Posting #232 – HUGE NEWS!  Ohio Supreme Court Says it’s Unconstitutional to Reclassify Sex Offenders. 26,000 RSO’s Will Now Be Returned to Their Original Classification.

Date:  06/05/2010

On June 3, 2010, the Ohio Supreme Court struck down a provision of the state's 2007 sex-offender law, saying it is unconstitutional for the state to reclassify sexual offenders convicted under a previous statute.
The ruling means additional reporting requirements imposed on 26,000 sex offenders in Ohio are rescinded, and their requirements return to what they were before the Adam Walsh Act was passed.

This is HUGE! The Ex Post Facto (Retroactive laws) portion of the U.S. Constitution is finally being upheld on Sex Offender issues.
Based on this Ohio decision if any RSO here in Virginia wants to hire a lawyer and take a challenge to the Virginia Supreme Court for being reclassified from “Non-violent” to “Violent” by the Virginia General Assembly in either 2006 or 2008 you'd now have the win in Ohio to back up your challenge.

This is all it takes. Just one person to challenge a portion of the Virginia registry, the Virginia restrictions or regulations or the Virginia classification system and EVERYONE would benefit.

The day after the courts decision, the Ohio Attorney General is already working on reversing the 26,000 reclassifications that occurred in their state back in 2008.
  
By the way Ohio was the first state to become SORNA compliant last year and Delaware and Florida JUST became compliant last month. If a SORNA complaint state can get an unconstitutional ruling in their Supreme Court, why can't Virginia?

RSOL of Virginia

Ohio to Begin Sex Offender Reclassifications, June 4, 2010:
http://www.daytondailynews.com/news/ohio-news/ohio-to-begin-sex-offender-reclassifications-746020.html

Reaction Mixed as Some of Walsh Law Ruled Unconstitutional, June 4, 2010:
http://www.lancastereaglegazette.com/article/20100604/NEWS01/6040308

Court Rejects Part of Sex Offender Law, June 4, 2010:
Ohio Supreme Court change will affect the status for 26,000 in the state
http://www.daytondailynews.com/news/crime/court-rejects-part-of-sex-offender-law--745411.html

Court Rules Against State's Sex Offender Rules, June 4, 2010:
http://www.chillicothegazette.com/article/20100604/NEWS01/6040308

Justices Give Break to 26,000 Ohio Sex Offenders, June 3, 2010:
Court says reclassification in 2008 under new law was wrong
http://www.dispatch.com/live/content/local_news/stories/2010/06/03/a-sex-offender.html?sid=101

Ohio Court: Revert To Old Sex Offender Classes, June 3, 2010:
http://www2.nbc4i.com/news/2010/jun/03/ohio-court-revert-old-sex-offender-classes-ar-96664/