender registrants who committed a
sexually oriented offense or a child-victim oriented offense and will be
confined on or after December 1, 2007, requires those offenders and children to
be notified by a specified official of their duties and new tier classification
under the amended SORN Law (generally, as determined by the Attorney General
(AG)), and, in most cases, gives them a right to a court hearing to contest the
application of the amended SORN Law to them. (R.C. 2950.031 and
2950.032.)
19.
Provides that if, on or before July 1, 2007, an offender or
delinquent child has a duty to comply with the SORN Law and the offender's or
child's duty to comply with that Law is scheduled to terminate on or after July
1, 2007, and prior to January 1, 2008, under the current version of that Law,
notwithstanding that scheduled termination of that duty, the offender's or
child's duty to comply with the SORN Law does not terminate as scheduled and
remains in effect for the following period of time: (1) if the offender
or child requests a hearing to contest his or her reclassification described in
the preceding dot point, the duty continues at least until the court issues its
decision on the request at or subsequent to the hearing and, unless the court's
decision terminates the duty or provides a different duration for the duty, it
continues subsequent to the decision in accordance with, and for the duration
specified in, the reclassification notice, (2) if the offender or child does
not request a hearing to contest his or her reclassification, the duty
continues in accordance with, and for the duration specified in, the
reclassification notice, or (3) if the offender or child does not receive a
reclassification notice that is required under the bill, notwithstanding the
failure of the offender or child to receive the notice, the offender's or
child's duty to comply with the SORN Law continues in accordance with, and for
the duration specified in, the SORN Law as it will exist under the bill's
changes. (R.C. 2950.033.)
20.
Specifies that the provisions described in the previous dot point
only apply to a delinquent child if the person is adjudicated a delinquent
child for committing a sexually oriented offense or child-victim oriented
offense prior to January 1, 2008, and who, under the version of the SORN Law
that is scheduled to take effect on that date, will be a public
registry-qualified juvenile offender registrant. (R.C. 2950.033(C).)
21.
Authorizes a court, upon the request of an offender who is a tier
I sex offender/child-victim offender or a child who is a public
registry-qualified juvenile offender registrant, upon the expiration of a
specified period of time and the making of specified findings, to terminate the
offender's or child's duty to comply with the SORN Law's requirements.
(R.C. 2950.15.)
22.
Modifies the categories of offenders and delinquent children who
are subject to the SORN Law's victim notification and community notification
provisions so that, except as provided in the next dot point, the provisions
apply regardless of when the offense in question was committed regarding:
(1) an offender who is a tier III sex offender/child-victim offender, (2) a
delinquent child who is a public registry-qualified juvenile offender
registrant, and the child's duty to comply with the SORN Law has not been
removed by a juvenile judge, (3) a delinquent child who is a tier III sex
offender/child-victim offender and is not a public-registry qualified juvenile
offender registrant, if the child prior to the bill's effective date is
subjected to the notification provisions and the child's duty to comply with
the SORN Law has not been removed by a juvenile judge, and (4) a delinquent
child who is a tier III sex offender/child-victim offender and is not a public
registry-qualified juvenile offender registrant, if the child was classified a
juvenile offender registrant on or after the bill's effective date, the court
imposed a requirement subjecting the delinquent child to the notification
provisions, and the child's duty to comply with the SORN Law has not been
removed by a juvenile judge. (R.C. 2950.10(B) and 2950.11(F)(1).)
23.
Specifies that the community notification provisions (but not the
victim notification provisions) described in the preceding dot point do not
apply to an offender or delinquent child if that person would not be subject to
the version of the community notification provisions that exist immediately
prior to the effective date of these new community notification
provisions. (R.C. 2950.11(F)(2).)
24.
Expands the SORN Law's community notification provisions to
additionally (1) require a sheriff to provide notification of the registration
of an offender or delinquent child who is subject to community notification
under the SORN Law as described in the previous two dot points to volunteer
organizations in which contact with minors or other vulnerable individuals
might occur or any organization, company, or individual who requests
notification, (2) require each sheriff to allow a volunteer organization or
other organization, company, or individual who wishes to receive such a notice
regarding a specific offender or delinquent child or all offenders or
delinquent children located in the notification area to notify the sheriff by
electronic mail or through the sheriff's web site of this election, (3) require
the AG to maintain a list of the requests, and (4) provide a qualified immunity
to persons who request and receive the notification. (R.C. 2950.11(A)(10)
and (J), 2950.12(A)(8), and 2950.13(A)(14).)
25.
Expands the SORN Law's community notification provisions to also
require the sheriff to provide notification of a public registry-qualified
juvenile offender registrant's school, institution of higher education, or
place of employment address or addresses. (R.C. 2950.11(B)(2).)
26.
Requires the AG to include in the State Registry of Sex Offenders
and Child-Victim Offenders any notice of an order issued under the bill that
terminates or modifies an offender's or delinquent child's duty to comply with
the SORN Law and, for each offender or delinquent child who is listed in the
Registry: (1) a citation for, the name of, and the text (at the time of
commission) of all of the person's sexually oriented offenses or child-victim
oriented offenses that resulted in a registration duty and the date on which
they were committed, (2) a statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex offender/child-victim offender,
or a tier III sex offender/child-victim offender for the offense described in
clause (1), (3) the community supervision status of the person, (4) the offense
and delinquency history of the person, (5) to the extent applicable and
available, the BCII tracking number assigned to the person, the FBI number
assigned to the person, and any other state identification number assigned to
the person, (6) fingerprints and palmprints of the person, (7) a DNA specimen
from the person, (8) whether the person has any outstanding arrest warrants,
and (9) whether the person is in compliance with SORN Law duties. (R.C.
2950.13(A)(1).)
27.
States that the State Registry of Sex Offenders and Child-victim
Offenders is not open to inspection by the public or any person other than a
specified law enforcement officer, BCII employee, or the Registrar or employee
of the Registrar of Motor Vehicles. (R.C. 2950.13(A)(1).)
28.
Expands the scope of the Internet Sex Offender and Child-Victim
Offender Database to also contain information and material regarding public
registry-qualified juvenile offender registrants. (R.C. 2950.13(A)(11).)
29.
Specifies that the Internet Database cannot include a victim's
identity, any offender's or public registry-qualified juvenile offender
registrant's Social Security number, the name of any school or institution of
higher education attended by, or of the place of employment of, the offender or
public registry-qualified juvenile offender registrant, any tracking or
identification number assigned to the offender or registrant, or the offender's
or public registry-qualified juvenile offender registrant's driver's or
commercial driver's license or permit number or state identification card
number issued by Ohio or another state. (R.C. 2950.13(A)(11).)
30.
Requires the Internet Database to include the following
information relative to an offender or public registry-qualified juvenile
offender registrant: (1) a citation for, the name of, and the text (at
the time of commission) of all of a person's sexually oriented offenses or
child-victim oriented offenses that resulted in a registration duty and the
date on which they were committed, (2) a statement as to whether the person is
a tier I, II, or III sex offender/child-victim offender for the offenses
described in clause (1), (3) community supervision status, (4) the registered
address of a school, institution of higher education, or place of employment,
(5) the license plate number of each vehicle a registered offender or public
registry-qualified juvenile offender registrant owns, has registered, operates
as a part of employment, or regularly has available to operate, a description
of where each vehicle is habitually parked, stored, docked, or otherwise kept,
and, if required by BCII, a photograph of each of those vehicles, (6) a chart
describing which sexually oriented offenses or child-victim oriented offenses
are included in the definitions of tier I sex offenders/child-victim offenders,
tier II sex offenders/child-victim offenders, and tier III sex
offenders/child-victim offenders, (7) fingerprints and palmprints, and a DNA
specimen, (8) the offender's or public registry-qualified juvenile offender
registrant's name and photograph, (9) any outstanding arrest warrants, and (10)
SORN Law compliance status. (R.C. 2950.13(A)(11).)
31.
Requires the AG to develop software for sheriffs to establish on
the Internet a sex offender and child-victim offender database for the public
dissemination of information and materials that are public records, are not
otherwise prohibited from inclusion, and pertain to registered offenders and
public registry-qualified juvenile offender registrants. (R.C.
2950.13(A)(12).)
32.
Expands the information that the AG must include on the Internet
database the AG operates that enables local law enforcement representatives to
remotely search by electronic means the State Registry of Sex Offenders and
Child-victim Offenders to also include all of the information and materials the
bill requires to be on the State Registry and must include a registered
offender's or delinquent child's aliases, name and address of any place of
employment, school, institution of higher education, and license plate number
of each vehicle the offender or child operates as part of employment or
regularly has available for his or her operation. (R.C. 2950.13(A)(13).)
33.
Requires the AG to establish and operate a system for the
immediate electronic notice of appropriate officials in other states when an
offender or delinquent child required to register in the other state registers
an address in Ohio or provides a notice in Ohio of a change of address.
(R.C. 2950.13(A)(15).)
34.
Provides that if on or after the effective date of the bill, the
U.S. Attorney General adopts any regulation, guideline, or standard that
interprets or applies the Adam Walsh Act to require additional sex offender
registration and notification than otherwise required by the SORN Law, as
amended by the bill, or notifies Ohio's AG that the bill is not in substantial
compliance with the Adam Walsh Act, the AG is required to adopt rules to
require additional sex offender registration or notification so that Ohio's
SORN Law requirements are consistent with, and not less stringent than, the
Adam Walsh Act. (R.C. 2950.131.)
35.
Requires a sheriff who establishes an Internet sex offender and
child-victim offender database to include in the Internet database a chart
describing which offenses are included in the definitions of tier I, II, and
III sex offenders/child-victim offenders and a statement identifying the tier
in which each registered offender or child is classified. (R.C.
2950.081.)
36.
Requires DRC, prior to releasing an offender who was convicted of
or pleaded guilty to a sexually oriented offense or child-victim oriented
offense, and DYS, prior to releasing a juvenile offender registrant, to provide
BCII a physical description of the person and the terms and conditions of
release. (R.C. 2950.14(B).)
37.
Requires DRC and DYS, by July 1, 2008, to adopt rules pertaining
to the certification of sex offender treatment programs, which rules must
require the Departments to maintain a list of certified programs that is open
to public inspection. (R.C. 2950.16.)
38.
Specifies that, if a juvenile court judge classifies a delinquent
child a juvenile offender registrant for purposes of the SORN Law and if the
delinquent child is a tier III sex offender/child-victim offender who is not a
public registry-qualified juvenile offender registrant, the judge may impose a requirement subjecting the
child to the SORN Law's victim and community notification provisions.
(R.C. 2152.82(B) and 2152.83(C)(2).)
39.
Enacts a mechanism
pursuant to which a juvenile court that classifies a delinquent child a juvenile
offender registrant determines in a hearing the tier classification of the
child unless the court is required to classify the child as both a juvenile
offender registrant and a public registry-qualified juvenile offender
registrant. (R.C. 2152.831.)
40.
Unless a juvenile offender registrant is a public
registry-qualified juvenile offender registrant, retains the authority of a
juvenile court to determine that the child no longer is a juvenile offender
registrant (i.e., declassify the child), and grants a juvenile court the
authority to determine that a child whom the court previously has classified in
a particular tier no longer is in that category. (R.C. 2152.84 and
2152.85.)
41.
Requires a juvenile court that adjudicates a child a delinquent
child for committing a sexually oriented offense to classify the child a
juvenile offender registrant, specify that the child has a duty to comply with
the SORN Law, and classify the child a public registry-qualified juvenile
offender registrant if the child is one described in the first dot point.
(R.C. 2152.86.)
42.
Requires a court to reclassify a previously classified juvenile
offender registrant as a public-registry qualified juvenile offender registrant
if the child is one described in the first dot point and generally permits a
child whose delinquent act was committed prior to January 1, 2008, to request a
hearing to contest the reclassification. (R.C. 2152.86(A)(3) and (D).)
43.
Prohibits a person who is or has been convicted of or pleaded
guilty to a sexually oriented offense or child-victim oriented offense from
living within 1,000 feet of preschool or child day-care center premises in the
same manner as such a person is prohibited under current law from living within
1,000 feet of school premises. (R.C. 2950.034.)
44.
Permits a landlord to terminate the rental agreement of, and to
evict, a tenant who violates the prohibition against living within 1,000 feet
of any preschool premises or child day-care center premises in the same manner
as is provided under current law for the prohibition against residing within
1,000 feet of any school premises. (R.C. 1923.02.)
45.
If a person violates the prohibition against living within 1,000
feet of preschool or child day-care center premises, permits an owner or lessee
of real property located within 1,000 feet of those premises or the appropriate
chief legal officer of the county, municipal corporation, or township in which
those premises are located to bring an action for injunctive relief against the
person. (R.C. 2950.034.)
46.
Repeals the terms sexual predator, habitual sex offender,
child-victim predator, and habitual child-victim offender and the mechanism for
determining whether an offender or child is in any of those categories and, in
the existing SORN Law provisions that use those terms and subjects persons
within those categories to more stringent and additional duties and
restrictions; generally, replaces those terms with references to tier III sex
offender/child-victim offenders.
47.
Eliminates references in the SORN Law and related provisions to
"registration-exempt sexually oriented offense," "presumptive
registration-exempt sexually oriented offense," and "aggravated
sexually oriented offense" (which the bill repeals).
48.
Modifies numerous miscellaneous existing provisions that relate to
various aspects of the SORN Law to conform the provisions to the changes
described in the preceding dot points.
49.
Prohibits a person from engaging in the offense of menacing by
stalking, abduction, unlawful restraint, or criminal child enticement with a
sexual motivation. (R.C. 2903.211(A)(3), 2905.02(B), 2905.03(B), and
2905.05(B).)
50.
Makes kidnapping of a victim under 13 a first degree felony in all
cases if the offender also is convicted of or pleads guilty to a sexual
motivation specification and requires that the offender be sentenced to an
indefinite prison term of 15 years to life imprisonment or, if the victim is
released in a safe place unharmed, ten years to life imprisonment, to be served
under the Sexually Violent Predator Sentencing Law. (R.C. 2905.01(C) and
2971.03.)
51.
Requires a court to sentence an offender to an indefinite prison
term of 30 years to life to be served under the Sexually Violent Predator
Sentencing Law for aggravated murder when the victim is less than 13, the
offender is convicted of or pleads guilty to a sexual motivation specification,
the offender is not sentenced to death or a term of life imprisonment without
parole, and the offender is not otherwise required to be sentenced under that
Law as a sexually violent predator. (R.C. 2929.022(A)(2)(b)(ii) and
(B)(2), 2929.03, and 2971.03.)
52.
Requires a court to sentence an offender to an indefinite prison
term of 30 years to life to be served under the Sexually Violent Predator
Sentencing Law for murder when the victim is less than 13, the offender is
convicted of or pleads guilty to a sexual motivation specification, and the
offender is not otherwise required to be sentenced under that Law. (R.C.
2929.02(B) and 2971.03.)
53.
Expands the offense of gross sexual imposition to prohibit a
person from knowingly touching the genitalia of another who is less than 12
years of age (whether or not the offender knows the age of that person), when
the touching is not through clothing and the touching is done with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of
any person. (R.C. 2907.05(B).)
54.
Provides that the new gross sexual imposition prohibition
described in the previous dot point is a felony of the third degree with
generally a presumption for a prison term but a mandatory prison term in
specified circumstances. (R.C. 2907.05(C)(2).)
55.
Modifies the definition of "harmful to juveniles" as
used in the Sex Offenses Law to include any material or performance, when
considered as whole, appeals to the prurient interest of juveniles in sex.
(R.C. 2907.01(E).)
AFFECTS ON OHIO’S PRIVATE
AGENCIES
The Ohio Adam Walsh
Act will affect your agency through new state laws. The laws will take full effect in January 1,
2008. SB 10 replaces the JSORN system
with a tiered classification system. The
following includes a list of offenses that are included in each tier of the new
system, which will take full effect January 1, 2008.
|
1.
2907.07 Importuning 2.
2907.04 Unlawful Sexual Conduct with a Minor (when it is
non-consensual and offender less than 4 years older than victim, and the
offender is not previously convicted of 2907.02, 2907.03, or 2907.04, or
former 2907.12 (FSP)) 3.
2907.08 Voyeurism 4.
2907.06 Sexual Imposition 5.
2907.05 (A)(1)-(3), (5) Gross Sexual Imposition 6.
2907.323 (A)(3) Illegal Use of a Minor in Nudity-oriented Material or
Performance 7.
2905.05 (B) Child Enticement with sexual motivation {new under SB 10} 8.
2907.32 Pandering Obscenity 9.
2903.211 (A)(3) Menacing by Stalking with sexual motivation {new under
SB10} 10.
2905.03(B) Unlawful Restraint with sexual motivation {new under SB 10} 11.
Includes an attempt, complicity or conspiracy to commit any of these
offenses. Child-victim offender not in Tier II or III. |
|
Tier 2 |
|
1.
2907.21 Compelling Prostitution 2.
2907.321 Pandering Obscenity Involving a Minor 3.
2907.322 Pandering Sexually Oriented Material Involving a Minor 4.
2907.323 (A)(1) and (2) Illegal Use of a Minor in Nudity-oriented
Material or Performance 5.
2907.04 when offender is at least 4 years older, or when the offender
is less than 4 years older and has
prior conviction for 2907.02, 2907.03, 2907.04, or former 2907.12 (FSP) 6.
2907.05 (A)(4) Gross Sexual Imposition victim under 13 7.
2919.22 (B)(5) Child Endangering 8.
2905.01 (A)(1)-(3), (5) Kidnapping with sexual Motivation 9.
2905.01 (A)(4), victim over 18 10.
2905.02 (B) Abduction with sexual motivation {new under SB 10} 11.
Any sexual offense that occurs after the offender has been classified
as a Tier I offender. 12.
Includes an attempt, complicity or conspiracy to commit any of these
offenses 13.
Pre-AWA Habitual offenders, unless re-classified after hearing under
ORC 2950.031 or 2950.032 |
|
Tier 3 |
|
1.
2907.02 Rape 2.
2907.03 Sexual Battery 3.
2903.01 Agg. Murder with sexual motivation 4.
2903.02 Murder with sexual motivation 5.
2903.04(A) Unlawful Death or termination of pregnancy as a result of
committing or attempt to commit a felony with sexual motivation 6.
2905.01 (A)(4) Kidnapping of minor to engage in sexual activity 7.
2905.01 (B) Kidnapping of minor, not by parent 8.
2907.05 (B) {New section of GSI
that involves touching of the genitals on the skin} 9.
2903.11 Felonious Assault with sexual motivation 10.
Pre-AWA predators unless re-classified after hearing under ORC
2950.031 or 2950.032 11.
Any sexual offense that occurs after the offender is classified as a
Tier II or III offender. 12.
Automatic classification after SVP specification 2971.03 14.
Includes an attempt, complicity or conspiracy to commit any of these
offenses |
The
following includes the new registration and notification requirements that will
take effect in January 1, 2008. The left
column describes the old JSORN system requirements, while the right column
describes the requirements of the new (effective in January 1, 2008) Adam Walsh
Act tiered system.
|
Ohio JSORN Law |
Ohio Adam Walsh Act Tier System |
|
Qualified offenses - there
exists a different list of offenses between juvenile offenders and adults -
excludes corruption of a minor; pandering and child pornography only if the
offender is 4 or more years older than the victim |
Same list
of offenses apply to juveniles and adults |
|
Applies
to juveniles 14 or older whose offense was committed on or after 1-1-2002 |
Applies
to juveniles 14 or older whose offense was committed on or after 1-1-2002 |
|
Initial Classification as Juvenile
Offender Registrant
Youthful First
Offender
|
Initial Classification as Juvenile
Offender Registrant (Non-PRQJORs)
Youthful First
Offender
|
|
Sexual Predator Classification
Hearing - if not
labeled a predator, will be labeled sexually oriented offender or habitual if
prior adjudication |
Tier Classification Hearing
(Non-PRQJORs)
|
|
Registration Periods (Juveniles
and adults) Sexually
Oriented Offender
10 yrs Child
Victim Oriented Offender
10 yrs Habitual
Sexually Oriented Offender 20
yrs Habitual
Child Victim Oriented Offender 20 yrs Sexual
Predator Life Child
Victim Predator
Life |
Registration Periods Tier I
Sex or Child Victim Offender
10 yrs Tier II
Sex or Child Victim Offender
20 yrs Tier III
Sex or Child Victim Offender
Life
|
|
Reclassification/Declassification
- if initial classification was automatic, court may
reclassify to less restrictive, but must still be registrant - if initial classification was discretionary, court may
reclassify or declassify
|
Reclassification/Declassification
(Non-PRQJORs)
- if initial classification was automatic, court may
reclassify to lower Tier, but must still be registrant - if initial classification was discretionary, court may
reclassify or declassify - clear and convincing proof standard for reclassification
and declassification
|
|
Website O.R.C. 2950.081 (B), permits sheriffs, who operate their
own county sex offender website, are permitted to post the registration
information on juvenile sex offenders who were adjudicated delinquent for
Rape, or Murder, Aggravate Murder or Kidnapping committed with a sexual
motivation. |
Website Registration information for PRQJORs to be posted on the
state’s public website administered by BCI&I (eSORN). PRQJOR offenses are
Rape, Sexual Battery, new subsection of GSI, and Murder, Aggravated Murder or
Kidnapping committed with a sexual motivation; or any attempt, conspiracy to
commit or complicity in committing any of these offenses. |
|
Community Notification
|
Community Notification a.
PRQJORs are automatically subject to community notification b.
Other Tier III juvenile offenders, court has discretion to impose
community notification requirements |
|
Victim Notification Victim
entitled to notification, if so requested, when offender is labeled a
predator or a habitual that is subject to community notification |
Victim Notification Victim
entitled to notification, if so requested, when offender is PRQJOR, or a Tier III offender that is subject to
community notification |
|
(PRQJR Classification Did Not
Exist Until January 1, 2008) |
PRQJORs a. SB 10 creates new section, ORC
2152.86, dealing with public registry
qualified juvenile offender registrants (PRQJOR). b. Applies to a juvenile 14 or older
at the time of committing the act and the juvenile is adjudicated delinquent
and classified as a serious youth
offender (SYO), for committing, attempting to commit, conspiring to
commit or complicity in committing any of the following acts: 1) Rape (ORC 2907.02) 2) Sexual Battery (ORC 2907.03) 3) Gross Sexual
Imposition (ORC 2907.05 (B)) (This is GSI on skin of genitalia
when the victim is under 12 with intent to abuse, humiliate, harass, degrade,
arouse, or gratify the sexual desire of any person) 4) Aggravated Murder with sexual
motivation (ORC 2903.01) 5) Murder with sexual motivation (ORC
2903.02) 6) Kidnapping with sexual motivation
(ORC 2905.01) c. Mandatory classification at the
time of disposition, or, in released from DYS after January 1, 2008 and has
not yet been classified. d. PRQJOR is automatically classified
as a Tier III offender with registration and notification requirements as
adult Tier III offenders and is also required to be posted on the Ohio
Attorney General and County Sheriff’s websites. e. PRQJORs whose offenses were
committed after January 1, 2008,
are not eligible for
reclassification or declassification under 2152.84 or 2152.85. f.
Court does not have the option of the discretionary tier
classification hearing under 2152.831 that occurs at disposition. g. May petition for reduction of
registration period after 25 years if the individual maintains clean record;
effectively declassifies. |
New Ohio
Administrative Code rules will be written by the Ohio Attorney General and Ohio
Department of Youth Services in conjunction with stakeholder involvement to
implement SB 10. The Ohio Attorney
General’s office is authorized to write Ohio Administrative Code rules through
the state legislature’s Joint Committee on Agency Rule and Review (JCARR)
process to bring Ohio into full compliance
if the U.S. Department of Justice SMART office determines that Ohio is out of compliance with the federal Adam
Walsh Act. Moreover, ODYS must draft
rules to certify and inspect all sex offender treatment programs. ODYS must also draft rules for parole
officers to verify that released offenders register as required by their tier
classification.
The Ohio
Adam Walsh Act changes the ability of juvenile court judges to have discretion
in determining the appropriate level of registration and notification
requirements for juvenile offenders.
Classification is now based on offense only, in which the tier level
that the offense is categorized in is supposed to equate with the risk level of
that juvenile. In other words, juvenile
court judges are no longer able to impose SORN requirements based on the
expected risk that juveniles will pose to communities.
REGISTRY INFORMATION
Information to be included in the Ohio online sex offender registry (www.ag.state.oh.us/citizen/esorn.asp) provided by the offender:
Names and Aliases (first, middle,
last) Nicknames, Internet Identifiers, Telephone Numbers, Email/Instant Message
Address
Social Security Number
Residence, Lodging, and Travel
Information
·
Residence
Address
·
Other
Residence Information (If homeless)
·
Temporary
Lodging Information
Information included in the registry to be provided by the county
sheriff’s office:
Identifying numbers:
·
Bureau
of Criminal Identification and Investigation (BCII) # (if assigned)
·
FBI
# (if assigned and BCII is aware)
·
Any
other state identification # assigned which BCII is aware
Physical Description of Juvenile
Text or Registration Offense as that
offense existed at the time of conviction or a link to database that sets forth
that offense
·
Date
·
Case
number
·
State
of conviction
·
County
of conviction
·
ORC
offense Number and Title
·
Victim
information age range, gender, handicap flag, comments
·
Statement
as to what tier the offender is
Criminal/Delinquency History of the
person, as determined from information gathered by BCII, Ohio Department of
Rehabilitation and Corrections (ODRC), or ODYS and Community Supervision Status
Current Photo of Juvenile
Fingerprint and Palm Print
DNA Sample
Driver’s License Information
·
All
information is stored except: issued date, expires on date, endorsements,
restrictions, class, type and two part details.
·
Can
look up drivers license information on BMV or OHLEG SE
Registration Periods
Full registration time period (unless subject to reduction) is as
follows:
Adults
·
15
years if the offender is a Tier I sex offender
·
25
years if the offender is a Tier II sex offender; and
·
The
life of the offender, if the offender is a Tier III sex offender
Juveniles
·
10
years if the offender is Tier I sex offender
·
20 years if the offender is Tier II sex
offender
·
The life of the offender, if the offender is a
Tier III sex offender
Failure to Register Penalties
|
|
Original and Most Severe SORN Offense |
Failure to Register Penalty |
|
First Penalty for Failure to Register |
F1, F2, or
F3 felony offense, or murder or aggravated murder |
Felony
Conviction (of same level as the most severe offense that led to
registration) |
|
F4 Felony |
F4 Felony
Conviction (6 - 18 mo. prison) |
|
|
F5 Felony |
F4 Felony
Conviction (6 - 18 mo. prison) |
|
|
Misdemeanor
|
F4 Felony
Conviction (6 - 18 mo. prison) |
|
|
Subsequent Penalties
for Failure to Register |
F1, F2, or
F3 felony offense, or murder or aggravated murder |
Felony of
same degree as most serious underlying offense. Mandatory prison sentence not less than 3
years. |
|
F4 Felony |
F3 Felony
(1 - 5 yrs prison). Mandatory prison sentence not less than 3 years. |
|
|
F5 Felony |
F3 Felony
(1 - 5 yrs prison). Mandatory prison sentence not less than 3 years. |
|
|
M1 Misdemeanor |
F3 Felony
(1 - 5 yrs prison). Mandatory prison sentence not less than 3 years. |
|
|
Misdemeanors
other than M1 |
F3 Felony
(1 - 5 yrs prison). Mandatory prison sentence not less than 3 years. |
Re-Classification
Juvenile sex offenders may receive review hearings in which juvenile court
judges may classify-down tiers that juvenile sex offenders fall in; in certain
circumstances judges may remove classification.
Juvenile sex offenders may petition the court three years after the
completion of disposition hearing to reclassify; following this, juvenile sex
offenders may petition the court after another three years; following this,
every five years.
For juveniles that fall in to Tier I, II and III, but are not PRQJORs, the
current practice remains:
Mandatory hearing at end of
disposition
·
If
initial classification was automatic, court may reclassify to lower Tier, but
must still be registrant
·
If
initial classification was discretionary, court may reclassify or declassify
·
Clear
and convincing proof standard for reclassification and de-classification
Petition for re-classification or
declassification after mandatory hearing
However, if you are a Tier III PRQJOR,
a new system is imposed: the full registration period shall be reduced as
described for a sex offender who maintains a clear record defined as:
No criminal offenses, except minor
traffic offense
Completed sex offender treatment
program
Paid financial sanctions
Period of clean record in the case
of a Tier III PRQJOR is 25 years
In Person Verification
A sex offender shall appear in person, allow the jurisdiction to take a
current photograph, and verify the information in each registry in which that
offender is required to be registered not less frequently than:
Each year if the offender is Tier I
Every 6 months if the offender is
Tier II
Every 3 months if the offender is
Tier III
Duty to Notify Sex Offender
The official of the jail, workhouse,
state correctional institution, or other institution where the juvenile is
confined is to notify the sex offender of the duty to register prior to release
If the juvenile is not confined, the
judge shall provide the offender information regarding the duty to register at
sentencing
If the offender or juvenile is
re-classified by the Attorney General’s Office, either the Attorney General, ODRC
or ODYS will provide notice as outlined in 2950.031 and 2950.032.
The
notice shall be on a form proscribed by BCII. Offender or juvenile required to
read and sign; if unable to read, official will read to the offender or juvenile
and indicate that said form was explained to them.
Public Access to Juvenile Sex
Offender Registry
Information on juvenile
sex offenders will remain confidential and not listed on public websites unless
the juvenile is convicted in adult court or the juvenile is labeled a tier III
PRQJOR. For those juveniles that fall
into either of those groups, the following applies:
BCII must establish and operate on the internet a sex offender and child
victim offender database that contains registry information (name, photo,
residence address, place of employment address, school address, and
designation). The database shall be searchable by offender name, by county, by
zip code, and by school district and accessible to the public.
The bureau shall not include on the database any offender's or PRQJOR’s:
Social security number
The name of any school or
institution of higher education attended by any offender or PRQJOR
The name of the place of employment
of any offender or PRQJOR
Any tracking or identification
number described in division (A)(1)(f) of this section
Victim’s identity
Any information described in
division (C)(7) of section 2950.04 or 2950.041 of the ORC
Community Notification
The only juveniles that are subject to community notification
requirements are juveniles convicted in adult court or juveniles labeled a tier
III PRQJOR. For those two groups of juveniles, the sheriff is required to send
notice of registered sex offenders within five days to the following:
Any occupant of each residential
unit that is located within one thousand feet of the offender’s or delinquent
child’s residential premises, that is located within the county served by the
sheriff, and that is not located in a multi-unit building
Any occupant of a multi unit
building in which the offender or delinquent child resides that share a common
hallway with the offender or delinquent child, defined as if the entrance door
to the occupant’s unit is located on the same floor and opens into the same hallway
as the entrance door to the unit the offender or delinquent child occupies
The building manager, or the person
the building owner or condominium unit owners association authorizes to
exercise management and control, of each multi-unit building that is located
within one thousand feet of the offender's or delinquent child's residential
premises, including a multi-unit building in which the offender or delinquent
child resides, and that is located within the county served by the sheriff. In
addition to notifying the building manager or the person authorized to exercise
management and control in the multi-unit building under this division, the
sheriff shall post a copy of the notice prominently in each common entryway in
the building and any other location in the building the sheriff determines
appropriate. The manager or person exercising management and control of the
building shall permit the sheriff to post copies of the notice under this
division as the sheriff determines appropriate. In lieu of posting copies of
the notice as described in this division, a sheriff may provide notice to all
occupants of the multi-unit building by mail or personal contact; if the
sheriff so notifies all the occupants, the sheriff is not required to post
copies of the notice in the common entryways to the building. Division (D)(3)
of this section applies regarding notices required under this division.
All additional persons who are within any
category of neighbors of the offender or delinquent child that the attorney
general by rule adopted under section 2950.13 of the Revised Code requires to
be provided the notice and who reside within the county served by the
sheriff;
The executive director of the public
children services agency that has jurisdiction within the specified
geographical notification area (school district of registrant residence) and
that is located within the county served by the sheriff
The superintendent of each board of
education of a school district that has schools within the specified
geographical notification area (school district of registrant residence) and
that is located within the county served by the sheriff
The principal of the school within
the specified geographical notification area (school district of registrant
residence) and within the county served by the sheriff that the delinquent
child attends
If the delinquent child attends a
school outside of the specified geographical notification area (school district
of registrant residence) or outside of the school district where the delinquent
child resides, the superintendent of the board of education of a school
district that govern the school that the delinquent child attends and the
principal of the school of that the delinquent child attends
The appointing or hiring officer of
each chartered nonpublic school located within the specified geographical
notification area (school district of registrant residence) and within the
county served by the sheriff or of each other school located within the
specified geographical notification area (school district of registrant
residence) and within the county served by the sheriff and that is not operated
by a board of education as noted above
Regardless of the location of the
school, the appointing or hiring officer of a chartered nonpublic school that the
delinquent child attends
The director, head teacher,
elementary principal, or the site administrator of each preschool program that
is located within the specified geographical; notification area and within the
county served by the sheriff
The administrator of each child day
care center or type A family day care home that is located within the specified
geographical notification area (school district of registrant residence) and
within the county served by the sheriff, and the provider of each certified type
B family day care home that is located within the specified geographical
notification area (school district of registrant residence) within the county
served by the sheriff
The president or chief
administrative officer of each institution of higher education that is located
within the specified geographic notification area and within the county served
by the sheriff, and chief law enforcement officer any that serves the
institution.
Volunteer organizations in which
contact with minors or other vulnerable individuals might occur or any
organization, company, or individual who requests notification as provided in
division (J) of this section.
Representative Seitz Amendment: for
those convicted post SB 10, sheriffs not required to send community
notification in writing. Posting on website is sufficient (ORC §2950.11).
CONCERNS
Potential
Anti-Therapeutic Outcomes for Juveniles
Preventing the labeling of
juveniles, which could limit their reentry success or participation in social
organizations or leisure activities, or could limit their access to employment
and education
Maintaining enough good placement
options for juveniles
There could be disincentives for
guilty pleas, which could force more victims to the stand, and the increase
expense of additional trials. Pleas to non-sex offenses may deny them access
to, or impede, needed treatment. This could also lead therapists into “collusion”
and secret keeping with youth so as to prevent lifetime or near lifetime
registration.
Affixing a permanent (or near
permanent) sex offender label could communicate the message that attempts to
change behavior are useless
May inhibit disclosure of abuse
within the household or family
Potential Anti-Therapeutic Consequences As Viewed by
Mental Health Professionals
Support and treatment for victims
may not increase
The new SORN system could create a
false sense of security in communities
Potential of vigilantism against
offenders
Potential of stigmatization
spreading to family, friends and those trying to help juvenile with re-entry
Concern that notification will
exacerbate conditions associated with recidivism
Potential Anti-Therapeutic Consequences As Viewed by
Offenders
Most regard disclosure of personal
information to be unfair (Tewksbury, 2005)
Social stigmatization, loss of
relationships (>50%), loss of employment (>30%), housing difficulties
(>30%), verbal (common) and physical assault (rare) (Tewksbury, 2005;
Levenson & Cotter, 2005)
Increased sense of fear, shame,
social isolation and hopelessness
Very divided on whether notification
will affect their likelihood of recidivating (43% completely agreed, while 38%
completely disagreed) (Tewksbury, 2005)
There will definitely be a great
difficulty to find housing (64%) (Tewksbury, 2005)
As Viewed by Probation/Parole Officers and Law
Enforcement
There could be logistical problems
with notification and registry integrity (Zevitz and Farkas, 2000)
The could be a large amount of time
invested in creating supervision networks, arranging transportation and
securing employment
Concerns with the Proposed Federal Guidelines
for Sex Offender Registration and Notification and the Implementation of the
Federal Adam Walsh Act
After the U.S. Congress passed the federal Adam Walsh Act, the U.S. Department
of Justice was authorized to draft federal rules (for the Code of Federal
Regulations) to implement the requirements of the Adam Walsh Act to
states. Draft guidelines were first made available in the spring of 2007 by
the U.S. Department of Justice SMART office to guide the implementation in
states. The comment period for the draft
guidelines ended in August 2007. OACCA
joined with many other states and national leaders to provide comments
outlining several areas of concern (see below).
The DoJ SMART office has yet to release its final version of the Adam Walsh Act guidelines. Despite this, Ohio went ahead and implemented
the federal requirements of the Adam Walsh Act without the use of the finalized
guidelines.
U.S.
Department of Justice
Office of
Sex Offender Sentencing, Monitoring, Apprehending, Registration, and Tracking
(SMART)
Director Laura L. Rogers, Esq.
Dear Ms.
Rogers,
As the
state association for children, youth, and family serving agencies in Ohio, the
Ohio Association of Child Caring Agencies (OACCA) strongly supports the intent
of the federal Adam Walsh Act. We are
proud that Members of the U.S. Congress and Department of Justice spent considerable
time and effort to craft a better and more effective registration and national
database system for sexually oriented offenders in our country. In this letter, we identify several areas of
concern.
There is
nothing more important or challenging than protecting our nation’s youth. The Adam Walsh Act’s intention is to do just
that. However, there is a lot of
confusion in states as to how to implement the federal law. In Ohio, when legislators first drafted its
Adam Walsh implementation bill, stakeholders from across the state were deeply
disturbed by some of the provisions and their offense based consequences for
ALL juvenile sexually oriented offenders.
The federal guidelines from the U.S. Department of Justice SMART office
must be clear and straight-forward about where states have flexibility and
where they do not.
We strongly
encourage your office to be flexible on the definition of “substantial
compliance”. It is our view that strict
compliance will actually harm youth and families by discouraging reporting of
crimes committed by juveniles and thus leaving many offenders and victims
without opportunities for treatment, justice, and recovery. As proposed, the federal guidelines will
prevent youth from receiving effective treatment. When Ohio’s AWA implementing legislation was
introduced, the early draft imposed extremely harsh restrictions on first-time
juvenile offenders. Many parents
described the restrictions as harsh enough to convince them never to report a
sexually oriented offense in their family.
We hope you agree that juvenile sex
offenders are a different population than adult sexual offenders. We need
different tools to identify juvenile sex offenders, provide treatment to them
and their victims, and keep them and our communities safe.
The draft
federal guidelines state that “if the offender is 14
years of age or older at the time of the offense and the offense adjudicated
was comparable to or more severe than aggravated sexual abuse … or was an
attempt or conspiracy to commit such an offense” the child should be listed as
a tier 3 offender. When implemented by
states, “aggravated sexual abuse” is not always directly compatible with
definitions in the state legal code. In
Ohio, legislators used “gross sexual imposition” to equate with “aggravated
sexual abuse”. This becomes problematic
in that “gross sexual imposition” is a broader offense that includes the
slapping of someone’s buttocks on top of their clothing. The federal guidelines should clearly define
how states should incorporate “aggravated sexual abuse” into their state codes.
States like
Ohio are struggling to comport their juvenile justice statutes within the tier
structure of the AWA. For example, in Ohio, if a youth has been adjudicated for
gross sexual imposition for improperly touching a sibling, that youth could end
up on tier two or three depending on the nature of the contact RATHER than the
risk of re-offending. As a result, communities become no safer than they were
before. The adjudicated youth in that
scenario needs treatment, which is proven to be up to 96% effective. The victim in that case also should receive
treatment. When a criminal penalty (i.e.
“public safety” requirement) is required that includes registration on public
websites for juveniles adjudicated for gross sexual imposition, what parent
would actually take the steps to prosecute their child? Why put parents in the position of choosing
whether to report their child’s offending behavior so he and the victim are
able to receive professional treatment, knowing it will likely involve lifetime
pubic registration and notification requirements, versus not reporting at all,
leaving the offender and victim without the treatment they need to be healthy
individuals.
Youth
should not appear on the public SORN website unless they have been tried as
adults in adult court and convicted of offenses that make them a real threat to
communities. A major reason why youth
should not have their personal information on public websites is because it
will weaken their recovery during treatment and will subject them to harassment
and abuse. From the perspective of
communities, ‘sex offenders’ listed on the public SORN website are threats,
regardless if they are youth or adults.
Moreover, there is reason to believe that a public registry of juvenile
sexually oriented offenders would be utilized by pedophiles as potential
victims. Creating a public list of
names, photos, home addresses, schools attended, automobile information, and
other identifying information violates the privacy of youth and families and
serves no useful purpose. It will hamper
the juvenile’s ability to pursue work and educational opportunities, and it
will block the juvenile’s ability to be placed in residential treatment
facilities.
Finally, we
believe that state law, even under the AWA, should allow for judicial
discretion in adjudicating juvenile sex offenders and to determine whether they
actually pose a threat to the community.
Judges serve an integral role in determining on a case-by-case basis
what threat juvenile offenders may pose.
If judges are unable to consider the level of threat, too many juveniles
will be listed on the public websites that pose a threat to no one, which
dilutes the effectiveness of registration and community notification. Judges should be permitted to fulfill their
role in these cases and be allowed to retain their discretion.
We
hope that the U.S. Department of Justice SMART office carefully considers the
comments in this letter to craft clear federal guidelines that provide states
the flexibility needed to implement this historic law. Without clear federal guidelines in place,
the Ohio legislature had an extraordinarily difficult time implementing the
Adam Walsh Act. Several parents of youth
that are receiving treatment for offending someone within their family
testified, in tears, to give their child a chance in life by not placing them
on the public SORN website. Please avoid
imposing ‘one-strike, you’re out’ policies on juvenile sex offenders and their
families, otherwise these families will be further victimized, state-by-state,
as their state implements the Adam Walsh Act.
If
you have any questions or need further explanation of information in this
letter, do not hesitate to contact our association directly at mmecum@oacca.org
and (614) 461-0014. Thank you for your
time and have a great day.
Sincerely,
The Ohio
Association of Child Caring Agencies
Frequently Asked Questions
If a juvenile turns 18,
does his previous tier I, II, or III-qualified adjudication(s) still appear on
his criminal record or his public registry if he is a PRQJR?
When a juvenile
turns 18 (or 21), that has no effect on their classification, and the underlying
offense for which they have to register will still appear on their juvenile
record and in their sex offender registration documents and online profile (for
PRQJORs).
Who is responsible for registration
of juvenile sex offenders that are foster children?
The agency that holds legal custody of the child; either a PCSA or a PCPA
Do juvenile’s
registration requirements change once the juvenile becomes an adult? Or will it
only change if the offender re-offends as an adult.
A juvenile’s registration requirements do not
change at all once they become an adult. If they commit another sex
offense once they are an adult, they will be tried as an adult and classified
as an adult. Also, if they fail to register properly after they turn 18, they
will be prosecuted as an adult for failure to register, even though they’re
registering for a juvenile offense.
What are considered
acceptable forms for photo identification for registration of juveniles?
Juveniles have to submit a photo with their
registration form, most likely a passport size and type of photo. The
sheriff’s office will also take a photo of each registrant with a digital
camera.
A child’s Social Security number is
required at registration; does this include the actual Social Security card?
Juveniles should not need their actual Social Security card. Each
sheriff’s office has forms that the person registering has to pick up, fill
out, and submit to the sheriff’s office (along with their photo). They
should just have to fill in their Social Security number on that form.
Registration must occur with the sheriff
in the county of a child’s temporary residence within 3 days of entering that
county. Does this apply to Respite Care stays? What about AWOLs?
Anytime someone is going to reside or be domiciled (essentially, if you’re
sleeping there at night) for more than 3 days in a county other than the one in
which they reside permanently, they need to register with that county sheriff,
regardless of the reason they’re there. If a juvenile is not sure whether
they need to register, it may be wise to do it anyway. The penalties are
extremely severe for failure to register.
Failure to register penalties for foster
children in the custody of a county applied to whom: the child, the custodial
agency, the foster parents, or no one?
The child will always be eligible to be charged with failure to register, and they
are the ones who will receive the most severe penalties. Additionally,
parents/guardians/custodians can be charged with contributing to the
delinquency of a minor whenever a kid does not register (this is a
misdemeanor). However, for foster children who are in the custody of an
agency (not a person), the question of who the criminal penalty also applies to
is unclear. It may depend on how each county prosecutor interprets the
statute, which may interpreted differently in different counties, until some of
those cases start working their way through appeals courts.