Summary, and Content and Operation:
Court reclassification or classification of pre-S.B. 10 offenders and delinquent children into S.B. 10 Tier classification
Conviction, guilty plea, or adjudication prior to January 31, 2011 -
The bill repeals the existing provisions that contain the reclassification mechanism enacted in S.B. 10 and that the Supreme Court in Bodyke, supra, held to be unconstitutional (repeal of R.C. 2950.031 and 2950.032). It also repeals two existing, related provisions enacted in S.B. 10. One of the related provisions extends the S.B. 10 reclassification mechanism to offenders and delinquent children whose registration and other duties under the SORN Law was scheduled to expire on or after July 1, 2007, and before January 1, 2008. The other requires a sheriff to notify the AG when an offender or delinquent child initially registers an address with the sheriff on or after December 1, 2007, based upon a duty imposed for an offense committed prior to that date (repeal of R.C. 2950.033 and 2950.043; these sections were not addressed in Bodyke, supra). The bill enacts a judicially based reclassification mechanism to replace the repealed, unconstitutional mechanism. It also enacts a provision that extends the new mechanism to offenders and delinquent children whose registration and other duties under the SORN Law were modified as a result of the operation of the S.B. 10 reclassification mechanism and, subsequently, were terminated or scheduled to be terminated as a result of the decision in Bodyke, supra (see "When SORN Law duties terminated or to be terminated under Bodyke," below).