In re E.S., 2012 Ohio 1363

E.S. was adjudicated delinquent for an act on July 28, 2007 that could be a sexual-imposition offense if committed by an adult.
At the November 13, 2007 dispositional hearing, the magistrate classified E.S. as a juvenile sex-offender registrant under Megan's Law, noting SB10 would uplift the presumption and that E.S. would be a Tier I offender as of January 1, 2008.
The trial court overruled E.S.'s objections to the magistrate's classification decision, and E.S. appealed the C-110490 classification.
On December 7, 2010, the magistrate continued E.S.'s Tier I juvenile sex-offender classification under SB10; objections were heard, and the trial court overruled.
In 2011, the Ohio Supreme Court held State v. Williams that SB10 could not be retroactively applied to offenses committed before its enactment, while Megan's Law had been repealed and SB10 had not yet become effective at the time of E.S.’s offense.
Because E.S. committed the offense before SB10’s effective date, the court must consider whether SB10 can be applied; Williams precludes retroactive application to prior offenders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to classify under Megan's Law	E.S. contends Megan's Law was repealed and SB10 not yet effective at offense time.	Megan's Law remained in effect until SB10, which could classify juveniles at disposition.	Overruled; juvenile court had authority under Megan's Law.
Retroactivity of SB10 provisions	SB10 retroactively applies to pre-enactment offenses.	SB10 may be applied retroactively to all offenders.	SB10 cannot be constitutionally retroactively applied to offenses committed before its enactment.
End-of-disposition classification under SB10	If SB10 cannot be applied, end-of-disposition classification under SB10 is improper.	SB10 governs end-of-disposition classifications for SB10 offenders.	Sustained; SB10 cannot be applied to E.S.; remand for Megan's Law hearing.
Remand direction for Megan's Law	The disposition should be consistent with Megan's Law rather than SB10.	Proceed under SB10 end-of-disposition framework.	Remanded for end-of-disposition hearing under Megan's Law; SB10 classification reversed for E.S.
Overall judgment disposition	Judgment under SB10 should be reversed due to retroactivity issue.	Maintain SB10 framework for disposition.	C-110490 affirmed; C-110163 reversed and remanded for Megan's Law procedures.

State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (SB10 retroactivity cannot apply to pre-enactment offenses)