As Passed by the Senate 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-SULLIVAN-D. MILLER- 10
VERICH-AMSTUTZ-TIBERI-LOGAN-MOTTLEY-GRENDELL-TERWILLEGER-CAREY- 11
STEVENS-FORD-BARRETT-PERRY-SALERNO-BARNES-GARDNER-OGG-GOODING- 12
BOYD-ROMAN-KRUPINSKI-DAMSCHRODER-WINKLER-JONES-WIDENER-HOOPS- 13
GERBERRY-SENATORS LATTA-SPADA-MUMPER 14
_________________________________________________________________ 16
A B I L L
To amend sections 2950.01, 2950.03, 2950.04, and 18
2950.09 of the Revised Code to modify the Sex 19
Offender Registration and Notification Law 20
relative to procedures for adjudicating specified 21
imprisoned persons to be sexual predators.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2950.01, 2950.03, 2950.04, and 25
2950.09 of the Revised Code be amended to read as follows: 26
Sec. 2950.01. As used in this chapter, unless the context 35
clearly requires otherwise: 36
(A) "Confinement" includes, but is not limited to, a 38
community residential sanction imposed pursuant to section 39
2929.16 of the Revised Code.
(B) "Habitual sex offender" means a person who is 42
convicted of or pleads guilty to a sexually oriented offense and 43
who previously has been convicted of or pleaded guilty to one or
more sexually oriented offenses. 44
(C) "Prosecutor" has the same meaning as in section 47
2935.01 of the Revised Code.
(D) "Sexually oriented offense" means any of the following 49
2
offenses: 50
(1) Regardless of the age of the victim of the offense, a 52
violation of section 2907.02, 2907.03, or 2907.05 of the Revised 54
Code;
(2) Any of the following offenses involving a minor, in 56
the circumstances specified: 57
(a) A violation of section 2905.01, 2905.02, 2905.03, 60
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim 61
of the offense is under eighteen years of age;
(b) A violation of section 2907.21 of the Revised Code 64
when the person who is compelled, induced, procured, encouraged, 65
solicited, requested, or facilitated to engage in, paid or agreed 66
to be paid for, or allowed to engage in the sexual activity in 67
question is under eighteen years of age; 68
(c) A violation of division (A)(1) or (3) of section 70
2907.321 or 2907.322 of the Revised Code; 72
(d) A violation of division (A)(1) or (2) of section 74
2907.323 of the Revised Code; 75
(e) A violation of division (B)(5) of section 2919.22 of 78
the Revised Code when the child who is involved in the offense is 79
under eighteen years of age. 80
(3) Regardless of the age of the victim of the offense, a 82
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 83
Revised Code, or of division (A) of section 2903.04 of the 85
Revised Code, that is committed with a purpose to gratify the 87
sexual needs or desires of the offender;
(4) A sexually violent offense; 89
(5) A violation of any former law of this state that was 91
substantially equivalent to any offense listed in division 92
(D)(1), (2), (3), or (4) of this section; 93
(6) A violation of an existing or former municipal 95
ordinance or law of another state or the United States, a 97
violation under the law applicable in a military court, or a 98
violation under the law applicable in an Indian tribal court that 99
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is or was substantially equivalent to any offense listed in 101
division (D)(1), (2), (3), or (4) of this section;
(7) An attempt to commit, conspiracy to commit, or 103
complicity in committing any offense listed in division (D)(1), 104
(2), (3), (4), (5), or (6) of this section. 105
(E) "Sexual predator" means a person who has been 108
convicted of or pleaded guilty to committing a sexually oriented 109
offense and is likely to engage in the future in one or more
sexually oriented offenses. 110
(F) "Supervised release" means a release from a prison 112
term, a term of imprisonment, or another type of confinement that 114
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or 116
probation, under transitional control, or under a post-release 117
control sanction, and it requires the person to report to or be 118
supervised by a parole officer, probation officer, field officer, 119
or another type of supervising officer.
(2) The release is any type of release that is not 121
described in division (F)(1) of this section and that requires 122
the person to report to or be supervised by a probation officer, 123
a parole officer, a field officer, or another type of supervising 124
officer.
(G) An offender is "adjudicated as being a sexual 126
predator" if any of the following applies: 127
(1) The offender is convicted of or pleads guilty to 129
committing, on or after January 1, 1997, a sexually oriented 131
offense that is a sexually violent offense and also is convicted 132
of or pleads guilty to a sexually violent predator specification 134
that was included in the indictment, count in the indictment, or 135
information that charged the sexually violent offense. 136
(2) Regardless of when the sexually oriented offense was 138
committed, on or after the effective date of this section JANUARY 140
1, 1997, the offender is sentenced for a sexually oriented 141
offense, and the sentencing judge determines pursuant to division 142
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(B) of section 2950.09 of the Revised Code that the offender is a 143
sexual predator. 144
(3) Prior to January 1, 1997, the offender was convicted 148
of or pleaded guilty to, and was sentenced for, a sexually 149
oriented offense, the offender is imprisoned in a state 150
correctional institution on or after January 1, 1997, and, prior 152
to the offender's release from imprisonment, the court determines 153
pursuant to division (C) of section 2950.09 of the Revised Code 154
that the offender is a sexual predator. 155
(4) Regardless of when the sexually oriented offense was 157
committed, the offender is convicted of or pleads guilty to, or 158
has been convicted of or pleaded guilty to, a sexually oriented 159
offense in another state or in a federal court, military court, 160
or an Indian tribal court, as a result of that conviction or plea 161
of guilty, the offender is required, under the law of the 162
jurisdiction in which the offender was convicted or pleaded 163
guilty, to register as a sex offender until the offender's death 164
and to verify the offender's address on at least a quarterly
basis each year, and, on or after July 1, 1997, the offender 165
moves to and resides in this state or temporarily is domiciled in 166
this state for more than seven days, unless a court of common 167
pleas determines that the offender is not a sexual predator 168
pursuant to division (F) of section 2950.09 of the Revised Code. 169
(H) "Sexually violent predator specification" and 171
"sexually violent offense" have the same meanings as in section 173
2971.01 of the Revised Code.
(I) "Post-release control sanction" and "transitional 175
control" have the same meanings as in section 2967.01 of the 176
Revised Code.
Sec. 2950.03. (A) Each person who has been convicted of, 185
is convicted of, has pleaded guilty to, or pleads guilty to a 186
sexually oriented offense and who has a duty to register pursuant 187
to section 2950.04 of the Revised Code shall be provided notice 188
in accordance with this section of the offender's duty to 189
5
register under that section, the offender's duty to provide 190
notice of any change in the offender's residence address and to 192
register the new residence address pursuant to section 2950.05 of 193
the Revised Code, and the offender's duty to periodically verify 194
the offender's residence address pursuant to section 2950.06 of
the Revised Code. The following official shall provide the 195
notice to the offender at the following time: 196
(1) Regardless of when the offender committed the sexually 198
oriented offense, if the offender is sentenced for the sexually 199
oriented offense to a prison term, a term of imprisonment, or any 200
other type of confinement, and if, on or after January 1, 1997, 202
the offender is serving that term or is under that confinement, 203
the official in charge of the jail, workhouse, state correctional 205
institution, or other institution in which the offender serves
the prison term, term of imprisonment, or confinement, or a 206
designee of that official, shall provide the notice to the 207
offender at least ten days before the offender is released 209
pursuant to any type of supervised release or at least ten days 210
before the offender otherwise is released from the prison term, 211
term of imprisonment, or confinement.
(2) Regardless of when the offender committed the sexually 213
oriented offense, if the offender is sentenced for that offense 214
on or after January 1, 1997, and if division (A)(1) of this 216
section does not apply, the judge shall provide the notice to the 218
offender at the time of sentencing.
(3) If the offender committed the sexually oriented 220
offense prior to January 1, 1997, if neither division (A)(1) nor 223
division (A)(2) of this section applies, and if, immediately 224
prior to January 1, 1997, the offender was a habitual sex 226
offender who was required to register under Chapter 2950. of the 227
Revised Code, the chief of police or sheriff with whom the 228
offender most recently registered under that chapter, in the 229
circumstances described in this division, shall provide the 230
notice to the offender. If the offender has registered with a 231
6
chief of police or sheriff under Chapter 2950. of the Revised 232
Code as it existed prior to January 1, 1997, the chief of police 234
or sheriff with whom the offender must MOST recently registered 235
shall provide the notice to the offender as soon as possible 237
after January 1, 1997, as described in division (B)(1) of this 240
section. If the offender has not registered with a chief of 241
police or sheriff under that chapter, the failure to register 242
shall constitute a waiver by the offender of any right to notice 243
under this section. If an offender described in this division 244
does not receive notice under this section, the offender is not 245
relieved of the duty to register, the duty to provide notice of 246
any change in residence address and to register the new residence 247
address, and the duty to periodically verify the residence 248
address, as described in division (A) of this section. 250
(4) IF THE OFFENDER IS AN OFFENDER OF THE TYPE DESCRIBED 252
IN DIVISION (A)(1) OF THIS SECTION AND IF, SUBSEQUENT TO RELEASE, 253
THE OFFENDER IS ADJUDICATED AS BEING A SEXUAL PREDATOR PURSUANT 254
TO DIVISION (C) OF SECTION 2950.09 OF THE REVISED CODE, THE JUDGE 256
SHALL PROVIDE THE NOTICE TO THE OFFENDER AT THE TIME OF 257
ADJUDICATION.
(B)(1) The notice provided under division (A) of this 259
section shall inform the offender of the offender's duty to 260
register under section 2950.04 of the Revised Code, to notify the 261
appropriate officials of a change in the offender's residence 262
address and to register the new residence address in accordance 263
with section 2950.05 of the Revised Code, and to periodically 264
verify a residence address under section 2950.06 of the Revised 265
Code. The notice shall comport with the following: 266
(a) If the notice is provided under division (A)(3) of 268
this section, the notice shall be on a form that is prescribed by 269
the bureau of criminal identification and investigation and that 270
states the offender's duties to register, to register a new 271
residence address, and to periodically verify a residence address 272
and that, if the offender has any questions concerning these 273
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duties, the offender may contact the chief of police or sheriff 274
who sent the form for an explanation of the duties. If the 275
offender appears in person before the chief of police or sheriff, 276
the chief or sheriff shall provide the notice as described in 277
division (B)(1)(a) of this section, and all provisions of this 279
section that apply regarding a notice provided by an official, 280
official's designee, or judge in that manner shall be applicable. 281
(b) If the notice is provided under division (A)(1) or, 283
(2), OR (4) of this section, the official, official's designee, 285
or judge shall require the offender to read and sign a form 286
prescribed by the bureau of criminal identification and 287
investigation, stating that the offender's duties to register, to 288
register a new residence address, and to periodically verify a 289
residence address have been explained to the offender. If the 290
offender is unable to read, the official, official's designee, or
judge shall certify on the form that the official, designee, or 291
judge specifically informed the offender of those duties and that 292
the offender indicated an understanding of those duties. 293
(c) For a ANY notice provided under division (A)(1), (2), 295
or (3) of this section, the form used shall contain all of the 297
information required by the bureau of criminal identification and
investigation, including, but not limited to, a statement as to 299
whether the offender has been adjudicated as being a sexual
predator relative to the sexually oriented offense in question, a 300
statement as to whether the offender has been determined to be a 301
habitual sex offender, an explanation of the periodic residence 303
address verification process and of the frequency with which the 304
offender will be required to verify the residence address under 305
that process, and a statement that the offender must verify the 306
residence address at the times specified under that process or
face criminal prosecution. 307
(d) IF THE NOTICE IS PROVIDED UNDER DIVISION (A)(4) OF 309
THIS SECTION, THE FORM ALSO SHALL INCLUDE A STATEMENT THAT THE 311
NOTICE REPLACES ANY NOTICE PREVIOUSLY PROVIDED TO THE OFFENDER 312
8
UNDER DIVISION (A)(1) OF THIS SECTION, A STATEMENT THAT THE 313
OFFENDER'S DUTIES DESCRIBED IN THIS NOTICE SUPERSEDE THE DUTIES 314
DESCRIBED IN THE PRIOR NOTICE, AND A STATEMENT NOTIFYING THE 315
OFFENDER THAT, IF THE OFFENDER ALREADY HAS REGISTERED UNDER 316
SECTION 2950.04 OF THE REVISED CODE, THE OFFENDER MUST REGISTER 317
AGAIN PURSUANT TO DIVISION (A)(6) OF THAT SECTION. 318
(2) After an offender described in division (A)(1) or, 321
(2), OR (4) of this section has signed the form described in 322
division (B)(1) of this section or the official, official's 324
designee, or judge has certified on it that it has been explained
to the offender and that the offender indicated an understanding 325
of the duties indicated on it, the official, official's designee, 326
or judge shall give one copy of the form to the offender, within 327
three days shall send one copy of the form to the bureau of 328
criminal identification and investigation in accordance with the 329
procedures adopted pursuant to section 2950.13 of the Revised 330
Code, and shall send one copy of the form to the sheriff of the 331
county in which the offender expects to reside. After a chief of 332
police or sheriff has sent a form to an offender under division 333
(A)(3) of this section, the chief or sheriff shall send a copy of 334
the form to the bureau of criminal identification and 335
investigation in accordance with the procedures adopted pursuant 336
to section 2950.13 of the Revised Code. 337
(C) The official, official's designee, judge, chief of 340
police, or sheriff who is required to provide notice to an
offender under division (A) of this section shall do all of the 341
following:
(1) If the notice is provided under division (A)(1) or, 343
(2), OR (4) of this section, the official, designee, or judge 345
shall determine the offender's name, identifying factors, and 346
expected future residence address, shall obtain the offender's 347
criminal history, and shall obtain a photograph and the 349
fingerprints of the offender. If the notice is provided by a 350
judge under division (A)(2) OR (4) of this section, the sheriff 352
9
shall provide the offender's criminal history to the judge. The 353
official, official's designee, or judge shall obtain this 354
information and these items prior to giving the notice, except 355
that a judge may give the notice prior to obtaining the 356
offender's criminal history. Within three days after receiving 358
this information and these items, the official, official's 359
designee, or judge shall forward the information and items to the 360
bureau of criminal identification and investigation in accordance 361
with the forwarding procedures adopted pursuant to section 362
2950.13 of the Revised Code and to the sheriff of the county in 364
which the offender expects to reside. If it has not already done
so, the bureau of criminal identification and investigation shall 365
forward a copy of the fingerprints and conviction data received 366
under this division to the federal bureau of investigation. 367
(2) If the notice is provided under division (A)(3) of 369
this section, the chief of police or sheriff shall determine the 370
offender's name, identifying factors, and residence address, 371
shall obtain the offender's criminal history from the bureau of 372
criminal identification and investigation, and, to the extent 373
possible, shall obtain a photograph and the fingerprints of the 374
offender. Within three days after receiving this information and 375
these items, the chief or sheriff shall forward the information 376
and items to the bureau of criminal identification and 377
investigation in accordance with the forwarding procedures 378
adopted pursuant to section 2950.13 of the Revised Code and, in 379
relation to a chief of police, to the sheriff of the county in 380
which the offender resides. If it has not already done so, the 381
bureau of criminal identification and investigation shall forward 382
a copy of the fingerprints and conviction data so received to the 383
federal bureau of investigation. 384
Sec. 2950.04. (A) Each offender who is convicted of or 394
pleads guilty to, or has been convicted of or pleaded guilty to, 395
a sexually oriented offense and who is described in division 396
(A)(1), (2), or (3) of this section shall register with the 397
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sheriff of the following applicable described county and at the 398
following time:
(1) Regardless of when the sexually oriented offense was 400
committed, if the offender is sentenced for the sexually oriented 401
offense to a prison term, a term of imprisonment, or any other 402
type of confinement and if, on or after July 1, 1997, the 405
offender is released in any manner from the prison term, term of 406
imprisonment, or confinement, within seven days of the offender's 407
coming into any county in which the offender resides or 408
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county. 409
(2) Regardless of when the sexually oriented offense was 411
committed, if the offender is sentenced for a sexually oriented 412
offense on or after July 1, 1997, and if division (A)(1) of this 414
section does not apply, within seven days of the offender's 416
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 417
shall register with the sheriff of that county. 418
(3) If the sexually oriented offense was committed prior 420
to July 1, 1997, if neither division (A)(1) nor division (A)(2) 423
of this section applies, and if, immediately prior to July 1, 425
1997, the offender was a habitual sex offender who was required 426
to register under Chapter 2950. of the Revised Code, within seven 427
days of the offender's coming into any county in which the 428
offender resides or temporarily is domiciled for more than seven 429
days, the offender shall register with the sheriff of that 430
county. 431
(4) Regardless of when the sexually oriented offense was 433
committed, if divisions (A)(1), (2), and (3) of this section do 435
not apply, if the offender is convicted of or pleads guilty to a 436
sexually oriented offense in another state or in a federal court,
military court, or an Indian tribal court, if, on or after July 438
1, 1997, the offender moves to and resides in this state or
temporarily is domiciled in this state for more than seven days, 439
11
and if, at the time the offender moves to and resides in this 440
state or temporarily is domiciled in this state for more than 441
seven days, the offender has a duty to register as a sex offender 443
under the law of that other jurisdiction as a result of the
conviction or guilty plea, within seven days of the offender's 445
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender 446
shall register with the sheriff of that county. 447
(5) Regardless of when the sexually oriented offense was 449
committed, if divisions (A)(1), (2), and (3) of this section do 450
not apply, if the offender is convicted of or pleads guilty to a 451
sexually oriented offense in another state or in a federal court, 452
military court, or an Indian tribal court, if, on or after July 453
1, 1997, the offender is released from imprisonment or 454
confinement imposed for that offense, and if, on or after July 1, 456
1997, the offender moves to and resides in this state or 457
temporarily is domiciled in this state for more than seven days, 458
within seven days of the offender's coming into any county in 460
which the offender resides or temporarily is domiciled for more 461
than seven days the offender shall register with the sheriff of 462
that county. The duty to register as described in this division 463
applies regardless of whether the offender, at the time of moving 465
to and residing in this state or temporarily being domiciled in 466
this state for more than seven days, has a duty to register as a 467
sex offender under the law of the jurisdiction in which the 468
conviction or guilty plea occurred.
(6) IF DIVISION (A)(1) OF THIS SECTION APPLIES AND IF, 470
SUBSEQUENT TO THE OFFENDER'S RELEASE, THE OFFENDER IS ADJUDICATED 472
TO BE A SEXUAL PREDATOR UNDER DIVISION (C) OF SECTION 2950.09 OF 473
THE REVISED CODE, THE OFFENDER SHALL REGISTER WITHIN SEVEN DAYS 475
OF THE ADJUDICATION WITH THE SHERIFF OF THE COUNTY IN WHICH THE 476
OFFENDER RESIDES OR TEMPORARILY IS DOMICILED FOR MORE THAN SEVEN 477
DAYS AND SHALL REGISTER WITH THE SHERIFF OF ANY COUNTY IN WHICH 478
THE OFFENDER SUBSEQUENTLY RESIDES OR TEMPORARILY IS DOMICILED FOR 479
12
MORE THAN SEVEN DAYS WITHIN SEVEN DAYS OF COMING INTO THAT 480
COUNTY.
(B) An offender who is required by division (A) of this 482
section to register personally shall obtain from the sheriff or 483
from a designee of the sheriff a registration form that conforms 484
to division (C) of this section, shall complete and sign the 486
form, and shall return the completed form together with the
offender's photograph to the sheriff or the designee. The 487
sheriff or designee shall sign the form and indicate on the form 488
the date on which it is so returned. The registration required 489
under this division is complete when the offender returns the 490
form, containing the requisite information, photograph,
signatures, and date, to the sheriff or designee. 491
(C) The registration form to be used under divisions (A) 494
and (B) of this section shall contain the current residence 495
address of the offender who is registering, the name and address
of the offender's employer, if the offender is employed at the 496
time of registration or if the offender knows at the time of 497
registration that the offender will be commencing employment with 498
that employer subsequent to registration, and any other 499
information required by the bureau of criminal identification and 500
investigation and shall include the offender's photograph.
Additionally, if the offender has been adjudicated as being a 501
sexual predator relative to the sexually oriented offense in 502
question and the court has not subsequently determined pursuant 503
to division (D) of section 2950.09 of the Revised Code that the 504
offender no longer is a sexual predator or if the sentencing 505
judge determined pursuant to division (C) of section 2950.09 of 506
the Revised Code that the offender is a habitual sex offender,
the offender shall include on the signed, written registration 507
form all of the following information: 508
(1) A specific declaration that the person has been 510
adjudicated as being a sexual predator or has been determined to 511
be a habitual sex offender, whichever is applicable; 512
13
(2) If the offender has been adjudicated as being a sexual 514
predator, the identification license plate number of each motor 515
vehicle the offender owns and of each motor vehicle registered in 516
the offender's name.
(D) After an offender registers with a sheriff pursuant to 519
this section, the sheriff shall forward the signed, written 520
registration form and photograph to the bureau of criminal
identification and investigation in accordance with the 522
forwarding procedures adopted pursuant to section 2950.13 of the 523
Revised Code. The bureau shall include the information and 524
materials forwarded to it under this division in the state 525
registry of sex offenders established and maintained under 526
section 2950.13 of the Revised Code. 527
(E) No person who is required to register pursuant to 529
divisions (A) and (B) of this section shall fail to register as 531
required in accordance with those divisions or that division.
(F) An offender who is required to register pursuant to 533
divisions (A) and (B) of this section shall register pursuant to 534
this section for the period of time specified in section 2950.07 535
of the Revised Code.
Sec. 2950.09. (A) If a person is convicted of or pleads 544
guilty to committing, on or after January 1, 1997, a sexually 547
oriented offense that is a sexually violent offense and also is 548
convicted of or pleads guilty to a sexually violent predator 549
specification that was included in the indictment, count in the 550
indictment, or information charging the sexually violent offense, 551
the conviction of or plea of guilty to the specification 552
automatically classifies the offender as a sexual predator for 553
purposes of this chapter. If a person is convicted of or pleads 554
guilty to a sexually oriented offense in another state, or in a 555
federal court, military court, or an Indian tribal court and if, 556
as a result of that conviction or plea of guilty, the person is 557
required, under the law of the jurisdiction in which the person 558
was convicted or pleaded guilty, to register as a sex offender 559
14
until the person's death and is required to verify the person's 560
address on at least a quarterly basis each year, that conviction 561
or plea of guilty automatically classifies the offender as a 562
sexual predator for the purposes of this chapter, but the 563
offender may challenge that classification pursuant to division
(F) of this section. In all other cases, a person who is 565
convicted of or pleads guilty to, or has been convicted of or 566
pleaded guilty to, a sexually oriented offense may be classified 567
as a sexual predator for purposes of this chapter only in 568
accordance with division (B) or (C) of this section. 569
(B)(1) Regardless of when the sexually oriented offense 572
was committed, if a person is to be sentenced on or after the 573
effective date of this section JANUARY 1, 1997, for a sexually 575
oriented offense that is not a sexually violent offense, or if a 576
person is to be sentenced on or after January 1, 1997, for a 578
sexually oriented offense that is a sexually violent offense and 579
a sexually violent predator specification was not included in the 580
indictment, count in the indictment, or information charging the 581
sexually violent offense, the judge who is to impose sentence 582
upon the offender shall conduct a hearing to determine whether 583
the offender is a sexual predator. The judge shall conduct the 584
hearing prior to sentencing and, if the sexually oriented offense 585
is a felony, may conduct it as part of the sentencing hearing 586
required by section 2929.19 of the Revised Code. The court shall 587
give the offender and the prosecutor who prosecuted the offender 588
for the sexually oriented offense notice of the date, time, and 589
location of the hearing. At the hearing, the offender and the
prosecutor shall have an opportunity to testify, present 591
evidence, call and examine witnesses and expert witnesses, and 593
cross-examine witnesses and expert witnesses regarding the 594
determination as to whether the offender is a sexual predator.
The offender shall have the right to be represented by counsel 595
and, if indigent, the right to have counsel appointed to 596
represent the offender. 597
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(2) In making a determination under divisions (B)(1) and 599
(3) of this section as to whether an offender is a sexual 600
predator, the judge shall consider all relevant factors, 601
including, but not limited to, all of the following: 602
(a) The offender's age; 604
(b) The offender's prior criminal record regarding all 607
offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense 609
for which sentence is to be imposed; 610
(d) Whether the sexually oriented offense for which 612
sentence is to be imposed involved multiple victims; 613
(e) Whether the offender used drugs or alcohol to impair 615
the victim of the sexually oriented offense or to prevent the 616
victim from resisting; 617
(f) If the offender previously has been convicted of or 620
pleaded guilty to any criminal offense, whether the offender
completed any sentence imposed for the prior offense and, if the 621
prior offense was a sex offense or a sexually oriented offense, 622
whether the offender participated in available programs for 623
sexual offenders;
(g) Any mental illness or mental disability of the 625
offender; 626
(h) The nature of the offender's sexual conduct, sexual 629
contact, or interaction in a sexual context with the victim of
the sexually oriented offense and whether the sexual conduct, 630
sexual contact, or interaction in a sexual context was part of a 631
demonstrated pattern of abuse; 632
(i) Whether the offender, during the commission of the 635
sexually oriented offense for which sentence is to be imposed,
displayed cruelty or made one or more threats of cruelty; 636
(j) Any additional behavioral characteristics that 638
contribute to the offender's conduct. 639
(3) After reviewing all testimony and evidence presented 642
at the hearing conducted under division (B)(1) of this section 643
16
and the factors specified in division (B)(2) of this section, the 644
judge shall determine by clear and convincing evidence whether
the offender is a sexual predator. If the judge determines that 646
the offender is not a sexual predator, the judge shall specify in
the offender's sentence and the judgment of conviction that 647
contains the sentence that the judge has determined that the 648
offender is not a sexual predator. If the judge determines by 649
clear and convincing evidence that the offender is a sexual 650
predator, the judge shall specify in the offender's sentence and 651
the judgment of conviction that contains the sentence that the 652
judge has determined that the offender is a sexual predator and 653
shall specify that the determination was pursuant to division (B) 655
of this section. The offender and the prosecutor who prosecuted 656
the offender for the sexually oriented offense in question may 657
appeal as a matter of right the judge's determination under this 658
division as to whether the offender is, or is not, a sexual 659
predator.
(4) A hearing shall not be conducted under division (B) of 662
this section regarding an offender if the sexually oriented
offense in question is a sexually violent offense and the 663
indictment, count in the indictment, or information charging the 664
offense also included a sexually violent predator specification. 665
(C)(1) If a person was convicted of or pleaded guilty to a 667
sexually oriented offense prior to January 1, 1997, if the person 669
was not sentenced for the offense on or after January 1, 1997, 671
and if, on or after January 1, 1997, the offender is serving a 673
term of imprisonment in a state correctional institution, prior 674
to the offender's release from the term of imprisonment, the 675
department of rehabilitation and correction shall determine 677
whether to recommend that the offender be adjudicated as being a 678
sexual predator. In making a determination under this division 679
as to whether to recommend that the offender be adjudicated as 680
being a sexual predator, the department shall consider all 681
relevant factors, including, but not limited to, all of the 682
17
factors specified in division (B)(2) of this section. If the 683
department determines that it will recommend that the offender be 685
adjudicated as being a sexual predator, it immediately shall send 686
the recommendation to the court that sentenced the offender and 687
shall enter its determination and recommendation in the 688
offender's institutional record, and the court shall proceed in 689
accordance with division (C)(2) of this section. 690
(2)(a) If, pursuant to division (C)(1) of this section, 692
the department of rehabilitation and correction sends to a court 694
a recommendation that an offender who has been convicted of or 695
pleaded guilty to a sexually oriented offense be adjudicated as 696
being a sexual predator, the court is not bound by the 697
department's recommendation, and the court may conduct a hearing 698
to determine whether the offender is a sexual predator. The 699
court may deny the recommendation and determine that the offender 700
is not a sexual predator without a hearing but shall not make a 701
determination that the offender is a sexual predator in any case 702
without a hearing. THE COURT MAY HOLD THE HEARING AND MAKE THE 704
DETERMINATION PRIOR TO THE OFFENDER'S RELEASE FROM IMPRISONMENT 705
OR AT ANY TIME WITHIN ONE YEAR FOLLOWING THE OFFENDER'S RELEASE 707
FROM THAT IMPRISONMENT. If the court determines without a 709
hearing that the offender is not a sexual predator, it shall 710
include its determination in the offender's institutional record 711
and shall determine whether the offender previously has been 713
convicted of or pleaded guilty to a sexually oriented offense 714
other than the offense in relation to which the court determined
that the offender is not a sexual predator. 715
The court may make the determination as to whether the 717
offender previously has been convicted of or pleaded guilty to a 718
sexually oriented offense without a hearing, but, if the court 719
determines that the offender previously has been convicted of or 720
pleaded guilty to such an offense, it shall not impose a 721
requirement that the offender be subject to the community 722
notification provisions regarding the offender's place of 723
18
residence that are contained in sections 2950.10 and 2950.11 of 724
the Revised Code without a hearing. The court may conduct a 726
hearing to determine both whether the offender previously has 727
been convicted of or pleaded guilty to a sexually oriented 728
offense and whether to impose a requirement that the offender be 729
subject to the community notification provisions as described in 730
this division, or may conduct a hearing solely to make the latter 731
determination. The court shall include in the offender's 732
institutional record any determination made under this division 733
as to whether the offender previously has been convicted of or 734
pleaded guilty to a sexually oriented offense, and, as such, 735
whether the offender is a habitual sex offender. 736
(b) If the court schedules a hearing under division 738
(C)(2)(a) of this section, the court shall give the offender and 740
the prosecutor who prosecuted the offender for the sexually 741
oriented offense, or that prosecutor's successor in office, 742
notice of the date, time, and place of the hearing. If the 743
hearing is to determine whether the offender is a sexual 744
predator, it shall be conducted in the manner described in 745
division (B)(1) of this section regarding hearings conducted 746
under that division and, in making a determination under this 747
division as to whether the offender is a sexual predator, the 748
court shall consider all relevant factors, including, but not 749
limited to, all of the factors specified in division (B)(2) of 750
this section. After reviewing all testimony and evidence 751
presented at the sexual predator hearing and the factors 752
specified in division (B)(2) of this section, the court shall 754
determine by clear and convincing evidence whether the offender 755
is a sexual predator. If the court determines that the offender 756
is not a sexual predator, it also shall determine whether the 757
offender previously has been convicted of or pleaded guilty to a 758
sexually oriented offense other than the offense in relation to 759
which the hearing is being conducted. 760
Upon making its determinations at the hearing, the court 762
19
shall proceed as follows: 763
(i) If the hearing is to determine whether the offender is 766
a sexual predator, and if the court determines that the offender 768
is not a sexual predator and that the offender previously has not 769
been convicted of or pleaded guilty to a sexually oriented
offense other than the offense in relation to which the hearing 770
is being conducted, it shall include its determinations in the 772
offender's institutional record. 773
(ii) If the hearing is to determine whether the offender 775
is a sexual predator, and if the court determines that the 776
offender is not a sexual predator but that the offender 777
previously has been convicted of or pleaded guilty to a sexually 778
oriented offense other than the offense in relation to which the 779
hearing is being conducted, it shall include its determination 780
that the offender is not a sexual predator but is a habitual sex 781
offender in the offender's institutional record, shall attach the 782
determinations to the offender's sentence, shall specify that the 783
determinations were pursuant to division (C) of this section, 785
shall provide a copy of the determinations to the offender, to 786
the prosecuting attorney, and to the department of rehabilitation 787
and correction, and may impose a requirement that the offender be 789
subject to the community notification provisions regarding the 790
offender's place of residence that are contained in sections
2950.10 and 2950.11 of the Revised Code. The offender shall not 792
be subject to those community notification provisions relative to 794
the sexually oriented offense in question if the court does not 795
so impose the requirement described in this division. If the 796
court imposes those community notification provisions, the
offender may appeal the judge's determination that the offender 797
is a habitual sex offender. 798
(iii) If the hearing is to determine whether the offender 801
previously has been convicted of or pleaded guilty to a sexually 802
oriented offense other than the offense in relation to which the 803
hearing is being conducted and whether to impose a requirement 804
20
that the offender be subject to the specified community 805
notification provisions, and if the court determines that the 806
offender previously has been convicted of or pleaded guilty to 807
such an offense, the court shall proceed as described in division 808
(C)(2)(b)(ii) of this section and may impose a community 809
notification requirement as described in that division. The 810
offender shall not be subject to the specified community 811
notification provisions relative to the sexually oriented offense 812
in question if the court does not so impose the requirement 813
described in that division. If the court imposes those community 814
notification provisions, the offender may appeal the judge's 815
determination that the offender is a habitual sex offender. 817
(iv) If the court determined without a hearing that the 820
offender previously has been convicted of or pleaded guilty to a 821
sexually oriented offense other than the offense in relation to 822
which the court determined that the offender is not a sexual 823
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement 824
that the offender be subject to the specified community 825
notification provisions, after the hearing, the court may impose 826
a community notification requirement as described in division 827
(C)(2)(b)(ii) of this section. The offender shall not be subject 829
to the specified community notification provisions relative to 830
the sexually oriented offense in question if the court does not 831
so impose the requirement described in that division. If the 832
court imposes those community notification provisions, the 833
offender may appeal the judge's determination that the offender 834
is a habitual sex offender. 835
(v) If the hearing is to determine whether the offender is 838
a sexual predator, and if the court determines by clear and 839
convincing evidence that the offender is a sexual predator, it 840
shall enter its determination in the offender's institutional 841
record, shall attach the determination to the offender's 842
sentence, shall specify that the determination was pursuant to 843
21
division (C) of this section, and shall provide a copy of the 845
determination to the offender, to the prosecuting attorney, and 846
to the department of rehabilitation and correction. The offender 847
and the prosecutor may appeal as a matter of right the judge's 848
determination under this division as to whether the offender is, 849
or is not, a sexual predator.
(D)(1) Upon the expiration of the applicable period of 851
time specified in division (D)(1)(a) or (b) of this section, an 853
offender who has been convicted of or pleaded guilty to a
sexually oriented offense and who has been adjudicated as being a 855
sexual predator relative to the sexually oriented offense in the 856
manner described in division (B) or (C) of this section may 857
petition the judge who made the determination that the offender 858
was a sexual predator, or that judge's successor in office, to 859
enter a determination that the offender no longer is a sexual
predator. Upon the filing of the petition, the judge may review 861
the prior sexual predator or determination that comprises the 862
sexual SEXUALLY violent predator adjudication, and, upon 863
consideration of all relevant evidence and information, 865
including, but not limited to, the factors set forth in division 866
(B)(2) of this section, either shall enter a determination that 867
the offender no longer is a sexual predator or shall enter an 868
order denying the petition. The court shall not enter a 869
determination under this division that the offender no longer is 870
a sexual predator unless the court determines by clear and 871
convincing evidence that the offender is unlikely to commit a 872
sexually oriented offense in the future. If the judge enters a 874
determination under this division that the offender no longer is
a sexual predator, the judge shall notify the bureau of criminal 876
identification and investigation and the parole board of the 877
determination. Upon receipt of the notification, the bureau 878
promptly shall notify the sheriff with whom the offender most 879
recently registered under section 2950.04 or 2950.05 of the 880
Revised Code of the determination that the offender no longer is 881
22
a sexual predator. If the judge enters an order denying the 882
petition, the prior adjudication of the offender as a sexual 884
predator shall remain in effect. An offender determined to be a
sexual predator in the manner described in division (B) or (C) of 886
this section may file a petition under this division after the
expiration of the following periods of time: 887
(a) Regardless of when the sexually oriented offense was 889
committed, if, on or after January 1, 1997, the offender is 891
imprisoned or sentenced to a prison term or other confinement for 893
the sexually oriented offense in relation to which the 894
determination was made, the offender initially may file the 895
petition not earlier than one year prior to the offender's 896
release from the imprisonment, prison term, or other confinement 897
by discharge, parole, judicial release, or any other final 898
release. If the offender is sentenced on or after January 1, 900
1997, for the sexually oriented offense in relation to which the 901
determination is made and is not imprisoned or sentenced to a 902
prison term or other confinement for the sexually oriented 903
offense, the offender initially may file the petition upon the 904
expiration of one year after the entry of the offender's judgment 905
of conviction.
(b) After the offender's initial filing of a petition 908
under division (D)(1)(a) of this section, thereafter, an offender 909
may file a petition under this division upon the expiration of 910
five years after the court has entered an order denying the most
recent petition the offender has filed under this division. 911
(2) Except as otherwise provided in this division, 913
division (D)(1) of this section does not apply to a person who is 914
classified as a sexual predator pursuant to division (A) of this 915
section. If a person who is so classified was sentenced to a 916
prison term pursuant to division (A)(3) of section 2971.03 of the 918
Revised Code and if the sentencing court terminates the 919
offender's prison term as provided in division (D) of section 920
2971.05 of the Revised Code, the court's termination of the 921
23
prison term automatically shall constitute a determination by the 922
court that the offender no longer is a sexual predator. If the 923
court so terminates the offender's prison term, the court shall 924
notify the bureau of criminal identification and investigation 925
and the parole board of the determination that the offender no 926
longer is a sexual predator. Upon receipt of the notification, 927
the bureau promptly shall notify the sheriff with whom the 928
offender most recently registered under section 2950.04 or 929
2950.05 of the Revised Code that the offender no longer is a 931
sexual predator. If an offender who is classified as a sexual 932
predator pursuant to division (A) of this section is released 933
from prison pursuant to a pardon or commutation, the
classification of the offender as a sexual predator shall remain 934
in effect after the offender's release, and the offender may file 935
one or more petitions in accordance with the procedures and time 936
limitations contained in division (D)(1) of this section for a 937
determination that the offender no longer is a sexual predator. 938
(E) If a person is convicted of or pleads guilty to 941
committing, on or after January 1, 1997, a sexually oriented 943
offense, the judge who is to impose sentence on the offender 944
shall determine, prior to sentencing, whether the offender 945
previously has been convicted of or pleaded guilty to a sexually 946
oriented offense. If the judge determines that the offender 947
previously has not been convicted of or pleaded guilty to a 948
sexually oriented offense, the judge shall specify in the 949
offender's sentence that the judge has determined that the 950
offender is not a habitual sex offender. If the judge determines 951
that the offender previously has been convicted of or pleaded 952
guilty to a sexually oriented offense, the judge shall specify in 953
the offender's sentence and the judgment of conviction that 954
contains the sentence that the judge has determined that the 955
offender is a habitual sex offender and may impose a requirement 956
in that sentence and judgment of conviction that the offender be 957
subject to the community notification provisions regarding the 958
24
offender's place of residence that are contained in sections 959
2950.10 and 2950.11 of the Revised Code. Unless the habitual sex 961
offender also has been adjudicated as being a sexual predator 962
relative to the sexually oriented offense in question, the 963
offender shall not be subject to those community notification 964
provisions if the court does not impose the requirement described 965
in this division in the offender's sentence and the judgment of 966
conviction.
(F)(1) An offender classified as a sexual predator may 969
petition the court of common pleas of the county in which the 970
offender resides or temporarily is domiciled to enter a
determination that the offender is not an adjudicated sexual 972
predator in this state for purposes of the sex offender 973
registration requirements of this chapter or the community
notification provisions contained in sections 2950.10 and 2950.11 974
of the Revised Code if all of the following apply: 975
(a) The offender was convicted of or pleaded guilty to a 977
sexually oriented offense in another state or in a federal court, 978
a military court, or an Indian tribal court. 979
(b) As a result of the conviction or plea of guilty 981
described in division (F)(1)(a) of this section, the offender is 982
required under the law of the jurisdiction under which the 983
offender was convicted or pleaded guilty to register as a sex 984
offender until the offender's death and is required to verify the 985
offender's address on at least a quarterly basis each year. 986
(c) The offender was automatically classified as a sexual 988
predator under division (A) of this section in relation to the 989
conviction or guilty plea described in division (F)(1)(a) of this 991
section.
(2) The court may enter a determination that the offender 993
filing the petition described in division (F)(1) of this section 995
is not an adjudicated sexual predator in this state for purposes
of the sex offender registration requirements of this chapter or 996
the community notification provisions contained in sections 997
25
2950.10 and 2950.11 of the Revised Code only if the offender 998
proves by clear and convincing evidence that the requirement of 999
the other jurisdiction that the offender register as a sex 1,001
offender until the offender's death and the requirement that the 1,002
offender verify the offender's address on at least a quarterly
basis each year is not substantially similar to a classification 1,003
as a sexual predator for purposes of this chapter. 1,004
Section 2. That existing sections 2950.01, 2950.03, 1,006
2950.04, and 2950.09 of the Revised Code are hereby repealed. 1,007