Cerniglia v. Oklahoma Department of Corrections
2013 OK 81
| Okla. | 2013Background
- Carol L. Cerniglia was convicted in Oklahoma on April 30, 1999, of permitting child sex abuse and sentenced to 15 years; she was physically released in May 2005 and began registering May 23, 2005.
- SORA (Sex Offenders Registration Act) originally required registration periods tied to laws in effect at conviction/release; amendments effective Nov. 1, 2007, created a three-tier risk-level system (level 3 = lifetime, level 1 = 15 years).
- After the 2007 amendments, the Oklahoma Department of Corrections assigned Cerniglia a level 3, which would convert her registration to lifetime.
- Cerniglia petitioned (Oct. 30, 2009) to reduce her level to level 1 and to be limited to 10 years of registration under the law in effect at the time of her conviction; the trial court (May 17, 2011) ordered she register only 10 years from release and reduced her assigned level to level 1.
- The Department appealed, arguing courts lack authority to reduce level assignments and that level assignments tied to qualifying convictions mandate level 3 when the statute so provides.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SORA level assignments (2007 scheme) apply retroactively to Cerniglia, convicted in 1999 | Cerniglia argued the law in effect at her conviction controls, so the 10-year requirement applies and level-assignment scheme should not be applied to her | Department argued the level assignment applied to her and the court cannot reduce an assigned level | Court held level-assignment scheme is prospective; it does not apply to convictions occurring before the 2007 effective date, so Cerniglia is governed by the law in effect at her 1999 conviction |
| Whether a court may override or reduce an assigned risk level for someone assigned level 3 after 2007 | Cerniglia sought an override/reclassification (to level 1) as part of relief | Department contended courts lack authority to reduce an assigned level (citing statutory language added Nov. 1, 2009) | Court held an override was unnecessary because level assignments did not apply to Cerniglia; affirmed 10-year registration but reversed any application of level classifications to her |
| Proper registration period for an Oklahoma conviction pre-dating level system | Cerniglia argued registration period is governed by law at conviction (10 years after release) | Department argued post-amendment rules could extend registration (e.g., lifetime if assigned level 3) | Court held the registration period is governed by the law at the time of conviction (10 years from release for Cerniglia) |
| Timing of when a person becomes subject to SORA for purposes of which statutory version controls | Cerniglia: conviction date in Oklahoma makes her subject at conviction | Department: (implicit) later events or assignment could subject her to later amendments | Court reaffirmed that for persons convicted in Oklahoma, SORA applies as of conviction; applicable version is the statute in effect when the person became subject to SORA |
Key Cases Cited
- Starkey v. Oklahoma Dept. of Corrections, 305 P.3d 1004 (Okla. 2013) (SORA level-assignment scheme is prospective; applicable SORA version is the one in effect when person becomes subject to registration)