JACKIE NASH Daily Reporter Staff Writer
March 11, 2010
Legislation was introduced this week in the Ohio General Assembly to close gaps in Ohio's Sex Offender Registration and Notification law and help prevent incidents similar to Cleveland's Imperial Avenue murders, a case in which 11 female bodies were discovered in the home of sex offender Anthony Sowell.
Senate Bill 237 would apply SORN Law victim notification and community notification to specified offenders or delinquent children who verify their registered residence address, and for whom such notifications previously have not been provided, and revise the criteria for subjecting offenders and delinquent children to SORN Law community notification.
"In light of Anthony Sowell's criminal acts, many questions have been raised about what could have been done to stop these 11 murders," said Sen. Shirley Smith, D-Cleveland, SB 237's sponsor, in the bill's co-sponsorship request.
Although Sowell had a registered address and was subjected to routine checks to confirm his address, after being released in 2005 from prison, those living in Sowell's community knew nothing about his sex offender classification, Smith said.
"In 1989, Anthony Sowell pleaded guilty to attempted rape and spent 15 years in prison. Under old Ohio laws, he was known as a 'sexually oriented offender' - the lowest sexual classification at the time," Smith explained, adding that at that time, Ohio used a multitier classification system for sex offenders, and the classification was determined by a court.
The state legislature changed these laws in 2007, under the requirement of the federal Adam Walsh Child Protection and Safety Act of 2006, and Ohio adopted a three-tier sex offender classification system based on the severity of a conviction - re-classifying Sowell in January 2008 as a Tier III sex offender, the state's highest classification.
According to Ohio Attorney General Richard Cordray's Guide to Ohio's Sex Offender Registration and Notification Laws, communities and victims of Tier III offenders are required to receive notification whenever an offender relocates to a new address, and offenders are subject to strict address verification, Smith said. Every 90 days, Tier III sex offenders must verify their addresses with their county sheriff's office, she added.
However, because Sowell never moved after his 2008 reclassification, his community never received notice about his sex offender status, she said.
"Neighbors, grade schools, day cares and preschools never received notice. ...If (Sowell) had moved across the street or across town, then notification would have been sent," said Smith. "Unfortunately, this did not happen and an entire community stands in shock of what was secretly perpetrated in their presence."
Police didn't find any evidence of foul play until responding to a rape claim against Sowell in October 2009, which led to the discovery of the victims' bodies in his home.
Under SB 237, sheriff's offices of every Ohio county would be required to verify they've notified communities and victims of Tier III sex offenders' residences or relocations. Additionally, the bill would eliminate a current provision within the Ohio SORN Law that allows a court to rule whether a sex offenders should be subjected to community notification.
Ed Stockhausen, a legislative aide for Smith, explained that this provision is based on Ohio's pre-2007 SORN Law, which did not subject low-level sex offenders to the notification law. However, he said, Smith's office is unaware of any legal action in which the provision has been used.
"In the case of Anthony Sowell, if he had moved, if a court had known about this provision, Sowell could have taken that to the courts," Stockhauser explained, adding that SB 237 would ensure that no sex offender could legally fight the notification requirement.
Similar legislation was introduced in November 2009 by Sen. Nina Turner, D-Cleveland. She introduced Senate Bill 217 to require sex and child-victim offenders to provide proof of residency at that address, and Tier III sex offender and child-victim offenders to verify their registered residence address every 30 days.
Stockhauser said SB 237 has received support from the Buckeye State Sheriffs Association and Cuyahoga County Sheriff Bob Reid, and bipartisan support from eight co-sponsors.
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