Thursday, July 24, 2014

Supreme Court of Ohio issues decision about the timing of hearings to classify juveniles as sex offenders

On July 22, 2014, the Supreme Court of Ohio ruled that a juvenile court can order a hearing about whether a juvenile who has been adjudicated delinquent can be classified as a sex-offender at the disposition of the case. The ruling in In re I.A., Slip Opinion No. 2014-Ohio-3155, 2012-2122, settled questions about the timing of this hearing pursuant to O.R.C. 2152.83(B)(1). The Fifth District Court of Appeals had previously ruled that in cases where a court sends a juvenile to a secure facility the court could only classify that individual as an offender upon release from said facility, and the Second District had ruled that it could also be done at the disposition of a case. In a decision drafted by Justice Pfeifer, the Ohio Supreme Court settled this conflict by holding that a hearing could be held on this issue at both times. While the decision was 7-0, Justice French drafted a concurring opinion stating that  R.C. 2152.83(B) permits only one hearing over this issue, not a hearing at both disposition and release. 

For more information about the case please see this link from Court News Ohio.

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