As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. Sub. S. B. No. 3


SENATORS Hottinger, Johnson, Randy Gardner, Spada, Harris, Armbruster, Jordan, Carnes, Amstutz, Jacobson, Mumper

REPRESENTATIVES Latta, Faber, Reidelbach, Hughes, Seitz, Womer Benjamin, Flowers, Clancy, Schneider, Roman, Hagan, Buehrer, Evans, Aslanides, Coates, Collier, G. Smith, Schaffer, Young, Reinhard, Widowfield, Manning, Seaver, DeWine, Husted, Goodman, R. Miller, Metzger, Hoops, Salerno, Fessler, White, Cates



A BILL
To amend sections 2151.23, 2152.02, 2152.19, 2152.22,1
2919.24, 2950.01, 2950.02, 2950.03, 2950.04,2
2950.05, 2950.06, 2950.07, 2950.09, 2950.10,3
2950.11, 2950.12, 2950.13, 2950.14, 2950.99, and4
5139.13 and to enact sections 2152.191, 2152.82,5
2152.83, 2152.84, 2152.85, and 2950.081 of the6
Revised Code to apply the Sex Offender Registration7
and Notification Law to persons adjudicated8
delinquent children for committing a sexually9
oriented offense while 14 years of age or older and10
to clarify that sex offender registration11
information held by a county sheriff is a public12
record.13


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

       Section 1.  That sections 2151.23, 2152.02, 2152.19,14
2152.22, 2919.24, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05,15
2950.06, 2950.07, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13,16
2950.14, 2950.99, and 5139.13 be amended and sections 2152.191,17
2152.82, 2152.83, 2152.84, 2152.85, and 2950.081 of the Revised18
Code be enacted to read as follows:19

       Sec. 2151.23.  (A) The juvenile court has exclusive original20
jurisdiction under the Revised Code as follows:21

       (1) Concerning any child who on or about the date specified22
in the complaint, indictment, or information is alleged to have23
violated section 2151.87 of the Revised Code or an order issued24
under that section or to be a juvenile traffic offender or a25
delinquent, unruly, abused, neglected, or dependent child and,26
based on and in relation to the allegation pertaining to the27
child, concerning the parent, guardian, or other person having28
care of a child who is alleged to be an unruly or delinquent child29
for being an habitual or chronic truant;30

       (2) Subject to division (V) of section 2301.03 of the31
Revised Code, to determine the custody of any child not a ward of32
another court of this state;33

       (3) To hear and determine any application for a writ of34
habeas corpus involving the custody of a child;35

       (4) To exercise the powers and jurisdiction given the36
probate division of the court of common pleas in Chapter 5122. of37
the Revised Code, if the court has probable cause to believe that38
a child otherwise within the jurisdiction of the court is a39
mentally ill person subject to hospitalization by court order, as40
defined in section 5122.01 of the Revised Code;41

       (5) To hear and determine all criminal cases charging adults42
with the violation of any section of this chapter;43

       (6) To hear and determine all criminal cases in which an44
adult is charged with a violation of division (C) of section45
2919.21, division (B)(1) of section 2919.22, section 2919.222,46
division (B) of section 2919.23, or section 2919.24 of the Revised47
Code, provided the charge is not included in an indictment that48
also charges the alleged adult offender with the commission of a49
felony arising out of the same actions that are the basis of the50
alleged violation of division (C) of section 2919.21, division51
(B)(1) of section 2919.22, section 2919.222, division (B) of52
section 2919.23, or section 2919.24 of the Revised Code;53

       (7) Under the interstate compact on juveniles in section54
2151.56 of the Revised Code;55

       (8) Concerning any child who is to be taken into custody56
pursuant to section 2151.31 of the Revised Code, upon being57
notified of the intent to take the child into custody and the58
reasons for taking the child into custody;59

       (9) To hear and determine requests for the extension of60
temporary custody agreements, and requests for court approval of61
permanent custody agreements, that are filed pursuant to section62
5103.15 of the Revised Code;63

       (10) To hear and determine applications for consent to marry64
pursuant to section 3101.04 of the Revised Code;65

       (11) Subject to division (V) of section 2301.03 of the66
Revised Code, to hear and determine a request for an order for the67
support of any child if the request is not ancillary to an action68
for divorce, dissolution of marriage, annulment, or legal69
separation, a criminal or civil action involving an allegation of70
domestic violence, or an action for support brought under Chapter71
3115. of the Revised Code;72

       (12) Concerning an action commenced under section 121.38 of73
the Revised Code;74

       (13) To hear and determine violations of section 3321.38 of75
the Revised Code;76

       (14) To exercise jurisdiction and authority over the parent,77
guardian, or other person having care of a child alleged to be a78
delinquent child, unruly child, or juvenile traffic offender,79
based on and in relation to the allegation pertaining to the80
child;81

       (15) To conduct the hearings, and to make the determinations,82
adjudications, and orders authorized or required under sections83
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding84
a child who has been adjudicated a delinquent child and to refer 85
the duties conferred upon the juvenile court judge under sections 86
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to 87
magistrates appointed by the juvenile court judge in accordance 88
with Juvenile Rule 40.89

       (B) Except as provided in division (I) of section 2301.03 of90
the Revised Code, the juvenile court has original jurisdiction91
under the Revised Code:92

       (1) To hear and determine all cases of misdemeanors charging93
adults with any act or omission with respect to any child, which94
act or omission is a violation of any state law or any municipal95
ordinance;96

       (2) To determine the paternity of any child alleged to have97
been born out of wedlock pursuant to sections 3111.01 to 3111.1898
of the Revised Code;99

       (3) Under the uniform interstate family support act in100
Chapter 3115. of the Revised Code;101

       (4) To hear and determine an application for an order for102
the support of any child, if the child is not a ward of another103
court of this state;104

       (5) To hear and determine an action commenced under section105
3111.28 of the Revised Code;106

       (6) To hear and determine a motion filed under section107
3119.961 of the Revised Code.108

       (C) The juvenile court, except as to juvenile courts that109
are a separate division of the court of common pleas or a separate110
and independent juvenile court, has jurisdiction to hear,111
determine, and make a record of any action for divorce or legal112
separation that involves the custody or care of children and that113
is filed in the court of common pleas and certified by the court114
of common pleas with all the papers filed in the action to the115
juvenile court for trial, provided that no certification of that116
nature shall be made to any juvenile court unless the consent of117
the juvenile judge first is obtained. After a certification of118
that nature is made and consent is obtained, the juvenile court119
shall proceed as if the action originally had been begun in that120
court, except as to awards for spousal support or support due and121
unpaid at the time of certification, over which the juvenile court122
has no jurisdiction.123

       (D) The juvenile court, except as provided in division (I)124
of section 2301.03 of the Revised Code, has jurisdiction to hear125
and determine all matters as to custody and support of children126
duly certified by the court of common pleas to the juvenile court127
after a divorce decree has been granted, including jurisdiction to128
modify the judgment and decree of the court of common pleas as the129
same relate to the custody and support of children.130

       (E) The juvenile court, except as provided in division (I)131
of section 2301.03 of the Revised Code, has jurisdiction to hear132
and determine the case of any child certified to the court by any133
court of competent jurisdiction if the child comes within the134
jurisdiction of the juvenile court as defined by this section.135

       (F)(1) The juvenile court shall exercise its jurisdiction in136
child custody matters in accordance with sections 3109.04, 3109.21137
to 3109.36, and 5103.20 to 5103.28 of the Revised Code.138

       (2) The juvenile court shall exercise its jurisdiction in139
child support matters in accordance with section 3109.05 of the140
Revised Code.141

       (G) Any juvenile court that makes or modifies an order for142
child support shall comply with Chapters 3119., 3121., 3123., and143
3125. of the Revised Code. If any person required to pay child144
support under an order made by a juvenile court on or after April145
15, 1985, or modified on or after December 1, 1986, is found in146
contempt of court for failure to make support payments under the147
order, the court that makes the finding, in addition to any other148
penalty or remedy imposed, shall assess all court costs arising149
out of the contempt proceeding against the person and require the150
person to pay any reasonable attorney's fees of any adverse party,151
as determined by the court, that arose in relation to the act of152
contempt.153

       (H) If a child who is charged with an act that would be an154
offense if committed by an adult was fourteen years of age or155
older and under eighteen years of age at the time of the alleged156
act and if the case is transferred for criminal prosecution157
pursuant to section 2152.12 of the Revised Code, the juvenile158
court does not have jurisdiction to hear or determine the case159
subsequent to the transfer. The court to which the case is160
transferred for criminal prosecution pursuant to that section has161
jurisdiction subsequent to the transfer to hear and determine the162
case in the same manner as if the case originally had been163
commenced in that court, including, but not limited to,164
jurisdiction to accept a plea of guilty or another plea authorized165
by Criminal Rule 11 or another section of the Revised Code and166
jurisdiction to accept a verdict and to enter a judgment of167
conviction pursuant to the Rules of Criminal Procedure against the168
child for the commission of the offense that was the basis of the169
transfer of the case for criminal prosecution, whether the170
conviction is for the same degree or a lesser degree of the171
offense charged, for the commission of a lesser-included offense,172
or for the commission of another offense that is different from173
the offense charged.174

       (I) If a person under eighteen years of age allegedly175
commits an act that would be a felony if committed by an adult and176
if the person is not taken into custody or apprehended for that177
act until after the person attains twenty-one years of age, the178
juvenile court does not have jurisdiction to hear or determine any179
portion of the case charging the person with committing that act.180
In those circumstances, divisions (A) and (B) of section 2152.12181
of the Revised Code do not apply regarding the act, and the case182
charging the person with committing the act shall be a criminal183
prosecution commenced and heard in the appropriate court having184
jurisdiction of the offense as if the person had been eighteen185
years of age or older when the person committed the act. All186
proceedings pertaining to the act shall be within the jurisdiction187
of the court having jurisdiction of the offense, and that court188
has all the authority and duties in the case that it has in other189
criminal cases in that court.190

       Sec. 2152.02.  As used in this chapter:191

       (A) "Act charged" means the act that is identified in a192
complaint, indictment, or information alleging that a child is a193
delinquent child.194

       (B) "Admitted to a department of youth services facility"195
includes admission to a facility operated, or contracted for, by196
the department and admission to a comparable facility outside this197
state by another state or the United States.198

       (C)(1) "Child" means a person who is under eighteen years of199
age, except as otherwise provided in divisions (C)(2) to (6) of200
this section.201

       (2) Subject to division (C)(3) of this section, any person202
who violates a federal or state law or a municipal ordinance prior203
to attaining eighteen years of age shall be deemed a "child"204
irrespective of that person's age at the time the complaint with205
respect to that violation is filed or the hearing on the complaint206
is held.207

       (3) Any person who, while under eighteen years of age,208
commits an act that would be a felony if committed by an adult and209
who is not taken into custody or apprehended for that act until210
after the person attains twenty-one years of age is not a child in211
relation to that act.212

       (4) Any person whose case is transferred for criminal213
prosecution pursuant to section 2152.12 of the Revised Code shall214
be deemed after the transfer not to be a child in the transferred215
case.216

       (5) Any person whose case is transferred for criminal217
prosecution pursuant to section 2152.12 of the Revised Code and218
who subsequently is convicted of or pleads guilty to a felony in219
that case, and any person who is adjudicated a delinquent child220
for the commission of an act, who has a serious youthful offender221
dispositional sentence imposed for the act pursuant to section222
2152.13 of the Revised Code, and whose adult portion of the223
dispositional sentence is invoked pursuant to section 2152.14 of224
the Revised Code, shall be deemed after the transfer or invocation225
not to be a child in any case in which a complaint is filed226
against the person.227

       (6) The juvenile court has jurisdiction over a person who is228
adjudicated a delinquent child or juvenile traffic offender prior229
to attaining eighteen years of age until the person attains230
twenty-one years of age, and, for purposes of that jurisdiction231
related to that adjudication, a person who is so adjudicated a232
delinquent child or juvenile traffic offender shall be deemed a233
"child" until the person attains twenty-one years of age.234

       (D) "Chronic truant" means any child of compulsory school235
age who is absent without legitimate excuse for absence from the236
public school the child is supposed to attend for seven or more237
consecutive school days, ten or more school days in one school238
month, or fifteen or more school days in a school year.239

       (E) "Community corrections facility," "public safety beds,"240
"release authority," and "supervised release" have the same241
meanings as in section 5139.01 of the Revised Code.242

       (F) "Delinquent child" includes any of the following:243

       (1) Any child, except a juvenile traffic offender, who244
violates any law of this state or the United States, or any245
ordinance of a political subdivision of the state, that would be246
an offense if committed by an adult;247

       (2) Any child who violates any lawful order of the court248
made under this chapter or under Chapter 2151. of the Revised Code249
other than an order issued under section 2151.87 of the Revised250
Code;251

       (3) Any child who violates division (A) of section 2923.211252
of the Revised Code;253

       (4) Any child who is a habitual truant and who previously254
has been adjudicated an unruly child for being a habitual truant;255

       (5) Any child who is a chronic truant.256

       (G) "Discretionary serious youthful offender" means a person257
who is eligible for a discretionary SYO and who is not transferred258
to adult court under a mandatory or discretionary transfer.259

       (H) "Discretionary SYO" means a case in which the juvenile260
court, in the juvenile court's discretion, may impose a serious261
youthful offender disposition under section 2152.13 of the Revised262
Code.263

       (I) "Discretionary transfer" means that the juvenile court264
has discretion to transfer a case for criminal prosecution under265
division (B) of section 2152.12 of the Revised Code.266

       (J) "Drug abuse offense," "felony drug abuse offense," and267
"minor drug possession offense" have the same meanings as in268
section 2925.01 of the Revised Code.269

       (K) "Electronic monitoring device," "certified electronic270
monitoring device," "electronically monitored house arrest,"271
"electronic monitoring system," and "certified electronic272
monitoring system" have the same meanings as in section 2929.23 of273
the Revised Code.274

       (L) "Economic loss" means any economic detriment suffered by275
a victim of a delinquent act as a result of the delinquent act and276
includes any loss of income due to lost time at work because of277
any injury caused to the victim and any property loss, medical278
cost, or funeral expense incurred as a result of the delinquent279
act.280

       (M) "Firearm" has the same meaning as in section 2923.11 of281
the Revised Code.282

       (N) "Juvenile traffic offender" means any child who violates283
any traffic law, traffic ordinance, or traffic regulation of this284
state, the United States, or any political subdivision of this285
state, other than a resolution, ordinance, or regulation of a286
political subdivision of this state the violation of which is287
required to be handled by a parking violations bureau or a joint288
parking violations bureau pursuant to Chapter 4521. of the Revised289
Code.290

       (O) A "legitimate excuse for absence from the public school291
the child is supposed to attend" has the same meaning as in292
section 2151.011 of the Revised Code.293

       (P) "Mandatory serious youthful offender" means a person who294
is eligible for a mandatory SYO and who is not transferred to295
adult court under a mandatory or discretionary transfer.296

       (Q) "Mandatory SYO" means a case in which the juvenile court297
is required to impose a mandatory serious youthful offender298
disposition under section 2152.13 of the Revised Code.299

       (R) "Mandatory transfer" means that a case is required to be300
transferred for criminal prosecution under division (A) of section301
2152.12 of the Revised Code.302

       (S) "Mental illness" has the same meaning as in section303
5122.01 of the Revised Code.304

       (T) "Mentally retarded person" has the same meaning as in305
section 5123.01 of the Revised Code.306

       (U) "Monitored time" and "repeat violent offender" have the307
same meanings as in section 2929.01 of the Revised Code.308

       (V) "Of compulsory school age" has the same meaning as in309
section 3321.01 of the Revised Code.310

       (W) "Public record" has the same meaning as in section311
149.43 of the Revised Code.312

       (X) "Serious youthful offender" means a person who is313
eligible for a mandatory SYO or discretionary SYO but who is not314
transferred to adult court under a mandatory or discretionary315
transfer.316

       (Y) "Sexually oriented offense," has"habitual sex317
offender," "juvenile sex offender registrant," and "sexual318
predator" have the same meaningmeanings as in section 2950.01 of319
the Revised Code.320

       (Z) "Traditional juvenile" means a case that is not321
transferred to adult court under a mandatory or discretionary322
transfer, that is eligible for a disposition under sections323
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and324
that is not eligible for a disposition under section 2152.13 of325
the Revised Code.326

       (AA) "Transfer" means the transfer for criminal prosecution327
of a case involving the alleged commission by a child of an act328
that would be an offense if committed by an adult from the329
juvenile court to the appropriate court that has jurisdiction of330
the offense.331

       (BB) "Category one offense" means any of the following:332

       (1) A violation of section 2903.01 or 2903.02 of the Revised333
Code;334

       (2) A violation of section 2923.02 of the Revised Code335
involving an attempt to commit aggravated murder or murder.336

       (CC) "Category two offense" means any of the following:337

       (1) A violation of section 2903.03, 2905.01, 2907.02,338
2909.02, 2911.01, or 2911.11 of the Revised Code;339

       (2) A violation of section 2903.04 of the Revised Code that340
is a felony of the first degree;341

       (3) A violation of section 2907.12 of the Revised Code as it342
existed prior to September 3, 1996.343

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent344
child, the court may make any of the following orders of345
disposition, in addition to any other disposition authorized or346
required by this chapter:347

       (1) Any order that is authorized by section 2151.353 of the348
Revised Code for the care and protection of an abused, neglected,349
or dependent child.350

       (2) Commit the child to the temporary custody of any school,351
camp, institution, or other facility operated for the care of352
delinquent children by the county, by a district organized under353
section 2152.41 or 2151.65 of the Revised Code, or by a private354
agency or organization, within or without the state, that is355
authorized and qualified to provide the care, treatment, or356
placement required;357

       (3) Place the child on community control under any358
sanctions, services, and conditions that the court prescribes. As359
a condition of community control in every case and in addition to360
any other condition that it imposes upon the child, the court361
shall require the child to abide by the law during the period of362
community control. As referred to in this division, community363
control includes, but is not limited to, the following sanctions364
and conditions:365

       (a) A period of basic probation supervision in which the366
child is required to maintain contact with a person appointed to367
supervise the child in accordance with sanctions imposed by the368
court;369

       (b) A period of intensive probation supervision in which the370
child is required to maintain frequent contact with a person371
appointed by the court to supervise the child while the child is372
seeking or maintaining employment and participating in training,373
education, and treatment programs as the order of disposition;374

       (c) A period of day reporting in which the child is required375
each day to report to and leave a center or another approved376
reporting location at specified times in order to participate in377
work, education or training, treatment, and other approved378
programs at the center or outside the center;379

       (d) A period of community service of up to five hundred380
hours for an act that would be a felony or a misdemeanor of the381
first degree if committed by an adult, up to two hundred hours for382
an act that would be a misdemeanor of the second, third, or fourth383
degree if committed by an adult, or up to thirty hours for an act384
that would be a minor misdemeanor if committed by an adult;385

       (e) A requirement that the child obtain a high school386
diploma, a certificate of high school equivalence, vocational387
training, or employment;388

       (f) A period of drug and alcohol use monitoring;389

       (g) A requirement of alcohol or drug assessment or390
counseling, or a period in an alcohol or drug treatment program391
with a level of security for the child as determined necessary by392
the court;393

       (h) A period in which the court orders the child to observe394
a curfew that may involve daytime or evening hours;395

       (i) A requirement that the child serve monitored time;396

       (j) A period of house arrest with or without electronic397
monitoring;398

       (k) A period of electronic monitoring without house arrest or399
electronically monitored house arrest that does not exceed the400
maximum sentence of imprisonment that could be imposed upon an401
adult who commits the same act.402

       A period of electronically monitored house arrest imposed403
under this division shall not extend beyond the child's404
twenty-first birthday. If a court imposes a period of405
electronically monitored house arrest upon a child under this406
division, it shall require the child: to wear, otherwise have407
attached to the child's person, or otherwise be subject to408
monitoring by a certified electronic monitoring device or to409
participate in the operation of and monitoring by a certified410
electronic monitoring system; to remain in the child's home or411
other specified premises for the entire period of electronically412
monitored house arrest except when the court permits the child to413
leave those premises to go to school or to other specified414
premises; to be monitored by a central system that can determine415
the child's location at designated times; to report periodically416
to a person designated by the court; and to enter into a written417
contract with the court agreeing to comply with all requirements418
imposed by the court, agreeing to pay any fee imposed by the court419
for the costs of the electronically monitored house arrest, and420
agreeing to waive the right to receive credit for any time served421
on electronically monitored house arrest toward the period of any422
other dispositional order imposed upon the child if the child423
violates any of the requirements of the dispositional order of424
electronically monitored house arrest. The court also may impose425
other reasonable requirements upon the child.426

       Unless ordered by the court, a child shall not receive credit427
for any time served on electronically monitored house arrest428
toward any other dispositional order imposed upon the child for429
the act for which was imposed the dispositional order of430
electronically monitored house arrest.431

       (l) A suspension of the driver's license, probationary432
driver's license, or temporary instruction permit issued to the433
child or a suspension of the registration of all motor vehicles434
registered in the name of the child. A child whose license or435
permit is so suspended is ineligible for issuance of a license or436
permit during the period of suspension. At the end of the period437
of suspension, the child shall not be reissued a license or permit438
until the child has paid any applicable reinstatement fee and439
complied with all requirements governing license reinstatement.440

       (4) Commit the child to the custody of the court;441

       (5) Require the child to not be absent without legitimate442
excuse from the public school the child is supposed to attend for443
five or more consecutive days, seven or more school days in one444
school month, or twelve or more school days in a school year;445

       (6)(a) If a child is adjudicated a delinquent child for446
being a chronic truant or an habitual truant who previously has447
been adjudicated an unruly child for being a habitual truant, do448
either or both of the following:449

       (i) Require the child to participate in a truancy prevention450
mediation program;451

       (ii) Make any order of disposition as authorized by this452
section, except that the court shall not commit the child to a453
facility described in division (A)(2) of this section unless the454
court determines that the child violated a lawful court order made455
pursuant to division (C)(1)(e) of section 2151.354 of the Revised456
Code or division (A)(5) of this section.457

       (b) If a child is adjudicated a delinquent child for being a458
chronic truant or a habitual truant who previously has been459
adjudicated an unruly child for being a habitual truant and the460
court determines that the parent, guardian, or other person having461
care of the child has failed to cause the child's attendance at462
school in violation of section 3321.38 of the Revised Code, do463
either or both of the following:464

       (i) Require the parent, guardian, or other person having465
care of the child to participate in a truancy prevention mediation466
program;467

       (ii) Require the parent, guardian, or other person having468
care of the child to participate in any community service program,469
preferably a community service program that requires the470
involvement of the parent, guardian, or other person having care471
of the child in the school attended by the child.472

       (7) Make any further disposition that the court finds473
proper, except that the child shall not be placed in any of the474
following:475

       (a) A state correctional institution, a county, multicounty,476
or municipal jail or workhouse, or another place in which an adult477
convicted of a crime, under arrest, or charged with a crime is478
held;479

       (b) A community corrections facility, if the child would be480
covered by the definition of public safety beds for purposes of481
sections 5139.41 to 5139.45 of the Revised Code if the court482
exercised its authority to commit the child to the legal custody483
of the department of youth services for institutionalization or484
institutionalization in a secure facility pursuant to this485
chapter.486

       (B) If a child is adjudicated a delinquent child, in487
addition to any order of disposition made under division (A) of488
this section, the court, in the following situations, shall489
suspend the child's temporary instruction permit, restricted490
license, probationary driver's license, or nonresident operating491
privilege, or suspend the child's ability to obtain such a permit:492

       (1) The child is adjudicated a delinquent child for493
violating section 2923.122 of the Revised Code, with the494
suspension and denial being in accordance with division (E)(1)(a),495
(c), (d), or (e) of section 2923.122 of the Revised Code.496

       (2) The child is adjudicated a delinquent child for497
committing an act that if committed by an adult would be a drug498
abuse offense or for violating division (B) of section 2917.11 of499
the Revised Code, with the suspension continuing until the child500
attends and satisfactorily completes a drug abuse or alcohol abuse501
education, intervention, or treatment program specified by the502
court. During the time the child is attending the program, the503
court shall retain any temporary instruction permit, probationary504
driver's license, or driver's license issued to the child, and the505
court shall return the permit or license when the child506
satisfactorily completes the program.507

       (C) The court may establish a victim-offender mediation508
program in which victims and their offenders meet to discuss the509
offense and suggest possible restitution. If the court obtains510
the assent of the victim of the delinquent act committed by the511
child, the court may require the child to participate in the512
program.513

       (D)(1) If a child is adjudicated a delinquent child for514
committing an act that would be a felony if committed by an adult515
and if the child caused, attempted to cause, threatened to cause,516
or created a risk of physical harm to the victim of the act, the517
court, prior to issuing an order of disposition under this518
section, shall order the preparation of a victim impact statement519
by the probation department of the county in which the victim of520
the act resides, by the court's own probation department, or by a521
victim assistance program that is operated by the state, a county,522
a municipal corporation, or another governmental entity. The court523
shall consider the victim impact statement in determining the524
order of disposition to issue for the child.525

       (2) Each victim impact statement shall identify the victim526
of the act for which the child was adjudicated a delinquent child,527
itemize any economic loss suffered by the victim as a result of528
the act, identify any physical injury suffered by the victim as a529
result of the act and the seriousness and permanence of the530
injury, identify any change in the victim's personal welfare or531
familial relationships as a result of the act and any532
psychological impact experienced by the victim or the victim's533
family as a result of the act, and contain any other information534
related to the impact of the act upon the victim that the court535
requires.536

       (3) A victim impact statement shall be kept confidential and537
is not a public record. However, the court may furnish copies of538
the statement to the department of youth services if the539
delinquent child is committed to the department or to both the540
adjudicated delinquent child or the adjudicated delinquent child's541
counsel and the prosecuting attorney. The copy of a victim impact542
statement furnished by the court to the department pursuant to543
this section shall be kept confidential and is not a public544
record. The copies of a victim impact statement that are made545
available to the adjudicated delinquent child or the adjudicated546
delinquent child's counsel and the prosecuting attorney pursuant547
to this division shall be returned to the court by the person to548
whom they were made available immediately following the imposition549
of an order of disposition for the child under this chapter.550

       (4) The department of youth services shall work with local551
probation departments and victim assistance programs to develop a552
standard victim impact statement.553

       (E) If a child is adjudicated a delinquent child for being a554
chronic truant or an habitual truant who previously has been555
adjudicated an unruly child for being an habitual truant and the556
court determines that the parent, guardian, or other person having557
care of the child has failed to cause the child's attendance at558
school in violation of section 3321.38 of the Revised Code, in559
addition to any order of disposition it makes under this section,560
the court shall warn the parent, guardian, or other person having561
care of the child that any subsequent adjudication of the child as562
an unruly or delinquent child for being an habitual or chronic563
truant may result in a criminal charge against the parent,564
guardian, or other person having care of the child for a violation565
of division (C) of section 2919.21 or section 2919.24 of the566
Revised Code.567

       (F)(1) During the period of a delinquent child's community568
control granted under this section, authorized probation officers569
who are engaged within the scope of their supervisory duties or570
responsibilities may search, with or without a warrant, the person571
of the delinquent child, the place of residence of the delinquent572
child, and a motor vehicle, another item of tangible or intangible573
personal property, or other real property in which the delinquent574
child has a right, title, or interest or for which the delinquent575
child has the express or implied permission of a person with a576
right, title, or interest to use, occupy, or possess if the577
probation officers have reasonable grounds to believe that the578
delinquent child is not abiding by the law or otherwise is not579
complying with the conditions of the delinquent child's community580
control. The court that places a delinquent child on community581
control under this section shall provide the delinquent child with582
a written notice that informs the delinquent child that authorized583
probation officers who are engaged within the scope of their584
supervisory duties or responsibilities may conduct those types of585
searches during the period of community control if they have586
reasonable grounds to believe that the delinquent child is not587
abiding by the law or otherwise is not complying with the588
conditions of the delinquent child's community control. The court589
also shall provide the written notice described in division (E)(2)590
of this section to each parent, guardian, or custodian of the591
delinquent child who is described in that division.592

       (2) The court that places a child on community control under593
this section shall provide the child's parent, guardian, or other594
custodian with a written notice that informs them that authorized595
probation officers may conduct searches pursuant to division596
(E)(1) of this section. The notice shall specifically state that597
a permissible search might extend to a motor vehicle, another item598
of tangible or intangible personal property, or a place of599
residence or other real property in which a notified parent,600
guardian, or custodian has a right, title, or interest and that601
the parent, guardian, or custodian expressly or impliedly permits602
the child to use, occupy, or possess.603

       (G) If a juvenile court commits a delinquent child to the604
custody of any person, organization, or entity pursuant to this605
section and if the delinquent act for which the child is so606
committed is a sexually oriented offense, the court in the order607
of disposition shall inform the person, organization, or entity608
that it is the preferred course of action in this state that the609
child be provided treatment as described in division (A)(2) of610
section 5139.13 of the Revised Code and shall encourage the611
person, organization, or entity to provide that treatment.612

       Sec. 2152.191.  If a child is adjudicated a delinquent child613
for committing a sexually oriented offense, if the child is614
fourteen years of age or older at the time of committing the615
offense, and if the child committed the offense on or after the616
effective date of this section, all of the following apply:617

        (A) Sections 2152.82 to 2152.85 and Chapter 2950. of the618
Revised Code apply to the child and the adjudication.619

        (B) In addition to any order of disposition it makes of the620
child under this chapter, the court may make any determination,621
adjudication, or order authorized under sections 2152.82 to622
2152.85 and Chapter 2950. of the Revised Code and shall make any623
determination, adjudication, or order required under those624
sections and that chapter.625

       Sec. 2152.22.  (A) When a child is committed to the legal626
custody of the department of youth services under this chapter,627
the juvenile court relinquishes control with respect to the child628
so committed, except as provided in divisions (B), (C), and (G) of629
this section or in sections 2152.82 to 2152.85 of the Revised630
Code. Subject to divisions (B) and (C) of this section, sections631
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections632
2152.82 to 2152.85 of the Revised Code, and any other provision of633
law that specifies a different duration for a dispositional order,634
all other dispositional orders made by the court under this635
chapter shall be temporary and shall continue for a period that is636
designated by the court in its order, until terminated or modified637
by the court or until the child attains twenty-one years of age.638

       The department shall not release the child from a department639
facility and as a result shall not discharge the child or order640
the child's release on supervised release prior to the expiration641
of the period of court control over the child or prior to the642
child's attainment of twenty-one years of age, except upon the643
order of a court pursuant to division (B) or (C) of this section644
or in accordance with section 5139.54 of the Revised Code.645

       (B)(1) The court that commits a delinquent child to the646
department may grant judicial release of the child to court647
supervision under this division, during any of the following648
periods that are applicable, provided any commitment imposed under649
division (A), (B), or (C) of section 2152.17 of the Revised Code650
has ended:651

       (a) If the child was given a disposition under section652
2152.16 of the Revised Code for committing an act that would be a653
felony of the third, fourth, or fifth degree if committed by an654
adult, at any time during the first ninety days of the period of655
court control over the child;656

       (b) If the child was given a disposition under section657
2152.13 or 2152.16 of the Revised Code, or both of those sections,658
for committing an act that would be a felony of the first or659
second degree if committed by an adult, at any time during the660
first one hundred eighty days of the period of court control over661
the child;662

       (c) If the child was committed to the department until the663
child attains twenty-one years of age for an act that would be664
aggravated murder or murder if committed by an adult, at any time665
during the first half of the prescribed period of that commitment666
of the child.667

       (2) If the department of youth services desires to release a668
child during a period specified in division (B)(1) of this669
section, it shall request the court that committed the child to670
grant a judicial release of the child to court supervision. During671
whichever of those periods is applicable, the child or the parents672
of the child also may request that court to grant a judicial673
release of the child to court supervision. Upon receipt of a674
request for a judicial release to court supervision from the675
department, the child, or the child's parent, or upon its own676
motion, the court that committed the child shall do one of the677
following: approve the release by journal entry; schedule within678
thirty days after the request is received a time for a hearing on679
whether the child is to be released; or reject the request by680
journal entry without conducting a hearing.681

       If the court rejects an initial request for a release under682
this division by the child or the child's parent, the child or the683
child's parent may make one additional request for a judicial684
release to court supervision within the applicable period. The685
additional request may be made no earlier than thirty days after686
the filing of the prior request for a judicial release to court687
supervision. Upon the filing of a second request for a judicial688
release to court supervision, the court shall either approve or689
disapprove the release by journal entry or schedule within thirty690
days after the request is received a time for a hearing on whether691
the child is to be released.692

       (3) If a court schedules a hearing under division (B)(2) of693
this section, it may order the department to deliver the child to694
the court on the date set for the hearing and may order the695
department to present to the court a report on the child's696
progress in the institution to which the child was committed and697
recommendations for conditions of supervision of the child by the698
court after release. The court may conduct the hearing without699
the child being present. The court shall determine at the hearing700
whether the child should be granted a judicial release to court701
supervision.702

       If the court approves the release, it shall order its staff703
to prepare a written treatment and rehabilitation plan for the704
child that may include any conditions of the child's release that705
were recommended by the department and approved by the court. The706
committing court shall send the juvenile court of the county in707
which the child is placed a copy of the recommended plan. The708
court of the county in which the child is placed may adopt the709
recommended conditions set by the committing court as an order of710
the court and may add any additional consistent conditions it711
considers appropriate. If a child is granted a judicial release712
to court supervision, the release discharges the child from the713
custody of the department of youth services.714

       (C)(1) The court that commits a delinquent child to the715
department may grant judicial release of the child to department716
of youth services supervision under this division, during any of717
the following periods that are applicable, provided any commitment718
imposed under division (A), (B), or (C) of section 2152.17 of the719
Revised Code has ended:720

       (a) If the child was given a disposition under section721
2152.16 of the Revised Code for an act that would be a felony of722
the third, fourth, or fifth degree if committed by an adult, at723
any time during the period of court control over the child,724
provided that at least ninety days of that period have elapsed;725

       (b) If the child was given a disposition under section726
2152.13 or 2152.16 of the Revised Code, or both of those sections,727
for an act that would be a felony of the first or second degree if728
committed by an adult, at any time during the period of court729
control over the child, provided that at least one hundred eighty730
days of that period have elapsed;731

       (c) If the child was committed to the department for an act732
that would be aggravated murder or murder if committed by an adult733
until the child attains twenty-one years of age, at any time734
during the second half of the prescribed period of that commitment735
of the child.736

       (2) If the department of youth services desires to release a737
child during a period specified in division (C)(1) of this738
section, it shall request the court that committed the child to739
grant a judicial release to department of youth services740
supervision. During whichever of those periods is applicable, the741
child or the child's parent also may request the court that742
committed the child to grant a judicial release to department of743
youth services supervision. Upon receipt of a request for744
judicial release to department of youth services supervision, the745
child, or the child's parent, or upon its own motion at any time746
during that period, the court shall do one of the following:747
approve the release by journal entry; schedule a time within748
thirty days after receipt of the request for a hearing on whether749
the child is to be released; or reject the request by journal750
entry without conducting a hearing.751

       If the court rejects an initial request for release under752
this division by the child or the child's parent, the child or the753
child's parent may make one or more subsequent requests for a754
release within the applicable period, but may make no more than755
one request during each period of ninety days that the child is in756
a secure department facility after the filing of a prior request757
for early release. Upon the filing of a request for release under758
this division subsequent to an initial request, the court shall759
either approve or disapprove the release by journal entry or760
schedule a time within thirty days after receipt of the request761
for a hearing on whether the child is to be released.762

       (3) If a court schedules a hearing under division (C)(2) of763
this section, it may order the department to deliver the child to764
the court on the date set for the hearing and shall order the765
department to present to the court at that time a treatment plan766
for the child's post-institutional care. The court may conduct767
the hearing without the child being present. The court shall768
determine at the hearing whether the child should be granted a769
judicial release to department of youth services supervision.770

       If the court approves the judicial release to department of771
youth services supervision, the department shall prepare a written772
treatment and rehabilitation plan for the child pursuant to773
division (E) of this section that shall include the conditions of774
the child's release. It shall send the committing court and the775
juvenile court of the county in which the child is placed a copy776
of the plan. The court of the county in which the child is placed777
may adopt the conditions set by the department as an order of the778
court and may add any additional consistent conditions it779
considers appropriate, provided that the court may not add any780
condition that decreases the level or degree of supervision781
specified by the department in its plan, that substantially782
increases the financial burden of supervision that will be783
experienced by the department, or that alters the placement784
specified by the department in its plan. If the court of the785
county in which the child is placed adds to the department's plan786
any additional conditions, it shall enter those additional787
conditions in its journal and shall send to the department a copy788
of the journal entry of the additional conditions.789

       If the court approves the judicial release to department of790
youth services supervision, the actual date on which the791
department shall release the child is contingent upon the792
department finding a suitable placement for the child. If the793
child is to be returned to the child's home, the department shall794
return the child on the date that the court schedules for the795
child's release or shall bear the expense of any additional time796
that the child remains in a department facility. If the child is797
unable to return to the child's home, the department shall798
exercise reasonable diligence in finding a suitable placement for799
the child, and the child shall remain in a department facility800
while the department finds the suitable placement.801

       (D) If a child is released under division (B) or (C) of this802
section and the court of the county in which the child is placed803
has reason to believe that the child's deportment is not in804
accordance with the conditions of the child's judicial release,805
the court of the county in which the child is placed shall806
schedule a time for a hearing to determine whether the child807
violated any of the post-release conditions, and, if the child was808
released under division (C) of this section, divisions (A) to (E)809
of section 5139.52 of the Revised Code apply regarding the child.810

       If that court determines at the hearing that the child811
violated any of the post-release conditions, the court, if it812
determines that the violation was a serious violation, may order813
the child to be returned to the department for814
institutionalization, consistent with the original order of815
commitment of the child, or in any case may make any other816
disposition of the child authorized by law that the court817
considers proper. If the court of the county in which the child818
is placed orders the child to be returned to a department of youth819
services institution, the time during which the child was held in820
a secure department facility prior to the child's judicial release821
shall be considered as time served in fulfilling the prescribed822
period of institutionalization that is applicable to the child823
under the child's original order of commitment. If the court824
orders the child returned to a department institution, the child825
shall remain in institutional care for a minimum of three months826
or until the child successfully completes a revocation program of827
a duration of not less than thirty days operated either by the828
department or by an entity with which the department has829
contracted to provide a revocation program.830

       (E) The department of youth services, prior to the release831
of a child pursuant to division (C) of this section, shall do all832
of the following:833

       (1) After reviewing the child's rehabilitative progress834
history and medical and educational records, prepare a written835
treatment and rehabilitation plan for the child that includes836
conditions of the release;837

       (2) Completely discuss the conditions of the plan prepared838
pursuant to division (E)(1) of this section and the possible839
penalties for violation of the plan with the child and the child's840
parents, guardian, or legal custodian;841

       (3) Have the plan prepared pursuant to division (E)(1) of842
this section signed by the child, the child's parents, legal843
guardian, or custodian, and any authority or person that is to844
supervise, control, and provide supportive assistance to the child845
at the time of the child's release pursuant to division (C) of846
this section;847

       (4) Prior to the child's release, file a copy of the848
treatment plan prepared pursuant to division (E)(1) of this849
section with the committing court and the juvenile court of the850
county in which the child is to be placed.851

       (F) The department of youth services shall file a written852
progress report with the committing court regarding each child853
released pursuant to division (C) of this section at least once854
every thirty days unless specifically directed otherwise by the855
court. The report shall indicate the treatment and rehabilitative856
progress of the child and the child's family, if applicable, and857
shall include any suggestions for altering the program, custody,858
living arrangements, or treatment. The department shall retain859
legal custody of a child so released until it discharges the child860
or until the custody is terminated as otherwise provided by law.861

       (G) When a child is committed to the legal custody of the862
department of youth services, the court retains jurisdiction to863
perform the functions specified in section 5139.51 of the Revised864
Code with respect to the granting of supervised release by the865
release authority and to perform the functions specified in866
section 5139.52 of the Revised Code with respect to violations of867
the conditions of supervised release granted by the release868
authority and to the revocation of supervised release granted by869
the release authority.870

       Sec. 2152.82. (A) If a child is adjudicated a delinquent871
child for committing on or after the effective date of this872
section a sexually oriented offense, the juvenile court judge who873
adjudicates the child a delinquent child shall issue an order that874
classifies the child a juvenile sex offender registrant and875
specifies that the child has a duty to register under section876
2950.04 of the Revised Code ifthe delinquent child was fourteen,877
fifteen, sixteen, or seventeen years of age at the time of878
committing the offense, and the delinquent child previously was879
adjudicated a delinquent child for committing any sexually880
oriented offense, regardless of when the prior offense was881
committed and regardless of the delinquent child's age at the time882
of committing the offense.883

       (B) An order required under division (A) of this section884
shall be issued at the time the judge makes the orders of885
disposition for the delinquent child. Prior to issuing the order,886
the judge shall conduct the hearing and make the determinations887
required by, and otherwise comply with, divisions (B) and (E) of888
section 2950.09 of the Revised Code. When a judge issues an order889
under division (A) of this section, all of the following apply:890

       (1) The judge shall include in the order any determination891
that the delinquent child is a sexual predator or is a habitual892
sex offender that the judge makes pursuant to division (B) or (E)893
of section 2950.09 of the Revised Code and any related information894
required or authorized under the division under which the895
determination is made, including, but not limited to, any896
requirement imposed by the court subjecting a child who is a897
habitual sex offender to community notification provisions as898
described in division (E) of that section.899

       (2) The judge shall include in the order a statement that,900
upon completion of the disposition of the delinquent child that901
was made for the sexually oriented offense upon which the order is902
based, a hearing will be conducted, and the order and any903
determinations included in the order are subject to modification904
or termination pursuant to sections 2152.84 and 2152.85 of the905
Revised Code.906

       (3) The judge shall provide a copy of the order to the907
delinquent child and to the delinquent child's parent, guardian,908
or custodian, as part of the notice provided under divisions (A)909
and (B) of section 2950.03 of the Revised Code.910

       (4) The judge shall include the order in the delinquent911
child's dispositional order and shall specify in the dispositional912
order that the order issued under division (A) of this section was913
made pursuant to this section.914

       (C) An order issued under division (A) of this section and915
any determinations included in the order shall remain in effect916
for the period of time specified in section 2950.07 of the Revised917
Code, subject to a modification or termination of the order under918
section 2152.84 or 2152.85 of the Revised Code. If an order is919
issued under division (A) of this section, the child's attainment920
of eighteen or twenty-one years of age does not affect or921
terminate the order, and the order remains in effect for the922
period of time described in this division.923

       Sec. 2152.83. (A) If a child is adjudicated a delinquent924
child for committing on or after the effective date of this925
section a sexually oriented offense, if the child was sixteen or926
seventeen years of age at the time of committing the offense, and927
if the juvenile court judge was not required to classify the child928
a juvenile sex offender registrant under section 2152.82 of the929
Revised Code, upon the child's discharge or release from a secure930
facility or at the time of disposition if the judge does not931
commit the child to the custody of a secure facility, the juvenile932
court judge who adjudicated the child a delinquent child, or that933
judge's successor in office, shall issue an order that classifies934
the child a juvenile sex offender registrant and specifies that935
the child has a duty to register under section 2950.04 of the936
Revised Code. Prior to issuing the order, the judge shall conduct937
the hearing and make the determinations required by, and otherwise938
comply with, divisions (B) and (E) of section 2950.09 of the939
Revised Code. When a judge issues an order under division (A) of940
this section, the judge shall include in the order any941
determination that the delinquent child is a sexual predator or is942
a habitual sex offender that the judge makes pursuant to division943
(B) or (E) of section 2950.09 of the Revised Code and any related944
information required or authorized under the division under which945
the determination is made, including, but not limited to, any946
requirement imposed by the court subjecting a child who is a947
habitual sex offender to community notification provisions as948
described in division (E) of that section.949

       (B) If a child is adjudicated a delinquent child for950
committing on or after the effective date of this section a951
sexually oriented offense, if the delinquent child was fourteen or952
fifteen years of age at the time of committing the offense, and if953
the juvenile court judge was not required to classify the child a954
juvenile sex offender registrant under section 2152.82 of the955
Revised Code, upon the child's discharge or release from a secure956
facility or at the time of disposition if the judge does not957
commit the child to the custody of a secure facility, the juvenile958
court judge who adjudicated the child a delinquent child, or that959
judge's successor in office, may, on the judge's own motion,960
conduct a hearing to review the effectiveness of the disposition961
and of any treatment provided for a child placed in a secure962
setting and to determine whether the child should be classified a963
juvenile sex offender registrant. The judge may conduct the964
hearing on the judge's own initiative or based upon a965
recommendation of an officer or employee of the department of966
youth services, a probation officer, an employee of the court, or967
a prosecutor or law enforcement officer. If the judge conducts968
the hearing, upon completion of the hearing, the judge, in the969
judge's discretion and after consideration of the factors listed970
in division (E) of this section, shall do either of the following:971

       (1) Decline to issue an order that classifies the child a972
juvenile sex offender registrant and specifies that the child has973
a duty to register under section 2950.04 of the Revised Code;974

       (2) Issue an order that classifies the child a juvenile sex975
offender registrant and specifies that the child has a duty to976
register under section 2950.04 of the Revised Code and, if the977
judge determines as described in division (C) of this section that978
the child is a sexual predator or a habitual sex offender, include979
in the order a statement that the judge has determined that the980
child is a sexual predator or a habitual sex offender, whichever981
is applicable.982

       (C) A judge may issue an order under division (B) of this983
section that contains a determination that a delinquent child is a984
sexual predator only if the judge, in accordance with the985
procedures specified in division (B) of section 2950.09 of the986
Revised Code, determines at the hearing by clear and convincing987
evidence that the child is a sexual predator. A judge may issue988
an order under division (B) of this section that contains a989
determination that a delinquent child is a habitual sex offender990
only if the judge determines at the hearing as described in991
division (E) of section 2950.09 of the Revised Code that the child992
is a habitual sex offender. If the judge issues an order under993
division (B) of this section that contains a determination that a994
delinquent child is a habitual sex offender, the judge may impose995
a requirement subjecting the child to community notification996
provisions as described in division (E) of section 2950.09 of the997
Revised Code.998

       (D) If a judge issues an order under division (A) or (B) of999
this section, the judge shall provide to the delinquent child and1000
to the delinquent child's parent, guardian, or custodian a copy of1001
the order and a notice containing the information described in1002
divisions (A) and (B) of section 2950.03 of the Revised Code. The1003
judge shall provide the notice at the time of the issuance of the1004
order, shall provide the notice as described in division (B)(1)(c)1005
of that section, and shall comply with divisions (B)(1), (B)(2),1006
and (C) of that section regarding that notice.1007

       The judge also shall include in the order a statement that,1008
upon completion of the disposition of the delinquent child that1009
was made for the sexually oriented offense upon which the order is1010
based, a hearing will be conducted and the order is subject to1011
modification or termination pursuant to section 2152.84 of the1012
Revised Code.1013

       (E) In making a decision under division (B) of this section1014
as to whether a delinquent child should be classified a juvenile1015
sex offender registrant and, if so, whether the child also is a1016
sexual predator or a habitual sex offender, a judge shall consider1017
all relevant factors, including, but not limited to, all of the1018
following:1019

       (1) The nature of the sexually oriented offense committed by1020
the child;1021

       (2) Whether the child has shown any genuine remorse or1022
compunction for the offense;1023

       (3) The public interest and safety;1024

       (4) The factors set forth in division (B)(3) of section1025
2950.09 of the Revised Code;1026

       (5) The factors set forth in divisions (B) and (C) of1027
section 2929.12 of the Revised Code as those factors apply1028
regarding the delinquent child, the offense, and the victim;1029

       (6) The results of any treatment provided to the child and1030
of any follow-up professional assessment of the child.1031

       (F) An order issued under division (A) or (B) of this1032
section shall remain in effect for the period of time specified in1033
section 2950.07 of the Revised Code, subject to a modification or1034
termination of the order under section 2152.84 of the Revised1035
Code. The child's attainment of eighteen or twenty-one years of1036
age does not affect or terminate the order, and the order remains1037
in effect for the period of time described in this division.1038

       (G) As used in the section, "secure facility" has the same1039
meaning as in section 2950.01 of the Revised Code.1040

       Sec. 2152.84.  (A)(1) When a juvenile court judge issues an1041
order under section 2152.82 or division (A) or (B) of section1042
2152.83 of the Revised Code that classifies a delinquent child a1043
juvenile sex offender registrant and specifies that the child has1044
a duty to register under section 2950.04 of the Revised Code, upon1045
completion of the disposition of that delinquent child that the1046
judge made for the sexually oriented offense on which the juvenile1047
sex offender registrant order was based, the judge or the judge's1048
successor in office shall conduct a hearing to do all of the1049
following:1050

       (a) Review the effectiveness of the disposition and of any1051
treatment provided for the child;1052

       (b) If the order also contains a determination that the1053
delinquent child is a sexual predator or habitual sex offender 1054
that the court made pursuant to division (B) or (E) of section1055
2950.09 of the Revised Code, determine whether the classification1056
of the child as a sexual predator, habitual sex offender, or1057
juvenile sex offender registrant should be continued or modified1058
or, regarding an order issued under division (B) of section1059
2152.83 of the Revised Code, terminated;1060

       (c) If the order was issued under division (B) of section1061
2152.83 of the Revised Code and does not contain a sexual predator1062
determination that the court makes as described in division1063
(A)(1)(b) of this section, determine whether the classification of1064
the child as a juvenile sex offender registrant should be1065
continued, modified, or terminated.1066

       (2) Upon completion of a hearing under division (A)(1) of1067
this section, the judge, in the judge's discretion and after1068
consideration of the factors listed in division (E) of this1069
section, shall do one of the following, as applicable:1070

       (a) Enter an order that continues the classification of the1071
delinquent child made in the order issued under section 2152.82 or1072
division (A) or (B) of section 2152.83 of the Revised Code, and1073
any sexual predator or habitual sex offender determination1074
included in the order;1075

       (b) If the order was issued under section 2152.82 or1076
division (A) of section 2152.83 of the Revised Code and includes a1077
determination by the judge that the delinquent child is a sexual1078
predator, enter an order that contains a determination that the1079
delinquent child no longer is a sexual predator and that also1080
contains either a determination that the delinquent child is a1081
habitual sex offender or a determination that the delinquent child1082
remains a juvenile sex offender registrant but is not a sexual1083
predator or habitual sex offender;1084

       (c) If the order was issued under section 2152.82 or1085
division (A) of section 2152.83 of the Revised Code and does not1086
include a sexual predator determination as described in division1087
(A)(2)(b) of this section but includes a determination by the1088
judge that the delinquent child is a habitual sex offender, enter1089
an order that contains a determination that the delinquent child1090
no longer is a habitual sex offender and that also contains a1091
determination that the delinquent child remains a juvenile sex1092
offender registrant but is not a habitual sex offender;1093

       (d) If the order was issued under division (B) of section1094
2152.83 of the Revised Code and includes a determination by the1095
judge that the delinquent child is a sexual predator, enter an1096
order that contains a determination that the delinquent child no1097
longer is a sexual predator and that also contains a determination1098
that the delinquent child is a habitual sex offender, a1099
determination that the delinquent child remains a juvenile sex1100
offender registrant but is not a sexual predator or habitual sex1101
offender, or a determination that specifies that the delinquent1102
child no longer is a juvenile sex offender registrant and no1103
longer has a duty to register under section 2950.04 of the Revised1104
Code;1105

       (e) If the order was issued under division (B) of section1106
2152.83 of the Revised Code and does not include a sexual predator1107
determination as described in division (A)(2)(d) of this section1108
but includes a determination by the judge that the delinquent1109
child is a habitual sex offender, enter an order that contains a1110
determination that the child no longer is a habitual sex offender1111
and that also contains either a determination that the child1112
remains a juvenile sex offender registrant but is not a sexual1113
predator or habitual sex offender or a determination that1114
specifies that the child no longer is a juvenile sex offender1115
registrant and no longer has a duty to register under section1116
2950.04 of the Revised Code;1117

       (f) If the order was issued under division (B) of section1118
2152.83 of the Revised Code and the order does not include a1119
sexual predator determination or a habitual sex offender1120
determination as described in divisions (A)(2)(d) and (e) of this1121
section, enter an order that contains a determination that the1122
delinquent child no longer is a juvenile sex offender registrant1123
and no longer has a duty to register under section 2950.04 of the1124
Revised Code.1125

       (B) If a judge issues an order under division (A)(2)(a) of1126
this section that continues the prior classification of the1127
delinquent child as a juvenile sex offender registrant and any1128
sexual predator or habitual sex offender determination included in1129
the order, the prior classification and the prior determination,1130
if applicable, shall remain in effect.1131

       A judge may issue an order under division (A)(2) of this1132
section that contains a determination that a child no longer is a1133
sexual predator only if the judge, in accordance with the1134
procedures specified in division (D)(1) of section 2950.09 of the1135
Revised Code, determines at the hearing by clear and convincing1136
evidence that the delinquent child is unlikely to commit a1137
sexually oriented offense in the future. If the judge issues an1138
order of that type, the judge shall provide the notifications1139
described in division (D)(1) of section 2950.09 of the Revised1140
Code, and the recipient of the notification shall comply with the1141
provisions of that division.1142

       (C) If a judge issues an order under any provision of1143
division (A)(2) of this section, the judge shall provide to the1144
delinquent child and to the delinquent child's parent, guardian,1145
or custodian a copy of the order and a notice containing the1146
information described in divisions (A) and (B) of section 2950.031147
of the Revised Code. The judge shall provide the notice at the1148
time of the issuance of the order, shall provide the notice as1149
described in division (B)(1)(c) of that section, and shall comply1150
with divisions (B)(1), (B)(2), and (C) of that section regarding1151
that notice.1152

       (D) In making a decision under division (A) of this section,1153
a judge shall consider all relevant factors, including, but not1154
limited to, the factors listed in division (E) of section 2152.831155
of the Revised Code.1156

       (E) An order issued under division (A)(2) of this section1157
and any determinations included in the order shall remain in1158
effect for the period of time specified in section 2950.07 of the1159
Revised Code, subject to a modification or termination of the1160
order under section 2152.85 of the Revised Code. If an order is1161
issued under division (A)(2) of this section, the child's1162
attainment of eighteen or twenty-one years of age does not affect1163
or terminate the order, and the order remains in effect for the1164
period of time described in this division.1165


       Sec. 2152.85. (A) Upon the expiration of the applicable1167
period of time specified in division (B)(1) or (2) of this1168
section, a delinquent child who has been classified pursuant to1169
this section or section 2152.82 or 2152.83 of the Revised Code a1170
juvenile sex offender registrant may petition the judge who made1171
the classification, or that judge's successor in office, to do one1172
of the following:1173

       (1) If the order containing the juvenile sex offender1174
registrant classification also includes a determination by the1175
juvenile court judge that the delinquent child is a sexual1176
predator relative to the sexually oriented offense in the manner1177
described in section 2152.82 or 2152.83 of the Revised Code and1178
that determination remains in effect, to enter an order that1179
contains a determination that the child no longer is a sexual1180
predator and that also contains either a determination that the1181
child is a habitual sex offender or a determination that the child1182
remains a juvenile sex offender registrant but is not a sexual1183
predator or habitual sex offender;1184

       (2) If the order containing the juvenile sex offender1185
registrant classification under section 2152.82 or 2152.83 of the1186
Revised Code or under division (C)(2) of this section pursuant to1187
a petition filed under division (A) of this section does not1188
include a sexual predator determination as described in division1189
(A)(1) of this section but includes a determination by the1190
juvenile court judge that the delinquent child is a habitual sex1191
offender relative to the sexually oriented offense in the manner1192
described in section 2152.82 or 2152.83 of the Revised Code, or in1193
this section, and that determination remains in effect, to enter1194
an order that contains a determination that the child no longer is1195
a habitual sex offender and that also contains either a1196
determination that the child remains a juvenile sex offender1197
registrant or a determination that the child no longer is a1198
juvenile sex offender registrant and no longer has a duty to1199
register under section 2950.04 of the Revised Code;1200

       (3) If the order containing the juvenile sex offender1201
registrant classification under section 2152.82 or 2152.83 of the1202
Revised Code or under division (C)(2) of this section pursuant to1203
a petition filed under division (A) of this section does not1204
include a sexual predator or habitual sex offender determination1205
as described in division (A)(1) or (2) of this section, to enter1206
an order that contains a determination that the child no longer is1207
a juvenile sex offender registrant and no longer has a duty to1208
register under section 2950.04 of the Revised Code.1209

       (B) A delinquent child who has been adjudicated a delinquent1210
child for committing on or after the effective date of this1211
section a sexually oriented offense and who has been classified a1212
juvenile sex offender registrant relative to that sexually1213
oriented offense may file a petition under division (A) of this1214
section requesting reclassification or declassification as1215
described in that division after the expiration of one of the1216
following periods of time:1217

       (1) The delinquent child initially may file a petition not1218
earlier than three years after the entry of the juvenile court1219
judge's order after the mandatory hearing conducted under section1220
2152.84 of the Revised Code.1221

       (2) After the delinquent child's initial filing of a1222
petition under division (B)(1) of this section, the child may file1223
a second petition not earlier than three years after the judge has1224
entered an order deciding the petition under division (B)(1) of1225
this section.1226

       (3) After the delinquent child's filing of a petition under1227
division (B)(2) of this section, thereafter, the delinquent child1228
may file a petition under this division upon the expiration of1229
five years after the judge has entered an order deciding the1230
petition under division (B)(2) of this section or the most recent1231
petition the delinquent child has filed under this division.1232

       (C) Upon the filing of a petition under divisions (A) and1233
(B) of this section, the judge may review the prior classification1234
or determination in question and, upon consideration of all1235
relevant factors and information, including, but not limited to1236
the factors listed in division (E) of section 2152.83 of the1237
Revised Code, the judge, in the judge's discretion, shall do one1238
of the following:1239

       (1) Enter an order denying the petition;1240

       (2) Issue an order that reclassifies or declassifies the1241
delinquent child, in the requested manner specified in division1242
(A)(1), (2), or (3) of this section.1243

       (D) If a judge issues an order under division (C) of this1244
section that denies a petition, the prior classification of the1245
delinquent child as a juvenile sex offender registrant, and the1246
prior determination that the child is a sexual predator or1247
habitual sex offender, if applicable, shall remain in effect.1248

       A judge may issue an order under division (C) of this section1249
that contains a determination that a child no longer is a sexual1250
predator only if the judge conducts a hearing and, in accordance1251
with the procedures specified in division (D)(1) of section1252
2950.09 of the Revised Code, determines at the hearing by clear1253
and convincing evidence that the delinquent child is unlikely to1254
commit a sexually oriented offense in the future. If the judge1255
issues an order of that type, the judge shall provide the1256
notifications described in division (D)(1) of section 2950.09 of1257
the Revised Code, and the recipient of the notification shall1258
comply with the provisions of that division.1259

       A judge may issue an order under division (C) of this section1260
that contains a determination that a delinquent child is a1261
habitual sex offender only if the judge conducts a hearing and1262
determines at the hearing as described in division (E) of section1263
2950.09 of the Revised Code that the child is a habitual sex1264
offender. If the judge issues an order that contains a1265
determination that a delinquent child is a habitual sex offender,1266
the judge may impose a requirement subjecting the child to1267
community notification provisions as described in that division.1268

       (E) If a judge issues an order under division (C) of this1269
section, the judge shall provide to the delinquent child and to1270
the delinquent child's parent, guardian, or custodian a copy of1271
the order and a notice containing the information described in1272
divisions (A) and (B) of section 2950.03 of the Revised Code. The1273
judge shall provide the notice at the time of the issuance of the1274
order, shall provide the notice as described in division (B)(1)(c)1275
of section 2950.03 of the Revised Code, and shall comply with1276
divisions (B)(1), (B)(2), and (C) of that section regarding that1277
notice.1278

       (F) An order issued under division (C) of this section shall1279
remain in effect for the period of time specified in section1280
2950.07 of the Revised Code, subject to a further modification or1281
a termination of the order under this section. If an order is1282
issued under division (C) of this section, the child's attainment1283
of eighteen or twenty-one years of age does not affect or1284
terminate the order, and the order remains in effect for the1285
period of time described in this division.1286


       Sec. 2919.24.  (A) No person shall do eitherany of the1288
following:1289

       (1) Aid, abet, induce, cause, encourage, or contribute to a1290
child or a ward of the juvenile court becoming an unruly child, as1291
defined in section 2151.022 of the Revised Code, or a delinquent1292
child, as defined in section 2151.02 of the Revised Code;1293

       (2) Act in a way tending to cause a child or a ward of the1294
juvenile court to become an unruly child, as defined in section1295
2151.022 of the Revised Code, or a delinquent child, as defined in1296
section 2151.02 of the Revised Code;1297

        (3) If the person is the parent, guardian, or custodian of1298
a child who has the duties under Chapters 2152. and 2950. of the1299
Revised Code to register, to register a new residence address, and1300
to periodically verify a residence address and if the child is not1301
emancipated, as defined in section 2919.121 of the Revised Code,1302
fail to ensure that the child complies with those duties under1303
Chapters 2152. and 2950. of the Revised Code.1304

       (B) Whoever violates this section is guilty of contributing1305
to the unruliness or delinquency of a child, a misdemeanor of the1306
first degree. Each day of violation of this section is a separate1307
offense.1308


       Sec. 2950.01. As used in this chapter, unless the context1310
clearly requires otherwise:1311

       (A) "Confinement" includes, but is not limited to, a1312
community residential sanction imposed pursuant to section 2929.161313
of the Revised Code.1314

       (B) "Habitual sex offender" means, except when a juvenile1315
judge removes this classification pursuant to division (A)(2) of1316
section 2152.84 or division (C)(2) of section 2152.85 of the1317
Revised Code, a person whoto whom both of the following apply:1318

       (1) The person is convicted of or pleads guilty to a1319
sexually oriented offense and who, or the person is adjudicated a1320
delinquent child for committing on or after the effective date of1321
this amendment a sexually oriented offense, was fourteen years of1322
age or older at the time of committing the offense, and is1323
classified a juvenile sex offender registrant based on that1324
adjudication.1325

       (2) The person previously has been convicted of or pleaded1326
guilty to one or more sexually oriented offenses or, regarding a1327
delinquent child, previously has been adjudicated a delinquent1328
child for committing one or more sexually oriented offenses.1329

       (C) "Prosecutor" has the same meaning as in section 2935.011330
of the Revised Code.1331

       (D) "Sexually oriented offense" means any of the following:1332

       (1) Subject to division (D)(2) of this section, any of the1333
following violations or offenses:1334

       (1)(a) Regardless of the age of the victim of the offense, a1335
violation of section 2907.02, 2907.03, or 2907.05 of the Revised1336
Code;1337

       (2)(b) Any of the following offenses involving a minor, in1338
the circumstances specified:1339

       (a)(i) A violation of section 2905.01, 2905.02, 2905.03,1340
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim1341
of the offense is under eighteen years of age;1342

       (b)(ii) A violation of section 2907.21 of the Revised Code1343
when the person who is compelled, induced, procured, encouraged,1344
solicited, requested, or facilitated to engage in, paid or agreed1345
to be paid for, or allowed to engage in the sexual activity in1346
question is under eighteen years of age;1347

       (c)(iii) A violation of division (A)(1) or (3) of section1348
2907.321 or 2907.322 of the Revised Code;1349

       (d)(iv) A violation of division (A)(1) or (2) of section1350
2907.323 of the Revised Code;1351

       (e)(v) A violation of division (B)(5) of section 2919.22 of1352
the Revised Code when the child who is involved in the offense is1353
under eighteen years of age.1354

       (3)(c) Regardless of the age of the victim of the offense, a1355
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the1356
Revised Code, or of division (A) of section 2903.04 of the Revised1357
Code, that is committed with a purpose to gratify the sexual needs1358
or desires of the offender;1359

       (4)(d) A sexually violent offense;1360

       (5)(e) A violation of any former law of this state that was1361
substantially equivalent to any offense listed in division1362
(D)(1)(a), (2), (3)(b), (c), or (4)(d) of this section;1363

       (6)(f) A violation of an existing or former municipal1364
ordinance or law of another state or the United States, a1365
violation under the law applicable in a military court, or a1366
violation under the law applicable in an Indian tribal court that1367
is or was substantially equivalent to any offense listed in1368
division (D)(1)(a), (2), (3)(b), (c), or (4)(d) of this section;1369

       (7)(g) An attempt to commit, conspiracy to commit, or1370
complicity in committing any offense listed in division (D)(1)(a),1371
(2), (3), (4), (5)(b), (c), (d), (e), or (6)(f) of this section.1372

       (2) An act committed by a person under eighteen years of age1373
that is any of the following:1374

       (a) Except for the violations specifically described in1375
divisions (D)(2)(b) and (c) of this section and subject to1376
division (D)(2)(d) of this section, any violation listed in1377
division (D)(1) of this section that, if committed by an adult,1378
would be a felony of the first, second, third, or fourth degree;1379

       (b) Subject to division (A)(2)(d) of this section, a1380
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or1381
2905.02 of the Revised Code, a violation of division (A) of1382
section 2903.04 of the Revised Code, or an attempt to violate any1383
of those sections or that division that is committed with a1384
purpose to gratify the sexual needs or desires of the child 1385
committing the violation;1386

       (c) Subject to division (A)(2)(d) of this section, a1387
violation of division (A)(1) or (3) of section 2907.321, division1388
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of1389
section 2907.323 of the Revised Code, or an attempt to violate any1390
of those divisions, if the person who violates or attempts to1391
violate the division is four or more years older than the minor1392
who is the victim of the offense;1393

       (d) If the child's case has been transferred for criminal1394
prosecution under section 2152.12 of the Revised Code, the act is1395
any violation listed in division (D)(1)(a), (b), (c), (d), (e),1396
(f), or (g) of this section or would be any offense listed in any1397
of those divisions if committed by an adult.1398

       (E) "Sexual predator" means a person whoto whom either of1399
the following applies:1400

       (1) The person has been convicted of or pleaded guilty to1401
committing a sexually oriented offense and is likely to engage in1402
the future in one or more sexually oriented offenses.1403

       (2) The person has been adjudicated a delinquent child for1404
committing a sexually oriented offense, was fourteen years of age1405
or older at the time of committing the offense, was classified a1406
juvenile sex offender registrant based on that adjudication, and1407
is likely to engage in the future in one or more sexually oriented1408
offenses.1409

       (F) "Supervised release" means a release of an offender from1410
a prison term, a term of imprisonment, or another type of1411
confinement that satisfies either of the following conditions:1412

       (1) The release is on parole, a conditional pardon, or1413
probation, under transitional control, or under a post-release1414
control sanction, and it requires the person to report to or be1415
supervised by a parole officer, probation officer, field officer,1416
or another type of supervising officer.1417

       (2) The release is any type of release that is not described1418
in division (F)(1) of this section and that requires the person to1419
report to or be supervised by a probation officer, a parole1420
officer, a field officer, or another type of supervising officer.1421

       (G) An offender or delinquent child is "adjudicated as being1422
a sexual predator" if any of the following applies and if that1423
status has not been removed pursuant to section 2152.84, 2152.85,1424
or 2950.09 of the Revised Code:1425

       (1) The offender is convicted of or pleads guilty to1426
committing, on or after January 1, 1997, a sexually oriented1427
offense that is a sexually violent offense and also is convicted1428
of or pleads guilty to a sexually violent predator specification1429
that was included in the indictment, count in the indictment, or1430
information that charged the sexually violent offense.1431

       (2) Regardless of when the sexually oriented offense was1432
committed, on or after January 1, 1997, the offender is sentenced1433
for a sexually oriented offense, and the sentencing judge1434
determines pursuant to division (B) of section 2950.09 of the1435
Revised Code that the offender is a sexual predator.1436

       (3) The delinquent child is adjudicated a delinquent child1437
for committing a sexually oriented offense, was fourteen years of1438
age or older at the time of committing the offense, and has been1439
classified a juvenile sex offender registrant based on that1440
adjudication, and the adjudicating judge or that judge's successor1441
in office determines pursuant to division (B) of section 2950.091442
or pursuant to division (B) of section 2152.83, section 2152.84,1443
or section 2152.85 of the Revised Code that the delinquent child1444
is a sexual predator.1445

       (4) Prior to January 1, 1997, the offender was convicted of1446
or pleaded guilty to, and was sentenced for, a sexually oriented1447
offense, the offender is imprisoned in a state correctional1448
institution on or after January 1, 1997, and the court determines1449
pursuant to division (C) of section 2950.09 of the Revised Code1450
that the offender is a sexual predator.1451

       (4)(5) Regardless of when the sexually oriented offense was1452
committed, the offender or delinquent child is convicted of or1453
pleads guilty to, or has been convicted of or pleaded guilty to,1454
or is adjudicated a delinquent child for committing a sexually1455
oriented offense in another state or in a federal court, military1456
court, or an Indian tribal court, as a result of that conviction1457
or, plea of guilty, or adjudication, the offender or delinquent1458
child is required, under the law of the jurisdiction in which the1459
offender was convicted or pleaded guilty or the delinquent child1460
was adjudicated, to register as a sex offender until the1461
offender's or delinquent child's death and to verify the1462
offender's or delinquent child's address on at least a quarterly1463
basis each year, and, on or after July 1, 1997, for offenders or1464
the effective date of this amendment for delinquent children the1465
offender or delinquent child moves to and resides in this state or1466
temporarily is domiciled in this state for more than seven days,1467
unless a court of common pleas or juvenile court determines that1468
the offender or delinquent child is not a sexual predator pursuant1469
to division (F) of section 2950.09 of the Revised Code.1470

       (H) "Sexually violent predator specification" and "sexually1471
violent offense" have the same meanings as in section 2971.01 of1472
the Revised Code.1473

       (I) "Post-release control sanction" and "transitional1474
control" have the same meanings as in section 2967.01 of the1475
Revised Code.1476

       (J) "Juvenile sex offender registrant" means a person who is1477
adjudicated a delinquent child for committing on or after the1478
effective date of this amendment a sexually oriented offense, who1479
is fourteen years of age or older at the time of committing the1480
offense, and who a juvenile court judge, pursuant to an order1481
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 of the1482
Revised Code, classifies as a juvenile sex offender registrant and1483
specifies has a duty to register under section 2950.04 of the1484
Revised Code.1485

       (K) "Secure facility" means any facility that is designed1486
and operated to ensure that all of its entrances and exits are1487
locked and under the exclusive control of its staff and to ensure1488
that, because of that exclusive control, no person who is1489
institutionalized or confined in the facility may leave the1490
facility without permission or supervision.1491

       (L) "Out-of-state juvenile sex offender registrant" means a1492
person who is adjudicated a delinquent child for committing a1493
sexually oriented offense in another state or in a federal court,1494
military court, or Indian tribal court, who on or after the1495
effective date of this amendment moves to and resides in this1496
state or temporarily is domiciled in this state for more than1497
seven days, and who under section 2950.04 of the Revised Code has1498
a duty to register in this state as described in that section.1499

       (M) "Juvenile court judge" includes a magistrate to whom the 1500
juvenile court judge confers duties pursuant to division (A)(15) 1501
of section 2151.23 of the Revised Code.1502

       Sec. 2950.02.  (A) The general assembly hereby determines1503
and declares that it recognizes and finds all of the following:1504

       (1) If the public is provided adequate notice and1505
information about sexual predators, habitual sex offenders, and1506
certain other offenders and delinquent children who commit1507
sexually oriented offenses, members of the public and communities1508
can develop constructive plans to prepare themselves and their1509
children for the sexual predator's, habitual sex offender's, or1510
other offender's or delinquent child's release from imprisonment,1511
a prison term, or other confinement or detention. This allows1512
members of the public and communities to meet with members of law1513
enforcement agencies to prepare and obtain information about the1514
rights and responsibilities of the public and the communities and1515
to provide education and counseling to their children.1516

       (2) Sexual predators and habitual sex offenders pose a high1517
risk of engaging in further offenses even after being released1518
from imprisonment, a prison term, or other confinement or1519
detention and that protection of members of the public from sexual1520
predators and habitual sex offenders is a paramount governmental1521
interest.1522

       (3) The penal,juvenile, and mental health components of the1523
justice system of this state are largely hidden from public view,1524
and a lack of information from eitherany component may result in1525
the failure of both systemsthe system to satisfy this paramount1526
governmental interest of public safety described in division1527
(A)(2) of this section.1528

       (4) Overly restrictive confidentiality and liability laws1529
governing the release of information about sexual predators and1530
habitual sex offenders have reduced the willingness to release1531
information that could be appropriately released under the public1532
disclosure laws and have increased risks of public safety.1533

       (5) A person who is found to be a sexual predator or a1534
habitual sex offender has a reduced expectation of privacy because1535
of the public's interest in public safety and in the effective1536
operation of government.1537

       (6) The release of information about sexual predators and1538
habitual sex offenders to public agencies and the general public1539
will further the governmental interests of public safety and1540
public scrutiny of the criminal,juvenile, and mental health1541
systems as long as the information released is rationally related1542
to the furtherance of those goals.1543

       (B) The general assembly hereby declares that, in providing1544
in this chapter for registration regarding sexual predators,1545
habitual sex offenders, and offenders and certain delinquent1546
children who have committed sexually oriented offenses and for1547
community notification regarding sexual predators and habitual sex1548
offenders who are about to be or have been released from1549
imprisonment, a prison term, or other confinement or detention and1550
who will live in or near a particular neighborhood or who1551
otherwise will live in or near a particular neighborhood, it is1552
the general assembly's intent to protect the safety and general1553
welfare of the people of this state. The general assembly further1554
declares that it is the policy of this state to require the1555
exchange in accordance with this chapter of relevant information1556
about sexual predators and habitual sex offenders among public1557
agencies and officials and to authorize the release in accordance1558
with this chapter of necessary and relevant information about1559
sexual predators and habitual sex offenders to members of the1560
general public as a means of assuring public protection and that1561
the exchange or release of that information is not punitive.1562

       Sec. 2950.03. (A) Each person who has been convicted of, is1563
convicted of, has pleaded guilty to, or pleads guilty to a1564
sexually oriented offense and who has a duty to register pursuant1565
to section 2950.04 of the Revised Code, and each person who is1566
adjudicated a delinquent child for committing a sexually oriented1567
offense and who is classified pursuant to section 2152.82 or1568
division (A) of section 2152.83 of the Revised Code a juvenile sex1569
offender registrant based on that adjudication, shall be provided1570
notice in accordance with this section of the offender's or1571
delinquent child's duty to register under that section 2950.04 of1572
the Revised Code, the offender's or delinquent child's duty to1573
provide notice of any change in the offender's or delinquent1574
child's residence address and to register the new residence1575
address pursuant to section 2950.05 of the Revised Code, and the1576
offender's or delinquent child's duty to periodically verify the1577
offender's or delinquent child's residence address pursuant to1578
section 2950.06 of the Revised Code. The following official shall1579
provide the notice to the offender or delinquent child at the1580
following time:1581

       (1) Regardless of when the offender committed the sexually1582
oriented offense, if the person is an offender who is sentenced1583
for the sexually oriented offense to a prison term, a term of1584
imprisonment, or any other type of confinement, and if, on or1585
after January 1, 1997, the offender is serving that term or is1586
under that confinement, the official in charge of the jail,1587
workhouse, state correctional institution, or other institution in1588
which the offender serves the prison term, term of imprisonment,1589
or confinement, or a designee of that official, shall provide the1590
notice to the offender before the offender is released pursuant to1591
any type of supervised release or before the offender otherwise is1592
released from the prison term, term of imprisonment, or1593
confinement.1594

       (2) Regardless of when the offender committed the sexually1595
oriented offense, if the person is an offender who is sentenced1596
for thatthe sexually oriented offense on or after January 1,1597
1997, and if division (A)(1) of this section does not apply, the1598
judge shall provide the notice to the offender at the time of1599
sentencing.1600

       (3) If the person is an offender who committed the sexually1601
oriented offense prior to January 1, 1997, if neither division1602
(A)(1) nor division (A)(2) of this section applies, and if,1603
immediately prior to January 1, 1997, the offender was a habitual1604
sex offender who was required to register under Chapter 2950. of1605
the Revised Code, the chief of police or sheriff with whom the1606
offender most recently registered under that chapter, in the1607
circumstances described in this division, shall provide the notice1608
to the offender. If the offender has registered with a chief of1609
police or sheriff under Chapter 2950. of the Revised Code as it1610
existed prior to January 1, 1997, the chief of police or sheriff1611
with whom the offender most recently registered shall provide the1612
notice to the offender as soon as possible after January 1, 1997,1613
as described in division (B)(1) of this section. If the offender1614
has not registered with a chief of police or sheriff under that1615
chapter, the failure to register shall constitute a waiver by the1616
offender of any right to notice under this section. If an1617
offender described in this division does not receive notice under1618
this section, the offender is not relieved of the duty to1619
register, the duty to provide notice of any change in residence1620
address and to register the new residence address, and the duty to1621
periodically verify the residence address, as described in1622
division (A) of this section.1623

       (4) If the offenderperson is an offender of the type1624
described in division (A)(1) of this section and if, subsequent to1625
release, the offender is adjudicated as being a sexual predator1626
pursuant to division (C) of section 2950.09 of the Revised Code,1627
the judge shall provide the notice to the offender at the time of1628
adjudication.1629

       (5) If the person is a delinquent child who is classified1630
pursuant to section 2152.82 or division (A) of section 2152.83 of1631
the Revised Code a juvenile sex offender registrant, the judge1632
shall provide the notice to the delinquent child at the time of1633
the classification.1634

       (B)(1) The notice provided under division (A) of this1635
section shall inform the offender or delinquent child of the1636
offender's duty to register under section 2950.04 of the Revised1637
Code, to notify the appropriate officials of a change in the1638
offender's or delinquent child's residence address and to register1639
the new residence address in accordance with section 2950.05 of1640
the Revised Code, and to periodically verify a residence address1641
under section 2950.06 of the Revised Code. The notice shall1642
comport with the following:1643

       (a) If the notice is provided to an offender under division1644
(A)(3) of this section, the notice shall be on a form that is1645
prescribed by the bureau of criminal identification and1646
investigation and that states the offender's duties to register,1647
to register a new residence address, and to periodically verify a1648
residence address and that, if the offender has any questions1649
concerning these duties, the offender may contact the chief of1650
police or sheriff who sent the form for an explanation of the1651
duties. If the offender appears in person before the chief of1652
police or sheriff, the chief or sheriff shall provide the notice1653
as described in division (B)(1)(a) of this section, and all1654
provisions of this section that apply regarding a notice provided1655
by an official, official's designee, or judge in that manner shall1656
be applicable.1657

       (b) If the notice is provided to an offender under division1658
(A)(1), (2), or (4) of this section, the official, official's1659
designee, or judge shall require the offender to read and sign a1660
form prescribed by the bureau of criminal identification and1661
investigation, stating that the offender's duties to register, to1662
register a new residence address, and to periodically verify a1663
residence address have been explained to the offender. If the1664
offender is unable to read, the official, official's designee, or1665
judge shall certify on the form that the official, designee, or1666
judge specifically informed the offender of those duties and that1667
the offender indicated an understanding of those duties.1668

       (c) If the notice is provided to a delinquent child under1669
division (A)(5) of this section, the judge shall require the1670
delinquent child and the delinquent child's parent, guardian, or1671
custodian to read and sign a form prescribed by the bureau of1672
criminal identification and investigation, stating that the1673
delinquent child's duties to register, to register a new residence1674
address, and to periodically verify a residence address have been1675
explained to the delinquent child and to the delinquent child's1676
parent, guardian, or custodian. If the delinquent child or the1677
delinquent child's parent, guardian, or custodian is unable to1678
read, the judge shall certify on the form that the judge1679
specifically informed the delinquent child or the delinquent1680
child's parent, guardian, or custodian of those duties and that1681
the delinquent child or the delinquent child's parent, guardian,1682
or custodian indicated an understanding of those duties.1683

       (d) For any notice provided under division (A) of this1684
section, the form used shall contain all of the information1685
required by the bureau of criminal identification and1686
investigation, including, but not limited to, a statement that the1687
subject delinquent child if applicable has been classified by the1688
adjudicating juvenile court judge or the judge's successor in1689
office a juvenile sex offender registrant and has a duty to1690
register, a statement as to whether the offender or delinquent1691
child has been adjudicated as being a sexual predator relative to1692
the sexually oriented offense in question, a statement as to1693
whether the offender or delinquent child has been determined to be1694
a habitual sex offender, an explanation of the periodic residence1695
address verification process and of the frequency with which the1696
offender or delinquent child will be required to verify the1697
residence address under that process, and a statement that the1698
offender or delinquent child must verify the residence address at1699
the times specified under that process or face criminal1700
prosecution or a delinquent child proceeding.1701

       (d)(e) If the notice is provided under division (A)(4) of1702
this section, in addition to all other information contained on1703
it, the form also shall include a statement that the notice1704
replaces any notice previously provided to the offender under1705
division (A)(1) of this section, a statement that the offender's1706
duties described in this notice supersede the duties described in1707
the prior notice, and a statement notifying the offender that, if1708
the offender already has registered under section 2950.04 of the1709
Revised Code, the offender must register again pursuant to1710
division (A)(6) of that section.1711

       (f) If the notice is provided under division (A)(5) of this1712
section, the form, in addition to all other information contained1713
on it, shall inform the delinquent child and the delinquent1714
child's parent, guardian, or custodian that, if the delinquent1715
child fails to comply with the requirements of sections 2950.04,1716
2950.05, and 2950.06 of the Revised Code, both of the following1717
apply:1718

       (i) If the delinquent child's failure occurs while the child1719
is under eighteen years of age, the child is subject to1720
proceedings under Chapter 2152. of the Revised Code based on the1721
failure, but if the failure occurs while the child is eighteen1722
years of age or older, the child is subject to criminal1723
prosecution based on the failure.1724

       (ii) If the delinquent child's failure occurs while the1725
child is under eighteen years of age, unless the child is1726
emancipated, as defined in section 2919.121 of the Revised Code,1727
the failure of the parent, guardian, or custodian to ensure that1728
the child complies with those requirements is a violation of1729
section 2919.24 of the Revised Code and may result in the1730
prosecution of the parent, guardian, or custodian for that1731
violation.1732

       (2)(a) After an offender described in division (A)(1), (2),1733
or (4) of this section has signed the form described in division1734
(B)(1) of this section or the official, official's designee, or1735
judge has certified on itthe form that itthe form has been1736
explained to the offender and that the offender indicated an1737
understanding of the duties indicated on it, the official,1738
official's designee, or judge shall give one copy of the form to1739
the offender, within three days shall send one copy of the form to1740
the bureau of criminal identification and investigation in1741
accordance with the procedures adopted pursuant to section 2950.131742
of the Revised Code, and shall send one copy of the form to the1743
sheriff of the county in which the offender expects to reside.1744
After1745

       (b) After a chief of police or sheriff has sent a form to an1746
offender under division (A)(3) of this section, the chief or1747
sheriff shall send a copy of the form to the bureau of criminal1748
identification and investigation in accordance with the procedures1749
adopted pursuant to section 2950.13 of the Revised Code.1750

       (c) After a delinquent child described in division (A)(5) of1751
this section and the delinquent child's parent, guardian, or1752
custodian have signed the form described in division (B)(1) of1753
this section or the judge has certified on the form that the form1754
has been explained to the delinquent child or the delinquent1755
child's parent, guardian, or custodian and that the delinquent1756
child or the delinquent child's parent, guardian, or custodian1757
indicated an understanding of the duties and information indicated1758
on the form, the judge shall give a copy of the form to both the1759
delinquent child and to the delinquent child's parent, guardian,1760
or custodian, within three days shall send one copy of the form to1761
the bureau of criminal identification and investigation in1762
accordance with the procedures adopted pursuant to section 2950.131763
of the Revised Code, and shall send one copy of the form to the1764
sheriff of the county in which the delinquent child expects to1765
reside.1766

       (C) The official, official's designee, judge, chief of1767
police, or sheriff who is required to provide notice to an1768
offender or delinquent child under division (A) of this section1769
shall do all of the following:1770

       (1) If the notice is provided under division (A)(1), (2), or1771
(4), or (5) of this section, the official, designee, or judge1772
shall determine the offender's or delinquent child's name,1773
identifying factors, and expected future residence address, shall1774
obtain the offender's or delinquent child's criminal and1775
delinquency history, and shall obtain a photograph and the1776
fingerprints of the offender or delinquent child. If the notice1777
is provided by a judge under division (A)(2) or, (4), or (5) of1778
this section, the sheriff shall provide the offender's or1779
delinquent child's criminal and delinquency history to the judge.1780
The official, official's designee, or judge shall obtain this1781
information and these items prior to giving the notice, except1782
that a judge may give the notice prior to obtaining the offender's1783
or delinquent child's criminal and delinquency history. Within1784
three days after receiving this information and these items, the1785
official, official's designee, or judge shall forward the1786
information and items to the bureau of criminal identification and1787
investigation in accordance with the forwarding procedures adopted1788
pursuant to section 2950.13 of the Revised Code and to the sheriff1789
of the county in which the offender or delinquent child expects to1790
reside. If the notice is provided under division (A)(5) of this1791
section and if the delinquent child has been committed to the1792
department of youth services or to a secure facility, the judge,1793
in addition to the other information and items described in this1794
division, also shall forward to the bureau and to the sheriff1795
notification that the child has been so committed. If it has not1796
already done so, the bureau of criminal identification and1797
investigation shall forward a copy of the fingerprints and1798
conviction data received under this division to the federal bureau1799
of investigation.1800

       (2) If the notice is provided under division (A)(3) of this1801
section, the chief of police or sheriff shall determine the1802
offender's name, identifying factors, and residence address, shall1803
obtain the offender's criminal history from the bureau of criminal1804
identification and investigation, and, to the extent possible,1805
shall obtain a photograph and the fingerprints of the offender.1806
Within three days after receiving this information and these1807
items, the chief or sheriff shall forward the information and1808
items to the bureau of criminal identification and investigation1809
in accordance with the forwarding procedures adopted pursuant to1810
section 2950.13 of the Revised Code and, in relation to a chief of1811
police, to the sheriff of the county in which the offender1812
resides. If it has not already done so, the bureau of criminal1813
identification and investigation shall forward a copy of the1814
fingerprints and conviction data so received to the federal bureau1815
of investigation.1816

       Sec. 2950.04. (A)(1) Each of the following types of offender1817
who is convicted of or pleads guilty to, or has been convicted of1818
or pleaded guilty to, a sexually oriented offense and who is1819
described in division (A)(1), (2), or (3) of this section shall1820
register personally with the sheriff of the following applicable1821
described county and at the following timewithin seven days of1822
the offender's coming into a county in which the offender resides1823
or temporarily is domiciled for more than seven days:1824

       (1)(a) Regardless of when the sexually oriented offense was1825
committed, if thean offender who is sentenced for the sexually1826
oriented offense to a prison term, a term of imprisonment, or any1827
other type of confinement and if, on or after July 1, 1997, the1828
offender is released in any manner from the prison term, term of1829
imprisonment, or confinement, within seven days of the offender's1830
coming into any county in which the offender resides or1831
temporarily is domiciled for more than seven days, the offender1832
shall register with the sheriff of that county.;1833

       (2)(b) Regardless of when the sexually oriented offense was1834
committed, if thean offender who is sentenced for a sexually1835
oriented offense on or after July 1, 1997, and ifto whom division1836
(A)(1)(a) of this section does not apply, within seven days of the1837
offender's coming into any county in which the offender resides or1838
temporarily is domiciled for more than seven days, the offender1839
shall register with the sheriff of that county.;1840

       (3)(c) If the sexually oriented offense was committed prior1841
to July 1, 1997, ifand neither division (A)(1)(a) nor division1842
(A)(2)(1)(b) of this section applies, and ifan offender who,1843
immediately prior to July 1, 1997, the offender was a habitual sex1844
offender who was required to register under Chapter 2950. of the1845
Revised Code, within seven days of the offender's coming into any1846
county in which the offender resides or temporarily is domiciled1847
for more than seven days, the offender shall register with the1848
sheriff of that county.1849

       (2) Each child who is adjudicated a delinquent child for1850
committing a sexually oriented offense, who is classified a1851
juvenile sex offender registrant based on that adjudication, and1852
who is described in division (A)(2) of this section shall register1853
personally with the sheriff of the county within seven days of the1854
delinquent child's coming into a county in which the delinquent1855
child resides or temporarily is domiciled for more than seven1856
days.If the delinquent child is committed for the sexually1857
oriented offense to the department of youth services or to a1858
secure facility that is not operated by the department, this duty1859
begins when the delinquent child is discharged or released in any1860
manner from custody in a department of youth services secure1861
facility or from the secure facility that is not operated by the1862
department, if pursuant to the discharge or release the delinquent1863
child is not committed to any other secure facility of the1864
department or any other secure facility. The delinquent child does1865
not have a duty to register under this division while the child is1866
in a department of youth services secure facility or in a secure1867
facility that is not operated by the department.1868

       (4)(3) If divisions (A)(1) and (2) of this section do not1869
apply, each following type of offender and each following type of1870
delinquent child shall register personally with the sheriff of the1871
county within seven days of the offender's or delinquent child's1872
coming into a county in which the offender or delinquent child1873
resides or temporarily is domiciled for more than seven days:1874

       (a) Regardless of when the sexually oriented offense was1875
committed, if divisions (A)(1), (2), and (3) of this section do1876
not apply, if the offendera person who is convicted of or, pleads1877
guilty to, or is adjudicated a delinquent child for committing a1878
sexually oriented offense in another state or in a federal court,1879
military court, or an Indian tribal court, if, on or after July 1,1880
1997, for offenders, or the effective date of this amendment for1881
delinquent children, the offender or delinquent child moves to and1882
resides in this state or temporarily is domiciled in this state1883
for more than seven days, and if, at the time the offender or1884
delinquent child moves to and resides in this state or temporarily1885
is domiciled in this state for more than seven days, the offender1886
or delinquent child has a duty to register as a sex offender under1887
the law of that other jurisdiction as a result of the conviction1888
or, guilty plea, within seven days of the offender's coming into1889
any county in which the offender resides or temporarily is1890
domiciled for more than seven days, the offender shall register1891
with the sheriff of that countyor adjudication.1892

       (5)(b) Regardless of when the sexually oriented offense was1893
committed, if divisions (A)(1), (2), and (3) of this section do1894
not apply, if the offendera person who is convicted of or, pleads1895
guilty to, or is adjudicated a delinquent child for committing a1896
sexually oriented offense in another state or in a federal court,1897
military court, or an Indian tribal court, if, on or after July 1,1898
1997, for offenders, or the effective date of this amendment for1899
delinquent children, the offender or delinquent child is released1900
from imprisonment or, confinement, or detention imposed for that1901
offense, and if, on or after July 1, 1997, for offenders, or the1902
effective date of this amendment for delinquent children, the1903
offender or delinquent child moves to and resides in this state or1904
temporarily is domiciled in this state for more than seven days,1905
within seven days of the offender's coming into any county in1906
which the offender resides or temporarily is domiciled for more1907
than seven days the offender shall register with the sheriff of1908
that county. The duty to register as described in this division1909
applies to an offender regardless of whether the offender, at the1910
time of moving to and residing in this state or temporarily being1911
domiciled in this state for more than seven days, has a duty to1912
register as a sex offender under the law of the jurisdiction in1913
which the conviction or guilty plea occurred. The duty to register1914
as described in this division applies to a delinquent child only1915
if the delinquent child, at the time of moving to and residing in1916
this state or temporarily being domiciled in this state for more1917
than seven days, has a duty to register as a sex offender under1918
the law of the jurisdiction in which the delinquent child1919
adjudication occurred or if, had the delinquent child adjudication1920
occurred in this state, the adjudicating juvenile court judge1921
would have been required to issue an order classifying the1922
delinquent child as a juvenile sex offender registrant pursuant to1923
section 2152.82 or division (A) of section 2152.83 of the Revised1924
Code.1925

       (6)(4) If division (A)(1)(a) of this section applies and if,1926
subsequent to the offender's release, the offender is adjudicated1927
to be a sexual predator under division (C) of section 2950.09 of1928
the Revised Code, the offender shall register within seven days of1929
the adjudication with the sheriff of the county in which the1930
offender resides or temporarily is domiciled for more than seven1931
days and shall register with the sheriff of any county in which1932
the offender subsequently resides or temporarily is domiciled for1933
more than seven days within seven days of coming into that county.1934

       (5) A person who is adjudicated a delinquent child for1935
committing a sexually oriented offense is not required to register1936
under division (A)(2) of this section unless the delinquent child1937
committed the offense on or after the effective date of this1938
amendment, is classified a juvenile sex offender registrant by a1939
juvenile court judge pursuant to an order issued under section1940
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based1941
on that adjudication, and has a duty to register pursuant to1942
division (A)(2) of this section.1943

       (B) An offender or delinquent child who is required by1944
division (A) of this section to register personally shall obtain1945
from the sheriff or from a designee of the sheriff a registration1946
form that conforms to division (C) of this section, shall complete1947
and sign the form, and shall return the completed form together1948
with the offender's or delinquent child's photograph to the1949
sheriff or the designee. The sheriff or designee shall sign the1950
form and indicate on the form the date on which it is so returned.1951
The registration required under this division is complete when the1952
offender or delinquent child returns the form, containing the1953
requisite information, photograph, signatures, and date, to the1954
sheriff or designee.1955

       (C) The registration form to be used under divisions (A) and1956
(B) of this section shall contain the current residence address of1957
the offender or delinquent child who is registering, the name and1958
address of the offender's or delinquent child's employer, if the1959
offender or delinquent child is employed at the time of1960
registration or if the offender or delinquent child knows at the1961
time of registration that the offender or delinquent child will be1962
commencing employment with that employer subsequent to1963
registration, and any other information required by the bureau of1964
criminal identification and investigation and shall include the1965
offender's or delinquent child's photograph. Additionally, if the1966
offender or delinquent child has been adjudicated as being a1967
sexual predator relative to the sexually oriented offense in1968
question and the court has not subsequently determined pursuant to1969
division (D) of section 2950.09, section 2152.84, or section1970
2152.85 of the Revised Code that the offender or delinquent child1971
no longer is a sexual predator or if the sentencing judge1972
determined pursuant to division (C) of section 2950.09, division1973
(B) of section 2152.83, section 2152.84, or section 2152.85 of the1974
Revised Code that the offender or delinquent child is a habitual1975
sex offender, and the determination has not been removed pursuant1976
to section 2152.84 or 2152.85 of the Revised Code, the offender or1977
delinquent child shall include on the signed, written registration1978
form all of the following information:1979

       (1) A specific declaration that the person has been1980
adjudicated as being a sexual predator or has been determined to1981
be a habitual sex offender, whichever is applicable;1982

       (2) If the offender or delinquent child has been adjudicated1983
as being a sexual predator, the identification license plate1984
number of each motor vehicle the offender or delinquent child owns1985
and of each motor vehicle registered in the offender's or1986
delinquent child's name.1987

       (D) After an offender or delinquent child registers with a1988
sheriff pursuant to this section, the sheriff shall forward the1989
signed, written registration form and photograph to the bureau of1990
criminal identification and investigation in accordance with the1991
forwarding procedures adopted pursuant to section 2950.13 of the1992
Revised Code. The bureau shall include the information and1993
materials forwarded to it under this division in the state1994
registry of sex offenders established and maintained under section1995
2950.13 of the Revised Code.1996

       (E) No person who is required to register pursuant to1997
divisions (A) and (B) of this section shall fail to register as1998
required in accordance with those divisions or that division.1999

       (F) An offender or delinquent child who is required to2000
register pursuant to divisions (A) and (B) of this section shall2001
register pursuant to this section for the period of time specified2002
in section 2950.07 of the Revised Code.2003

       Sec. 2950.05.  (A) If an offender or delinquent child is2004
required to register pursuant to section 2950.04 of the Revised2005
Code, the offender or delinquent child, at least seven days prior2006
to changing the offender's or delinquent child's residence address2007
during the period during which the offender or delinquent child is2008
required to register, shall provide written notice of the2009
residence address change to the sheriff with whom the offender or2010
delinquent child most recently registered under section 2950.04 of2011
the Revised Code or under division (B) of this section.2012

       (B) If an offender or delinquent child is required to2013
provide notice of a residence address change under division (A) of2014
this section, the offender or delinquent child, at least seven2015
days prior to changing the residence address, also shall register2016
the new residence address in the manner described in divisions (B)2017
and (C) of section 2950.04 of the Revised Code with the sheriff of2018
the county in which the offender's or delinquent child's new2019
residence address is located, subject to division (C) of this2020
section.2021

       (C) Divisions (A) and (B) of this section apply to a person2022
who is required to register pursuant to section 2950.04 of the2023
Revised Code regardless of whether the new residence address is in2024
this state or in another state. If the new residence address is2025
in another state, the person shall register with the appropriate2026
law enforcement officials in that state in the manner required2027
under the law of that state and within the earlier of the period2028
of time required under the law of that state or at least seven2029
days prior to changing the residence address.2030

       (D)(1) Upon receiving from an offender or delinquent child2031
pursuant to division (A) of this section notice of a change of the2032
offender's or delinquent child's residence address, a sheriff2033
promptly shall forward the new residence address to the bureau of2034
criminal identification and investigation in accordance with the2035
forwarding procedures adopted pursuant to section 2950.13 of the2036
Revised Code if the new residence address is in another state or,2037
if the offender's or delinquent child's new residence address is2038
located in another county in this state, to the sheriff of that2039
county. The bureau shall include all information forwarded to it2040
under this division in the state registry of sex offenders2041
established and maintained under section 2950.13 of the Revised2042
Code and shall forward notice of the offender's or delinquent2043
child's new residence address to the appropriate officials in the2044
other state.2045

       (2) When an offender or delinquent child registers a new2046
residence address pursuant to division (B) of this section, the2047
sheriff with whom the offender or delinquent child registers and2048
the bureau of criminal identification and investigation shall2049
comply with division (D) of section 2950.04 of the Revised Code.2050

       (E)(1) No person who is required to notify a sheriff of a2051
change of address pursuant to division (A) of this section shall2052
fail to notify the appropriate sheriff in accordance with that2053
division.2054

       (2) No person who is required to register a new residence2055
address with a sheriff or with an official of another state2056
pursuant to divisions (B) and (C) of this section shall fail to2057
register with the appropriate sheriff or official of the other2058
state in accordance with those divisions.2059

       (F) An offender or delinquent child who is required to2060
comply with divisions (A), (B), and (C) of this section shall do2061
so for the period of time specified in section 2950.07 of the2062
Revised Code.2063

       Sec. 2950.06.  (A) An offender or delinquent child who is2064
required to register pursuant to section 2950.04 of the Revised2065
Code shall periodically verify the offender's or delinquent2066
child's current residence address in accordance with this section.2067
The frequency of verification shall be determined in accordance2068
with division (B) of this section, and the manner of verification2069
shall be determined in accordance with division (C) of this2070
section.2071

       (B) The frequency with which an offender or delinquent child2072
must verify the offender's or delinquent child's current residence2073
address pursuant to division (A) of this section shall be2074
determined as follows:2075

       (1) Regardless of when the sexually oriented offense for2076
which the offender or delinquent child is required to register was2077
committed, if the offender or delinquent child has been2078
adjudicated as being a sexual predator relative to the sexually2079
oriented offense and if the court has not subsequently entered a2080
determination pursuant to division (D) of section 2950.09, section2081
2152.84, or section 2152.85 of the Revised Code that the offender2082
or delinquent child no longer is a sexual predator, the offender2083
or delinquent child shall verify the offender's or delinquent2084
child's current residence address in accordance with division (C)2085
of this section every ninety days after the offender's or2086
delinquent child's initial registration date during the period the2087
offender or delinquent child is required to register.2088

       (2) In all circumstances not described in division (B)(1) of2089
this section, the offender or delinquent child shall verify the2090
offender's or delinquent child's current residence address in2091
accordance with division (C) of this section on each anniversary2092
of the offender's or delinquent child's initial registration date2093
during the period the offender or delinquent child is required to2094
register.2095

       (C)(1) An offender or delinquent child who is required to2096
verify the offender's or delinquent child's current residence2097
address pursuant to division (A) of this section shall verify the2098
address with the sheriff with whom the offender or delinquent2099
child most recently registered by personally appearing before the2100
sheriff or a designee of the sheriff, no earlier than ten days2101
before the date on which the verification is required pursuant to2102
division (B) of this section and no later than the date so2103
required for verification, and completing and signing a copy of2104
the verification form prescribed by the bureau of criminal2105
identification and investigation. The sheriff or designee shall2106
sign the completed form and indicate on the form the date on which2107
it is so completed. The verification required under this division2108
is complete when the offender or delinquent child personally2109
appears before the sheriff or designee and completes and signs the2110
form as described in this division.2111

       (2) To facilitate the verification of an offender's or2112
delinquent child's current residence address under division (C)(1)2113
of this section, the sheriff with whom the offender or delinquent2114
child most recently registered may mail a nonforwardable2115
verification form prescribed by the bureau of criminal2116
identification and investigation to the offender's or delinquent2117
child's last reported address and to the last reported address of2118
the parents of the delinquent child, with a notice that2119
conspicuously states that the offender or delinquent child must2120
personally appear before the sheriff or a designee of the sheriff2121
to complete the form and the date by which the form must be so2122
completed. Regardless of whether a sheriff mails a form to an2123
offender or delinquent child and that child's parents, each2124
offender or delinquent child who is required to verify the2125
offender's or delinquent child's current residence address2126
pursuant to division (A) of this section shall personally appear2127
before the sheriff or a designee of the sheriff to verify the2128
address in accordance with division (C)(1) of this section.2129

       (D) The verification form to be used under division (C) of2130
this section shall contain the current residence address of the2131
offender or delinquent child, the name and address of the2132
offender's or delinquent child's employer if the offender or2133
delinquent child is employed at the time of verification or if the2134
offender or delinquent child knows at the time of verification2135
that the offender or delinquent child will be commencing2136
employment with that employer subsequent to verification, and any2137
other information required by the bureau of criminal2138
identification and investigation.2139

       (E) Upon an offender's or delinquent child's personal2140
appearance and completion of a verification form under division2141
(C) of this section, a sheriff promptly shall forward a copy of2142
the verification form to the bureau of criminal identification and2143
investigation in accordance with the forwarding procedures adopted2144
by the attorney general pursuant to section 2950.13 of the Revised2145
Code. The bureau shall include all information forwarded to it2146
under this division in the state registry of sex offenders2147
established and maintained under section 2950.13 of the Revised2148
Code.2149

       (F) No person who is required to verify a current residence2150
address pursuant to divisions (A) to (C) of this section shall2151
fail to verify a current residence address in accordance with2152
those divisions by the date required for the verification as set2153
forth in division (B) of this section, provided that no person2154
shall be prosecuted or subjected to a delinquent child proceeding2155
for a violation of this division, and that no parent, guardian, or2156
custodian of a delinquent child shall be prosecuted for a2157
violation of section 2919.24 of the Revised Code based on the2158
delinquent child's violation of this division, prior to the2159
expiration of the period of time specified in division (G) of this2160
section.2161

       (G)(1) If an offender or delinquent child fails to verify a2162
current residence address as required by divisions (A) to (C) of2163
this section by the date required for the verification as set2164
forth in division (B) of this section, the sheriff with whom the2165
offender or delinquent child is required to verify the current2166
residence address, on the day following that date required for the2167
verification, shall send a written warning to the offender or to2168
the delinquent child and that child's parents, at the offender's2169
or delinquent child's and that child's parents last known2170
residence address, regarding the offender's or delinquent child's2171
duty to verify the offender's or delinquent child's current2172
residence address. The2173

       The written warning shall identifydo all of the following:2174

       (a) Identify the sheriff who sends it and the date on which2175
it is sent and shall state;2176

       (b) State conspicuously that the offender or delinquent2177
child has failed to verify the offender's or delinquent child's2178
current residence address by the date required for the2179
verification,;2180

       (c) Conspicuously state that the offender or delinquent2181
child has seven days from the date on which the warning is sent to2182
verify the current residence address with the sheriff who sent the2183
warning,;2184

       (d) Conspicuously state that a failure to timely verify the2185
current residence address is a felony offense,;2186

       (e) Conspicuously state that, if the offender or delinquent2187
child verifies the current residence address with that sheriff2188
within that seven-day-period, the offender or delinquent child2189
will not be prosecuted or subjected to a delinquent child2190
proceeding for a failure to timely verify a current residence2191
address, and the delinquent child's parent, guardian, or custodian2192
will not be prosecuted based on a failure of the delinquent child2193
to timely verify an address;2194

       (f) Conspicuously state that, if the offender or delinquent2195
child does not verify the current residence address with that2196
sheriff within that seven-day-period, the offender or delinquent2197
child will be arrested or taken into custody, as appropriate, and2198
prosecuted or subjected to a delinquent child proceeding for a2199
failure to timely verify a current residence address and the2200
delinquent child's parent, guardian, or custodian may be2201
prosecuted for a violation of section 2919.24 of the Revised Code2202
based on the delinquent child's failure to timely verify a current2203
residence address.2204

       (2) If an offender or delinquent child fails to verify a2205
current residence address as required by divisions (A) to (C) of2206
this section by the date required for the verification as set2207
forth in division (B) of this section, the offender or delinquent2208
child shall not be prosecuted or subjected to a delinquent child2209
proceeding for a violation of division (F) of this section, and2210
the delinquent child's parent, guardian, or custodian shall not be2211
prosecuted for a violation of section 2919.24 of the Revised Code2212
based on the delinquent child's failure to timely verify a current2213
residence address, unless the seven-day-period subsequent to that2214
date that the offender or delinquent child is provided under2215
division (G)(1) of this section to verify the current residence2216
address has expired and the offender or delinquent child, prior to2217
the expiration of that seven-day-period, has not verified the2218
current residence address. Upon the expiration of the2219
seven-day-period that the offender or delinquent child is provided2220
under division (G)(1) of this section to verify the current2221
residence address has expired, if the offender or delinquent child2222
has not verified the current residence address, all of the2223
following apply:2224

       (a) The sheriff with whom the offender or delinquent child2225
is required to verify the current residence address promptly shall2226
notify the bureau of criminal identification and investigation of2227
the failure.2228

       (b) The sheriff with whom the offender or delinquent child2229
is required to verify the current residence address, the sheriff2230
of the county in which the offender or delinquent child resides,2231
or a deputy of the appropriate sheriff, shall locate the offender2232
or delinquent child, promptly shall seek a warrant for the arrest2233
or taking into custody, as appropriate, of the offender or2234
delinquent child for the violation of division (F) of this section2235
and shall arrest the offender or take the child into custody, as2236
appropriate.2237

       (c) The offender or delinquent child is subject to2238
prosecution or a delinquent child proceeding for the violation of2239
division (F) of this section, and the delinquent child's parent,2240
guardian, or custodian may be subject to prosecution for a2241
violation of section 2919.24 of the Revised Code based on the2242
delinquent child's violation of that division.2243

       (H) A person who is required to verify the person's current2244
residence address pursuant to divisions (A) to (C) of this section2245
shall do so for the period of time specified in section 2950.07 of2246
the Revised Code.2247

       Sec. 2950.07.  (A) The duty of an offender who is convicted2248
of or pleads guilty to, or has been convicted of or pleaded guilty2249
to, a sexually oriented offense and the duty of a delinquent child2250
who is adjudicated a delinquent child for committing a sexually2251
oriented offense and is classified a juvenile sex offender2252
registrant or who is an out-of-state juvenile sex offender2253
registrant to comply with sections 2950.04, 2950.05, and 2950.062254
of the Revised Code commences on whichever of the following dates2255
is applicable:2256

       (1) If the offender's duty to register is imposed pursuant2257
to division (A)(1)(a) of section 2950.04 of the Revised Code, the2258
offender's duty to comply with those sections commences on the2259
date of the offender's release from a prison term, a term of2260
imprisonment, or any other type of confinement or on July 1, 1997,2261
whichever is later.2262

       (2) If the offender's duty to register is imposed pursuant2263
to division (A)(2)(1)(b) of section 2950.04 of the Revised Code,2264
the offender's duty to comply with those sections commences on the2265
date of entry of the judgment of conviction of the sexually2266
oriented offense or on July 1, 1997, whichever is later.2267

       (3) If the offender's duty to register is imposed pursuant2268
to division (A)(3)(1)(c) of section 2950.04 of the Revised Code,2269
the offender's duty to comply with those sections commences2270
fourteen days after July 1, 1997.2271

       (4) If the offender's or delinquent child's duty to register2272
is imposed pursuant to division (A)(4) or (5)(3)(a) or (b) of2273
section 2950.04 of the Revised Code, the offender's duty to comply2274
with those sections commences on the effective date of this2275
amendmentMarch30, 1999, or on the date that the offender begins2276
to reside or becomes temporarily domiciled in this state,2277
whichever is later, and the delinquent child's duty commences on2278
the effective date of this amendment or on the date the delinquent2279
child begins to reside or becomes temporarily domiciled in this2280
state, whichever is later.2281

       (5) If the delinquent child's duty to register is imposed2282
pursuant to division (A)(2) of section 2950.04 of the Revised2283
Code, if the delinquent child's classification as a juvenile sex2284
offender registrant is made at the time of the child's disposition2285
for that sexually oriented offense, and if the delinquent child is2286
committed for the sexually oriented offense to the department of2287
youth services or to a secure facility that is not operated by the2288
department, the delinquent child's duty to comply with those2289
sections commences on the date of the delinquent child's discharge2290
or release from custody in the department of youth services secure2291
facility or from the secure facility not operated by the2292
department as described in that division.2293

       (6) If the delinquent child's duty to register is imposed2294
pursuant to division (A)(2) of section 2950.04 of the Revised Code2295
and if either the delinquent child's classification as a juvenile2296
sex offender registrant is made at the time of the child's2297
disposition for that sexually oriented offense and the delinquent2298
child is not committed for the sexually oriented offense to the2299
department of youth services or to a secure facility that is not2300
operated by the department or the child's classification as a2301
juvenile sex offender registrant is made pursuant to sections2302
2152.83 of the Revised Code, the delinquent child's duty to comply2303
with those sections commences on the date of entry of the court's2304
order that classifies the delinquent child a juvenile sex offender2305
registrant.2306

       (B) The duty of an offender who is convicted of or pleads2307
guilty to, or has been convicted of or pleadspleaded guilty to, a2308
sexually oriented offense and the duty of a delinquent child who2309
is adjudicated a delinquent child for committing a sexually2310
oriented offense and is classified a juvenile sex offender2311
registrant or who is an out-of-state juvenile sex offender2312
registrant to comply with sections 2950.04, 2950.05, and 2950.062313
of the Revised Code continues, after the date of commencement, for2314
whichever of the following periods is applicable:2315

       (1) Except as otherwise provided in this division, if the2316
offender or delinquent child has been adjudicated as being a2317
sexual predator relative to the sexually oriented offense, the2318
offender's or delinquent child's duty to comply with those2319
sections continues until the offender's or delinquent child's2320
death. If the judge who sentenced the offender or made the2321
disposition for the delinquent child or that judge's successor in2322
office subsequently enters a determination pursuant to division2323
(D) of section 2950.09 or pursuant to section 2152.84 or 2152.852324
of the Revised Code that the offender or delinquent child no2325
longer is a sexual predator, the offender's or delinquent child's2326
duty to comply with those sections continues for the period of2327
time that otherwise would have been applicable to the offender or2328
delinquent child under division (B)(2) or (3) of this section.2329

       (2) If the judge who sentenced the offender or made the2330
disposition for the delinquent child for committing the sexually2331
oriented offense, or the successor in office of the juvenile court2332
judge who made the delinquent child disposition, determined2333
pursuant to division (E) of section 2950.09 or pursuant to2334
division (B) of section 2152.83, section 2152.84, or section2335
2152.85 of the Revised Code that the offender or delinquent child2336
is a habitual sex offender, the offender's or delinquent child's2337
duty to comply with those sections continues for twenty years. If2338
a delinquent child is determined pursuant to division (E) of2339
section 2950.09 or pursuant to division (B) of section 2152.83,2340
section 2152.84, or section 2152.85 of the Revised Code to be a2341
habitual sex offender and if the judge who made the disposition2342
for the delinquent child or that judge's successor in office2343
subsequently enters a determination pursuant to section 2152.84 or2344
2152.85 of the Revised Code that the delinquent child no longer is2345
a habitual sex offender but remains a juvenile sex offender2346
registrant, the delinquent child's duty to comply with those2347
sections continues for the period of time that otherwise would2348
have been applicable to the delinquent child under division (B)(3)2349
of this section.2350

       (3) If neither division (B)(1) nor (B)(2) of this section2351
applies, the offender's or delinquent child's duty to comply with2352
those sections continues for ten years. If a delinquent child is2353
classified pursuant to section 2152.82 or 2152.83 of the Revised2354
Code a juvenile sex offender registrant and if the judge who made2355
the disposition for the delinquent child or that judge's successor2356
in office subsequently enters a determination pursuant to section2357
2152.84 or 2152.85 of the Revised Code that the delinquent child2358
no longer is to be classified a juvenile sex offender registrant,2359
the delinquent child's duty to comply with those sections2360
terminates upon the court's entry of the determination.2361

       (C)(1) If an offender has been convicted of or pleaded2362
guilty to a sexually oriented offense or a delinquent child has2363
been adjudicated a delinquent child for committing a sexually2364
oriented offense and is classified a juvenile sex offender2365
registrant or is an out-of-state juvenile sex offender registrant,2366
and if the offender subsequently is convicted of or pleads guilty2367
to another sexually oriented offense or the delinquent child2368
subsequently is adjudicated a delinquent child for committing2369
another sexually oriented offense and is classified a juvenile sex2370
offender registrant relative to that offense or subsequently is2371
convicted of or pleads guilty to another sexually oriented2372
offense, the period of time for which the offender or delinquent2373
child must comply with the sections specified in division (A) of2374
this section shall be separately calculated pursuant to divisions2375
(A)(1), (2), and (3), (4), (5), (6), and (7) of this section for2376
each of the sexually oriented offenses, and the separately2377
calculated periods of time shall be complied with independently.2378

       If a delinquent child has been adjudicated a delinquent child2379
for committing a sexually oriented offense, is classified a2380
juvenile sex offender registrant or is an out-of-state juvenile2381
sex offender registrant relative to the offense, and, after2382
attaining eighteen years of age, subsequently is convicted of or2383
pleads guilty to another sexually oriented offense, the subsequent2384
conviction or guilty plea does not limit, affect, or supersede the2385
duties imposed upon the delinquent child under this chapter2386
relative to the delinquent child's classification as a juvenile2387
sex offender registrant or as an out-of-state juvenile sex2388
offender registrant, and the delinquent child shall comply with2389
both those duties and the duties imposed under this chapter2390
relative to the subsequent conviction or guilty plea.2391

        (2) If a delinquent child has been adjudicated a delinquent2392
child for committing on or after the effective date of this2393
amendment a sexually oriented offense and is classified a juvenile2394
sex offender registrant relative to the offense, if the order2395
containing the classification also contains a determination by the2396
juvenile judge that the delinquent child is a sexual predator or a2397
habitual sex offender, and if the juvenile judge or the judge's2398
successor in office subsequently determines pursuant to section2399
2152.84 or 2152.85 of the Revised Code that the delinquent child2400
no longer is a sexual predator or habitual sex offender, the2401
judge's subsequent determination does not affect the date of2402
commencement of the delinquent child's duty to comply with2403
sections 2950.04, 2950.05, and 2950.06 of the Revised Code as2404
determined under division (A) of this section. 2405

       (D) The duty of an offender or delinquent child to register2406
under this chapter is tolled for any period during which the2407
offender or delinquent child is returned to confinement in a2408
secure facility for any reason or imprisoned for an offense when2409
the confinement in a secure facility or imprisonment occurs2410
subsequent to the date determined pursuant to division (A) of this2411
section. The offender's or delinquent child's duty to register2412
under this chapter resumes upon the offender's or delinquent2413
child's release from confinement in a secure facility or2414
imprisonment.2415

       (E) An offender or delinquent child who has been convicted2416
of or pleaded guilty to,or has been or is adjudicated a2417
delinquent child for committing, a sexually oriented offense in2418
another state or in a federal court, military court, or an Indian2419
tribal court may apply to the sheriff of the county in which the2420
offender or delinquent child resides or temporarily is domiciled2421
for credit against the duty to register for the time that the2422
offender or delinquent child has complied with the sex offender2423
registration requirements of another jurisdiction. The sheriff2424
shall grant the offender or delinquent child credit against the2425
duty to register for time for which the offender or delinquent2426
child provides adequate proof that the offender or delinquent2427
child has complied with the sex offender registration requirements2428
of another jurisdiction. If the offender or delinquent child2429
disagrees with the determination of the sheriff, the offender or2430
delinquent child may appeal the determination to the court of2431
common pleas of the county in which the offender or delinquent2432
child resides or is temporarily domiciled.2433

       Sec. 2950.081. (A) Any statements, information, photographs,2434
or fingerprints that section 2950.04, 2950.05, or 2950.06 of the2435
Revised Code requires a person to provide, that are provided by a2436
person who registers, who provides notice of a change of residence2437
address and registers the new residence address, or who provides2438
verification of a current residence address pursuant to any2439
provision of those sections, and that are in the possession of a2440
county sheriff are public records open to public inspection under2441
section 149.43 of the Revised Code.2442

       (B)  Except when the act that is the basis of a child's2443
classification as a juvenile sex offender registrant is a2444
violation of, or an attempt to commit a violation of, section2445
2903.01, 2903.02, or 2905.01 of the Revised Code that was2446
committed with a purpose to gratify the sexual needs or desires of2447
the child, a violation of section 2907.02 of the Revised Code, or2448
an attempt to commit a violation of that section, the sheriff2449
shall not cause to be publicly disseminated by means of the2450
internet any statements, information, photographs, or fingerprints2451
that are provided by a juvenile sex offender registrant who2452
registers, who provides notice of a change of residence address2453
and registers the new residence address, or who provides2454
verification of a current residence address pursuant to this2455
chapter and that are in the possession of a county sheriff.2456

       Sec. 2950.09. (A) If a person is convicted of or pleads2457
guilty to committing, on or after January 1, 1997, a sexually2458
oriented offense that is a sexually violent offense and also is2459
convicted of or pleads guilty to a sexually violent predator2460
specification that was included in the indictment, count in the2461
indictment, or information charging the sexually violent offense,2462
the conviction of plea of guilty to the specification2463
automatically classifies the offender as a sexual predator for2464
purposes of this chapter. If a person is convicted of or, pleads2465
guilty to, or is adjudicated a delinquent child for committing, a2466
sexually oriented offense in another state, or in a federal court,2467
military court, or an Indian tribal court and if, as a result of2468
that conviction or, plea of guilty, or adjudication, the person is2469
required, under the law of the jurisdiction in which the person2470
was convicted or, pleaded guilty, or was adjudicated, to register2471
as a sex offender until the person's death and is required to2472
verify the person's address on at least a quarterly basis each2473
year, that conviction or, plea of guilty, or adjudication2474
automatically classifies the offenderperson as a sexual predator2475
for the purposes of this chapter, but the offenderperson may2476
challenge that classification pursuant to division (F) of this2477
section. In all other cases, a person who is convicted of or2478
pleads guilty to, or has been convicted of or pleaded guilty to,2479
or is adjudicated a delinquent child for committing, a sexually2480
oriented offense may be classified as a sexual predator for2481
purposes of this chapter only in accordance with division (B) or2482
(C) of this section or, regarding delinquent children, divisions2483
(B) and (C) of section 2152.83 of the Revised Code.2484

       (B)(1) The judge who is to impose sentence on a person who is2485
convicted of or pleads guilty to a sexually oriented offense or2486
the judge who is to impose or has imposed, pursuant to section2487
2152.82 or division (A) of section 2152.83 of the Revised Code, an2488
order of disposition upon a child who is adjudicated a delinquent2489
child for committing on or after the effective date of this2490
amendment a sexually oriented offense shall conduct a hearing to2491
determine whether the offender is a sexual predator if any of the2492
following circumstances apply:2493

       (a) Regardless of when the sexually oriented offense was2494
committed, if a personthe offender is to be sentenced on or after2495
January 1, 1997, for a sexually oriented offense that is not a2496
sexually violent offense, or if a person.2497

       (b) Regardless of when the sexually oriented offense was2498
committed, the offender is to be sentenced on or after January 1,2499
1997, for a sexually oriented offense that is a sexually violent2500
offense and a sexually violent predator specification was not2501
included in the indictment, count in the indictment, or2502
information charging the sexually violent offense, the judge who2503
is to impose sentence upon the offender shall conduct a hearing to2504
determine whether the offender is a sexual predator. The judge.2505

       (c) The delinquent child was classified a juvenile sex2506
offender registrant pursuant to section 2152.82 or division (A) of2507
section 2152.83 of the Revised Code. A judge shall not conduct a2508
hearing under division (B) of this section regarding a delinquent2509
child unless the delinquent child is in the category of delinquent2510
children described in this division.2511

       (2) The judge shall conduct the hearing prior to sentencing2512
and, if the sexually oriented offense is a felony,and if the2513
hearing is being conducted under division (B)(1)(a) or (b) of this2514
section, the judge may conduct it as part of the sentencing2515
hearing required by section 2929.19 of the Revised Code. The2516
court shall give the offender or delinquent child and the2517
prosecutor who prosecuted the offender or handled the case against2518
the delinquent child for the sexually oriented offense notice of2519
the date, time, and location of the hearing. At the hearing, the2520
offender or delinquent child and the prosecutor shall have an2521
opportunity to testify, present evidence, call and examine2522
witnesses and expert witnesses, and cross-examine witnesses and2523
expert witnesses regarding the determination as to whether the2524
offender or delinquent child is a sexual predator. The offender or2525
delinquent child shall have the right to be represented by counsel2526
and, if indigent, the right to have counsel appointed to represent2527
the offender or delinquent child.2528

       (2)(3) In making a determination under divisions (B)(1) and2529
(3)(4) of this section as to whether an offender or delinquent2530
child is a sexual predator, the judge shall consider all relevant2531
factors, including, but not limited to, all of the following:2532

       (a) The offender's or delinquent child's age;2533

       (b) The offender's or delinquent child's prior criminal or2534
delinquency record regarding all offenses, including, but not2535
limited to, all sexual offenses;2536

       (c) The age of the victim of the sexually oriented offense2537
for which sentence is to be imposed or the order of disposition is2538
to be made;2539

       (d) Whether the sexually oriented offense for which sentence2540
is to be imposed or the order of disposition is to be made2541
involved multiple victims;2542

       (e) Whether the offender or delinquent child used drugs or2543
alcohol to impair the victim of the sexually oriented offense or2544
to prevent the victim from resisting;2545

       (f) If the offender or delinquent child previously has been2546
convicted of or pleaded guilty to any, or been adjudicated a2547
delinquent child for committing an act that if committed by an2548
adult would be, a criminal offense, whether the offender or2549
delinquent child completed any sentence or dispositional order2550
imposed for the prior offense or act and, if the prior offense or2551
act was a sex offense or a sexually oriented offense, whether the2552
offender or delinquent child participated in available programs2553
for sexual offenders;2554

       (g) Any mental illness or mental disability of the offender2555
or delinquent child;2556

       (h) The nature of the offender's or delinquent child's2557
sexual conduct, sexual contact, or interaction in a sexual context2558
with the victim of the sexually oriented offense and whether the2559
sexual conduct, sexual contact, or interaction in a sexual context2560
was part of a demonstrated pattern of abuse;2561

       (i) Whether the offender or delinquent child, during the2562
commission of the sexually oriented offense for which sentence is2563
to be imposed or the order of disposition is to be made, displayed2564
cruelty or made one or more threats of cruelty;2565

       (j) Any additional behavioral characteristics that2566
contribute to the offender's or delinquent child's conduct.2567

       (3)(4) After reviewing all testimony and evidence presented2568
at the hearing conducted under division (B)(1) of this section and2569
the factors specified in division (B)(2)(3) of this section, the2570
judgecourt shall determine by clear and convincing evidence2571
whether the subject offender or delinquent child is a sexual2572
predator. If the judgecourt determines that the subject offender2573
or delinquent child is not a sexual predator, the judgecourt2574
shall specify in the offender's sentence and the judgment of2575
conviction that contains the sentence or in the delinquent child's2576
dispositional order, as appropriate, that the judgecourt has2577
determined that the offender or delinquent child is not a sexual2578
predator. If the judgecourt determines by clear and convincing2579
evidence that the subject offender or delinquent child is a sexual2580
predator, the judgecourt shall specify in the offender's sentence2581
and the judgment of conviction that contains the sentence or in2582
the delinquent child's dispositional order, as appropriate, that2583
the judgecourt has determined that the offender or delinquent2584
child is a sexual predator and shall specify that the2585
determination was pursuant to division (B) of this section. The2586
offender or delinquent child and the prosecutor who prosecuted the2587
offender or handled the case against the delinquent child for the2588
sexually oriented offense in question may appeal as a matter of2589
right the judge'scourt's determination under this division as to2590
whether the offender or delinquent child is, or is not, a sexual2591
predator.2592

       (4)(5) A hearing shall not be conducted under division (B)2593
of this section regarding an offender if the sexually oriented2594
offense in question is a sexually violent offense and the2595
indictment, count in the indictment, or information charging the2596
offense also included a sexually violent predator specification.2597

       (C)(1) If a person was convicted of or pleaded guilty to a2598
sexually oriented offense prior to January 1, 1997, if the person2599
was not sentenced for the offense on or after January 1, 1997, and2600
if, on or after January 1, 1997, the offender is serving a term of2601
imprisonment in a state correctional institution, the department2602
of rehabilitation and correction shall determine whether to2603
recommend that the offender be adjudicated as being a sexual2604
predator. In making a determination under this division as to2605
whether to recommend that the offender be adjudicated as being a2606
sexual predator, the department shall consider all relevant2607
factors, including, but not limited to, all of the factors2608
specified in division (B)(2) of this section. If the department2609
determines that it will recommend that the offender be adjudicated2610
as being a sexual predator, it immediately shall send the2611
recommendation to the court that sentenced the offender and shall2612
enter its determination and recommendation in the offender's2613
institutional record, and the court shall proceed in accordance2614
with division (C)(2) of this section.2615

       (2)(a) If, pursuant to division (C)(1) of this section, the2616
department of rehabilitation and correction sends to a court a2617
recommendation that an offender who has been convicted of or2618
pleaded guilty to a sexually oriented offense be adjudicated as2619
being a sexual predator, the court is not bound by the2620
department's recommendation, and the court may conduct a hearing2621
to determine whether the offender is a sexual predator. The court2622
may deny the recommendation and determine that the offender is not2623
a sexual predator without a hearing but shall not make a2624
determination that the offender is a sexual predator in any case2625
without a hearing. The court may hold the hearing and make the2626
determination prior to the offender's release from imprisonment or2627
at any time within one year following the offender's release from2628
that imprisonment. If the court determines without a hearing that2629
the offender is not a sexual predator, it shall include its2630
determination in the offender's institutional record and shall2631
determine whether the offender previously has been convicted of or2632
pleaded guilty to a sexually oriented offense other than the2633
offense in relation to which the court determined that the2634
offender is not a sexual predator.2635

       The court may make the determination as to whether the2636
offender previously has been convicted of or pleaded guilty to a2637
sexually oriented offense without a hearing, but, if the court2638
determines that the offender previously has been convicted of or2639
pleaded guilty to such an offense, it shall not impose a2640
requirement that the offender be subject to the community2641
notification provisions regarding the offender's place of2642
residence that are contained in sections 2950.10 and 2950.11 of2643
the Revised Code without a hearing. The court may conduct a2644
hearing to determine both whether the offender previously has been2645
convicted of or pleaded guilty to a sexually oriented offense and2646
whether to impose a requirement that the offender be subject to2647
the community notification provisions as described in this2648
division, or may conduct a hearing solely to make the latter2649
determination. The court shall include in the offender's2650
institutional record any determination made under this division as2651
to whether the offender previously has been convicted of or2652
pleaded guilty to a sexually oriented offense, and, as such,2653
whether the offender is a habitual sex offender.2654

       (b) If the court schedules a hearing under division2655
(C)(2)(a) of this section, the court shall give the offender and2656
the prosecutor who prosecuted the offender for the sexually2657
oriented offense, or that prosecutor's successor in office, notice2658
of the date, time, and place of the hearing. If the hearing is to2659
determine whether the offender is a sexual predator, it shall be2660
conducted in the manner described in division (B)(1) of this2661
section regarding hearings conducted under that division and, in2662
making a determination under this division as to whether the2663
offender is a sexual predator, the court shall consider all2664
relevant factors, including, but not limited to, all of the2665
factors specified in division (B)(2) of this section. After2666
reviewing all testimony and evidence presented at the sexual2667
predator hearing and the factors specified in division (B)(2) of2668
this section, the court shall determine by clear and convincing2669
evidence whether the offender is a sexual predator. If the court2670
determines that the offender is not a sexual predator, it also2671
shall determine whether the offender previously has been convicted2672
of or pleaded guilty to a sexually oriented offense other than the2673
offense in relation to which the hearing is being conducted.2674

       Upon making its determinations at the hearing, the court2675
shall proceed as follows:2676

       (i) If the hearing is to determine whether the offender is a2677
sexual predator, and if the court determines that the offender is2678
not a sexual predator and that the offender previously has not2679
been convicted of or pleaded guilty to a sexually oriented offense2680
other than the offense in relation to which the hearing is being2681
conducted, it shall include its determinations in the offender's2682
institutional record.2683

       (ii) If the hearing is to determine whether the offender is2684
a sexual predator, and if the court determines that the offender2685
is not a sexual predator but that the offender previously has been2686
convicted of or pleaded guilty to a sexually oriented offense2687
other than the offense in relation to which the hearing is being2688
conducted, it shall include its determination that the offender is2689
not a sexual predator but is a habitual sex offender in the2690
offender's institutional record, shall attach the determinations2691
to the offender's sentence, shall specify that the determinations2692
were pursuant to division (C) of this section, shall provide a2693
copy of the determinations to the offender, to the prosecuting2694
attorney, and to the department of rehabilitation and correction,2695
and may impose a requirement that the offender be subject to the2696
community notification provisions regarding the offender's place2697
of residence that are contained in sections 2950.10 and 2950.11 of2698
the Revised Code. The offender shall not be subject to those2699
community notification provisions relative to the sexually2700
oriented offense in question if the court does not so impose the2701
requirement described in this division. If the court imposes2702
those community notification provisions, the offender may appeal2703
the judge's determination that the offender is a habitual sex2704
offender.2705

       (iii) If the hearing is to determine whether the offender2706
previously has been convicted of or pleaded guilty to a sexually2707
oriented offense other than the offense in relation to which the2708
hearing is being conducted and whether to impose a requirement2709
that the offender be subject to the specified community2710
notification provisions, and if the court determines that the2711
offender previously has been convicted of or pleaded guilty to2712
such an offense, the court shall proceed as described in division2713
(C)(2)(b)(ii) of this section and may impose a community2714
notification requirement as described in that division. The2715
offender shall not be subject to the specified community2716
notification provisions relative to the sexually oriented offense2717
in question if the court does not so impose the requirement2718
described in that division. If the court imposes those community2719
notification provisions, the offender may appeal the judge's2720
determination that the offender is a habitual sex offender.2721

       (iv) If the court determined without a hearing that the2722
offender previously has been convicted of or pleaded guilty to a2723
sexually oriented offense other than the offense in relation to2724
which the court determined that the offender is not a sexual2725
predator, and, as such, is a habitual sex offender, and the2726
hearing is solely to determine whether to impose a requirement2727
that the offender be subject to the specified community2728
notification provisions, after the hearing, the court may impose a2729
community notification requirement as described in division2730
(C)(2)(b)(ii) of this section. The offender shall not be subject2731
to the specified community notification provisions relative to the2732
sexually oriented offense in question if the court does not so2733
impose the requirement described in that division. If the court2734
imposes those community notification provisions, the offender may2735
appeal the judge's determination that the offender is a habitual2736
sex offender.2737

       (v) If the hearing is to determine whether the offender is a2738
sexual predator, and if the court determines by clear and2739
convincing evidence that the offender is a sexual predator, it2740
shall enter its determination in the offender's institutional2741
record, shall attach the determination to the offender's sentence,2742
shall specify that the determination was pursuant to division (C)2743
of this section, and shall provide a copy of the determination to2744
the offender, to the prosecuting attorney, and to the department2745
of rehabilitation and correction. The offender and the prosecutor2746
may appeal as a matter of right the judge's determination under2747
this division as to whether the offender is, or is not, a sexual2748
predator.2749

       (D)(1) UponDivision (D) of this section applies to persons2750
who have been convicted of or pleaded guilty to a sexually2751
oriented offense. The procedures set forth in division (D) of2752
this section regarding a determination of whether a person no2753
longer is a sexual predator also apply, to the extent specified in2754
section 2152.84 or 2152.85 of the Revised Code, to persons who2755
have been adjudicated a delinquent child for committing a sexually2756
oriented offense and have been determined by a juvenile court2757
judge to be a sexual predator. A person who has been adjudicated2758
a delinquent child for committing a sexually oriented offense and2759
who has been classified by a juvenile court judge a juvenile sex2760
offender registrant or, if applicable, additionally has been2761
determined by a juvenile court judge to be a sexual predator or2762
habitual sex offender, may petition the adjudicating court for a2763
reclassification or declassification pursuant to section 2152.852764
of the Revised Code.2765

        Upon the expiration of the applicable period of time2766
specified in division (D)(1)(a) or (b) of this section, an2767
offender who has been convicted of or pleaded guilty to a sexually2768
oriented offense and who has been adjudicated as being a sexual2769
predator relative to the sexually oriented offense in the manner2770
described in division (B) or (C) of this section may petition the2771
judge who made the determination that the offender was a sexual2772
predator, or that judge's successor in office, to enter a2773
determination that the offender no longer is a sexual predator.2774
Upon the filing of the petition, the judge may review the prior2775
sexual predator determination that comprises the sexually violent2776
predator adjudication, and, upon consideration of all relevant2777
evidence and information, including, but not limited to, the2778
factors set forth in division (B)(2)(3) of this section, either2779
shall enter a determination that the offender no longer is a2780
sexual predator or shall enter an order denying the petition. The2781
courtjudge shall not enter a determination under this division2782
that the offender no longer is a sexual predator unless the court2783
judge determines by clear and convincing evidence that the2784
offender is unlikely to commit a sexually oriented offense in the2785
future. If the judge enters a determination under this division2786
that the offender no longer is a sexual predator, the judge shall2787
notify the bureau of criminal identification and investigation and2788
the parole board of the determination. Upon receipt of the2789
notification, the bureau promptly shall notify the sheriff with2790
whom the offender most recently registered under section 2950.042791
or 2950.05 of the Revised Code of the determination that the2792
offender no longer is a sexual predator. If the judge enters an2793
order denying the petition, the prior adjudication of the offender2794
as a sexual predator shall remain in effect. An offender2795
determined to be a sexual predator in the manner described in2796
division (B) or (C) of this section may file a petition under this2797
division after the expiration of the following periods of time:2798

       (a) Regardless of when the sexually oriented offense was2799
committed, if, on or after January 1, 1997, the offender is2800
imprisoned or sentenced to a prison term or other confinement for2801
the sexually oriented offense in relation to which the2802
determination was made, the offender initially may file the2803
petition not earlier than one year prior to the offender's release2804
from the imprisonment, prison term, or other confinement by2805
discharge, parole, judicial release, or any other final release.2806
If the offender is sentenced on or after January 1, 1997, for the2807
sexually oriented offense in relation to which the determination2808
is made and is not imprisoned or sentenced to a prison term or2809
other confinement for the sexually oriented offense, the offender2810
initially may file the petition upon the expiration of one year2811
after the entry of the offender's judgment of conviction.2812

       (b) After the offender's initial filing of a petition under2813
division (D)(1)(a) of this section, thereafter, an offender may2814
file a petition under this division upon the expiration of five2815
years after the court has entered an order denying the petition2816
under division (D)(1)(a) of this section or the most recent2817
petition the offender has filed under this division.2818

       (2) Except as otherwise provided in this division, division2819
(D)(1) of this section does not apply to a person who is2820
classified as a sexual predator pursuant to division (A) of this2821
section. If a person who is so classified was sentenced to a2822
prison term pursuant to division (A)(3) of section 2971.03 of the2823
Revised Code and if the sentencing court terminates the offender's2824
prison term as provided in division (D) of section 2971.05 of the2825
Revised Code, the court's termination of the prison term2826
automatically shall constitute a determination by the court that2827
the offender no longer is a sexual predator. If the court so2828
terminates the offender's prison term, the court shall notify the2829
bureau of criminal identification and investigation and the parole2830
board of the determination that the offender no longer is a sexual2831
predator. Upon receipt of the notification, the bureau promptly2832
shall notify the sheriff with whom the offender most recently2833
registered under section 2950.04 or 2950.05 of the Revised Code2834
that the offender no longer is a sexual predator. If an offender2835
who is classified as a sexual predator pursuant to division (A) of2836
this section is released from prison pursuant to a pardon or2837
commutation, the classification of the offender as a sexual2838
predator shall remain in effect after the offender's release, and2839
the offender may file one or more petitions in accordance with the2840
procedures and time limitations contained in division (D)(1) of2841
this section for a determination that the offender no longer is a2842
sexual predator.2843

       (E) If a person is convicted of or pleads guilty to2844
committing, on or after January 1, 1997, a sexually oriented2845
offense, the judge who is to impose sentence on the offender shall2846
determine, prior to sentencing, whether the offender previously2847
has been convicted of or pleaded guilty to a sexually oriented2848
offense. If a person is classified a juvenile sex offender2849
registrant, pursuant to section 2152.82 or division (A) of section2850
2152.83 of the Revised Code, the adjudicating judge shall2851
determine, prior to entering the order classifying the delinquent2852
child a juvenile sex offender registrant, whether the delinquent2853
child previously has been adjudicated a delinquent child for2854
committing a sexually oriented offense. If the adjudicating judge2855
has classified the delinquent child under division (A) of section2856
2152.83 of the Revised Code based on that adjudication a juvenile2857
sex offender registrant, the judge shall determine, prior to2858
entering the classification order, whether the delinquent child2859
previously has been adjudicated a delinquent child for committing2860
a sexually oriented offense. If the judge determines that the2861
offender previously has not been convicted of or pleaded guilty to2862
a sexually oriented offense or that the delinquent child2863
previously has not been adjudicated a delinquent child for2864
committing a sexually oriented offense, the judge shall specify in2865
the offender's sentence or in the order classifying the delinquent2866
child a juvenile sex offender registrant that the judge has2867
determined that the offender or delinquent child is not a habitual2868
sex offender. If the judge determines that the offender2869
previously has been convicted of or pleaded guilty to a sexually2870
oriented offense or that the delinquent child previously has been2871
adjudicated a delinquent child for committing a sexually oriented2872
offense, the judge shall specify in the offender's sentence and2873
the judgment of conviction that contains the sentence or in the 2874
order classifying the delinquent child a juvenile sex offender2875
registrant that the judge has determined that the offender or2876
delinquent child is a habitual sex offender and may impose a2877
requirement in that sentence and judgment of conviction or in that2878
order that the offender or delinquent child be subject to the2879
community notification provisions regarding the offender's or2880
delinquent child's place of residence that are contained in2881
sections 2950.10 and 2950.11 of the Revised Code. Unless the2882
habitual sex offender also has been adjudicated as being a sexual2883
predator relative to the sexually oriented offense in question,2884
the offender or delinquent child shall not be subject to those2885
community notification provisions only if the court does not2886
imposeimposes the requirement described in this division in the2887
offender's sentence and the judgment of conviction or in the order2888
classifying the delinquent child a juvenile sex offender2889
registrant.2890

       (F)(1) An offender or delinquent child classified as a2891
sexual predator may petition the court of common pleas or, for a2892
delinquent child, the juvenile court of the county in which the2893
offender or delinquent child resides or temporarily is domiciled2894
to enter a determination that the offender or delinquent child is2895
not an adjudicated sexual predator in this state for purposes of2896
the sex offender registration requirements of this chapter or the2897
community notification provisions contained in sections 2950.102898
and 2950.11 of the Revised Code if all of the following apply:2899

       (a) The offender or delinquent child was convicted of or,2900
pleaded guilty to, or was adjudicated a delinquent child for2901
committing, a sexually oriented offense in another state or in a2902
federal court, a military court, or an Indian tribal court.2903

       (b) As a result of the conviction or, plea of guilty, or2904
adjudication described in division (F)(1)(a) of this section, the2905
offender or delinquent child is required under the law of the2906
jurisdiction under which the offender or delinquent child was2907
convicted or, pleaded guilty, or was adjudicated to register as a2908
sex offender until the offender's or delinquent child's death and2909
is required to verify the offender's or delinquent child's address2910
on at least a quarterly basis each year.2911

       (c) The offender or delinquent child was automatically2912
classified as a sexual predator under division (A) of this section2913
in relation to the conviction or, guilty plea, or adjudication2914
described in division (F)(1)(a) of this section.2915

       (2) The court may enter a determination that the offender or2916
delinquent child filing the petition described in division (F)(1)2917
of this section is not an adjudicated sexual predator in this2918
state for purposes of the sex offender registration requirements2919
of this chapter or the community notification provisions contained2920
in sections 2950.10 and 2950.11 of the Revised Code only if the2921
offender or delinquent child proves by clear and convincing2922
evidence that the requirement of the other jurisdiction that the2923
offender or delinquent child register as a sex offender until the2924
offender's or delinquent child's death and the requirement that2925
the offender or delinquent child verify the offender's or2926
delinquent child's address on at least a quarterly basis each year2927
is not substantially similar to a classification as a sexual2928
predator for purposes of this chapter.2929

       Sec. 2950.10.  (A)(1) If a person is convicted of or pleads2930
guilty to, or has been convicted of or pleaded guilty to, a2931
sexually oriented offense or a person is adjudicated a delinquent2932
child for committing a sexually oriented offense and is classified2933
a juvenile sex offender registrant or is an out-of-state juvenile2934
sex offender registrant based on that adjudication, if the2935
offender or delinquent child has been adjudicated as being a2936
sexual predator relative to the sexually oriented offense, and the2937
court has not subsequently determined pursuant to division (D) of2938
section 2950.09, section 2152.84, or section 2152.85 of the2939
Revised Code that the offender or delinquent child no longer is a2940
sexual predator or the offender or delinquent child has been2941
determined pursuant to division (C)(2) or (E) of section 2950.09,2942
division (B) of section 2152.83, section 2152.84, or section2943
2152.85 of the Revised Code to be a habitual sex offender and, the2944
court has imposed a requirement under that division or section2945
subjecting the habitual sex offender to this section, and the2946
determination has not been removed pursuant to section 2152.84 or2947
2152.85 of the Revised Code, if the offender or delinquent child2948
registers with a sheriff pursuant to section 2950.04 or 2950.05 of2949
the Revised Code, and if the victim of the sexually oriented2950
offense has made a request in accordance with rules adopted by the2951
attorney general that specifies that the victim would like to be2952
provided the notices described in this section, the sheriff shall2953
notify the victim of the sexually oriented offense, in writing,2954
that the offender or delinquent child has registered and shall2955
include in the notice the offender's or delinquent child's name2956
and residence address or addresses. The sheriff shall provide the2957
notice required by this division to the victim at the most recent2958
residence address available for that victim, not later than2959
seventy-two hours after the offender or delinquent child registers2960
with the sheriff.2961

       (2) If a person is convicted of or pleads guilty to, or has2962
been convicted of or pleaded guilty to, a sexually oriented2963
offense or a person is adjudicated a delinquent child for2964
committing a sexually oriented offense and is classified a2965
juvenile sex offender registrant or is an out-of-state juvenile2966
sex offender registrant based on that adjudication, if the2967
offender or delinquent child has been adjudicated as being a2968
sexual predator relative to the sexually oriented offense or2969
sexually violent offense and the court has not subsequently2970
determined pursuant to division (D) of section 2950.09, section2971
2152.84, or section 2152.85 of the Revised Code that the offender2972
or delinquent child no longer is a sexual predator or the offender2973
or delinquent child has been determined pursuant to division (E)2974
of section 2950.09, division (B) of section 2152.83, section2975
2152.84, or section 2152.85 of the Revised Code to be a habitual2976
sex offender and, the court has imposed a requirement under that2977
division or section subjecting the habitual sex offender to this2978
section, and the determination has not been removed pursuant to2979
section 2152.84 or 2152.85 of the Revised Code, if the offender or2980
delinquent child registers with a sheriff pursuant to section2981
2950.04 or 2950.05 of the Revised Code, if the victim of the2982
sexually oriented offense has made a request in accordance with2983
rules adopted by the attorney general that specifies that the2984
victim would like to be provided the notices described in this2985
section, and if the offender or delinquent child notifies the2986
sheriff of a change of residence address pursuant to section2987
2950.05 of the Revised Code, the sheriff shall notify the victim2988
of the sexually oriented offense, in writing, that the offender's2989
or delinquent child's residence address has changed and shall2990
include in the notice the offender's or delinquent child's name2991
and new residence address or addresses. The sheriff shall provide2992
the notice required by this division to the victim at the most2993
recent residence address available for that victim, no later than2994
seventy-two hours after the offender or delinquent child notifies2995
the sheriff of the change in the offender's or delinquent child's2996
residence address.2997

       (3) If an offendera person is convicted of or pleads guilty2998
to, or has been convicted of or pleaded guilty to, a sexually2999
oriented offense or a person is adjudicated a delinquent child for3000
committing a sexually oriented offense and is classified a3001
juvenile sex offender registrant or is an out-of-state juvenile3002
sex offender registrant based on that adjudication, and if the3003
offender or delinquent child is adjudicated as being a sexual3004
predator relative to the sexually oriented offense or the offender3005
or delinquent child is determined pursuant to division (E) of3006
section 2950.09, division (B) of section 2152.83, section3007
2152.84, or section 2152.85 of the Revised Code to be a habitual3008
sex offender and is made subject to this section, the victim of3009
the offense may make a request in accordance with rules adopted by3010
the attorney general pursuant to section 2950.13 of the Revised3011
Code that specifies that the victim would like to be provided the3012
notices described in divisions (A)(1) and (2) of this section. If3013
the victim makes a request in accordance with those rules, the3014
sheriff described in divisions (A)(1) and (2) of this section3015
shall provide the victim with the notices described in those3016
divisions.3017

       (4) If a victim makes a request as described in division3018
(A)(3) of this section that specifies that the victim would like3019
to be provided the notices described in divisions (A)(1) and (2)3020
of this section, all information a sheriff obtains regarding the3021
victim from or as a result of the request is confidential, and the3022
information is not a public record open for inspection under3023
section 149.43 of the Revised Code.3024

       (5) The notices described in divisions (A)(1) and (2) of3025
this section are in addition to any notices regarding the offender3026
or delinquent child that the victim is entitled to receive under3027
Chapter 2930. of the Revised Code.3028

       (B) A victim of a sexually oriented offense is not entitled3029
to be provided any notice described in division (A)(1) or (2) of3030
this section unless the offender or delinquent child is3031
adjudicated as being a sexual predator relative to the sexually3032
oriented offense and the court has not subsequently determined3033
pursuant to division (E)(D) of section 2950.09, section 2152.84,3034
or section 2152.85 of the Revised Code that the offender or3035
delinquent child no longer is a sexual predator or the offender or3036
delinquent child has been determined pursuant to division (E) of3037
section 2950.09, division (B) of section 2152.83, section3038
2152.84, or section 2152.85 of the Revised Code to be a habitual3039
sex offender and, the court has imposed a requirement under that3040
division or section subjecting the habitual sex offender to this3041
section, and the determination has not been removed pursuant to3042
section 2152.84 or 2152.85 of the Revised Code. A victim of a3043
sexually oriented offense is not entitled to any notice described3044
in division (A)(1) or (2) of this section unless the victim makes3045
a request in accordance with rules adopted by the attorney general3046
pursuant to section 2950.13 of the Revised Code that specifies3047
that the victim would like to be provided the notices described in3048
divisions (A)(1) and (2) of this section. This division does not3049
affect any rights of a victim of a sexually oriented offense to be3050
provided notice regarding an offender or delinquent child that are3051
described in Chapter 2950.2930. of the Revised Code.3052

       Sec. 2950.11.  (A) As used in this section, "specified3053
geographical notification area" means the geographic area or areas3054
within which the attorney general, by rule adopted under section3055
2950.13 of the Revised Code, requires the notice described in3056
division (B) of this section to be given to the persons identified3057
in divisions (A)(2) to (8) of this section. If a person is3058
convicted of or pleads guilty to, or has been convicted of or3059
pleaded guilty to, a sexually oriented offense or a person is3060
adjudicated a delinquent child for committing a sexually oriented3061
offense and is classified a juvenile sex offender registrant or is3062
an out-of-state juvenile sex offender registrant based on that3063
adjudication, and if the offender or delinquent child has been3064
adjudicated as being a sexual predator relative to the sexually3065
oriented offense and the court has not subsequently determined3066
pursuant to division (D) of section 2950.09, section 2152.84, or3067
section 2152.85 of the Revised Code that the offender or3068
delinquent child no longer is a sexual predator or the offender or3069
delinquent child has been determined pursuant to division (C)(2)3070
or (E) of section 2950.09, division (B) of section 2152.83,3071
section 2152.84, or section 2152.85 of the Revised Code to be a3072
habitual sex offender and, the court has imposed a requirement3073
under that division or section subjecting the habitual sex3074
offender to this section, and the determination has not been3075
removed pursuant to section 2152.84 or 2152.85 of the Revised3076
Code, the sheriff with whom the offender or delinquent child has3077
most recently registered under section 2950.04 or 2950.05 of the3078
Revised Code, within the period of time specified in division (C)3079
of this section, shall provide a written notice containing the3080
information set forth in division (B) of this section to all of3081
the following persons:3082

       (1) All occupants of residences adjacent to the offender's3083
or delinquent child's place of residence that are located within3084
the county served by the sheriff and all additional neighbors of3085
the offender or delinquent child who are within any category that3086
the attorney general by rule adopted under section 2950.13 of the3087
Revised Code requires to be provided the notice and who reside3088
within the county served by the sheriff;3089

       (2) The executive director of the public children services3090
agency that has jurisdiction within the specified geographical3091
notification area and that is located within the county served by3092
the sheriff;3093

       (3)(a) The superintendent of each board of education of a3094
school district that has schools within the specified geographical3095
notification area and that is located within the county served by3096
the sheriff;3097

       (b) The principal of the school within the specified3098
geographical notification area and within the county served by the3099
sheriff that the delinquent child attends;3100

       (c) If the delinquent child attends a school outside of the3101
specified geographical notification area or outside of the school3102
district where the delinquent child resides, the superintendent of3103
the board of education of a school district that governs the3104
school that the delinquent child attends and the principal of the3105
school that the delinquent child attends.3106

       (4)(a) The appointing or hiring officer of each chartered3107
nonpublic school located within the specified geographical3108
notification area and within the county served by the sheriff or3109
of each other school located within the specified geographical3110
notification area and within the county served by the sheriff and3111
that is not operated by a board of education described in division3112
(A)(3) of this section;3113

       (b) Regardless of the location of the school, the appointing3114
or hiring officer of a chartered nonpublic school that the3115
delinquent child attends.3116

       (5) The director, head teacher, elementary principal, or3117
site administrator of each preschool program governed by Chapter3118
3301. of the Revised Code that is located within the specified3119
geographical notification area and within the county served by the3120
sheriff;3121

       (6) The administrator of each child day-care center or type3122
A family day-care home that is located within the specified3123
geographical notification area and within the county served by the3124
sheriff, and the provider of each certified type B family day-care3125
home that is located within the specified geographical3126
notification area and within the county served by the sheriff. As3127
used in this division, "child day-care center," "type A family3128
day-care home," and "certified type B family day-care home" have3129
the same meanings as in section 5104.01 of the Revised Code.3130

       (7) The president or other chief administrative officer of3131
each institution of higher education, as defined in section3132
2907.03 of the Revised Code, that is located within the specified3133
geographical notification area and within the county served by the3134
sheriff, and the chief law enforcement officer of the state3135
university law enforcement agency or campus police department3136
established under section 3345.04 or 1713.50 of the Revised Code,3137
if any, that serves that institution;3138

       (8) The sheriff of each county that includes any portion of3139
the specified geographical notification area;3140

       (9) If the offender or delinquent child resides within the3141
county served by the sheriff, the chief of police, marshal, or3142
other chief law enforcement officer of the municipal corporation3143
in which the offender or delinquent child resides or, if the3144
offender or delinquent child resides in an unincorporated area,3145
the constable or chief of the police department or police district3146
police force of the township in which the offender or delinquent3147
child resides.3148

       (B) The notice required under division (A) of this section3149
shall include all of the following information regarding the3150
subject offender or delinquent child:3151

       (1) The offender's or delinquent child's name;3152

       (2) The address or addresses at which the offender or3153
delinquent child resides;3154

       (3) The sexually oriented offense of which the offender was3155
convicted or, to which the offender pleaded guilty,or for which3156
the child was adjudicated a delinquent child;3157

       (4) A statement that the offender or delinquent child has3158
been adjudicated as being a sexual predator and that, as of the3159
date of the notice, the court has not entered a determination that3160
the offender or delinquent child no longer is a sexual predator,3161
or a statement that the sentencing or reviewing judge has3162
determined that the offender or delinquent child is a habitual sex3163
offender and that, as of the date of the notice, the determination3164
has not been removed pursuant to section 2152.84 or 2152.85 of the3165
Revised Code.3166

       (C) If a sheriff with whom an offender or delinquent child3167
registers under section 2950.04 or 2950.05 of the Revised Code is3168
required by division (A) of this section to provide notices3169
regarding an offender or delinquent child and if, pursuant to that3170
requirement, the sheriff provides a notice to a sheriff of one or3171
more other counties in accordance with division (A)(8) of this3172
section, the sheriff of each of the other counties who is provided3173
notice under division (A)(8) of this section shall provide the3174
notices described in divisions (A)(1) to (7) and (A)(9) of this3175
section to each person or entity identified within those divisions3176
that is located within the geographical notification area and3177
within the county served by the sheriff in question.3178

       (D)(1) A sheriff required by division (A) or (C) of this3179
section to provide notices regarding an offender or delinquent3180
child shall provide the notice to the neighbors that is described3181
in division (A)(1) of this section and the notices to law3182
enforcement personnel that are described in divisions (A)(8) and3183
(9) of this section no later than seventy-two hours after the3184
offender or delinquent child registers with the sheriff or, if the3185
sheriff is required by division (C) to provide the notices, no3186
later than seventy-two hours after the sheriff is provided the3187
notice described in division (A)(8) of this section.3188

       A sheriff required by division (A) or (C) of this section to3189
provide notices regarding an offender or delinquent child shall3190
provide the notices to all other specified persons that are3191
described in divisions (A)(2) to (7) of this section not later3192
than seven days after the offender or delinquent child registers3193
with the sheriff, if the sheriff is required by division (C) to3194
provide the notices, no later than seventy-two hours after the3195
sheriff is provided the notice described in division (A)(8) of3196
this section.3197

       (2) If an offender or delinquent child in relation to whom3198
division (A) of this section applies verifies the offender's or3199
delinquent child's current residence address with a sheriff3200
pursuant to section 2950.06 of the Revised Code, the sheriff may3201
provide a written notice containing the information set forth in3202
division (B) of this section to the persons identified in3203
divisions (A)(1) to (9) of this section. If a sheriff provides a3204
notice pursuant to this division to the sheriff of one or more3205
other counties in accordance with division (A)(8) of this section,3206
the sheriff of each of the other counties who is provided the3207
notice under division (A)(8) of this section may provide, but is3208
not required to provide, a written notice containing the3209
information set forth in division (B) of this section to the3210
persons identified in divisions (A)(1) to (7) and (A)(9) of this3211
section.3212

       (E) All information that a sheriff possesses regarding a3213
sexual predator or a habitual sex offender that is described in3214
division (B) of this section and that must be provided in a notice3215
required under division (A) or (C) of this section or that may be3216
provided in a notice authorized under division (D)(2) of this3217
section is a public record that is open to inspection under3218
section 149.43 of the Revised Code.3219

       If the sexual predator or habitual sex offender is a juvenile3220
sex offender registrant, the sheriff shall not cause any of the3221
information described in this division to be publicly disseminated3222
by means of the internet, except when the act that is the basis of3223
a child's classification as a juvenile sex offender registrant is3224
a violation of, or an attempt to commit a violation of, section3225
2903.01, 2903.02, or 2905.01 of the Revised Code that was3226
committed with a purpose to gratify the sexual needs or desires of3227
the child, a violation of section 2907.02 of the Revised Code, or3228
an attempt to commit a violation of that section.3229

       (F) The notification provisions of this section do not apply3230
regarding a person who is convicted of or pleads guilty to, or has3231
been convicted of or pleaded guilty to, or is adjudicated a3232
delinquent child for committing, a sexually oriented offense, who3233
has not been adjudicated as being a sexual predator relative to3234
that sexually oriented offense, and who is determined pursuant to3235
division (C)(2) or (E) of section 2950.09, division (B) of section3236
2152.83, section 2152.84, or section 2152.85 of the Revised Code3237
to be a habitual sex offender unless the sentencing or reviewing3238
court imposes a requirement in the offender's sentence and in the3239
judgment of conviction that contains the sentence or in the3240
delinquent child's adjudication, or imposes a requirement as3241
described in division (C)(2) of section 2950.09 of the Revised3242
Code, that subjects the offender or the delinquent child to the3243
provisions of this section.3244

       (G) The department of job and family services shall compile,3245
maintain, and update in January and July of each year, a list of3246
all agencies, centers, or homes of a type described in division3247
(A)(2) or (6) of this section that contains the name of each3248
agency, center, or home of that type, the county in which it is3249
located, its address and telephone number, and the name of an3250
administrative officer or employee of the agency, center, or home.3251
The department of education shall compile, maintain, and update in3252
January and July of each year, a list of all boards of education,3253
schools, or programs of a type described in division (A)(3), (4),3254
or (5) of this section that contains the name of each board of3255
education, school, or program of that type, the county in which it3256
is located, its address and telephone number, the name of the3257
superintendent of the board or of an administrative officer or3258
employee of the school or program, and, in relation to a board of3259
education, the county or counties in which each of its schools is3260
located and the address of each such school. The Ohio board of3261
regents shall compile, maintain, and update in January and July of3262
each year, a list of all institutions of a type described in3263
division (A)(7) of this section that contains the name of each3264
such institution, the county in which it is located, its address3265
and telephone number, and the name of its president or other chief3266
administrative officer. A sheriff required by division (A) or (C)3267
of this section, or authorized by division (D)(2) of this section,3268
to provide notices regarding an offender or delinquent child, or a3269
designee of a sheriff of that type, may request the department of3270
job and family services, department of education, or Ohio board of3271
regents, by telephone, in person, or by mail, to provide the3272
sheriff or designee with the names, addresses, and telephone3273
numbers of the appropriate persons and entities to whom the3274
notices described in divisions (A)(2) to (7) of this section are3275
to be provided. Upon receipt of a request, the department or3276
board shall provide the requesting sheriff or designee with the3277
names, addresses, and telephone numbers of the appropriate persons3278
and entities to whom those notices are to be provided.3279

       Sec. 2950.12.  (A) Except as provided in division (B) of3280
this section, any of the following persons shall be immune from3281
liability in a civil action to recover damages for injury, death,3282
or loss to person or property allegedly caused by an act or3283
omission in connection with a power, duty, responsibility, or3284
authorization under this chapter or under rules adopted under3285
authority of this chapter:3286

       (1) An officer or employee of the bureau of criminal3287
identification and investigation;3288

       (2) The attorney general, a chief of police, marshal, or3289
other chief law enforcement officer of a municipal corporation, a3290
sheriff, a constable or chief of police of a township police3291
department or police district police force, and a deputy, officer,3292
or employee of the office of the attorney general, the law3293
enforcement agency served by the marshal or the municipal or3294
township chief, the office of the sheriff, or the constable;3295

       (3) A prosecutor and an officer or employee of the office of3296
a prosecutor;3297

       (4) A supervising officer and an officer or employee of the3298
adult parole authority of the department of rehabilitation and3299
correction;3300

       (5) A supervising officer and an officer or employee of the3301
department of youth services;3302

       (6) A supervisor and a caseworker or employee of a public3303
children services agency acting pursuant to section 5153.16 of the3304
Revised Code;3305

       (7) A person identified in division (A)(2), (3), (4), (5),3306
(6), or (7) of section 2950.11 of the Revised Code or the agent of3307
that person.3308

       (B) The immunity described in division (A) of this section3309
does not apply to a person described in divisions (A)(1) to (5)(7)3310
of this section if, in relation to the act or omission in3311
question, any of the following applies:3312

       (1) The act or omission was manifestly outside the scope of3313
the person's employment or official responsibilities.3314

       (2) The act or omission was with malicious purpose, in bad3315
faith, or in a wanton or reckless manner.3316

       (3) Liability for the act or omission is expressly imposed3317
by a section of the Revised Code.3318

       Sec. 2950.13.  (A) The attorney general shall do all of the3319
following:3320

       (1) No later than July 1, 1997, establish and maintain a3321
state registry of sex offenders that is housed at the bureau of3322
criminal identification and investigation and that contains all of3323
the registration, change of residence address, and verification3324
information the bureau receives pursuant to sections 2950.04,3325
2950.05, and 2950.06 of the Revised Code regarding a person who is3326
convicted of or pleads guilty to, or has been convicted of or3327
pleaded guilty to, a sexually oriented offense or a person who is3328
adjudicated a delinquent child for committing a sexually oriented3329
offense and is classified a juvenile sex offender registrant or is3330
an out-of-state juvenile sex offender registrant based on that3331
adjudication, and all of the information the bureau receives3332
pursuant to section 2950.14 of the Revised Code;3333

       (2) In consultation with local law enforcement3334
representatives and no later than July 1, 1997, adopt rules that3335
contain guidelines necessary for the implementation of this3336
chapter;3337

       (3) In consultation with local law enforcement3338
representatives and no later than July 1, 1997, adopt rules for3339
the implementation and administration of the provisions contained3340
in section 2950.11 of the Revised Code that pertain to the3341
notification of neighbors of a personan offender or a delinquent3342
child who has committed a sexually oriented offense and has been3343
adjudicated as being a sexually violentsexual predator or3344
determined to be a habitual sex offender, and rules that prescribe3345
a manner in which victims of a sexually oriented offense committed3346
by a personan offender or a delinquent child who has been3347
adjudicated as being a sexual predator or determined to be a3348
habitual sex offender may make a request that specifies that the3349
victim would like to be provided the notices described in3350
divisions (A)(1) and (2) of section 2950.10 of the Revised Code.;3351

       (4) In consultation with local law enforcement3352
representatives and through the bureau of criminal identification3353
and investigation, prescribe the forms to be used by judges and3354
officials pursuant to section 2950.03 of the Revised Code to3355
advise offenders and delinquent children of their duties of3356
registration, notification of a change of residence address and3357
registration of the new residence address, and residence address3358
verification under sections 2950.04, 2950.05, and 2950.06 of the3359
Revised Code, and prescribe the forms to be used by sheriffs3360
relative to those duties of registration, change of residence3361
address notification, and residence address verification;3362

       (5) Make copies of the forms prescribed under division3363
(D)(A)(4) of this section available to judges, officials, and3364
sheriffs;3365

       (6) Through the bureau of criminal identification and3366
investigation, provide the notifications, the information, and the3367
documents that the bureau is required to provide to appropriate3368
law enforcement officials and to the federal bureau of3369
investigation pursuant to sections 2950.04, 2950.05, and 2950.063370
of the Revised Code;3371

       (7) Through the bureau of criminal identification and3372
investigation, maintain the verification forms returned under the3373
residence address verification mechanism set forth in section3374
2950.06 of the Revised Code;3375

       (8) In consultation with representatives of the officials,3376
judges, and sheriffs, adopt procedures for officials, judges, and3377
sheriffs to use to forward information, photographs, and3378
fingerprints to the bureau of criminal identification and3379
investigation pursuant to the requirements of sections 2950.03,3380
2950.04, 2950.05, and 2950.06 of the Revised Code;3381

       (9) In consultation with the director of education, the3382
director of job and family services, and the director of3383
rehabilitation and correction and no later than July 1, 1997,3384
adopt rules that contain guidelines to be followed by boards of3385
education of a school district, chartered nonpublic schools or3386
other schools not operated by a board of education, preschool3387
programs, child day-care centers, type A family day-care homes,3388
certified type B family day-care homes, and institutions of higher3389
education regarding the proper use and administration of3390
information received pursuant to section 2950.11 of the Revised3391
Code relative to a personan offender or delinquent child who has3392
been adjudicated as being a sexual predator or determined to be a3393
habitual sex offender;3394

       (10) In consultation with local law enforcement3395
representatives and no later than July 1, 1997, adopt rules that3396
designate a geographic area or areas within which the notice3397
described in division (B) of section 2950.11 of the Revised Code3398
must be given to the persons identified in divisions (A)(2) to (8)3399
of that section.3400

       (B) The attorney general, in consultation with local law3401
enforcement representatives, may adopt rules that establish one or3402
more categories of neighbors of an offender or delinquent child3403
who, in addition to the occupants of residences adjacent to an3404
offender's or delinquent child's place of residence, must be given3405
the notice described in division (B) of section 2950.11 of the3406
Revised Code.3407

       (C) As used in this section, "local law enforcement3408
representatives" means representatives of the sheriffs of this3409
state, representatives of the municipal chiefs of police and3410
marshals of this state, and representatives of the township3411
constables and chiefs of police of the township police departments3412
or police district police forces of this state.3413

       Sec. 2950.14.  (A) Prior to releasing an offender who is3414
under the custody and control of the department of rehabilitation3415
and correction and who has been convicted of or pleaded guilty to3416
committing, either prior to, on, or after January 1, 1997, any3417
sexually oriented offense, the department of rehabilitation and3418
correction shall provide all of the following information3419
described in division (B) of this section to the bureau of3420
criminal identification and investigation regarding the offender.3421
Prior to releasing a delinquent child who is in the custody of the3422
department of youth services and who has been adjudicated a3423
delinquent child for committing on or after the effective date of3424
this amendment a sexually oriented offense, the department of3425
youth services shall provide all of the information described in3426
division (B) of this section to the bureau of criminal3427
identification and investigation regarding the delinquent child.3428

       (B) The department of rehabilitation and correction and the3429
department of youth services shall provide all of the following3430
information to the bureau of criminal identification and3431
investigation regarding an offender or delinquent child described3432
in division (A) of this section:3433

       (1) The offender's or delinquent child's name and any3434
aliases used by the offender or delinquent child;3435

       (2) All identifying factors concerning the offender or3436
delinquent child;3437

       (3) The offender's or delinquent child's anticipated future3438
residence;3439

       (4) The offense and delinquency history of the offender or3440
delinquent child;3441

       (5) Whether the offender or delinquent child was treated for3442
a mental abnormality or personality disorder while under the3443
custody and control of the department;3444

       (6) Any other information that the bureau indicates is3445
relevant and that the department possesses.3446

       (B)(C) Upon receipt of the information described in division3447
(A)(B) of this section regarding an offender or delinquent child,3448
the bureau immediately shall enter the information into the state3449
registry of sexualsex offenders that the bureau maintains3450
pursuant to section 2950.13 of the Revised Code and into the3451
records that the bureau maintains pursuant to division (A) of3452
section 109.57 of the Revised Code.3453

       Sec. 2950.99. (A) Whoever violates a prohibition in section3454
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a3455
felony of the fifth degree if the most serious sexually oriented3456
offense that was the basis of the registration, change of address3457
notification, or address verification requirement that was3458
violated under the prohibition is a felony if committed by an3459
adult, and a misdemeanor of the first degree if the most serious3460
sexually oriented offense that was the basis of the registration,3461
change of address notification, or address verification3462
requirement that was violated under the prohibition is a3463
misdemeanor if committed by an adult. In addition to any penalty3464
or sanction imposed for the violation, if the offender or3465
delinquent child is on probation or parole, is subject to one or3466
more post-release control sanctions, or is subject to any other3467
type of supervised release at the time of the violation, the3468
violation shall constitute a violation of the terms and conditions3469
of the probation, parole, post-release control sanction, or other3470
type of supervised release.3471

       (B) If a person violates a prohibition in section 2950.04,3472
2950.05, or 2950.06 of the Revised Code that applies to the person3473
as a result of the person being adjudicated a delinquent child and3474
being classified a juvenile sex offender registrant or is an3475
out-of-state juvenile sex offender registrant, both of the3476
following apply:3477

        (1) If the violation occurs while the person is under3478
eighteen years of age, the person is subject to proceedings under3479
Chapter 2152. of the Revised Code based on the violation.3480

        (2) If the violation occurs while the person is eighteen3481
years of age or older, the person is subject to criminal3482
prosecution based on the violation. 3483

       Sec. 5139.13. (A) The department of youth services shall do3484
all of the following:3485

       (A)(1) Control and manage all institutions for the3486
rehabilitation of delinquent children and youthful offenders that3487
are operated by the state, except where the control and management3488
of an institution is vested by law in another agency;3489

       (B)(2) Provide treatment and training for children committed3490
to the department and assigned by the department to various3491
institutions under its control and management, including, but not3492
limited to, for a child committed to it for an act that is a3493
sexually oriented offense, treatment that is appropriate for a3494
child who commits an act that is a sexually oriented offense and3495
that is intended to ensure that the child does not commit any3496
subsequent act that is a sexually oriented offense;3497

       (C)(3) Establish and maintain appropriate reception centers3498
for the reception of children committed to the department and3499
employ competent persons to have charge of those centers and to3500
conduct investigations;3501

       (D)(4) Establish and maintain any other facilities necessary3502
for the training, treatment, and rehabilitation of children3503
committed to the department.3504

       (B) As used in this section, "sexually oriented offense" has3505
the same meaning as in section 2950.01 of the Revised Code.3506

       Section 2.  That existing sections 2151.23, 2152.02, 3507
2152.19, 2152.22, 2919.24, 2950.01, 2950.02, 2950.03, 2950.04,3508
2950.05, 2950.06, 2950.07, 2950.09, 2950.10, 2950.11, 2950.12,3509
2950.13, 2950.14, 2950.99, and 5139.13 of the Revised Code are3510
hereby repealed.3511

       Section 3. Sections 1 and 2 of this act shall take effect on3512
January 1, 2002, or the earliest date permitted by law, whichever3513
is later.3514

       Section 4.  Section 2151.23 of the Revised Code is presented3515
in this act as a composite of the section as amended by Am. Sub.3516
S.B. 179, Am. Sub. S.B. 180, and Sub. S.B. 218 of the 123rd3517
General Assembly. The General Assembly, applying the principle3518
stated in division (B) of section 1.52 of the Revised Code that3519
amendments are to be harmonized if reasonably capable of3520
simultaneous operation, finds that the composite is the resulting3521
version of the section in effect prior to the effective date of3522
the section as presented in this act.3523

       Section 2152.02 of the Revised Code, as presented in this3524
act, includes matter that was amended into former section 2151.023525
of the Revised Code by S.B. 218 of the 123rd General Assembly.3526
Paragraphs of former section 2151.02 of the Revised Code were3527
transferred to section 2152.02 of the Revised Code by S.B. 179 of3528
the 123rd General Assembly as part of its general revision of the3529
juvenile sentencing laws. The General Assembly, applying the3530
principle stated in division (B) of section 1.52 of the Revised3531
Code that amendments are to be harmonized if reasonably capable of3532
simultaneous operation, finds that the version of section 2152.023533
of the Revised Code presented in this act is the resulting version3534
of the section in effect prior to the date of the section as3535
presented in this act.3536

       Section 5. Section 2152.19 of the Revised Code, as presented3537
in this act, includes matter that was amended into former section3538
2151.355 of the Revised Code by Am. Sub. S.B. 181 of the 123rd3539
General Assembly. Paragraphs of former section 2151.355 of the3540
Revised Code containing S.B. 181 amendments were transferred to3541
section 2152.19 of the Revised Code by Am. Sub. S.B. 179 of the3542
123rd General Assembly as part of its general revision of the3543
juvenile sentencing laws. The General Assembly, applying the3544
principle stated in division (B) of section 1.52 of the Revised3545
Code that amendments are to be harmonized if reasonably capable of3546
simultaneous operation, finds that the version of section 2152.193547
of the Revised Code presented in this act is the resulting version3548
of the section in effect prior to the effective date of the3549
section as presented in this act.3550