Frequently Asked Questions
about
Senate Bill 10—Ohio’s Adam Walsh Act
Disclaimer:
These FAQs are meant to provide basic background information about
Senate Bill 10 and the Adam Walsh Act. The information on this
page is not legal advice specific to your case. If you need legal
advice about your case, please contact an attorney.
Click on a question below, or scroll down to
see all the questions and answers.
Q:
I just received a reclassification letter from the Attorney General’s
office. What do I do now?
A:
From the day you receive your reclassification letter, you have 60
days to file a motion requesting a hearing to challenge your new
classification and registration requirements. Please contact the
public defender, court-appointed attorney, or privately-retained
attorney who represented you at trial, and ask whether that person can
assist you in filing the motion for a challenge hearing. If you
cannot find an attorney to assist you, you can file the motion for a
challenge hearing on your own (this is known as a
pro se motion).
Click here for a sample pro se motion that you can print
out, fill in the blanks, and file with your court. (Click
here for a Rich Text Format version)
Q:
Do I need to hire a lawyer?
A: If you are financially able to, you should consult with a lawyer.
The Adam Walsh Act is a new and very complicated law that a lawyer can
help you understand. A lawyer can also help you petition the court
for your challenge hearing, and represent you during that hearing.
Q:
Can I have a public defender or appointed counsel for my challenge
hearing?
A: If you were classified as an adult: Senate Bill 10 does
not give you the right to have a public defender or appointed counsel
represent you during your challenge hearing. However, if you were
represented by a public defender or appointed counsel during your
original case, you may want to contact them and ask whether they will
represent you again. Even though Senate Bill 10 does not specifically
provide you with representation if you are indigent, some courts may be
willing to appoint counsel for you anyway.
If you were classified as a juvenile:
You do have the right to be represented by a public
defender or appointed counsel. Ohio Revised Code section 2151.352
grants you the right to counsel at all stages of juvenile court
proceedings. If you wish to challenge your reclassification, ask
the court to appoint counsel for you under R.C. 2151.352. If the
court refuses to appoint counsel for you, tell the court that you object
to being denied your right to counsel. After you object, you will
probably have to proceed with the hearing without an attorney. If
you want to file an appeal because you were denied counsel, please
contact the Juvenile Section at the Office of the Ohio Public Defender
immediately after your hearing.
Q:
What legal challenges can be
brought against reclassification?
A: Senate Bill 10 only allows you to challenge your reclassification
if there is an error. For example, if you were convicted of gross
sexual imposition, but your reclassification letter says you were
convicted of rape, that is clearly an error. You can use your
challenge hearing to correct this error.
There are also constitutional issues that your reclassification raises.
Although Senate Bill 10 does not say that you can raise these
constitutional issues during your challenge hearing, you may wish to do
so. Please consult with your lawyer, or ask the judge to appoint a
lawyer for you so that you may raise these constitutional issues.
If you were not previously subject to community notification and that
has changed as a result of your new classification, you can challenge
that at the hearing as well.
Click here for a sample pro se motion you can file to challenge your
community notification requirement. (Click
here for a Rich Text Format version)
Q: What information will I have to provide to
the sheriff’s office?
A: You will have to provide the sheriff with much more information
than you used to provide, including all of the following:
- Name and any aliases
- Social Security Number
- Date of birth
- Address
- Name and address of any
employer
- Name and address of any
school attended
- Photograph
- Copies of any and all
travel or immigration documents
- Drivers license or State
ID number
- License plate number for
each vehicle owned, driven for work, or regularly available
- Storage location of all
vehicles
- Description of any
professional or occupational license, permit or registration
- Any email address, internet name or phone number that you use or is
registered to you
The sheriff’s office will provide you with a form asking for all of this
information, that you will have to complete, sign, and return to the
sheriff’s office.
Q: Will my registration information be
available on the internet?
A: Much of your registration information will be included on the
Ohio Attorney General’s website, eSORN. That website, in turn,
will be linked to a national website of sex offender registration
information. Some of the information you submit to the sheriff’s
office, such as your Social Security number, will not be posted online.
Q: What happens if I don’t register
properly?
A: It is more important than ever that you register properly and
verify your information every time you’re required to. The
penalties for failure to register are much higher now, and are tied to
the level of your underlying offense. For example, if you are
registering because of a conviction for Felony 1 rape, your failure to
register will also be a Felony 1. If you are registering because
of a conviction for a Felony 3 GSI, your failure to register will be a
Felony 3.
Q:
How long will I have to register?
A: If you were classified as an adult and you are reclassified as:
Tier I: 15 years
Tier II: 25 years
Tier III: lifetime
If you were classified as a
juvenile and you are reclassified as:
Tier I: 10 years
Tier II: 20 years
Tier III: lifetime
Q:
How often will I have to check in with the
county sheriff?
A: If you are reclassified as:
Tier I: once a year (every
365 days)
Tier II: twice a year (every
180 days)
Tier III: four times a year (every 90 days)
Q:
Will my neighbors be notified of my new
classification?
A:
Under the new law, only Tier III registrants are subject to
community notification. If you were not subject to community
notification but have been reclassified as a Tier III, a judge can
relieve you of the community notification requirement.
Q: Does the age of the victim affect which Tier
someone will be placed in?
A: No. The age of the victim may affect which offense someone
is charged with. For example, R.C. 2907.05(A)(4) is gross sexual
imposition on a victim under the age of 13. That offense then
determines which Tier someone is placed in. But the age of the
victim alone does not move someone from one Tier to another, or
automatically place someone into a certain Tier.
Q: Will a juvenile under the age of 14 be
classified?
A: No. Only juveniles who are age 14 or older at the time of
their offense can be classified. Keep in mind, however, that
if a juvenile is adjudicated for a sex offense before they are 14, and
commits another sex offense after they are 14, they will be considered a
repeat offender when they are classified.
Q: Where can I get more information?
A: The Office of the Ohio
Public Defender has a webpage with information about the Adam Walsh Act
and Senate Bill 10:
http://www.opd.ohio.gov/AWA_Information/Adam_Walsh.htm. Please
check this webpage regularly, as we will update it anytime there are
developments or when new information becomes available.
You can also call the Office
of the Ohio Public Defender at 1-800-686-1573, or write:
Office of the Ohio Public
Defender
250 East
Broad Street - Suite 1400
Columbus, OH 43215
The Ohio Justice & Policy
Center:
http://www.ohiojpc.org/main.html
513-421-1108
contact@ohiojpc.org
The Ohio Attorney General’s office has an eSORN help desk:
1-866-406-4534.
Your local public defender
office, court, or sheriff’s office may also be able to provide more
information.
"In the
part of this universe that we know there is great
injustice, and often the good suffer, and often the
wicked prosper, and one hardly knows which of those is
the more annoying"
Bertrand Russell
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