TDZ
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- Apr 19, 2011
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Should the following become law in Ohio?
Currently, under ORC 2950 a Sexual Offender is required to register and that individual under Ohio Law can NOT live within a specified distance of a school or daycare facility, however, this is where the law falls short. It is common knowledge (you can look this up if you like) that sexual offenders are the 2nd highest group likely to reoffend (only drug offenders are higher) and that the vast majority of sexual crimes take place inside the residence of the offender. Unfortunately the law does nothing to deal with this 2nd fact. This is why we are asking all the Ohio Republican Senators to ban together and introduce a bill into the Ohio Senate that puts real teeth into ORC 2950 via a major revision. We are requesting:
1. Keep the school/daycare but increase the distance to 5,250 feet. That is one circular mile and will ensure anyone who wants a sexual offender/predator free neighborhood that very thing by their simply moving to within a reasonable distance of a school. This will help many parents and children sleep at night. (We are open to compromise on this, but the distance needs to increase, this will create RSO free neighborhoods.)
2. Include in ORC 2950 a ban on Registered Sex Offenders on living with any minors. A minor being defined under this law as any person who has not yet achieved the age of eighteen (18) years of age. This law needs to allow NO exceptions to familial status. It does NOT matter if they are the children of the RSO (Registered Sex Offender), nieces, nephews, cousins, siblings or the children of relatives or the children of a friend, significant other (boyfriend/girlfriend) and so on. (Please consider all possible scenarios that could exist when writing it, including a woman who is an RSO and becomes impregnated once that child is born.)
3. In the event that an RSO lives with or attempts to live with, (attempt being defined as applying for residency by filling out a rental application, purchase agreement, requesting verbally or in writing via handwritten, typed and/or electronic communications, to move into a residence that has children and lives with being defined any building that has any minors {this will include apartment buildings and duplexes, multi-family dwellings where the RSO rents one unit but children are residing in the same building in a different apartment}) (Can we include a hotel/motel/inn as a place of residence in this regardless of the length of the stay or perhaps give those individuals the right to ban RSO's from their property if they so choose to and if they violate charge them the same as if they attempted to reside with minors? I don't know, that's up to you guys.) (It is the responsibility of the RSO to advise the individual they are seeking housing with/from in writing that they are an RSO and what that they can NOT reside at that location if a minor is resides there) that this person be found guilty of a felony in the first (1) degree under this state statute and that the presiding judge be forced to sentence the RSO to the following:
A. Five (5) years mandatory minimum up to a maximum of life in a state prison institution.
B. No possibility of parole before Five (5) years of the sentence is served and or 67% of the sentence is served if presiding judge sentences the RSO to a term longer than Five (5) years. (If an RSO is sentenced to 100 months then the RSO must serve a minimum of 67 months before parole eligibility however an RSO sentenced to 6 years will have to serve a minimum of 1,825 days even though 67% of 6 years is only 1,576 due to the 5 year minimum no matter what before they can be considered for parole.)
1) Any RSO who violates this statute can not apply for or appear before any parole board prior to their serving their minimum sentence. Any RSO that violates this statute must first serve either 5 years or 67% of their sentence, whichever is greater, prior to appearing before a parole board to be considered for release.
C. That any RSO who violates this order be automatically determined to be a Sexual Predator with maximum monitoring upon release.
D. That any RSO who violates this law and is paroled or released from prison after serving their sentence be subject to life on parole with maximum supervision.
E. That any RSO who violates this law be ordered upon release from prison to wear while on parole an electronic monitoring device at all times that will display to local law enforcement at all times their location and the RSO's history of locations.
4. In the event that an RSO is found guilty of this statute and they are sentenced to prison and released and they violate this statute a second time the following penalty shall be enforced:
A. The RSO who violates this law shall be found guilty as a Repeat Sexual Predator and subject to Life in a state prison insitution with NO chance of parole whatsoever. This is a mandatory sentence and shall not be eligible for a reduction for any reason whatsoever.
5. In the event that an RSO is charged with violating this statute the Prosecuting Attorney does NOT have the power to plead the case down to a lesser charge. The case MUST be enforced under this statute and prosecuted as this statute outlines. (YES, WE ARE ASKING THAT NO PLEAD DEALS BE ALLOWED UNDER THIS STATUTE, THESE ARE OUR KIDS AND WE NEED TO PROTECT THEM.)
6. That any RSO who violates this statute while awaiting be trial be subject to a minimum mandatory cash bail/bond requirement. (**Personally, we'd like to see this number as a few million dollars however realize that might be considered extreme/unreasonable so we leave that to the Senators to decide what is a reasonable minimum bail/bond.) Any RSO who is charged under this statute is NOT eligible to be released on their Own Recognizance regardless of their connections to the community and so on.
7. That any individual who has been convicted and labeled as an RSO, regardless of when their conviction was, be advised of this statute and the guidelines of this statute concerning their housing and that they are subject to this statute. (Otherwise, grandfather all of them into this, we know you guys can do this.)
8. That any RSO from another state upon registering in Ohio shall be given a copy of this statute and advised that they are subject to it at all times while in the state of Ohio.
9. That any RSO who violates this statute and then flees to another state or country be subject to immediate extradition to Ohio to stand trial for said violation.
10. That any RSO who violates this statute and is awaiting trial and is freed upon placement of bail/bond and fails to appear for any hearing/trial date set forth by the court shall at that time have their bail/bond immediately revoked, a warrant issued for their immediate arrest and the complete forfeiture of the bail/bond to the presiding court and be ineligible bail/bond to be placed again, instead they shall be held for remand until such time as their is a final disposition on said violation.
11. That any RSO who violates this statute and any other statutes and is charged with said violations and stands trial for said violations and is found to be guilty of this said statute and any other statute must serve their sentences consecutively and is not under any circumstances or conditions eligible for said sentences to be served concurrently. All sentences imposed by the courts for violation of this statute shall be served prior to sentence commencing for any other statute violations.
So, should Ohio and other states pass legislation like the above to protect kids from predators or not?
Currently, under ORC 2950 a Sexual Offender is required to register and that individual under Ohio Law can NOT live within a specified distance of a school or daycare facility, however, this is where the law falls short. It is common knowledge (you can look this up if you like) that sexual offenders are the 2nd highest group likely to reoffend (only drug offenders are higher) and that the vast majority of sexual crimes take place inside the residence of the offender. Unfortunately the law does nothing to deal with this 2nd fact. This is why we are asking all the Ohio Republican Senators to ban together and introduce a bill into the Ohio Senate that puts real teeth into ORC 2950 via a major revision. We are requesting:
1. Keep the school/daycare but increase the distance to 5,250 feet. That is one circular mile and will ensure anyone who wants a sexual offender/predator free neighborhood that very thing by their simply moving to within a reasonable distance of a school. This will help many parents and children sleep at night. (We are open to compromise on this, but the distance needs to increase, this will create RSO free neighborhoods.)
2. Include in ORC 2950 a ban on Registered Sex Offenders on living with any minors. A minor being defined under this law as any person who has not yet achieved the age of eighteen (18) years of age. This law needs to allow NO exceptions to familial status. It does NOT matter if they are the children of the RSO (Registered Sex Offender), nieces, nephews, cousins, siblings or the children of relatives or the children of a friend, significant other (boyfriend/girlfriend) and so on. (Please consider all possible scenarios that could exist when writing it, including a woman who is an RSO and becomes impregnated once that child is born.)
3. In the event that an RSO lives with or attempts to live with, (attempt being defined as applying for residency by filling out a rental application, purchase agreement, requesting verbally or in writing via handwritten, typed and/or electronic communications, to move into a residence that has children and lives with being defined any building that has any minors {this will include apartment buildings and duplexes, multi-family dwellings where the RSO rents one unit but children are residing in the same building in a different apartment}) (Can we include a hotel/motel/inn as a place of residence in this regardless of the length of the stay or perhaps give those individuals the right to ban RSO's from their property if they so choose to and if they violate charge them the same as if they attempted to reside with minors? I don't know, that's up to you guys.) (It is the responsibility of the RSO to advise the individual they are seeking housing with/from in writing that they are an RSO and what that they can NOT reside at that location if a minor is resides there) that this person be found guilty of a felony in the first (1) degree under this state statute and that the presiding judge be forced to sentence the RSO to the following:
A. Five (5) years mandatory minimum up to a maximum of life in a state prison institution.
B. No possibility of parole before Five (5) years of the sentence is served and or 67% of the sentence is served if presiding judge sentences the RSO to a term longer than Five (5) years. (If an RSO is sentenced to 100 months then the RSO must serve a minimum of 67 months before parole eligibility however an RSO sentenced to 6 years will have to serve a minimum of 1,825 days even though 67% of 6 years is only 1,576 due to the 5 year minimum no matter what before they can be considered for parole.)
1) Any RSO who violates this statute can not apply for or appear before any parole board prior to their serving their minimum sentence. Any RSO that violates this statute must first serve either 5 years or 67% of their sentence, whichever is greater, prior to appearing before a parole board to be considered for release.
C. That any RSO who violates this order be automatically determined to be a Sexual Predator with maximum monitoring upon release.
D. That any RSO who violates this law and is paroled or released from prison after serving their sentence be subject to life on parole with maximum supervision.
E. That any RSO who violates this law be ordered upon release from prison to wear while on parole an electronic monitoring device at all times that will display to local law enforcement at all times their location and the RSO's history of locations.
4. In the event that an RSO is found guilty of this statute and they are sentenced to prison and released and they violate this statute a second time the following penalty shall be enforced:
A. The RSO who violates this law shall be found guilty as a Repeat Sexual Predator and subject to Life in a state prison insitution with NO chance of parole whatsoever. This is a mandatory sentence and shall not be eligible for a reduction for any reason whatsoever.
5. In the event that an RSO is charged with violating this statute the Prosecuting Attorney does NOT have the power to plead the case down to a lesser charge. The case MUST be enforced under this statute and prosecuted as this statute outlines. (YES, WE ARE ASKING THAT NO PLEAD DEALS BE ALLOWED UNDER THIS STATUTE, THESE ARE OUR KIDS AND WE NEED TO PROTECT THEM.)
6. That any RSO who violates this statute while awaiting be trial be subject to a minimum mandatory cash bail/bond requirement. (**Personally, we'd like to see this number as a few million dollars however realize that might be considered extreme/unreasonable so we leave that to the Senators to decide what is a reasonable minimum bail/bond.) Any RSO who is charged under this statute is NOT eligible to be released on their Own Recognizance regardless of their connections to the community and so on.
7. That any individual who has been convicted and labeled as an RSO, regardless of when their conviction was, be advised of this statute and the guidelines of this statute concerning their housing and that they are subject to this statute. (Otherwise, grandfather all of them into this, we know you guys can do this.)
8. That any RSO from another state upon registering in Ohio shall be given a copy of this statute and advised that they are subject to it at all times while in the state of Ohio.
9. That any RSO who violates this statute and then flees to another state or country be subject to immediate extradition to Ohio to stand trial for said violation.
10. That any RSO who violates this statute and is awaiting trial and is freed upon placement of bail/bond and fails to appear for any hearing/trial date set forth by the court shall at that time have their bail/bond immediately revoked, a warrant issued for their immediate arrest and the complete forfeiture of the bail/bond to the presiding court and be ineligible bail/bond to be placed again, instead they shall be held for remand until such time as their is a final disposition on said violation.
11. That any RSO who violates this statute and any other statutes and is charged with said violations and stands trial for said violations and is found to be guilty of this said statute and any other statute must serve their sentences consecutively and is not under any circumstances or conditions eligible for said sentences to be served concurrently. All sentences imposed by the courts for violation of this statute shall be served prior to sentence commencing for any other statute violations.
So, should Ohio and other states pass legislation like the above to protect kids from predators or not?