In re McAllister

In In Re McAllister, Stark App. No. 2006-CA-00073, 2006 Ohio 5554, a fifteen year old juvenile was committed to DYS for attempted rape. He was released January 11, 2005. On February 14, 2006, the court conducted a classification hearing, and on February 15, 2006 classified him as a juvenile sex offender subject to registration. The Court found the General Assembly's use of the word "may and or" in R. C. 2152.83 vested the court with discretion regarding when to make a sexual predator determination. Id., paragraph 10. The court has two occasions to choose from, at the time of disposition, or at the time of release from a secure facility, but once both time frames have lapsed, the court no longer has jurisdiction to classify the juvenile as a sex offender. Id. In In re McAllister "the state's motion to classify appellant as a juvenile sex offender, the hearing and the trial court's determination were all made thirteen months after appellant's release from a secure facility. 'The General Assembly's use of the word 'may' and the use of the conjunction 'or' triggers the trial court's discretion regarding when to make a sexual predator determination.' Therefore, the trial court has two times when it may consider classification under R.C. 2152.83(B)(1): at the time of disposition, or; at the time of release from a secure facility." Id. It is not clear whether McAllister was under DYS supervision at the time of his classification. Pursuant to R.C. 2152.83(B)(1), "the trial court erred in classifying appellant to be a juvenile sex offender." Id.