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STATE v. BREWER

Nos. 98-390, 98-739, 98-740 and 98-741.

86 Ohio St.3d 160 (1999)

THE STATE OF OHIO, APPELLANT, v. BREWER, APPELLEE. THE STATE OF OHIO, APPELLANT, v. RHODES, APPELLEE. THE STATE OF OHIO, APPELLANT, v. SOWARDS, APPELLEE. THE STATE OF OHIO, APPELLANT, v. HANRAHAN, APPELLEE.

Supreme Court of Ohio.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Donald W. White, Clermont County Prosecuting Attorney, Daniel J. Breyer, Chief Assistant Prosecuting Attorney, and David H. Hoffmann, Assistant Prosecuting Attorney, for appellant state of Ohio in case No. 98-390.

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellant state of Ohio in case Nos. 98-739, 98-740 and 98-741.

R. Daniel Hannon, Clermont County Public Defender, and Joy M. Albi, Assistant Public Defender, for appellee Brian Brewer in case No. 98-390.

Judith M. Stevenson, Franklin County Public Defender, and Paul Skendelas, Assistant Public Defender, for appellee Christopher Rhodes in case No. 98-739.

Judith M. Stevenson, Franklin County Public Defender, and Allen V. Adair, Assistant Public Defender, for appellee Douglas Sowards in case No. 98-740.

Patrick A.T. West, for appellee Michael Hanrahan in case No. 98-741.

David H. Bodiker, Ohio Public Defender, and Robert L. Lane, Chief Appellate Counsel, urging affirmance in case No. 98-390 for amicus curiae, Ohio Public Defender.

MOYER, C.J.

The cases before us raise the question of whether the statutory scheme created by the General Assembly allows a sexual predator hearing under R.C. 2950.09(C)(2) to take place after an offender has already been released from confinement. We hold that in order to adjudicate an offender as a sexual predator, the statutes require that a hearing be conducted prior to the release of the prisoner, and further that the hearing must be scheduled far...

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