Wе decide here that the statutory requirement regarding the timing of the sexual predator hearing is not jurisdictional and a defendant may waive it. We also decide that a defendant who was sentenced for a sexually oriented offense, released prior to July 1, 1997, and not previously required to register
I. Sexual Predator Hearing
R.C. 2950.09(B)(1), part of Ohio’s sexual predator law, provides: “The judge shall conduct the [sexual prеdator] hearing prior to sentencing and, if the sexually oriented offense is a felony, may conduct it as part of the sentencing hearing * * *.” R.C. 2950.09(B)(1).
On the day of Bellman’s sentencing, the parties were unprepared to proceed with the sexual predator hearing. The trial judge noted the requirement to hold the sexual predator hearing prior to sentеncing, but suggested delaying the hearing in order that the parties might prepare for it. Bellman’s counsel agreed to this extеnsion, stating: “I want the record to be perfectly clear I am waiving any defect for the hearing to occur then.”
The court conducted the sexual predator hearing at the later date, as agreed, and adjudicated Bellman a sexual predator. Bellman appealed. The court of appeals reversed the adjudicatiоn, finding, sua sponte, that under the terms of the statute, the trial court had no authority (jurisdiction) to adjudicate Bellman a sexual predatоr after the sentencing hearing was concluded. We differ with the court of appeals on this point.
“As a general rule, a statute providing a time for the performance of an official duty will be construed as directory so far as time for performance is concerned, especially where the statute fixes the time simply for convenience or orderly procedure.” State ex rel. Jones v. Farrar (1946),
Generally, then, it is only where a statutory time requirement evinces an object or purpose to limit a court’s authority that the requirement will be considered jurisdictional. For example, R.C. 2941.401 involving speedy trial rights for untriеd indictments provides that if the action is not brought within the required time, “no court any longer has jurisdiction thereof, the indictment * * * is vоid, and the court shall enter an order dismissing the action with prejudice.”
By contrast, the language of R.C. 2950.09(B)(1) “does not establish that its time periods are for anything other than convenience and orderly procedure,” see State ex rel. Harrell v. Streetsboro Bd. of Edn. (1989),
In this case, Bellman’s counsel exрlicitly waived the time requirement when he agreed to the postponement. We therefore reverse the judgment оf the court of appeals on this issue and reinstate the trial court’s adjudication of Bellman as a sexual prеdator.
II. Duty to Register
The sexual predator law also includes a provision regarding registration requirements for sexually oriented offenders. R.C. 2950.04. Effective July 1, 1997, this statute provided:
“(A) Each offender who is convicted of or pleads guilty to * * * a sexually oriеnted offense and who is described in division (A)(1), (2), or (3) of this section shall register * * *:
“(1) Regardless of when the sexually oriented offensе was ■ committed, if the offender is sentenced for the sexually oriented offense to a prison term * * * and if, on or after [July 1, 1997], the offender is released in any manner from the prison term * * *.
“(2) Regardless of when the sexually oriented offense was сommitted, if the offender is sentenced for a sexually oriented offense on or after [July 1, 1997], and if division (A)(1) of this section does not apply * * *.
“(3) If the sexually oriented offense was committed prior to [July 1, 1997], if neither division (A)(1) nor division (A)(2) of this section applies, and if, immediately prior to [July 1, 1997], the offender was a habitual sex offender who was required to register under Chapter 2950. оf the Revised Code.”
The court of appeals found Bellman had no duty to register as a sexual predator because he fit into none of the above categories. He does not fit section (A)(1) because he was released prior to July 1, 1997. He evades (A)(2) because he was sentenced prior to July 1, 1997. And, he evades (A)(3) because he was nеver adjudicated a habitual sex offender and was not required to register under R.C. Chapter 2950.
“ Where the words of a statute are plain, explicit, and unequivocal, a court is not warranted in departing from their obvious meaning, although from considerations arising outside of the language of the statute, it may be convinced that the legislature intended to enact something different from what it did in fact enact.’ ” Hough v. Dayton Mfg. Co. (1902),
We conclude, thеn, that although Bellman is properly adjudicated a sexual predator under the new law, he has no duty to register because he does not fit within the plain language of R.C. 2950.04 describing categories of compulsory registrants. We thus affirm the judgment of the court of appeals vacating the order requiring Bellman to register pursuant to this statute.
For the foregoing reasons, the judgment of the court of appeals is affirmed in part and reversed in part.
Judgment affirmed in part and reversed in part.