SENATOR Jacobson

To amend section 2950.09 of the Revised Code regarding

1

sexual predator hearings for offenders convicted of

2

a sexually oriented offense but acquitted of a

3

sexually violent predator specification, and to

4

declare an emergency.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2950.09 of the Revised Code be	6
amended to read as follows:	7

Sec. 2950.09. (A) If a person is convicted of or pleads	8
guilty to committing, on or after January 1, 1997, a sexually	9
oriented offense that is a sexually violent offense and also is	10
convicted of or pleads guilty to a sexually violent predator	11
specification that was included in the indictment, count in the	12
indictment, or information charging the sexually violent offense,	13
the conviction of or plea of guilty to the specification	14
automatically classifies the offender as a sexual predator for	15
purposes of this chapter. If a person is convicted of or pleads	16
guilty to a sexually oriented offense in another state, or in a	17
federal court, military court, or an Indian tribal court and if,	18
as a result of that conviction or plea of guilty, the person is	19
required, under the law of the jurisdiction in which the person	20
was convicted or pleaded guilty, to register as a sex offender	21
until the person's death and is required to verify the person's	22
address on at least a quarterly basis each year, that conviction	23
or plea of guilty automatically classifies the offender as a	24
sexual predator for the purposes of this chapter, but the offender	25
may challenge that classification pursuant to division (F) of this	26
section. In all other cases, a person who is convicted of or	27
pleads guilty to, or has been convicted of or pleaded guilty to, a	28
sexually oriented offense may be classified as a sexual predator	29
for purposes of this chapter only in accordance with division (B)	30
or (C) of this section.	31

(B)(1) Regardless of when the sexually oriented offense was	32
committed, if a person is to be sentenced on or after January 1,	33
1997, for a sexually oriented offense that is not a sexually	34
violent offense, or if a person is to be sentenced on or after	35
January 1, 1997, for a sexually oriented offense that is a	36
sexually violent offense and a sexually violent predator	37
specification was not included in the indictment, count in the	38
indictment, or information charging the sexually violent offense,	39
or if a person is to be sentenced on or after the effective date	40
of this amendment for a sexually oriented offense and that person	41
was acquitted of a sexually violent predator specification that	42
was included in the indictment, count in the indictment, or	43
information charging the sexually oriented offense, the judge who	44
is to impose sentence upon the offender shall conduct a hearing to	45
determine whether the offender is a sexual predator. The judge	46
shall conduct the hearing prior to sentencing and, if the sexually	47
oriented offense is a felony, may conduct it as part of the	48
sentencing hearing required by section 2929.19 of the Revised	49
Code. The court shall give the offender and the prosecutor who	50
prosecuted the offender for the sexually oriented offense notice	51
of the date, time, and location of the hearing. At the hearing,	52
the offender and the prosecutor shall have an opportunity to	53
testify, present evidence, call and examine witnesses and expert	54
witnesses, and cross-examine witnesses and expert witnesses	55
regarding the determination as to whether the offender is a sexual	56
predator. The offender shall have the right to be represented by	57
counsel and, if indigent, the right to have counsel appointed to	58
represent the offender.	59

(2) In making a determination under divisions (B)(1) and (3)	60
of this section as to whether an offender is a sexual predator,	61
the judge shall consider all relevant factors, including, but not	62
limited to, all of the following:	63

(a) The offender's age;

64

(b) The offender's prior criminal record regarding all	65
offenses, including, but not limited to, all sexual offenses;	66

(c) The age of the victim of the sexually oriented offense	67
for which sentence is to be imposed;	68

(d) Whether the sexually oriented offense for which sentence	69
is to be imposed involved multiple victims;	70

(e) Whether the offender used drugs or alcohol to impair the	71
victim of the sexually oriented offense or to prevent the victim	72
from resisting;	73

(f) If the offender previously has been convicted of or	74
pleaded guilty to any criminal offense, whether the offender	75
completed any sentence imposed for the prior offense and, if the	76
prior offense was a sex offense or a sexually oriented offense,	77
whether the offender participated in available programs for sexual	78
offenders;	79

(g) Any mental illness or mental disability of the offender;

80

(h) The nature of the offender's sexual conduct, sexual	81
contact, or interaction in a sexual context with the victim of the	82
sexually oriented offense and whether the sexual conduct, sexual	83
contact, or interaction in a sexual context was part of a	84
demonstrated pattern of abuse;	85

(i) Whether the offender, during the commission of the	86
sexually oriented offense for which sentence is to be imposed,	87
displayed cruelty or made one or more threats of cruelty;	88

(j) Any additional behavioral characteristics that	89
contribute to the offender's conduct.	90

(3) After reviewing all testimony and evidence presented at	91
the hearing conducted under division (B)(1) of this section and	92
the factors specified in division (B)(2) of this section, the	93
judge shall determine by clear and convincing evidence whether the	94
offender is a sexual predator. If the judge determines that the	95
offender is not a sexual predator, the judge shall specify in the	96
offender's sentence and the judgment of conviction that contains	97
the sentence that the judge has determined that the offender is	98
not a sexual predator. If the judge determines by clear and	99
convincing evidence that the offender is a sexual predator, the	100
judge shall specify in the offender's sentence and the judgment of	101
conviction that contains the sentence that the judge has	102
determined that the offender is a sexual predator and shall	103
specify that the determination was pursuant to division (B) of	104
this section. The offender and the prosecutor who prosecuted the	105
offender for the sexually oriented offense in question may appeal	106
as a matter of right the judge's determination under this division	107
as to whether the offender is, or is not, a sexual predator.	108

(4) A hearing shall not be conducted under division (B) of	109
this section regarding an offender if the sexually oriented	110
offense in question is a sexually violent offense and, if the	111
indictment, count in the indictment, or information charging the	112
offense also included a sexually violent predator specification,	113
and if the offender is convicted of or pleads guilty to that	114
sexually violent predator specification.	115

(C)(1) If a person was convicted of or pleaded guilty to a	116
sexually oriented offense prior to January 1, 1997, if the person	117
was not sentenced for the offense on or after January 1, 1997, and	118
if, on or after January 1, 1997, the offender is serving a term of	119
imprisonment in a state correctional institution, the department	120
of rehabilitation and correction shall determine whether to	121
recommend that the offender be adjudicated as being a sexual	122
predator. In making a determination under this division as to	123
whether to recommend that the offender be adjudicated as being a	124
sexual predator, the department shall consider all relevant	125
factors, including, but not limited to, all of the factors	126
specified in division (B)(2) of this section. If the department	127
determines that it will recommend that the offender be adjudicated	128
as being a sexual predator, it immediately shall send the	129
recommendation to the court that sentenced the offender and shall	130
enter its determination and recommendation in the offender's	131
institutional record, and the court shall proceed in accordance	132
with division (C)(2) of this section.	133

(2)(a) If, pursuant to division (C)(1) of this section, the	134
department of rehabilitation and correction sends to a court a	135
recommendation that an offender who has been convicted of or	136
pleaded guilty to a sexually oriented offense be adjudicated as	137
being a sexual predator, the court is not bound by the	138
department's recommendation, and the court may conduct a hearing	139
to determine whether the offender is a sexual predator. The court	140
may deny the recommendation and determine that the offender is not	141
a sexual predator without a hearing but shall not make a	142
determination that the offender is a sexual predator in any case	143
without a hearing. The court may hold the hearing and make the	144
determination prior to the offender's release from imprisonment or	145
at any time within one year following the offender's release from	146
that imprisonment. If the court determines without a hearing that	147
the offender is not a sexual predator, it shall include its	148
determination in the offender's institutional record and shall	149
determine whether the offender previously has been convicted of or	150
pleaded guilty to a sexually oriented offense other than the	151
offense in relation to which the court determined that the	152
offender is not a sexual predator.	153

The court may make the determination as to whether the	154
offender previously has been convicted of or pleaded guilty to a	155
sexually oriented offense without a hearing, but, if the court	156
determines that the offender previously has been convicted of or	157
pleaded guilty to such an offense, it shall not impose a	158
requirement that the offender be subject to the community	159
notification provisions regarding the offender's place of	160
residence that are contained in sections 2950.10 and 2950.11 of	161
the Revised Code without a hearing. The court may conduct a	162
hearing to determine both whether the offender previously has been	163
convicted of or pleaded guilty to a sexually oriented offense and	164
whether to impose a requirement that the offender be subject to	165
the community notification provisions as described in this	166
division, or may conduct a hearing solely to make the latter	167
determination. The court shall include in the offender's	168
institutional record any determination made under this division as	169
to whether the offender previously has been convicted of or	170
pleaded guilty to a sexually oriented offense, and, as such,	171
whether the offender is a habitual sex offender.	172

(b) If the court schedules a hearing under division	173
(C)(2)(a) of this section, the court shall give the offender and	174
the prosecutor who prosecuted the offender for the sexually	175
oriented offense, or that prosecutor's successor in office, notice	176
of the date, time, and place of the hearing. If the hearing is to	177
determine whether the offender is a sexual predator, it shall be	178
conducted in the manner described in division (B)(1) of this	179
section regarding hearings conducted under that division and, in	180
making a determination under this division as to whether the	181
offender is a sexual predator, the court shall consider all	182
relevant factors, including, but not limited to, all of the	183
factors specified in division (B)(2) of this section. After	184
reviewing all testimony and evidence presented at the sexual	185
predator hearing and the factors specified in division (B)(2) of	186
this section, the court shall determine by clear and convincing	187
evidence whether the offender is a sexual predator. If the court	188
determines that the offender is not a sexual predator, it also	189
shall determine whether the offender previously has been convicted	190
of or pleaded guilty to a sexually oriented offense other than the	191
offense in relation to which the hearing is being conducted.	192

Upon making its determinations at the hearing, the court	193
shall proceed as follows:	194

(i) If the hearing is to determine whether the offender is a	195
sexual predator, and if the court determines that the offender is	196
not a sexual predator and that the offender previously has not	197
been convicted of or pleaded guilty to a sexually oriented offense	198
other than the offense in relation to which the hearing is being	199
conducted, it shall include its determinations in the offender's	200
institutional record.	201

(ii) If the hearing is to determine whether the offender is	202
a sexual predator, and if the court determines that the offender	203
is not a sexual predator but that the offender previously has been	204
convicted of or pleaded guilty to a sexually oriented offense	205
other than the offense in relation to which the hearing is being	206
conducted, it shall include its determination that the offender is	207
not a sexual predator but is a habitual sex offender in the	208
offender's institutional record, shall attach the determinations	209
to the offender's sentence, shall specify that the determinations	210
were pursuant to division (C) of this section, shall provide a	211
copy of the determinations to the offender, to the prosecuting	212
attorney, and to the department of rehabilitation and correction,	213
and may impose a requirement that the offender be subject to the	214
community notification provisions regarding the offender's place	215
of residence that are contained in sections 2950.10 and 2950.11 of	216
the Revised Code. The offender shall not be subject to those	217
community notification provisions relative to the sexually	218
oriented offense in question if the court does not so impose the	219
requirement described in this division. If the court imposes	220
those community notification provisions, the offender may appeal	221
the judge's determination that the offender is a habitual sex	222
offender.	223

(iii) If the hearing is to determine whether the offender	224
previously has been convicted of or pleaded guilty to a sexually	225
oriented offense other than the offense in relation to which the	226
hearing is being conducted and whether to impose a requirement	227
that the offender be subject to the specified community	228
notification provisions, and if the court determines that the	229
offender previously has been convicted of or pleaded guilty to	230
such an offense, the court shall proceed as described in division	231
(C)(2)(b)(ii) of this section and may impose a community	232
notification requirement as described in that division. The	233
offender shall not be subject to the specified community	234
notification provisions relative to the sexually oriented offense	235
in question if the court does not so impose the requirement	236
described in that division. If the court imposes those community	237
notification provisions, the offender may appeal the judge's	238
determination that the offender is a habitual sex offender.	239

(iv) If the court determined without a hearing that the	240
offender previously has been convicted of or pleaded guilty to a	241
sexually oriented offense other than the offense in relation to	242
which the court determined that the offender is not a sexual	243
predator, and, as such, is a habitual sex offender, and the	244
hearing is solely to determine whether to impose a requirement	245
that the offender be subject to the specified community	246
notification provisions, after the hearing, the court may impose a	247
community notification requirement as described in division	248
(C)(2)(b)(ii) of this section. The offender shall not be subject	249
to the specified community notification provisions relative to the	250
sexually oriented offense in question if the court does not so	251
impose the requirement described in that division. If the court	252
imposes those community notification provisions, the offender may	253
appeal the judge's determination that the offender is a habitual	254
sex offender.	255

(v) If the hearing is to determine whether the offender is a	256
sexual predator, and if the court determines by clear and	257
convincing evidence that the offender is a sexual predator, it	258
shall enter its determination in the offender's institutional	259
record, shall attach the determination to the offender's sentence,	260
shall specify that the determination was pursuant to division (C)	261
of this section, and shall provide a copy of the determination to	262
the offender, to the prosecuting attorney, and to the department	263
of rehabilitation and correction. The offender and the prosecutor	264
may appeal as a matter of right the judge's determination under	265
this division as to whether the offender is, or is not, a sexual	266
predator.	267

(D)(1) Upon the expiration of the applicable period of time	268
specified in division (D)(1)(a) or (b) of this section, an	269
offender who has been convicted of or pleaded guilty to a sexually	270
oriented offense and who has been adjudicated as being a sexual	271
predator relative to the sexually oriented offense in the manner	272
described in division (B) or (C) of this section may petition the	273
judge who made the determination that the offender was a sexual	274
predator, or that judge's successor in office, to enter a	275
determination that the offender no longer is a sexual predator.	276
Upon the filing of the petition, the judge may review the prior	277
sexual predator determination that comprises the sexually violent	278
predator adjudication, and, upon consideration of all relevant	279
evidence and information, including, but not limited to, the	280
factors set forth in division (B)(2) of this section, either shall	281
enter a determination that the offender no longer is a sexual	282
predator or shall enter an order denying the petition. The court	283
shall not enter a determination under this division that the	284
offender no longer is a sexual predator unless the court	285
determines by clear and convincing evidence that the offender is	286
unlikely to commit a sexually oriented offense in the future. If	287
the judge enters a determination under this division that the	288
offender no longer is a sexual predator, the judge shall notify	289
the bureau of criminal identification and investigation and the	290
parole board of the determination. Upon receipt of the	291
notification, the bureau promptly shall notify the sheriff with	292
whom the offender most recently registered under section 2950.04	293
or 2950.05 of the Revised Code of the determination that the	294
offender no longer is a sexual predator. If the judge enters an	295
order denying the petition, the prior adjudication of the offender	296
as a sexual predator shall remain in effect. An offender	297
determined to be a sexual predator in the manner described in	298
division (B) or (C) of this section may file a petition under this	299
division after the expiration of the following periods of time:	300

(a) Regardless of when the sexually oriented offense was	301
committed, if, on or after January 1, 1997, the offender is	302
imprisoned or sentenced to a prison term or other confinement for	303
the sexually oriented offense in relation to which the	304
determination was made, the offender initially may file the	305
petition not earlier than one year prior to the offender's release	306
from the imprisonment, prison term, or other confinement by	307
discharge, parole, judicial release, or any other final release.	308
If the offender is sentenced on or after January 1, 1997, for the	309
sexually oriented offense in relation to which the determination	310
is made and is not imprisoned or sentenced to a prison term or	311
other confinement for the sexually oriented offense, the offender	312
initially may file the petition upon the expiration of one year	313
after the entry of the offender's judgment of conviction.	314

(b) After the offender's initial filing of a petition under	315
division (D)(1)(a) of this section, thereafter, an offender may	316
file a petition under this division upon the expiration of five	317
years after the court has entered an order denying the most recent	318
petition the offender has filed under this division.	319

(2) Except as otherwise provided in this division, division	320
(D)(1) of this section does not apply to a person who is	321
classified as a sexual predator pursuant to division (A) of this	322
section. If a person who is so classified was sentenced to a	323
prison term pursuant to division (A)(3) of section 2971.03 of the	324
Revised Code and if the sentencing court terminates the offender's	325
prison term as provided in division (D) of section 2971.05 of the	326
Revised Code, the court's termination of the prison term	327
automatically shall constitute a determination by the court that	328
the offender no longer is a sexual predator. If the court so	329
terminates the offender's prison term, the court shall notify the	330
bureau of criminal identification and investigation and the parole	331
board of the determination that the offender no longer is a sexual	332
predator. Upon receipt of the notification, the bureau promptly	333
shall notify the sheriff with whom the offender most recently	334
registered under section 2950.04 or 2950.05 of the Revised Code	335
that the offender no longer is a sexual predator. If an offender	336
who is classified as a sexual predator pursuant to division (A) of	337
this section is released from prison pursuant to a pardon or	338
commutation, the classification of the offender as a sexual	339
predator shall remain in effect after the offender's release, and	340
the offender may file one or more petitions in accordance with the	341
procedures and time limitations contained in division (D)(1) of	342
this section for a determination that the offender no longer is a	343
sexual predator.	344

(E) If a person is convicted of or pleads guilty to	345
committing, on or after January 1, 1997, a sexually oriented	346
offense, the judge who is to impose sentence on the offender shall	347
determine, prior to sentencing, whether the offender previously	348
has been convicted of or pleaded guilty to a sexually oriented	349
offense. If the judge determines that the offender previously has	350
not been convicted of or pleaded guilty to a sexually oriented	351
offense, the judge shall specify in the offender's sentence that	352
the judge has determined that the offender is not a habitual sex	353
offender. If the judge determines that the offender previously	354
has been convicted of or pleaded guilty to a sexually oriented	355
offense, the judge shall specify in the offender's sentence and	356
the judgment of conviction that contains the sentence that the	357
judge has determined that the offender is a habitual sex offender	358
and may impose a requirement in that sentence and judgment of	359
conviction that the offender be subject to the community	360
notification provisions regarding the offender's place of	361
residence that are contained in sections 2950.10 and 2950.11 of	362
the Revised Code. Unless the habitual sex offender also has been	363
adjudicated as being a sexual predator relative to the sexually	364
oriented offense in question, the offender shall not be subject to	365
those community notification provisions if the court does not	366
impose the requirement described in this division in the	367
offender's sentence and the judgment of conviction.	368

(F)(1) An offender classified as a sexual predator may	369
petition the court of common pleas of the county in which the	370
offender resides or temporarily is domiciled to enter a	371
determination that the offender is not an adjudicated sexual	372
predator in this state for purposes of the sex offender	373
registration requirements of this chapter or the community	374
notification provisions contained in sections 2950.10 and 2950.11	375
of the Revised Code if all of the following apply:	376

(a) The offender was convicted of or pleaded guilty to a	377
sexually oriented offense in another state or in a federal court,	378
a military court, or an Indian tribal court.	379

(b) As a result of the conviction or plea of guilty	380
described in division (F)(1)(a) of this section, the offender is	381
required under the law of the jurisdiction under which the	382
offender was convicted or pleaded guilty to register as a sex	383
offender until the offender's death and is required to verify the	384
offender's address on at least a quarterly basis each year.	385

(c) The offender was automatically classified as a sexual	386
predator under division (A) of this section in relation to the	387
conviction or guilty plea described in division (F)(1)(a) of this	388
section.	389

(2) The court may enter a determination that the offender	390
filing the petition described in division (F)(1) of this section	391
is not an adjudicated sexual predator in this state for purposes	392
of the sex offender registration requirements of this chapter or	393
the community notification provisions contained in sections	394
2950.10 and 2950.11 of the Revised Code only if the offender	395
proves by clear and convincing evidence that the requirement of	396
the other jurisdiction that the offender register as a sex	397
offender until the offender's death and the requirement that the	398
offender verify the offender's address on at least a quarterly	399
basis each year is not substantially similar to a classification	400
as a sexual predator for purposes of this chapter.	401

Section 2. That existing section 2950.09 of the Revised Code	402
is hereby repealed.	403

Section 3. That the version of section 2950.09 of the Revised	404
Code that is scheduled to take effect on January 1, 2002, as	405
amended in Am. Sub. S.B. 3 of the 124th General Assembly, be	406
amended to read as follows:	407

Sec. 2950.09. (A) If a person is convicted of or pleads	408
guilty to committing, on or after January 1, 1997, a sexually	409
oriented offense that is a sexually violent offense and also is	410
convicted of or pleads guilty to a sexually violent predator	411
specification that was included in the indictment, count in the	412
indictment, or information charging the sexually violent offense,	413
the conviction of or plea of guilty to the specification	414
automatically classifies the offender as a sexual predator for	415
purposes of this chapter. If a person is convicted of, pleads	416
guilty to, or is adjudicated a delinquent child for committing, a	417
sexually oriented offense in another state, or in a federal court,	418
military court, or an Indian tribal court and if, as a result of	419
that conviction, plea of guilty, or adjudication, the person is	420
required, under the law of the jurisdiction in which the person	421
was convicted, pleaded guilty, or was adjudicated, to register as	422
a sex offender until the person's death and is required to verify	423
the person's address on at least a quarterly basis each year, that	424
conviction, plea of guilty, or adjudication automatically	425
classifies the person as a sexual predator for the purposes of	426
this chapter, but the person may challenge that classification	427
pursuant to division (F) of this section. In all other cases, a	428
person who is convicted of or pleads guilty to, has been	429
convicted of or pleaded guilty to, or is adjudicated a delinquent	430
child for committing, a sexually oriented offense may be	431
classified as a sexual predator for purposes of this chapter only	432
in accordance with division (B) or (C) of this section or,	433
regarding delinquent children, divisions (B) and (C) of section	434
2152.83 of the Revised Code.	435

(B)(1) The judge who is to impose sentence on a person who is	436
convicted of or pleads guilty to a sexually oriented offense or	437
the judge who is to impose or has imposed, pursuant to section	438
2152.82 or division (A) of section 2152.83 of the Revised Code, an	439
order of disposition upon a child who is adjudicated a delinquent	440
child for committing on or after the effective date of this	441
amendmentJanuary 1, 2002, a sexually oriented offense shall	442
conduct a hearing to determine whether the offender is a sexual	443
predator if any of the following circumstances apply:	444

(a) Regardless of when the sexually oriented offense was	445
committed, the offender is to be sentenced on or after January 1,	446
1997, for a sexually oriented offense that is not a sexually	447
violent offense.	448

(b) Regardless of when the sexually oriented offense was	449
committed, the offender is to be sentenced on or after January 1,	450
1997, for a sexually oriented offense that is a sexually violent	451
offense and a sexually violent predator specification was not	452
included in the indictment, count in the indictment, or	453
information charging the sexually violent offense.	454

(c) The delinquent child was classified a juvenile sex	455
offender registrant pursuant to section 2152.82 or division (A) of	456
section 2152.83 of the Revised Code. A judge shall not conduct a	457
hearing under division (B) of this section regarding a delinquent	458
child unless the delinquent child is in the category of delinquent	459
children described in this division.	460

(d) Regardless of when the sexually oriented offense was	461
committed, the offender is to be sentenced on or after the	462
effective date of this amendment for a sexually oriented offense,	463
and that offender was acquitted of a sexually violent predator	464
specification that was included in the indictment, count in the	465
indictment, or information charging the sexually oriented offense.	466

(2) The judge shall conduct the hearing prior to sentencing	467
and, if the sexually oriented offense is a felony and if the	468
hearing is being conducted under division (B)(1)(a) or, (b), or	469
(c) of this section, the judge may conduct it as part of the	470
sentencing hearing required by section 2929.19 of the Revised	471
Code. The court shall give the offender or delinquent child and	472
the prosecutor who prosecuted the offender or handled the case	473
against the delinquent child for the sexually oriented offense	474
notice of the date, time, and location of the hearing. At the	475
hearing, the offender or delinquent child and the prosecutor shall	476
have an opportunity to testify, present evidence, call and examine	477
witnesses and expert witnesses, and cross-examine witnesses and	478
expert witnesses regarding the determination as to whether the	479
offender or delinquent child is a sexual predator. The offender or	480
delinquent child shall have the right to be represented by counsel	481
and, if indigent, the right to have counsel appointed to represent	482
the offender or delinquent child.	483

(3) In making a determination under divisions (B)(1) and (4)	484
of this section as to whether an offender or delinquent child is a	485
sexual predator, the judge shall consider all relevant factors,	486
including, but not limited to, all of the following:	487

(a) The offender's or delinquent child's age;

488

(b) The offender's or delinquent child's prior criminal or	489
delinquency record regarding all offenses, including, but not	490
limited to, all sexual offenses;	491

(c) The age of the victim of the sexually oriented offense	492
for which sentence is to be imposed or the order of disposition is	493
to be made;	494

(d) Whether the sexually oriented offense for which sentence	495
is to be imposed or the order of disposition is to be made	496
involved multiple victims;	497

(e) Whether the offender or delinquent child used drugs or	498
alcohol to impair the victim of the sexually oriented offense or	499
to prevent the victim from resisting;	500

(f) If the offender or delinquent child previously has been	501
convicted of or pleaded guilty to, or been adjudicated a	502
delinquent child for committing an act that if committed by an	503
adult would be, a criminal offense, whether the offender or	504
delinquent child completed any sentence or dispositional order	505
imposed for the prior offense or act and, if the prior offense or	506
act was a sex offense or a sexually oriented offense, whether the	507
offender or delinquent child participated in available programs	508
for sexual offenders;	509

(g) Any mental illness or mental disability of the offender	510
or delinquent child;	511

(h) The nature of the offender's or delinquent child's	512
sexual conduct, sexual contact, or interaction in a sexual context	513
with the victim of the sexually oriented offense and whether the	514
sexual conduct, sexual contact, or interaction in a sexual context	515
was part of a demonstrated pattern of abuse;	516

(i) Whether the offender or delinquent child, during the	517
commission of the sexually oriented offense for which sentence is	518
to be imposed or the order of disposition is to be made, displayed	519
cruelty or made one or more threats of cruelty;	520

(j) Any additional behavioral characteristics that	521
contribute to the offender's or delinquent child's conduct.	522

(4) After reviewing all testimony and evidence presented at	523
the hearing conducted under division (B)(1) of this section and	524
the factors specified in division (B)(3) of this section, the	525
court shall determine by clear and convincing evidence whether the	526
subject offender or delinquent child is a sexual predator. If the	527
court determines that the subject offender or delinquent child is	528
not a sexual predator, the court shall specify in the offender's	529
sentence and the judgment of conviction that contains the sentence	530
or in the delinquent child's dispositional order, as appropriate,	531
that the court has determined that the offender or delinquent	532
child is not a sexual predator. If the court determines by clear	533
and convincing evidence that the subject offender or delinquent	534
child is a sexual predator, the court shall specify in the	535
offender's sentence and the judgment of conviction that contains	536
the sentence or in the delinquent child's dispositional order, as	537
appropriate, that the court has determined that the offender or	538
delinquent child is a sexual predator and shall specify that the	539
determination was pursuant to division (B) of this section. The	540
offender or delinquent child and the prosecutor who prosecuted the	541
offender or handled the case against the delinquent child for the	542
sexually oriented offense in question may appeal as a matter of	543
right the court's determination under this division as to whether	544
the offender or delinquent child is, or is not, a sexual predator.	545

(5) A hearing shall not be conducted under division (B) of	546
this section regarding an offender if the sexually oriented	547
offense in question is a sexually violent offense and, if the	548
indictment, count in the indictment, or information charging the	549
offense also included a sexually violent predator specification,	550
and if the offender is convicted of or pleads guilty to that	551
sexually violent predator specification.	552

(C)(1) If a person was convicted of or pleaded guilty to a	553
sexually oriented offense prior to January 1, 1997, if the person	554
was not sentenced for the offense on or after January 1, 1997, and	555
if, on or after January 1, 1997, the offender is serving a term of	556
imprisonment in a state correctional institution, the department	557
of rehabilitation and correction shall determine whether to	558
recommend that the offender be adjudicated as being a sexual	559
predator. In making a determination under this division as to	560
whether to recommend that the offender be adjudicated as being a	561
sexual predator, the department shall consider all relevant	562
factors, including, but not limited to, all of the factors	563
specified in division (B)(2) of this section. If the department	564
determines that it will recommend that the offender be adjudicated	565
as being a sexual predator, it immediately shall send the	566
recommendation to the court that sentenced the offender and shall	567
enter its determination and recommendation in the offender's	568
institutional record, and the court shall proceed in accordance	569
with division (C)(2) of this section.	570

(2)(a) If, pursuant to division (C)(1) of this section, the	571
department of rehabilitation and correction sends to a court a	572
recommendation that an offender who has been convicted of or	573
pleaded guilty to a sexually oriented offense be adjudicated as	574
being a sexual predator, the court is not bound by the	575
department's recommendation, and the court may conduct a hearing	576
to determine whether the offender is a sexual predator. The court	577
may deny the recommendation and determine that the offender is not	578
a sexual predator without a hearing but shall not make a	579
determination that the offender is a sexual predator in any case	580
without a hearing. The court may hold the hearing and make the	581
determination prior to the offender's release from imprisonment or	582
at any time within one year following the offender's release from	583
that imprisonment. If the court determines without a hearing that	584
the offender is not a sexual predator, it shall include its	585
determination in the offender's institutional record and shall	586
determine whether the offender previously has been convicted of or	587
pleaded guilty to a sexually oriented offense other than the	588
offense in relation to which the court determined that the	589
offender is not a sexual predator.	590

The court may make the determination as to whether the	591
offender previously has been convicted of or pleaded guilty to a	592
sexually oriented offense without a hearing, but, if the court	593
determines that the offender previously has been convicted of or	594
pleaded guilty to such an offense, it shall not impose a	595
requirement that the offender be subject to the community	596
notification provisions regarding the offender's place of	597
residence that are contained in sections 2950.10 and 2950.11 of	598
the Revised Code without a hearing. The court may conduct a	599
hearing to determine both whether the offender previously has been	600
convicted of or pleaded guilty to a sexually oriented offense and	601
whether to impose a requirement that the offender be subject to	602
the community notification provisions as described in this	603
division, or may conduct a hearing solely to make the latter	604
determination. The court shall include in the offender's	605
institutional record any determination made under this division as	606
to whether the offender previously has been convicted of or	607
pleaded guilty to a sexually oriented offense, and, as such,	608
whether the offender is a habitual sex offender.	609

(b) If the court schedules a hearing under division	610
(C)(2)(a) of this section, the court shall give the offender and	611
the prosecutor who prosecuted the offender for the sexually	612
oriented offense, or that prosecutor's successor in office, notice	613
of the date, time, and place of the hearing. If the hearing is to	614
determine whether the offender is a sexual predator, it shall be	615
conducted in the manner described in division (B)(1) of this	616
section regarding hearings conducted under that division and, in	617
making a determination under this division as to whether the	618
offender is a sexual predator, the court shall consider all	619
relevant factors, including, but not limited to, all of the	620
factors specified in division (B)(2) of this section. After	621
reviewing all testimony and evidence presented at the sexual	622
predator hearing and the factors specified in division (B)(2) of	623
this section, the court shall determine by clear and convincing	624
evidence whether the offender is a sexual predator. If the court	625
determines that the offender is not a sexual predator, it also	626
shall determine whether the offender previously has been convicted	627
of or pleaded guilty to a sexually oriented offense other than the	628
offense in relation to which the hearing is being conducted.	629

Upon making its determinations at the hearing, the court	630
shall proceed as follows:	631

(i) If the hearing is to determine whether the offender is a	632
sexual predator, and if the court determines that the offender is	633
not a sexual predator and that the offender previously has not	634
been convicted of or pleaded guilty to a sexually oriented offense	635
other than the offense in relation to which the hearing is being	636
conducted, it shall include its determinations in the offender's	637
institutional record.	638

(ii) If the hearing is to determine whether the offender is	639
a sexual predator, and if the court determines that the offender	640
is not a sexual predator but that the offender previously has been	641
convicted of or pleaded guilty to a sexually oriented offense	642
other than the offense in relation to which the hearing is being	643
conducted, it shall include its determination that the offender is	644
not a sexual predator but is a habitual sex offender in the	645
offender's institutional record, shall attach the determinations	646
to the offender's sentence, shall specify that the determinations	647
were pursuant to division (C) of this section, shall provide a	648
copy of the determinations to the offender, to the prosecuting	649
attorney, and to the department of rehabilitation and correction,	650
and may impose a requirement that the offender be subject to the	651
community notification provisions regarding the offender's place	652
of residence that are contained in sections 2950.10 and 2950.11 of	653
the Revised Code. The offender shall not be subject to those	654
community notification provisions relative to the sexually	655
oriented offense in question if the court does not so impose the	656
requirement described in this division. If the court imposes	657
those community notification provisions, the offender may appeal	658
the judge's determination that the offender is a habitual sex	659
offender.	660

(iii) If the hearing is to determine whether the offender	661
previously has been convicted of or pleaded guilty to a sexually	662
oriented offense other than the offense in relation to which the	663
hearing is being conducted and whether to impose a requirement	664
that the offender be subject to the specified community	665
notification provisions, and if the court determines that the	666
offender previously has been convicted of or pleaded guilty to	667
such an offense, the court shall proceed as described in division	668
(C)(2)(b)(ii) of this section and may impose a community	669
notification requirement as described in that division. The	670
offender shall not be subject to the specified community	671
notification provisions relative to the sexually oriented offense	672
in question if the court does not so impose the requirement	673
described in that division. If the court imposes those community	674
notification provisions, the offender may appeal the judge's	675
determination that the offender is a habitual sex offender.	676

(iv) If the court determined without a hearing that the	677
offender previously has been convicted of or pleaded guilty to a	678
sexually oriented offense other than the offense in relation to	679
which the court determined that the offender is not a sexual	680
predator, and, as such, is a habitual sex offender, and the	681
hearing is solely to determine whether to impose a requirement	682
that the offender be subject to the specified community	683
notification provisions, after the hearing, the court may impose a	684
community notification requirement as described in division	685
(C)(2)(b)(ii) of this section. The offender shall not be subject	686
to the specified community notification provisions relative to the	687
sexually oriented offense in question if the court does not so	688
impose the requirement described in that division. If the court	689
imposes those community notification provisions, the offender may	690
appeal the judge's determination that the offender is a habitual	691
sex offender.	692

(v) If the hearing is to determine whether the offender is a	693
sexual predator, and if the court determines by clear and	694
convincing evidence that the offender is a sexual predator, it	695
shall enter its determination in the offender's institutional	696
record, shall attach the determination to the offender's sentence,	697
shall specify that the determination was pursuant to division (C)	698
of this section, and shall provide a copy of the determination to	699
the offender, to the prosecuting attorney, and to the department	700
of rehabilitation and correction. The offender and the prosecutor	701
may appeal as a matter of right the judge's determination under	702
this division as to whether the offender is, or is not, a sexual	703
predator.	704

(D)(1) Division (D) of this section applies to persons who	705
have been convicted of or pleaded guilty to a sexually oriented	706
offense. The procedures set forth in division (D) of this section	707
regarding a determination of whether a person no longer is a	708
sexual predator also apply, to the extent specified in section	709
2152.84 or 2152.85 of the Revised Code, to persons who have been	710
adjudicated a delinquent child for committing a sexually oriented	711
offense and have been determined by a juvenile court judge to be a	712
sexual predator. A person who has been adjudicated a delinquent	713
child for committing a sexually oriented offense and who has been	714
classified by a juvenile court judge a juvenile sex offender	715
registrant or, if applicable, additionally has been determined by	716
a juvenile court judge to be a sexual predator or habitual sex	717
offender, may petition the adjudicating court for a	718
reclassification or declassification pursuant to section 2152.85	719
of the Revised Code.	720

Upon the expiration of the applicable period of time	721
specified in division (D)(1)(a) or (b) of this section, an	722
offender who has been convicted of or pleaded guilty to a sexually	723
oriented offense and who has been adjudicated as being a sexual	724
predator relative to the sexually oriented offense in the manner	725
described in division (B) or (C) of this section may petition the	726
judge who made the determination that the offender was a sexual	727
predator, or that judge's successor in office, to enter a	728
determination that the offender no longer is a sexual predator.	729
Upon the filing of the petition, the judge may review the prior	730
sexual predator determination that comprises the sexually violent	731
predator adjudication, and, upon consideration of all relevant	732
evidence and information, including, but not limited to, the	733
factors set forth in division (B)(3) of this section, either shall	734
enter a determination that the offender no longer is a sexual	735
predator or shall enter an order denying the petition. The judge	736
shall not enter a determination under this division that the	737
offender no longer is a sexual predator unless the judge	738
determines by clear and convincing evidence that the offender is	739
unlikely to commit a sexually oriented offense in the future. If	740
the judge enters a determination under this division that the	741
offender no longer is a sexual predator, the judge shall notify	742
the bureau of criminal identification and investigation and the	743
parole board of the determination. Upon receipt of the	744
notification, the bureau promptly shall notify the sheriff with	745
whom the offender most recently registered under section 2950.04	746
or 2950.05 of the Revised Code of the determination that the	747
offender no longer is a sexual predator. If the judge enters an	748
order denying the petition, the prior adjudication of the offender	749
as a sexual predator shall remain in effect. An offender	750
determined to be a sexual predator in the manner described in	751
division (B) or (C) of this section may file a petition under this	752
division after the expiration of the following periods of time:	753

(a) Regardless of when the sexually oriented offense was	754
committed, if, on or after January 1, 1997, the offender is	755
imprisoned or sentenced to a prison term or other confinement for	756
the sexually oriented offense in relation to which the	757
determination was made, the offender initially may file the	758
petition not earlier than one year prior to the offender's release	759
from the imprisonment, prison term, or other confinement by	760
discharge, parole, judicial release, or any other final release.	761
If the offender is sentenced on or after January 1, 1997, for the	762
sexually oriented offense in relation to which the determination	763
is made and is not imprisoned or sentenced to a prison term or	764
other confinement for the sexually oriented offense, the offender	765
initially may file the petition upon the expiration of one year	766
after the entry of the offender's judgment of conviction.	767

(b) After the offender's initial filing of a petition under	768
division (D)(1)(a) of this section, thereafter, an offender may	769
file a petition under this division upon the expiration of five	770
years after the court has entered an order denying the petition	771
under division (D)(1)(a) of this section or the most recent	772
petition the offender has filed under this division.	773

(2) Except as otherwise provided in this division, division	774
(D)(1) of this section does not apply to a person who is	775
classified as a sexual predator pursuant to division (A) of this	776
section. If a person who is so classified was sentenced to a	777
prison term pursuant to division (A)(3) of section 2971.03 of the	778
Revised Code and if the sentencing court terminates the offender's	779
prison term as provided in division (D) of section 2971.05 of the	780
Revised Code, the court's termination of the prison term	781
automatically shall constitute a determination by the court that	782
the offender no longer is a sexual predator. If the court so	783
terminates the offender's prison term, the court shall notify the	784
bureau of criminal identification and investigation and the parole	785
board of the determination that the offender no longer is a sexual	786
predator. Upon receipt of the notification, the bureau promptly	787
shall notify the sheriff with whom the offender most recently	788
registered under section 2950.04 or 2950.05 of the Revised Code	789
that the offender no longer is a sexual predator. If an offender	790
who is classified as a sexual predator pursuant to division (A) of	791
this section is released from prison pursuant to a pardon or	792
commutation, the classification of the offender as a sexual	793
predator shall remain in effect after the offender's release, and	794
the offender may file one or more petitions in accordance with the	795
procedures and time limitations contained in division (D)(1) of	796
this section for a determination that the offender no longer is a	797
sexual predator.	798

(E) If a person is convicted of or pleads guilty to	799
committing, on or after January 1, 1997, a sexually oriented	800
offense, the judge who is to impose sentence on the offender shall	801
determine, prior to sentencing, whether the offender previously	802
has been convicted of or pleaded guilty to a sexually oriented	803
offense. If a person is classified a juvenile sex offender	804
registrant, pursuant to section 2152.82 or division (A) of section	805
2152.83 of the Revised Code, the adjudicating judge shall	806
determine, prior to entering the order classifying the delinquent	807
child a juvenile sex offender registrant, whether the delinquent	808
child previously has been adjudicated a delinquent child for	809
committing a sexually oriented offense. If the adjudicating judge	810
has classified the delinquent child under division (A) of section	811
2152.83 of the Revised Code based on that adjudication a juvenile	812
sex offender registrant, the judge shall determine, prior to	813
entering the classification order, whether the delinquent child	814
previously has been adjudicated a delinquent child for committing	815
a sexually oriented offense. If the judge determines that the	816
offender previously has not been convicted of or pleaded guilty to	817
a sexually oriented offense or that the delinquent child	818
previously has not been adjudicated a delinquent child for	819
committing a sexually oriented offense, the judge shall specify in	820
the offender's sentence or in the order classifying the delinquent	821
child a juvenile sex offender registrant that the judge has	822
determined that the offender or delinquent child is not a habitual	823
sex offender. If the judge determines that the offender	824
previously has been convicted of or pleaded guilty to a sexually	825
oriented offense or that the delinquent child previously has been	826
adjudicated a delinquent child for committing a sexually oriented	827
offense, the judge shall specify in the offender's sentence and	828
the judgment of conviction that contains the sentence or in the	829
order classifying the delinquent child a juvenile sex offender	830
registrant that the judge has determined that the offender or	831
delinquent child is a habitual sex offender and may impose a	832
requirement in that sentence and judgment of conviction or in that	833
order that the offender or delinquent child be subject to the	834
community notification provisions regarding the offender's or	835
delinquent child's place of residence that are contained in	836
sections 2950.10 and 2950.11 of the Revised Code. Unless the	837
habitual sex offender also has been adjudicated as being a sexual	838
predator relative to the sexually oriented offense in question,	839
the offender or delinquent child shall be subject to those	840
community notification provisions only if the court imposes the	841
requirement described in this division in the offender's sentence	842
and the judgment of conviction or in the order classifying the	843
delinquent child a juvenile sex offender registrant.	844

(F)(1) An offender or delinquent child classified as a	845
sexual predator may petition the court of common pleas or, for a	846
delinquent child, the juvenile court of the county in which the	847
offender or delinquent child resides or temporarily is domiciled	848
to enter a determination that the offender or delinquent child is	849
not an adjudicated sexual predator in this state for purposes of	850
the sex offender registration requirements of this chapter or the	851
community notification provisions contained in sections 2950.10	852
and 2950.11 of the Revised Code if all of the following apply:	853

(a) The offender or delinquent child was convicted of,	854
pleaded guilty to, or was adjudicated a delinquent child for	855
committing, a sexually oriented offense in another state or in a	856
federal court, a military court, or an Indian tribal court.	857

(b) As a result of the conviction, plea of guilty, or	858
adjudication described in division (F)(1)(a) of this section, the	859
offender or delinquent child is required under the law of the	860
jurisdiction under which the offender or delinquent child was	861
convicted, pleaded guilty, or was adjudicated to register as a sex	862
offender until the offender's or delinquent child's death and is	863
required to verify the offender's or delinquent child's address on	864
at least a quarterly basis each year.	865

(c) The offender or delinquent child was automatically	866
classified as a sexual predator under division (A) of this section	867
in relation to the conviction, guilty plea, or adjudication	868
described in division (F)(1)(a) of this section.	869

(2) The court may enter a determination that the offender or	870
delinquent child filing the petition described in division (F)(1)	871
of this section is not an adjudicated sexual predator in this	872
state for purposes of the sex offender registration requirements	873
of this chapter or the community notification provisions contained	874
in sections 2950.10 and 2950.11 of the Revised Code only if the	875
offender or delinquent child proves by clear and convincing	876
evidence that the requirement of the other jurisdiction that the	877
offender or delinquent child register as a sex offender until the	878
offender's or delinquent child's death and the requirement that	879
the offender or delinquent child verify the offender's or	880
delinquent child's address on at least a quarterly basis each year	881
is not substantially similar to a classification as a sexual	882
predator for purposes of this chapter.	883

Section 4. That all existing versions of section 2950.09 of	884
the Revised Code are hereby repealed.	885

Section 5. Sections 3 and 4 of this act shall take effect on	886
January 1, 2002.	887

Section 6. This act is hereby declared to be an emergency	888
measure necessary for the immediate preservation of the public	889
peace, health, and safety. The reason for such necessity is that,	890
because sexual predators are subjected to more stringent	891
registration requirements and to community notification	892
requirements that provide for increased public safety, it is	893
crucial for courts to have the mechanism enacted in this act for	894
determining whether a person who is convicted of a sexually	895
oriented offense but acquitted of a sexually violent predator	896
specification included in the charges for that offense is a sexual	897
predator. Therefore, this act shall go into immediate effect.	898