Ohio Department of Rehabilitation and Corrections

Kara Peterson, Assistant Chief

Bureau of Community Sanctions

770 West Broad Street

Columbus, Ohio 43222

RE:  The Good Samaritan Home         

         116 Ludlow Street  Greenville Ohio 45331

         Contract for Independent Housing

In Your Work requirements Section I number 12, you state the following:

Offeror will provide documentation of support for the Community Residential Center by local elected officials, law enforcement and community members living in the neighbourhood where the proposed facility is to be located. (Examples of persons from which to gain documented support include city council members, mayor, county commissioners, Sheriff’s department, police chief, neighbourhood association, ministerial association etc.).

The Good Samaritan Home last had support letters from 2007 and was from a local judge, and a few community organizations of which were on the board of directors for the home.  There were no letters of support from any direct neighbours where the IH is located in the residential neighbourhood.

The Good Samaritan Home has caused many concerned residents, public officials and school officials to re-evaluate the current ordinances for the city. The schools have re-directed bus routes over the past three years to ensure the safety of the children. This home at 116 Ludlow is in very close proximity to the state boundaries of our area parks and schools.

While we understand that the law permits registered sex offenders to live in the community (subject to certain parameters in regards to proximity to schools, parks, etc.), we are deeply troubled by the apparent concerted effort and decision by the state to award a contract that is located in a residential area just over the state 1000 foot requirement and a few blocks from the City Park where children congregate year round. Further that The Good Samaritan Home does not have the support of his neighbours which feel this Independent Home has resulted in an unfair and disproportionate concentration of these individuals in the area. Our city has recently passed the following ordinance that your office was aware of and in spite of awarded the contract:

Greenville, OH Code of Ordinances

CHAPTER 662

Residency Restrictions Relating to Sex Offenders

 662.01     Determination and intent.

 662.02     Definitions.

 662.03     Residential restrictions.

 662.04     Exception.

 662.05     Injunctive relief.

662.01  DETERMINATION AND INTENT.

      The determinations and intent articulated in, and adopted by, the

mandate of Ohio R.C. 2950.02 are hereby and herein adopted by reference, as if fully rewritten herein.

(Ord. 11-10.  Passed 2-8-11.)

662.02  DEFINITIONS.

     The following words and phrases, as employed herein, shall have the

following definitions and meanings:

     (a)     "Child day-care center" shall have the same meaning as in

Ohio R.C. 5104.01;

     (b)     "Child-victim offender" shall mean any person who has been

convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a

child-victim oriented offense, as defined in Ohio R.C. 2950.01(D);

     (c)     “Child-victim oriented offense" shall have the same

meaning as defined in Ohio R.C. 2950.01(C);

     (d)     "Day care" shall mean either a "Type A Family Day Care

Home, as defined in Ohio R.C. 5104.01(RR), or a "child day-care center", as

defined in Ohio R.C. 5104.01(L);

     (e)     "Library" shall mean a building, room or series of rooms

housing a collection of books, magazines, publications and/or other paper or

electronic writings or communications, for use by the public, and such other

meaning as is customarily associated with such term;

     (f)     "Park or playground" shall mean any improved or unimproved

lands, buildings, or other premises owned, leased or controlled by the City

which are used for, or designated as, a playground, park, parkland, swimming pool, sporting facility, or arena that are open for the use by members of the general public; or, those approved or unimproved lands, buildings and other premises which are privately owned, leased or controlled and used for the conduct of youth-oriented sports or other organized youth-oriented events;

     (g)     "Preschool" shall have the same meaning as defined in Ohio

R.C. 2950.034;

     (h)     "Preschool or child day-care center premises" shall have

the same meaning as defined in Ohio R.C. 2950.034;

     (i)     "Residential premises" shall have the same meaning as in

Ohio R.C. 2950.01(T); and

     (j)     "Residential unit" shall have the same meaning as in Ohio

R.C. 2950.01(U).

     (k)     "School" means any school operated by a board of

education; any school charted under Ohio R.C. 3301.16, any community school, established under Ohio R.C. Chapter 3314; and, any non-chartered school that during the preceding year filed with the Ohio Department of Education in compliance with Ohio Administrative Code Section 3301-35-08, a copy of the school's report for the parents of its pupils, certifying that the school meets the State of Ohio's minimum standards for non-chartered,

non-tax-supported schools; or, any non-public school for which the State

Board of Education prescribes minimum standards under Ohio R.C. 3301.07;

     (l)     "School building" means any building in which any of the

instruction, extracurricular activity or training provided by a school is

conducted, whether or not any instruction, extracurricular activity or

training are being conducted at or in the school building;

     (m)     "School premises" shall mean either of the following:

          (1)     The parcel of real property on which any school is

situated, whether or not any instruction, extracurricular activity or

training provided by the school is being conducted on the premises; or

          (2)     Any other parcel of real property that is owned,

leased or controlled by (i) a board of education of a school; (ii) the

governing body of a school for which the State Board/Department of Education prescribes minimum standards under Ohio R.C. 3301.07; (iii) the governing body of a community school established under Ohio R.C. Chapter 3314; or, (iv) the governing body of a non-public school for which the State

Board/Department of Education prescribes minimum standards under Ohio R.C. 3301.07; and on which some of the instruction, extracurricular activity or training provided by the school is being conducted, whether or not any

instruction, extracurricular activity or training provided by the school is

being conducted on the premises;

     (n)     "Sex offender" shall have the same meaning as in Ohio R.C.

2950.01(B);

     (o)     "Sexually-oriented offense" shall have the same meaning as

in Ohio R.C. 2950.01(A);

     (p)     "Tier I sex offender/child-victim offender" shall have the

same meaning as in Ohio R.C. 2950.01(E);

     (q)     "Tier II sex offender/child-victim offender" shall have

the same meaning as in Ohio R.C. 2950.01(F);

     (r)     "Tier III sex offender/child-victim offender" shall have

the same meaning as in Ohio R.C. 2950.01(G);

(Ord. 11-10.  Passed 2-8-11.)

662.03  RESIDENTIAL RESTRICTIONS.

     No person who has been convicted of, is convicted of, has pleaded

guilty to, or pleads guilty to either a sexually-oriented offense or a

child-victim oriented offense, and who has been classified as a sex offender,

a child-victim offender, tier I sex offender/child-victim offender, tier II

sex offender/child-victim offender, or tier III sex offender/child-victim

offender shall, subsequent to the effective date of this chapter, establish a

residence or occupy residential premises or a residential unit within 1,500

feet of any school, school premises, school building, preschool, preschool or

child-care center premises, child-care center premises, library, park or

playground.

(Ord. 11-10.  Passed 2-8-11.)

662.04  EXCEPTION.

      The provisions of this chapter shall not apply to any person who, due

to age-related, or health-related causes, is required to reside, or be cared

for, in a nursing home, long-term care facility, hospice care facility,

physical rehabilitation facility, respite care facility, or other similar

facility.

(Ord. 11-10.  Passed 2-8-11.)

662.05  INJUNCTIVE RELIEF.

     If a person to whom Section 662.03 applies violates any provision of

this chapter, the City shall have a cause of action for injunctive relief

against such person, or any other person who shall knowingly aid, assist or

abet any person to whom Section 662.03 applies to violate any provision of

this chapter, and the City shall not be required to establish irreparable

harm in order to obtain such injunctive relief.

(Ord. 11-10.  Passed 2-8-11.)

We feel that the State DRC allowing this contract with Good Samaritan Home to house registered sex offenders to this area, endangers the welfare of our residents and children, and has an overall negative impact on our community. The disproportionate placement of these individuals in our community has a disparate negative impact on the quality of life of our local residents and taxpayers, on their property values, and exposes our residents to unacceptable levels of danger resulting from the high concentration of these individuals in the community.

We are asking the Ohio Department of Corrections to revoke the contract to Good Samaritan effective immediate and stop allowing our city and community to be a dumping ground for sex offenders.

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