As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 502 5
1999-2000 6
REPRESENTATIVES DePIERO-REDFERN-CLANCY-SCHURING-DISTEL- 8
HARTNETT-FLANNERY-VESPER-VAN VYVEN-PATTON-ALLEN-BRITTON- 9
PRINGLE-WOMER BENJAMIN-MYERS-TAYLOR-JERSE 10
_________________________________________________________________ 11
A B I L L
To amend sections 2950.01, 2950.03, 2950.04, and 13
2950.09 of the Revised Code to modify the Sex 14
Offender Registration and Notification Law 15
relative to procedures for adjudicating specified 16
imprisoned persons to be sexual predators.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2950.01, 2950.03, 2950.04, and 20
2950.09 of the Revised Code be amended to read as follows: 21
Sec. 2950.01. As used in this chapter, unless the context 30
clearly requires otherwise: 31
(A) "Confinement" includes, but is not limited to, a 33
community residential sanction imposed pursuant to section 34
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who is 37
convicted of or pleads guilty to a sexually oriented offense and 38
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 39
(C) "Prosecutor" has the same meaning as in section 42
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 44
offenses: 45
(1) Regardless of the age of the victim of the offense, a 47
violation of section 2907.02, 2907.03, or 2907.05 of the Revised 49
Code;
2
(2) Any of the following offenses involving a minor, in 51
the circumstances specified: 52
(a) A violation of section 2905.01, 2905.02, 2905.03, 55
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 56
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 59
when the person who is compelled, induced, procured, encouraged, 60
solicited, requested, or facilitated to engage in, paid or agreed 61
to be paid for, or allowed to engage in the sexual activity in 62
question is under eighteen years of age; 63
(c) A violation of division (A)(1) or (3) of section 65
2907.321 or 2907.322 of the Revised Code; 67
(d) A violation of division (A)(1) or (2) of section 69
2907.323 of the Revised Code; 70
(e) A violation of division (B)(5) of section 2919.22 of 73
the Revised Code when the child who is involved in the offense is 74
under eighteen years of age. 75
(3) Regardless of the age of the victim of the offense, a 77
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 78
Revised Code, or of division (A) of section 2903.04 of the 80
Revised Code, that is committed with a purpose to gratify the 82
sexual needs or desires of the offender;
(4) A sexually violent offense; 84
(5) A violation of any former law of this state that was 86
substantially equivalent to any offense listed in division 87
(D)(1), (2), (3), or (4) of this section; 88
(6) A violation of an existing or former municipal 90
ordinance or law of another state or the United States, a 92
violation under the law applicable in a military court, or a 93
violation under the law applicable in an Indian tribal court that 94
is or was substantially equivalent to any offense listed in 96
division (D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 98
complicity in committing any offense listed in division (D)(1), 99
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(2), (3), (4), (5), or (6) of this section. 100
(E) "Sexual predator" means a person who has been 103
convicted of or pleaded guilty to committing a sexually oriented 104
offense and is likely to engage in the future in one or more
sexually oriented offenses. 105
(F) "Supervised release" means a release from a prison 107
term, a term of imprisonment, or another type of confinement that 109
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 111
probation, under transitional control, or under a post-release 112
control sanction, and it requires the person to report to or be 113
supervised by a parole officer, probation officer, field officer, 114
or another type of supervising officer.
(2) The release is any type of release that is not 116
described in division (F)(1) of this section and that requires 117
the person to report to or be supervised by a probation officer, 118
a parole officer, a field officer, or another type of supervising 119
officer.
(G) An offender is "adjudicated as being a sexual 121
predator" if any of the following applies: 122
(1) The offender is convicted of or pleads guilty to 124
committing, on or after January 1, 1997, a sexually oriented 126
offense that is a sexually violent offense and also is convicted 127
of or pleads guilty to a sexually violent predator specification 129
that was included in the indictment, count in the indictment, or 130
information that charged the sexually violent offense. 131
(2) Regardless of when the sexually oriented offense was 133
committed, on or after the effective date of this section JANUARY 135
1, 1997, the offender is sentenced for a sexually oriented 136
offense, and the sentencing judge determines pursuant to division 137
(B) of section 2950.09 of the Revised Code that the offender is a 138
sexual predator. 139
(3) Prior to January 1, 1997, the offender was convicted 143
of or pleaded guilty to, and was sentenced for, a sexually 144
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oriented offense, the offender is imprisoned in a state 145
correctional institution on or after January 1, 1997, and, prior 147
to the offender's release from imprisonment, the court determines 148
pursuant to division (C) of section 2950.09 of the Revised Code 149
that the offender is a sexual predator. 150
(4) Regardless of when the sexually oriented offense was 152
committed, the offender is convicted of or pleads guilty to, or 153
has been convicted of or pleaded guilty to, a sexually oriented 154
offense in another state or in a federal court, military court, 155
or an Indian tribal court, as a result of that conviction or plea 156
of guilty, the offender is required, under the law of the 157
jurisdiction in which the offender was convicted or pleaded 158
guilty, to register as a sex offender until the offender's death 159
and to verify the offender's address on at least a quarterly
basis each year, and, on or after July 1, 1997, the offender 160
moves to and resides in this state or temporarily is domiciled in 161
this state for more than seven days, unless a court of common 162
pleas determines that the offender is not a sexual predator 163
pursuant to division (F) of section 2950.09 of the Revised Code. 164
(H) "Sexually violent predator specification" and 166
"sexually violent offense" have the same meanings as in section 168
2971.01 of the Revised Code.
(I) "Post-release control sanction" and "transitional 170
control" have the same meanings as in section 2967.01 of the 171
Revised Code.
Sec. 2950.03. (A) Each person who has been convicted of, 180
is convicted of, has pleaded guilty to, or pleads guilty to a 181
sexually oriented offense and who has a duty to register pursuant 182
to section 2950.04 of the Revised Code shall be provided notice 183
in accordance with this section of the offender's duty to 184
register under that section, the offender's duty to provide 185
notice of any change in the offender's residence address and to 187
register the new residence address pursuant to section 2950.05 of 188
the Revised Code, and the offender's duty to periodically verify 189
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the offender's residence address pursuant to section 2950.06 of
the Revised Code. The following official shall provide the 190
notice to the offender at the following time: 191
(1) Regardless of when the offender committed the sexually 193
oriented offense, if the offender is sentenced for the sexually 194
oriented offense to a prison term, a term of imprisonment, or any 195
other type of confinement, and if, on or after January 1, 1997, 197
the offender is serving that term or is under that confinement, 198
the official in charge of the jail, workhouse, state correctional 200
institution, or other institution in which the offender serves
the prison term, term of imprisonment, or confinement, or a 201
designee of that official, shall provide the notice to the 202
offender at least ten days before the offender is released 204
pursuant to any type of supervised release or at least ten days 205
before the offender otherwise is released from the prison term, 206
term of imprisonment, or confinement.
(2) Regardless of when the offender committed the sexually 208
oriented offense, if the offender is sentenced for that offense 209
on or after January 1, 1997, and if division (A)(1) of this 211
section does not apply, the judge shall provide the notice to the 213
offender at the time of sentencing.
(3) If the offender committed the sexually oriented 215
offense prior to January 1, 1997, if neither division (A)(1) nor 218
division (A)(2) of this section applies, and if, immediately 219
prior to January 1, 1997, the offender was a habitual sex 221
offender who was required to register under Chapter 2950. of the 222
Revised Code, the chief of police or sheriff with whom the 223
offender most recently registered under that chapter, in the 224
circumstances described in this division, shall provide the 225
notice to the offender. If the offender has registered with a 226
chief of police or sheriff under Chapter 2950. of the Revised 227
Code as it existed prior to January 1, 1997, the chief of police 229
or sheriff with whom the offender must MOST recently registered 230
shall provide the notice to the offender as soon as possible 232
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after January 1, 1997, as described in division (B)(1) of this 235
section. If the offender has not registered with a chief of 236
police or sheriff under that chapter, the failure to register 237
shall constitute a waiver by the offender of any right to notice 238
under this section. If an offender described in this division 239
does not receive notice under this section, the offender is not 240
relieved of the duty to register, the duty to provide notice of 241
any change in residence address and to register the new residence 242
address, and the duty to periodically verify the residence 243
address, as described in division (A) of this section. 245
(4) IF THE OFFENDER IS AN OFFENDER OF THE TYPE DESCRIBED 247
IN DIVISION (A)(1) OF THIS SECTION AND IF, SUBSEQUENT TO RELEASE, 248
THE OFFENDER IS ADJUDICATED AS BEING A SEXUAL PREDATOR PURSUANT 249
TO DIVISION (C) OF SECTION 2950.09 OF THE REVISED CODE, THE JUDGE 251
SHALL PROVIDE THE NOTICE TO THE OFFENDER AT THE TIME OF 252
ADJUDICATION.
(B)(1) The notice provided under division (A) of this 254
section shall inform the offender of the offender's duty to 255
register under section 2950.04 of the Revised Code, to notify the 256
appropriate officials of a change in the offender's residence 257
address and to register the new residence address in accordance 258
with section 2950.05 of the Revised Code, and to periodically 259
verify a residence address under section 2950.06 of the Revised 260
Code. The notice shall comport with the following: 261
(a) If the notice is provided under division (A)(3) of 263
this section, the notice shall be on a form that is prescribed by 264
the bureau of criminal identification and investigation and that 265
states the offender's duties to register, to register a new 266
residence address, and to periodically verify a residence address 267
and that, if the offender has any questions concerning these 268
duties, the offender may contact the chief of police or sheriff 269
who sent the form for an explanation of the duties. If the 270
offender appears in person before the chief of police or sheriff, 271
the chief or sheriff shall provide the notice as described in 272
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division (B)(1)(a) of this section, and all provisions of this 274
section that apply regarding a notice provided by an official, 275
official's designee, or judge in that manner shall be applicable. 276
(b) If the notice is provided under division (A)(1) or, 278
(2), OR (4) of this section, the official, official's designee, 280
or judge shall require the offender to read and sign a form 281
prescribed by the bureau of criminal identification and 282
investigation, stating that the offender's duties to register, to 283
register a new residence address, and to periodically verify a 284
residence address have been explained to the offender. If the 285
offender is unable to read, the official, official's designee, or
judge shall certify on the form that the official, designee, or 286
judge specifically informed the offender of those duties and that 287
the offender indicated an understanding of those duties. 288
(c) For a ANY notice provided under division (A)(1), (2), 290
or (3) of this section, the form used shall contain all of the 292
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 294
whether the offender has been adjudicated as being a sexual
predator relative to the sexually oriented offense in question, a 295
statement as to whether the offender has been determined to be a 296
habitual sex offender, an explanation of the periodic residence 298
address verification process and of the frequency with which the 299
offender will be required to verify the residence address under 300
that process, and a statement that the offender must verify the 301
residence address at the times specified under that process or
face criminal prosecution. 302
(d) IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF 304
THIS SECTION, THE FORM ALSO SHALL INCLUDE A STATEMENT THAT THE 306
NOTICE REPLACES ANY NOTICE PREVIOUSLY PROVIDED TO THE OFFENDER 307
UNDER DIVISION (A)(1) OF THIS SECTION, A STATEMENT THAT THE 308
OFFENDER'S DUTIES DESCRIBED IN THIS NOTICE SUPERSEDE THE DUTIES 309
DESCRIBED IN THE PRIOR NOTICE, AND A STATEMENT NOTIFYING THE 310
OFFENDER THAT, IF THE OFFENDER ALREADY HAS REGISTERED UNDER 311
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SECTION 2950.04 OF THE REVISED CODE, THE OFFENDER MUST REGISTER 312
AGAIN PURSUANT TO DIVISION (A)(6) OF THAT SECTION. 313
(2) After an offender described in division (A)(1) or, 316
(2), OR (4) of this section has signed the form described in 317
division (B)(1) of this section or the official, official's 319
designee, or judge has certified on it that it has been explained
to the offender and that the offender indicated an understanding 320
of the duties indicated on it, the official, official's designee, 321
or judge shall give one copy of the form to the offender, within 322
three days shall send one copy of the form to the bureau of 323
criminal identification and investigation in accordance with the 324
procedures adopted pursuant to section 2950.13 of the Revised 325
Code, and shall send one copy of the form to the sheriff of the 326
county in which the offender expects to reside. After a chief of 327
police or sheriff has sent a form to an offender under division 328
(A)(3) of this section, the chief or sheriff shall send a copy of 329
the form to the bureau of criminal identification and 330
investigation in accordance with the procedures adopted pursuant 331
to section 2950.13 of the Revised Code. 332
(C) The official, official's designee, judge, chief of 335
police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the 336
following:
(1) If the notice is provided under division (A)(1) or, 338
(2), OR (4) of this section, the official, designee, or judge 340
shall determine the offender's name, identifying factors, and 341
expected future residence address, shall obtain the offender's 342
criminal history, and shall obtain a photograph and the 344
fingerprints of the offender. If the notice is provided by a 345
judge under division (A)(2) OR (4) of this section, the sheriff 347
shall provide the offender's criminal history to the judge. The 348
official, official's designee, or judge shall obtain this 349
information and these items prior to giving the notice, except 350
that a judge may give the notice prior to obtaining the 351
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offender's criminal history. Within three days after receiving 353
this information and these items, the official, official's 354
designee, or judge shall forward the information and items to the 355
bureau of criminal identification and investigation in accordance 356
with the forwarding procedures adopted pursuant to section 357
2950.13 of the Revised Code and to the sheriff of the county in 359
which the offender expects to reside. If it has not already done
so, the bureau of criminal identification and investigation shall 360
forward a copy of the fingerprints and conviction data received 361
under this division to the federal bureau of investigation. 362
(2) If the notice is provided under division (A)(3) of 364
this section, the chief of police or sheriff shall determine the 365
offender's name, identifying factors, and residence address, 366
shall obtain the offender's criminal history from the bureau of 367
criminal identification and investigation, and, to the extent 368
possible, shall obtain a photograph and the fingerprints of the 369
offender. Within three days after receiving this information and 370
these items, the chief or sheriff shall forward the information 371
and items to the bureau of criminal identification and 372
investigation in accordance with the forwarding procedures 373
adopted pursuant to section 2950.13 of the Revised Code and, in 374
relation to a chief of police, to the sheriff of the county in 375
which the offender resides. If it has not already done so, the 376
bureau of criminal identification and investigation shall forward 377
a copy of the fingerprints and conviction data so received to the 378
federal bureau of investigation. 379
Sec. 2950.04. (A) Each offender who is convicted of or 389
pleads guilty to, or has been convicted of or pleaded guilty to, 390
a sexually oriented offense and who is described in division 391
(A)(1), (2), or (3) of this section shall register with the 392
sheriff of the following applicable described county and at the 393
following time:
(1) Regardless of when the sexually oriented offense was 395
committed, if the offender is sentenced for the sexually oriented 396
10
offense to a prison term, a term of imprisonment, or any other 397
type of confinement and if, on or after July 1, 1997, the 400
offender is released in any manner from the prison term, term of 401
imprisonment, or confinement, within seven days of the offender's 402
coming into any county in which the offender resides or 403
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county. 404
(2) Regardless of when the sexually oriented offense was 406
committed, if the offender is sentenced for a sexually oriented 407
offense on or after July 1, 1997, and if division (A)(1) of this 409
section does not apply, within seven days of the offender's 411
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 412
shall register with the sheriff of that county. 413
(3) If the sexually oriented offense was committed prior 415
to July 1, 1997, if neither division (A)(1) nor division (A)(2) 418
of this section applies, and if, immediately prior to July 1, 420
1997, the offender was a habitual sex offender who was required 421
to register under Chapter 2950. of the Revised Code, within seven 422
days of the offender's coming into any county in which the 423
offender resides or temporarily is domiciled for more than seven 424
days, the offender shall register with the sheriff of that 425
county. 426
(4) Regardless of when the sexually oriented offense was 428
committed, if divisions (A)(1), (2), and (3) of this section do 430
not apply, if the offender is convicted of or pleads guilty to a 431
sexually oriented offense in another state or in a federal court,
military court, or an Indian tribal court, if, on or after July 433
1, 1997, the offender moves to and resides in this state or
temporarily is domiciled in this state for more than seven days, 434
and if, at the time the offender moves to and resides in this 435
state or temporarily is domiciled in this state for more than 436
seven days, the offender has a duty to register as a sex offender 438
under the law of that other jurisdiction as a result of the
11
conviction or guilty plea, within seven days of the offender's 440
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 441
shall register with the sheriff of that county. 442
(5) Regardless of when the sexually oriented offense was 444
committed, if divisions (A)(1), (2), and (3) of this section do 445
not apply, if the offender is convicted of or pleads guilty to a 446
sexually oriented offense in another state or in a federal court, 447
military court, or an Indian tribal court, if, on or after July 448
1, 1997, the offender is released from imprisonment or 449
confinement imposed for that offense, and if, on or after July 1, 451
1997, the offender moves to and resides in this state or 452
temporarily is domiciled in this state for more than seven days, 453
within seven days of the offender's coming into any county in 455
which the offender resides or temporarily is domiciled for more 456
than seven days the offender shall register with the sheriff of 457
that county. The duty to register as described in this division 458
applies regardless of whether the offender, at the time of moving 460
to and residing in this state or temporarily being domiciled in 461
this state for more than seven days, has a duty to register as a 462
sex offender under the law of the jurisdiction in which the 463
conviction or guilty plea occurred.
(6) IF DIVISION (A)(1) OF THIS SECTION APPLIES AND IF, 465
SUBSEQUENT TO THE OFFENDER'S RELEASE, THE OFFENDER IS ADJUDICATED 467
TO BE A SEXUAL PREDATOR UNDER DIVISION (C) OF SECTION 2950.09 OF 468
THE REVISED CODE, THE OFFENDER SHALL REGISTER WITHIN SEVEN DAYS 470
OF THE ADJUDICATION WITH THE SHERIFF OF THE COUNTY IN WHICH THE 471
OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN 472
DAYS AND SHALL REGISTER WITH THE SHERIFF OF ANY COUNTY IN WHICH 473
THE OFFENDER SUBSEQUENTLY RESIDES OR TEMPORARILY IS DOMICILED FOR 474
MORE THAN SEVEN DAYS WITHIN SEVEN DAYS OF COMING INTO THAT 475
COUNTY.
(B) An offender who is required by division (A) of this 477
section to register personally shall obtain from the sheriff or 478
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from a designee of the sheriff a registration form that conforms 479
to division (C) of this section, shall complete and sign the 481
form, and shall return the completed form together with the
offender's photograph to the sheriff or the designee. The 482
sheriff or designee shall sign the form and indicate on the form 483
the date on which it is so returned. The registration required 484
under this division is complete when the offender returns the 485
form, containing the requisite information, photograph,
signatures, and date, to the sheriff or designee. 486
(C) The registration form to be used under divisions (A) 489
and (B) of this section shall contain the current residence 490
address of the offender who is registering, the name and address
of the offender's employer, if the offender is employed at the 491
time of registration or if the offender knows at the time of 492
registration that the offender will be commencing employment with 493
that employer subsequent to registration, and any other 494
information required by the bureau of criminal identification and 495
investigation and shall include the offender's photograph.
Additionally, if the offender has been adjudicated as being a 496
sexual predator relative to the sexually oriented offense in 497
question and the court has not subsequently determined pursuant 498
to division (D) of section 2950.09 of the Revised Code that the 499
offender no longer is a sexual predator or if the sentencing 500
judge determined pursuant to division (C) of section 2950.09 of 501
the Revised Code that the offender is a habitual sex offender,
the offender shall include on the signed, written registration 502
form all of the following information: 503
(1) A specific declaration that the person has been 505
adjudicated as being a sexual predator or has been determined to 506
be a habitual sex offender, whichever is applicable; 507
(2) If the offender has been adjudicated as being a sexual 509
predator, the identification license plate number of each motor 510
vehicle the offender owns and of each motor vehicle registered in 511
the offender's name.
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(D) After an offender registers with a sheriff pursuant to 514
this section, the sheriff shall forward the signed, written 515
registration form and photograph to the bureau of criminal
identification and investigation in accordance with the 517
forwarding procedures adopted pursuant to section 2950.13 of the 518
Revised Code. The bureau shall include the information and 519
materials forwarded to it under this division in the state 520
registry of sex offenders established and maintained under 521
section 2950.13 of the Revised Code. 522
(E) No person who is required to register pursuant to 524
divisions (A) and (B) of this section shall fail to register as 526
required in accordance with those divisions or that division.
(F) An offender who is required to register pursuant to 528
divisions (A) and (B) of this section shall register pursuant to 529
this section for the period of time specified in section 2950.07 530
of the Revised Code.
Sec. 2950.09. (A) If a person is convicted of or pleads 539
guilty to committing, on or after January 1, 1997, a sexually 542
oriented offense that is a sexually violent offense and also is 543
convicted of or pleads guilty to a sexually violent predator 544
specification that was included in the indictment, count in the 545
indictment, or information charging the sexually violent offense, 546
the conviction of or plea of guilty to the specification 547
automatically classifies the offender as a sexual predator for 548
purposes of this chapter. If a person is convicted of or pleads 549
guilty to a sexually oriented offense in another state, or in a 550
federal court, military court, or an Indian tribal court and if, 551
as a result of that conviction or plea of guilty, the person is 552
required, under the law of the jurisdiction in which the person 553
was convicted or pleaded guilty, to register as a sex offender 554
until the person's death and is required to verify the person's 555
address on at least a quarterly basis each year, that conviction 556
or plea of guilty automatically classifies the offender as a 557
sexual predator for the purposes of this chapter, but the 558
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offender may challenge that classification pursuant to division
(F) of this section. In all other cases, a person who is 560
convicted of or pleads guilty to, or has been convicted of or 561
pleaded guilty to, a sexually oriented offense may be classified 562
as a sexual predator for purposes of this chapter only in 563
accordance with division (B) or (C) of this section. 564
(B)(1) Regardless of when the sexually oriented offense 567
was committed, if a person is to be sentenced on or after the 568
effective date of this section JANUARY 1, 1997, for a sexually 570
oriented offense that is not a sexually violent offense, or if a 571
person is to be sentenced on or after January 1, 1997, for a 573
sexually oriented offense that is a sexually violent offense and 574
a sexually violent predator specification was not included in the 575
indictment, count in the indictment, or information charging the 576
sexually violent offense, the judge who is to impose sentence 577
upon the offender shall conduct a hearing to determine whether 578
the offender is a sexual predator. The judge shall conduct the 579
hearing prior to sentencing and, if the sexually oriented offense 580
is a felony, may conduct it as part of the sentencing hearing 581
required by section 2929.19 of the Revised Code. The court shall 582
give the offender and the prosecutor who prosecuted the offender 583
for the sexually oriented offense notice of the date, time, and 584
location of the hearing. At the hearing, the offender and the
prosecutor shall have an opportunity to testify, present 586
evidence, call and examine witnesses and expert witnesses, and 588
cross-examine witnesses and expert witnesses regarding the 589
determination as to whether the offender is a sexual predator.
The offender shall have the right to be represented by counsel 590
and, if indigent, the right to have counsel appointed to 591
represent the offender. 592
(2) In making a determination under divisions (B)(1) and 594
(3) of this section as to whether an offender is a sexual 595
predator, the judge shall consider all relevant factors, 596
including, but not limited to, all of the following: 597
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(a) The offender's age; 599
(b) The offender's prior criminal record regarding all 602
offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense 604
for which sentence is to be imposed; 605
(d) Whether the sexually oriented offense for which 607
sentence is to be imposed involved multiple victims; 608
(e) Whether the offender used drugs or alcohol to impair 610
the victim of the sexually oriented offense or to prevent the 611
victim from resisting; 612
(f) If the offender previously has been convicted of or 615
pleaded guilty to any criminal offense, whether the offender
completed any sentence imposed for the prior offense and, if the 616
prior offense was a sex offense or a sexually oriented offense, 617
whether the offender participated in available programs for 618
sexual offenders;
(g) Any mental illness or mental disability of the 620
offender; 621
(h) The nature of the offender's sexual conduct, sexual 624
contact, or interaction in a sexual context with the victim of
the sexually oriented offense and whether the sexual conduct, 625
sexual contact, or interaction in a sexual context was part of a 626
demonstrated pattern of abuse; 627
(i) Whether the offender, during the commission of the 630
sexually oriented offense for which sentence is to be imposed,
displayed cruelty or made one or more threats of cruelty; 631
(j) Any additional behavioral characteristics that 633
contribute to the offender's conduct. 634
(3) After reviewing all testimony and evidence presented 637
at the hearing conducted under division (B)(1) of this section 638
and the factors specified in division (B)(2) of this section, the 639
judge shall determine by clear and convincing evidence whether
the offender is a sexual predator. If the judge determines that 641
the offender is not a sexual predator, the judge shall specify in
16
the offender's sentence and the judgment of conviction that 642
contains the sentence that the judge has determined that the 643
offender is not a sexual predator. If the judge determines by 644
clear and convincing evidence that the offender is a sexual 645
predator, the judge shall specify in the offender's sentence and 646
the judgment of conviction that contains the sentence that the 647
judge has determined that the offender is a sexual predator and 648
shall specify that the determination was pursuant to division (B) 650
of this section. The offender and the prosecutor who prosecuted 651
the offender for the sexually oriented offense in question may 652
appeal as a matter of right the judge's determination under this 653
division as to whether the offender is, or is not, a sexual 654
predator.
(4) A hearing shall not be conducted under division (B) of 657
this section regarding an offender if the sexually oriented
offense in question is a sexually violent offense and the 658
indictment, count in the indictment, or information charging the 659
offense also included a sexually violent predator specification. 660
(C)(1) If a person was convicted of or pleaded guilty to a 662
sexually oriented offense prior to January 1, 1997, if the person 664
was not sentenced for the offense on or after January 1, 1997, 666
and if, on or after January 1, 1997, the offender is serving a 668
term of imprisonment in a state correctional institution, prior 669
to the offender's release from the term of imprisonment, the 670
department of rehabilitation and correction shall determine 672
whether to recommend that the offender be adjudicated as being a 673
sexual predator. In making a determination under this division 674
as to whether to recommend that the offender be adjudicated as 675
being a sexual predator, the department shall consider all 676
relevant factors, including, but not limited to, all of the 677
factors specified in division (B)(2) of this section. If the 678
department determines that it will recommend that the offender be 680
adjudicated as being a sexual predator, it immediately shall send 681
the recommendation to the court that sentenced the offender and 682
17
shall enter its determination and recommendation in the 683
offender's institutional record, and the court shall proceed in 684
accordance with division (C)(2) of this section. 685
(2)(a) If, pursuant to division (C)(1) of this section, 687
the department of rehabilitation and correction sends to a court 689
a recommendation that an offender who has been convicted of or 690
pleaded guilty to a sexually oriented offense be adjudicated as 691
being a sexual predator, the court is not bound by the 692
department's recommendation, and the court may conduct a hearing 693
to determine whether the offender is a sexual predator. The 694
court may deny the recommendation and determine that the offender 695
is not a sexual predator without a hearing but shall not make a 696
determination that the offender is a sexual predator in any case 697
without a hearing. THE COURT MAY HOLD THE HEARING AND MAKE THE 699
DETERMINATION PRIOR TO THE OFFENDER'S RELEASE FROM IMPRISONMENT 700
OR AT ANY TIME WITHIN ONE YEAR FOLLOWING THE OFFENDER'S RELEASE 702
FROM THAT IMPRISONMENT. If the court determines without a 704
hearing that the offender is not a sexual predator, it shall 705
include its determination in the offender's institutional record 706
and shall determine whether the offender previously has been 708
convicted of or pleaded guilty to a sexually oriented offense 709
other than the offense in relation to which the court determined
that the offender is not a sexual predator. 710
The court may make the determination as to whether the 712
offender previously has been convicted of or pleaded guilty to a 713
sexually oriented offense without a hearing, but, if the court 714
determines that the offender previously has been convicted of or 715
pleaded guilty to such an offense, it shall not impose a 716
requirement that the offender be subject to the community 717
notification provisions regarding the offender's place of 718
residence that are contained in sections 2950.10 and 2950.11 of 719
the Revised Code without a hearing. The court may conduct a 721
hearing to determine both whether the offender previously has 722
been convicted of or pleaded guilty to a sexually oriented 723
18
offense and whether to impose a requirement that the offender be 724
subject to the community notification provisions as described in 725
this division, or may conduct a hearing solely to make the latter 726
determination. The court shall include in the offender's 727
institutional record any determination made under this division 728
as to whether the offender previously has been convicted of or 729
pleaded guilty to a sexually oriented offense, and, as such, 730
whether the offender is a habitual sex offender. 731
(b) If the court schedules a hearing under division 733
(C)(2)(a) of this section, the court shall give the offender and 735
the prosecutor who prosecuted the offender for the sexually 736
oriented offense, or that prosecutor's successor in office, 737
notice of the date, time, and place of the hearing. If the 738
hearing is to determine whether the offender is a sexual 739
predator, it shall be conducted in the manner described in 740
division (B)(1) of this section regarding hearings conducted 741
under that division and, in making a determination under this 742
division as to whether the offender is a sexual predator, the 743
court shall consider all relevant factors, including, but not 744
limited to, all of the factors specified in division (B)(2) of 745
this section. After reviewing all testimony and evidence 746
presented at the sexual predator hearing and the factors 747
specified in division (B)(2) of this section, the court shall 749
determine by clear and convincing evidence whether the offender 750
is a sexual predator. If the court determines that the offender 751
is not a sexual predator, it also shall determine whether the 752
offender previously has been convicted of or pleaded guilty to a 753
sexually oriented offense other than the offense in relation to 754
which the hearing is being conducted. 755
Upon making its determinations at the hearing, the court 757
shall proceed as follows: 758
(i) If the hearing is to determine whether the offender is 761
a sexual predator, and if the court determines that the offender 763
is not a sexual predator and that the offender previously has not 764
19
been convicted of or pleaded guilty to a sexually oriented
offense other than the offense in relation to which the hearing 765
is being conducted, it shall include its determinations in the 767
offender's institutional record. 768
(ii) If the hearing is to determine whether the offender 770
is a sexual predator, and if the court determines that the 771
offender is not a sexual predator but that the offender 772
previously has been convicted of or pleaded guilty to a sexually 773
oriented offense other than the offense in relation to which the 774
hearing is being conducted, it shall include its determination 775
that the offender is not a sexual predator but is a habitual sex 776
offender in the offender's institutional record, shall attach the 777
determinations to the offender's sentence, shall specify that the 778
determinations were pursuant to division (C) of this section, 780
shall provide a copy of the determinations to the offender, to 781
the prosecuting attorney, and to the department of rehabilitation 782
and correction, and may impose a requirement that the offender be 784
subject to the community notification provisions regarding the 785
offender's place of residence that are contained in sections
2950.10 and 2950.11 of the Revised Code. The offender shall not 787
be subject to those community notification provisions relative to 789
the sexually oriented offense in question if the court does not 790
so impose the requirement described in this division. If the 791
court imposes those community notification provisions, the
offender may appeal the judge's determination that the offender 792
is a habitual sex offender. 793
(iii) If the hearing is to determine whether the offender 796
previously has been convicted of or pleaded guilty to a sexually 797
oriented offense other than the offense in relation to which the 798
hearing is being conducted and whether to impose a requirement 799
that the offender be subject to the specified community 800
notification provisions, and if the court determines that the 801
offender previously has been convicted of or pleaded guilty to 802
such an offense, the court shall proceed as described in division 803
20
(C)(2)(b)(ii) of this section and may impose a community 804
notification requirement as described in that division. The 805
offender shall not be subject to the specified community 806
notification provisions relative to the sexually oriented offense 807
in question if the court does not so impose the requirement 808
described in that division. If the court imposes those community 809
notification provisions, the offender may appeal the judge's 810
determination that the offender is a habitual sex offender. 812
(iv) If the court determined without a hearing that the 815
offender previously has been convicted of or pleaded guilty to a 816
sexually oriented offense other than the offense in relation to 817
which the court determined that the offender is not a sexual 818
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement 819
that the offender be subject to the specified community 820
notification provisions, after the hearing, the court may impose 821
a community notification requirement as described in division 822
(C)(2)(b)(ii) of this section. The offender shall not be subject 824
to the specified community notification provisions relative to 825
the sexually oriented offense in question if the court does not 826
so impose the requirement described in that division. If the 827
court imposes those community notification provisions, the 828
offender may appeal the judge's determination that the offender 829
is a habitual sex offender. 830
(v) If the hearing is to determine whether the offender is 833
a sexual predator, and if the court determines by clear and 834
convincing evidence that the offender is a sexual predator, it 835
shall enter its determination in the offender's institutional 836
record, shall attach the determination to the offender's 837
sentence, shall specify that the determination was pursuant to 838
division (C) of this section, and shall provide a copy of the 840
determination to the offender, to the prosecuting attorney, and 841
to the department of rehabilitation and correction. The offender 842
and the prosecutor may appeal as a matter of right the judge's 843
21
determination under this division as to whether the offender is, 844
or is not, a sexual predator.
(D)(1) Upon the expiration of the applicable period of 846
time specified in division (D)(1)(a) or (b) of this section, an 848
offender who has been convicted of or pleaded guilty to a
sexually oriented offense and who has been adjudicated as being a 850
sexual predator relative to the sexually oriented offense in the 851
manner described in division (B) or (C) of this section may 852
petition the judge who made the determination that the offender 853
was a sexual predator, or that judge's successor in office, to 854
enter a determination that the offender no longer is a sexual
predator. Upon the filing of the petition, the judge may review 856
the prior sexual predator or determination that comprises the 857
sexual SEXUALLY violent predator adjudication, and, upon 858
consideration of all relevant evidence and information, 860
including, but not limited to, the factors set forth in division 861
(B)(2) of this section, either shall enter a determination that 862
the offender no longer is a sexual predator or shall enter an 863
order denying the petition. The court shall not enter a 864
determination under this division that the offender no longer is 865
a sexual predator unless the court determines by clear and 866
convincing evidence that the offender is unlikely to commit a 867
sexually oriented offense in the future. If the judge enters a 869
determination under this division that the offender no longer is
a sexual predator, the judge shall notify the bureau of criminal 871
identification and investigation and the parole board of the 872
determination. Upon receipt of the notification, the bureau 873
promptly shall notify the sheriff with whom the offender most 874
recently registered under section 2950.04 or 2950.05 of the 875
Revised Code of the determination that the offender no longer is 876
a sexual predator. If the judge enters an order denying the 877
petition, the prior adjudication of the offender as a sexual 879
predator shall remain in effect. An offender determined to be a
sexual predator in the manner described in division (B) or (C) of 881
22
this section may file a petition under this division after the
expiration of the following periods of time: 882
(a) Regardless of when the sexually oriented offense was 884
committed, if, on or after January 1, 1997, the offender is 886
imprisoned or sentenced to a prison term or other confinement for 888
the sexually oriented offense in relation to which the 889
determination was made, the offender initially may file the 890
petition not earlier than one year prior to the offender's 891
release from the imprisonment, prison term, or other confinement 892
by discharge, parole, judicial release, or any other final 893
release. If the offender is sentenced on or after January 1, 895
1997, for the sexually oriented offense in relation to which the 896
determination is made and is not imprisoned or sentenced to a 897
prison term or other confinement for the sexually oriented 898
offense, the offender initially may file the petition upon the 899
expiration of one year after the entry of the offender's judgment 900
of conviction.
(b) After the offender's initial filing of a petition 903
under division (D)(1)(a) of this section, thereafter, an offender 904
may file a petition under this division upon the expiration of 905
five years after the court has entered an order denying the most
recent petition the offender has filed under this division. 906
(2) Except as otherwise provided in this division, 908
division (D)(1) of this section does not apply to a person who is 909
classified as a sexual predator pursuant to division (A) of this 910
section. If a person who is so classified was sentenced to a 911
prison term pursuant to division (A)(3) of section 2971.03 of the 913
Revised Code and if the sentencing court terminates the 914
offender's prison term as provided in division (D) of section 915
2971.05 of the Revised Code, the court's termination of the 916
prison term automatically shall constitute a determination by the 917
court that the offender no longer is a sexual predator. If the 918
court so terminates the offender's prison term, the court shall 919
notify the bureau of criminal identification and investigation 920
23
and the parole board of the determination that the offender no 921
longer is a sexual predator. Upon receipt of the notification, 922
the bureau promptly shall notify the sheriff with whom the 923
offender most recently registered under section 2950.04 or 924
2950.05 of the Revised Code that the offender no longer is a 926
sexual predator. If an offender who is classified as a sexual 927
predator pursuant to division (A) of this section is released 928
from prison pursuant to a pardon or commutation, the
classification of the offender as a sexual predator shall remain 929
in effect after the offender's release, and the offender may file 930
one or more petitions in accordance with the procedures and time 931
limitations contained in division (D)(1) of this section for a 932
determination that the offender no longer is a sexual predator. 933
(E) If a person is convicted of or pleads guilty to 936
committing, on or after January 1, 1997, a sexually oriented 938
offense, the judge who is to impose sentence on the offender 939
shall determine, prior to sentencing, whether the offender 940
previously has been convicted of or pleaded guilty to a sexually 941
oriented offense. If the judge determines that the offender 942
previously has not been convicted of or pleaded guilty to a 943
sexually oriented offense, the judge shall specify in the 944
offender's sentence that the judge has determined that the 945
offender is not a habitual sex offender. If the judge determines 946
that the offender previously has been convicted of or pleaded 947
guilty to a sexually oriented offense, the judge shall specify in 948
the offender's sentence and the judgment of conviction that 949
contains the sentence that the judge has determined that the 950
offender is a habitual sex offender and may impose a requirement 951
in that sentence and judgment of conviction that the offender be 952
subject to the community notification provisions regarding the 953
offender's place of residence that are contained in sections 954
2950.10 and 2950.11 of the Revised Code. Unless the habitual sex 956
offender also has been adjudicated as being a sexual predator 957
relative to the sexually oriented offense in question, the 958
24
offender shall not be subject to those community notification 959
provisions if the court does not impose the requirement described 960
in this division in the offender's sentence and the judgment of 961
conviction.
(F)(1) An offender classified as a sexual predator may 964
petition the court of common pleas of the county in which the 965
offender resides or temporarily is domiciled to enter a
determination that the offender is not an adjudicated sexual 967
predator in this state for purposes of the sex offender 968
registration requirements of this chapter or the community
notification provisions contained in sections 2950.10 and 2950.11 969
of the Revised Code if all of the following apply: 970
(a) The offender was convicted of or pleaded guilty to a 972
sexually oriented offense in another state or in a federal court, 973
a military court, or an Indian tribal court. 974
(b) As a result of the conviction or plea of guilty 976
described in division (F)(1)(a) of this section, the offender is 977
required under the law of the jurisdiction under which the 978
offender was convicted or pleaded guilty to register as a sex 979
offender until the offender's death and is required to verify the 980
offender's address on at least a quarterly basis each year. 981
(c) The offender was automatically classified as a sexual 983
predator under division (A) of this section in relation to the 984
conviction or guilty plea described in division (F)(1)(a) of this 986
section.
(2) The court may enter a determination that the offender 988
filing the petition described in division (F)(1) of this section 990
is not an adjudicated sexual predator in this state for purposes
of the sex offender registration requirements of this chapter or 991
the community notification provisions contained in sections 992
2950.10 and 2950.11 of the Revised Code only if the offender 993
proves by clear and convincing evidence that the requirement of 994
the other jurisdiction that the offender register as a sex 996
offender until the offender's death and the requirement that the 997
25
offender verify the offender's address on at least a quarterly
basis each year is not substantially similar to a classification 998
as a sexual predator for purposes of this chapter. 999
Section 2. That existing sections 2950.01, 2950.03, 1,001
2950.04, and 2950.09 of the Revised Code are hereby repealed. 1,002