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
Revised | 18 |
Code be
enacted to
read as
follows: | 19 |
(1) Concerning any child who on or about the date
specified | 22 |
in the complaint, indictment, or information is alleged to have | 23 |
violated section 2151.87 of the Revised Code or an order issued | 24 |
under that section or to be a juvenile traffic
offender or a | 25 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 26 |
based on and in relation to the allegation pertaining to the | 27 |
child,
concerning the parent, guardian, or other person having | 28 |
care
of a child who is alleged to be an unruly or delinquent child | 29 |
for being an
habitual or chronic
truant; | 30 |
(6) To hear and determine all criminal cases in which an | 44 |
adult is charged with a violation of division (C) of section | 45 |
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 Revised | 47 |
Code, provided
the charge is not included in an indictment that | 48 |
also charges the
alleged adult offender with the commission of a | 49 |
felony arising
out of the same actions that are the basis of the | 50 |
alleged
violation of division (C) of section 2919.21, division | 51 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 52 |
section
2919.23, or section
2919.24 of the Revised Code; | 53 |
(C) The juvenile court, except as to juvenile courts that | 105 |
are a separate division of the court of common pleas or a
separate | 106 |
and independent juvenile court, has jurisdiction to
hear, | 107 |
determine, and make a record of any action for divorce or
legal | 108 |
separation that involves the custody or care of children
and that | 109 |
is filed in the court of common pleas and certified by
the court | 110 |
of common pleas with all the papers filed in the action
to the | 111 |
juvenile court for trial, provided that no certification of
that | 112 |
nature shall
be made to any juvenile court unless the consent of | 113 |
the juvenile judge
first is obtained. After a certification of | 114 |
that nature is made
and consent is
obtained, the juvenile court | 115 |
shall proceed as if the action originally had
been begun in that | 116 |
court, except as to awards for spousal support
or support due and | 117 |
unpaid at the time of certification, over
which the juvenile court | 118 |
has no jurisdiction. | 119 |
(G) Any
juvenile court that
makes or modifies an order for | 138 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 139 |
3125. of the Revised Code. If any person
required to pay
child | 140 |
support under an order made by a juvenile
court on or after
April | 141 |
15, 1985, or modified on or after December
1, 1986, is
found in | 142 |
contempt of court for failure to make support
payments
under the | 143 |
order, the court that makes the finding, in
addition to
any other | 144 |
penalty or remedy imposed, shall assess all
court costs
arising | 145 |
out of the contempt proceeding against the
person and
require the | 146 |
person to pay any reasonable attorney's
fees of any
adverse party, | 147 |
as determined by the court, that arose
in relation
to the act of | 148 |
contempt. | 149 |
(H) If a child who is charged with an act that would be an | 150 |
offense if committed by an adult was fourteen years of age or | 151 |
older and under
eighteen years of age at the time of the alleged | 152 |
act and if the case is
transferred for criminal prosecution | 153 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 154 |
court does not have jurisdiction to hear or
determine the case | 155 |
subsequent to the transfer. The court to which the
case is | 156 |
transferred for criminal prosecution pursuant to that
section has | 157 |
jurisdiction subsequent to the transfer to hear and
determine the | 158 |
case in the same manner as if the case originally
had been | 159 |
commenced in that court, including, but not limited to, | 160 |
jurisdiction to accept a plea of guilty or another plea
authorized | 161 |
by Criminal Rule 11 or another section
of the Revised Code and | 162 |
jurisdiction to accept a
verdict and to enter a judgment of | 163 |
conviction pursuant to the
Rules of Criminal Procedure against the | 164 |
child for the commission of the offense that was the basis of the | 165 |
transfer of the case for criminal prosecution, whether the | 166 |
conviction is for the same degree or a lesser degree of the | 167 |
offense charged, for the commission of a lesser-included offense, | 168 |
or for the commission of another offense that is different from | 169 |
the offense charged. | 170 |
(I) If a person under eighteen
years of age allegedly | 171 |
commits an act that would be a felony if committed by
an adult and | 172 |
if the person is not taken into custody or apprehended for that | 173 |
act until after the person attains twenty-one years of age, the | 174 |
juvenile court
does not have jurisdiction to hear or determine any | 175 |
portion of the case
charging the person with committing that act. | 176 |
In those circumstances,
divisions (A) and (B) of section 2152.12 | 177 |
of the
Revised Code do not apply regarding the act, and the case | 178 |
charging the person with committing the act shall be a criminal | 179 |
prosecution
commenced and heard in the appropriate court having | 180 |
jurisdiction of the
offense as if the person had been eighteen | 181 |
years of age or older when the
person committed the act. All | 182 |
proceedings pertaining to the act shall be
within the jurisdiction | 183 |
of the court having jurisdiction of the offense, and
that court | 184 |
has all the authority and
duties
in the case that it has in other | 185 |
criminal cases in
that court. | 186 |
(5) Any person whose case is transferred for criminal | 213 |
prosecution
pursuant to section 2152.12 of the Revised Code and | 214 |
who
subsequently is convicted of or pleads guilty to a felony in | 215 |
that case,
and any person who is
adjudicated a delinquent child | 216 |
for the commission of an act, who has a serious
youthful offender | 217 |
dispositional sentence imposed for the act pursuant to section | 218 |
2152.13 of the Revised Code,
and whose adult portion of the | 219 |
dispositional sentence is invoked pursuant to section 2152.14 of | 220 |
the Revised Code,
shall
be deemed after the transfer or invocation | 221 |
not to be a child in any case in
which a complaint is filed | 222 |
against the person. | 223 |
A period of electronically monitored house arrest imposed | 399 |
under
this division shall not extend beyond the child's | 400 |
twenty-first birthday. If a
court
imposes a period of | 401 |
electronically monitored house arrest upon a
child under this | 402 |
division, it shall require the child: to wear,
otherwise have | 403 |
attached to the child's person, or otherwise be
subject to | 404 |
monitoring by a certified electronic monitoring device
or to | 405 |
participate in the operation of and monitoring by a
certified | 406 |
electronic monitoring system; to remain in the child's
home or | 407 |
other specified premises for the entire period of
electronically | 408 |
monitored house arrest except when the court
permits the child to | 409 |
leave those premises to go to school or to
other specified | 410 |
premises; to be monitored by a central system that
can determine | 411 |
the child's location at designated times; to report
periodically | 412 |
to a person designated by the court; and to enter
into a written | 413 |
contract with the court agreeing to comply with all
requirements | 414 |
imposed by the court, agreeing to pay any fee imposed
by the court | 415 |
for the costs of the electronically monitored house
arrest, and | 416 |
agreeing to waive the right to receive credit for any
time served | 417 |
on electronically monitored house arrest toward the
period of any | 418 |
other dispositional order imposed upon the child if
the child | 419 |
violates any of the requirements of the dispositional
order of | 420 |
electronically monitored house arrest. The court also
may impose | 421 |
other reasonable requirements upon the child. | 422 |
(2) The child is adjudicated a delinquent child for | 493 |
committing an
act that if committed by an adult would be a drug | 494 |
abuse offense
or for violating
division (B) of section 2917.11 of | 495 |
the Revised
Code, with the suspension continuing until the child | 496 |
attends and
satisfactorily completes a drug abuse or alcohol abuse | 497 |
education,
intervention, or treatment program specified by the | 498 |
court. During
the time the child is attending the program, the | 499 |
court shall retain any
temporary instruction permit, probationary | 500 |
driver's license, or driver's
license issued to the child, and the | 501 |
court shall return the permit or license
when the child | 502 |
satisfactorily completes the program. | 503 |
(D)(1) If a child is adjudicated a delinquent child for | 510 |
committing an act that would be a felony if committed by an adult | 511 |
and if the
child caused, attempted to cause, threatened to
cause, | 512 |
or created a risk of physical harm to the victim of the
act, the | 513 |
court, prior to issuing an order of disposition under
this | 514 |
section, shall order the preparation of a victim impact
statement | 515 |
by the probation department of the county in which the
victim of | 516 |
the act resides, by the court's own probation department, or by a | 517 |
victim assistance program that is operated by the state, a county, | 518 |
a municipal
corporation, or another governmental entity. The court | 519 |
shall
consider the victim impact statement in determining the | 520 |
order of
disposition to issue for the child. | 521 |
(2) Each victim impact statement shall identify the victim | 522 |
of the
act for which the child was adjudicated a delinquent child, | 523 |
itemize any
economic loss suffered by the victim as a result of | 524 |
the act,
identify any physical injury suffered by the victim as a | 525 |
result of
the act and the seriousness and permanence of the | 526 |
injury, identify
any change in the victim's personal welfare or | 527 |
familial
relationships as a result of the act and any | 528 |
psychological impact
experienced by the victim or the victim's | 529 |
family as a result of the act, and
contain any other
information | 530 |
related to the impact of the act upon the victim that the
court | 531 |
requires. | 532 |
(3) A victim impact statement shall be kept confidential and | 533 |
is
not a public record. However, the court may furnish copies of | 534 |
the statement
to the department of youth services if the | 535 |
delinquent child
is committed to the department or to both the | 536 |
adjudicated
delinquent child or the adjudicated delinquent child's | 537 |
counsel and
the prosecuting attorney. The copy of a victim impact | 538 |
statement
furnished by the court to the department pursuant to | 539 |
this section
shall be kept confidential and is not a public | 540 |
record. The copies of a victim
impact statement that are made | 541 |
available to the adjudicated delinquent child or the adjudicated | 542 |
delinquent child's counsel and the
prosecuting attorney pursuant | 543 |
to this division shall be returned to the
court by the person to | 544 |
whom they were made available
immediately following the imposition | 545 |
of an order of disposition for the
child under this chapter. | 546 |
(E) If a child is adjudicated a delinquent child for being a | 550 |
chronic
truant or an habitual truant who previously has been | 551 |
adjudicated an
unruly child for being an habitual truant and the | 552 |
court determines that
the parent, guardian, or other person having | 553 |
care of the child has
failed to cause the child's attendance at | 554 |
school in violation of
section 3321.38 of the Revised Code, in | 555 |
addition to any
order of
disposition it makes under this section, | 556 |
the court shall warn the
parent, guardian, or other person having | 557 |
care of the child that
any subsequent adjudication of the child as | 558 |
an unruly or
delinquent child for being an habitual or chronic | 559 |
truant may
result in a criminal charge against the parent, | 560 |
guardian, or other
person having care of the child for a violation | 561 |
of division (C) of
section 2919.21 or section 2919.24 of the | 562 |
Revised Code. | 563 |
(F)(1) During the period of a delinquent child's community | 564 |
control granted under this section, authorized probation officers | 565 |
who are
engaged within the scope of their supervisory duties
or | 566 |
responsibilities may search, with or without a warrant, the
person | 567 |
of the delinquent child, the place of residence of the
delinquent | 568 |
child, and a motor vehicle, another item of tangible or
intangible | 569 |
personal property, or other real property in which the
delinquent | 570 |
child has a right, title, or interest or for which the
delinquent | 571 |
child has the express or implied permission of a person with a | 572 |
right, title, or interest to use, occupy, or possess if the | 573 |
probation officers
have reasonable grounds to believe that the | 574 |
delinquent child is not abiding by
the law or otherwise is not | 575 |
complying with the conditions of the
delinquent child's community | 576 |
control. The court that places a
delinquent child on community | 577 |
control under this section shall
provide the delinquent child with | 578 |
a written notice that informs
the delinquent child that authorized | 579 |
probation officers who are
engaged within the scope of their | 580 |
supervisory duties or responsibilities may
conduct those types of | 581 |
searches during the period of community control if they
have | 582 |
reasonable grounds to believe that the delinquent child is
not | 583 |
abiding by the law or otherwise is not complying with the | 584 |
conditions of the delinquent child's community control. The court | 585 |
also shall provide the written notice described in division
(E)(2) | 586 |
of this section to each
parent, guardian, or custodian of the | 587 |
delinquent child who is described in
that
division. | 588 |
(2) The court that places a child on community control under | 589 |
this
section shall provide the child's parent, guardian, or other | 590 |
custodian
with a written notice that informs them that authorized | 591 |
probation
officers may conduct searches pursuant to division | 592 |
(E)(1) of this
section. The notice shall specifically state that | 593 |
a permissible
search might extend to a motor vehicle, another item | 594 |
of tangible
or intangible personal property, or a place of | 595 |
residence or other
real property in which a notified parent, | 596 |
guardian, or custodian
has a right, title, or interest and that | 597 |
the parent, guardian, or
custodian expressly or impliedly permits | 598 |
the child to use, occupy,
or possess. | 599 |
(G) If a juvenile court commits a delinquent child to the | 600 |
custody of any person, organization, or entity pursuant to this | 601 |
section and if the delinquent act for which the child is so | 602 |
committed is a sexually oriented offense, the court in the order | 603 |
of disposition
shall inform the person, organization, or entity | 604 |
that it is the
preferred course of action in this state that the | 605 |
child be
provided treatment as described in division (F) of | 606 |
section 2152.18
of the Revised Code and shall encourage the | 607 |
person, organization,
or entity to provide that treatment. | 608 |
Sec. 2152.22. (A)
When a child is committed to the legal | 622 |
custody
of the department of youth services under this chapter, | 623 |
the juvenile court
relinquishes control with respect to the child | 624 |
so committed, except as
provided in
divisions (B), (C), and (G) of | 625 |
this section
or in sections 2152.82 to 2152.85 of the Revised | 626 |
Code.
Subject to divisions (B) and (C) of this section,
sections | 627 |
2151.353 and 2151.412 to 2151.421 of the Revised Code,
sections | 628 |
2152.82 to 2152.85 of the Revised Code,
and
any
other
provision of | 629 |
law that specifies a different duration
for a
dispositional order, | 630 |
all other dispositional orders made by
the
court under
this | 631 |
chapter shall be
temporary and
shall continue
for
a period that is | 632 |
designated by the court in its
order, until
terminated or modified | 633 |
by the court or until
the child attains
twenty-one years of age. | 634 |
(2) If the department of youth services desires to release a | 664 |
child during a period specified in division (B)(1) of this | 665 |
section, it shall request the court that committed the child to | 666 |
grant a
judicial release of the child to court supervision.
During | 667 |
whichever of those
periods is applicable, the child or the
parents | 668 |
of
the child also may request that court to grant a
judicial | 669 |
release
of the child to court supervision. Upon receipt
of a | 670 |
request for
a judicial release to court supervision from the | 671 |
department, the
child, or the child's parent, or upon its own | 672 |
motion, the court
that committed the child shall do one of the | 673 |
following: approve
the release by journal entry; schedule within | 674 |
thirty days after the request is
received a time for a hearing on | 675 |
whether the child is to be released; or reject
the request by | 676 |
journal entry without conducting a hearing. | 677 |
If the court rejects an initial request for a release under | 678 |
this
division by the child or the child's parent, the child or the | 679 |
child's
parent may make one additional request for a judicial | 680 |
release to
court supervision within the applicable period. The | 681 |
additional
request may be made no earlier than thirty days after | 682 |
the filing
of the prior request for a judicial release to court | 683 |
supervision. Upon the filing of a second request
for a judicial | 684 |
release to court supervision, the court shall either approve or | 685 |
disapprove the release
by journal entry or schedule within thirty | 686 |
days after the request
is received a time for a hearing on whether | 687 |
the child is to be
released. | 688 |
If the court approves the release, it shall order its staff | 699 |
to
prepare a written treatment and rehabilitation plan for the | 700 |
child that
may include any conditions of the child's release that | 701 |
were
recommended by the department and approved by the court. The | 702 |
committing court shall send the juvenile
court of the county in | 703 |
which the child is placed a copy of the
recommended plan. The | 704 |
court of the
county in which the child is placed may adopt the | 705 |
recommended
conditions set by the committing court as an order of | 706 |
the court
and may add any additional consistent conditions it | 707 |
considers
appropriate. If a child is granted a judicial release | 708 |
to court
supervision, the release discharges the child from the | 709 |
custody of
the department of youth services. | 710 |
(2) If the department of youth services desires to release a | 733 |
child during a period specified in division (C)(1) of this | 734 |
section, it shall request the court that committed the child to | 735 |
grant a
judicial release to department of youth services | 736 |
supervision. During whichever of those periods is applicable, the | 737 |
child or the child's parent also may request the court that | 738 |
committed the child to grant a judicial release to department of | 739 |
youth services supervision. Upon receipt of a request for | 740 |
judicial release to department of youth services supervision, the | 741 |
child, or
the child's parent, or upon its own motion at any time | 742 |
during
that period, the court shall do one of the following: | 743 |
approve the release by
journal entry; schedule a time within | 744 |
thirty days after receipt of the request
for a hearing on whether | 745 |
the child is to be released; or reject
the request by journal | 746 |
entry without conducting a hearing. | 747 |
If the court rejects an initial request for release under | 748 |
this
division by the child or the child's parent, the child or the | 749 |
child's
parent may make one or more subsequent requests for a | 750 |
release
within the applicable period, but may make no more than | 751 |
one request during
each period of ninety
days that the child is in | 752 |
a secure department facility after the filing of a
prior request | 753 |
for early
release. Upon the filing of a request for release under | 754 |
this
division subsequent to an initial request, the court shall | 755 |
either
approve or disapprove the release by journal entry or | 756 |
schedule a
time within thirty days after receipt of the request | 757 |
for a hearing
on whether the child is to be released. | 758 |
If the court approves the judicial release to department of | 767 |
youth
services supervision, the department shall prepare a written | 768 |
treatment and rehabilitation plan for the child pursuant to | 769 |
division
(E) of this section that shall include the conditions of | 770 |
the child's release. It shall send the committing court and the | 771 |
juvenile court of the
county in which the child is placed a copy | 772 |
of the plan. The court of the county in which
the child is placed | 773 |
may adopt the conditions set by the department
as an order of the | 774 |
court and may add any additional consistent
conditions it | 775 |
considers appropriate, provided that the court may
not add any | 776 |
condition that decreases the level or degree of
supervision | 777 |
specified by the department in its plan, that
substantially | 778 |
increases the financial burden of supervision that will be | 779 |
experienced by the department, or that alters the placement | 780 |
specified by the
department in its plan. If the court of the | 781 |
county in which the child is
placed adds to the department's plan | 782 |
any additional conditions, it
shall enter those additional | 783 |
conditions in its journal and shall
send to the department a copy | 784 |
of the journal entry of the
additional conditions. | 785 |
If the court approves the judicial release to department of | 786 |
youth
services supervision, the actual date on which the | 787 |
department
shall release the child is contingent upon the | 788 |
department finding
a suitable placement for the child. If the | 789 |
child is to be
returned to the child's home, the department shall | 790 |
return the
child on the date that the court schedules for the | 791 |
child's release
or shall bear the expense of any additional time | 792 |
that the child
remains in a department facility. If the child is | 793 |
unable to
return to the child's home, the department shall | 794 |
exercise
reasonable diligence in finding a suitable placement for | 795 |
the
child, and the child shall remain in a department facility | 796 |
while the
department finds the suitable placement. | 797 |
If that court determines at the hearing that the child | 807 |
violated
any of the post-release conditions, the court, if it | 808 |
determines that the
violation was a serious violation, may order | 809 |
the child to be returned to
the department for | 810 |
institutionalization, consistent with the
original order of | 811 |
commitment of the child, or in any case may make
any other | 812 |
disposition of the child authorized by law that the court | 813 |
considers proper. If the court of
the county in which the child | 814 |
is placed orders the child to be returned to a department of youth | 815 |
services institution, the time during which the child was held in | 816 |
a secure department facility prior to the child's judicial release | 817 |
shall be considered as time served in fulfilling the prescribed | 818 |
period of institutionalization that is applicable to the child | 819 |
under the child's original order of commitment. If the court | 820 |
orders the child returned to a department institution, the child | 821 |
shall remain
in institutional care for a minimum of three months | 822 |
or until the child
successfully completes a revocation program of | 823 |
a duration of not less than
thirty days operated either by the | 824 |
department or by an entity with
which the department has | 825 |
contracted to provide a revocation
program. | 826 |
(F) The department of youth services shall file a written | 848 |
progress report with the committing court regarding each child | 849 |
released
pursuant to division (C) of this section at least
once | 850 |
every thirty days unless specifically directed otherwise by the | 851 |
court.
The report shall
indicate the treatment and rehabilitative | 852 |
progress of the child and the
child's family, if
applicable, and | 853 |
shall include any suggestions for altering the
program, custody, | 854 |
living arrangements, or treatment. The
department shall retain | 855 |
legal custody of a child so released until
it discharges the child | 856 |
or until the custody is terminated as
otherwise provided by law. | 857 |
Sec. 2152.82. (A) If a child is adjudicated a delinquent | 867 |
child for committing on or after the effective date of this | 868 |
section a sexually oriented offense, the juvenile court judge who | 869 |
adjudicates the child a delinquent child shall issue an order that | 870 |
classifies the child a juvenile sex offender registrant and | 871 |
specifies that the child has a duty to register under section | 872 |
2950.04 of the Revised Code ifthe delinquent child was fourteen, | 873 |
fifteen, sixteen, or seventeen years of
age at the time of | 874 |
committing the offense, and the delinquent
child previously was | 875 |
adjudicated a delinquent child for committing
any sexually | 876 |
oriented offense, regardless of when the prior
offense was | 877 |
committed and regardless of the delinquent child's age
at the time | 878 |
of committing the offense. | 879 |
Sec. 2152.83. (A) If a child is adjudicated a delinquent | 919 |
child for committing on or after the effective date of this | 920 |
section a sexually oriented offense, if the child was sixteen or | 921 |
seventeen years of age at the time of committing the offense, and | 922 |
if the juvenile court judge was not required to classify the child | 923 |
a juvenile sex offender registrant under section 2152.82 of the | 924 |
Revised Code, upon the child's discharge or release from a secure | 925 |
facility or at the time of disposition if the judge does not | 926 |
commit the child to the custody of a secure facility, the juvenile | 927 |
court judge who adjudicated the child a delinquent child, or that | 928 |
judge's successor in office, shall issue an order that classifies | 929 |
the child a juvenile sex offender registrant and specifies that | 930 |
the child has a duty to register under section 2950.04 of the | 931 |
Revised Code. Prior to issuing the order, the judge shall conduct | 932 |
the hearing and make the determinations required by, and otherwise | 933 |
comply with, divisions (B) and (E) of section 2950.09 of the | 934 |
Revised Code. When a judge issues an order under division (A) of | 935 |
this section, the judge shall include in the order any | 936 |
determination that the delinquent child is a sexual predator or is | 937 |
a habitual sex offender that the judge makes pursuant to division | 938 |
(B) or (E) of section 2950.09 of the Revised Code and any related | 939 |
information required or authorized under the division under which | 940 |
the determination is made, including, but not limited to, any | 941 |
requirement imposed by the court subjecting a child who is a | 942 |
habitual sex offender to community notification provisions as | 943 |
described in division (E) of that section. | 944 |
(B) If a child is adjudicated a delinquent child for | 945 |
committing on or after the effective date of this section a | 946 |
sexually oriented offense, if the delinquent child was fourteen or | 947 |
fifteen years of age at the time of committing the offense, and if | 948 |
the juvenile court judge was not required to classify the child a | 949 |
juvenile sex offender registrant under section 2152.82 of the | 950 |
Revised Code, upon the child's discharge or release from a secure | 951 |
facility or at the time of disposition if the judge does not | 952 |
commit the child to the custody of a secure facility, the juvenile | 953 |
court judge who adjudicated the child a delinquent child, or that | 954 |
judge's successor in office, may, on the judge's own motion, | 955 |
conduct a hearing to review the effectiveness of the disposition | 956 |
and of any treatment provided for a child placed in a secure | 957 |
setting and to determine whether the child should be classified a | 958 |
juvenile sex offender registrant. The judge may conduct the | 959 |
hearing on the judge's own initiative or based upon a | 960 |
recommendation of an officer or employee of the department of | 961 |
youth services, a probation officer, an employee of the court, or | 962 |
a prosecutor or law enforcement officer. If the judge conducts | 963 |
the hearing, upon completion of the hearing, the judge, in the | 964 |
judge's discretion and after consideration of the factors listed | 965 |
in division (E) of this section, shall do either of the following: | 966 |
(C) A judge may issue an order under division (B) of this | 978 |
section that contains a determination that a delinquent child is a | 979 |
sexual predator only if the judge, in accordance with the | 980 |
procedures specified in division (B) of section 2950.09 of the | 981 |
Revised Code, determines at the hearing by clear and convincing | 982 |
evidence that the child is a sexual predator. A judge may issue | 983 |
an order under division (B) of this section that contains a | 984 |
determination that a delinquent child is a habitual sex offender | 985 |
only if the judge determines at the hearing as described in | 986 |
division (E) of section 2950.09 of the Revised Code that the child | 987 |
is a habitual sex offender. If the judge issues an order under | 988 |
division (B) of this section that contains a determination that a | 989 |
delinquent child is a habitual sex offender, the judge may impose | 990 |
a requirement subjecting the child to community notification | 991 |
provisions as described in division (E) of section 2950.09 of the | 992 |
Revised Code. | 993 |
(D) If a judge issues an order under division (A) or (B) of | 994 |
this section, the judge shall provide to the delinquent child and | 995 |
to the delinquent child's parent, guardian, or custodian a copy of | 996 |
the order and a notice containing the information described in | 997 |
divisions (A) and (B) of section 2950.03 of the Revised Code. The | 998 |
judge shall provide the notice at the time of the issuance of the | 999 |
order, shall provide the notice as described in division (B)(1)(c) | 1000 |
of that section, and shall comply with divisions (B)(1), (B)(2), | 1001 |
and (C) of that section regarding that notice. | 1002 |
(d) If the order was issued under division (B) of section | 1088 |
2152.83 of the Revised Code and includes a determination by the | 1089 |
judge that the delinquent child is a sexual predator, enter an | 1090 |
order that contains a determination that the delinquent child no | 1091 |
longer is a sexual predator and that also contains a determination | 1092 |
that the delinquent child is a habitual sex offender, a | 1093 |
determination that the delinquent child remains a juvenile sex | 1094 |
offender registrant but is not a sexual predator or habitual sex | 1095 |
offender, or a determination that specifies that the delinquent | 1096 |
child no longer is a juvenile sex offender registrant and no | 1097 |
longer has a duty to register under section 2950.04 of the Revised | 1098 |
Code; | 1099 |
(e) If the order was issued under division (B) of section | 1100 |
2152.83 of the Revised Code and does not include a sexual
predator | 1101 |
determination as described in division (A)(2)(d) of this
section | 1102 |
but includes a determination by the judge that the
delinquent | 1103 |
child is a habitual sex offender, enter an order that
contains a | 1104 |
determination that the child no longer is a habitual
sex offender | 1105 |
and that also contains either a determination that
the child | 1106 |
remains a juvenile sex offender registrant but is not a
sexual | 1107 |
predator or habitual sex offender or a determination that | 1108 |
specifies that the child no longer is a juvenile sex offender | 1109 |
registrant and no longer has a duty to register under section | 1110 |
2950.04 of the Revised Code; | 1111 |
A judge may issue an order under division (A)(2) of this | 1126 |
section that contains a determination that a child no longer is a | 1127 |
sexual predator only if the judge, in accordance with the | 1128 |
procedures specified in division (D)(1) of section 2950.09 of the | 1129 |
Revised Code, determines at the hearing by clear and convincing | 1130 |
evidence that the delinquent child is unlikely to commit a | 1131 |
sexually oriented offense in the future. If the judge issues an | 1132 |
order of that type, the judge shall provide the notifications | 1133 |
described in division (D)(1) of section 2950.09 of the Revised | 1134 |
Code, and the recipient of the notification shall comply with the | 1135 |
provisions of that division. | 1136 |
(C) If a judge issues an order under any provision of | 1137 |
division (A)(2) of this section, the judge shall provide
to the | 1138 |
delinquent child and to the delinquent child's parent,
guardian, | 1139 |
or custodian a copy of the order and a notice containing
the | 1140 |
information described in divisions (A) and
(B) of section 2950.03 | 1141 |
of the Revised Code. The judge shall
provide the notice at the | 1142 |
time of the issuance of the order, shall
provide the notice as | 1143 |
described in division (B)(1)(c) of that
section, and shall comply | 1144 |
with divisions (B)(1), (B)(2),
and (C)
of that section regarding | 1145 |
that notice. | 1146 |
(1) If the order containing the juvenile sex offender | 1168 |
registrant classification also includes a determination by the | 1169 |
juvenile court judge that the delinquent child is a sexual | 1170 |
predator relative to the sexually oriented offense in the manner | 1171 |
described in
section 2152.82 or 2152.83 of the Revised Code and | 1172 |
that
determination remains in effect, to enter an order that | 1173 |
contains a
determination that the child no longer is a sexual | 1174 |
predator and
that also contains either a determination that the | 1175 |
child is a
habitual sex offender or a determination that the child | 1176 |
remains a
juvenile sex offender registrant but is not a sexual | 1177 |
predator or
habitual sex offender; | 1178 |
(2) If the order containing the juvenile sex offender | 1179 |
registrant classification under section 2152.82 or 2152.83 of the | 1180 |
Revised Code or under division (C)(2) of this section pursuant to | 1181 |
a petition filed under division (A) of this section does not | 1182 |
include a sexual predator
determination as described in division | 1183 |
(A)(1) of this section but
includes a determination by the | 1184 |
juvenile court judge that the
delinquent child is a habitual sex | 1185 |
offender relative to the sexually oriented
offense in the manner | 1186 |
described in section 2152.82 or 2152.83 of
the Revised Code, or in | 1187 |
this section, and that determination
remains in effect, to enter | 1188 |
an order that contains a determination
that the child no longer is | 1189 |
a habitual sex offender and that also
contains either a | 1190 |
determination that the child remains a juvenile
sex
offender | 1191 |
registrant or a determination that the child no longer is a | 1192 |
juvenile sex offender registrant and no longer has a duty to | 1193 |
register under section 2950.04 of the Revised Code; | 1194 |
A judge may issue an order under division (C) of this section | 1243 |
that contains a determination that a child no longer is a sexual | 1244 |
predator only if the judge conducts a hearing and, in accordance | 1245 |
with the procedures specified in division (D)(1) of section | 1246 |
2950.09 of the Revised Code, determines at the hearing by clear | 1247 |
and convincing evidence that the delinquent child is unlikely to | 1248 |
commit a sexually oriented offense in the future. If the judge | 1249 |
issues an order of that type, the judge shall provide the | 1250 |
notifications described in division (D)(1) of section 2950.09 of | 1251 |
the Revised Code, and the recipient of the notification shall | 1252 |
comply with the provisions of that division. | 1253 |
(E) If a judge issues an order under division (C) of this | 1263 |
section, the judge shall provide to the delinquent child and to | 1264 |
the delinquent child's parent, guardian, or custodian a copy of | 1265 |
the order and a notice containing the information described in | 1266 |
divisions (A) and (B) of section 2950.03 of
the Revised Code. The | 1267 |
judge shall provide the notice at the time
of the issuance of the | 1268 |
order, shall provide the notice as
described
in division (B)(1)(c) | 1269 |
of section 2950.03 of the Revised
Code, and
shall comply with | 1270 |
divisions (B)(1), (B)(2), and (C) of
that section regarding that | 1271 |
notice. | 1272 |
(4)(5) Regardless of when the sexually oriented offense was | 1445 |
committed, the offender
or delinquent child is convicted of or | 1446 |
pleads guilty to,
or
has been convicted of or pleaded guilty to, | 1447 |
or is adjudicated a
delinquent child for committing a sexually | 1448 |
oriented offense in
another state or in a federal court, military | 1449 |
court, or an Indian
tribal court, as a result of that conviction | 1450 |
or, plea of guilty,
or adjudication, the offender
or delinquent | 1451 |
child is required,
under the law of the jurisdiction in which the | 1452 |
offender was
convicted or pleaded guilty
or the delinquent child | 1453 |
was
adjudicated, to register as a sex offender until the | 1454 |
offender's
or
delinquent child's death and to verify the | 1455 |
offender's
or
delinquent child's address on at least a quarterly | 1456 |
basis each
year, and, on or after July 1, 1997,
for offenders or | 1457 |
the effective date of this amendment for delinquent children the | 1458 |
offender
or
delinquent
child moves to and resides in this state or | 1459 |
temporarily
is
domiciled in this state for more than seven days, | 1460 |
unless a
court
of common pleas
or juvenile court determines that | 1461 |
the offender
or delinquent
child
is not a sexual predator pursuant | 1462 |
to division (F) of section
2950.09 of the Revised Code. | 1463 |
(J) "Juvenile sex offender registrant" means a person who is | 1470 |
adjudicated a delinquent child for committing on or after the | 1471 |
effective date of this amendment a sexually oriented offense, who | 1472 |
is fourteen years of age or older at the time of committing the | 1473 |
offense, and who a juvenile court judge, pursuant to an order | 1474 |
issued under section 2152.82,
2152.83, 2152.84, or 2152.85 of the | 1475 |
Revised Code, classifies as a
juvenile sex offender registrant and | 1476 |
specifies has a duty to
register under section 2950.04 of the | 1477 |
Revised Code. | 1478 |
(1) If the public is provided adequate notice and | 1495 |
information about
sexual predators, habitual sex offenders, and | 1496 |
certain
other offenders
and delinquent children who
commit | 1497 |
sexually oriented offenses, members of the public
and
communities | 1498 |
can
develop constructive plans to prepare themselves
and their | 1499 |
children for the
sexual predator's, habitual sex
offender's, or | 1500 |
other offender's
or
delinquent child's
release from
imprisonment, | 1501 |
a prison term, or other
confinement
or detention.
This allows | 1502 |
members of the public and
communities to meet with
members of law | 1503 |
enforcement agencies to prepare and obtain
information about
the | 1504 |
rights and responsibilities of the public
and the communities and | 1505 |
to
provide education and counseling to
their children. | 1506 |
(B) The general assembly hereby
declares that, in providing | 1534 |
in this chapter for registration regarding
sexual predators, | 1535 |
habitual sex offenders, and offenders
and certain
delinquent | 1536 |
children who
have
committed sexually oriented offenses and for | 1537 |
community
notification regarding
sexual predators
and habitual sex | 1538 |
offenders
who are about to be or have been released from | 1539 |
imprisonment, a
prison term, or other confinement
or detention and | 1540 |
who
will live
in
or near
a particular neighborhood or who | 1541 |
otherwise will live in
or near a particular
neighborhood, it is | 1542 |
the general assembly's
intent to protect the safety and
general | 1543 |
welfare of the people of
this state. The general assembly further | 1544 |
declares that it is the
policy of this state to require the | 1545 |
exchange in
accordance with
this chapter of relevant information | 1546 |
about sexual predators
and
habitual sex offenders among public | 1547 |
agencies and
officials and to
authorize the release in accordance | 1548 |
with this chapter of
necessary
and relevant information about | 1549 |
sexual predators and
habitual sex
offenders to members of the | 1550 |
general public as a means of
assuring
public protection and that | 1551 |
the exchange or release of that
information is not punitive. | 1552 |
Sec. 2950.03. (A) Each person who has been convicted of, is | 1553 |
convicted of, has pleaded guilty to, or pleads guilty to a | 1554 |
sexually oriented
offense and who has a duty to register pursuant | 1555 |
to section 2950.04
of the Revised Code, and each person who is | 1556 |
adjudicated a delinquent child for
committing a
sexually oriented | 1557 |
offense and who is classified pursuant to section 2152.82 or | 1558 |
division (A) of section 2152.83
of the Revised Code a juvenile
sex | 1559 |
offender registrant based on
that adjudication, shall be
provided | 1560 |
notice in accordance with
this section of the offender's
or | 1561 |
delinquent child's duty to
register under
that section
2950.04
of | 1562 |
the Revised Code, the offender's
or delinquent child's
duty to | 1563 |
provide notice of any change in the offender's
or
delinquent | 1564 |
child's residence address and to register the new
residence | 1565 |
address pursuant to section 2950.05 of the Revised Code,
and the | 1566 |
offender's
or delinquent child's duty to periodically
verify the | 1567 |
offender's
or delinquent child's residence address
pursuant to | 1568 |
section 2950.06 of the Revised Code. The following
official shall | 1569 |
provide the notice to the offender
or delinquent
child at the | 1570 |
following time: | 1571 |
(1) Regardless of when the offender committed the sexually | 1572 |
oriented offense, if the
person is an offender
who is sentenced | 1573 |
for the sexually
oriented offense to a prison term, a term of | 1574 |
imprisonment, or any
other type of confinement, and if, on or | 1575 |
after January 1, 1997,
the offender is serving that term or is | 1576 |
under that confinement,
the official in charge of the jail, | 1577 |
workhouse, state correctional
institution, or other institution in | 1578 |
which the offender serves the
prison term, term of imprisonment, | 1579 |
or confinement, or a designee
of that official, shall provide the | 1580 |
notice to the offender before
the offender is released pursuant to | 1581 |
any type of supervised
release or before the offender otherwise is | 1582 |
released from the
prison term, term of imprisonment, or | 1583 |
confinement. | 1584 |
(3) If the
person is an offender
who committed the sexually | 1591 |
oriented offense
prior to January 1, 1997, if neither division | 1592 |
(A)(1) nor division
(A)(2) of this section applies, and if, | 1593 |
immediately prior to
January 1, 1997, the offender was a habitual | 1594 |
sex offender who was
required to register under Chapter 2950. of | 1595 |
the Revised Code, the
chief of police or sheriff with whom the | 1596 |
offender most recently
registered under that chapter, in the | 1597 |
circumstances described in
this division, shall provide the notice | 1598 |
to the offender. If the
offender has registered with a chief of | 1599 |
police or sheriff under
Chapter 2950. of the Revised Code as it | 1600 |
existed prior to January
1, 1997, the chief of police or sheriff | 1601 |
with whom the offender
most recently registered shall provide the | 1602 |
notice to the offender
as soon as possible after January 1, 1997, | 1603 |
as described in
division (B)(1) of this section. If the offender | 1604 |
has not
registered with a chief of police or sheriff under that | 1605 |
chapter,
the failure to register shall constitute a waiver by the | 1606 |
offender
of any right to notice under this section. If an | 1607 |
offender
described in this division does not receive notice under | 1608 |
this
section, the offender is not relieved of the duty to | 1609 |
register, the
duty to provide notice of any change in residence | 1610 |
address and to
register the new residence address, and the duty to | 1611 |
periodically
verify the residence address, as described in | 1612 |
division (A) of this
section. | 1613 |
(a) If the notice is provided
to an offender under division | 1634 |
(A)(3) of this
section, the notice shall be on a form that is | 1635 |
prescribed by the
bureau of criminal identification and | 1636 |
investigation and that
states the offender's duties to register, | 1637 |
to register a new
residence address, and to periodically verify a | 1638 |
residence address
and that, if the offender has any questions | 1639 |
concerning these
duties, the offender may contact the chief of | 1640 |
police or sheriff
who sent the form for an explanation of the | 1641 |
duties. If the
offender appears in person before the chief of | 1642 |
police or sheriff,
the chief or sheriff shall provide the notice | 1643 |
as described in
division (B)(1)(a) of this section, and all | 1644 |
provisions of this
section that apply regarding a notice provided | 1645 |
by an official,
official's designee, or judge in that manner shall | 1646 |
be applicable. | 1647 |
(b) If the notice is provided
to an offender under division | 1648 |
(A)(1), (2), or
(4) of this section, the official, official's | 1649 |
designee, or judge
shall require the offender to read and sign a | 1650 |
form prescribed by
the bureau of criminal identification and | 1651 |
investigation, stating
that the offender's duties to register, to | 1652 |
register a new
residence address, and to periodically verify a | 1653 |
residence address
have been explained to the offender. If the | 1654 |
offender is unable to
read, the official, official's designee, or | 1655 |
judge shall certify on
the form that the official, designee, or | 1656 |
judge specifically
informed the offender of those duties and that | 1657 |
the offender
indicated an understanding of those duties. | 1658 |
(c)
If the notice is provided
to a delinquent child under | 1659 |
division
(A)(5) of this
section, the
judge shall require the | 1660 |
delinquent child and the
delinquent child's parent,
guardian, or | 1661 |
custodian to read and sign
a form prescribed by the
bureau of | 1662 |
criminal identification and
investigation, stating
that the | 1663 |
delinquent child's duties to
register, to register a new
residence | 1664 |
address, and to periodically
verify a residence
address have been | 1665 |
explained to the delinquent
child and to the delinquent child's | 1666 |
parent, guardian, or custodian.
If the delinquent child or the | 1667 |
delinquent child's parent,
guardian, or custodian is unable to | 1668 |
read, the
judge shall certify
on the form that the judge | 1669 |
specifically
informed the delinquent
child or the delinquent | 1670 |
child's parent, guardian, or
custodian of
those duties and that | 1671 |
the delinquent child or the
delinquent
child's parent, guardian, | 1672 |
or custodian indicated an
understanding
of those duties. | 1673 |
(d) For any notice provided under division (A) of this | 1674 |
section, the form used shall contain all of the information | 1675 |
required by the bureau of criminal identification and | 1676 |
investigation, including, but not limited to,
a statement that the | 1677 |
subject delinquent child if applicable has been classified by the | 1678 |
adjudicating juvenile court judge or the judge's successor in | 1679 |
office a juvenile sex offender
registrant and has a duty to | 1680 |
register, a statement as to
whether
the offender
or delinquent | 1681 |
child has been adjudicated as
being a
sexual predator relative to | 1682 |
the sexually oriented offense
in
question, a statement as to | 1683 |
whether the offender
or delinquent
child has been determined to be | 1684 |
a habitual sex offender, an
explanation of the periodic residence | 1685 |
address verification process
and of the frequency with which the | 1686 |
offender
or delinquent child
will be required to verify the | 1687 |
residence address under that
process, and a statement that the | 1688 |
offender
or delinquent child
must verify the residence address at | 1689 |
the times specified under
that process or face criminal | 1690 |
prosecution
or a delinquent child
proceeding. | 1691 |
(d)(e) If the notice is provided under division (A)(4) of | 1692 |
this section,
in addition to all other information contained on | 1693 |
it, the form also shall include a statement that the
notice | 1694 |
replaces any notice previously provided to the offender
under | 1695 |
division (A)(1) of this section, a statement that the
offender's | 1696 |
duties described in this notice supersede the duties
described in | 1697 |
the prior notice, and a statement notifying the
offender that, if | 1698 |
the offender already has registered under
section 2950.04 of the | 1699 |
Revised Code, the offender must register
again pursuant to | 1700 |
division (A)(6) of that section. | 1701 |
(2)(a) After an offender described in division (A)(1), (2), | 1723 |
or (4) of this section has signed the form described in division | 1724 |
(B)(1) of this section or the official, official's designee, or | 1725 |
judge has certified on
itthe form that
itthe form has been | 1726 |
explained to the offender and that the offender indicated an | 1727 |
understanding of the duties indicated on it, the official, | 1728 |
official's designee, or judge shall give one copy of the form to | 1729 |
the offender, within three days shall send one copy of the form to | 1730 |
the bureau of criminal identification and investigation in | 1731 |
accordance with the procedures adopted pursuant to section 2950.13 | 1732 |
of the Revised Code, and shall send one copy of the form to the | 1733 |
sheriff of the county in which the offender expects to reside. | 1734 |
After | 1735 |
(c) After a delinquent child described in division
(A)(5) of | 1741 |
this section and the
delinquent child's parent, guardian, or | 1742 |
custodian have signed the form
described in division (B)(1) of | 1743 |
this section or the judge has certified on the form that the
form | 1744 |
has been explained to the delinquent child or the delinquent | 1745 |
child's
parent, guardian, or custodian and that the delinquent | 1746 |
child or the
delinquent child's parent, guardian, or custodian | 1747 |
indicated an
understanding of the duties and information indicated | 1748 |
on the form,
the judge
shall give a copy of the form to both the | 1749 |
delinquent
child and to the
delinquent child's parent, guardian, | 1750 |
or
custodian, within three days
shall send one copy of the form to | 1751 |
the bureau of criminal
identification and investigation in | 1752 |
accordance with the
procedures adopted pursuant to section 2950.13 | 1753 |
of the
Revised
Code, and shall send one copy
of the form to the | 1754 |
sheriff of the county in which the delinquent child
expects to | 1755 |
reside. | 1756 |
(1) If the notice is provided under division (A)(1), (2),
or | 1761 |
(4), or (5) of this section, the official, designee, or judge | 1762 |
shall determine the offender's
or delinquent child's name, | 1763 |
identifying factors, and expected future residence address, shall | 1764 |
obtain the offender's
or delinquent child's criminal
and | 1765 |
delinquency history, and shall obtain a photograph and the | 1766 |
fingerprints of the offender
or delinquent child. If the notice | 1767 |
is provided by a judge under division (A)(2)
or, (4), or (5) of | 1768 |
this section, the sheriff shall provide the offender's
or | 1769 |
delinquent child's criminal
and delinquency history to the judge. | 1770 |
The official, official's designee, or judge shall obtain this | 1771 |
information and these items prior to giving the notice, except | 1772 |
that a judge may give the notice prior to obtaining the offender's | 1773 |
or delinquent child's criminal
and delinquency history. Within | 1774 |
three days after receiving this information and these items, the | 1775 |
official, official's designee, or judge shall forward the | 1776 |
information and items to the bureau of criminal identification and | 1777 |
investigation in accordance with the forwarding procedures adopted | 1778 |
pursuant to section 2950.13 of the Revised Code and to the sheriff | 1779 |
of the county in which the offender
or delinquent child expects to | 1780 |
reside.
If the notice is provided under division (A)(5) of this | 1781 |
section
and if the delinquent child has been committed to the | 1782 |
department
of youth services or to a secure facility, the judge, | 1783 |
in addition
to the other information and items described in this | 1784 |
division,
also shall forward to the bureau and to the sheriff | 1785 |
notification
that the child has been so committed. If it has
not | 1786 |
already done so, the bureau of criminal identification and | 1787 |
investigation shall forward a copy of the fingerprints and | 1788 |
conviction data received under this division to the federal bureau | 1789 |
of investigation. | 1790 |
(2) If the notice is provided under division (A)(3) of this | 1791 |
section, the chief of police or sheriff shall determine the | 1792 |
offender's name, identifying factors, and residence address, shall | 1793 |
obtain the offender's criminal history from the bureau of criminal | 1794 |
identification and investigation, and, to the extent possible, | 1795 |
shall obtain a photograph and the fingerprints of the offender. | 1796 |
Within three days after receiving this information and these | 1797 |
items, the chief or sheriff shall forward the information and | 1798 |
items to the bureau of criminal identification and investigation | 1799 |
in accordance with the forwarding procedures adopted pursuant to | 1800 |
section 2950.13 of the Revised Code and, in relation to a chief of | 1801 |
police, to the sheriff of the county in which the offender | 1802 |
resides. If it has not already done so, the bureau of criminal | 1803 |
identification and investigation shall forward a copy of the | 1804 |
fingerprints and conviction data so received to the federal bureau | 1805 |
of investigation. | 1806 |
(1)(a) Regardless of when the sexually oriented offense was | 1815 |
committed,
if thean offender
who is sentenced for the sexually | 1816 |
oriented
offense to a prison term, a term of imprisonment, or any | 1817 |
other
type of confinement and
if, on or after July 1, 1997,
the | 1818 |
offender
is released in any manner from the prison term, term of | 1819 |
imprisonment, or confinement, within seven days of the offender's | 1820 |
coming into any county in which the offender resides or | 1821 |
temporarily is domiciled for more than seven days, the offender | 1822 |
shall register with the sheriff of that county.; | 1823 |
(3)(c) If the sexually oriented offense was committed prior | 1831 |
to July 1, 1997,
ifand neither division (A)(1)(a) nor division | 1832 |
(A)(2)(1)(b) of this section applies,
and ifan offender who, | 1833 |
immediately prior to
July 1, 1997,
the offender was a habitual sex | 1834 |
offender who was
required to register under Chapter 2950. of the | 1835 |
Revised Code,
within seven days of the offender's coming into any | 1836 |
county in
which the offender resides or temporarily is domiciled | 1837 |
for more
than seven days, the offender shall register with the | 1838 |
sheriff of
that county. | 1839 |
(2)
Each child who is adjudicated a delinquent
child
for | 1840 |
committing
a sexually oriented offense, who is
classified a | 1841 |
juvenile sex offender
registrant
based on that adjudication, and | 1842 |
who
is described in
division
(A)(2) of this section shall
register | 1843 |
personally with the sheriff of the county within seven days of the | 1844 |
delinquent child's coming into a county in which the delinquent | 1845 |
child resides or temporarily is domiciled for more than seven | 1846 |
days.If the delinquent child is committed for the
sexually | 1847 |
oriented offense to the department of youth services or to a | 1848 |
secure facility that is not operated by the department, this duty | 1849 |
begins when the delinquent child
is discharged or released in any | 1850 |
manner from
custody in a
department of youth services secure | 1851 |
facility or from the secure
facility that is not operated
by the | 1852 |
department, if pursuant
to the discharge or release the
delinquent | 1853 |
child is not committed
to any other secure facility of
the | 1854 |
department or any other secure
facility. The delinquent child
does | 1855 |
not have a duty to register under this
division while the child is | 1856 |
in a department of
youth services secure facility or in a secure | 1857 |
facility that is not
operated by the department. | 1858 |
(a)
Regardless of when the sexually oriented offense was | 1865 |
committed,
if divisions (A)(1), (2), and (3) of this section do | 1866 |
not apply,
if the
offendera person who is convicted of
or, pleads | 1867 |
guilty to, or is
adjudicated a delinquent child for committing a | 1868 |
sexually oriented
offense in another state or in a federal court, | 1869 |
military court, or
an Indian tribal court, if, on or after July 1, | 1870 |
1997,
for
offenders, or the effective date of this amendment for | 1871 |
delinquent
children, the offender
or delinquent child moves to and | 1872 |
resides in
this state or
temporarily is domiciled in this state | 1873 |
for more than
seven days,
and if, at the time the offender
or | 1874 |
delinquent child
moves to and
resides in this state or temporarily | 1875 |
is domiciled in
this state
for more than seven days, the offender | 1876 |
or delinquent
child has a
duty to register as a sex offender under | 1877 |
the law of
that other
jurisdiction as a result of the conviction | 1878 |
or, guilty
plea,
within
seven days of the offender's coming into | 1879 |
any
county in which the offender resides or
temporarily is | 1880 |
domiciled for more than
seven days, the offender shall register | 1881 |
with
the sheriff of that countyor adjudication. | 1882 |
(5)(b) Regardless of when the sexually oriented offense was | 1883 |
committed,
if divisions (A)(1), (2), and (3) of this section do | 1884 |
not apply,
if the
offendera person who is convicted of
or, pleads | 1885 |
guilty to, or is
adjudicated a delinquent child for committing a | 1886 |
sexually oriented
offense in another state or in a federal court, | 1887 |
military court, or
an Indian tribal court, if, on or after July 1, | 1888 |
1997,
for
offenders, or the effective date of this amendment for | 1889 |
delinquent
children, the offender
or delinquent child is released | 1890 |
from
imprisonment
or, confinement,
or detention imposed for that | 1891 |
offense, and if, on or after July 1,
1997,
for
offenders, or the | 1892 |
effective date of this amendment for delinquent
children, the | 1893 |
offender
or
delinquent child moves to and resides in
this state or | 1894 |
temporarily
is domiciled in this state for more than
seven days, | 1895 |
within seven
days of the offender's coming
into any
county in | 1896 |
which the offender resides
or
temporarily is domiciled for more | 1897 |
than seven days
the offender shall register with the sheriff
of | 1898 |
that
county.
The duty to register as described in this
division | 1899 |
applies
to an
offender regardless of whether the offender, at the | 1900 |
time of
moving
to and residing in this state or
temporarily being | 1901 |
domiciled in
this state for more than seven
days, has a duty to | 1902 |
register as a
sex offender under the law of
the jurisdiction in | 1903 |
which the
conviction
or guilty plea occurred.
The duty to register | 1904 |
as
described in this division applies to a delinquent child only | 1905 |
if
the delinquent child, at the time of moving to and residing in | 1906 |
this state or temporarily being domiciled in this state for more | 1907 |
than seven days, has a duty to register as a sex offender under | 1908 |
the law of the jurisdiction in which the delinquent child | 1909 |
adjudication occurred or if, had the delinquent child adjudication | 1910 |
occurred in this state, the adjudicating juvenile court judge | 1911 |
would have been required to issue an order classifying the | 1912 |
delinquent child as a juvenile sex offender registrant pursuant to | 1913 |
section 2152.82 or division (A) of section 2152.83 of the Revised | 1914 |
Code. | 1915 |
(5) A person who is adjudicated a delinquent child for | 1925 |
committing a sexually oriented offense is not required to register | 1926 |
under division (A)(2) of this section unless the delinquent child | 1927 |
committed the offense on or after the effective date of this | 1928 |
amendment, is classified a juvenile sex offender
registrant by a | 1929 |
juvenile court judge pursuant to an order issued
under section | 1930 |
2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code based | 1931 |
on
that
adjudication,
and has a duty to register pursuant to | 1932 |
division
(A)(2)
of this section. | 1933 |
(B) An offender
or delinquent child who is required by | 1934 |
division (A) of this section to register personally shall obtain | 1935 |
from the sheriff or from a designee of the sheriff a registration | 1936 |
form that conforms to division (C) of this section, shall complete | 1937 |
and sign the form, and shall return the completed form together | 1938 |
with the offender's
or delinquent child's photograph to the | 1939 |
sheriff or the designee. The sheriff or designee shall sign the | 1940 |
form and indicate on the form the date on which it is so returned. | 1941 |
The registration required under this division is complete when the | 1942 |
offender
or delinquent child returns the form, containing the | 1943 |
requisite information, photograph, signatures, and date, to the | 1944 |
sheriff or designee. | 1945 |
(C) The registration form to be used under divisions (A) and | 1946 |
(B) of this section shall contain the current residence address of | 1947 |
the offender
or delinquent child who is registering, the name and | 1948 |
address of the offender's
or delinquent child's employer, if the | 1949 |
offender
or delinquent child is employed at the time of | 1950 |
registration or if the offender
or delinquent child knows at the | 1951 |
time of registration that the offender
or delinquent child will be | 1952 |
commencing employment with that employer subsequent to | 1953 |
registration, and any other information required by the bureau of | 1954 |
criminal identification and investigation and shall include the | 1955 |
offender's
or delinquent child's photograph. Additionally, if the | 1956 |
offender
or delinquent child has been adjudicated as being a | 1957 |
sexual predator relative to the sexually oriented offense in | 1958 |
question and the court has not subsequently determined pursuant to | 1959 |
division (D) of section 2950.09, section
2152.84, or section | 1960 |
2152.85 of
the Revised Code that the
offender
or delinquent child | 1961 |
no longer
is a sexual predator or if
the
sentencing judge | 1962 |
determined
pursuant to division (C) of
section 2950.09, division | 1963 |
(B) of
section
2152.83, section 2152.84, or section 2152.85 of the | 1964 |
Revised Code that the
offender
or
delinquent child is a habitual | 1965 |
sex offender, and the determination has not been removed pursuant | 1966 |
to section 2152.84 or 2152.85 of the Revised Code, the
offender
or | 1967 |
delinquent child shall include on the signed, written
registration | 1968 |
form all of the following information: | 1969 |
(D)(1) Upon receiving from an offender
or delinquent child | 2021 |
pursuant to
division
(A) of this section notice of a change of the | 2022 |
offender's
or delinquent child's residence address, a sheriff | 2023 |
promptly
shall
forward the new residence address to the bureau of | 2024 |
criminal
identification and investigation in accordance with the | 2025 |
forwarding procedures
adopted pursuant to section 2950.13 of the | 2026 |
Revised Code
if the new residence address is in another state or, | 2027 |
if the offender's
or
delinquent child's new
residence address is | 2028 |
located in another county in this state, to the sheriff
of that | 2029 |
county. The bureau
shall include all information forwarded to it | 2030 |
under this division in the state
registry of sex offenders | 2031 |
established and maintained under section 2950.13 of
the Revised | 2032 |
Code and shall forward
notice of the offender's
or delinquent | 2033 |
child's new residence address to
the appropriate officials in the | 2034 |
other state. | 2035 |
(1) Regardless of when the sexually oriented offense for | 2066 |
which the
offender
or delinquent child is required to
register was | 2067 |
committed, if the
offender
or delinquent child has been | 2068 |
adjudicated as being a sexual
predator relative to the sexually | 2069 |
oriented offense and if the court has not
subsequently entered a | 2070 |
determination pursuant to division (D) of
section 2950.09, section | 2071 |
2152.84, or section 2152.85 of the
Revised Code that the
offender | 2072 |
or delinquent
child no
longer is a
sexual predator, the
offender | 2073 |
or delinquent child shall
verify the
offender's
or
delinquent | 2074 |
child's current
residence address in
accordance with
division (C) | 2075 |
of this section every ninety
days
after the
offender's
or | 2076 |
delinquent child's initial registration
date during
the period the | 2077 |
offender
or delinquent child is
required to
register. | 2078 |
(C)(1) An offender
or delinquent child who is required to | 2086 |
verify the
offender's
or delinquent child's current residence | 2087 |
address pursuant to division
(A) of this section shall verify the | 2088 |
address with the sheriff with
whom the offender
or delinquent | 2089 |
child most recently registered by
personally appearing before the | 2090 |
sheriff or a designee of the sheriff,
no earlier than ten days | 2091 |
before the date on which the verification is required
pursuant to | 2092 |
division (B) of this section
and no later than the date so | 2093 |
required for verification, and completing and
signing a copy of | 2094 |
the verification form prescribed by the bureau of criminal | 2095 |
identification and investigation. The sheriff or
designee shall | 2096 |
sign the completed form and indicate on the form the date on
which | 2097 |
it is so completed.
The verification required under this division | 2098 |
is complete
when the offender
or delinquent child personally | 2099 |
appears before the
sheriff or designee and
completes and signs the | 2100 |
form
as described in this division. | 2101 |
(2) To facilitate the verification of an offender's
or | 2102 |
delinquent
child's
current residence address under division (C)(1) | 2103 |
of this section, the
sheriff with whom the offender
or delinquent | 2104 |
child most recently
registered may mail
a nonforwardable | 2105 |
verification form prescribed by the bureau of
criminal | 2106 |
identification and investigation to the offender's
or delinquent | 2107 |
child's last
reported address
and to the last reported address of | 2108 |
the parents of the
delinquent child, with a notice that | 2109 |
conspicuously
states that the
offender
or delinquent child must | 2110 |
personally appear before the sheriff
or a designee
of the sheriff | 2111 |
to complete the form and the date by which the
form must be so | 2112 |
completed. Regardless of whether a sheriff
mails a form to an | 2113 |
offender
or delinquent child and that child's
parents, each | 2114 |
offender
or delinquent child who is required
to verify the | 2115 |
offender's
or delinquent child's current residence
address | 2116 |
pursuant to
division (A) of this section
shall personally appear | 2117 |
before the sheriff or a designee of the
sheriff to verify the | 2118 |
address in accordance with division
(C)(1) of this section. | 2119 |
(F) No person who is required to verify
a current residence | 2140 |
address pursuant to divisions (A) to (C)
of this section shall | 2141 |
fail to verify a current residence address in
accordance with | 2142 |
those divisions
by the date required for the verification as set | 2143 |
forth in
division (B) of this section,
provided that no person | 2144 |
shall be prosecuted
or subjected to a delinquent child proceeding | 2145 |
for a violation of
this division, and that no parent, guardian, or | 2146 |
custodian of a delinquent child shall be prosecuted for a | 2147 |
violation of section 2919.24 of the Revised Code based on the | 2148 |
delinquent child's violation of this division, prior to the | 2149 |
expiration of the period of time
specified in division (G) of this | 2150 |
section. | 2151 |
(G)(1) If an offender
or delinquent child fails to verify a | 2152 |
current
residence
address as required by divisions (A) to (C) of | 2153 |
this section
by the date required for the verification as set | 2154 |
forth in
division (B) of this section,
the sheriff with whom the | 2155 |
offender
or delinquent child is required to
verify the
current | 2156 |
residence address, on the day following that date
required for the | 2157 |
verification, shall send a written warning to
the offender
or to | 2158 |
the
delinquent child and that child's parents, at the
offender's | 2159 |
or
delinquent child's and that child's parents last known | 2160 |
residence
address,
regarding the offender's
or delinquent child's | 2161 |
duty to
verify the
offender's
or delinquent child's current | 2162 |
residence
address.
The | 2163 |
(f) Conspicuously state that, if the offender
or delinquent | 2185 |
child does
not verify the
current residence address with that | 2186 |
sheriff within that
seven-day-period, the offender
or delinquent | 2187 |
child will be arrested
or taken into custody, as appropriate, and | 2188 |
prosecuted
or subjected to a delinquent child proceeding
for a | 2189 |
failure to timely verify a current residence
address
and the | 2190 |
delinquent child's parent, guardian, or custodian may be | 2191 |
prosecuted for a violation of section 2919.24 of the Revised Code | 2192 |
based on the delinquent child's failure to timely verify a current | 2193 |
residence address. | 2194 |
(2) If an offender
or delinquent child fails to verify a | 2195 |
current
residence
address as required by divisions
(A) to (C) of | 2196 |
this section by the date
required for the verification as set | 2197 |
forth in division
(B) of this section, the
offender
or delinquent | 2198 |
child shall not be prosecuted
or subjected to a delinquent child | 2199 |
proceeding for a violation of
division
(F) of
this section, and | 2200 |
the delinquent child's parent, guardian, or custodian shall not be | 2201 |
prosecuted for a violation of section 2919.24 of the Revised Code | 2202 |
based on the delinquent child's failure to timely verify a current | 2203 |
residence address, unless the
seven-day-period subsequent to that | 2204 |
date
that the offender
or delinquent
child is
provided under | 2205 |
division
(G)(1)
of this section to verify the current residence | 2206 |
address has
expired and the offender
or delinquent child, prior to | 2207 |
the
expiration
of that
seven-day-period, has not verified the | 2208 |
current
residence
address. Upon the expiration of the | 2209 |
seven-day-period
that the
offender
or delinquent child is provided | 2210 |
under division
(G)(1) of this
section to
verify the current | 2211 |
residence address has
expired, if the
offender
or delinquent child | 2212 |
has not verified the
current residence
address, all of the | 2213 |
following apply: | 2214 |
(b) The sheriff with whom the offender
or delinquent child | 2219 |
is required
to verify the current
residence address, the sheriff | 2220 |
of the county in which the offender
or
delinquent child resides, | 2221 |
or
a deputy of the appropriate sheriff, shall locate the offender | 2222 |
or
delinquent child, promptly shall
seek a warrant for the arrest | 2223 |
or taking into custody, as
appropriate, of the offender
or | 2224 |
delinquent child for the
violation of division
(F) of this section | 2225 |
and shall arrest the offender
or take the child into
custody, as | 2226 |
appropriate. | 2227 |
(4) If the offender's
or delinquent child's duty to register | 2262 |
is imposed pursuant
to division (A)(4) or (5)(3)(a) or (b) of | 2263 |
section 2950.04
of the Revised
Code, the offender's duty to comply | 2264 |
with those
sections commences
on
the effective date of this | 2265 |
amendmentMarch30, 1999, or on the
date that
the offender begins | 2266 |
to reside or becomes
temporarily
domiciled in this state, | 2267 |
whichever is later, and the delinquent child's duty commences on | 2268 |
the effective date of this amendment or on the date the delinquent | 2269 |
child begins to reside or becomes temporarily domiciled in this | 2270 |
state, whichever is later. | 2271 |
(5)
If the delinquent child's duty to register is imposed | 2272 |
pursuant to division (A)(2)
of
section 2950.04 of the Revised | 2273 |
Code, if the delinquent child's classification as a juvenile sex | 2274 |
offender registrant is made at the time of the child's disposition | 2275 |
for that sexually oriented offense, and if the delinquent child is | 2276 |
committed for the sexually oriented offense to the department of | 2277 |
youth services or to a secure facility that is not operated by the | 2278 |
department, the delinquent child's duty to
comply with those | 2279 |
sections
commences on the date of the
delinquent child's discharge | 2280 |
or
release from
custody in the department of youth
services secure | 2281 |
facility or from the secure facility not operated by the | 2282 |
department
as described in that division. | 2283 |
(6) If the delinquent child's duty to register is imposed | 2284 |
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code | 2285 |
and if either the delinquent child's classification as a juvenile | 2286 |
sex offender registrant is made at the time of the child's | 2287 |
disposition for that sexually oriented offense and the delinquent | 2288 |
child is not committed for the sexually oriented offense to the | 2289 |
department of youth services or to a secure facility that is not | 2290 |
operated by the department or the child's classification as a | 2291 |
juvenile sex offender registrant is made pursuant to sections | 2292 |
2152.83 of the Revised Code, the delinquent child's duty to
comply | 2293 |
with those sections commences on the date of entry of the
court's | 2294 |
order that classifies the delinquent child a juvenile sex
offender | 2295 |
registrant. | 2296 |
(B) The duty of an offender who is convicted of or pleads | 2297 |
guilty to, or has
been convicted of or
pleadspleaded guilty to,
a | 2298 |
sexually oriented offense
and the duty of a delinquent child who | 2299 |
is adjudicated a delinquent child for committing a sexually | 2300 |
oriented offense and is classified a juvenile sex offender | 2301 |
registrant or who is an out-of-state juvenile sex offender | 2302 |
registrant to comply
with sections
2950.04, 2950.05,
and 2950.06 | 2303 |
of the Revised Code continues, after
the
date of commencement, for | 2304 |
whichever of the following periods
is applicable: | 2305 |
(1) Except as otherwise provided in this division, if the | 2306 |
offender
or
delinquent child has
been adjudicated as being a | 2307 |
sexual
predator relative to the sexually oriented offense, the | 2308 |
offender's
or
delinquent child's duty to
comply with those | 2309 |
sections continues until
the offender's
or delinquent child's | 2310 |
death. If the judge who sentenced
the offender
or made the | 2311 |
disposition for the delinquent child or that
judge's
successor in | 2312 |
office subsequently enters a determination pursuant to division | 2313 |
(D) of section 2950.09
or pursuant to section 2152.84 or 2152.85 | 2314 |
of the Revised Code
that the offender
or
delinquent child no | 2315 |
longer is a sexual predator,
the
offender's
or
delinquent child's | 2316 |
duty to comply with those sections
continues
for the period
of | 2317 |
time that otherwise would have been applicable
to the offender
or | 2318 |
delinquent child under
division (B)(2) or (3)
of this section. | 2319 |
(2) If the judge who sentenced the offender
or made the | 2320 |
disposition for the delinquent child for
committing
the sexually | 2321 |
oriented offense, or the successor in office of the juvenile court | 2322 |
judge who made the delinquent child disposition,
determined | 2323 |
pursuant
to division (E) of section 2950.09
or pursuant to | 2324 |
division (B) of section
2152.83, section 2152.84, or section | 2325 |
2152.85 of the
Revised Code that the
offender
or
delinquent child | 2326 |
is a habitual sex
offender,
the
offender's
or
delinquent child's | 2327 |
duty to comply with those
sections
continues
for twenty years.
If | 2328 |
a delinquent child is determined pursuant to
division (E) of | 2329 |
section 2950.09 or pursuant to division (B) of section 2152.83, | 2330 |
section
2152.84, or section 2152.85 of the Revised Code to be a | 2331 |
habitual sex offender and if
the judge who made the disposition | 2332 |
for the delinquent child or
that judge's successor in office | 2333 |
subsequently enters a
determination pursuant to section 2152.84 or | 2334 |
2152.85 of the
Revised Code that the delinquent child no longer is | 2335 |
a habitual sex
offender but remains a juvenile sex offender | 2336 |
registrant, the
delinquent child's duty to comply with those | 2337 |
sections continues
for the period of time that otherwise would | 2338 |
have been applicable
to the delinquent child under division (B)(3) | 2339 |
of this section. | 2340 |
(3) If neither division (B)(1) nor (B)(2) of this section | 2341 |
applies, the
offender's
or delinquent child's duty to comply with | 2342 |
those sections
continues for ten years.
If a delinquent child is | 2343 |
classified pursuant to section 2152.82 or
2152.83 of the Revised | 2344 |
Code a juvenile sex offender
registrant
and if the judge who made | 2345 |
the disposition for the
delinquent child
or that judge's successor | 2346 |
in office subsequently
enters a
determination pursuant to section | 2347 |
2152.84 or 2152.85 of
the
Revised Code that the delinquent child | 2348 |
no longer is to be
classified a juvenile sex offender registrant, | 2349 |
the delinquent
child's duty to comply with those sections | 2350 |
terminates upon the
court's entry of the determination. | 2351 |
(C)(1) If an offender has been convicted
of or pleaded | 2352 |
guilty
to
a sexually oriented offense
or a delinquent child has | 2353 |
been adjudicated a delinquent child for committing a sexually | 2354 |
oriented offense
and
is classified a juvenile sex offender | 2355 |
registrant or is an out-of-state juvenile sex offender registrant, | 2356 |
and if the
offender
subsequently is convicted of or
pleads guilty | 2357 |
to
another
sexually
oriented
offense
or the
delinquent child | 2358 |
subsequently is
adjudicated a delinquent child
for committing | 2359 |
another sexually
oriented offense and is classified
a juvenile sex | 2360 |
offender
registrant relative to that offense or
subsequently is | 2361 |
convicted
of or pleads guilty to another sexually
oriented | 2362 |
offense, the
period of time for which the offender
or
delinquent | 2363 |
child
must
comply with the
sections specified in
division (A) of | 2364 |
this section
shall be
separately calculated
pursuant to divisions | 2365 |
(A)(1), (2),
and (3), (4), (5), (6), and (7)
of
this
section for | 2366 |
each of the
sexually
oriented offenses, and
the
separately | 2367 |
calculated periods
of time shall be
complied with
independently. | 2368 |
If a delinquent child has been adjudicated a delinquent child | 2369 |
for committing a
sexually oriented offense, is classified a | 2370 |
juvenile sex offender
registrant or is an out-of-state juvenile | 2371 |
sex offender registrant relative to the offense, and,
after | 2372 |
attaining eighteen
years of age, subsequently is convicted
of or | 2373 |
pleads guilty to
another sexually oriented offense, the
subsequent | 2374 |
conviction or
guilty plea does not limit, affect, or
supersede the | 2375 |
duties
imposed upon the delinquent child under this
chapter | 2376 |
relative to
the delinquent child's classification as a
juvenile | 2377 |
sex offender
registrant or as an out-of-state juvenile sex | 2378 |
offender registrant, and the delinquent child shall
comply with | 2379 |
both those
duties and the duties imposed under this
chapter | 2380 |
relative to the
subsequent conviction or guilty plea. | 2381 |
(2) If a delinquent child has been adjudicated a delinquent | 2382 |
child for committing on or after the effective date of this | 2383 |
amendment a sexually oriented offense and is classified
a juvenile | 2384 |
sex offender registrant relative to the offense, if the
order | 2385 |
containing the classification also contains a determination
by the | 2386 |
juvenile judge that the delinquent child is a sexual
predator or a | 2387 |
habitual sex offender, and if the juvenile judge or
the judge's | 2388 |
successor in office subsequently determines pursuant
to section | 2389 |
2152.84 or 2152.85 of the Revised Code that the
delinquent child | 2390 |
no longer is a sexual predator or habitual sex
offender, the | 2391 |
judge's subsequent determination does not affect the
date of | 2392 |
commencement of the delinquent child's duty to comply with | 2393 |
sections 2950.04, 2950.05, and 2950.06 of the Revised Code as | 2394 |
determined under division (A) of this section.
| 2395 |
(E) An offender
or delinquent child who has been convicted | 2406 |
of or
pleaded guilty to,or has been or is adjudicated a | 2407 |
delinquent child
for committing, a
sexually oriented offense in | 2408 |
another state or in a federal court, military
court, or an Indian | 2409 |
tribal court may apply to the sheriff of the
county in which the | 2410 |
offender
or delinquent child resides or temporarily
is domiciled | 2411 |
for credit
against the duty to register for the time that the | 2412 |
offender
or delinquent
child has complied with
the sex
offender | 2413 |
registration requirements of another jurisdiction. The sheriff | 2414 |
shall
grant the offender
or delinquent child credit against the | 2415 |
duty to
register for time for which the
offender
or delinquent | 2416 |
child provides adequate proof that the offender
or delinquent | 2417 |
child
has complied with the sex
offender registration requirements | 2418 |
of another jurisdiction. If the offender
or delinquent child | 2419 |
disagrees with the determination of the sheriff,
the offender
or | 2420 |
delinquent child may appeal the
determination to the court of | 2421 |
common pleas of the county in which the offender
or delinquent | 2422 |
child resides or is temporarily domiciled. | 2423 |
Sec. 2950.081. (A) Any statements, information, photographs, | 2424 |
or
fingerprints
that section 2950.04, 2950.05, or 2950.06 of the | 2425 |
Revised Code requires a person to provide,
that are provided by a | 2426 |
person who registers, who provides notice of a change
of
residence | 2427 |
address and registers the new residence address, or who provides | 2428 |
verification of a current residence address pursuant to any | 2429 |
provision of those
sections, and that are in the possession of a | 2430 |
county sheriff are public
records
open to public inspection under | 2431 |
section 149.43 of the Revised Code. | 2432 |
(B) Except when the act that is the basis of a child's | 2433 |
classification as a juvenile sex offender registrant is a | 2434 |
violation of, or an attempt to commit a violation of, section | 2435 |
2903.01, 2903.02, or 2905.01 of the Revised Code that was | 2436 |
committed with a purpose to gratify the sexual needs or desires of | 2437 |
the child, a violation of section 2907.02 of the Revised Code, or | 2438 |
an attempt to commit a violation of that section, the sheriff | 2439 |
shall not cause to be publicly disseminated by means of the | 2440 |
internet any statements, information, photographs, or fingerprints | 2441 |
that are provided by a juvenile sex offender registrant who | 2442 |
registers, who provides notice of a change of residence address | 2443 |
and registers the new residence address, or who provides | 2444 |
verification of a current residence address pursuant to this | 2445 |
chapter and that are in the possession of a county sheriff. | 2446 |
Sec. 2950.09. (A) If a person is convicted of or pleads | 2447 |
guilty to committing, on or after January 1, 1997, a sexually | 2448 |
oriented offense that is a sexually violent offense and also is | 2449 |
convicted of or pleads guilty to a sexually violent predator | 2450 |
specification that was included in the indictment, count in the | 2451 |
indictment, or information charging the sexually violent offense, | 2452 |
the conviction of plea of guilty to the specification | 2453 |
automatically classifies the offender as a sexual predator for | 2454 |
purposes of this chapter. If a person is convicted of
or, pleads | 2455 |
guilty to, or is adjudicated a delinquent child for committing, a | 2456 |
sexually oriented offense in another state, or in a federal court, | 2457 |
military court, or an Indian tribal court and if, as a result of | 2458 |
that conviction
or, plea of guilty,
or adjudication, the person is | 2459 |
required, under the law of the jurisdiction in which the person | 2460 |
was convicted
or, pleaded guilty,
or was adjudicated, to register | 2461 |
as a sex offender until the person's death and is required to | 2462 |
verify the person's address on at least a quarterly basis each | 2463 |
year, that conviction
or, plea of guilty, or adjudication | 2464 |
automatically classifies the
offenderperson as a sexual predator | 2465 |
for the purposes of this chapter, but the
offenderperson may | 2466 |
challenge that classification pursuant to division (F) of this | 2467 |
section. In all other cases, a person who is convicted of or | 2468 |
pleads guilty to,
or has been convicted of or pleaded guilty to, | 2469 |
or is adjudicated a delinquent child for committing,
a sexually | 2470 |
oriented offense may be classified as a sexual predator
for | 2471 |
purposes of this chapter only in accordance with division (B)
or | 2472 |
(C) of this section
or, regarding delinquent children, divisions | 2473 |
(B) and (C) of section
2152.83 of the Revised Code. | 2474 |
(2) The judge shall conduct the hearing
prior to sentencing | 2502 |
and, if the
sexually oriented offense
is a felony,and if the | 2503 |
hearing is being
conducted under division
(B)(1)(a) or (b) of this | 2504 |
section, the
judge may conduct it as part
of the sentencing | 2505 |
hearing required by
section 2929.19 of the
Revised Code. The | 2506 |
court shall give the
offender
or delinquent
child and the | 2507 |
prosecutor who prosecuted the
offender
or handled
the case against | 2508 |
the delinquent child for the
sexually oriented
offense notice of | 2509 |
the date, time, and location
of the hearing. At
the hearing, the | 2510 |
offender
or delinquent child
and the prosecutor
shall have an | 2511 |
opportunity to testify, present
evidence, call and
examine | 2512 |
witnesses and expert witnesses, and
cross-examine
witnesses and | 2513 |
expert witnesses regarding the
determination as to
whether the | 2514 |
offender
or delinquent child is a
sexual predator.
The
offender
or | 2515 |
delinquent child shall have the
right to be
represented by counsel | 2516 |
and, if indigent, the right to
have counsel
appointed to represent | 2517 |
the offender
or delinquent
child. | 2518 |
(3)(4) After reviewing all testimony and evidence presented | 2558 |
at the hearing conducted under division (B)(1) of this section and | 2559 |
the factors specified in division (B)(2)(3) of this section, the | 2560 |
judgecourt shall determine by clear and convincing evidence | 2561 |
whether the
subject offender
or delinquent child is a sexual | 2562 |
predator. If
the
judgecourt determines that the
subject offender | 2563 |
or delinquent child
is not a sexual predator, the
judgecourt | 2564 |
shall specify in the
offender's sentence and the judgment of | 2565 |
conviction that contains
the sentence
or in the delinquent child's | 2566 |
dispositional order, as
appropriate, that the
judgecourt has | 2567 |
determined that the offender
or delinquent child is not a sexual | 2568 |
predator. If the
judgecourt
determines by clear and convincing | 2569 |
evidence that the
subject offender
or
delinquent child is a sexual | 2570 |
predator, the
judgecourt shall
specify in the offender's sentence | 2571 |
and the judgment of conviction
that contains the sentence
or in | 2572 |
the delinquent child's dispositional
order, as appropriate, that | 2573 |
the
judgecourt has determined that
the offender
or delinquent | 2574 |
child is a sexual predator and shall
specify that the | 2575 |
determination was pursuant to division (B) of
this section. The | 2576 |
offender
or delinquent child and the prosecutor
who prosecuted the | 2577 |
offender
or handled the case against the delinquent child for the | 2578 |
sexually
oriented offense in question may appeal as a matter of | 2579 |
right the
judge'scourt's determination under this division as to | 2580 |
whether
the offender
or delinquent child is, or is not, a sexual | 2581 |
predator. | 2582 |
(C)(1) If a person was convicted of or pleaded guilty to a | 2588 |
sexually oriented offense prior to January 1, 1997, if the person | 2589 |
was not sentenced for the offense on or after January 1, 1997, and | 2590 |
if, on or after January 1, 1997, the offender is serving a term of | 2591 |
imprisonment in a state correctional institution, the department | 2592 |
of rehabilitation and correction shall determine whether to | 2593 |
recommend that the offender be adjudicated as being a sexual | 2594 |
predator. In making a determination under this division as to | 2595 |
whether to recommend that the offender be adjudicated as being a | 2596 |
sexual predator, the department shall consider all relevant | 2597 |
factors, including, but not limited to, all of the factors | 2598 |
specified in division (B)(2) of this section. If the department | 2599 |
determines that it will recommend that the offender be adjudicated | 2600 |
as being a sexual predator, it immediately shall send the | 2601 |
recommendation to the court that sentenced the offender and shall | 2602 |
enter its determination and recommendation in the offender's | 2603 |
institutional record, and the court shall proceed in accordance | 2604 |
with division (C)(2) of this section. | 2605 |
(2)(a) If, pursuant to division (C)(1) of this section, the | 2606 |
department of rehabilitation and correction sends to a court a | 2607 |
recommendation that an offender who has been convicted of or | 2608 |
pleaded guilty to a sexually oriented offense be adjudicated as | 2609 |
being a sexual predator, the court is not bound by the | 2610 |
department's recommendation, and the court may conduct a hearing | 2611 |
to determine whether the offender is a sexual predator. The court | 2612 |
may deny the recommendation and determine that the offender is not | 2613 |
a sexual predator without a hearing but shall not make a | 2614 |
determination that the offender is a sexual predator in any case | 2615 |
without a hearing. The court may hold the hearing and make the | 2616 |
determination prior to the offender's release from imprisonment or | 2617 |
at any time within one year following the offender's release from | 2618 |
that imprisonment. If the court determines without a hearing that | 2619 |
the offender is not a sexual predator, it shall include its | 2620 |
determination in the offender's institutional record and shall | 2621 |
determine whether the offender previously has been convicted of or | 2622 |
pleaded guilty to a sexually oriented offense other than the | 2623 |
offense in relation to which the court determined that the | 2624 |
offender is not a sexual predator. | 2625 |
The court may make the determination as to whether the | 2626 |
offender previously has been convicted of or pleaded guilty to a | 2627 |
sexually oriented offense without a hearing, but, if the court | 2628 |
determines that the offender previously has been convicted of or | 2629 |
pleaded guilty to such an offense, it shall not impose a | 2630 |
requirement that the offender be subject to the community | 2631 |
notification provisions regarding the offender's place of | 2632 |
residence that are contained in sections 2950.10 and 2950.11 of | 2633 |
the Revised Code without a hearing. The court may conduct a | 2634 |
hearing to determine both whether the offender previously has been | 2635 |
convicted of or pleaded guilty to a sexually oriented offense and | 2636 |
whether to impose a requirement that the offender be subject to | 2637 |
the community notification provisions as described in this | 2638 |
division, or may conduct a hearing solely to make the latter | 2639 |
determination. The court shall include in the offender's | 2640 |
institutional record any determination made under this division as | 2641 |
to whether the offender previously has been convicted of or | 2642 |
pleaded guilty to a sexually oriented offense, and, as such, | 2643 |
whether the offender is a habitual sex offender. | 2644 |
(b) If the court schedules a hearing under division | 2645 |
(C)(2)(a) of this section, the court shall give the offender and | 2646 |
the prosecutor who prosecuted the offender for the sexually | 2647 |
oriented offense, or that prosecutor's successor in office, notice | 2648 |
of the date, time, and place of the hearing. If the hearing is to | 2649 |
determine whether the offender is a sexual predator, it shall be | 2650 |
conducted in the manner described in division (B)(1) of this | 2651 |
section regarding hearings conducted under that division and, in | 2652 |
making a determination under this division as to whether the | 2653 |
offender is a sexual predator, the court shall consider all | 2654 |
relevant factors, including, but not limited to, all of the | 2655 |
factors specified in division (B)(2) of this section. After | 2656 |
reviewing all testimony and evidence presented at the sexual | 2657 |
predator hearing and the factors specified in division (B)(2) of | 2658 |
this section, the court shall determine by clear and convincing | 2659 |
evidence whether the offender is a sexual predator. If the court | 2660 |
determines that the offender is not a sexual predator, it also | 2661 |
shall determine whether the offender previously has been convicted | 2662 |
of or pleaded guilty to a sexually oriented offense other than the | 2663 |
offense in relation to which the hearing is being conducted. | 2664 |
(ii) If the hearing is to determine whether the offender is | 2674 |
a sexual predator, and if the court determines that the offender | 2675 |
is not a sexual predator but that the offender previously has been | 2676 |
convicted of or pleaded guilty to a sexually oriented offense | 2677 |
other than the offense in relation to which the hearing is being | 2678 |
conducted, it shall include its determination that the offender is | 2679 |
not a sexual predator but is a habitual sex offender in the | 2680 |
offender's institutional record, shall attach the determinations | 2681 |
to the offender's sentence, shall specify that the determinations | 2682 |
were pursuant to division (C) of this section, shall provide a | 2683 |
copy of the determinations to the offender, to the prosecuting | 2684 |
attorney, and to the department of rehabilitation and correction, | 2685 |
and may impose a requirement that the offender be subject to the | 2686 |
community notification provisions regarding the offender's place | 2687 |
of residence that are contained in sections 2950.10 and 2950.11 of | 2688 |
the Revised Code. The offender shall not be subject to those | 2689 |
community notification provisions relative to the sexually | 2690 |
oriented offense in question if the court does not so impose the | 2691 |
requirement described in this division. If the court imposes | 2692 |
those community notification provisions, the offender may appeal | 2693 |
the judge's determination that the offender is a habitual sex | 2694 |
offender. | 2695 |
(iii) If the hearing is to determine whether the offender | 2696 |
previously has been convicted of or pleaded guilty to a sexually | 2697 |
oriented offense other than the offense in relation to which the | 2698 |
hearing is being conducted and whether to impose a requirement | 2699 |
that the offender be subject to the specified community | 2700 |
notification provisions, and if the court determines that the | 2701 |
offender previously has been convicted of or pleaded guilty to | 2702 |
such an offense, the court shall proceed as described in division | 2703 |
(C)(2)(b)(ii) of this section and may impose a community | 2704 |
notification requirement as described in that division. The | 2705 |
offender shall not be subject to the specified community | 2706 |
notification provisions relative to the sexually oriented offense | 2707 |
in question if the court does not so impose the requirement | 2708 |
described in that division. If the court imposes those community | 2709 |
notification provisions, the offender may appeal the judge's | 2710 |
determination that the offender is a habitual sex offender. | 2711 |
(iv) If the court determined without a hearing that the | 2712 |
offender previously has been convicted of or pleaded guilty to a | 2713 |
sexually oriented offense other than the offense in relation to | 2714 |
which the court determined that the offender is not a sexual | 2715 |
predator, and, as such, is a habitual sex offender, and the | 2716 |
hearing is solely to determine whether to impose a requirement | 2717 |
that the offender be subject to the specified community | 2718 |
notification provisions, after the hearing, the court may impose a | 2719 |
community notification requirement as described in division | 2720 |
(C)(2)(b)(ii) of this section. The offender shall not be subject | 2721 |
to the specified community notification provisions relative to the | 2722 |
sexually oriented offense in question if the court does not so | 2723 |
impose the requirement described in that division. If the court | 2724 |
imposes those community notification provisions, the offender may | 2725 |
appeal the judge's determination that the offender is a habitual | 2726 |
sex offender. | 2727 |
(v) If the hearing is to determine whether the offender is a | 2728 |
sexual predator, and if the court determines by clear and | 2729 |
convincing evidence that the offender is a sexual predator, it | 2730 |
shall enter its determination in the offender's institutional | 2731 |
record, shall attach the determination to the offender's sentence, | 2732 |
shall specify that the determination was pursuant to division (C) | 2733 |
of this section, and shall provide a copy of the determination to | 2734 |
the offender, to the prosecuting attorney, and to the department | 2735 |
of rehabilitation and correction. The offender and the prosecutor | 2736 |
may appeal as a matter of right the judge's determination under | 2737 |
this division as to whether the offender is, or is not, a sexual | 2738 |
predator. | 2739 |
(D)(1)
UponDivision (D) of this section applies to
persons | 2740 |
who have been convicted of or pleaded guilty to a sexually | 2741 |
oriented offense. The procedures set forth in division (D) of | 2742 |
this section regarding a determination of whether a person no | 2743 |
longer is a sexual predator also apply, to the extent specified in | 2744 |
section 2152.84 or 2152.85 of the Revised Code, to persons who | 2745 |
have been adjudicated a delinquent child for committing a sexually | 2746 |
oriented offense and have been determined by a juvenile court | 2747 |
judge to be a sexual predator. A person who has been adjudicated | 2748 |
a delinquent
child for committing a sexually oriented offense and | 2749 |
who has been
classified by a juvenile court judge a juvenile sex | 2750 |
offender
registrant or, if applicable, additionally has been | 2751 |
determined by
a juvenile court judge to be a sexual predator or | 2752 |
habitual sex
offender, may petition the adjudicating court for a | 2753 |
reclassification or declassification pursuant to section 2152.85 | 2754 |
of the Revised Code. | 2755 |
Upon the expiration of the applicable period of time | 2756 |
specified in division (D)(1)(a) or (b) of this section, an | 2757 |
offender who has been convicted of or pleaded guilty to
a sexually | 2758 |
oriented offense and who has been adjudicated as being
a sexual | 2759 |
predator relative to the sexually oriented offense in the
manner | 2760 |
described in division (B) or (C) of this section may
petition the | 2761 |
judge who made the determination that the offender was a sexual | 2762 |
predator, or that judge's successor
in office, to enter a | 2763 |
determination that the offender no longer is a sexual predator. | 2764 |
Upon the filing
of the petition, the judge may review the prior | 2765 |
sexual predator
determination that comprises the sexually violent | 2766 |
predator
adjudication, and, upon consideration of all relevant | 2767 |
evidence and
information, including, but not limited to, the | 2768 |
factors set forth
in division (B)(2)(3) of this section, either | 2769 |
shall enter a
determination that the offender no longer is a | 2770 |
sexual predator or shall enter an order denying the petition. The | 2771 |
courtjudge shall not enter a determination under this division | 2772 |
that the offender no longer is a sexual
predator unless the
court | 2773 |
judge determines by clear and convincing
evidence that the | 2774 |
offender is unlikely to
commit a sexually oriented offense in the | 2775 |
future. If the judge
enters a determination under this division | 2776 |
that the offender no longer is a sexual predator, the judge shall | 2777 |
notify the bureau of criminal identification and investigation and | 2778 |
the parole board of the
determination. Upon receipt of the | 2779 |
notification, the bureau
promptly shall notify the sheriff with | 2780 |
whom the offender most recently registered under section 2950.04 | 2781 |
or
2950.05 of the Revised Code of the determination that the | 2782 |
offender no longer is a sexual predator. If the judge
enters an | 2783 |
order denying the petition, the prior adjudication of
the offender | 2784 |
as a sexual predator shall remain
in effect. An offender | 2785 |
determined to be a
sexual predator in the manner described in | 2786 |
division (B) or (C) of
this section may file a petition under this | 2787 |
division after the
expiration of the following periods of time: | 2788 |
(a) Regardless of when the sexually oriented offense was | 2789 |
committed, if, on or after January 1, 1997, the offender is | 2790 |
imprisoned or sentenced to a prison term or other confinement for | 2791 |
the sexually oriented offense in relation to which the | 2792 |
determination was made, the offender initially may file the | 2793 |
petition not earlier than one year prior to the offender's release | 2794 |
from the imprisonment, prison term, or other confinement by | 2795 |
discharge, parole, judicial release, or any other final release. | 2796 |
If the offender is sentenced on or after January 1, 1997, for the | 2797 |
sexually oriented offense in relation to which the determination | 2798 |
is made and is not imprisoned or sentenced to a prison term or | 2799 |
other confinement for the sexually oriented offense, the offender | 2800 |
initially may file the petition upon the expiration of one year | 2801 |
after the entry of the offender's judgment of conviction. | 2802 |
(2) Except as otherwise provided in this division, division | 2809 |
(D)(1) of this section does not apply to a person who is | 2810 |
classified as a sexual predator pursuant to division (A) of this | 2811 |
section. If a person who is so classified was sentenced to a | 2812 |
prison term pursuant to division (A)(3) of section 2971.03 of the | 2813 |
Revised Code and if the sentencing court terminates the offender's | 2814 |
prison term as provided in division (D) of section 2971.05 of the | 2815 |
Revised Code, the court's termination of the prison term | 2816 |
automatically shall constitute a determination by the court that | 2817 |
the offender no longer is a sexual predator. If the court so | 2818 |
terminates the offender's prison term, the court shall notify the | 2819 |
bureau of criminal identification and investigation and the parole | 2820 |
board of the determination that the offender no longer is a sexual | 2821 |
predator. Upon receipt of the notification, the bureau promptly | 2822 |
shall notify the sheriff with whom the offender most recently | 2823 |
registered under section 2950.04 or 2950.05 of the Revised Code | 2824 |
that the offender no longer is a sexual predator. If an offender | 2825 |
who is classified as a sexual predator pursuant to division (A) of | 2826 |
this section is released from prison pursuant to a pardon or | 2827 |
commutation, the classification of the offender as a sexual | 2828 |
predator shall remain in effect after the offender's release, and | 2829 |
the offender may file one or more petitions in accordance with the | 2830 |
procedures and time limitations contained in division (D)(1) of | 2831 |
this section for a determination that the offender no longer is a | 2832 |
sexual predator. | 2833 |
(E) If a person is convicted of or pleads guilty to | 2834 |
committing, on or after January 1, 1997, a sexually oriented | 2835 |
offense, the judge who is to impose
sentence on the offender shall | 2836 |
determine, prior to sentencing, whether the offender
previously | 2837 |
has been convicted of or pleaded guilty to a sexually oriented | 2838 |
offense.
If a person is classified a juvenile sex offender | 2839 |
registrant, pursuant to section 2152.82 or division (A) of section | 2840 |
2152.83 of the Revised Code, the adjudicating
judge shall | 2841 |
determine, prior to entering the order classifying the delinquent | 2842 |
child a juvenile sex offender registrant,
whether the delinquent | 2843 |
child previously has been adjudicated a
delinquent child for | 2844 |
committing a sexually oriented offense. If the adjudicating judge | 2845 |
has classified the delinquent child under division (A) of section | 2846 |
2152.83 of the Revised Code based on that adjudication a juvenile | 2847 |
sex offender registrant, the judge shall determine, prior to | 2848 |
entering the classification order, whether the delinquent child | 2849 |
previously has been adjudicated a delinquent child for committing | 2850 |
a sexually oriented offense. If
the judge determines that the | 2851 |
offender previously has not been
convicted of or pleaded guilty to | 2852 |
a sexually
oriented offense
or
that the delinquent child | 2853 |
previously has not been adjudicated a
delinquent child for | 2854 |
committing a sexually oriented offense, the
judge shall specify in | 2855 |
the offender's
sentence
or in the
order classifying the delinquent | 2856 |
child a juvenile sex offender registrant that the
judge has | 2857 |
determined that the offender
or delinquent child is not
a habitual | 2858 |
sex offender. If the judge determines that the
offender | 2859 |
previously has been convicted of or
pleaded guilty to a sexually | 2860 |
oriented offense
or that the delinquent child previously has been | 2861 |
adjudicated a delinquent child for committing a sexually oriented | 2862 |
offense, the judge shall specify
in the offender's sentence and | 2863 |
the judgment of conviction that
contains the sentence
or in the
| 2864 |
order classifying the delinquent child a juvenile sex offender | 2865 |
registrant that the judge has
determined that the offender
or | 2866 |
delinquent child is a habitual sex
offender and may impose a | 2867 |
requirement in that sentence and
judgment of conviction
or in that | 2868 |
order that the
offender
or delinquent child be
subject to the | 2869 |
community
notification provisions regarding the
offender's
or | 2870 |
delinquent
child's place of residence that are
contained in | 2871 |
sections 2950.10
and 2950.11 of the Revised Code.
Unless the | 2872 |
habitual sex offender
also has been adjudicated as
being a sexual | 2873 |
predator relative to
the sexually oriented offense
in question, | 2874 |
the offender
or
delinquent child shall
not be subject
to those | 2875 |
community
notification provisions
only if the court
does
not | 2876 |
imposeimposes
the requirement described in this division in
the | 2877 |
offender's
sentence and the judgment of conviction
or in the
order | 2878 |
classifying the delinquent child a juvenile sex offender | 2879 |
registrant. | 2880 |
(2) The court may enter a determination that the offender
or | 2906 |
delinquent child filing the petition described in division (F)(1) | 2907 |
of this section is not an adjudicated sexual predator in this | 2908 |
state for purposes of the sex offender registration requirements | 2909 |
of this chapter or the community notification provisions contained | 2910 |
in sections 2950.10 and 2950.11 of the Revised Code only if the | 2911 |
offender
or delinquent child proves by clear and convincing | 2912 |
evidence that the requirement of the other jurisdiction that the | 2913 |
offender
or delinquent child register as a sex offender until the | 2914 |
offender's
or delinquent child's death and the requirement that | 2915 |
the offender
or delinquent child verify the offender's
or | 2916 |
delinquent child's address on at least a quarterly basis each year | 2917 |
is not substantially similar to a classification as a sexual | 2918 |
predator for purposes of this chapter. | 2919 |
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads | 2920 |
guilty to, or has been convicted of or pleaded
guilty to, a | 2921 |
sexually oriented
offense
or a person is adjudicated a delinquent | 2922 |
child for committing a sexually oriented offense
and is classified | 2923 |
a juvenile sex offender registrant or is an out-of-state juvenile | 2924 |
sex offender registrant based on that adjudication, if the | 2925 |
offender
or
delinquent child has been
adjudicated
as being a | 2926 |
sexual predator
relative to the sexually
oriented
offense, and the | 2927 |
court has not
subsequently determined pursuant to
division (D) of | 2928 |
section
2950.09, section 2152.84, or section 2152.85 of the | 2929 |
Revised Code
that the
offender
or
delinquent child no
longer is a | 2930 |
sexual
predator or the
offender
or delinquent child has
been | 2931 |
determined
pursuant to
division (C)(2) or (E) of section 2950.09, | 2932 |
division (B) of section
2152.83, section 2152.84, or section | 2933 |
2152.85 of
the
Revised Code to
be a
habitual
sex offender
and, the | 2934 |
court has
imposed a requirement
under that
division
or section | 2935 |
subjecting
the habitual sex offender to this
section, and the | 2936 |
determination
has not been removed pursuant to
section 2152.84 or | 2937 |
2152.85 of
the Revised Code, if the
offender
or
delinquent child | 2938 |
registers
with a
sheriff pursuant to section
2950.04 or 2950.05 of | 2939 |
the
Revised
Code, and if the victim of the
sexually oriented | 2940 |
offense
has made
a request in accordance with
rules adopted by the | 2941 |
attorney
general
that specifies that the
victim would like to be | 2942 |
provided the
notices
described in this
section, the sheriff shall | 2943 |
notify the
victim of the sexually
oriented offense, in writing, | 2944 |
that the
offender
or delinquent
child has
registered and shall | 2945 |
include in
the notice the
offender's
or delinquent child's name | 2946 |
and
residence
address or
addresses.
The sheriff shall provide the | 2947 |
notice
required by this
division to the victim
at the most recent | 2948 |
residence address
available for that victim, not later than | 2949 |
seventy-two hours after
the offender
or delinquent child registers | 2950 |
with
the sheriff. | 2951 |
(2) If a person is convicted of or pleads guilty to,
or has | 2952 |
been convicted
of or pleaded guilty to, a sexually oriented | 2953 |
offense
or a person is adjudicated a delinquent child for | 2954 |
committing a
sexually oriented offense and is
classified a | 2955 |
juvenile sex offender registrant or is an out-of-state juvenile | 2956 |
sex offender registrant based on that adjudication, if
the | 2957 |
offender
or delinquent
child has been adjudicated as being a | 2958 |
sexual
predator relative to
the sexually oriented offense or | 2959 |
sexually violent offense and the
court has
not subsequently | 2960 |
determined pursuant to division (D) of
section
2950.09, section | 2961 |
2152.84, or section 2152.85 of the
Revised Code that the offender | 2962 |
or delinquent child no
longer is a
sexual predator
or the offender | 2963 |
or delinquent child has been
determined pursuant to
division (E) | 2964 |
of section
2950.09, division (B) of section
2152.83, section | 2965 |
2152.84, or section 2152.85 of the Revised Code
to be a
habitual | 2966 |
sex offender
and,
the court has imposed a requirement
under
that | 2967 |
division
or section
subjecting the habitual sex offender to this | 2968 |
section, and the determination has not been removed pursuant to | 2969 |
section 2152.84 or 2152.85 of the Revised Code, if
the
offender
or | 2970 |
delinquent child registers with a
sheriff pursuant to
section | 2971 |
2950.04 or 2950.05 of the Revised
Code, if the victim of the | 2972 |
sexually
oriented offense has made a
request in accordance with | 2973 |
rules
adopted by the attorney general
that
specifies that the | 2974 |
victim
would like to be provided the
notices described in
this | 2975 |
section,
and if the offender
or
delinquent child notifies the | 2976 |
sheriff of a
change of residence
address pursuant to
section | 2977 |
2950.05 of the
Revised Code, the
sheriff shall
notify the victim | 2978 |
of the sexually
oriented offense,
in writing, that the
offender's | 2979 |
or delinquent
child's residence
address has changed and
shall | 2980 |
include in the
notice the
offender's
or delinquent child's name | 2981 |
and new residence
address or
addresses.
The
sheriff shall provide | 2982 |
the notice
required by this division to
the victim at
the most | 2983 |
recent
residence address available for that
victim, no later
than | 2984 |
seventy-two hours after the offender
or
delinquent child notifies | 2985 |
the sheriff of the change
in the
offender's
or delinquent child's | 2986 |
residence address. | 2987 |
(3) If
an offendera person is convicted of or pleads guilty | 2988 |
to, or
has been
convicted of or pleaded guilty to, a sexually | 2989 |
oriented
offense
or a person is adjudicated a delinquent child for | 2990 |
committing a
sexually oriented offense and is
classified a | 2991 |
juvenile sex offender registrant or is an out-of-state juvenile | 2992 |
sex offender registrant based on that adjudication, and if the | 2993 |
offender
or
delinquent child is adjudicated as
being a sexual | 2994 |
predator
relative to the sexually
oriented offense
or the offender | 2995 |
or
delinquent child is determined
pursuant
to
division (E) of | 2996 |
section
2950.09, division (B) of section 2152.83, section | 2997 |
2152.84, or section 2152.85 of the Revised
Code
to be a
habitual | 2998 |
sex offender and is made subject to this section,
the
victim of | 2999 |
the offense may make a request in accordance with
rules
adopted by | 3000 |
the attorney general pursuant
to section 2950.13
of the
Revised | 3001 |
Code that specifies that the
victim would like to
be
provided the | 3002 |
notices described in
divisions (A)(1) and (2) of
this
section. If | 3003 |
the victim makes a request in
accordance with
those
rules, the | 3004 |
sheriff described in divisions
(A)(1) and (2) of
this
section | 3005 |
shall provide the victim with the notices
described
in
those | 3006 |
divisions. | 3007 |
(B) A victim of a sexually oriented offense is not entitled | 3019 |
to
be provided any notice described in division (A)(1) or (2) of | 3020 |
this section
unless the offender
or delinquent child is | 3021 |
adjudicated as being a
sexual predator
relative to the sexually | 3022 |
oriented offense and the court has not
subsequently determined | 3023 |
pursuant to division
(E)(D) of section 2950.09, section 2152.84, | 3024 |
or
section 2152.85 of the Revised Code
that the offender
or | 3025 |
delinquent
child no
longer is a sexual
predator or the offender
or | 3026 |
delinquent child has
been determined
pursuant to division (E) of | 3027 |
section 2950.09, division (B) of section 2152.83, section | 3028 |
2152.84, or section 2152.85 of the
Revised Code to
be a habitual | 3029 |
sex
offender
and, the court has
imposed a requirement
under that | 3030 |
division
or section subjecting
the habitual sex offender to this | 3031 |
section, and the determination
has not been removed pursuant to | 3032 |
section 2152.84 or 2152.85 of
the
Revised Code.
A victim of a | 3033 |
sexually oriented offense is not
entitled
to any
notice described | 3034 |
in division (A)(1) or (2) of this
section
unless the victim makes | 3035 |
a request in accordance with rules
adopted
by the attorney general | 3036 |
pursuant to section 2950.13 of the
Revised
Code that specifies | 3037 |
that the victim would like to be
provided the
notices
described in | 3038 |
divisions (A)(1) and (2) of this
section.
This division does not | 3039 |
affect any rights of a victim of a
sexually
oriented offense to be | 3040 |
provided
notice regarding an
offender
or
delinquent child that are | 3041 |
described in
Chapter
2950.2930. of the
Revised Code. | 3042 |
Sec. 2950.11. (A) As used in this section, "specified | 3043 |
geographical notification area" means the geographic area or areas | 3044 |
within
which the attorney general, by rule adopted under section | 3045 |
2950.13 of the Revised Code, requires the notice described in | 3046 |
division (B) of
this section to be given to the persons identified | 3047 |
in divisions
(A)(2) to (8) of this section. If a person is | 3048 |
convicted of or pleads guilty to, or has been convicted of or | 3049 |
pleaded
guilty
to, a sexually
oriented offense
or a person is | 3050 |
adjudicated a delinquent child for committing a sexually oriented | 3051 |
offense and is classified a juvenile sex
offender registrant or is | 3052 |
an out-of-state juvenile sex offender registrant based on that | 3053 |
adjudication, and if the offender
or
delinquent child has been | 3054 |
adjudicated as being a sexual predator
relative to the sexually | 3055 |
oriented offense and the court has not
subsequently determined | 3056 |
pursuant to
division (D) of section
2950.09, section 2152.84, or | 3057 |
section 2152.85 of the Revised Code that the offender
or | 3058 |
delinquent child
no
longer is a sexual predator or the offender
or | 3059 |
delinquent child
has
been determined pursuant to
division (C)(2) | 3060 |
or (E) of section
2950.09, division (B) of section 2152.83, | 3061 |
section 2152.84, or section 2152.85
of
the
Revised Code to be a | 3062 |
habitual sex offender
and, the
court
has
imposed a requirement | 3063 |
under that
division
or section
subjecting
the
habitual sex | 3064 |
offender to this section,
and the
determination
has not been | 3065 |
removed pursuant to section 2152.84
or
2152.85 of the
Revised | 3066 |
Code, the
sheriff with whom the
offender
or delinquent
child has | 3067 |
most recently
registered under
section
2950.04 or
2950.05 of the | 3068 |
Revised Code, within the period
of time
specified
in
division (C) | 3069 |
of this section, shall provide a
written
notice
containing the | 3070 |
information set forth in division
(B) of
this
section
to all of | 3071 |
the following persons: | 3072 |
(C) If a sheriff with whom an offender
or delinquent child | 3157 |
registers
under section
2950.04 or 2950.05 of the Revised Code is | 3158 |
required by
division
(A) of this section to provide notices | 3159 |
regarding an offender
or delinquent
child and if, pursuant
to that | 3160 |
requirement, the sheriff provides a notice to
a sheriff of one
or | 3161 |
more other counties in accordance with division (A)(8) of this | 3162 |
section, the
sheriff of each of the other counties who is provided | 3163 |
notice
under division (A)(8) of this section shall provide the | 3164 |
notices described in
divisions
(A)(1) to (7) and (A)(9) of this | 3165 |
section to each
person or entity identified within those divisions | 3166 |
that is
located within the geographical notification area and | 3167 |
within the
county served by the sheriff in question. | 3168 |
(D)(1) A sheriff required by division (A) or (C)
of this | 3169 |
section to provide notices regarding an offender
or delinquent | 3170 |
child shall provide the
notice to the neighbors that is described | 3171 |
in division (A)(1) of this
section and the notices to law | 3172 |
enforcement personnel that are described in
divisions (A)(8) and | 3173 |
(9) of this section no later than seventy-two
hours after the | 3174 |
offender
or delinquent child registers with the sheriff or, if the | 3175 |
sheriff is required by division
(C) to provide the notices, no | 3176 |
later than seventy-two hours after the sheriff
is provided the | 3177 |
notice described in division (A)(8) of this section. | 3178 |
(2) If an offender
or delinquent child in relation to
whom | 3188 |
division (A) of this
section applies verifies the offender's
or | 3189 |
delinquent child's current
residence
address with a sheriff | 3190 |
pursuant to section 2950.06 of the
Revised Code, the sheriff may | 3191 |
provide a
written notice containing the information set forth in | 3192 |
division
(B) of this section to the
persons identified in | 3193 |
divisions
(A)(1) to (9) of this section.
If a sheriff provides a | 3194 |
notice pursuant to this division to the
sheriff of one or more | 3195 |
other counties in accordance with
division (A)(8) of this
section, | 3196 |
the sheriff of each of the other counties who is
provided the | 3197 |
notice under division
(A)(8) of this section may
provide, but is | 3198 |
not required to provide, a written notice
containing the | 3199 |
information set forth in division
(B) of this section to the | 3200 |
persons identified in divisions
(A)(1) to (7) and (A)(9) of this | 3201 |
section. | 3202 |
If the sexual predator or habitual sex offender is a juvenile | 3210 |
sex offender registrant, the sheriff shall not cause any of the | 3211 |
information described in this division to be publicly disseminated | 3212 |
by means of the internet, except when the act that is the basis of | 3213 |
a child's classification as a juvenile sex offender registrant is | 3214 |
a violation of, or an attempt to commit a violation of, section | 3215 |
2903.01, 2903.02, or 2905.01 of the Revised Code that was | 3216 |
committed with a purpose to gratify the sexual needs or desires of | 3217 |
the child, a violation of section 2907.02 of the Revised Code, or | 3218 |
an attempt to commit a violation of that section. | 3219 |
(F) The notification provisions of this section do not apply | 3220 |
regarding a
person who is convicted of or pleads guilty to,
or has | 3221 |
been convicted of or
pleaded guilty to,
or is adjudicated a | 3222 |
delinquent child for committing, a sexually oriented
offense, who | 3223 |
has not been adjudicated
as being a sexual predator
relative to | 3224 |
that sexually oriented offense, and who
is determined
pursuant to | 3225 |
division (C)(2) or
(E) of section 2950.09, division (B) of section | 3226 |
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code | 3227 |
to be a habitual sex
offender
unless the sentencing
or reviewing | 3228 |
court imposes a requirement
in
the offender's
sentence and in the | 3229 |
judgment of conviction that
contains the
sentence
or in the | 3230 |
delinquent child's adjudication,
or
imposes a
requirement as | 3231 |
described in
division (C)(2) of
section 2950.09 of
the Revised | 3232 |
Code, that subjects the
offender
or
the delinquent
child to the | 3233 |
provisions of this section. | 3234 |
(G) The department of job and family services shall compile, | 3235 |
maintain,
and
update in
January and July of each year, a list of | 3236 |
all agencies, centers, or homes of a type described in division | 3237 |
(A)(2) or (6) of this section
that contains the name of each | 3238 |
agency, center, or home of that type, the
county in which it is | 3239 |
located, its address and telephone number,
and the name of an | 3240 |
administrative officer or employee of the
agency, center, or home. | 3241 |
The department of education shall
compile, maintain, and update in | 3242 |
January and July of each year, a list of
all boards of education, | 3243 |
schools, or programs of a type
described in division (A)(3),
(4), | 3244 |
or (5) of this section that contains the name of each
board of | 3245 |
education, school, or program of that type, the county in which it | 3246 |
is located, its address and telephone number, the name of the | 3247 |
superintendent of the board or of an administrative officer or | 3248 |
employee of the school or program, and, in relation to a board
of | 3249 |
education, the county or counties in which each of its
schools is | 3250 |
located and the address of each such school. The
Ohio board of | 3251 |
regents shall compile, maintain, and update in
January and July of | 3252 |
each year, a list of
all institutions of a type described in | 3253 |
division
(A)(7) of this section that
contains the name of each | 3254 |
such institution, the county in which
it is located, its address | 3255 |
and telephone number, and the name of
its president or other chief | 3256 |
administrative officer. A sheriff
required by division (A) or (C) | 3257 |
of this section, or authorized by
division (D)(2) of this section, | 3258 |
to provide
notices regarding an offender
or delinquent child, or a | 3259 |
designee of a
sheriff of that type,
may request the department of | 3260 |
job and family services, department of
education, or Ohio board of | 3261 |
regents, by telephone, in person, or by mail, to provide the | 3262 |
sheriff or designee with the names, addresses, and telephone | 3263 |
numbers of the appropriate persons and entities to whom the | 3264 |
notices described in divisions
(A)(2) to (7) of this section
are | 3265 |
to be provided. Upon receipt of a request, the
department or | 3266 |
board shall provide the requesting sheriff or
designee with the | 3267 |
names, addresses, and telephone numbers of the
appropriate persons | 3268 |
and entities to whom those notices are to be
provided. | 3269 |
(2) The attorney general, a chief of police, marshal, or | 3279 |
other chief law
enforcement officer of a municipal corporation, a | 3280 |
sheriff, a constable or
chief of police of a township police | 3281 |
department or police district police
force, and a deputy,
officer, | 3282 |
or employee of the office of the attorney general, the law | 3283 |
enforcement agency served by the marshal or the municipal or | 3284 |
township chief,
the office of the sheriff, or the constable; | 3285 |
(1) No later than July 1, 1997, establish and maintain a | 3311 |
state registry of sex offenders that is housed at the bureau of | 3312 |
criminal
identification and investigation and that contains all of | 3313 |
the registration,
change of residence address, and verification | 3314 |
information the bureau receives
pursuant to sections 2950.04, | 3315 |
2950.05, and 2950.06 of the
Revised Code
regarding a person who is | 3316 |
convicted of or pleads guilty to, or has been
convicted of or | 3317 |
pleaded guilty to, a sexually oriented
offense
or a person who is | 3318 |
adjudicated a delinquent child for committing a sexually oriented | 3319 |
offense and is classified a juvenile sex
offender registrant or is | 3320 |
an out-of-state juvenile sex offender registrant based on that | 3321 |
adjudication, and all of the information
the bureau receives | 3322 |
pursuant to section
2950.14 of the Revised
Code; | 3323 |
(3) In consultation with local law enforcement | 3328 |
representatives and no
later than July 1, 1997, adopt rules for | 3329 |
the
implementation and administration of the provisions contained | 3330 |
in section
2950.11 of the Revised Code that pertain to the | 3331 |
notification of
neighbors of
a personan offender or a delinquent | 3332 |
child who has committed a sexually
oriented offense and has
been | 3333 |
adjudicated as being a
sexually
violentsexual predator or | 3334 |
determined to
be a
habitual sex offender, and
rules that prescribe | 3335 |
a manner in
which victims of a
sexually
oriented offense committed | 3336 |
by
a personan offender or a delinquent child who has been | 3337 |
adjudicated as
being a sexual predator or determined to be a | 3338 |
habitual sex
offender may make a request that specifies that the | 3339 |
victim would
like to be provided the notices described in | 3340 |
divisions (A)(1) and
(2) of section 2950.10 of the Revised Code.; | 3341 |
(4) In consultation with local law enforcement | 3342 |
representatives and through
the bureau of criminal
identification | 3343 |
and investigation, prescribe the forms to be used by judges and | 3344 |
officials pursuant to section 2950.03 of the Revised Code
to | 3345 |
advise offenders
and delinquent children of their duties of | 3346 |
registration, notification of
a change
of residence address and | 3347 |
registration of the new
residence address, and
residence address | 3348 |
verification under
sections 2950.04, 2950.05, and 2950.06 of
the | 3349 |
Revised Code, and
prescribe the forms to be used by
sheriffs | 3350 |
relative to those
duties of registration,
change of residence | 3351 |
address notification,
and residence address
verification; | 3352 |
(9) In consultation with the director of education, the | 3372 |
director of
job and family
services, and the director of | 3373 |
rehabilitation and correction and no later than
July 1, 1997, | 3374 |
adopt rules that contain
guidelines to be followed by boards of | 3375 |
education of a school district,
chartered nonpublic schools or | 3376 |
other schools not operated by a board of
education, preschool | 3377 |
programs, child day-care centers, type
A family day-care homes, | 3378 |
certified type
B family day-care homes, and institutions of
higher | 3379 |
education regarding the proper use and administration of | 3380 |
information
received pursuant to section 2950.11 of the Revised | 3381 |
Code
relative to
a personan offender or delinquent child who has | 3382 |
been adjudicated as being a
sexual predator or
determined to be a | 3383 |
habitual sex offender; | 3384 |
Sec. 2950.14. (A) Prior to releasing
an offender who is | 3404 |
under the custody and control of the department of
rehabilitation | 3405 |
and correction and who has been convicted of or
pleaded guilty to | 3406 |
committing, either prior to, on, or after January
1, 1997, any | 3407 |
sexually
oriented offense, the
department
of rehabilitation and | 3408 |
correction shall provide all of the
following information | 3409 |
described in division (B) of this
section to the bureau of | 3410 |
criminal identification and investigation regarding the offender. | 3411 |
Prior to releasing a delinquent child who is in the
custody of the | 3412 |
department of youth services and who has
been
adjudicated a | 3413 |
delinquent child for
committing on or after the effective
date of | 3414 |
this amendment a sexually oriented offense, the
department of | 3415 |
youth services shall
provide all of the information
described in | 3416 |
division
(B) of this section to the
bureau of
criminal | 3417 |
identification and investigation regarding
the delinquent
child. | 3418 |
Sec. 2950.99. (A) Whoever violates a prohibition in section | 3444 |
2950.04, 2950.05,
or 2950.06 of the Revised Code is guilty of a | 3445 |
felony of the fifth degree
if the most serious sexually oriented | 3446 |
offense that was the basis of the registration, change of address | 3447 |
notification, or address verification requirement that was | 3448 |
violated under the prohibition is a felony
if committed by an | 3449 |
adult,
and a misdemeanor of
the first degree if the most serious | 3450 |
sexually oriented offense
that was the basis of the registration, | 3451 |
change of address
notification, or address verification | 3452 |
requirement that was
violated under the prohibition is a | 3453 |
misdemeanor
if committed by an
adult. In addition to
any penalty | 3454 |
or sanction imposed for the violation, if the
offender
or | 3455 |
delinquent child is on probation or parole, is subject to
one or | 3456 |
more
post-release control sanctions, or is subject to any other | 3457 |
type
of supervised release at the time of the violation, the | 3458 |
violation shall constitute a violation of the terms and
conditions | 3459 |
of the probation, parole, post-release control
sanction, or other | 3460 |
type of supervised release. | 3461 |
Section 2. That existing sections 2151.23, 2152.02,
| 3497 |
2152.19, 2152.22, 2919.24, 2950.01,
2950.02, 2950.03,
2950.04, | 3498 |
2950.05, 2950.06, 2950.07, 2950.09,
2950.10,
2950.11,
2950.12, | 3499 |
2950.13, 2950.14, 2950.99, and 5139.13 of the
Revised
Code are | 3500 |
hereby repealed. | 3501 |
Section 2152.02 of the Revised Code, as presented
in this | 3514 |
act, includes matter that was amended into former section
2151.02 | 3515 |
of the Revised Code by S.B. 218 of the 123rd General
Assembly. | 3516 |
Paragraphs of former section 2151.02 of the Revised
Code were | 3517 |
transferred to section 2152.02 of the Revised Code by
S.B. 179 of | 3518 |
the 123rd General Assembly as part of its general
revision of the | 3519 |
juvenile sentencing laws. The General Assembly,
applying the | 3520 |
principle stated in division (B) of section 1.52 of
the Revised | 3521 |
Code that amendments are to be harmonized if
reasonably capable of | 3522 |
simultaneous operation, finds that the
version of section 2152.02 | 3523 |
of the Revised Code presented in this
act is the resulting version | 3524 |
of the section in effect prior to the
date of the section as | 3525 |
presented in this act. | 3526 |