State v. Pettis

Citations

• 236 N.E.3d 428
• 2024 Ohio 574

Syllabus

Sierah's Law violent offender database VOD R.C. 2903.41 constitutionality Retroactivity Clause Ohio Constitution Article II, Section 28 separation of powers motion to vacate presumption of enrollment timeliness notice R.C. 2903.42(A)(2)(b). The application of Sierah's Law to offenders who committed their offense before the law's effective date does not violate Ohio's Retroactivity Clause or the separation-of-powers doctrine. The offender filed a motion to vacate the requirement that he remain enrolled in the violent offender database (\VOD\) established by Sierah's Law, but he did so months after he was released from prison. Therefore, the offender failed to comply with R.C. 2903.42(A)(2)(b) (requiring such a motion be made prior to release) and his motion was properly denied. The Ohio Department of Rehabilitation and Correction provided adequate notice to the offender prior to his release about the VOD enrollment obligations, his right to file a motion seeking to rebut the presumption that he be enrolled and the procedure for filing that motion. The notice could have more clearly stated that the motion must be made prior to release, but the notice was reasonably calculated to inform the offender of the deadline for making a motion and informed him that he could review the relevant legislation in the library upon request. The record reflects that the offender largely ignored the ODRC's notice while he was incarcerated. When he did review it and realized that it applied to him, he still only briefly scanned the relevant section explaining the procedure for filing a motion. He never requested a copy of the legislation from the library. Under these circumstances, his failure to file a timely motion could not be attributed to insufficient notice or excusable neglect. Judgment affirmed.