Does Retroactive Application of S.B. 10 to Juvenile Sex Offenders Violate Their Constitutional Rights?
In the Matter of: Darian J. Smith, Alleged Delinquent Child, Case no. 2008-1624 3rd District Court of Appeals (Allen County) In re: Adrian R., Delinquent Child, Case no. 2009-0189 5th District Court of Appeals (Licking County) The two cases captioned above will be argued separately, but are summarized together below because they involve the same legal issues and advance very similar arguments. In both of the above cases, juvenile offenders who were convicted of sex-related crimes prior to enactment of S.B. 10 were subsequently classified under S.B. 10 as Tier III (highest risk) offenders based solely on the offense for which they were convicted. As a result of that classification, both juveniles were ordered to register with local law enforcement officials every 90 days for the rest of their lives. Both youthful offenders appealed the retroactive application of S.B. 10’s offense-based classification scheme to their cases. In both cases the reviewing court of appeals upheld the offender
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