State v. Bell
2016 Ohio 7363
| Ohio Ct. App. | 2016Background
- Bell sexually abused two foster children; convicted of sexual battery and sexual imposition and sentenced April 8, 2008 to five years in prison with designation as a Tier III sexual offender under SB 10.
- SB 10 retroactively applied to Bell due to crimes occurring before its effective date, later deemed unconstitutional as retroactive by the Ohio Supreme Court.
- After release, Bell was automatically reclassified as a sexually-oriented offender under Megan's Law, but no Megan's Law hearing was conducted by the trial court.
- About a year post-release, the state moved to reclassify Bell as a sexual predator, contending SB 10 retroactive application was improper; Bell challenged the court’s jurisdiction.
- Trial court permitted briefing and conducted a hearing, considering prior investigation materials and a risk assessment; the court designated Bell a sexual predator.
- This appeal challenges (1) jurisdiction to reclassify post-release, (2) designation as a sexual predator, and (3) improper retroactive registration requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to reclassify after release | Bell argues no jurisdiction post-release | State argues Megan's Law applies and hearing proper | Trial court had jurisdiction under Megan's Law; valid hearing permitted |
| Designation as sexual predator supported by evidence | Bell contends insufficient clear and convincing evidence | State shows multiple factors indicating likelihood to offend | Clear and convincing evidence supports predator designation |
| Retroactive registration requirements improper | Current registration rules cannot apply to pre-SB10 offenses | State may require current registration standards for predators | Remanded to limit registration to Megan's Law provisions; retroactive aspects invalid |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactive SB 10 unconstitutional; applies Megan's Law for pre-SB10 offenses)
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (reclassification issues; collateral consequences of classification are remedial)
- State v. Wyant, 2004-Ohio-6663 (12th Dist. Madison No. CA2003-08-029) (timeframe for hearings is directory; does not divest jurisdiction)
- State v. Wilson, 2007-Ohio-2202 (Ohio Supreme Court) (reinstated predator determination despite delay post-release)
- In re Von, 2016-Ohio-3020 ("-") (remanded for Megan's Law classification application)
- State v. Bellman, 86 Ohio St.3d 208 (1999) (timing of predator hearing is not jurisdictional)