As Reported by the House Criminal Justice Committee

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


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

REPRESENTATIVES Latta, Faber, Reidelbach, Hughes, Seitz



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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (15) To conduct the hearings, and to make the determinations,82
adjudications, and orders authorized or required under sections83
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding84
a child who has been adjudicated a delinquent child.85

       (B) Except as provided in division (I) of section 2301.03 of86
the Revised Code, the juvenile court has original jurisdiction87
under the Revised Code:88

       (1) To hear and determine all cases of misdemeanors charging89
adults with any act or omission with respect to any child, which90
act or omission is a violation of any state law or any municipal91
ordinance;92

       (2) To determine the paternity of any child alleged to have93
been born out of wedlock pursuant to sections 3111.01 to 3111.1894
of the Revised Code;95

       (3) Under the uniform interstate family support act in96
Chapter 3115. of the Revised Code;97

       (4) To hear and determine an application for an order for98
the support of any child, if the child is not a ward of another99
court of this state;100

       (5) To hear and determine an action commenced under section101
3111.28 of the Revised Code;102

       (6) To hear and determine a motion filed under section103
3119.961 of the Revised Code.104

       (C) The juvenile court, except as to juvenile courts that105
are a separate division of the court of common pleas or a separate106
and independent juvenile court, has jurisdiction to hear,107
determine, and make a record of any action for divorce or legal108
separation that involves the custody or care of children and that109
is filed in the court of common pleas and certified by the court110
of common pleas with all the papers filed in the action to the111
juvenile court for trial, provided that no certification of that112
nature shall be made to any juvenile court unless the consent of113
the juvenile judge first is obtained. After a certification of114
that nature is made and consent is obtained, the juvenile court115
shall proceed as if the action originally had been begun in that116
court, except as to awards for spousal support or support due and117
unpaid at the time of certification, over which the juvenile court118
has no jurisdiction.119

       (D) The juvenile court, except as provided in division (I)120
of section 2301.03 of the Revised Code, has jurisdiction to hear121
and determine all matters as to custody and support of children122
duly certified by the court of common pleas to the juvenile court123
after a divorce decree has been granted, including jurisdiction to124
modify the judgment and decree of the court of common pleas as the125
same relate to the custody and support of children.126

       (E) The juvenile court, except as provided in division (I)127
of section 2301.03 of the Revised Code, has jurisdiction to hear128
and determine the case of any child certified to the court by any129
court of competent jurisdiction if the child comes within the130
jurisdiction of the juvenile court as defined by this section.131

       (F)(1) The juvenile court shall exercise its jurisdiction in132
child custody matters in accordance with sections 3109.04, 3109.21133
to 3109.36, and 5103.20 to 5103.28 of the Revised Code.134

       (2) The juvenile court shall exercise its jurisdiction in135
child support matters in accordance with section 3109.05 of the136
Revised Code.137

       (G) Any juvenile court that makes or modifies an order for138
child support shall comply with Chapters 3119., 3121., 3123., and139
3125. of the Revised Code. If any person required to pay child140
support under an order made by a juvenile court on or after April141
15, 1985, or modified on or after December 1, 1986, is found in142
contempt of court for failure to make support payments under the143
order, the court that makes the finding, in addition to any other144
penalty or remedy imposed, shall assess all court costs arising145
out of the contempt proceeding against the person and require the146
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 of148
contempt.149

       (H) If a child who is charged with an act that would be an150
offense if committed by an adult was fourteen years of age or151
older and under eighteen years of age at the time of the alleged152
act and if the case is transferred for criminal prosecution153
pursuant to section 2152.12 of the Revised Code, the juvenile154
court does not have jurisdiction to hear or determine the case155
subsequent to the transfer. The court to which the case is156
transferred for criminal prosecution pursuant to that section has157
jurisdiction subsequent to the transfer to hear and determine the158
case in the same manner as if the case originally had been159
commenced in that court, including, but not limited to,160
jurisdiction to accept a plea of guilty or another plea authorized161
by Criminal Rule 11 or another section of the Revised Code and162
jurisdiction to accept a verdict and to enter a judgment of163
conviction pursuant to the Rules of Criminal Procedure against the164
child for the commission of the offense that was the basis of the165
transfer of the case for criminal prosecution, whether the166
conviction is for the same degree or a lesser degree of the167
offense charged, for the commission of a lesser-included offense,168
or for the commission of another offense that is different from169
the offense charged.170

       (I) If a person under eighteen years of age allegedly171
commits an act that would be a felony if committed by an adult and172
if the person is not taken into custody or apprehended for that173
act until after the person attains twenty-one years of age, the174
juvenile court does not have jurisdiction to hear or determine any175
portion of the case charging the person with committing that act.176
In those circumstances, divisions (A) and (B) of section 2152.12177
of the Revised Code do not apply regarding the act, and the case178
charging the person with committing the act shall be a criminal179
prosecution commenced and heard in the appropriate court having180
jurisdiction of the offense as if the person had been eighteen181
years of age or older when the person committed the act. All182
proceedings pertaining to the act shall be within the jurisdiction183
of the court having jurisdiction of the offense, and that court184
has all the authority and duties in the case that it has in other185
criminal cases in that court.186

       Sec. 2152.02.  As used in this chapter:187

       (A) "Act charged" means the act that is identified in a188
complaint, indictment, or information alleging that a child is a189
delinquent child.190

       (B) "Admitted to a department of youth services facility"191
includes admission to a facility operated, or contracted for, by192
the department and admission to a comparable facility outside this193
state by another state or the United States.194

       (C)(1) "Child" means a person who is under eighteen years of195
age, except as otherwise provided in divisions (C)(2) to (6) of196
this section.197

       (2) Subject to division (C)(3) of this section, any person198
who violates a federal or state law or a municipal ordinance prior199
to attaining eighteen years of age shall be deemed a "child"200
irrespective of that person's age at the time the complaint with201
respect to that violation is filed or the hearing on the complaint202
is held.203

       (3) Any person who, while under eighteen years of age,204
commits an act that would be a felony if committed by an adult and205
who is not taken into custody or apprehended for that act until206
after the person attains twenty-one years of age is not a child in207
relation to that act.208

       (4) Any person whose case is transferred for criminal209
prosecution pursuant to section 2152.12 of the Revised Code shall210
be deemed after the transfer not to be a child in the transferred211
case.212

       (5) Any person whose case is transferred for criminal213
prosecution pursuant to section 2152.12 of the Revised Code and214
who subsequently is convicted of or pleads guilty to a felony in215
that case, and any person who is adjudicated a delinquent child216
for the commission of an act, who has a serious youthful offender217
dispositional sentence imposed for the act pursuant to section218
2152.13 of the Revised Code, and whose adult portion of the219
dispositional sentence is invoked pursuant to section 2152.14 of220
the Revised Code, shall be deemed after the transfer or invocation221
not to be a child in any case in which a complaint is filed222
against the person.223

       (6) The juvenile court has jurisdiction over a person who is224
adjudicated a delinquent child or juvenile traffic offender prior225
to attaining eighteen years of age until the person attains226
twenty-one years of age, and, for purposes of that jurisdiction227
related to that adjudication, a person who is so adjudicated a228
delinquent child or juvenile traffic offender shall be deemed a229
"child" until the person attains twenty-one years of age.230

       (D) "Chronic truant" means any child of compulsory school231
age who is absent without legitimate excuse for absence from the232
public school the child is supposed to attend for seven or more233
consecutive school days, ten or more school days in one school234
month, or fifteen or more school days in a school year.235

       (E) "Community corrections facility," "public safety beds,"236
"release authority," and "supervised release" have the same237
meanings as in section 5139.01 of the Revised Code.238

       (F) "Delinquent child" includes any of the following:239

       (1) Any child, except a juvenile traffic offender, who240
violates any law of this state or the United States, or any241
ordinance of a political subdivision of the state, that would be242
an offense if committed by an adult;243

       (2) Any child who violates any lawful order of the court244
made under this chapter or under Chapter 2151. of the Revised Code245
other than an order issued under section 2151.87 of the Revised246
Code;247

       (3) Any child who violates division (A) of section 2923.211248
of the Revised Code;249

       (4) Any child who is a habitual truant and who previously250
has been adjudicated an unruly child for being a habitual truant;251

       (5) Any child who is a chronic truant.252

       (G) "Discretionary serious youthful offender" means a person253
who is eligible for a discretionary SYO and who is not transferred254
to adult court under a mandatory or discretionary transfer.255

       (H) "Discretionary SYO" means a case in which the juvenile256
court, in the juvenile court's discretion, may impose a serious257
youthful offender disposition under section 2152.13 of the Revised258
Code.259

       (I) "Discretionary transfer" means that the juvenile court260
has discretion to transfer a case for criminal prosecution under261
division (B) of section 2152.12 of the Revised Code.262

       (J) "Drug abuse offense," "felony drug abuse offense," and263
"minor drug possession offense" have the same meanings as in264
section 2925.01 of the Revised Code.265

       (K) "Electronic monitoring device," "certified electronic266
monitoring device," "electronically monitored house arrest,"267
"electronic monitoring system," and "certified electronic268
monitoring system" have the same meanings as in section 2929.23 of269
the Revised Code.270

       (L) "Economic loss" means any economic detriment suffered by271
a victim of a delinquent act as a result of the delinquent act and272
includes any loss of income due to lost time at work because of273
any injury caused to the victim and any property loss, medical274
cost, or funeral expense incurred as a result of the delinquent275
act.276

       (M) "Firearm" has the same meaning as in section 2923.11 of277
the Revised Code.278

       (N) "Juvenile traffic offender" means any child who violates279
any traffic law, traffic ordinance, or traffic regulation of this280
state, the United States, or any political subdivision of this281
state, other than a resolution, ordinance, or regulation of a282
political subdivision of this state the violation of which is283
required to be handled by a parking violations bureau or a joint284
parking violations bureau pursuant to Chapter 4521. of the Revised285
Code.286

       (O) A "legitimate excuse for absence from the public school287
the child is supposed to attend" has the same meaning as in288
section 2151.011 of the Revised Code.289

       (P) "Mandatory serious youthful offender" means a person who290
is eligible for a mandatory SYO and who is not transferred to291
adult court under a mandatory or discretionary transfer.292

       (Q) "Mandatory SYO" means a case in which the juvenile court293
is required to impose a mandatory serious youthful offender294
disposition under section 2152.13 of the Revised Code.295

       (R) "Mandatory transfer" means that a case is required to be296
transferred for criminal prosecution under division (A) of section297
2152.12 of the Revised Code.298

       (S) "Mental illness" has the same meaning as in section299
5122.01 of the Revised Code.300

       (T) "Mentally retarded person" has the same meaning as in301
section 5123.01 of the Revised Code.302

       (U) "Monitored time" and "repeat violent offender" have the303
same meanings as in section 2929.01 of the Revised Code.304

       (V) "Of compulsory school age" has the same meaning as in305
section 3321.01 of the Revised Code.306

       (W) "Public record" has the same meaning as in section307
149.43 of the Revised Code.308

       (X) "Serious youthful offender" means a person who is309
eligible for a mandatory SYO or discretionary SYO but who is not310
transferred to adult court under a mandatory or discretionary311
transfer.312

       (Y) "Sexually oriented offense," has"habitual sex313
offender," "juvenile sex offender registrant," and "sexual314
predator" have the same meaningmeanings as in section 2950.01 of315
the Revised Code.316

       (Z) "Traditional juvenile" means a case that is not317
transferred to adult court under a mandatory or discretionary318
transfer, that is eligible for a disposition under sections319
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and320
that is not eligible for a disposition under section 2152.13 of321
the Revised Code.322

       (AA) "Transfer" means the transfer for criminal prosecution323
of a case involving the alleged commission by a child of an act324
that would be an offense if committed by an adult from the325
juvenile court to the appropriate court that has jurisdiction of326
the offense.327

       (BB) "Category one offense" means any of the following:328

       (1) A violation of section 2903.01 or 2903.02 of the Revised329
Code;330

       (2) A violation of section 2923.02 of the Revised Code331
involving an attempt to commit aggravated murder or murder.332

       (CC) "Category two offense" means any of the following:333

       (1) A violation of section 2903.03, 2905.01, 2907.02,334
2909.02, 2911.01, or 2911.11 of the Revised Code;335

       (2) A violation of section 2903.04 of the Revised Code that336
is a felony of the first degree;337

       (3) A violation of section 2907.12 of the Revised Code as it338
existed prior to September 3, 1996.339

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent340
child, the court may make any of the following orders of341
disposition, in addition to any other disposition authorized or342
required by this chapter:343

       (1) Any order that is authorized by section 2151.353 of the344
Revised Code for the care and protection of an abused, neglected,345
or dependent child.;346

       (2) Commit the child to the temporary custody of any school,347
camp, institution, or other facility operated for the care of348
delinquent children by the county, by a district organized under349
section 2152.41 or 2151.65 of the Revised Code, or by a private350
agency or organization, within or without the state, that is351
authorized and qualified to provide the care, treatment, or352
placement required;353

       (3) Place the child on community control under any354
sanctions, services, and conditions that the court prescribes. As355
a condition of community control in every case and in addition to356
any other condition that it imposes upon the child, the court357
shall require the child to abide by the law during the period of358
community control. As referred to in this division, community359
control includes, but is not limited to, the following sanctions360
and conditions:361

       (a) A period of basic probation supervision in which the362
child is required to maintain contact with a person appointed to363
supervise the child in accordance with sanctions imposed by the364
court;365

       (b) A period of intensive probation supervision in which the366
child is required to maintain frequent contact with a person367
appointed by the court to supervise the child while the child is368
seeking or maintaining employment and participating in training,369
education, and treatment programs as the order of disposition;370

       (c) A period of day reporting in which the child is required371
each day to report to and leave a center or another approved372
reporting location at specified times in order to participate in373
work, education or training, treatment, and other approved374
programs at the center or outside the center;375

       (d) A period of community service of up to five hundred376
hours for an act that would be a felony or a misdemeanor of the377
first degree if committed by an adult, up to two hundred hours for378
an act that would be a misdemeanor of the second, third, or fourth379
degree if committed by an adult, or up to thirty hours for an act380
that would be a minor misdemeanor if committed by an adult;381

       (e) A requirement that the child obtain a high school382
diploma, a certificate of high school equivalence, vocational383
training, or employment;384

       (f) A period of drug and alcohol use monitoring;385

       (g) A requirement of alcohol or drug assessment or386
counseling, or a period in an alcohol or drug treatment program387
with a level of security for the child as determined necessary by388
the court;389

       (h) A period in which the court orders the child to observe390
a curfew that may involve daytime or evening hours;391

       (i) A requirement that the child serve monitored time;392

       (j) A period of house arrest with or without electronic393
monitoring;394

       (k) A period of electronic monitoring without house arrest or395
electronically monitored house arrest that does not exceed the396
maximum sentence of imprisonment that could be imposed upon an397
adult who commits the same act.398

       A period of electronically monitored house arrest imposed399
under this division shall not extend beyond the child's400
twenty-first birthday. If a court imposes a period of401
electronically monitored house arrest upon a child under this402
division, it shall require the child: to wear, otherwise have403
attached to the child's person, or otherwise be subject to404
monitoring by a certified electronic monitoring device or to405
participate in the operation of and monitoring by a certified406
electronic monitoring system; to remain in the child's home or407
other specified premises for the entire period of electronically408
monitored house arrest except when the court permits the child to409
leave those premises to go to school or to other specified410
premises; to be monitored by a central system that can determine411
the child's location at designated times; to report periodically412
to a person designated by the court; and to enter into a written413
contract with the court agreeing to comply with all requirements414
imposed by the court, agreeing to pay any fee imposed by the court415
for the costs of the electronically monitored house arrest, and416
agreeing to waive the right to receive credit for any time served417
on electronically monitored house arrest toward the period of any418
other dispositional order imposed upon the child if the child419
violates any of the requirements of the dispositional order of420
electronically monitored house arrest. The court also may impose421
other reasonable requirements upon the child.422

       Unless ordered by the court, a child shall not receive credit423
for any time served on electronically monitored house arrest424
toward any other dispositional order imposed upon the child for425
the act for which was imposed the dispositional order of426
electronically monitored house arrest.427

       (l) A suspension of the driver's license, probationary428
driver's license, or temporary instruction permit issued to the429
child or a suspension of the registration of all motor vehicles430
registered in the name of the child. A child whose license or431
permit is so suspended is ineligible for issuance of a license or432
permit during the period of suspension. At the end of the period433
of suspension, the child shall not be reissued a license or permit434
until the child has paid any applicable reinstatement fee and435
complied with all requirements governing license reinstatement.436

       (4) Commit the child to the custody of the court;437

       (5) Require the child to not be absent without legitimate438
excuse from the public school the child is supposed to attend for439
five or more consecutive days, seven or more school days in one440
school month, or twelve or more school days in a school year;441

       (6)(a) If a child is adjudicated a delinquent child for442
being a chronic truant or an habitual truant who previously has443
been adjudicated an unruly child for being a habitual truant, do444
either or both of the following:445

       (i) Require the child to participate in a truancy prevention446
mediation program;447

       (ii) Make any order of disposition as authorized by this448
section, except that the court shall not commit the child to a449
facility described in division (A)(2) of this section unless the450
court determines that the child violated a lawful court order made451
pursuant to division (C)(1)(e) of section 2151.354 of the Revised452
Code or division (A)(5) of this section.453

       (b) If a child is adjudicated a delinquent child for being a454
chronic truant or a habitual truant who previously has been455
adjudicated an unruly child for being a habitual truant and the456
court determines that the parent, guardian, or other person having457
care of the child has failed to cause the child's attendance at458
school in violation of section 3321.38 of the Revised Code, do459
either or both of the following:460

       (i) Require the parent, guardian, or other person having461
care of the child to participate in a truancy prevention mediation462
program;463

       (ii) Require the parent, guardian, or other person having464
care of the child to participate in any community service program,465
preferably a community service program that requires the466
involvement of the parent, guardian, or other person having care467
of the child in the school attended by the child.468

       (7) Make any further disposition that the court finds469
proper, except that the child shall not be placed in any of the470
following:471

       (a) A state correctional institution, a county, multicounty,472
or municipal jail or workhouse, or another place in which an adult473
convicted of a crime, under arrest, or charged with a crime is474
held;475

       (b) A community corrections facility, if the child would be476
covered by the definition of public safety beds for purposes of477
sections 5139.41 to 5139.45 of the Revised Code if the court478
exercised its authority to commit the child to the legal custody479
of the department of youth services for institutionalization or480
institutionalization in a secure facility pursuant to this481
chapter.482

       (B) If a child is adjudicated a delinquent child, in483
addition to any order of disposition made under division (A) of484
this section, the court, in the following situations, shall485
suspend the child's temporary instruction permit, restricted486
license, probationary driver's license, or nonresident operating487
privilege, or suspend the child's ability to obtain such a permit:488

       (1) The child is adjudicated a delinquent child for489
violating section 2923.122 of the Revised Code, with the490
suspension and denial being in accordance with division (E)(1)(a),491
(c), (d), or (e) of section 2923.122 of the Revised Code.492

       (2) The child is adjudicated a delinquent child for493
committing an act that if committed by an adult would be a drug494
abuse offense or for violating division (B) of section 2917.11 of495
the Revised Code, with the suspension continuing until the child496
attends and satisfactorily completes a drug abuse or alcohol abuse497
education, intervention, or treatment program specified by the498
court. During the time the child is attending the program, the499
court shall retain any temporary instruction permit, probationary500
driver's license, or driver's license issued to the child, and the501
court shall return the permit or license when the child502
satisfactorily completes the program.503

       (C) The court may establish a victim-offender mediation504
program in which victims and their offenders meet to discuss the505
offense and suggest possible restitution. If the court obtains506
the assent of the victim of the delinquent act committed by the507
child, the court may require the child to participate in the508
program.509

       (D)(1) If a child is adjudicated a delinquent child for510
committing an act that would be a felony if committed by an adult511
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, the513
court, prior to issuing an order of disposition under this514
section, shall order the preparation of a victim impact statement515
by the probation department of the county in which the victim of516
the act resides, by the court's own probation department, or by a517
victim assistance program that is operated by the state, a county,518
a municipal corporation, or another governmental entity. The court519
shall consider the victim impact statement in determining the520
order of disposition to issue for the child.521

       (2) Each victim impact statement shall identify the victim522
of the act for which the child was adjudicated a delinquent child,523
itemize any economic loss suffered by the victim as a result of524
the act, identify any physical injury suffered by the victim as a525
result of the act and the seriousness and permanence of the526
injury, identify any change in the victim's personal welfare or527
familial relationships as a result of the act and any528
psychological impact experienced by the victim or the victim's529
family as a result of the act, and contain any other information530
related to the impact of the act upon the victim that the court531
requires.532

       (3) A victim impact statement shall be kept confidential and533
is not a public record. However, the court may furnish copies of534
the statement to the department of youth services if the535
delinquent child is committed to the department or to both the536
adjudicated delinquent child or the adjudicated delinquent child's537
counsel and the prosecuting attorney. The copy of a victim impact538
statement furnished by the court to the department pursuant to539
this section shall be kept confidential and is not a public540
record. The copies of a victim impact statement that are made541
available to the adjudicated delinquent child or the adjudicated542
delinquent child's counsel and the prosecuting attorney pursuant543
to this division shall be returned to the court by the person to544
whom they were made available immediately following the imposition545
of an order of disposition for the child under this chapter.546

       (4) The department of youth services shall work with local547
probation departments and victim assistance programs to develop a548
standard victim impact statement.549

       (E) If a child is adjudicated a delinquent child for being a550
chronic truant or an habitual truant who previously has been551
adjudicated an unruly child for being an habitual truant and the552
court determines that the parent, guardian, or other person having553
care of the child has failed to cause the child's attendance at554
school in violation of section 3321.38 of the Revised Code, in555
addition to any order of disposition it makes under this section,556
the court shall warn the parent, guardian, or other person having557
care of the child that any subsequent adjudication of the child as558
an unruly or delinquent child for being an habitual or chronic559
truant may result in a criminal charge against the parent,560
guardian, or other person having care of the child for a violation561
of division (C) of section 2919.21 or section 2919.24 of the562
Revised Code.563

       (F)(1) During the period of a delinquent child's community564
control granted under this section, authorized probation officers565
who are engaged within the scope of their supervisory duties or566
responsibilities may search, with or without a warrant, the person567
of the delinquent child, the place of residence of the delinquent568
child, and a motor vehicle, another item of tangible or intangible569
personal property, or other real property in which the delinquent570
child has a right, title, or interest or for which the delinquent571
child has the express or implied permission of a person with a572
right, title, or interest to use, occupy, or possess if the573
probation officers have reasonable grounds to believe that the574
delinquent child is not abiding by the law or otherwise is not575
complying with the conditions of the delinquent child's community576
control. The court that places a delinquent child on community577
control under this section shall provide the delinquent child with578
a written notice that informs the delinquent child that authorized579
probation officers who are engaged within the scope of their580
supervisory duties or responsibilities may conduct those types of581
searches during the period of community control if they have582
reasonable grounds to believe that the delinquent child is not583
abiding by the law or otherwise is not complying with the584
conditions of the delinquent child's community control. The court585
also shall provide the written notice described in division (E)(2)586
of this section to each parent, guardian, or custodian of the587
delinquent child who is described in that division.588

       (2) The court that places a child on community control under589
this section shall provide the child's parent, guardian, or other590
custodian with a written notice that informs them that authorized591
probation officers may conduct searches pursuant to division592
(E)(1) of this section. The notice shall specifically state that593
a permissible search might extend to a motor vehicle, another item594
of tangible or intangible personal property, or a place of595
residence or other real property in which a notified parent,596
guardian, or custodian has a right, title, or interest and that597
the parent, guardian, or custodian expressly or impliedly permits598
the child to use, occupy, or possess.599

       (G) If a juvenile court commits a delinquent child to the600
custody of any person, organization, or entity pursuant to this601
section and if the delinquent act for which the child is so602
committed is a sexually oriented offense, the court in the order603
of disposition shall inform the person, organization, or entity604
that it is the preferred course of action in this state that the605
child be provided treatment as described in division (F) of606
section 2152.18 of the Revised Code and shall encourage the607
person, organization, or entity to provide that treatment.608

       Sec. 2152.191.  If a child is adjudicated a delinquent child609
for committing a sexually oriented offense, if the child is610
fourteen years of age or older at the time of committing the611
offense, and if the child committed the offense on or after the612
effective date of this section, all of the following apply:613

        (A) Sections 2152.82 to 2152.85 and Chapter 2950. of the614
Revised Code apply to the child and the adjudication.615

        (B) In addition to any order of disposition it makes of the616
child under this chapter, the court may make any determination,617
adjudication, or order authorized under sections 2152.82 to618
2152.85 and Chapter 2950. of the Revised Code and shall make any619
determination, adjudication, or order required under those620
sections and that chapter.621

       Sec. 2152.22.  (A) When a child is committed to the legal622
custody of the department of youth services under this chapter,623
the juvenile court relinquishes control with respect to the child624
so committed, except as provided in divisions (B), (C), and (G) of625
this section or in sections 2152.82 to 2152.85 of the Revised626
Code. Subject to divisions (B) and (C) of this section, sections627
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections628
2152.82 to 2152.85 of the Revised Code, and any other provision of629
law that specifies a different duration for a dispositional order,630
all other dispositional orders made by the court under this631
chapter shall be temporary and shall continue for a period that is632
designated by the court in its order, until terminated or modified633
by the court or until the child attains twenty-one years of age.634

       The department shall not release the child from a department635
facility and as a result shall not discharge the child or order636
the child's release on supervised release prior to the expiration637
of the period of court control over the child or prior to the638
child's attainment of twenty-one years of age, except upon the639
order of a court pursuant to division (B) or (C) of this section640
or in accordance with section 5139.54 of the Revised Code.641

       (B)(1) The court that commits a delinquent child to the642
department may grant judicial release of the child to court643
supervision under this division, during any of the following644
periods that are applicable, provided any commitment imposed under645
division (A), (B), or (C) of section 2152.17 of the Revised Code646
has ended:647

       (a) If the child was given a disposition under section648
2152.16 of the Revised Code for committing an act that would be a649
felony of the third, fourth, or fifth degree if committed by an650
adult, at any time during the first ninety days of the period of651
court control over the child;652

       (b) If the child was given a disposition under section653
2152.13 or 2152.16 of the Revised Code, or both of those sections,654
for committing an act that would be a felony of the first or655
second degree if committed by an adult, at any time during the656
first one hundred eighty days of the period of court control over657
the child;658

       (c) If the child was committed to the department until the659
child attains twenty-one years of age for an act that would be660
aggravated murder or murder if committed by an adult, at any time661
during the first half of the prescribed period of that commitment662
of the child.663

       (2) If the department of youth services desires to release a664
child during a period specified in division (B)(1) of this665
section, it shall request the court that committed the child to666
grant a judicial release of the child to court supervision. During667
whichever of those periods is applicable, the child or the parents668
of the child also may request that court to grant a judicial669
release of the child to court supervision. Upon receipt of a670
request for a judicial release to court supervision from the671
department, the child, or the child's parent, or upon its own672
motion, the court that committed the child shall do one of the673
following: approve the release by journal entry; schedule within674
thirty days after the request is received a time for a hearing on675
whether the child is to be released; or reject the request by676
journal entry without conducting a hearing.677

       If the court rejects an initial request for a release under678
this division by the child or the child's parent, the child or the679
child's parent may make one additional request for a judicial680
release to court supervision within the applicable period. The681
additional request may be made no earlier than thirty days after682
the filing of the prior request for a judicial release to court683
supervision. Upon the filing of a second request for a judicial684
release to court supervision, the court shall either approve or685
disapprove the release by journal entry or schedule within thirty686
days after the request is received a time for a hearing on whether687
the child is to be released.688

       (3) If a court schedules a hearing under division (B)(2) of689
this section, it may order the department to deliver the child to690
the court on the date set for the hearing and may order the691
department to present to the court a report on the child's692
progress in the institution to which the child was committed and693
recommendations for conditions of supervision of the child by the694
court after release. The court may conduct the hearing without695
the child being present. The court shall determine at the hearing696
whether the child should be granted a judicial release to court697
supervision.698

       If the court approves the release, it shall order its staff699
to prepare a written treatment and rehabilitation plan for the700
child that may include any conditions of the child's release that701
were recommended by the department and approved by the court. The702
committing court shall send the juvenile court of the county in703
which the child is placed a copy of the recommended plan. The704
court of the county in which the child is placed may adopt the705
recommended conditions set by the committing court as an order of706
the court and may add any additional consistent conditions it707
considers appropriate. If a child is granted a judicial release708
to court supervision, the release discharges the child from the709
custody of the department of youth services.710

       (C)(1) The court that commits a delinquent child to the711
department may grant judicial release of the child to department712
of youth services supervision under this division, during any of713
the following periods that are applicable, provided any commitment714
imposed under division (A), (B), or (C) of section 2152.17 of the715
Revised Code has ended:716

       (a) If the child was given a disposition under section717
2152.16 of the Revised Code for an act that would be a felony of718
the third, fourth, or fifth degree if committed by an adult, at719
any time during the period of court control over the child,720
provided that at least ninety days of that period have elapsed;721

       (b) If the child was given a disposition under section722
2152.13 or 2152.16 of the Revised Code, or both of those sections,723
for an act that would be a felony of the first or second degree if724
committed by an adult, at any time during the period of court725
control over the child, provided that at least one hundred eighty726
days of that period have elapsed;727

       (c) If the child was committed to the department for an act728
that would be aggravated murder or murder if committed by an adult729
until the child attains twenty-one years of age, at any time730
during the second half of the prescribed period of that commitment731
of the child.732

       (2) If the department of youth services desires to release a733
child during a period specified in division (C)(1) of this734
section, it shall request the court that committed the child to735
grant a judicial release to department of youth services736
supervision. During whichever of those periods is applicable, the737
child or the child's parent also may request the court that738
committed the child to grant a judicial release to department of739
youth services supervision. Upon receipt of a request for740
judicial release to department of youth services supervision, the741
child, or the child's parent, or upon its own motion at any time742
during that period, the court shall do one of the following:743
approve the release by journal entry; schedule a time within744
thirty days after receipt of the request for a hearing on whether745
the child is to be released; or reject the request by journal746
entry without conducting a hearing.747

       If the court rejects an initial request for release under748
this division by the child or the child's parent, the child or the749
child's parent may make one or more subsequent requests for a750
release within the applicable period, but may make no more than751
one request during each period of ninety days that the child is in752
a secure department facility after the filing of a prior request753
for early release. Upon the filing of a request for release under754
this division subsequent to an initial request, the court shall755
either approve or disapprove the release by journal entry or756
schedule a time within thirty days after receipt of the request757
for a hearing on whether the child is to be released.758

       (3) If a court schedules a hearing under division (C)(2) of759
this section, it may order the department to deliver the child to760
the court on the date set for the hearing and shall order the761
department to present to the court at that time a treatment plan762
for the child's post-institutional care. The court may conduct763
the hearing without the child being present. The court shall764
determine at the hearing whether the child should be granted a765
judicial release to department of youth services supervision.766

       If the court approves the judicial release to department of767
youth services supervision, the department shall prepare a written768
treatment and rehabilitation plan for the child pursuant to769
division (E) of this section that shall include the conditions of770
the child's release. It shall send the committing court and the771
juvenile court of the county in which the child is placed a copy772
of the plan. The court of the county in which the child is placed773
may adopt the conditions set by the department as an order of the774
court and may add any additional consistent conditions it775
considers appropriate, provided that the court may not add any776
condition that decreases the level or degree of supervision777
specified by the department in its plan, that substantially778
increases the financial burden of supervision that will be779
experienced by the department, or that alters the placement780
specified by the department in its plan. If the court of the781
county in which the child is placed adds to the department's plan782
any additional conditions, it shall enter those additional783
conditions in its journal and shall send to the department a copy784
of the journal entry of the additional conditions.785

       If the court approves the judicial release to department of786
youth services supervision, the actual date on which the787
department shall release the child is contingent upon the788
department finding a suitable placement for the child. If the789
child is to be returned to the child's home, the department shall790
return the child on the date that the court schedules for the791
child's release or shall bear the expense of any additional time792
that the child remains in a department facility. If the child is793
unable to return to the child's home, the department shall794
exercise reasonable diligence in finding a suitable placement for795
the child, and the child shall remain in a department facility796
while the department finds the suitable placement.797

       (D) If a child is released under division (B) or (C) of this798
section and the court of the county in which the child is placed799
has reason to believe that the child's deportment is not in800
accordance with the conditions of the child's judicial release,801
the court of the county in which the child is placed shall802
schedule a time for a hearing to determine whether the child803
violated any of the post-release conditions, and, if the child was804
released under division (C) of this section, divisions (A) to (E)805
of section 5139.52 of the Revised Code apply regarding the child.806

       If that court determines at the hearing that the child807
violated any of the post-release conditions, the court, if it808
determines that the violation was a serious violation, may order809
the child to be returned to the department for810
institutionalization, consistent with the original order of811
commitment of the child, or in any case may make any other812
disposition of the child authorized by law that the court813
considers proper. If the court of the county in which the child814
is placed orders the child to be returned to a department of youth815
services institution, the time during which the child was held in816
a secure department facility prior to the child's judicial release817
shall be considered as time served in fulfilling the prescribed818
period of institutionalization that is applicable to the child819
under the child's original order of commitment. If the court820
orders the child returned to a department institution, the child821
shall remain in institutional care for a minimum of three months822
or until the child successfully completes a revocation program of823
a duration of not less than thirty days operated either by the824
department or by an entity with which the department has825
contracted to provide a revocation program.826

       (E) The department of youth services, prior to the release827
of a child pursuant to division (C) of this section, shall do all828
of the following:829

       (1) After reviewing the child's rehabilitative progress830
history and medical and educational records, prepare a written831
treatment and rehabilitation plan for the child that includes832
conditions of the release;833

       (2) Completely discuss the conditions of the plan prepared834
pursuant to division (E)(1) of this section and the possible835
penalties for violation of the plan with the child and the child's836
parents, guardian, or legal custodian;837

       (3) Have the plan prepared pursuant to division (E)(1) of838
this section signed by the child, the child's parents, legal839
guardian, or custodian, and any authority or person that is to840
supervise, control, and provide supportive assistance to the child841
at the time of the child's release pursuant to division (C) of842
this section;843

       (4) Prior to the child's release, file a copy of the844
treatment plan prepared pursuant to division (E)(1) of this845
section with the committing court and the juvenile court of the846
county in which the child is to be placed.847

       (F) The department of youth services shall file a written848
progress report with the committing court regarding each child849
released pursuant to division (C) of this section at least once850
every thirty days unless specifically directed otherwise by the851
court. The report shall indicate the treatment and rehabilitative852
progress of the child and the child's family, if applicable, and853
shall include any suggestions for altering the program, custody,854
living arrangements, or treatment. The department shall retain855
legal custody of a child so released until it discharges the child856
or until the custody is terminated as otherwise provided by law.857

       (G) When a child is committed to the legal custody of the858
department of youth services, the court retains jurisdiction to859
perform the functions specified in section 5139.51 of the Revised860
Code with respect to the granting of supervised release by the861
release authority and to perform the functions specified in862
section 5139.52 of the Revised Code with respect to violations of863
the conditions of supervised release granted by the release864
authority and to the revocation of supervised release granted by865
the release authority.866

       Sec. 2152.82. (A) If a child is adjudicated a delinquent867
child for committing on or after the effective date of this868
section a sexually oriented offense, the juvenile court judge who869
adjudicates the child a delinquent child shall issue an order that870
classifies the child a juvenile sex offender registrant and871
specifies that the child has a duty to register under section872
2950.04 of the Revised Code ifthe delinquent child was fourteen,873
fifteen, sixteen, or seventeen years of age at the time of874
committing the offense, and the delinquent child previously was875
adjudicated a delinquent child for committing any sexually876
oriented offense, regardless of when the prior offense was877
committed and regardless of the delinquent child's age at the time878
of committing the offense.879

       (B) An order required under division (A) of this section880
shall be issued at the time the judge makes the orders of881
disposition for the delinquent child. Prior to issuing the order,882
the judge shall conduct the hearing and make the determinations883
required by, and otherwise comply with, divisions (B) and (E) of884
section 2950.09 of the Revised Code. When a judge issues an order885
under division (A) of this section, all of the following apply:886

       (1) The judge shall include in the order any determination887
that the delinquent child is a sexual predator or is a habitual888
sex offender that the judge makes pursuant to division (B) or (E)889
of section 2950.09 of the Revised Code and any related information890
required or authorized under the division under which the891
determination is made, including, but not limited to, any892
requirement imposed by the court subjecting a child who is a893
habitual sex offender to community notification provisions as894
described in division (E) of that section.895

       (2) The judge shall include in the order a statement that,896
upon completion of the disposition of the delinquent child that897
was made for the sexually oriented offense upon which the order is898
based, a hearing will be conducted, and the order and any899
determinations included in the order are subject to modification900
or termination pursuant to section 2152.84 of the Revised Code.901

       (3) The judge shall provide a copy of the order to the902
delinquent child and to the delinquent child's parent, guardian,903
or custodian, as part of the notice provided under divisions (A)904
and (B) of section 2950.03 of the Revised Code.905

       (4) The judge shall include the order in the delinquent906
child's dispositional order and shall specify in the dispositional907
order that the order issued under division (A) of this section was908
made pursuant to this section.909

       (C) An order issued under division (A) of this section and910
any determinations included in the order shall remain in effect911
for the period of time specified in section 2950.07 of the Revised912
Code, subject to a modification or termination of the order under913
section 2152.84 or 2152.85 of the Revised Code. If an order is914
issued under division (A) of this section, the child's attainment915
of eighteen or twenty-one years of age does not affect or916
terminate the order, and the order remains in effect for the917
period of time described in this division.918

       Sec. 2152.83. (A) If a child is adjudicated a delinquent919
child for committing on or after the effective date of this920
section a sexually oriented offense, if the child was sixteen or921
seventeen years of age at the time of committing the offense, and922
if the juvenile court judge was not required to classify the child923
a juvenile sex offender registrant under section 2152.82 of the924
Revised Code, upon the child's discharge or release from a secure925
facility or at the time of disposition if the judge does not926
commit the child to the custody of a secure facility, the juvenile927
court judge who adjudicated the child a delinquent child, or that928
judge's successor in office, shall issue an order that classifies929
the child a juvenile sex offender registrant and specifies that930
the child has a duty to register under section 2950.04 of the931
Revised Code. Prior to issuing the order, the judge shall conduct932
the hearing and make the determinations required by, and otherwise933
comply with, divisions (B) and (E) of section 2950.09 of the934
Revised Code. When a judge issues an order under division (A) of935
this section, the judge shall include in the order any936
determination that the delinquent child is a sexual predator or is937
a habitual sex offender that the judge makes pursuant to division938
(B) or (E) of section 2950.09 of the Revised Code and any related939
information required or authorized under the division under which940
the determination is made, including, but not limited to, any941
requirement imposed by the court subjecting a child who is a942
habitual sex offender to community notification provisions as943
described in division (E) of that section.944

       (B) If a child is adjudicated a delinquent child for945
committing on or after the effective date of this section a946
sexually oriented offense, if the delinquent child was fourteen or947
fifteen years of age at the time of committing the offense, and if948
the juvenile court judge was not required to classify the child a949
juvenile sex offender registrant under section 2152.82 of the950
Revised Code, upon the child's discharge or release from a secure951
facility or at the time of disposition if the judge does not952
commit the child to the custody of a secure facility, the juvenile953
court judge who adjudicated the child a delinquent child, or that954
judge's successor in office, may, on the judge's own motion,955
conduct a hearing to review the effectiveness of the disposition956
and of any treatment provided for a child placed in a secure957
setting and to determine whether the child should be classified a958
juvenile sex offender registrant. The judge may conduct the959
hearing on the judge's own initiative or based upon a960
recommendation of an officer or employee of the department of961
youth services, a probation officer, an employee of the court, or962
a prosecutor or law enforcement officer. If the judge conducts963
the hearing, upon completion of the hearing, the judge, in the964
judge's discretion and after consideration of the factors listed965
in division (E) of this section, shall do either of the following:966

       (1) Decline to issue an order that classifies the child a967
juvenile sex offender registrant and specifies that the child has968
a duty to register under section 2950.04 of the Revised Code;969

       (2) Issue an order that classifies the child a juvenile sex970
offender registrant and specifies that the child has a duty to971
register under section 2950.04 of the Revised Code and, if the972
judge determines as described in division (C) of this section that973
the child is a sexual predator or a habitual sex offender, include974
in the order a statement that the judge has determined that the975
child is a sexual predator or a habitual sex offender, whichever976
is applicable.977

       (C) A judge may issue an order under division (B) of this978
section that contains a determination that a delinquent child is a979
sexual predator only if the judge, in accordance with the980
procedures specified in division (B) of section 2950.09 of the981
Revised Code, determines at the hearing by clear and convincing982
evidence that the child is a sexual predator. A judge may issue983
an order under division (B) of this section that contains a984
determination that a delinquent child is a habitual sex offender985
only if the judge determines at the hearing as described in986
division (E) of section 2950.09 of the Revised Code that the child987
is a habitual sex offender. If the judge issues an order under988
division (B) of this section that contains a determination that a989
delinquent child is a habitual sex offender, the judge may impose990
a requirement subjecting the child to community notification991
provisions as described in division (E) of section 2950.09 of the992
Revised Code.993

       (D) If a judge issues an order under division (A) or (B) of994
this section, the judge shall provide to the delinquent child and995
to the delinquent child's parent, guardian, or custodian a copy of996
the order and a notice containing the information described in997
divisions (A) and (B) of section 2950.03 of the Revised Code. The998
judge shall provide the notice at the time of the issuance of the999
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

       The judge also shall include in the order a statement that,1003
upon completion of the disposition of the delinquent child that1004
was made for the sexually oriented offense upon which the order is1005
based, a hearing will be conducted and the order is subject to1006
modification or termination pursuant to section 2152.84 of the1007
Revised Code.1008

       (E) In making a decision under division (B) of this section1009
as to whether a delinquent child should be classified a juvenile1010
sex offender registrant and, if so, whether the child also is a1011
sexual predator or a habitual sex offender, a judge shall consider1012
all relevant factors, including, but not limited to, all of the1013
following:1014

       (1) The nature of the sexually oriented offense committed by1015
the child;1016

       (2) Whether the child has shown any genuine remorse or1017
compunction for the offense;1018

       (3) The public interest and safety;1019

       (4) The factors set forth in division (B)(3) of section1020
2950.09 of the Revised Code;1021

       (5) The factors set forth in divisions (B) and (C) of1022
section 2929.12 of the Revised Code as those factors apply1023
regarding the delinquent child, the offense, and the victim;1024

       (6) The results of any treatment provided to the child and1025
of any follow-up professional assessment of the child.1026

       (F) An order issued under division (A) or (B) of this1027
section shall remain in effect for the period of time specified in1028
section 2950.07 of the Revised Code, subject to a modification or1029
termination of the order under section 2152.84 of the Revised1030
Code. The child's attainment of eighteen or twenty-one years of1031
age does not affect or terminate the order, and the order remains1032
in effect for the period of time described in this division.1033

       (G) As used in the section, "secure facility" has the same1034
meaning as in section 2950.01 of the Revised Code.1035

       Sec. 2152.84.  (A)(1) When a juvenile court judge issues an1036
order under section 2152.82 or division (A) or (B) of section1037
2152.83 of the Revised Code that classifies a delinquent child a1038
juvenile sex offender registrant and specifies that the child has1039
a duty to register under section 2950.04 of the Revised Code, upon1040
completion of the disposition of that delinquent child that the1041
judge made for the sexually oriented offense on which the juvenile1042
sex offender registrant order was based, the judge or the judge's1043
successor in office shall conduct a hearing to do all of the1044
following:1045

       (a) Review the effectiveness of the disposition and of any1046
treatment provided for the child;1047

       (b) If the order also contains a determination that the1048
delinquent child is a sexual predator that the court made pursuant1049
to division (B) of section 2950.09 of the Revised Code, determine1050
whether the classification of the child as a sexual predator or1051
juvenile sex offender registrant should be continued or modified1052
or, regarding an order issued under division (B) of section1053
2152.83 of the Revised Code, terminated;1054

       (c) If the order was issued under division (B) of section1055
2152.82 of the Revised Code and does not contain a sexual predator1056
determination that the court makes as described in division1057
(A)(1)(b) of this section, determine whether the classification of1058
the child as a juvenile sex offender registrant should be1059
continued, modified, or terminated.1060

       (2) Upon completion of a hearing under division (A)(1) of1061
this section, the judge, in the judge's discretion and after1062
consideration of the factors listed in division (E) of this1063
section, shall do one of the following, as applicable:1064

       (a) Enter an order that continues the classification of the1065
delinquent child made in the order issued under section 2152.82 or1066
division (A) or (B) of section 2152.83 of the Revised Code, and1067
any sexual predator or habitual sex offender determination1068
included in the order;1069

       (b) If the order was issued under section 2152.82 or1070
division (A) of section 2152.83 of the Revised Code and includes a1071
determination by the judge that the delinquent child is a sexual1072
predator, enter an order that contains a determination that the1073
delinquent child no longer is a sexual predator and that also1074
contains either a determination that the delinquent child is a1075
habitual sex offender or a determination that the delinquent child1076
remains a juvenile sex offender registrant but is not a sexual1077
predator or habitual sex offender;1078

       (c) If the order was issued under section 2152.82 or1079
division (A) of section 2152.83 of the Revised Code and does not1080
include a sexual predator determination as described in division1081
(A)(2)(b) of this section but includes a determination by the1082
judge that the delinquent child is a habitual sex offender, enter1083
an order that contains a determination that the delinquent child1084
no longer is a habitual sex offender and that also contains a1085
determination that the delinquent child remains a juvenile sex1086
offender registrant but is not a habitual sex offender;1087

       (d) If the order was issued under division (B) of section1088
2152.83 of the Revised Code and includes a determination by the1089
judge that the delinquent child is a sexual predator, enter an1090
order that contains a determination that the delinquent child no1091
longer is a sexual predator and that also contains a determination1092
that the delinquent child is a habitual sex offender, a1093
determination that the delinquent child remains a juvenile sex1094
offender registrant but is not a sexual predator or habitual sex1095
offender, or a determination that specifies that the delinquent1096
child no longer is a juvenile sex offender registrant and no1097
longer has a duty to register under section 2950.04 of the Revised1098
Code;1099

       (e) If the order was issued under division (B) of section1100
2152.83 of the Revised Code and does not include a sexual predator1101
determination as described in division (A)(2)(d) of this section1102
but includes a determination by the judge that the delinquent1103
child is a habitual sex offender, enter an order that contains a1104
determination that the child no longer is a habitual sex offender1105
and that also contains either a determination that the child1106
remains a juvenile sex offender registrant but is not a sexual1107
predator or habitual sex offender or a determination that1108
specifies that the child no longer is a juvenile sex offender1109
registrant and no longer has a duty to register under section1110
2950.04 of the Revised Code;1111

       (f) If the order was issued under division (B) of section1112
2152.83 of the Revised Code and the order does not include a1113
sexual predator determination or a habitual sex offender1114
determination as described in divisions (A)(2)(d) and (e) of this1115
section, enter an order that contains a determination that the1116
delinquent child no longer is a juvenile sex offender registrant1117
and no longer has a duty to register under section 2950.04 of the1118
Revised Code.1119

       (B) If a judge issues an order under division (A)(2)(a) of1120
this section that continues the prior classification of the1121
delinquent child as a juvenile sex offender registrant and any1122
sexual predator or habitual sex offender determination included in1123
the order, the prior classification and the prior determination,1124
if applicable, shall remain in effect.1125

       A judge may issue an order under division (A)(2) of this1126
section that contains a determination that a child no longer is a1127
sexual predator only if the judge, in accordance with the1128
procedures specified in division (D)(1) of section 2950.09 of the1129
Revised Code, determines at the hearing by clear and convincing1130
evidence that the delinquent child is unlikely to commit a1131
sexually oriented offense in the future. If the judge issues an1132
order of that type, the judge shall provide the notifications1133
described in division (D)(1) of section 2950.09 of the Revised1134
Code, and the recipient of the notification shall comply with the1135
provisions of that division.1136

       (C) If a judge issues an order under any provision of1137
division (A)(2) of this section, the judge shall provide to the1138
delinquent child and to the delinquent child's parent, guardian,1139
or custodian a copy of the order and a notice containing the1140
information described in divisions (A) and (B) of section 2950.031141
of the Revised Code. The judge shall provide the notice at the1142
time of the issuance of the order, shall provide the notice as1143
described in division (B)(1)(c) of that section, and shall comply1144
with divisions (B)(1), (B)(2), and (C) of that section regarding1145
that notice.1146

       (D) In making a decision under division (A) of this section,1147
a judge shall consider all relevant factors, including, but not1148
limited to, the factors listed in division (E) of section 2152.831149
of the Revised Code.1150

       (E) An order issued under division (A)(2) of this section1151
and any determinations included in the order shall remain in1152
effect for the period of time specified in section 2950.07 of the1153
Revised Code, subject to a modification or termination of the1154
order under section 2152.85 of the Revised Code. If an order is1155
issued under division (A)(2) of this section, the child's1156
attainment of eighteen or twenty-one years of age does not affect1157
or terminate the order, and the order remains in effect for the1158
period of time described in this division.1159


       Sec. 2152.85. (A) Upon the expiration of the applicable1161
period of time specified in division (B)(1) or (2) of this1162
section, a delinquent child who has been classified pursuant to1163
this section or section 2152.82 or 2152.83 of the Revised Code a1164
juvenile sex offender registrant may petition the judge who made1165
the classification, or that judge's successor in office, to do one1166
of the following:1167

       (1) If the order containing the juvenile sex offender1168
registrant classification also includes a determination by the1169
juvenile court judge that the delinquent child is a sexual1170
predator relative to the sexually oriented offense in the manner1171
described in section 2152.82 or 2152.83 of the Revised Code and1172
that determination remains in effect, to enter an order that1173
contains a determination that the child no longer is a sexual1174
predator and that also contains either a determination that the1175
child is a habitual sex offender or a determination that the child1176
remains a juvenile sex offender registrant but is not a sexual1177
predator or habitual sex offender;1178

       (2) If the order containing the juvenile sex offender1179
registrant classification under section 2152.82 or 2152.83 of the1180
Revised Code or under division (C)(2) of this section pursuant to1181
a petition filed under division (A) of this section does not1182
include a sexual predator determination as described in division1183
(A)(1) of this section but includes a determination by the1184
juvenile court judge that the delinquent child is a habitual sex1185
offender relative to the sexually oriented offense in the manner1186
described in section 2152.82 or 2152.83 of the Revised Code, or in1187
this section, and that determination remains in effect, to enter1188
an order that contains a determination that the child no longer is1189
a habitual sex offender and that also contains either a1190
determination that the child remains a juvenile sex offender1191
registrant or a determination that the child no longer is a1192
juvenile sex offender registrant and no longer has a duty to1193
register under section 2950.04 of the Revised Code;1194

       (3) If the order containing the juvenile sex offender1195
registrant classification under section 2152.82 or 2152.83 of the1196
Revised Code or under division (C)(2) of this section pursuant to1197
a petition filed under division (A) of this section does not1198
include a sexual predator or habitual sex offender determination1199
as described in division (A)(1) or (2) of this section, to enter1200
an order that contains a determination that the child no longer is1201
a juvenile sex offender registrant and no longer has a duty to1202
register under section 2950.04 of the Revised Code.1203

       (B) A delinquent child who has been adjudicated a delinquent1204
child for committing on or after the effective date of this1205
section a sexually oriented offense and who has been classified a1206
juvenile sex offender registrant relative to that sexually1207
oriented offense may file a petition under division (A) of this1208
section requesting reclassification or declassification as1209
described in that division after the expiration of one of the1210
following periods of time:1211

       (1) The delinquent child initially may file a petition not1212
earlier than three years after the entry of the juvenile court1213
judge's order after the mandatory hearing conducted under section1214
2152.84 of the Revised Code.1215

       (2) After the delinquent child's initial filing of a1216
petition under division (B)(1) of this section, the child may file1217
a second petition not earlier than three years after the judge has1218
entered an order deciding the petition under division (B)(1) of1219
this section.1220

       (3) After the delinquent child's filing of a petition under1221
division (B)(2) of this section, thereafter, the delinquent child1222
may file a petition under this division upon the expiration of1223
five years after the judge has entered an order deciding the1224
petition under division (B)(2) of this section or the most recent1225
petition the delinquent child has filed under this division.1226

       (C) Upon the filing of a petition under divisions (A) and1227
(B) of this section, the judge may review the prior classification1228
or determination in question and, upon consideration of all1229
relevant factors and information, including, but not limited to1230
the factors listed in division (E) of section 2152.83 of the1231
Revised Code, the judge, in the judge's discretion, shall do one1232
of the following:1233

       (1) Enter an order denying the petition;1234

       (2) Issue an order that reclassifies or declassifies the1235
delinquent child, in the requested manner specified in division1236
(A)(1), (2), or (3) of this section.1237

       (D) If a judge issues an order under division (C) of this1238
section that denies a petition, the prior classification of the1239
delinquent child as a juvenile sex offender registrant, and the1240
prior determination that the child is a sexual predator or1241
habitual sex offender, if applicable, shall remain in effect.1242

       A judge may issue an order under division (C) of this section1243
that contains a determination that a child no longer is a sexual1244
predator only if the judge conducts a hearing and, in accordance1245
with the procedures specified in division (D)(1) of section1246
2950.09 of the Revised Code, determines at the hearing by clear1247
and convincing evidence that the delinquent child is unlikely to1248
commit a sexually oriented offense in the future. If the judge1249
issues an order of that type, the judge shall provide the1250
notifications described in division (D)(1) of section 2950.09 of1251
the Revised Code, and the recipient of the notification shall1252
comply with the provisions of that division.1253

       A judge may issue an order under division (C) of this section1254
that contains a determination that a delinquent child is a1255
habitual sex offender only if the judge conducts a hearing and1256
determines at the hearing as described in division (E) of section1257
2950.09 of the Revised Code that the child is a habitual sex1258
offender. If the judge issues an order that contains a1259
determination that a delinquent child is a habitual sex offender,1260
the judge may impose a requirement subjecting the child to1261
community notification provisions as described in that division.1262

       (E) If a judge issues an order under division (C) of this1263
section, the judge shall provide to the delinquent child and to1264
the delinquent child's parent, guardian, or custodian a copy of1265
the order and a notice containing the information described in1266
divisions (A) and (B) of section 2950.03 of the Revised Code. The1267
judge shall provide the notice at the time of the issuance of the1268
order, shall provide the notice as described in division (B)(1)(c)1269
of section 2950.03 of the Revised Code, and shall comply with1270
divisions (B)(1), (B)(2), and (C) of that section regarding that1271
notice.1272

       (F) An order issued under division (C) of this section shall1273
remain in effect for the period of time specified in section1274
2950.07 of the Revised Code, subject to a further modification or1275
a termination of the order under this section. If an order is1276
issued under division (C) of this section, the child's attainment1277
of eighteen or twenty-one years of age does not affect or1278
terminate the order, and the order remains in effect for the1279
period of time described in this division.1280


       Sec. 2919.24.  (A) No person shall do eitherany of the1282
following:1283

       (1) Aid, abet, induce, cause, encourage, or contribute to a1284
child or a ward of the juvenile court becoming an unruly child, as1285
defined in section 2151.022 of the Revised Code, or a delinquent1286
child, as defined in section 2151.02 of the Revised Code;1287

       (2) Act in a way tending to cause a child or a ward of the1288
juvenile court to become an unruly child, as defined in section1289
2151.022 of the Revised Code, or a delinquent child, as defined in1290
section 2151.02 of the Revised Code;1291

        (3) If the person is the parent, guardian, or custodian of1292
a child who has the duties under Chapters 2152. and 2950. of the1293
Revised Code to register, to register a new residence address, and1294
to periodically verify a residence address and if the child is not1295
emancipated, as defined in section 2919.121 of the Revised Code,1296
fail to ensure that the child complies with those duties under1297
Chapters 2152. and 2950. of the Revised Code.1298

       (B) Whoever violates this section is guilty of contributing1299
to the unruliness or delinquency of a child, a misdemeanor of the1300
first degree. Each day of violation of this section is a separate1301
offense.1302


       Sec. 2950.01. As used in this chapter, unless the context1304
clearly requires otherwise:1305

       (A) "Confinement" includes, but is not limited to, a1306
community residential sanction imposed pursuant to section 2929.161307
of the Revised Code.1308

       (B) "Habitual sex offender" means, except when a juvenile1309
judge removes this classification pursuant to division (A)(2) of1310
section 2152.84 or division (C)(2) of section 2152.85 of the1311
Revised Code, a person whoto whom both of the following apply:1312

       (1) The person is convicted of or pleads guilty to a1313
sexually oriented offense and who, or the person is adjudicated a1314
delinquent child for committing on or after the effective date of1315
this amendment a sexually oriented offense, was fourteen years of1316
age or older at the time of committing the offense, and is1317
classified a juvenile sex offender registrant based on that1318
adjudication.1319

       (2) The person previously has been convicted of or pleaded1320
guilty to one or more sexually oriented offenses or, regarding a1321
delinquent child, previously has been adjudicated a delinquent1322
child for committing one or more sexually oriented offenses.1323

       (C) "Prosecutor" has the same meaning as in section 2935.011324
of the Revised Code.1325

       (D) "Sexually oriented offense" means any of the following:1326

       (1) Subject to division (D)(2) of this section, any of the1327
following violations or offenses:1328

       (1)(a) Regardless of the age of the victim of the offense, a1329
violation of section 2907.02, 2907.03, or 2907.05 of the Revised1330
Code;1331

       (2)(b) Any of the following offenses involving a minor, in1332
the circumstances specified:1333

       (a)(i) A violation of section 2905.01, 2905.02, 2905.03,1334
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim1335
of the offense is under eighteen years of age;1336

       (b)(ii) A violation of section 2907.21 of the Revised Code1337
when the person who is compelled, induced, procured, encouraged,1338
solicited, requested, or facilitated to engage in, paid or agreed1339
to be paid for, or allowed to engage in the sexual activity in1340
question is under eighteen years of age;1341

       (c)(iii) A violation of division (A)(1) or (3) of section1342
2907.321 or 2907.322 of the Revised Code;1343

       (d)(iv) A violation of division (A)(1) or (2) of section1344
2907.323 of the Revised Code;1345

       (e)(v) A violation of division (B)(5) of section 2919.22 of1346
the Revised Code when the child who is involved in the offense is1347
under eighteen years of age.1348

       (3)(c) Regardless of the age of the victim of the offense, a1349
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the1350
Revised Code, or of division (A) of section 2903.04 of the Revised1351
Code, that is committed with a purpose to gratify the sexual needs1352
or desires of the offender;1353

       (4)(d) A sexually violent offense;1354

       (5)(e) A violation of any former law of this state that was1355
substantially equivalent to any offense listed in division1356
(D)(1)(a), (2), (3)(b), (c), or (4)(d) of this section;1357

       (6)(f) A violation of an existing or former municipal1358
ordinance or law of another state or the United States, a1359
violation under the law applicable in a military court, or a1360
violation under the law applicable in an Indian tribal court that1361
is or was substantially equivalent to any offense listed in1362
division (D)(1)(a), (2), (3)(b), (c), or (4)(d) of this section;1363

       (7)(g) An attempt to commit, conspiracy to commit, or1364
complicity in committing any offense listed in division (D)(1)(a),1365
(2), (3), (4), (5)(b), (c), (d), (e), or (6)(f) of this section.1366

       (2) An act committed by a person under eighteen years of age1367
that is any of the following:1368

       (a) Except for the violations specifically described in1369
divisions (D)(2)(b) and (c) of this section and subject to1370
division (D)(2)(d) of this section, any violation listed in1371
division (D)(1) of this section that, if committed by an adult,1372
would be a felony of the first, second, third, or fourth degree;1373

       (b) Subject to division (A)(2)(d) of this section, a1374
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or1375
2905.02 of the Revised Code, a violation of division (A) of1376
section 2903.04 of the Revised Code, or an attempt to violate any1377
of those sections or that division that is committed with a1378
purpose to gratify the sexual needs or desires of the child;1379

       (c) Subject to division (A)(2)(d) of this section, a1380
violation of division (A)(1) or (3) of section 2907.321, division1381
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of1382
section 2907.323 of the Revised Code, or an attempt to violate any1383
of those divisions, if the person who violates or attempts to1384
violate the division is four or more years older than the minor1385
who is the victim of the offense;1386

       (d) If the child's case has been transferred for criminal1387
prosecution under section 2152.12 of the Revised Code, the act is1388
any violation listed in division (D)(1)(a), (b), (c), (d), (e),1389
(f), or (g) of this section or would be any offense listed in any1390
of those divisions if committed by an adult.1391

       (E) "Sexual predator" means a person whoto whom either of1392
the following applies:1393

       (1) The person has been convicted of or pleaded guilty to1394
committing a sexually oriented offense and is likely to engage in1395
the future in one or more sexually oriented offenses.1396

       (2) The person has been adjudicated a delinquent child for1397
committing a sexually oriented offense, was fourteen years of age1398
or older at the time of committing the offense, was classified a1399
juvenile sex offender registrant based on that adjudication, and1400
is likely to engage in the future in one or more sexually oriented1401
offenses.1402

       (F) "Supervised release" means a release of an offender from1403
a prison term, a term of imprisonment, or another type of1404
confinement that satisfies either of the following conditions:1405

       (1) The release is on parole, a conditional pardon, or1406
probation, under transitional control, or under a post-release1407
control sanction, and it requires the person to report to or be1408
supervised by a parole officer, probation officer, field officer,1409
or another type of supervising officer.1410

       (2) The release is any type of release that is not described1411
in division (F)(1) of this section and that requires the person to1412
report to or be supervised by a probation officer, a parole1413
officer, a field officer, or another type of supervising officer.1414

       (G) An offender or delinquent child is "adjudicated as being1415
a sexual predator" if any of the following applies and if that1416
status has not been removed pursuant to section 2152.84, 2152.85,1417
or 2950.09 of the Revised Code:1418

       (1) The offender is convicted of or pleads guilty to1419
committing, on or after January 1, 1997, a sexually oriented1420
offense that is a sexually violent offense and also is convicted1421
of or pleads guilty to a sexually violent predator specification1422
that was included in the indictment, count in the indictment, or1423
information that charged the sexually violent offense.1424

       (2) Regardless of when the sexually oriented offense was1425
committed, on or after January 1, 1997, the offender is sentenced1426
for a sexually oriented offense, and the sentencing judge1427
determines pursuant to division (B) of section 2950.09 of the1428
Revised Code that the offender is a sexual predator.1429

       (3) The delinquent child is adjudicated a delinquent child1430
for committing a sexually oriented offense, was fourteen years of1431
age or older at the time of committing the offense, and has been1432
classified a juvenile sex offender registrant based on that1433
adjudication, and the adjudicating judge or that judge's successor1434
in office determines pursuant to division (B) of section 2950.091435
or pursuant to division (B) of section 2152.83, section 2152.84,1436
or section 2152.85 of the Revised Code that the delinquent child1437
is a sexual predator.1438

       (4) Prior to January 1, 1997, the offender was convicted of1439
or pleaded guilty to, and was sentenced for, a sexually oriented1440
offense, the offender is imprisoned in a state correctional1441
institution on or after January 1, 1997, and the court determines1442
pursuant to division (C) of section 2950.09 of the Revised Code1443
that the offender is a sexual predator.1444

       (4)(5) Regardless of when the sexually oriented offense was1445
committed, the offender or delinquent child is convicted of or1446
pleads guilty to, or has been convicted of or pleaded guilty to,1447
or is adjudicated a delinquent child for committing a sexually1448
oriented offense in another state or in a federal court, military1449
court, or an Indian tribal court, as a result of that conviction1450
or, plea of guilty, or adjudication, the offender or delinquent1451
child is required, under the law of the jurisdiction in which the1452
offender was convicted or pleaded guilty or the delinquent child1453
was adjudicated, to register as a sex offender until the1454
offender's or delinquent child's death and to verify the1455
offender's or delinquent child's address on at least a quarterly1456
basis each year, and, on or after July 1, 1997, for offenders or1457
the effective date of this amendment for delinquent children the1458
offender or delinquent child moves to and resides in this state or1459
temporarily is domiciled in this state for more than seven days,1460
unless a court of common pleas or juvenile court determines that1461
the offender or delinquent child is not a sexual predator pursuant1462
to division (F) of section 2950.09 of the Revised Code.1463

       (H) "Sexually violent predator specification" and "sexually1464
violent offense" have the same meanings as in section 2971.01 of1465
the Revised Code.1466

       (I) "Post-release control sanction" and "transitional1467
control" have the same meanings as in section 2967.01 of the1468
Revised Code.1469

       (J) "Juvenile sex offender registrant" means a person who is1470
adjudicated a delinquent child for committing on or after the1471
effective date of this amendment a sexually oriented offense, who1472
is fourteen years of age or older at the time of committing the1473
offense, and who a juvenile court judge, pursuant to an order1474
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 of the1475
Revised Code, classifies as a juvenile sex offender registrant and1476
specifies has a duty to register under section 2950.04 of the1477
Revised Code.1478

       (K) "Secure facility" means any facility that is designed1479
and operated to ensure that all of its entrances and exits are1480
locked and under the exclusive control of its staff and to ensure1481
that, because of that exclusive control, no person who is1482
institutionalized or confined in the facility may leave the1483
facility without permission or supervision.1484

       (L) "Out-of-state juvenile sex offender registrant" means a1485
person who is adjudicated a delinquent child for committing a1486
sexually oriented offense in another state or in a federal court,1487
military court, or Indian tribal court, who on or after the1488
effective date of this amendment moves to and resides in this1489
state or temporarily is domiciled in this state for more than1490
seven days, and who under section 2950.04 of the Revised Code has1491
a duty to register in this state as described in that section.1492

       Sec. 2950.02.  (A) The general assembly hereby determines1493
and declares that it recognizes and finds all of the following:1494

       (1) If the public is provided adequate notice and1495
information about sexual predators, habitual sex offenders, and1496
certain other offenders and delinquent children who commit1497
sexually oriented offenses, members of the public and communities1498
can develop constructive plans to prepare themselves and their1499
children for the sexual predator's, habitual sex offender's, or1500
other offender's or delinquent child's release from imprisonment,1501
a prison term, or other confinement or detention. This allows1502
members of the public and communities to meet with members of law1503
enforcement agencies to prepare and obtain information about the1504
rights and responsibilities of the public and the communities and1505
to provide education and counseling to their children.1506

       (2) Sexual predators and habitual sex offenders pose a high1507
risk of engaging in further offenses even after being released1508
from imprisonment, a prison term, or other confinement or1509
detention and that protection of members of the public from sexual1510
predators and habitual sex offenders is a paramount governmental1511
interest.1512

       (3) The penal,juvenile, and mental health components of the1513
justice system of this state are largely hidden from public view,1514
and a lack of information from eitherany component may result in1515
the failure of both systemsthe system to satisfy this paramount1516
governmental interest of public safety described in division1517
(A)(2) of this section.1518

       (4) Overly restrictive confidentiality and liability laws1519
governing the release of information about sexual predators and1520
habitual sex offenders have reduced the willingness to release1521
information that could be appropriately released under the public1522
disclosure laws and have increased risks of public safety.1523

       (5) A person who is found to be a sexual predator or a1524
habitual sex offender has a reduced expectation of privacy because1525
of the public's interest in public safety and in the effective1526
operation of government.1527

       (6) The release of information about sexual predators and1528
habitual sex offenders to public agencies and the general public1529
will further the governmental interests of public safety and1530
public scrutiny of the criminal,juvenile, and mental health1531
systems as long as the information released is rationally related1532
to the furtherance of those goals.1533

       (B) The general assembly hereby declares that, in providing1534
in this chapter for registration regarding sexual predators,1535
habitual sex offenders, and offenders and certain delinquent1536
children who have committed sexually oriented offenses and for1537
community notification regarding sexual predators and habitual sex1538
offenders who are about to be or have been released from1539
imprisonment, a prison term, or other confinement or detention and1540
who will live in or near a particular neighborhood or who1541
otherwise will live in or near a particular neighborhood, it is1542
the general assembly's intent to protect the safety and general1543
welfare of the people of this state. The general assembly further1544
declares that it is the policy of this state to require the1545
exchange in accordance with this chapter of relevant information1546
about sexual predators and habitual sex offenders among public1547
agencies and officials and to authorize the release in accordance1548
with this chapter of necessary and relevant information about1549
sexual predators and habitual sex offenders to members of the1550
general public as a means of assuring public protection and that1551
the exchange or release of that information is not punitive.1552

       Sec. 2950.03. (A) Each person who has been convicted of, is1553
convicted of, has pleaded guilty to, or pleads guilty to a1554
sexually oriented offense and who has a duty to register pursuant1555
to section 2950.04 of the Revised Code, and each person who is1556
adjudicated a delinquent child for committing a sexually oriented1557
offense and who is classified pursuant to section 2152.82 or1558
division (A) of section 2152.83 of the Revised Code a juvenile sex1559
offender registrant based on that adjudication, shall be provided1560
notice in accordance with this section of the offender's or1561
delinquent child's duty to register under that section 2950.04 of1562
the Revised Code, the offender's or delinquent child's duty to1563
provide notice of any change in the offender's or delinquent1564
child's residence address and to register the new residence1565
address pursuant to section 2950.05 of the Revised Code, and the1566
offender's or delinquent child's duty to periodically verify the1567
offender's or delinquent child's residence address pursuant to1568
section 2950.06 of the Revised Code. The following official shall1569
provide the notice to the offender or delinquent child at the1570
following time:1571

       (1) Regardless of when the offender committed the sexually1572
oriented offense, if the person is an offender who is sentenced1573
for the sexually oriented offense to a prison term, a term of1574
imprisonment, or any other type of confinement, and if, on or1575
after January 1, 1997, the offender is serving that term or is1576
under that confinement, the official in charge of the jail,1577
workhouse, state correctional institution, or other institution in1578
which the offender serves the prison term, term of imprisonment,1579
or confinement, or a designee of that official, shall provide the1580
notice to the offender before the offender is released pursuant to1581
any type of supervised release or before the offender otherwise is1582
released from the prison term, term of imprisonment, or1583
confinement.1584

       (2) Regardless of when the offender committed the sexually1585
oriented offense, if the person is an offender who is sentenced1586
for thatthe sexually oriented offense on or after January 1,1587
1997, and if division (A)(1) of this section does not apply, the1588
judge shall provide the notice to the offender at the time of1589
sentencing.1590

       (3) If the person is an offender who committed the sexually1591
oriented offense prior to January 1, 1997, if neither division1592
(A)(1) nor division (A)(2) of this section applies, and if,1593
immediately prior to January 1, 1997, the offender was a habitual1594
sex offender who was required to register under Chapter 2950. of1595
the Revised Code, the chief of police or sheriff with whom the1596
offender most recently registered under that chapter, in the1597
circumstances described in this division, shall provide the notice1598
to the offender. If the offender has registered with a chief of1599
police or sheriff under Chapter 2950. of the Revised Code as it1600
existed prior to January 1, 1997, the chief of police or sheriff1601
with whom the offender most recently registered shall provide the1602
notice to the offender as soon as possible after January 1, 1997,1603
as described in division (B)(1) of this section. If the offender1604
has not registered with a chief of police or sheriff under that1605
chapter, the failure to register shall constitute a waiver by the1606
offender of any right to notice under this section. If an1607
offender described in this division does not receive notice under1608
this section, the offender is not relieved of the duty to1609
register, the duty to provide notice of any change in residence1610
address and to register the new residence address, and the duty to1611
periodically verify the residence address, as described in1612
division (A) of this section.1613

       (4) If the offenderperson is an offender of the type1614
described in division (A)(1) of this section and if, subsequent to1615
release, the offender is adjudicated as being a sexual predator1616
pursuant to division (C) of section 2950.09 of the Revised Code,1617
the judge shall provide the notice to the offender at the time of1618
adjudication.1619

       (5) If the person is a delinquent child who is classified1620
pursuant to section 2152.82 or division (A) of section 2152.83 of1621
the Revised Code a juvenile sex offender registrant, the judge1622
shall provide the notice to the delinquent child at the time of1623
the classification.1624

       (B)(1) The notice provided under division (A) of this1625
section shall inform the offender or delinquent child of the1626
offender's duty to register under section 2950.04 of the Revised1627
Code, to notify the appropriate officials of a change in the1628
offender's or delinquent child's residence address and to register1629
the new residence address in accordance with section 2950.05 of1630
the Revised Code, and to periodically verify a residence address1631
under section 2950.06 of the Revised Code. The notice shall1632
comport with the following:1633

       (a) If the notice is provided to an offender under division1634
(A)(3) of this section, the notice shall be on a form that is1635
prescribed by the bureau of criminal identification and1636
investigation and that states the offender's duties to register,1637
to register a new residence address, and to periodically verify a1638
residence address and that, if the offender has any questions1639
concerning these duties, the offender may contact the chief of1640
police or sheriff who sent the form for an explanation of the1641
duties. If the offender appears in person before the chief of1642
police or sheriff, the chief or sheriff shall provide the notice1643
as described in division (B)(1)(a) of this section, and all1644
provisions of this section that apply regarding a notice provided1645
by an official, official's designee, or judge in that manner shall1646
be applicable.1647

       (b) If the notice is provided to an offender under division1648
(A)(1), (2), or (4) of this section, the official, official's1649
designee, or judge shall require the offender to read and sign a1650
form prescribed by the bureau of criminal identification and1651
investigation, stating that the offender's duties to register, to1652
register a new residence address, and to periodically verify a1653
residence address have been explained to the offender. If the1654
offender is unable to read, the official, official's designee, or1655
judge shall certify on the form that the official, designee, or1656
judge specifically informed the offender of those duties and that1657
the offender indicated an understanding of those duties.1658

       (c) If the notice is provided to a delinquent child under1659
division (A)(5) of this section, the judge shall require the1660
delinquent child and the delinquent child's parent, guardian, or1661
custodian to read and sign a form prescribed by the bureau of1662
criminal identification and investigation, stating that the1663
delinquent child's duties to register, to register a new residence1664
address, and to periodically verify a residence address have been1665
explained to the delinquent child and to the delinquent child's1666
parent, guardian, or custodian. If the delinquent child or the1667
delinquent child's parent, guardian, or custodian is unable to1668
read, the judge shall certify on the form that the judge1669
specifically informed the delinquent child or the delinquent1670
child's parent, guardian, or custodian of those duties and that1671
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 this1674
section, the form used shall contain all of the information1675
required by the bureau of criminal identification and1676
investigation, including, but not limited to, a statement that the1677
subject delinquent child if applicable has been classified by the1678
adjudicating juvenile court judge or the judge's successor in1679
office a juvenile sex offender registrant and has a duty to1680
register, a statement as to whether the offender or delinquent1681
child has been adjudicated as being a sexual predator relative to1682
the sexually oriented offense in question, a statement as to1683
whether the offender or delinquent child has been determined to be1684
a habitual sex offender, an explanation of the periodic residence1685
address verification process and of the frequency with which the1686
offender or delinquent child will be required to verify the1687
residence address under that process, and a statement that the1688
offender or delinquent child must verify the residence address at1689
the times specified under that process or face criminal1690
prosecution or a delinquent child proceeding.1691

       (d)(e) If the notice is provided under division (A)(4) of1692
this section, in addition to all other information contained on1693
it, the form also shall include a statement that the notice1694
replaces any notice previously provided to the offender under1695
division (A)(1) of this section, a statement that the offender's1696
duties described in this notice supersede the duties described in1697
the prior notice, and a statement notifying the offender that, if1698
the offender already has registered under section 2950.04 of the1699
Revised Code, the offender must register again pursuant to1700
division (A)(6) of that section.1701

       (f) If the notice is provided under division (A)(5) of this1702
section, the form, in addition to all other information contained1703
on it, shall inform the delinquent child and the delinquent1704
child's parent, guardian, or custodian that, if the delinquent1705
child fails to comply with the requirements of sections 2950.04,1706
2950.05, and 2950.06 of the Revised Code, both of the following1707
apply:1708

       (i) If the delinquent child's failure occurs while the child1709
is under eighteen years of age, the child is subject to1710
proceedings under Chapter 2152. of the Revised Code based on the1711
failure, but if the failure occurs while the child is eighteen1712
years of age or older, the child is subject to criminal1713
prosecution based on the failure.1714

       (ii) If the delinquent child's failure occurs while the1715
child is under eighteen years of age, unless the child is1716
emancipated, as defined in section 2919.121 of the Revised Code,1717
the failure of the parent, guardian, or custodian to ensure that1718
the child complies with those requirements is a violation of1719
section 2919.24 of the Revised Code and may result in the1720
prosecution of the parent, guardian, or custodian for that1721
violation.1722

       (2)(a) After an offender described in division (A)(1), (2),1723
or (4) of this section has signed the form described in division1724
(B)(1) of this section or the official, official's designee, or1725
judge has certified on itthe form that itthe form has been1726
explained to the offender and that the offender indicated an1727
understanding of the duties indicated on it, the official,1728
official's designee, or judge shall give one copy of the form to1729
the offender, within three days shall send one copy of the form to1730
the bureau of criminal identification and investigation in1731
accordance with the procedures adopted pursuant to section 2950.131732
of the Revised Code, and shall send one copy of the form to the1733
sheriff of the county in which the offender expects to reside.1734
After1735

       (b) After a chief of police or sheriff has sent a form to an1736
offender under division (A)(3) of this section, the chief or1737
sheriff shall send a copy of the form to the bureau of criminal1738
identification and investigation in accordance with the procedures1739
adopted pursuant to section 2950.13 of the Revised Code.1740

       (c) After a delinquent child described in division (A)(5) of1741
this section and the delinquent child's parent, guardian, or1742
custodian have signed the form described in division (B)(1) of1743
this section or the judge has certified on the form that the form1744
has been explained to the delinquent child or the delinquent1745
child's parent, guardian, or custodian and that the delinquent1746
child or the delinquent child's parent, guardian, or custodian1747
indicated an understanding of the duties and information indicated1748
on the form, the judge shall give a copy of the form to both the1749
delinquent child and to the delinquent child's parent, guardian,1750
or custodian, within three days shall send one copy of the form to1751
the bureau of criminal identification and investigation in1752
accordance with the procedures adopted pursuant to section 2950.131753
of the Revised Code, and shall send one copy of the form to the1754
sheriff of the county in which the delinquent child expects to1755
reside.1756

       (C) The official, official's designee, judge, chief of1757
police, or sheriff who is required to provide notice to an1758
offender or delinquent child under division (A) of this section1759
shall do all of the following:1760

       (1) If the notice is provided under division (A)(1), (2), or1761
(4), or (5) of this section, the official, designee, or judge1762
shall determine the offender's or delinquent child's name,1763
identifying factors, and expected future residence address, shall1764
obtain the offender's or delinquent child's criminal and1765
delinquency history, and shall obtain a photograph and the1766
fingerprints of the offender or delinquent child. If the notice1767
is provided by a judge under division (A)(2) or, (4), or (5) of1768
this section, the sheriff shall provide the offender's or1769
delinquent child's criminal and delinquency history to the judge.1770
The official, official's designee, or judge shall obtain this1771
information and these items prior to giving the notice, except1772
that a judge may give the notice prior to obtaining the offender's1773
or delinquent child's criminal and delinquency history. Within1774
three days after receiving this information and these items, the1775
official, official's designee, or judge shall forward the1776
information and items to the bureau of criminal identification and1777
investigation in accordance with the forwarding procedures adopted1778
pursuant to section 2950.13 of the Revised Code and to the sheriff1779
of the county in which the offender or delinquent child expects to1780
reside. If the notice is provided under division (A)(5) of this1781
section and if the delinquent child has been committed to the1782
department of youth services or to a secure facility, the judge,1783
in addition to the other information and items described in this1784
division, also shall forward to the bureau and to the sheriff1785
notification that the child has been so committed. If it has not1786
already done so, the bureau of criminal identification and1787
investigation shall forward a copy of the fingerprints and1788
conviction data received under this division to the federal bureau1789
of investigation.1790

       (2) If the notice is provided under division (A)(3) of this1791
section, the chief of police or sheriff shall determine the1792
offender's name, identifying factors, and residence address, shall1793
obtain the offender's criminal history from the bureau of criminal1794
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 these1797
items, the chief or sheriff shall forward the information and1798
items to the bureau of criminal identification and investigation1799
in accordance with the forwarding procedures adopted pursuant to1800
section 2950.13 of the Revised Code and, in relation to a chief of1801
police, to the sheriff of the county in which the offender1802
resides. If it has not already done so, the bureau of criminal1803
identification and investigation shall forward a copy of the1804
fingerprints and conviction data so received to the federal bureau1805
of investigation.1806

       Sec. 2950.04. (A)(1) Each of the following types of offender1807
who is convicted of or pleads guilty to, or has been convicted of1808
or pleaded guilty to, a sexually oriented offense and who is1809
described in division (A)(1), (2), or (3) of this section shall1810
register personally with the sheriff of the following applicable1811
described county and at the following timewithin seven days of1812
the offender's coming into a county in which the offender resides1813
or temporarily is domiciled for more than seven days:1814

       (1)(a) Regardless of when the sexually oriented offense was1815
committed, if thean offender who is sentenced for the sexually1816
oriented offense to a prison term, a term of imprisonment, or any1817
other type of confinement and if, on or after July 1, 1997, the1818
offender is released in any manner from the prison term, term of1819
imprisonment, or confinement, within seven days of the offender's1820
coming into any county in which the offender resides or1821
temporarily is domiciled for more than seven days, the offender1822
shall register with the sheriff of that county.;1823

       (2)(b) Regardless of when the sexually oriented offense was1824
committed, if thean offender who is sentenced for a sexually1825
oriented offense on or after July 1, 1997, and ifto whom division1826
(A)(1)(a) of this section does not apply, within seven days of the1827
offender's coming into any county in which the offender resides or1828
temporarily is domiciled for more than seven days, the offender1829
shall register with the sheriff of that county.;1830

       (3)(c) If the sexually oriented offense was committed prior1831
to July 1, 1997, ifand neither division (A)(1)(a) nor division1832
(A)(2)(1)(b) of this section applies, and ifan offender who,1833
immediately prior to July 1, 1997, the offender was a habitual sex1834
offender who was required to register under Chapter 2950. of the1835
Revised Code, within seven days of the offender's coming into any1836
county in which the offender resides or temporarily is domiciled1837
for more than seven days, the offender shall register with the1838
sheriff of that county.1839

       (2) Each child who is adjudicated a delinquent child for1840
committing a sexually oriented offense, who is classified a1841
juvenile sex offender registrant based on that adjudication, and1842
who is described in division (A)(2) of this section shall register1843
personally with the sheriff of the county within seven days of the1844
delinquent child's coming into a county in which the delinquent1845
child resides or temporarily is domiciled for more than seven1846
days.If the delinquent child is committed for the sexually1847
oriented offense to the department of youth services or to a1848
secure facility that is not operated by the department, this duty1849
begins when the delinquent child is discharged or released in any1850
manner from custody in a department of youth services secure1851
facility or from the secure facility that is not operated by the1852
department, if pursuant to the discharge or release the delinquent1853
child is not committed to any other secure facility of the1854
department or any other secure facility. The delinquent child does1855
not have a duty to register under this division while the child is1856
in a department of youth services secure facility or in a secure1857
facility that is not operated by the department.1858

       (4)(3) If divisions (A)(1) and (2) of this section do not1859
apply, each following type of offender and each following type of1860
delinquent child shall register personally with the sheriff of the1861
county within seven days of the offender's or delinquent child's1862
coming into a county in which the offender or delinquent child1863
resides or temporarily is domiciled for more than seven days:1864

       (a) Regardless of when the sexually oriented offense was1865
committed, if divisions (A)(1), (2), and (3) of this section do1866
not apply, if the offendera person who is convicted of or, pleads1867
guilty to, or is adjudicated a delinquent child for committing a1868
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 for1871
delinquent children, the offender or delinquent child moves to and1872
resides in this state or temporarily is domiciled in this state1873
for more than seven days, and if, at the time the offender or1874
delinquent child moves to and resides in this state or temporarily1875
is domiciled in this state for more than seven days, the offender1876
or delinquent child has a duty to register as a sex offender under1877
the law of that other jurisdiction as a result of the conviction1878
or, guilty plea, within seven days of the offender's coming into1879
any county in which the offender resides or temporarily is1880
domiciled for more than seven days, the offender shall register1881
with the sheriff of that countyor adjudication.1882

       (5)(b) Regardless of when the sexually oriented offense was1883
committed, if divisions (A)(1), (2), and (3) of this section do1884
not apply, if the offendera person who is convicted of or, pleads1885
guilty to, or is adjudicated a delinquent child for committing a1886
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 for1889
delinquent children, the offender or delinquent child is released1890
from imprisonment or, confinement, or detention imposed for that1891
offense, and if, on or after July 1, 1997, for offenders, or the1892
effective date of this amendment for delinquent children, the1893
offender or delinquent child moves to and resides in this state or1894
temporarily is domiciled in this state for more than seven days,1895
within seven days of the offender's coming into any county in1896
which the offender resides or temporarily is domiciled for more1897
than seven days the offender shall register with the sheriff of1898
that county. The duty to register as described in this division1899
applies to an offender regardless of whether the offender, at the1900
time of moving to and residing in this state or temporarily being1901
domiciled in this state for more than seven days, has a duty to1902
register as a sex offender under the law of the jurisdiction in1903
which the conviction or guilty plea occurred. The duty to register1904
as described in this division applies to a delinquent child only1905
if the delinquent child, at the time of moving to and residing in1906
this state or temporarily being domiciled in this state for more1907
than seven days, has a duty to register as a sex offender under1908
the law of the jurisdiction in which the delinquent child1909
adjudication occurred or if, had the delinquent child adjudication1910
occurred in this state, the adjudicating juvenile court judge1911
would have been required to issue an order classifying the1912
delinquent child as a juvenile sex offender registrant pursuant to1913
section 2152.82 or division (A) of section 2152.83 of the Revised1914
Code.1915

       (6)(4) If division (A)(1)(a) of this section applies and if,1916
subsequent to the offender's release, the offender is adjudicated1917
to be a sexual predator under division (C) of section 2950.09 of1918
the Revised Code, the offender shall register within seven days of1919
the adjudication with the sheriff of the county in which the1920
offender resides or temporarily is domiciled for more than seven1921
days and shall register with the sheriff of any county in which1922
the offender subsequently resides or temporarily is domiciled for1923
more than seven days within seven days of coming into that county.1924

       (5) A person who is adjudicated a delinquent child for1925
committing a sexually oriented offense is not required to register1926
under division (A)(2) of this section unless the delinquent child1927
committed the offense on or after the effective date of this1928
amendment, is classified a juvenile sex offender registrant by a1929
juvenile court judge pursuant to an order issued under section1930
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based1931
on that adjudication, and has a duty to register pursuant to1932
division (A)(2) of this section.1933

       (B) An offender or delinquent child who is required by1934
division (A) of this section to register personally shall obtain1935
from the sheriff or from a designee of the sheriff a registration1936
form that conforms to division (C) of this section, shall complete1937
and sign the form, and shall return the completed form together1938
with the offender's or delinquent child's photograph to the1939
sheriff or the designee. The sheriff or designee shall sign the1940
form and indicate on the form the date on which it is so returned.1941
The registration required under this division is complete when the1942
offender or delinquent child returns the form, containing the1943
requisite information, photograph, signatures, and date, to the1944
sheriff or designee.1945

       (C) The registration form to be used under divisions (A) and1946
(B) of this section shall contain the current residence address of1947
the offender or delinquent child who is registering, the name and1948
address of the offender's or delinquent child's employer, if the1949
offender or delinquent child is employed at the time of1950
registration or if the offender or delinquent child knows at the1951
time of registration that the offender or delinquent child will be1952
commencing employment with that employer subsequent to1953
registration, and any other information required by the bureau of1954
criminal identification and investigation and shall include the1955
offender's or delinquent child's photograph. Additionally, if the1956
offender or delinquent child has been adjudicated as being a1957
sexual predator relative to the sexually oriented offense in1958
question and the court has not subsequently determined pursuant to1959
division (D) of section 2950.09, section 2152.84, or section1960
2152.85 of the Revised Code that the offender or delinquent child1961
no longer is a sexual predator or if the sentencing judge1962
determined pursuant to division (C) of section 2950.09, division1963
(B) of section 2152.83, section 2152.84, or section 2152.85 of the1964
Revised Code that the offender or delinquent child is a habitual1965
sex offender, and the determination has not been removed pursuant1966
to section 2152.84 or 2152.85 of the Revised Code, the offender or1967
delinquent child shall include on the signed, written registration1968
form all of the following information:1969

       (1) A specific declaration that the person has been1970
adjudicated as being a sexual predator or has been determined to1971
be a habitual sex offender, whichever is applicable;1972

       (2) If the offender or delinquent child has been adjudicated1973
as being a sexual predator, the identification license plate1974
number of each motor vehicle the offender or delinquent child owns1975
and of each motor vehicle registered in the offender's or1976
delinquent child's name.1977

       (D) After an offender or delinquent child registers with a1978
sheriff pursuant to this section, the sheriff shall forward the1979
signed, written registration form and photograph to the bureau of1980
criminal identification and investigation in accordance with the1981
forwarding procedures adopted pursuant to section 2950.13 of the1982
Revised Code. The bureau shall include the information and1983
materials forwarded to it under this division in the state1984
registry of sex offenders established and maintained under section1985
2950.13 of the Revised Code.1986

       (E) No person who is required to register pursuant to1987
divisions (A) and (B) of this section shall fail to register as1988
required in accordance with those divisions or that division.1989

       (F) An offender or delinquent child who is required to1990
register pursuant to divisions (A) and (B) of this section shall1991
register pursuant to this section for the period of time specified1992
in section 2950.07 of the Revised Code.1993

       Sec. 2950.05.  (A) If an offender or delinquent child is1994
required to register pursuant to section 2950.04 of the Revised1995
Code, the offender or delinquent child, at least seven days prior1996
to changing the offender's or delinquent child's residence address1997
during the period during which the offender or delinquent child is1998
required to register, shall provide written notice of the1999
residence address change to the sheriff with whom the offender or2000
delinquent child most recently registered under section 2950.04 of2001
the Revised Code or under division (B) of this section.2002

       (B) If an offender or delinquent child is required to2003
provide notice of a residence address change under division (A) of2004
this section, the offender or delinquent child, at least seven2005
days prior to changing the residence address, also shall register2006
the new residence address in the manner described in divisions (B)2007
and (C) of section 2950.04 of the Revised Code with the sheriff of2008
the county in which the offender's or delinquent child's new2009
residence address is located, subject to division (C) of this2010
section.2011

       (C) Divisions (A) and (B) of this section apply to a person2012
who is required to register pursuant to section 2950.04 of the2013
Revised Code regardless of whether the new residence address is in2014
this state or in another state. If the new residence address is2015
in another state, the person shall register with the appropriate2016
law enforcement officials in that state in the manner required2017
under the law of that state and within the earlier of the period2018
of time required under the law of that state or at least seven2019
days prior to changing the residence address.2020

       (D)(1) Upon receiving from an offender or delinquent child2021
pursuant to division (A) of this section notice of a change of the2022
offender's or delinquent child's residence address, a sheriff2023
promptly shall forward the new residence address to the bureau of2024
criminal identification and investigation in accordance with the2025
forwarding procedures adopted pursuant to section 2950.13 of the2026
Revised Code if the new residence address is in another state or,2027
if the offender's or delinquent child's new residence address is2028
located in another county in this state, to the sheriff of that2029
county. The bureau shall include all information forwarded to it2030
under this division in the state registry of sex offenders2031
established and maintained under section 2950.13 of the Revised2032
Code and shall forward notice of the offender's or delinquent2033
child's new residence address to the appropriate officials in the2034
other state.2035

       (2) When an offender or delinquent child registers a new2036
residence address pursuant to division (B) of this section, the2037
sheriff with whom the offender or delinquent child registers and2038
the bureau of criminal identification and investigation shall2039
comply with division (D) of section 2950.04 of the Revised Code.2040

       (E)(1) No person who is required to notify a sheriff of a2041
change of address pursuant to division (A) of this section shall2042
fail to notify the appropriate sheriff in accordance with that2043
division.2044

       (2) No person who is required to register a new residence2045
address with a sheriff or with an official of another state2046
pursuant to divisions (B) and (C) of this section shall fail to2047
register with the appropriate sheriff or official of the other2048
state in accordance with those divisions.2049

       (F) An offender or delinquent child who is required to2050
comply with divisions (A), (B), and (C) of this section shall do2051
so for the period of time specified in section 2950.07 of the2052
Revised Code.2053

       Sec. 2950.06.  (A) An offender or delinquent child who is2054
required to register pursuant to section 2950.04 of the Revised2055
Code shall periodically verify the offender's or delinquent2056
child's current residence address in accordance with this section.2057
The frequency of verification shall be determined in accordance2058
with division (B) of this section, and the manner of verification2059
shall be determined in accordance with division (C) of this2060
section.2061

       (B) The frequency with which an offender or delinquent child2062
must verify the offender's or delinquent child's current residence2063
address pursuant to division (A) of this section shall be2064
determined as follows:2065

       (1) Regardless of when the sexually oriented offense for2066
which the offender or delinquent child is required to register was2067
committed, if the offender or delinquent child has been2068
adjudicated as being a sexual predator relative to the sexually2069
oriented offense and if the court has not subsequently entered a2070
determination pursuant to division (D) of section 2950.09, section2071
2152.84, or section 2152.85 of the Revised Code that the offender2072
or delinquent child no longer is a sexual predator, the offender2073
or delinquent child shall verify the offender's or delinquent2074
child's current residence address in accordance with division (C)2075
of this section every ninety days after the offender's or2076
delinquent child's initial registration date during the period the2077
offender or delinquent child is required to register.2078

       (2) In all circumstances not described in division (B)(1) of2079
this section, the offender or delinquent child shall verify the2080
offender's or delinquent child's current residence address in2081
accordance with division (C) of this section on each anniversary2082
of the offender's or delinquent child's initial registration date2083
during the period the offender or delinquent child is required to2084
register.2085

       (C)(1) An offender or delinquent child who is required to2086
verify the offender's or delinquent child's current residence2087
address pursuant to division (A) of this section shall verify the2088
address with the sheriff with whom the offender or delinquent2089
child most recently registered by personally appearing before the2090
sheriff or a designee of the sheriff, no earlier than ten days2091
before the date on which the verification is required pursuant to2092
division (B) of this section and no later than the date so2093
required for verification, and completing and signing a copy of2094
the verification form prescribed by the bureau of criminal2095
identification and investigation. The sheriff or designee shall2096
sign the completed form and indicate on the form the date on which2097
it is so completed. The verification required under this division2098
is complete when the offender or delinquent child personally2099
appears before the sheriff or designee and completes and signs the2100
form as described in this division.2101

       (2) To facilitate the verification of an offender's or2102
delinquent child's current residence address under division (C)(1)2103
of this section, the sheriff with whom the offender or delinquent2104
child most recently registered may mail a nonforwardable2105
verification form prescribed by the bureau of criminal2106
identification and investigation to the offender's or delinquent2107
child's last reported address and to the last reported address of2108
the parents of the delinquent child, with a notice that2109
conspicuously states that the offender or delinquent child must2110
personally appear before the sheriff or a designee of the sheriff2111
to complete the form and the date by which the form must be so2112
completed. Regardless of whether a sheriff mails a form to an2113
offender or delinquent child and that child's parents, each2114
offender or delinquent child who is required to verify the2115
offender's or delinquent child's current residence address2116
pursuant to division (A) of this section shall personally appear2117
before the sheriff or a designee of the sheriff to verify the2118
address in accordance with division (C)(1) of this section.2119

       (D) The verification form to be used under division (C) of2120
this section shall contain the current residence address of the2121
offender or delinquent child, the name and address of the2122
offender's or delinquent child's employer if the offender or2123
delinquent child is employed at the time of verification or if the2124
offender or delinquent child knows at the time of verification2125
that the offender or delinquent child will be commencing2126
employment with that employer subsequent to verification, and any2127
other information required by the bureau of criminal2128
identification and investigation.2129

       (E) Upon an offender's or delinquent child's personal2130
appearance and completion of a verification form under division2131
(C) of this section, a sheriff promptly shall forward a copy of2132
the verification form to the bureau of criminal identification and2133
investigation in accordance with the forwarding procedures adopted2134
by the attorney general pursuant to section 2950.13 of the Revised2135
Code. The bureau shall include all information forwarded to it2136
under this division in the state registry of sex offenders2137
established and maintained under section 2950.13 of the Revised2138
Code.2139

       (F) No person who is required to verify a current residence2140
address pursuant to divisions (A) to (C) of this section shall2141
fail to verify a current residence address in accordance with2142
those divisions by the date required for the verification as set2143
forth in division (B) of this section, provided that no person2144
shall be prosecuted or subjected to a delinquent child proceeding2145
for a violation of this division, and that no parent, guardian, or2146
custodian of a delinquent child shall be prosecuted for a2147
violation of section 2919.24 of the Revised Code based on the2148
delinquent child's violation of this division, prior to the2149
expiration of the period of time specified in division (G) of this2150
section.2151

       (G)(1) If an offender or delinquent child fails to verify a2152
current residence address as required by divisions (A) to (C) of2153
this section by the date required for the verification as set2154
forth in division (B) of this section, the sheriff with whom the2155
offender or delinquent child is required to verify the current2156
residence address, on the day following that date required for the2157
verification, shall send a written warning to the offender or to2158
the delinquent child and that child's parents, at the offender's2159
or delinquent child's and that child's parents last known2160
residence address, regarding the offender's or delinquent child's2161
duty to verify the offender's or delinquent child's current2162
residence address. The2163

       The written warning shall identifydo all of the following:2164

       (a) Identify the sheriff who sends it and the date on which2165
it is sent and shall state;2166

       (b) State conspicuously that the offender or delinquent2167
child has failed to verify the offender's or delinquent child's2168
current residence address by the date required for the2169
verification,;2170

       (c) Conspicuously state that the offender or delinquent2171
child has seven days from the date on which the warning is sent to2172
verify the current residence address with the sheriff who sent the2173
warning,;2174

       (d) Conspicuously state that a failure to timely verify the2175
current residence address is a felony offense,;2176

       (e) Conspicuously state that, if the offender or delinquent2177
child verifies the current residence address with that sheriff2178
within that seven-day-period, the offender or delinquent child2179
will not be prosecuted or subjected to a delinquent child2180
proceeding for a failure to timely verify a current residence2181
address, and the delinquent child's parent, guardian, or custodian2182
will not be prosecuted based on a failure of the delinquent child2183
to timely verify an address;2184

       (f) Conspicuously state that, if the offender or delinquent2185
child does not verify the current residence address with that2186
sheriff within that seven-day-period, the offender or delinquent2187
child will be arrested or taken into custody, as appropriate, and2188
prosecuted or subjected to a delinquent child proceeding for a2189
failure to timely verify a current residence address and the2190
delinquent child's parent, guardian, or custodian may be2191
prosecuted for a violation of section 2919.24 of the Revised Code2192
based on the delinquent child's failure to timely verify a current2193
residence address.2194

       (2) If an offender or delinquent child fails to verify a2195
current residence address as required by divisions (A) to (C) of2196
this section by the date required for the verification as set2197
forth in division (B) of this section, the offender or delinquent2198
child shall not be prosecuted or subjected to a delinquent child2199
proceeding for a violation of division (F) of this section, and2200
the delinquent child's parent, guardian, or custodian shall not be2201
prosecuted for a violation of section 2919.24 of the Revised Code2202
based on the delinquent child's failure to timely verify a current2203
residence address, unless the seven-day-period subsequent to that2204
date that the offender or delinquent child is provided under2205
division (G)(1) of this section to verify the current residence2206
address has expired and the offender or delinquent child, prior to2207
the expiration of that seven-day-period, has not verified the2208
current residence address. Upon the expiration of the2209
seven-day-period that the offender or delinquent child is provided2210
under division (G)(1) of this section to verify the current2211
residence address has expired, if the offender or delinquent child2212
has not verified the current residence address, all of the2213
following apply:2214

       (a) The sheriff with whom the offender or delinquent child2215
is required to verify the current residence address promptly shall2216
notify the bureau of criminal identification and investigation of2217
the failure.2218

       (b) The sheriff with whom the offender or delinquent child2219
is required to verify the current residence address, the sheriff2220
of the county in which the offender or delinquent child resides,2221
or a deputy of the appropriate sheriff, shall locate the offender2222
or delinquent child, promptly shall seek a warrant for the arrest2223
or taking into custody, as appropriate, of the offender or2224
delinquent child for the violation of division (F) of this section2225
and shall arrest the offender or take the child into custody, as2226
appropriate.2227

       (c) The offender or delinquent child is subject to2228
prosecution or a delinquent child proceeding for the violation of2229
division (F) of this section, and the delinquent child's parent,2230
guardian, or custodian may be subject to prosecution for a2231
violation of section 2919.24 of the Revised Code based on the2232
delinquent child's violation of that division.2233

       (H) A person who is required to verify the person's current2234
residence address pursuant to divisions (A) to (C) of this section2235
shall do so for the period of time specified in section 2950.07 of2236
the Revised Code.2237

       Sec. 2950.07.  (A) The duty of an offender who is convicted2238
of or pleads guilty to, or has been convicted of or pleaded guilty2239
to, a sexually oriented offense and the duty of a delinquent child2240
who is adjudicated a delinquent child for committing a sexually2241
oriented offense and is classified a juvenile sex offense2242
registrant or who is an out-of-state juvenile sex offender2243
registrant to comply with sections 2950.04, 2950.05, and 2950.062244
of the Revised Code commences on whichever of the following dates2245
is applicable:2246

       (1) If the offender's duty to register is imposed pursuant2247
to division (A)(1)(a) of section 2950.04 of the Revised Code, the2248
offender's duty to comply with those sections commences on the2249
date of the offender's release from a prison term, a term of2250
imprisonment, or any other type of confinement or on July 1, 1997,2251
whichever is later.2252

       (2) If the offender's duty to register is imposed pursuant2253
to division (A)(2)(1)(b) of section 2950.04 of the Revised Code,2254
the offender's duty to comply with those sections commences on the2255
date of entry of the judgment of conviction of the sexually2256
oriented offense or on July 1, 1997, whichever is later.2257

       (3) If the offender's duty to register is imposed pursuant2258
to division (A)(3)(1)(c) of section 2950.04 of the Revised Code,2259
the offender's duty to comply with those sections commences2260
fourteen days after July 1, 1997.2261

       (4) If the offender's or delinquent child's duty to register2262
is imposed pursuant to division (A)(4) or (5)(3)(a) or (b) of2263
section 2950.04 of the Revised Code, the offender's duty to comply2264
with those sections commences on the effective date of this2265
amendmentMarch30, 1999, or on the date that the offender begins2266
to reside or becomes temporarily domiciled in this state,2267
whichever is later, and the delinquent child's duty commences on2268
the effective date of this amendment or on the date the delinquent2269
child begins to reside or becomes temporarily domiciled in this2270
state, whichever is later.2271

       (5) If the delinquent child's duty to register is imposed2272
pursuant to division (A)(2) of section 2950.04 of the Revised2273
Code, if the delinquent child's classification as a juvenile sex2274
offender registrant is made at the time of the child's disposition2275
for that sexually oriented offense, and if the delinquent child is2276
committed for the sexually oriented offense to the department of2277
youth services or to a secure facility that is not operated by the2278
department, the delinquent child's duty to comply with those2279
sections commences on the date of the delinquent child's discharge2280
or release from custody in the department of youth services secure2281
facility or from the secure facility not operated by the2282
department as described in that division.2283

       (6) If the delinquent child's duty to register is imposed2284
pursuant to division (A)(2) of section 2950.04 of the Revised Code2285
and if either the delinquent child's classification as a juvenile2286
sex offender registrant is made at the time of the child's2287
disposition for that sexually oriented offense and the delinquent2288
child is not committed for the sexually oriented offense to the2289
department of youth services or to a secure facility that is not2290
operated by the department or the child's classification as a2291
juvenile sex offender registrant is made pursuant to sections2292
2152.83 of the Revised Code, the delinquent child's duty to comply2293
with those sections commences on the date of entry of the court's2294
order that classifies the delinquent child a juvenile sex offender2295
registrant.2296

       (B) The duty of an offender who is convicted of or pleads2297
guilty to, or has been convicted of or pleadspleaded guilty to, a2298
sexually oriented offense and the duty of a delinquent child who2299
is adjudicated a delinquent child for committing a sexually2300
oriented offense and is classified a juvenile sex offender2301
registrant or who is an out-of-state juvenile sex offender2302
registrant to comply with sections 2950.04, 2950.05, and 2950.062303
of the Revised Code continues, after the date of commencement, for2304
whichever of the following periods is applicable:2305

       (1) Except as otherwise provided in this division, if the2306
offender or delinquent child has been adjudicated as being a2307
sexual predator relative to the sexually oriented offense, the2308
offender's or delinquent child's duty to comply with those2309
sections continues until the offender's or delinquent child's2310
death. If the judge who sentenced the offender or made the2311
disposition for the delinquent child or that judge's successor in2312
office subsequently enters a determination pursuant to division2313
(D) of section 2950.09 or pursuant to section 2152.84 or 2152.852314
of the Revised Code that the offender or delinquent child no2315
longer is a sexual predator, the offender's or delinquent child's2316
duty to comply with those sections continues for the period of2317
time that otherwise would have been applicable to the offender or2318
delinquent child under division (B)(2) or (3) of this section.2319

       (2) If the judge who sentenced the offender or made the2320
disposition for the delinquent child for committing the sexually2321
oriented offense, or the successor in office of the juvenile court2322
judge who made the delinquent child disposition, determined2323
pursuant to division (E) of section 2950.09 or pursuant to2324
division (B) of section 2152.83, section 2152.84, or section2325
2152.85 of the Revised Code that the offender or delinquent child2326
is a habitual sex offender, the offender's or delinquent child's2327
duty to comply with those sections continues for twenty years. If2328
a delinquent child is determined pursuant to division (E) of2329
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 a2331
habitual sex offender and if the judge who made the disposition2332
for the delinquent child or that judge's successor in office2333
subsequently enters a determination pursuant to section 2152.84 or2334
2152.85 of the Revised Code that the delinquent child no longer is2335
a habitual sex offender but remains a juvenile sex offender2336
registrant, the delinquent child's duty to comply with those2337
sections continues for the period of time that otherwise would2338
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 section2341
applies, the offender's or delinquent child's duty to comply with2342
those sections continues for ten years. If a delinquent child is2343
classified pursuant to section 2152.82 or 2152.83 of the Revised2344
Code a juvenile sex offender registrant and if the judge who made2345
the disposition for the delinquent child or that judge's successor2346
in office subsequently enters a determination pursuant to section2347
2152.84 or 2152.85 of the Revised Code that the delinquent child2348
no longer is to be classified a juvenile sex offender registrant,2349
the delinquent child's duty to comply with those sections2350
terminates upon the court's entry of the determination.2351

       (C)(1) If an offender has been convicted of or pleaded2352
guilty to a sexually oriented offense or a delinquent child has2353
been adjudicated a delinquent child for committing a sexually2354
oriented offense and is classified a juvenile sex offender2355
registrant or is an out-of-state juvenile sex offender registrant,2356
and if the offender subsequently is convicted of or pleads guilty2357
to another sexually oriented offense or the delinquent child2358
subsequently is adjudicated a delinquent child for committing2359
another sexually oriented offense and is classified a juvenile sex2360
offender registrant relative to that offense or subsequently is2361
convicted of or pleads guilty to another sexually oriented2362
offense, the period of time for which the offender or delinquent2363
child must comply with the sections specified in division (A) of2364
this section shall be separately calculated pursuant to divisions2365
(A)(1), (2), and (3), (4), (5), (6), and (7) of this section for2366
each of the sexually oriented offenses, and the separately2367
calculated periods of time shall be complied with independently.2368

       If a delinquent child has been adjudicated a delinquent child2369
for committing a sexually oriented offense, is classified a2370
juvenile sex offender registrant or is an out-of-state juvenile2371
sex offender registrant relative to the offense, and, after2372
attaining eighteen years of age, subsequently is convicted of or2373
pleads guilty to another sexually oriented offense, the subsequent2374
conviction or guilty plea does not limit, affect, or supersede the2375
duties imposed upon the delinquent child under this chapter2376
relative to the delinquent child's classification as a juvenile2377
sex offender registrant or as an out-of-state juvenile sex2378
offender registrant, and the delinquent child shall comply with2379
both those duties and the duties imposed under this chapter2380
relative to the subsequent conviction or guilty plea.2381

        (2) If a delinquent child has been adjudicated a delinquent2382
child for committing on or after the effective date of this2383
amendment a sexually oriented offense and is classified a juvenile2384
sex offender registrant relative to the offense, if the order2385
containing the classification also contains a determination by the2386
juvenile judge that the delinquent child is a sexual predator or a2387
habitual sex offender, and if the juvenile judge or the judge's2388
successor in office subsequently determines pursuant to section2389
2152.84 or 2152.85 of the Revised Code that the delinquent child2390
no longer is a sexual predator or habitual sex offender, the2391
judge's subsequent determination does not affect the date of2392
commencement of the delinquent child's duty to comply with2393
sections 2950.04, 2950.05, and 2950.06 of the Revised Code as2394
determined under division (A) of this section. 2395

       (D) The duty of an offender or delinquent child to register2396
under this chapter is tolled for any period during which the2397
offender or delinquent child is returned to confinement in a2398
secure facility for any reason or imprisoned for an offense when2399
the confinement in a secure facility or imprisonment occurs2400
subsequent to the date determined pursuant to division (A) of this2401
section. The offender's or delinquent child's duty to register2402
under this chapter resumes upon the offender's or delinquent2403
child's release from confinement in a secure facility or2404
imprisonment.2405

       (E) An offender or delinquent child who has been convicted2406
of or pleaded guilty to,or has been or is adjudicated a2407
delinquent child for committing, a sexually oriented offense in2408
another state or in a federal court, military court, or an Indian2409
tribal court may apply to the sheriff of the county in which the2410
offender or delinquent child resides or temporarily is domiciled2411
for credit against the duty to register for the time that the2412
offender or delinquent child has complied with the sex offender2413
registration requirements of another jurisdiction. The sheriff2414
shall grant the offender or delinquent child credit against the2415
duty to register for time for which the offender or delinquent2416
child provides adequate proof that the offender or delinquent2417
child has complied with the sex offender registration requirements2418
of another jurisdiction. If the offender or delinquent child2419
disagrees with the determination of the sheriff, the offender or2420
delinquent child may appeal the determination to the court of2421
common pleas of the county in which the offender or delinquent2422
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 the2425
Revised Code requires a person to provide, that are provided by a2426
person who registers, who provides notice of a change of residence2427
address and registers the new residence address, or who provides2428
verification of a current residence address pursuant to any2429
provision of those sections, and that are in the possession of a2430
county sheriff are public records open to public inspection under2431
section 149.43 of the Revised Code.2432

       (B)  Except when the act that is the basis of a child's2433
classification as a juvenile sex offender registrant is a2434
violation of, or an attempt to commit a violation of, section2435
2903.01, 2903.02, or 2905.01 of the Revised Code that was2436
committed with a purpose to gratify the sexual needs or desires of2437
the child, a violation of section 2907.02 of the Revised Code, or2438
an attempt to commit a violation of that section, the sheriff2439
shall not cause to be publicly disseminated by means of the2440
internet any statements, information, photographs, or fingerprints2441
that are provided by a juvenile sex offender registrant who2442
registers, who provides notice of a change of residence address2443
and registers the new residence address, or who provides2444
verification of a current residence address pursuant to this2445
chapter and that are in the possession of a county sheriff.2446

       Sec. 2950.09. (A) If a person is convicted of or pleads2447
guilty to committing, on or after January 1, 1997, a sexually2448
oriented offense that is a sexually violent offense and also is2449
convicted of or pleads guilty to a sexually violent predator2450
specification that was included in the indictment, count in the2451
indictment, or information charging the sexually violent offense,2452
the conviction of plea of guilty to the specification2453
automatically classifies the offender as a sexual predator for2454
purposes of this chapter. If a person is convicted of or, pleads2455
guilty to, or is adjudicated a delinquent child for committing, a2456
sexually oriented offense in another state, or in a federal court,2457
military court, or an Indian tribal court and if, as a result of2458
that conviction or, plea of guilty, or adjudication, the person is2459
required, under the law of the jurisdiction in which the person2460
was convicted or, pleaded guilty, or was adjudicated, to register2461
as a sex offender until the person's death and is required to2462
verify the person's address on at least a quarterly basis each2463
year, that conviction or, plea of guilty, or adjudication2464
automatically classifies the offenderperson as a sexual predator2465
for the purposes of this chapter, but the offenderperson may2466
challenge that classification pursuant to division (F) of this2467
section. In all other cases, a person who is convicted of or2468
pleads guilty to, or has been convicted of or pleaded guilty to,2469
or is adjudicated a delinquent child for committing, a sexually2470
oriented offense may be classified as a sexual predator for2471
purposes of this chapter only in accordance with division (B) or2472
(C) of this section or, regarding delinquent children, divisions2473
(B) and (C) of section 2152.83 of the Revised Code.2474

       (B)(1) The judge who is to impose sentence on a person who is2475
convicted of or pleads guilty to a sexually oriented offense or2476
the judge who is to impose or has imposed, pursuant to section2477
2152.82 or division (A) of section 2152.83 of the Revised Code, an2478
order of disposition upon a child who is adjudicated a delinquent2479
child for committing on or after the effective date of this2480
amendment a sexually oriented offense shall conduct a hearing to2481
determine whether the offender is a sexual predator if any of the2482
following circumstances apply:2483

       (a) Regardless of when the sexually oriented offense was2484
committed, if a personthe offender is to be sentenced on or after2485
January 1, 1997, for a sexually oriented offense that is not a2486
sexually violent offense, or if a person.2487

       (b) Regardless of when the sexually oriented offense was2488
committed, the offender is to be sentenced on or after January 1,2489
1997, for a sexually oriented offense that is a sexually violent2490
offense and a sexually violent predator specification was not2491
included in the indictment, count in the indictment, or2492
information charging the sexually violent offense, the judge who2493
is to impose sentence upon the offender shall conduct a hearing to2494
determine whether the offender is a sexual predator. The judge.2495

       (c) The delinquent child was classified a juvenile sex2496
offender registrant pursuant to section 2152.82 or division (A) of2497
section 2152.83 of the Revised Code. A judge shall not conduct a2498
hearing under division (B) of this section regarding a delinquent2499
child unless the delinquent child is in the category of delinquent2500
children described in this division.2501

       (2) The judge shall conduct the hearing prior to sentencing2502
and, if the sexually oriented offense is a felony,and if the2503
hearing is being conducted under division (B)(1)(a) or (b) of this2504
section, the judge may conduct it as part of the sentencing2505
hearing required by section 2929.19 of the Revised Code. The2506
court shall give the offender or delinquent child and the2507
prosecutor who prosecuted the offender or handled the case against2508
the delinquent child for the sexually oriented offense notice of2509
the date, time, and location of the hearing. At the hearing, the2510
offender or delinquent child and the prosecutor shall have an2511
opportunity to testify, present evidence, call and examine2512
witnesses and expert witnesses, and cross-examine witnesses and2513
expert witnesses regarding the determination as to whether the2514
offender or delinquent child is a sexual predator. The offender or2515
delinquent child shall have the right to be represented by counsel2516
and, if indigent, the right to have counsel appointed to represent2517
the offender or delinquent child.2518

       (2)(3) In making a determination under divisions (B)(1) and2519
(3)(4) of this section as to whether an offender or delinquent2520
child is a sexual predator, the judge shall consider all relevant2521
factors, including, but not limited to, all of the following:2522

       (a) The offender's or delinquent child's age;2523

       (b) The offender's or delinquent child's prior criminal or2524
delinquency record regarding all offenses, including, but not2525
limited to, all sexual offenses;2526

       (c) The age of the victim of the sexually oriented offense2527
for which sentence is to be imposed or the order of disposition is2528
to be made;2529

       (d) Whether the sexually oriented offense for which sentence2530
is to be imposed or the order of disposition is to be made2531
involved multiple victims;2532

       (e) Whether the offender or delinquent child used drugs or2533
alcohol to impair the victim of the sexually oriented offense or2534
to prevent the victim from resisting;2535

       (f) If the offender or delinquent child previously has been2536
convicted of or pleaded guilty to any, or been adjudicated a2537
delinquent child for committing an act that if committed by an2538
adult would be, a criminal offense, whether the offender or2539
delinquent child completed any sentence or dispositional order2540
imposed for the prior offense or act and, if the prior offense or2541
act was a sex offense or a sexually oriented offense, whether the2542
offender or delinquent child participated in available programs2543
for sexual offenders;2544

       (g) Any mental illness or mental disability of the offender2545
or delinquent child;2546

       (h) The nature of the offender's or delinquent child's2547
sexual conduct, sexual contact, or interaction in a sexual context2548
with the victim of the sexually oriented offense and whether the2549
sexual conduct, sexual contact, or interaction in a sexual context2550
was part of a demonstrated pattern of abuse;2551

       (i) Whether the offender or delinquent child, during the2552
commission of the sexually oriented offense for which sentence is2553
to be imposed or the order of disposition is to be made, displayed2554
cruelty or made one or more threats of cruelty;2555

       (j) Any additional behavioral characteristics that2556
contribute to the offender's or delinquent child's conduct.2557

       (3)(4) After reviewing all testimony and evidence presented2558
at the hearing conducted under division (B)(1) of this section and2559
the factors specified in division (B)(2)(3) of this section, the2560
judgecourt shall determine by clear and convincing evidence2561
whether the subject offender or delinquent child is a sexual2562
predator. If the judgecourt determines that the subject offender2563
or delinquent child is not a sexual predator, the judgecourt2564
shall specify in the offender's sentence and the judgment of2565
conviction that contains the sentence or in the delinquent child's2566
dispositional order, as appropriate, that the judgecourt has2567
determined that the offender or delinquent child is not a sexual2568
predator. If the judgecourt determines by clear and convincing2569
evidence that the subject offender or delinquent child is a sexual2570
predator, the judgecourt shall specify in the offender's sentence2571
and the judgment of conviction that contains the sentence or in2572
the delinquent child's dispositional order, as appropriate, that2573
the judgecourt has determined that the offender or delinquent2574
child is a sexual predator and shall specify that the2575
determination was pursuant to division (B) of this section. The2576
offender or delinquent child and the prosecutor who prosecuted the2577
offender or handled the case against the delinquent child for the2578
sexually oriented offense in question may appeal as a matter of2579
right the judge'scourt's determination under this division as to2580
whether the offender or delinquent child is, or is not, a sexual2581
predator.2582

       (4)(5) A hearing shall not be conducted under division (B)2583
of this section regarding an offender if the sexually oriented2584
offense in question is a sexually violent offense and the2585
indictment, count in the indictment, or information charging the2586
offense also included a sexually violent predator specification.2587

       (C)(1) If a person was convicted of or pleaded guilty to a2588
sexually oriented offense prior to January 1, 1997, if the person2589
was not sentenced for the offense on or after January 1, 1997, and2590
if, on or after January 1, 1997, the offender is serving a term of2591
imprisonment in a state correctional institution, the department2592
of rehabilitation and correction shall determine whether to2593
recommend that the offender be adjudicated as being a sexual2594
predator. In making a determination under this division as to2595
whether to recommend that the offender be adjudicated as being a2596
sexual predator, the department shall consider all relevant2597
factors, including, but not limited to, all of the factors2598
specified in division (B)(2) of this section. If the department2599
determines that it will recommend that the offender be adjudicated2600
as being a sexual predator, it immediately shall send the2601
recommendation to the court that sentenced the offender and shall2602
enter its determination and recommendation in the offender's2603
institutional record, and the court shall proceed in accordance2604
with division (C)(2) of this section.2605

       (2)(a) If, pursuant to division (C)(1) of this section, the2606
department of rehabilitation and correction sends to a court a2607
recommendation that an offender who has been convicted of or2608
pleaded guilty to a sexually oriented offense be adjudicated as2609
being a sexual predator, the court is not bound by the2610
department's recommendation, and the court may conduct a hearing2611
to determine whether the offender is a sexual predator. The court2612
may deny the recommendation and determine that the offender is not2613
a sexual predator without a hearing but shall not make a2614
determination that the offender is a sexual predator in any case2615
without a hearing. The court may hold the hearing and make the2616
determination prior to the offender's release from imprisonment or2617
at any time within one year following the offender's release from2618
that imprisonment. If the court determines without a hearing that2619
the offender is not a sexual predator, it shall include its2620
determination in the offender's institutional record and shall2621
determine whether the offender previously has been convicted of or2622
pleaded guilty to a sexually oriented offense other than the2623
offense in relation to which the court determined that the2624
offender is not a sexual predator.2625

       The court may make the determination as to whether the2626
offender previously has been convicted of or pleaded guilty to a2627
sexually oriented offense without a hearing, but, if the court2628
determines that the offender previously has been convicted of or2629
pleaded guilty to such an offense, it shall not impose a2630
requirement that the offender be subject to the community2631
notification provisions regarding the offender's place of2632
residence that are contained in sections 2950.10 and 2950.11 of2633
the Revised Code without a hearing. The court may conduct a2634
hearing to determine both whether the offender previously has been2635
convicted of or pleaded guilty to a sexually oriented offense and2636
whether to impose a requirement that the offender be subject to2637
the community notification provisions as described in this2638
division, or may conduct a hearing solely to make the latter2639
determination. The court shall include in the offender's2640
institutional record any determination made under this division as2641
to whether the offender previously has been convicted of or2642
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 division2645
(C)(2)(a) of this section, the court shall give the offender and2646
the prosecutor who prosecuted the offender for the sexually2647
oriented offense, or that prosecutor's successor in office, notice2648
of the date, time, and place of the hearing. If the hearing is to2649
determine whether the offender is a sexual predator, it shall be2650
conducted in the manner described in division (B)(1) of this2651
section regarding hearings conducted under that division and, in2652
making a determination under this division as to whether the2653
offender is a sexual predator, the court shall consider all2654
relevant factors, including, but not limited to, all of the2655
factors specified in division (B)(2) of this section. After2656
reviewing all testimony and evidence presented at the sexual2657
predator hearing and the factors specified in division (B)(2) of2658
this section, the court shall determine by clear and convincing2659
evidence whether the offender is a sexual predator. If the court2660
determines that the offender is not a sexual predator, it also2661
shall determine whether the offender previously has been convicted2662
of or pleaded guilty to a sexually oriented offense other than the2663
offense in relation to which the hearing is being conducted.2664

       Upon making its determinations at the hearing, the court2665
shall proceed as follows:2666

       (i) If the hearing is to determine whether the offender is a2667
sexual predator, and if the court determines that the offender is2668
not a sexual predator and that the offender previously has not2669
been convicted of or pleaded guilty to a sexually oriented offense2670
other than the offense in relation to which the hearing is being2671
conducted, it shall include its determinations in the offender's2672
institutional record.2673

       (ii) If the hearing is to determine whether the offender is2674
a sexual predator, and if the court determines that the offender2675
is not a sexual predator but that the offender previously has been2676
convicted of or pleaded guilty to a sexually oriented offense2677
other than the offense in relation to which the hearing is being2678
conducted, it shall include its determination that the offender is2679
not a sexual predator but is a habitual sex offender in the2680
offender's institutional record, shall attach the determinations2681
to the offender's sentence, shall specify that the determinations2682
were pursuant to division (C) of this section, shall provide a2683
copy of the determinations to the offender, to the prosecuting2684
attorney, and to the department of rehabilitation and correction,2685
and may impose a requirement that the offender be subject to the2686
community notification provisions regarding the offender's place2687
of residence that are contained in sections 2950.10 and 2950.11 of2688
the Revised Code. The offender shall not be subject to those2689
community notification provisions relative to the sexually2690
oriented offense in question if the court does not so impose the2691
requirement described in this division. If the court imposes2692
those community notification provisions, the offender may appeal2693
the judge's determination that the offender is a habitual sex2694
offender.2695

       (iii) If the hearing is to determine whether the offender2696
previously has been convicted of or pleaded guilty to a sexually2697
oriented offense other than the offense in relation to which the2698
hearing is being conducted and whether to impose a requirement2699
that the offender be subject to the specified community2700
notification provisions, and if the court determines that the2701
offender previously has been convicted of or pleaded guilty to2702
such an offense, the court shall proceed as described in division2703
(C)(2)(b)(ii) of this section and may impose a community2704
notification requirement as described in that division. The2705
offender shall not be subject to the specified community2706
notification provisions relative to the sexually oriented offense2707
in question if the court does not so impose the requirement2708
described in that division. If the court imposes those community2709
notification provisions, the offender may appeal the judge's2710
determination that the offender is a habitual sex offender.2711

       (iv) If the court determined without a hearing that the2712
offender previously has been convicted of or pleaded guilty to a2713
sexually oriented offense other than the offense in relation to2714
which the court determined that the offender is not a sexual2715
predator, and, as such, is a habitual sex offender, and the2716
hearing is solely to determine whether to impose a requirement2717
that the offender be subject to the specified community2718
notification provisions, after the hearing, the court may impose a2719
community notification requirement as described in division2720
(C)(2)(b)(ii) of this section. The offender shall not be subject2721
to the specified community notification provisions relative to the2722
sexually oriented offense in question if the court does not so2723
impose the requirement described in that division. If the court2724
imposes those community notification provisions, the offender may2725
appeal the judge's determination that the offender is a habitual2726
sex offender.2727

       (v) If the hearing is to determine whether the offender is a2728
sexual predator, and if the court determines by clear and2729
convincing evidence that the offender is a sexual predator, it2730
shall enter its determination in the offender's institutional2731
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 to2734
the offender, to the prosecuting attorney, and to the department2735
of rehabilitation and correction. The offender and the prosecutor2736
may appeal as a matter of right the judge's determination under2737
this division as to whether the offender is, or is not, a sexual2738
predator.2739

       (D)(1) UponDivision (D) of this section applies to persons2740
who have been convicted of or pleaded guilty to a sexually2741
oriented offense. The procedures set forth in division (D) of2742
this section regarding a determination of whether a person no2743
longer is a sexual predator also apply, to the extent specified in2744
section 2152.84 or 2152.85 of the Revised Code, to persons who2745
have been adjudicated a delinquent child for committing a sexually2746
oriented offense and have been determined by a juvenile court2747
judge to be a sexual predator. A person who has been adjudicated2748
a delinquent child for committing a sexually oriented offense and2749
who has been classified by a juvenile court judge a juvenile sex2750
offender registrant or, if applicable, additionally has been2751
determined by a juvenile court judge to be a sexual predator or2752
habitual sex offender, may petition the adjudicating court for a2753
reclassification or declassification pursuant to section 2152.852754
of the Revised Code.2755

        Upon the expiration of the applicable period of time2756
specified in division (D)(1)(a) or (b) of this section, an2757
offender who has been convicted of or pleaded guilty to a sexually2758
oriented offense and who has been adjudicated as being a sexual2759
predator relative to the sexually oriented offense in the manner2760
described in division (B) or (C) of this section may petition the2761
judge who made the determination that the offender was a sexual2762
predator, or that judge's successor in office, to enter a2763
determination that the offender no longer is a sexual predator.2764
Upon the filing of the petition, the judge may review the prior2765
sexual predator determination that comprises the sexually violent2766
predator adjudication, and, upon consideration of all relevant2767
evidence and information, including, but not limited to, the2768
factors set forth in division (B)(2)(3) of this section, either2769
shall enter a determination that the offender no longer is a2770
sexual predator or shall enter an order denying the petition. The2771
courtjudge shall not enter a determination under this division2772
that the offender no longer is a sexual predator unless the court2773
judge determines by clear and convincing evidence that the2774
offender is unlikely to commit a sexually oriented offense in the2775
future. If the judge enters a determination under this division2776
that the offender no longer is a sexual predator, the judge shall2777
notify the bureau of criminal identification and investigation and2778
the parole board of the determination. Upon receipt of the2779
notification, the bureau promptly shall notify the sheriff with2780
whom the offender most recently registered under section 2950.042781
or 2950.05 of the Revised Code of the determination that the2782
offender no longer is a sexual predator. If the judge enters an2783
order denying the petition, the prior adjudication of the offender2784
as a sexual predator shall remain in effect. An offender2785
determined to be a sexual predator in the manner described in2786
division (B) or (C) of this section may file a petition under this2787
division after the expiration of the following periods of time:2788

       (a) Regardless of when the sexually oriented offense was2789
committed, if, on or after January 1, 1997, the offender is2790
imprisoned or sentenced to a prison term or other confinement for2791
the sexually oriented offense in relation to which the2792
determination was made, the offender initially may file the2793
petition not earlier than one year prior to the offender's release2794
from the imprisonment, prison term, or other confinement by2795
discharge, parole, judicial release, or any other final release.2796
If the offender is sentenced on or after January 1, 1997, for the2797
sexually oriented offense in relation to which the determination2798
is made and is not imprisoned or sentenced to a prison term or2799
other confinement for the sexually oriented offense, the offender2800
initially may file the petition upon the expiration of one year2801
after the entry of the offender's judgment of conviction.2802

       (b) After the offender's initial filing of a petition under2803
division (D)(1)(a) of this section, thereafter, an offender may2804
file a petition under this division upon the expiration of five2805
years after the court has entered an order denying the petition2806
under division (D)(1)(a) of this section or the most recent2807
petition the offender has filed under this division.2808

       (2) Except as otherwise provided in this division, division2809
(D)(1) of this section does not apply to a person who is2810
classified as a sexual predator pursuant to division (A) of this2811
section. If a person who is so classified was sentenced to a2812
prison term pursuant to division (A)(3) of section 2971.03 of the2813
Revised Code and if the sentencing court terminates the offender's2814
prison term as provided in division (D) of section 2971.05 of the2815
Revised Code, the court's termination of the prison term2816
automatically shall constitute a determination by the court that2817
the offender no longer is a sexual predator. If the court so2818
terminates the offender's prison term, the court shall notify the2819
bureau of criminal identification and investigation and the parole2820
board of the determination that the offender no longer is a sexual2821
predator. Upon receipt of the notification, the bureau promptly2822
shall notify the sheriff with whom the offender most recently2823
registered under section 2950.04 or 2950.05 of the Revised Code2824
that the offender no longer is a sexual predator. If an offender2825
who is classified as a sexual predator pursuant to division (A) of2826
this section is released from prison pursuant to a pardon or2827
commutation, the classification of the offender as a sexual2828
predator shall remain in effect after the offender's release, and2829
the offender may file one or more petitions in accordance with the2830
procedures and time limitations contained in division (D)(1) of2831
this section for a determination that the offender no longer is a2832
sexual predator.2833

       (E) If a person is convicted of or pleads guilty to2834
committing, on or after January 1, 1997, a sexually oriented2835
offense, the judge who is to impose sentence on the offender shall2836
determine, prior to sentencing, whether the offender previously2837
has been convicted of or pleaded guilty to a sexually oriented2838
offense. If a person is classified a juvenile sex offender2839
registrant, pursuant to section 2152.82 or division (A) of section2840
2152.83 of the Revised Code, the adjudicating judge shall2841
determine, prior to entering the order classifying the delinquent2842
child a juvenile sex offender registrant, whether the delinquent2843
child previously has been adjudicated a delinquent child for2844
committing a sexually oriented offense. If the adjudicating judge2845
has classified the delinquent child under division (A) of section2846
2152.83 of the Revised Code based on that adjudication a juvenile2847
sex offender registrant, the judge shall determine, prior to2848
entering the classification order, whether the delinquent child2849
previously has been adjudicated a delinquent child for committing2850
a sexually oriented offense. If the judge determines that the2851
offender previously has not been convicted of or pleaded guilty to2852
a sexually oriented offense or that the delinquent child2853
previously has not been adjudicated a delinquent child for2854
committing a sexually oriented offense, the judge shall specify in2855
the offender's sentence or in the order classifying the delinquent2856
child a juvenile sex offender registrant that the judge has2857
determined that the offender or delinquent child is not a habitual2858
sex offender. If the judge determines that the offender2859
previously has been convicted of or pleaded guilty to a sexually2860
oriented offense or that the delinquent child previously has been2861
adjudicated a delinquent child for committing a sexually oriented2862
offense, the judge shall specify in the offender's sentence and2863
the judgment of conviction that contains the sentence or in the 2864
order classifying the delinquent child a juvenile sex offender2865
registrant that the judge has determined that the offender or2866
delinquent child is a habitual sex offender and may impose a2867
requirement in that sentence and judgment of conviction or in that2868
order that the offender or delinquent child be subject to the2869
community notification provisions regarding the offender's or2870
delinquent child's place of residence that are contained in2871
sections 2950.10 and 2950.11 of the Revised Code. Unless the2872
habitual sex offender also has been adjudicated as being a sexual2873
predator relative to the sexually oriented offense in question,2874
the offender or delinquent child shall not be subject to those2875
community notification provisions only if the court does not2876
imposeimposes the requirement described in this division in the2877
offender's sentence and the judgment of conviction or in the order2878
classifying the delinquent child a juvenile sex offender2879
registrant.2880

       (F)(1) An offender or delinquent child classified as a2881
sexual predator may petition the court of common pleas or, for a2882
delinquent child, the juvenile court of the county in which the2883
offender or delinquent child resides or temporarily is domiciled2884
to enter a determination that the offender or delinquent child is2885
not an adjudicated sexual predator in this state for purposes of2886
the sex offender registration requirements of this chapter or the2887
community notification provisions contained in sections 2950.102888
and 2950.11 of the Revised Code if all of the following apply:2889

       (a) The offender or delinquent child was convicted of or,2890
pleaded guilty to, or was adjudicated a delinquent child for2891
committing, a sexually oriented offense in another state or in a2892
federal court, a military court, or an Indian tribal court.2893

       (b) As a result of the conviction or, plea of guilty, or2894
adjudication described in division (F)(1)(a) of this section, the2895
offender or delinquent child is required under the law of the2896
jurisdiction under which the offender or delinquent child was2897
convicted or, pleaded guilty, or was adjudicated to register as a2898
sex offender until the offender's or delinquent child's death and2899
is required to verify the offender's or delinquent child's address2900
on at least a quarterly basis each year.2901

       (c) The offender or delinquent child was automatically2902
classified as a sexual predator under division (A) of this section2903
in relation to the conviction or, guilty plea, or adjudication2904
described in division (F)(1)(a) of this section.2905

       (2) The court may enter a determination that the offender or2906
delinquent child filing the petition described in division (F)(1)2907
of this section is not an adjudicated sexual predator in this2908
state for purposes of the sex offender registration requirements2909
of this chapter or the community notification provisions contained2910
in sections 2950.10 and 2950.11 of the Revised Code only if the2911
offender or delinquent child proves by clear and convincing2912
evidence that the requirement of the other jurisdiction that the2913
offender or delinquent child register as a sex offender until the2914
offender's or delinquent child's death and the requirement that2915
the offender or delinquent child verify the offender's or2916
delinquent child's address on at least a quarterly basis each year2917
is not substantially similar to a classification as a sexual2918
predator for purposes of this chapter.2919

       Sec. 2950.10.  (A)(1) If a person is convicted of or pleads2920
guilty to, or has been convicted of or pleaded guilty to, a2921
sexually oriented offense or a person is adjudicated a delinquent2922
child for committing a sexually oriented offense and is classified2923
a juvenile sex offender registrant or is an out-of-state juvenile2924
sex offender registrant based on that adjudication, if the2925
offender or delinquent child has been adjudicated as being a2926
sexual predator relative to the sexually oriented offense, and the2927
court has not subsequently determined pursuant to division (D) of2928
section 2950.09, section 2152.84, or section 2152.85 of the2929
Revised Code that the offender or delinquent child no longer is a2930
sexual predator or the offender or delinquent child has been2931
determined pursuant to division (C)(2) or (E) of section 2950.09,2932
division (B) of section 2152.83, section 2152.84, or section2933
2152.85 of the Revised Code to be a habitual sex offender and, the2934
court has imposed a requirement under that division or section2935
subjecting the habitual sex offender to this section, and the2936
determination has not been removed pursuant to section 2152.84 or2937
2152.85 of the Revised Code, if the offender or delinquent child2938
registers with a sheriff pursuant to section 2950.04 or 2950.05 of2939
the Revised Code, and if the victim of the sexually oriented2940
offense has made a request in accordance with rules adopted by the2941
attorney general that specifies that the victim would like to be2942
provided the notices described in this section, the sheriff shall2943
notify the victim of the sexually oriented offense, in writing,2944
that the offender or delinquent child has registered and shall2945
include in the notice the offender's or delinquent child's name2946
and residence address or addresses. The sheriff shall provide the2947
notice required by this division to the victim at the most recent2948
residence address available for that victim, not later than2949
seventy-two hours after the offender or delinquent child registers2950
with the sheriff.2951

       (2) If a person is convicted of or pleads guilty to, or has2952
been convicted of or pleaded guilty to, a sexually oriented2953
offense or a person is adjudicated a delinquent child for2954
committing a sexually oriented offense and is classified a2955
juvenile sex offender registrant or is an out-of-state juvenile2956
sex offender registrant based on that adjudication, if the2957
offender or delinquent child has been adjudicated as being a2958
sexual predator relative to the sexually oriented offense or2959
sexually violent offense and the court has not subsequently2960
determined pursuant to division (D) of section 2950.09, section2961
2152.84, or section 2152.85 of the Revised Code that the offender2962
or delinquent child no longer is a sexual predator or the offender2963
or delinquent child has been determined pursuant to division (E)2964
of section 2950.09, division (B) of section 2152.83, section2965
2152.84, or section 2152.85 of the Revised Code to be a habitual2966
sex offender and, the court has imposed a requirement under that2967
division or section subjecting the habitual sex offender to this2968
section, and the determination has not been removed pursuant to2969
section 2152.84 or 2152.85 of the Revised Code, if the offender or2970
delinquent child registers with a sheriff pursuant to section2971
2950.04 or 2950.05 of the Revised Code, if the victim of the2972
sexually oriented offense has made a request in accordance with2973
rules adopted by the attorney general that specifies that the2974
victim would like to be provided the notices described in this2975
section, and if the offender or delinquent child notifies the2976
sheriff of a change of residence address pursuant to section2977
2950.05 of the Revised Code, the sheriff shall notify the victim2978
of the sexually oriented offense, in writing, that the offender's2979
or delinquent child's residence address has changed and shall2980
include in the notice the offender's or delinquent child's name2981
and new residence address or addresses. The sheriff shall provide2982
the notice required by this division to the victim at the most2983
recent residence address available for that victim, no later than2984
seventy-two hours after the offender or delinquent child notifies2985
the sheriff of the change in the offender's or delinquent child's2986
residence address.2987

       (3) If an offendera person is convicted of or pleads guilty2988
to, or has been convicted of or pleaded guilty to, a sexually2989
oriented offense or a person is adjudicated a delinquent child for2990
committing a sexually oriented offense and is classified a2991
juvenile sex offender registrant or is an out-of-state juvenile2992
sex offender registrant based on that adjudication, and if the2993
offender or delinquent child is adjudicated as being a sexual2994
predator relative to the sexually oriented offense or the offender2995
or delinquent child is determined pursuant to division (E) of2996
section 2950.09, division (B) of section 2152.83, section2997
2152.84, or section 2152.85 of the Revised Code to be a habitual2998
sex offender and is made subject to this section, the victim of2999
the offense may make a request in accordance with rules adopted by3000
the attorney general pursuant to section 2950.13 of the Revised3001
Code that specifies that the victim would like to be provided the3002
notices described in divisions (A)(1) and (2) of this section. If3003
the victim makes a request in accordance with those rules, the3004
sheriff described in divisions (A)(1) and (2) of this section3005
shall provide the victim with the notices described in those3006
divisions.3007

       (4) If a victim makes a request as described in division3008
(A)(3) of this section that specifies that the victim would like3009
to be provided the notices described in divisions (A)(1) and (2)3010
of this section, all information a sheriff obtains regarding the3011
victim from or as a result of the request is confidential, and the3012
information is not a public record open for inspection under3013
section 149.43 of the Revised Code.3014

       (5) The notices described in divisions (A)(1) and (2) of3015
this section are in addition to any notices regarding the offender3016
or delinquent child that the victim is entitled to receive under3017
Chapter 2930. of the Revised Code.3018

       (B) A victim of a sexually oriented offense is not entitled3019
to be provided any notice described in division (A)(1) or (2) of3020
this section unless the offender or delinquent child is3021
adjudicated as being a sexual predator relative to the sexually3022
oriented offense and the court has not subsequently determined3023
pursuant to division (E)(D) of section 2950.09, section 2152.84,3024
or section 2152.85 of the Revised Code that the offender or3025
delinquent child no longer is a sexual predator or the offender or3026
delinquent child has been determined pursuant to division (E) of3027
section 2950.09, division (B) of section 2152.83, section3028
2152.84, or section 2152.85 of the Revised Code to be a habitual3029
sex offender and, the court has imposed a requirement under that3030
division or section subjecting the habitual sex offender to this3031
section, and the determination has not been removed pursuant to3032
section 2152.84 or 2152.85 of the Revised Code. A victim of a3033
sexually oriented offense is not entitled to any notice described3034
in division (A)(1) or (2) of this section unless the victim makes3035
a request in accordance with rules adopted by the attorney general3036
pursuant to section 2950.13 of the Revised Code that specifies3037
that the victim would like to be provided the notices described in3038
divisions (A)(1) and (2) of this section. This division does not3039
affect any rights of a victim of a sexually oriented offense to be3040
provided notice regarding an offender or delinquent child that are3041
described in Chapter 2950.2930. of the Revised Code.3042

       Sec. 2950.11.  (A) As used in this section, "specified3043
geographical notification area" means the geographic area or areas3044
within which the attorney general, by rule adopted under section3045
2950.13 of the Revised Code, requires the notice described in3046
division (B) of this section to be given to the persons identified3047
in divisions (A)(2) to (8) of this section. If a person is3048
convicted of or pleads guilty to, or has been convicted of or3049
pleaded guilty to, a sexually oriented offense or a person is3050
adjudicated a delinquent child for committing a sexually oriented3051
offense and is classified a juvenile sex offender registrant or is3052
an out-of-state juvenile sex offender registrant based on that3053
adjudication, and if the offender or delinquent child has been3054
adjudicated as being a sexual predator relative to the sexually3055
oriented offense and the court has not subsequently determined3056
pursuant to division (D) of section 2950.09, section 2152.84, or3057
section 2152.85 of the Revised Code that the offender or3058
delinquent child no longer is a sexual predator or the offender or3059
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 a3062
habitual sex offender and, the court has imposed a requirement3063
under that division or section subjecting the habitual sex3064
offender to this section, and the determination has not been3065
removed pursuant to section 2152.84 or 2152.85 of the Revised3066
Code, the sheriff with whom the offender or delinquent child has3067
most recently registered under section 2950.04 or 2950.05 of the3068
Revised Code, within the period of time specified in division (C)3069
of this section, shall provide a written notice containing the3070
information set forth in division (B) of this section to all of3071
the following persons:3072

       (1) All occupants of residences adjacent to the offender's3073
or delinquent child's place of residence that are located within3074
the county served by the sheriff and all additional neighbors of3075
the offender or delinquent child who are within any category that3076
the attorney general by rule adopted under section 2950.13 of the3077
Revised Code requires to be provided the notice and who reside3078
within the county served by the sheriff;3079

       (2) The executive director of the public children services3080
agency that has jurisdiction within the specified geographical3081
notification area and that is located within the county served by3082
the sheriff;3083

       (3)(a) The superintendent of each board of education of a3084
school district that has schools within the specified geographical3085
notification area and that is located within the county served by3086
the sheriff;3087

       (b) The principal of the school within the specified3088
geographical notification area and within the county served by the3089
sheriff that the delinquent child attends;3090

       (c) If the delinquent child attends a school outside of the3091
specified geographical notification area or outside of the school3092
district where the delinquent child resides, the superintendent of3093
the board of education of a school district that governs the3094
school that the delinquent child attends and the principal of the3095
school that the delinquent child attends.3096

       (4)(a) The appointing or hiring officer of each chartered3097
nonpublic school located within the specified geographical3098
notification area and within the county served by the sheriff or3099
of each other school located within the specified geographical3100
notification area and within the county served by the sheriff and3101
that is not operated by a board of education described in division3102
(A)(3) of this section;3103

       (b) Regardless of the location of the school, the appointing3104
or hiring officer of a chartered nonpublic school that the3105
delinquent child attends.3106

       (5) The director, head teacher, elementary principal, or3107
site administrator of each preschool program governed by Chapter3108
3301. of the Revised Code that is located within the specified3109
geographical notification area and within the county served by the3110
sheriff;3111

       (6) The administrator of each child day-care center or type3112
A family day-care home that is located within the specified3113
geographical notification area and within the county served by the3114
sheriff, and the provider of each certified type B family day-care3115
home that is located within the specified geographical3116
notification area and within the county served by the sheriff. As3117
used in this division, "child day-care center," "type A family3118
day-care home," and "certified type B family day-care home" have3119
the same meanings as in section 5104.01 of the Revised Code.3120

       (7) The president or other chief administrative officer of3121
each institution of higher education, as defined in section3122
2907.03 of the Revised Code, that is located within the specified3123
geographical notification area and within the county served by the3124
sheriff, and the chief law enforcement officer of the state3125
university law enforcement agency or campus police department3126
established under section 3345.04 or 1713.50 of the Revised Code,3127
if any, that serves that institution;3128

       (8) The sheriff of each county that includes any portion of3129
the specified geographical notification area;3130

       (9) If the offender or delinquent child resides within the3131
county served by the sheriff, the chief of police, marshal, or3132
other chief law enforcement officer of the municipal corporation3133
in which the offender or delinquent child resides or, if the3134
offender or delinquent child resides in an unincorporated area,3135
the constable or chief of the police department or police district3136
police force of the township in which the offender or delinquent3137
child resides.3138

       (B) The notice required under division (A) of this section3139
shall include all of the following information regarding the3140
subject offender or delinquent child:3141

       (1) The offender's or delinquent child's name;3142

       (2) The address or addresses at which the offender or3143
delinquent child resides;3144

       (3) The sexually oriented offense of which the offender was3145
convicted or, to which the offender pleaded guilty,or for which3146
the child was adjudicated a delinquent child;3147

       (4) A statement that the offender or delinquent child has3148
been adjudicated as being a sexual predator and that, as of the3149
date of the notice, the court has not entered a determination that3150
the offender or delinquent child no longer is a sexual predator,3151
or a statement that the sentencing or reviewing judge has3152
determined that the offender or delinquent child is a habitual sex3153
offender and that, as of the date of the notice, the determination3154
has not been removed pursuant to section 2152.84 or 2152.85 of the3155
Revised Code.3156

       (C) If a sheriff with whom an offender or delinquent child3157
registers under section 2950.04 or 2950.05 of the Revised Code is3158
required by division (A) of this section to provide notices3159
regarding an offender or delinquent child and if, pursuant to that3160
requirement, the sheriff provides a notice to a sheriff of one or3161
more other counties in accordance with division (A)(8) of this3162
section, the sheriff of each of the other counties who is provided3163
notice under division (A)(8) of this section shall provide the3164
notices described in divisions (A)(1) to (7) and (A)(9) of this3165
section to each person or entity identified within those divisions3166
that is located within the geographical notification area and3167
within the county served by the sheriff in question.3168

       (D)(1) A sheriff required by division (A) or (C) of this3169
section to provide notices regarding an offender or delinquent3170
child shall provide the notice to the neighbors that is described3171
in division (A)(1) of this section and the notices to law3172
enforcement personnel that are described in divisions (A)(8) and3173
(9) of this section no later than seventy-two hours after the3174
offender or delinquent child registers with the sheriff or, if the3175
sheriff is required by division (C) to provide the notices, no3176
later than seventy-two hours after the sheriff is provided the3177
notice described in division (A)(8) of this section.3178

       A sheriff required by division (A) or (C) of this section to3179
provide notices regarding an offender or delinquent child shall3180
provide the notices to all other specified persons that are3181
described in divisions (A)(2) to (7) of this section not later3182
than seven days after the offender or delinquent child registers3183
with the sheriff, if the sheriff is required by division (C) to3184
provide the notices, no later than seventy-two hours after the3185
sheriff is provided the notice described in division (A)(8) of3186
this section.3187

       (2) If an offender or delinquent child in relation to whom3188
division (A) of this section applies verifies the offender's or3189
delinquent child's current residence address with a sheriff3190
pursuant to section 2950.06 of the Revised Code, the sheriff may3191
provide a written notice containing the information set forth in3192
division (B) of this section to the persons identified in3193
divisions (A)(1) to (9) of this section. If a sheriff provides a3194
notice pursuant to this division to the sheriff of one or more3195
other counties in accordance with division (A)(8) of this section,3196
the sheriff of each of the other counties who is provided the3197
notice under division (A)(8) of this section may provide, but is3198
not required to provide, a written notice containing the3199
information set forth in division (B) of this section to the3200
persons identified in divisions (A)(1) to (7) and (A)(9) of this3201
section.3202

       (E) All information that a sheriff possesses regarding a3203
sexual predator or a habitual sex offender that is described in3204
division (B) of this section and that must be provided in a notice3205
required under division (A) or (C) of this section or that may be3206
provided in a notice authorized under division (D)(2) of this3207
section is a public record that is open to inspection under3208
section 149.43 of the Revised Code.3209

       If the sexual predator or habitual sex offender is a juvenile3210
sex offender registrant, the sheriff shall not cause any of the3211
information described in this division to be publicly disseminated3212
by means of the internet, except when the act that is the basis of3213
a child's classification as a juvenile sex offender registrant is3214
a violation of, or an attempt to commit a violation of, section3215
2903.01, 2903.02, or 2905.01 of the Revised Code that was3216
committed with a purpose to gratify the sexual needs or desires of3217
the child, a violation of section 2907.02 of the Revised Code, or3218
an attempt to commit a violation of that section.3219

       (F) The notification provisions of this section do not apply3220
regarding a person who is convicted of or pleads guilty to, or has3221
been convicted of or pleaded guilty to, or is adjudicated a3222
delinquent child for committing, a sexually oriented offense, who3223
has not been adjudicated as being a sexual predator relative to3224
that sexually oriented offense, and who is determined pursuant to3225
division (C)(2) or (E) of section 2950.09, division (B) of section3226
2152.83, section 2152.84, or section 2152.85 of the Revised Code3227
to be a habitual sex offender unless the sentencing or reviewing3228
court imposes a requirement in the offender's sentence and in the3229
judgment of conviction that contains the sentence or in the3230
delinquent child's adjudication, or imposes a requirement as3231
described in division (C)(2) of section 2950.09 of the Revised3232
Code, that subjects the offender or the delinquent child to the3233
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 of3236
all agencies, centers, or homes of a type described in division3237
(A)(2) or (6) of this section that contains the name of each3238
agency, center, or home of that type, the county in which it is3239
located, its address and telephone number, and the name of an3240
administrative officer or employee of the agency, center, or home.3241
The department of education shall compile, maintain, and update in3242
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 of3245
education, school, or program of that type, the county in which it3246
is located, its address and telephone number, the name of the3247
superintendent of the board or of an administrative officer or3248
employee of the school or program, and, in relation to a board of3249
education, the county or counties in which each of its schools is3250
located and the address of each such school. The Ohio board of3251
regents shall compile, maintain, and update in January and July of3252
each year, a list of all institutions of a type described in3253
division (A)(7) of this section that contains the name of each3254
such institution, the county in which it is located, its address3255
and telephone number, and the name of its president or other chief3256
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 a3259
designee of a sheriff of that type, may request the department of3260
job and family services, department of education, or Ohio board of3261
regents, by telephone, in person, or by mail, to provide the3262
sheriff or designee with the names, addresses, and telephone3263
numbers of the appropriate persons and entities to whom the3264
notices described in divisions (A)(2) to (7) of this section are3265
to be provided. Upon receipt of a request, the department or3266
board shall provide the requesting sheriff or designee with the3267
names, addresses, and telephone numbers of the appropriate persons3268
and entities to whom those notices are to be provided.3269

       Sec. 2950.12.  (A) Except as provided in division (B) of3270
this section, any of the following persons shall be immune from3271
liability in a civil action to recover damages for injury, death,3272
or loss to person or property allegedly caused by an act or3273
omission in connection with a power, duty, responsibility, or3274
authorization under this chapter or under rules adopted under3275
authority of this chapter:3276

       (1) An officer or employee of the bureau of criminal3277
identification and investigation;3278

       (2) The attorney general, a chief of police, marshal, or3279
other chief law enforcement officer of a municipal corporation, a3280
sheriff, a constable or chief of police of a township police3281
department or police district police force, and a deputy, officer,3282
or employee of the office of the attorney general, the law3283
enforcement agency served by the marshal or the municipal or3284
township chief, the office of the sheriff, or the constable;3285

       (3) A prosecutor and an officer or employee of the office of3286
a prosecutor;3287

       (4) A supervising officer and an officer or employee of the3288
adult parole authority of the department of rehabilitation and3289
correction;3290

       (5) A supervising officer and an officer or employee of the3291
department of youth services;3292

       (6) A supervisor and a caseworker or employee of a public3293
children services agency acting pursuant to section 5153.16 of the3294
Revised Code;3295

       (7) A person identified in division (A)(2), (3), (4), (5),3296
(6), or (7) of section 2950.11 of the Revised Code or the agent of3297
that person.3298

       (B) The immunity described in division (A) of this section3299
does not apply to a person described in divisions (A)(1) to (5)(7)3300
of this section if, in relation to the act or omission in3301
question, any of the following applies:3302

       (1) The act or omission was manifestly outside the scope of3303
the person's employment or official responsibilities.3304

       (2) The act or omission was with malicious purpose, in bad3305
faith, or in a wanton or reckless manner.3306

       (3) Liability for the act or omission is expressly imposed3307
by a section of the Revised Code.3308

       Sec. 2950.13.  (A) The attorney general shall do all of the3309
following:3310

       (1) No later than July 1, 1997, establish and maintain a3311
state registry of sex offenders that is housed at the bureau of3312
criminal identification and investigation and that contains all of3313
the registration, change of residence address, and verification3314
information the bureau receives pursuant to sections 2950.04,3315
2950.05, and 2950.06 of the Revised Code regarding a person who is3316
convicted of or pleads guilty to, or has been convicted of or3317
pleaded guilty to, a sexually oriented offense or a person who is3318
adjudicated a delinquent child for committing a sexually oriented3319
offense and is classified a juvenile sex offender registrant or is3320
an out-of-state juvenile sex offender registrant based on that3321
adjudication, and all of the information the bureau receives3322
pursuant to section 2950.14 of the Revised Code;3323

       (2) In consultation with local law enforcement3324
representatives and no later than July 1, 1997, adopt rules that3325
contain guidelines necessary for the implementation of this3326
chapter;3327

       (3) In consultation with local law enforcement3328
representatives and no later than July 1, 1997, adopt rules for3329
the implementation and administration of the provisions contained3330
in section 2950.11 of the Revised Code that pertain to the3331
notification of neighbors of a personan offender or a delinquent3332
child who has committed a sexually oriented offense and has been3333
adjudicated as being a sexually violentsexual predator or3334
determined to be a habitual sex offender, and rules that prescribe3335
a manner in which victims of a sexually oriented offense committed3336
by a personan offender or a delinquent child who has been3337
adjudicated as being a sexual predator or determined to be a3338
habitual sex offender may make a request that specifies that the3339
victim would like to be provided the notices described in3340
divisions (A)(1) and (2) of section 2950.10 of the Revised Code.;3341

       (4) In consultation with local law enforcement3342
representatives and through the bureau of criminal identification3343
and investigation, prescribe the forms to be used by judges and3344
officials pursuant to section 2950.03 of the Revised Code to3345
advise offenders and delinquent children of their duties of3346
registration, notification of a change of residence address and3347
registration of the new residence address, and residence address3348
verification under sections 2950.04, 2950.05, and 2950.06 of the3349
Revised Code, and prescribe the forms to be used by sheriffs3350
relative to those duties of registration, change of residence3351
address notification, and residence address verification;3352

       (5) Make copies of the forms prescribed under division3353
(D)(A)(4) of this section available to judges, officials, and3354
sheriffs;3355

       (6) Through the bureau of criminal identification and3356
investigation, provide the notifications, the information, and the3357
documents that the bureau is required to provide to appropriate3358
law enforcement officials and to the federal bureau of3359
investigation pursuant to sections 2950.04, 2950.05, and 2950.063360
of the Revised Code;3361

       (7) Through the bureau of criminal identification and3362
investigation, maintain the verification forms returned under the3363
residence address verification mechanism set forth in section3364
2950.06 of the Revised Code;3365

       (8) In consultation with representatives of the officials,3366
judges, and sheriffs, adopt procedures for officials, judges, and3367
sheriffs to use to forward information, photographs, and3368
fingerprints to the bureau of criminal identification and3369
investigation pursuant to the requirements of sections 2950.03,3370
2950.04, 2950.05, and 2950.06 of the Revised Code;3371

       (9) In consultation with the director of education, the3372
director of job and family services, and the director of3373
rehabilitation and correction and no later than July 1, 1997,3374
adopt rules that contain guidelines to be followed by boards of3375
education of a school district, chartered nonpublic schools or3376
other schools not operated by a board of education, preschool3377
programs, child day-care centers, type A family day-care homes,3378
certified type B family day-care homes, and institutions of higher3379
education regarding the proper use and administration of3380
information received pursuant to section 2950.11 of the Revised3381
Code relative to a personan offender or delinquent child who has3382
been adjudicated as being a sexual predator or determined to be a3383
habitual sex offender;3384

       (10) In consultation with local law enforcement3385
representatives and no later than July 1, 1997, adopt rules that3386
designate a geographic area or areas within which the notice3387
described in division (B) of section 2950.11 of the Revised Code3388
must be given to the persons identified in divisions (A)(2) to (8)3389
of that section.3390

       (B) The attorney general, in consultation with local law3391
enforcement representatives, may adopt rules that establish one or3392
more categories of neighbors of an offender or delinquent child3393
who, in addition to the occupants of residences adjacent to an3394
offender's or delinquent child's place of residence, must be given3395
the notice described in division (B) of section 2950.11 of the3396
Revised Code.3397

       (C) As used in this section, "local law enforcement3398
representatives" means representatives of the sheriffs of this3399
state, representatives of the municipal chiefs of police and3400
marshals of this state, and representatives of the township3401
constables and chiefs of police of the township police departments3402
or police district police forces of this state.3403

       Sec. 2950.14.  (A) Prior to releasing an offender who is3404
under the custody and control of the department of rehabilitation3405
and correction and who has been convicted of or pleaded guilty to3406
committing, either prior to, on, or after January 1, 1997, any3407
sexually oriented offense, the department of rehabilitation and3408
correction shall provide all of the following information3409
described in division (B) of this section to the bureau of3410
criminal identification and investigation regarding the offender.3411
Prior to releasing a delinquent child who is in the custody of the3412
department of youth services and who has been adjudicated a3413
delinquent child for committing on or after the effective date of3414
this amendment a sexually oriented offense, the department of3415
youth services shall provide all of the information described in3416
division (B) of this section to the bureau of criminal3417
identification and investigation regarding the delinquent child.3418

       (B) The department of rehabilitation and correction and the3419
department of youth services shall provide all of the following3420
information to the bureau of criminal identification and3421
investigation regarding an offender or delinquent child described3422
in division (A) of this section:3423

       (1) The offender's or delinquent child's name and any3424
aliases used by the offender or delinquent child;3425

       (2) All identifying factors concerning the offender or3426
delinquent child;3427

       (3) The offender's or delinquent child's anticipated future3428
residence;3429

       (4) The offense and delinquency history of the offender or3430
delinquent child;3431

       (5) Whether the offender or delinquent child was treated for3432
a mental abnormality or personality disorder while under the3433
custody and control of the department;3434

       (6) Any other information that the bureau indicates is3435
relevant and that the department possesses.3436

       (B)(C) Upon receipt of the information described in division3437
(A)(B) of this section regarding an offender or delinquent child,3438
the bureau immediately shall enter the information into the state3439
registry of sexualsex offenders that the bureau maintains3440
pursuant to section 2950.13 of the Revised Code and into the3441
records that the bureau maintains pursuant to division (A) of3442
section 109.57 of the Revised Code.3443

       Sec. 2950.99. (A) Whoever violates a prohibition in section3444
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a3445
felony of the fifth degree if the most serious sexually oriented3446
offense that was the basis of the registration, change of address3447
notification, or address verification requirement that was3448
violated under the prohibition is a felony if committed by an3449
adult, and a misdemeanor of the first degree if the most serious3450
sexually oriented offense that was the basis of the registration,3451
change of address notification, or address verification3452
requirement that was violated under the prohibition is a3453
misdemeanor if committed by an adult. In addition to any penalty3454
or sanction imposed for the violation, if the offender or3455
delinquent child is on probation or parole, is subject to one or3456
more post-release control sanctions, or is subject to any other3457
type of supervised release at the time of the violation, the3458
violation shall constitute a violation of the terms and conditions3459
of the probation, parole, post-release control sanction, or other3460
type of supervised release.3461

       (B) If a person violates a prohibition in section 2950.04,3462
2950.05, or 2950.06 of the Revised Code that applies to the person3463
as a result of the person being adjudicated a delinquent child and3464
being classified a juvenile sex offender registrant or is an3465
out-of-state juvenile sex offender registrant, both of the3466
following apply:3467

        (1) If the violation occurs while the person is under3468
eighteen years of age, the person is subject to proceedings under3469
Chapter 2152. of the Revised Code based on the violation.3470

        (2) If the violation occurs while the person is eighteen3471
years of age or older, the person is subject to criminal3472
prosecution based on the violation. 3473

       Sec. 5139.13. (A) The department of youth services shall do3474
all of the following:3475

       (A)(1) Control and manage all institutions for the3476
rehabilitation of delinquent children and youthful offenders that3477
are operated by the state, except where the control and management3478
of an institution is vested by law in another agency;3479

       (B)(2) Provide treatment and training for children committed3480
to the department and assigned by the department to various3481
institutions under its control and management, including, but not3482
limited to, for a child committed to it for an act that is a3483
sexually oriented offense, treatment that is appropriate for a3484
child who commits an act that is a sexually oriented offense and3485
that is intended to ensure that the child does not commit any3486
subsequent act that is a sexually oriented offense;3487

       (C)(3) Establish and maintain appropriate reception centers3488
for the reception of children committed to the department and3489
employ competent persons to have charge of those centers and to3490
conduct investigations;3491

       (D)(4) Establish and maintain any other facilities necessary3492
for the training, treatment, and rehabilitation of children3493
committed to the department.3494

       (B) As used in this section, "sexually oriented offense" has3495
the same meaning as in section 2950.01 of the Revised Code.3496

       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 are3500
hereby repealed.3501

       Section 3. Sections 1 and 2 of this act shall take effect on3502
January 1, 2002, or the earliest date permitted by law, whichever3503
is later.3504

       Section 4.  Section 2151.23 of the Revised Code is presented3505
in this act as a composite of the section as amended by Am. Sub.3506
S.B. 179, Am. Sub. S.B. 180, and Sub. S.B. 218 of the 123rd3507
General Assembly. The General Assembly, applying the principle3508
stated in division (B) of section 1.52 of the Revised Code that3509
amendments are to be harmonized if reasonably capable of3510
simultaneous operation, finds that the composite is the resulting3511
version of the section in effect prior to the effective date of3512
the section as presented in this act.3513

       Section 2152.02 of the Revised Code, as presented in this3514
act, includes matter that was amended into former section 2151.023515
of the Revised Code by S.B. 218 of the 123rd General Assembly.3516
Paragraphs of former section 2151.02 of the Revised Code were3517
transferred to section 2152.02 of the Revised Code by S.B. 179 of3518
the 123rd General Assembly as part of its general revision of the3519
juvenile sentencing laws. The General Assembly, applying the3520
principle stated in division (B) of section 1.52 of the Revised3521
Code that amendments are to be harmonized if reasonably capable of3522
simultaneous operation, finds that the version of section 2152.023523
of the Revised Code presented in this act is the resulting version3524
of the section in effect prior to the date of the section as3525
presented in this act.3526