In re R.D.
2017 Ohio 589
| Ohio Ct. App. | 2017Background
- In 2005 R.D., age 14, admitted to rape and was adjudicated delinquent; committed to DYS until age 21.
- In 2009 the juvenile court classified him as a Tier III sex offender under S.B. 10 (Adam Walsh Act) and required lifetime juvenile registration; court later said it would review community-notification in five years.
- This court vacated the original classification in 2010 and remanded for a new hearing to apply statutory factors; on remand the court reclassified R.D. as Tier III but withheld community notification in 2011.
- After State v. Williams (Ohio Supreme Court held S.B. 10 cannot be applied retroactively), R.D. moved in 2016 to vacate his juvenile sex-offender classification as void; the State argued he should instead be classified as a "sexually oriented offender" under pre–S.B. 10 Megan’s Law.
- The juvenile court denied R.D.’s 2016 motion; R.D. appealed, arguing the juvenile court lost jurisdiction when he turned 21 in 2011 and thus could not reclassify him in 2016.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether S.B. 10 classification is void for pre–S.B. 10 offenses (retroactivity) | R.D.: S.B. 10 cannot be applied retroactively; classification is void (Williams). | State: initially argued reclassification under Megan’s Law could attach as a matter of law. | Court: Agreed S.B. 10 application to pre–act offenses is void per Williams; original Tier III classification was void. |
| Whether juvenile court had jurisdiction to reclassify R.D. in 2016 after he turned 21 | R.D.: Juvenile court’s jurisdiction ended at 21 (R.C. §2152.02(C)(6)); any 2016 classification is void. | State: argued juvenile court could treat him as sexually oriented offender under Megan’s Law without a hearing and that classification attached by law. | Court: Juvenile court lacked jurisdiction after R.D. turned 21 (Aug 25, 2011); the 2016 reclassification was void and must be vacated. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (S.B. 10 cannot be applied retroactively to offenses committed before its enactment)
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio 2010) (addressed reclassification and constitutional limits of S.B. 10 provisions)
- State v. Cook, 83 Ohio St.3d 404 (Ohio 1998) (describes Megan’s Law classification scheme and notification/registration framework)
- Bernardini v. Conneaut Area City School Dist. Bd. of Edn., 58 Ohio St.2d 1 (Ohio 1979) (plain statutory-language application rule)