Columbus – State Senator Shirley Smith (D-Cleveland) gave sponsor testimony today on legislation that she has introduced to strengthen Ohio’s Tier III sex offender notification law. The bipartisan bill is supported by Cuyahoga County Sheriff Bob Reid and the Buckeye State Sheriffs Association.
“Last fall, my city was paralyzed by rage and disbelief when the remains of 11 females were discovered buried in and around the home of Anthony Sowell, a registered sex offender, who lived on Imperial Avenue in Cleveland, south of my district,” Senator Smith explained during testimony. “Like all other sex offenders, he was reclassified on January 1, 2008 as part of the state’s compliance with the federal Adam Walsh Act. Sowell went from being a low-level offender to a Tier III sex offender, the most serious level in the new system. However, Sowell did not move residences after being reclassified, so the Cuyahoga County sheriff had no authority to notify the community about his new Tier III status. ”
Senator Smith’s legislation requires sheriffs to check each Tier III sex offender’s files to verify that notification has been sent. If notification has not been sent, the bill mandates that sheriffs do so. The bill also would remove the authority of judges to exempt any Tier III sex offender from the notification laws, as determined in the recent Ohio Supreme Court decision, State v. McConville.
“I am grateful that the Chairman agrees with me that we need to address these issues, especially in light of the Supreme Court’s decision,” Senator Smith said after committee. “The murders on Imperial Avenue and the recent Supreme Court ruling compel us to strengthen Ohio’s sex offender notification laws. S.B. 237 does this.”
“Last fall, my city was paralyzed by rage and disbelief when the remains of 11 females were discovered buried in and around the home of Anthony Sowell, a registered sex offender, who lived on Imperial Avenue in Cleveland, south of my district,” Senator Smith explained during testimony. “Like all other sex offenders, he was reclassified on January 1, 2008 as part of the state’s compliance with the federal Adam Walsh Act. Sowell went from being a low-level offender to a Tier III sex offender, the most serious level in the new system. However, Sowell did not move residences after being reclassified, so the Cuyahoga County sheriff had no authority to notify the community about his new Tier III status. ”
Senator Smith’s legislation requires sheriffs to check each Tier III sex offender’s files to verify that notification has been sent. If notification has not been sent, the bill mandates that sheriffs do so. The bill also would remove the authority of judges to exempt any Tier III sex offender from the notification laws, as determined in the recent Ohio Supreme Court decision, State v. McConville.
“I am grateful that the Chairman agrees with me that we need to address these issues, especially in light of the Supreme Court’s decision,” Senator Smith said after committee. “The murders on Imperial Avenue and the recent Supreme Court ruling compel us to strengthen Ohio’s sex offender notification laws. S.B. 237 does this.”
