Category: In The News

Adam Walsh’ Provision Requiring Attorney General to Reclassify Sex Offenders Violates Separation of Powers

http://www.supremecourt.ohio.gov/PIO/summaries/2010/0603/082502.asp

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-2424.pdf Adobe PDF Link opens new window.

Video clip View oral argument video of this case.

(June 3, 2010) In a narrowly tailored decision announced today, the Supreme Court of Ohio voided as unconstitution al two sections of the Ohio Adam Walsh Act (AWA) that authorize the state attorney general to reclassify sex offenders who had already been classified by judges under a previous version of the law, “Megan’s Law.” The Court held that the challenged provisions violate the separation-of-powers doctrine of the Ohio Constitution.

Today’s decision leaves in place all of the law enforcement registration and community notification requirements of the AWA applicable to sex offenders who were classified on or after the Jan. 1, 2008, effective date of that law, and reinstates the pre-AWA registration and community notification requirements that judges had ordered offenders to comply with pursuant to Megan’s Law.

In this case, Christian Bodyke, David Schwab and Gerald Phillips were separately convicted of sex-related crimes prior to 2007. Pursuant to the pre-AWA version of Ohio’s sex offender classification statute (known as Megan’s Law), the trial court in which they were convicted conducted a formal hearing in each case at which the judge reviewed factors enumerated in the statute and issued a final order assigning each of the offenders to a classification that imposed a duty of postrelease registration with the sheriff in their county of residence.

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http://www.courierpostonline.com/article/20100502/OPINION/5020323/1047/opinion

For the past 15 years, the public has been left with a false sense of security. A federally funded study has determined that Megan’s Law does not work.

Conducted by independent psychologists along with staff from the state Department of Corrections’ Office of Policy and Planning, this comprehensive study looked at 21 years of sex offense rates. It confirms in New Jersey what other studies have found elsewhere. Megan’s Law “has no demonstrable effect in reducing sexual reoffenses.”

Megan’s Law struck out on every important area related to protecting the community from sexual offenders. Not only is there no evidence that it reduces sexual reoffenses, Megan’s Law:

Fails to positively impact sex offender rearrest rates,

Fails to change the type of reoffenses or first time offenses that occur, or

Fails to reduce the number of victims involved in sexual offenses.

As the state agency charged with representing those required to register under Megan’s Law, the state public defender agrees completely with the study’s findings and with its ultimate conclusion that “given the lack of demonstrable effect of Megan’s Law on sexual offenses, the growing costs may not be justifiable.”

What is equally remarkable is that other research cited by the New Jersey study, as well as our own experience, shows that Megan’s Law can be “counterproduct ive” to public safety. Notification laws have been found to isolate offenders from normal relationships, undercut their opportunities for housing and employment and subject offenders to threats and assaults.

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by Coolrich

There are two interesting commonalities to three major laws passed by the Federal Government.  These laws are the Jacob Wetterling Act, Megan

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