Am. Sub. H. B. No. 473 As Passed by the Senate

Representatives Hagan, Seitz, Latta, Hughes, Widowfield, McGregor, Slaby, Carano, Collier, DeGeeter, Willamowski, Buehrer, Cirelli, C. Evans, D. Evans, Faber, Fessler, Flowers, Otterman, Schaffer, Webster, Young

Senators Schuring, Dann, Austria, Amstutz

A BILL
To amend sections 109.42, 2921.34, 2929.01, 2929.13, 1
2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2
2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 3
2950.09, 2950.11, 2950.99, 2953.08, 2971.01, 4
2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5
5120.61 of the Revised Code to revise the Sex 6
Offender Registration and Notification Law's 7
"change of address" requirements relative to 8
persons who do not have knowledge of a change in 9
residence, school, institution of higher 10
education, or place of employment address 11
sufficiently in advance of the change to comply 12
with the requirements' deadlines and persons whose 13
residence address change is not to a fixed 14
address; to include any person adjudicated a 15
sexual predator within that Law's registration and 16
notification requirements; to grant prosecuting 17
attorneys, municipal and township chief legal 18
officers, and officials designated as prosecutors 19
in a municipal corporation a cause of action for 20
injunctive relief when an offender required to 21
register under that Law violates its prohibition 22
against residing within 1,000 feet of any school 23
premises; to clarify that Law's criminal penalty 24
provisions to ensure that they apply to offenders 25
whose duties under that Law are based on a 26
conviction that occurred in a jurisdiction other 27
than Ohio; to clarify that the Sexually Violent 28
Predator Sentencing Law does not require that an 29
offender have a prior conviction of a sexually 30
violent offense in order to be sentenced under 31
that Law; and to increase the mandatory minimum 32
term under the Sexually Violent Predator 33
Sentencing Law for kidnapping with a sexual 34
motivation specification and a sexually violent 35
predator specification and for rape with a 36
sexually violent predator specification. 37

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

       Section 1. That sections 109.42, 2921.34, 2929.01, 2929.13, 38
2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 2950.031, 39
2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 2953.08, 40
2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5120.61 41
of the Revised Code be amended to read as follows: 42

       Sec. 109.42. (A) The attorney general shall prepare and have 43
printed a pamphlet that contains a compilation of all statutes 44
relative to victim's rights in which the attorney general lists 45
and explains the statutes in the form of a victim's bill of 46
rights. The attorney general shall distribute the pamphlet to all 47
sheriffs, marshals, municipal corporation and township police 48
departments, constables, and other law enforcement agencies, to 49
all prosecuting attorneys, city directors of law, village 50
solicitors, and other similar chief legal officers of municipal 51
corporations, and to organizations that represent or provide 52
services for victims of crime. The victim's bill of rights set 53
forth in the pamphlet shall contain a description of all of the 54
rights of victims that are provided for in Chapter 2930. or in any 55
other section of the Revised Code and shall include, but not be 56
limited to, all of the following: 57

       (1) The right of a victim or a victim's representative to 58
attend a proceeding before a grand jury, in a juvenile case, or in 59
a criminal case pursuant to a subpoena without being discharged 60
from the victim's or representative's employment, having the 61
victim's or representative's employment terminated, having the 62
victim's or representative's pay decreased or withheld, or 63
otherwise being punished, penalized, or threatened as a result of 64
time lost from regular employment because of the victim's or 65
representative's attendance at the proceeding pursuant to the 66
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 67
2945.451 of the Revised Code; 68

       (2) The potential availability pursuant to section 2151.359 69
or 2152.61 of the Revised Code of a forfeited recognizance to pay 70
damages caused by a child when the delinquency of the child or 71
child's violation of probation or community control is found to be 72
proximately caused by the failure of the child's parent or 73
guardian to subject the child to reasonable parental authority or 74
to faithfully discharge the conditions of probation or community 75
control; 76

       (3) The availability of awards of reparations pursuant to 77
sections 2743.51 to 2743.72 of the Revised Code for injuries 78
caused by criminal offenses; 79

       (4) The right of the victim in certain criminal or juvenile 80
cases or a victim's representative to receive, pursuant to section 81
2930.06 of the Revised Code, notice of the date, time, and place 82
of the trial or delinquency proceeding in the case or, if there 83
will not be a trial or delinquency proceeding, information from 84
the prosecutor, as defined in section 2930.01 of the Revised Code, 85
regarding the disposition of the case; 86

       (5) The right of the victim in certain criminal or juvenile 87
cases or a victim's representative to receive, pursuant to section 88
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 89
name of the person charged with the violation, the case or docket 90
number assigned to the charge, and a telephone number or numbers 91
that can be called to obtain information about the disposition of 92
the case; 93

       (6) The right of the victim in certain criminal or juvenile 94
cases or of the victim's representative pursuant to section 95
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 96
terms set by the court as authorized under section 2930.14 of the 97
Revised Code, to make a statement about the victimization and, if 98
applicable, a statement relative to the sentencing or disposition 99
of the offender; 100

       (7) The opportunity to obtain a court order, pursuant to 101
section 2945.04 of the Revised Code, to prevent or stop the 102
commission of the offense of intimidation of a crime victim or 103
witness or an offense against the person or property of the 104
complainant, or of the complainant's ward or child; 105

       (8) The right of the victim in certain criminal or juvenile 106
cases or a victim's representative pursuant to sections 2151.38, 107
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 108
receive notice of a pending motion for judicial release or early 109
release of the person who committed the offense against the 110
victim, to make an oral or written statement at the court hearing 111
on the motion, and to be notified of the court's decision on the 112
motion; 113

       (9) The right of the victim in certain criminal or juvenile 114
cases or a victim's representative pursuant to section 2930.16, 115
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 116
of any pending commutation, pardon, parole, transitional control, 117
discharge, other form of authorized release, post-release control, 118
or supervised release for the person who committed the offense 119
against the victim or any application for release of that person 120
and to send a written statement relative to the victimization and 121
the pending action to the adult parole authority or the release 122
authority of the department of youth services; 123

       (10) The right of the victim to bring a civil action pursuant 124
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 125
from the offender's profit fund; 126

       (11) The right, pursuant to section 3109.09 of the Revised 127
Code, to maintain a civil action to recover compensatory damages 128
not exceeding ten thousand dollars and costs from the parent of a 129
minor who willfully damages property through the commission of an 130
act that would be a theft offense, as defined in section 2913.01 131
of the Revised Code, if committed by an adult; 132

       (12) The right, pursuant to section 3109.10 of the Revised 133
Code, to maintain a civil action to recover compensatory damages 134
not exceeding ten thousand dollars and costs from the parent of a 135
minor who willfully and maliciously assaults a person; 136

       (13) The possibility of receiving restitution from an 137
offender or a delinquent child pursuant to section 2152.20, 138
2929.18, or 2929.28 of the Revised Code; 139

       (14) The right of the victim in certain criminal or juvenile 140
cases or a victim's representative, pursuant to section 2930.16 of 141
the Revised Code, to receive notice of the escape from confinement 142
or custody of the person who committed the offense, to receive 143
that notice from the custodial agency of the person at the 144
victim's last address or telephone number provided to the 145
custodial agency, and to receive notice that, if either the 146
victim's address or telephone number changes, it is in the 147
victim's interest to provide the new address or telephone number 148
to the custodial agency; 149

       (15) The right of a victim of domestic violence to seek the 150
issuance of a civil protection order pursuant to section 3113.31 151
of the Revised Code, the right of a victim of a violation of 152
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 153
of the Revised Code, a violation of a substantially similar 154
municipal ordinance, or an offense of violence who is a family or 155
household member of the offender at the time of the offense to 156
seek the issuance of a temporary protection order pursuant to 157
section 2919.26 of the Revised Code, and the right of both types 158
of victims to be accompanied by a victim advocate during court 159
proceedings; 160

       (16) The right of a victim of a sexually oriented offense 161
that is not a registration-exempt sexually oriented offense or of 162
a child-victim oriented offense that is committed by a person who 163
is convicted of or pleads guilty to an aggravated sexually 164
oriented offense, by a person who is adjudicated a sexual predator 165
or child-victim predator, or, in certain cases, by a person who is 166
determined to be a habitual sex offender or habitual child-victim 167
offender to receive, pursuant to section 2950.10 of the Revised 168
Code, notice that the person has registered with a sheriff under 169
section 2950.04, 2950.041, or 2950.05 of the Revised Code and 170
notice of the person's name, the person's residence that is 171
registered, and the offender's school, institution of higher 172
education, or place of employment address or addresses that are 173
registered, and a summary of the manner in which the victim must 174
make a request to receive the notice. As used in this division, 175
"sexually oriented offense," "adjudicated a sexual predator," 176
"habitual sex offender," "registration-exempt sexually oriented 177
offense," "aggravated sexually oriented offense," "child-victim 178
oriented offense," "adjudicated a child-victim predator," and 179
"habitual child-victim offender" have the same meanings as in 180
section 2950.01 of the Revised Code. 181

       (17) The right of a victim of certain sexually violent 182
offenses committed by an offender who also is convicted of or 183
pleads guilty to a sexually violent predator specification and who 184
is sentenced to a prison term pursuant to division (A)(3) of 185
section 2971.03 of the Revised Code to receive, pursuant to 186
section 2930.16 of the Revised Code, notice of a hearing to 187
determine whether to modify the requirement that the offender 188
serve the entire prison term in a state correctional facility, 189
whether to continue, revise, or revoke any existing modification 190
of that requirement, or whether to terminate the prison term. As 191
used in this division, "sexually violent offense" and "sexually 192
violent predator specification" have the same meanings as in 193
section 2971.01 of the Revised Code. 194

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 195
prosecuting attorney, assistant prosecuting attorney, city 196
director of law, assistant city director of law, village 197
solicitor, assistant village solicitor, or similar chief legal 198
officer of a municipal corporation or an assistant of any of those 199
officers who prosecutes an offense committed in this state, upon 200
first contact with the victim of the offense, the victim's family, 201
or the victim's dependents, shall give the victim, the victim's 202
family, or the victim's dependents a copy of the pamphlet prepared 203
pursuant to division (A) of this section and explain, upon 204
request, the information in the pamphlet to the victim, the 205
victim's family, or the victim's dependents. 206

       (b) Subject to division (B)(1)(c) of this section, a law 207
enforcement agency that investigates an offense or delinquent act 208
committed in this state shall give the victim of the offense or 209
delinquent act, the victim's family, or the victim's dependents a 210
copy of the pamphlet prepared pursuant to division (A) of this 211
section at one of the following times: 212

       (i) Upon first contact with the victim, the victim's family, 213
or the victim's dependents; 214

       (ii) If the offense or delinquent act is an offense of 215
violence, if the circumstances of the offense or delinquent act 216
and the condition of the victim, the victim's family, or the 217
victim's dependents indicate that the victim, the victim's family, 218
or the victim's dependents will not be able to understand the 219
significance of the pamphlet upon first contact with the agency, 220
and if the agency anticipates that it will have an additional 221
contact with the victim, the victim's family, or the victim's 222
dependents, upon the agency's second contact with the victim, the 223
victim's family, or the victim's dependents. 224

       If the agency does not give the victim, the victim's family, 225
or the victim's dependents a copy of the pamphlet upon first 226
contact with them and does not have a second contact with the 227
victim, the victim's family, or the victim's dependents, the 228
agency shall mail a copy of the pamphlet to the victim, the 229
victim's family, or the victim's dependents at their last known 230
address. 231

       (c) In complying on and after December 9, 1994, with the 232
duties imposed by division (B)(1)(a) or (b) of this section, an 233
official or a law enforcement agency shall use copies of the 234
pamphlet that are in the official's or agency's possession on 235
December 9, 1994, until the official or agency has distributed all 236
of those copies. After the official or agency has distributed all 237
of those copies, the official or agency shall use only copies of 238
the pamphlet that contain at least the information described in 239
divisions (A)(1) to (17) of this section. 240

       (2) The failure of a law enforcement agency or of a 241
prosecuting attorney, assistant prosecuting attorney, city 242
director of law, assistant city director of law, village 243
solicitor, assistant village solicitor, or similar chief legal 244
officer of a municipal corporation or an assistant to any of those 245
officers to give, as required by division (B)(1) of this section, 246
the victim of an offense or delinquent act, the victim's family, 247
or the victim's dependents a copy of the pamphlet prepared 248
pursuant to division (A) of this section does not give the victim, 249
the victim's family, the victim's dependents, or a victim's 250
representative any rights under section 2743.51 to 2743.72, 251
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 252
Revised Code or under any other provision of the Revised Code and 253
does not affect any right under those sections. 254

       (3) A law enforcement agency, a prosecuting attorney or 255
assistant prosecuting attorney, or a city director of law, 256
assistant city director of law, village solicitor, assistant 257
village solicitor, or similar chief legal officer of a municipal 258
corporation that distributes a copy of the pamphlet prepared 259
pursuant to division (A) of this section shall not be required to 260
distribute a copy of an information card or other printed material 261
provided by the clerk of the court of claims pursuant to section 262
2743.71 of the Revised Code. 263

       (C) The cost of printing and distributing the pamphlet 264
prepared pursuant to division (A) of this section shall be paid 265
out of the reparations fund, created pursuant to section 2743.191 266
of the Revised Code, in accordance with division (D) of that 267
section. 268

       (D) As used in this section: 269

       (1) "Victim's representative" has the same meaning as in 270
section 2930.01 of the Revised Code; 271

       (2) "Victim advocate" has the same meaning as in section 272
2919.26 of the Revised Code. 273

       Sec. 2921.34. (A)(1) No person, knowing the person is under 274
detention or being reckless in that regard, shall purposely break 275
or attempt to break the detention, or purposely fail to return to 276
detention, either following temporary leave granted for a specific 277
purpose or limited period, or at the time required when serving a 278
sentence in intermittent confinement. 279

       (2) No person who is adjudicated a sexually violent predator 280
and is sentenced to a prison term pursuant to division (A)(3) of 281
section 2971.03 of the Revised Code ~~as a~~for the sexually violent 282
~~predator~~offense, for whom the requirement that the entire prison 283
term be served in a state correctional institution has been 284
modified pursuant to section 2971.05 of the Revised Code, and who, 285
pursuant to that modification, is restricted to a geographic area, 286
knowing that the person is under a geographic restriction or being 287
reckless in that regard, shall purposely leave the geographic area 288
to which the restriction applies or purposely fail to return to 289
that geographic area following a temporary leave granted for a 290
specific purpose or for a limited period of time. 291

       (B) Irregularity in bringing about or maintaining detention, 292
or lack of jurisdiction of the committing or detaining authority, 293
is not a defense to a charge under this section if the detention 294
is pursuant to judicial order or in a detention facility. In the 295
case of any other detention, irregularity or lack of jurisdiction 296
is an affirmative defense only if either of the following occurs: 297

       (1) The escape involved no substantial risk of harm to the 298
person or property of another. 299

       (2) The detaining authority knew or should have known there 300
was no legal basis or authority for the detention. 301

       (C) Whoever violates this section is guilty of escape. 302

       (1) If the offender, at the time of the commission of the 303
offense, was under detention as an alleged or adjudicated 304
delinquent child or unruly child and if the act for which the 305
offender was under detention would not be a felony if committed by 306
an adult, escape is a misdemeanor of the first degree. 307

       (2) If the offender, at the time of the commission of the 308
offense, was under detention in any other manner or was 309
adjudicated a sexually violent predator for whom the requirement 310
that the entire prison term imposed pursuant to division (A)(3) of 311
section 2971.03 of the Revised Code be served in a state 312
correctional institution has been modified pursuant to section 313
2971.05 of the Revised Code, escape is one of the following: 314

       (a) A felony of the second degree, when the most serious 315
offense for which the person was under detention or adjudicated a 316
sexually violent predator is aggravated murder, murder, or a 317
felony of the first or second degree or, if the person was under 318
detention as an alleged or adjudicated delinquent child, when the 319
most serious act for which the person was under detention would be 320
aggravated murder, murder, or a felony of the first or second 321
degree if committed by an adult; 322

       (b) A felony of the third degree, when the most serious 323
offense for which the person was under detention or adjudicated a 324
sexually violent predator is a felony of the third, fourth, or 325
fifth degree or an unclassified felony or, if the person was under 326
detention as an alleged or adjudicated delinquent child, when the 327
most serious act for which the person was under detention would be 328
a felony of the third, fourth, or fifth degree or an unclassified 329
felony if committed by an adult; 330

       (c) A felony of the fifth degree, when any of the following 331
applies: 332

       (i) The most serious offense for which the person was under 333
detention is a misdemeanor. 334

       (ii) The person was found not guilty by reason of insanity, 335
and the person's detention consisted of hospitalization, 336
institutionalization, or confinement in a facility under an order 337
made pursuant to or under authority of section 2945.40, 2945.401, 338
or 2945.402 of the Revised Code. 339

       (d) A misdemeanor of the first degree, when the most serious 340
offense for which the person was under detention is a misdemeanor 341
and when the person fails to return to detention at a specified 342
time following temporary leave granted for a specific purpose or 343
limited period or at the time required when serving a sentence in 344
intermittent confinement. 345

       (D) As used in this section: 346

       (1) "Adjudicated a sexually violent predator" has the same 347
meaning as in section 2929.01 of the Revised Code, and a person is 348
"adjudicated a sexually violent predator" in the same manner and 349
the same circumstances as are described in that section. 350

       (2) "Sexually violent offense" has the same meaning as in 351
section 2971.01 of the Revised Code. 352

       Sec. 2929.01. As used in this chapter: 353

       (A)(1) "Alternative residential facility" means, subject to 354
division (A)(2) of this section, any facility other than an 355
offender's home or residence in which an offender is assigned to 356
live and that satisfies all of the following criteria: 357

       (a) It provides programs through which the offender may seek 358
or maintain employment or may receive education, training, 359
treatment, or habilitation. 360

       (b) It has received the appropriate license or certificate 361
for any specialized education, training, treatment, habilitation, 362
or other service that it provides from the government agency that 363
is responsible for licensing or certifying that type of education, 364
training, treatment, habilitation, or service. 365

       (2) "Alternative residential facility" does not include a 366
community-based correctional facility, jail, halfway house, or 367
prison. 368

       (B) "Bad time" means the time by which the parole board 369
administratively extends an offender's stated prison term or terms 370
pursuant to section 2967.11 of the Revised Code because the parole 371
board finds by clear and convincing evidence that the offender, 372
while serving the prison term or terms, committed an act that is a 373
criminal offense under the law of this state or the United States, 374
whether or not the offender is prosecuted for the commission of 375
that act. 376

       (C) "Basic probation supervision" means a requirement that 377
the offender maintain contact with a person appointed to supervise 378
the offender in accordance with sanctions imposed by the court or 379
imposed by the parole board pursuant to section 2967.28 of the 380
Revised Code. "Basic probation supervision" includes basic parole 381
supervision and basic post-release control supervision. 382

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 383
"unit dose" have the same meanings as in section 2925.01 of the 384
Revised Code. 385

       (E) "Community-based correctional facility" means a 386
community-based correctional facility and program or district 387
community-based correctional facility and program developed 388
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 389

       (F) "Community control sanction" means a sanction that is not 390
a prison term and that is described in section 2929.15, 2929.16, 391
2929.17, or 2929.18 of the Revised Code or a sanction that is not 392
a jail term and that is described in section 2929.26, 2929.27, or 393
2929.28 of the Revised Code. "Community control sanction" includes 394
probation if the sentence involved was imposed for a felony that 395
was committed prior to July 1, 1996, or if the sentence involved 396
was imposed for a misdemeanor that was committed prior to January 397
1, 2004. 398

       (G) "Controlled substance," "marihuana," "schedule I," and 399
"schedule II" have the same meanings as in section 3719.01 of the 400
Revised Code. 401

       (H) "Curfew" means a requirement that an offender during a 402
specified period of time be at a designated place. 403

       (I) "Day reporting" means a sanction pursuant to which an 404
offender is required each day to report to and leave a center or 405
other approved reporting location at specified times in order to 406
participate in work, education or training, treatment, and other 407
approved programs at the center or outside the center. 408

       (J) "Deadly weapon" has the same meaning as in section 409
2923.11 of the Revised Code. 410

       (K) "Drug and alcohol use monitoring" means a program under 411
which an offender agrees to submit to random chemical analysis of 412
the offender's blood, breath, or urine to determine whether the 413
offender has ingested any alcohol or other drugs. 414

       (L) "Drug treatment program" means any program under which a 415
person undergoes assessment and treatment designed to reduce or 416
completely eliminate the person's physical or emotional reliance 417
upon alcohol, another drug, or alcohol and another drug and under 418
which the person may be required to receive assessment and 419
treatment on an outpatient basis or may be required to reside at a 420
facility other than the person's home or residence while 421
undergoing assessment and treatment. 422

       (M) "Economic loss" means any economic detriment suffered by 423
a victim as a direct and proximate result of the commission of an 424
offense and includes any loss of income due to lost time at work 425
because of any injury caused to the victim, and any property loss, 426
medical cost, or funeral expense incurred as a result of the 427
commission of the offense. "Economic loss" does not include 428
non-economic loss or any punitive or exemplary damages. 429

       (N) "Education or training" includes study at, or in 430
conjunction with a program offered by, a university, college, or 431
technical college or vocational study and also includes the 432
completion of primary school, secondary school, and literacy 433
curricula or their equivalent. 434

        (O) "Firearm" has the same meaning as in section 2923.11 of 435
the Revised Code. 436

       (P) "Halfway house" means a facility licensed by the division 437
of parole and community services of the department of 438
rehabilitation and correction pursuant to section 2967.14 of the 439
Revised Code as a suitable facility for the care and treatment of 440
adult offenders. 441

       (Q) "House arrest" means a period of confinement of an 442
offender that is in the offender's home or in other premises 443
specified by the sentencing court or by the parole board pursuant 444
to section 2967.28 of the Revised Code and during which all of the 445
following apply: 446

       (1) The offender is required to remain in the offender's home 447
or other specified premises for the specified period of 448
confinement, except for periods of time during which the offender 449
is at the offender's place of employment or at other premises as 450
authorized by the sentencing court or by the parole board. 451

       (2) The offender is required to report periodically to a 452
person designated by the court or parole board. 453

       (3) The offender is subject to any other restrictions and 454
requirements that may be imposed by the sentencing court or by the 455
parole board. 456

       (R) "Intensive probation supervision" means a requirement 457
that an offender maintain frequent contact with a person appointed 458
by the court, or by the parole board pursuant to section 2967.28 459
of the Revised Code, to supervise the offender while the offender 460
is seeking or maintaining necessary employment and participating 461
in training, education, and treatment programs as required in the 462
court's or parole board's order. "Intensive probation supervision" 463
includes intensive parole supervision and intensive post-release 464
control supervision. 465

       (S) "Jail" means a jail, workhouse, minimum security jail, or 466
other residential facility used for the confinement of alleged or 467
convicted offenders that is operated by a political subdivision or 468
a combination of political subdivisions of this state. 469

       (T) "Jail term" means the term in a jail that a sentencing 470
court imposes or is authorized to impose pursuant to section 471
2929.24 or 2929.25 of the Revised Code or pursuant to any other 472
provision of the Revised Code that authorizes a term in a jail for 473
a misdemeanor conviction. 474

       (U) "Mandatory jail term" means the term in a jail that a 475
sentencing court is required to impose pursuant to division (G) of 476
section 1547.99 of the Revised Code, division (E) of section 477
2903.06 or division (D) of section 2903.08 of the Revised Code, 478
division (E) of section 2929.24 of the Revised Code, division (B) 479
of section 4510.14 of the Revised Code, or division (G) of section 480
4511.19 of the Revised Code or pursuant to any other provision of 481
the Revised Code that requires a term in a jail for a misdemeanor 482
conviction. 483

       (V) "Delinquent child" has the same meaning as in section 484
2152.02 of the Revised Code. 485

       (W) "License violation report" means a report that is made by 486
a sentencing court, or by the parole board pursuant to section 487
2967.28 of the Revised Code, to the regulatory or licensing board 488
or agency that issued an offender a professional license or a 489
license or permit to do business in this state and that specifies 490
that the offender has been convicted of or pleaded guilty to an 491
offense that may violate the conditions under which the offender's 492
professional license or license or permit to do business in this 493
state was granted or an offense for which the offender's 494
professional license or license or permit to do business in this 495
state may be revoked or suspended. 496

       (X) "Major drug offender" means an offender who is convicted 497
of or pleads guilty to the possession of, sale of, or offer to 498
sell any drug, compound, mixture, preparation, or substance that 499
consists of or contains at least one thousand grams of hashish; at 500
least one hundred grams of crack cocaine; at least one thousand 501
grams of cocaine that is not crack cocaine; at least two thousand 502
five hundred unit doses or two hundred fifty grams of heroin; at 503
least five thousand unit doses of L.S.D. or five hundred grams of 504
L.S.D. in a liquid concentrate, liquid extract, or liquid 505
distillate form; or at least one hundred times the amount of any 506
other schedule I or II controlled substance other than marihuana 507
that is necessary to commit a felony of the third degree pursuant 508
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised 509
Code that is based on the possession of, sale of, or offer to sell 510
the controlled substance. 511

       (Y) "Mandatory prison term" means any of the following: 512

       (1) Subject to division (Y)(2) of this section, the term in 513
prison that must be imposed for the offenses or circumstances set 514
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section 515
2929.13 and division (D) of section 2929.14 of the Revised Code. 516
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 517
and 2925.11 of the Revised Code, unless the maximum or another 518
specific term is required under section 2929.14 of the Revised 519
Code, a mandatory prison term described in this division may be 520
any prison term authorized for the level of offense. 521

       (2) The term of sixty or one hundred twenty days in prison 522
that a sentencing court is required to impose for a third or 523
fourth degree felony OVI offense pursuant to division (G)(2) of 524
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 525
of the Revised Code or the term of one, two, three, four, or five 526
years in prison that a sentencing court is required to impose 527
pursuant to division (G)(2) of section 2929.13 of the Revised 528
Code. 529

       (3) The term in prison imposed pursuant to section 2971.03 of 530
the Revised Code for the offenses and in the circumstances 531
described in division (F)(11) of section 2929.13 of the Revised 532
Code and that term as modified or terminated pursuant to section 533
2971.05 of the Revised Code. 534

       (Z) "Monitored time" means a period of time during which an 535
offender continues to be under the control of the sentencing court 536
or parole board, subject to no conditions other than leading a 537
law-abiding life. 538

       (AA) "Offender" means a person who, in this state, is 539
convicted of or pleads guilty to a felony or a misdemeanor. 540

       (BB) "Prison" means a residential facility used for the 541
confinement of convicted felony offenders that is under the 542
control of the department of rehabilitation and correction but 543
does not include a violation sanction center operated under 544
authority of section 2967.141 of the Revised Code. 545

       (CC) "Prison term" includes any of the following sanctions 546
for an offender: 547

       (1) A stated prison term; 548

       (2) A term in a prison shortened by, or with the approval of, 549
the sentencing court pursuant to section 2929.20, 2967.26, 550
5120.031, 5120.032, or 5120.073 of the Revised Code; 551

       (3) A term in prison extended by bad time imposed pursuant to 552
section 2967.11 of the Revised Code or imposed for a violation of 553
post-release control pursuant to section 2967.28 of the Revised 554
Code. 555

       (DD) "Repeat violent offender" means a person about whom both 556
of the following apply: 557

       (1) The person has been convicted of or has pleaded guilty 558
to, and is being sentenced for committing, for complicity in 559
committing, or for an attempt to commit, aggravated murder, 560
murder, involuntary manslaughter, a felony of the first degree 561
other than one set forth in Chapter 2925. of the Revised Code, a 562
felony of the first degree set forth in Chapter 2925. of the 563
Revised Code that involved an attempt to cause serious physical 564
harm to a person or that resulted in serious physical harm to a 565
person, or a felony of the second degree that involved an attempt 566
to cause serious physical harm to a person or that resulted in 567
serious physical harm to a person. 568

       (2) Either of the following applies: 569

       (a) The person previously was convicted of or pleaded guilty 570
to, and previously served or, at the time of the offense was 571
serving, a prison term for, any of the following: 572

       (i) Aggravated murder, murder, involuntary manslaughter, 573
rape, felonious sexual penetration as it existed under section 574
2907.12 of the Revised Code prior to September 3, 1996, a felony 575
of the first or second degree that resulted in the death of a 576
person or in physical harm to a person, or complicity in or an 577
attempt to commit any of those offenses; 578

       (ii) An offense under an existing or former law of this 579
state, another state, or the United States that is or was 580
substantially equivalent to an offense listed under division 581
(DD)(2)(a)(i) of this section and that resulted in the death of a 582
person or in physical harm to a person. 583

       (b) The person previously was adjudicated a delinquent child 584
for committing an act that if committed by an adult would have 585
been an offense listed in division (DD)(2)(a)(i) or (ii) of this 586
section, the person was committed to the department of youth 587
services for that delinquent act. 588

       (EE) "Sanction" means any penalty imposed upon an offender 589
who is convicted of or pleads guilty to an offense, as punishment 590
for the offense. "Sanction" includes any sanction imposed pursuant 591
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 592
2929.28 of the Revised Code. 593

       (FF) "Sentence" means the sanction or combination of 594
sanctions imposed by the sentencing court on an offender who is 595
convicted of or pleads guilty to an offense. 596

       (GG) "Stated prison term" means the prison term, mandatory 597
prison term, or combination of all prison terms and mandatory 598
prison terms imposed by the sentencing court pursuant to section 599
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 600
includes any credit received by the offender for time spent in 601
jail awaiting trial, sentencing, or transfer to prison for the 602
offense and any time spent under house arrest or house arrest with 603
electronic monitoring imposed after earning credits pursuant to 604
section 2967.193 of the Revised Code. 605

       (HH) "Victim-offender mediation" means a reconciliation or 606
mediation program that involves an offender and the victim of the 607
offense committed by the offender and that includes a meeting in 608
which the offender and the victim may discuss the offense, discuss 609
restitution, and consider other sanctions for the offense. 610

       (II) "Fourth degree felony OVI offense" means a violation of 611
division (A) of section 4511.19 of the Revised Code that, under 612
division (G) of that section, is a felony of the fourth degree. 613

       (JJ) "Mandatory term of local incarceration" means the term 614
of sixty or one hundred twenty days in a jail, a community-based 615
correctional facility, a halfway house, or an alternative 616
residential facility that a sentencing court may impose upon a 617
person who is convicted of or pleads guilty to a fourth degree 618
felony OVI offense pursuant to division (G)(1) of section 2929.13 619
of the Revised Code and division (G)(1)(d) or (e) of section 620
4511.19 of the Revised Code. 621

       (KK) "Designated homicide, assault, or kidnapping offense," 622
"violent sex offense," "sexual motivation specification," 623
"sexually violent offense," "sexually violent predator," and 624
"sexually violent predator specification" have the same meanings 625
as in section 2971.01 of the Revised Code. 626

       (LL) "Habitual sex offender," "sexually oriented offense," 627
"sexual predator," "registration-exempt sexually oriented 628
offense," "child-victim oriented offense," "habitual child-victim 629
offender," and "child-victim predator" have the same meanings as 630
in section 2950.01 of the Revised Code. 631

       (MM) An offense is "committed in the vicinity of a child" if 632
the offender commits the offense within thirty feet of or within 633
the same residential unit as a child who is under eighteen years 634
of age, regardless of whether the offender knows the age of the 635
child or whether the offender knows the offense is being committed 636
within thirty feet of or within the same residential unit as the 637
child and regardless of whether the child actually views the 638
commission of the offense. 639

       (NN) "Family or household member" has the same meaning as in 640
section 2919.25 of the Revised Code. 641

       (OO) "Motor vehicle" and "manufactured home" have the same 642
meanings as in section 4501.01 of the Revised Code. 643

       (PP) "Detention" and "detention facility" have the same 644
meanings as in section 2921.01 of the Revised Code. 645

       (QQ) "Third degree felony OVI offense" means a violation of 646
division (A) of section 4511.19 of the Revised Code that, under 647
division (G) of that section, is a felony of the third degree. 648

       (RR) "Random drug testing" has the same meaning as in section 649
5120.63 of the Revised Code. 650

       (SS) "Felony sex offense" has the same meaning as in section 651
2967.28 of the Revised Code. 652

       (TT) "Body armor" has the same meaning as in section 653
2941.1411 of the Revised Code. 654

       (UU) "Electronic monitoring" means monitoring through the use 655
of an electronic monitoring device. 656

        (VV) "Electronic monitoring device" means any of the 657
following: 658

        (1) Any device that can be operated by electrical or battery 659
power and that conforms with all of the following: 660

        (a) The device has a transmitter that can be attached to a 661
person, that will transmit a specified signal to a receiver of the 662
type described in division (VV)(1)(b) of this section if the 663
transmitter is removed from the person, turned off, or altered in 664
any manner without prior court approval in relation to electronic 665
monitoring or without prior approval of the department of 666
rehabilitation and correction in relation to the use of an 667
electronic monitoring device for an inmate on transitional control 668
or otherwise is tampered with, that can transmit continuously and 669
periodically a signal to that receiver when the person is within a 670
specified distance from the receiver, and that can transmit an 671
appropriate signal to that receiver if the person to whom it is 672
attached travels a specified distance from that receiver. 673

        (b) The device has a receiver that can receive continuously 674
the signals transmitted by a transmitter of the type described in 675
division (VV)(1)(a) of this section, can transmit continuously 676
those signals by telephone to a central monitoring computer of the 677
type described in division (VV)(1)(c) of this section, and can 678
transmit continuously an appropriate signal to that central 679
monitoring computer if the receiver is turned off or altered 680
without prior court approval or otherwise tampered with. 681

        (c) The device has a central monitoring computer that can 682
receive continuously the signals transmitted by telephone by a 683
receiver of the type described in division (VV)(1)(b) of this 684
section and can monitor continuously the person to whom an 685
electronic monitoring device of the type described in division 686
(VV)(1)(a) of this section is attached. 687

        (2) Any device that is not a device of the type described in 688
division (VV)(1) of this section and that conforms with all of the 689
following: 690

       (a) The device includes a transmitter and receiver that can 691
monitor and determine the location of a subject person at any 692
time, or at a designated point in time, through the use of a 693
central monitoring computer or through other electronic means. 694

        (b) The device includes a transmitter and receiver that can 695
determine at any time, or at a designated point in time, through 696
the use of a central monitoring computer or other electronic means 697
the fact that the transmitter is turned off or altered in any 698
manner without prior approval of the court in relation to the 699
electronic monitoring or without prior approval of the department 700
of rehabilitation and correction in relation to the use of an 701
electronic monitoring device for an inmate on transitional control 702
or otherwise is tampered with. 703

        (3) Any type of technology that can adequately track or 704
determine the location of a subject person at any time and that is 705
approved by the director of rehabilitation and correction, 706
including, but not limited to, any satellite technology, voice 707
tracking system, or retinal scanning system that is so approved. 708

       (WW) "Non-economic loss" means nonpecuniary harm suffered by 709
a victim of an offense as a result of or related to the commission 710
of the offense, including, but not limited to, pain and suffering; 711
loss of society, consortium, companionship, care, assistance, 712
attention, protection, advice, guidance, counsel, instruction, 713
training, or education; mental anguish; and any other intangible 714
loss. 715

       (XX) "Prosecutor" has the same meaning as in section 2935.01 716
of the Revised Code. 717

       ~~(WW)~~(YY) "Continuous alcohol monitoring" means the ability to 718
automatically test and periodically transmit alcohol consumption 719
levels and tamper attempts at least every hour, regardless of the 720
location of the person who is being monitored. 721

       (ZZ) A person is "adjudicated a sexually violent predator" if 722
the person is convicted of or pleads guilty to a violent sex 723
offense and also is convicted of or pleads guilty to a sexually 724
violent predator specification that was included in the 725
indictment, count in the indictment, or information charging that 726
violent sex offense or if the person is convicted of or pleads 727
guilty to a designated homicide, assault, or kidnapping offense 728
and also is convicted of or pleads guilty to both a sexual 729
motivation specification and a sexually violent predator 730
specification that were included in the indictment, count in the 731
indictment, or information charging that designated homicide, 732
assault, or kidnapping offense. 733

       Sec. 2929.13. (A) Except as provided in division (E), (F), 734
or (G) of this section and unless a specific sanction is required 735
to be imposed or is precluded from being imposed pursuant to law, 736
a court that imposes a sentence upon an offender for a felony may 737
impose any sanction or combination of sanctions on the offender 738
that are provided in sections 2929.14 to 2929.18 of the Revised 739
Code. The sentence shall not impose an unnecessary burden on state 740
or local government resources. 741

       If the offender is eligible to be sentenced to community 742
control sanctions, the court shall consider the appropriateness of 743
imposing a financial sanction pursuant to section 2929.18 of the 744
Revised Code or a sanction of community service pursuant to 745
section 2929.17 of the Revised Code as the sole sanction for the 746
offense. Except as otherwise provided in this division, if the 747
court is required to impose a mandatory prison term for the 748
offense for which sentence is being imposed, the court also may 749
impose a financial sanction pursuant to section 2929.18 of the 750
Revised Code but may not impose any additional sanction or 751
combination of sanctions under section 2929.16 or 2929.17 of the 752
Revised Code. 753

       If the offender is being sentenced for a fourth degree felony 754
OVI offense or for a third degree felony OVI offense, in addition 755
to the mandatory term of local incarceration or the mandatory 756
prison term required for the offense by division (G)(1) or (2) of 757
this section, the court shall impose upon the offender a mandatory 758
fine in accordance with division (B)(3) of section 2929.18 of the 759
Revised Code and may impose whichever of the following is 760
applicable: 761

       (1) For a fourth degree felony OVI offense for which sentence 762
is imposed under division (G)(1) of this section, an additional 763
community control sanction or combination of community control 764
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 765
the court imposes upon the offender a community control sanction 766
and the offender violates any condition of the community control 767
sanction, the court may take any action prescribed in division (B) 768
of section 2929.15 of the Revised Code relative to the offender, 769
including imposing a prison term on the offender pursuant to that 770
division. 771

       (2) For a third or fourth degree felony OVI offense for which 772
sentence is imposed under division (G)(2) of this section, an 773
additional prison term as described in division (D)(4) of section 774
2929.14 of the Revised Code or a community control sanction as 775
described in division (G)(2) of this section. 776

       (B)(1) Except as provided in division (B)(2), (E), (F), or 777
(G) of this section, in sentencing an offender for a felony of the 778
fourth or fifth degree, the sentencing court shall determine 779
whether any of the following apply: 780

       (a) In committing the offense, the offender caused physical 781
harm to a person. 782

       (b) In committing the offense, the offender attempted to 783
cause or made an actual threat of physical harm to a person with a 784
deadly weapon. 785

       (c) In committing the offense, the offender attempted to 786
cause or made an actual threat of physical harm to a person, and 787
the offender previously was convicted of an offense that caused 788
physical harm to a person. 789

       (d) The offender held a public office or position of trust 790
and the offense related to that office or position; the offender's 791
position obliged the offender to prevent the offense or to bring 792
those committing it to justice; or the offender's professional 793
reputation or position facilitated the offense or was likely to 794
influence the future conduct of others. 795

       (e) The offender committed the offense for hire or as part of 796
an organized criminal activity. 797

       (f) The offense is a sex offense that is a fourth or fifth 798
degree felony violation of section 2907.03, 2907.04, 2907.05, 799
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 800
Revised Code. 801

       (g) The offender at the time of the offense was serving, or 802
the offender previously had served, a prison term. 803

       (h) The offender committed the offense while under a 804
community control sanction, while on probation, or while released 805
from custody on a bond or personal recognizance. 806

       (i) The offender committed the offense while in possession of 807
a firearm. 808

       (2)(a) If the court makes a finding described in division 809
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this 810
section and if the court, after considering the factors set forth 811
in section 2929.12 of the Revised Code, finds that a prison term 812
is consistent with the purposes and principles of sentencing set 813
forth in section 2929.11 of the Revised Code and finds that the 814
offender is not amenable to an available community control 815
sanction, the court shall impose a prison term upon the offender. 816

       (b) Except as provided in division (E), (F), or (G) of this 817
section, if the court does not make a finding described in 818
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of 819
this section and if the court, after considering the factors set 820
forth in section 2929.12 of the Revised Code, finds that a 821
community control sanction or combination of community control 822
sanctions is consistent with the purposes and principles of 823
sentencing set forth in section 2929.11 of the Revised Code, the 824
court shall impose a community control sanction or combination of 825
community control sanctions upon the offender. 826

       (C) Except as provided in division (E), (F), or (G) of this 827
section, in determining whether to impose a prison term as a 828
sanction for a felony of the third degree or a felony drug offense 829
that is a violation of a provision of Chapter 2925. of the Revised 830
Code and that is specified as being subject to this division for 831
purposes of sentencing, the sentencing court shall comply with the 832
purposes and principles of sentencing under section 2929.11 of the 833
Revised Code and with section 2929.12 of the Revised Code. 834

       (D) Except as provided in division (E) or (F) of this 835
section, for a felony of the first or second degree and for a 836
felony drug offense that is a violation of any provision of 837
Chapter 2925., 3719., or 4729. of the Revised Code for which a 838
presumption in favor of a prison term is specified as being 839
applicable, it is presumed that a prison term is necessary in 840
order to comply with the purposes and principles of sentencing 841
under section 2929.11 of the Revised Code. Notwithstanding the 842
presumption established under this division, the sentencing court 843
may impose a community control sanction or a combination of 844
community control sanctions instead of a prison term on an 845
offender for a felony of the first or second degree or for a 846
felony drug offense that is a violation of any provision of 847
Chapter 2925., 3719., or 4729. of the Revised Code for which a 848
presumption in favor of a prison term is specified as being 849
applicable if it makes both of the following findings: 850

       (1) A community control sanction or a combination of 851
community control sanctions would adequately punish the offender 852
and protect the public from future crime, because the applicable 853
factors under section 2929.12 of the Revised Code indicating a 854
lesser likelihood of recidivism outweigh the applicable factors 855
under that section indicating a greater likelihood of recidivism. 856

       (2) A community control sanction or a combination of 857
community control sanctions would not demean the seriousness of 858
the offense, because one or more factors under section 2929.12 of 859
the Revised Code that indicate that the offender's conduct was 860
less serious than conduct normally constituting the offense are 861
applicable, and they outweigh the applicable factors under that 862
section that indicate that the offender's conduct was more serious 863
than conduct normally constituting the offense. 864

       (E)(1) Except as provided in division (F) of this section, 865
for any drug offense that is a violation of any provision of 866
Chapter 2925. of the Revised Code and that is a felony of the 867
third, fourth, or fifth degree, the applicability of a presumption 868
under division (D) of this section in favor of a prison term or of 869
division (B) or (C) of this section in determining whether to 870
impose a prison term for the offense shall be determined as 871
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 872
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the 873
Revised Code, whichever is applicable regarding the violation. 874

       (2) If an offender who was convicted of or pleaded guilty to 875
a felony violates the conditions of a community control sanction 876
imposed for the offense solely by reason of producing positive 877
results on a drug test, the court, as punishment for the violation 878
of the sanction, shall not order that the offender be imprisoned 879
unless the court determines on the record either of the following: 880

       (a) The offender had been ordered as a sanction for the 881
felony to participate in a drug treatment program, in a drug 882
education program, or in narcotics anonymous or a similar program, 883
and the offender continued to use illegal drugs after a reasonable 884
period of participation in the program. 885

       (b) The imprisonment of the offender for the violation is 886
consistent with the purposes and principles of sentencing set 887
forth in section 2929.11 of the Revised Code. 888

       (F) Notwithstanding divisions (A) to (E) of this section, the 889
court shall impose a prison term or terms under sections 2929.02 890
to 2929.06, section 2929.14, or section 2971.03 of the Revised 891
Code and except as specifically provided in section 2929.20 or 892
2967.191 of the Revised Code or when parole is authorized for the 893
offense under section 2967.13 of the Revised Code shall not reduce 894
the terms pursuant to section 2929.20, section 2967.193, or any 895
other provision of Chapter 2967. or Chapter 5120. of the Revised 896
Code for any of the following offenses: 897

       (1) Aggravated murder when death is not imposed or murder; 898

       (2) Any rape, regardless of whether force was involved and 899
regardless of the age of the victim, or an attempt to commit rape 900
if, had the offender completed the rape that was attempted, the 901
offender would have been subject to a sentence of life 902
imprisonment or life imprisonment without parole for the rape; 903

       (3) Gross sexual imposition or sexual battery, if the victim 904
is under thirteen years of age, if the offender previously was 905
convicted of or pleaded guilty to rape, the former offense of 906
felonious sexual penetration, gross sexual imposition, or sexual 907
battery, and if the victim of the previous offense was under 908
thirteen years of age; 909

       (4) A felony violation of section 2903.04, 2903.06, 2903.08, 910
2903.11, 2903.12, or 2903.13 of the Revised Code if the section 911
requires the imposition of a prison term; 912

       (5) A first, second, or third degree felony drug offense for 913
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 914
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 915
4729.99 of the Revised Code, whichever is applicable regarding the 916
violation, requires the imposition of a mandatory prison term; 917

       (6) Any offense that is a first or second degree felony and 918
that is not set forth in division (F)(1), (2), (3), or (4) of this 919
section, if the offender previously was convicted of or pleaded 920
guilty to aggravated murder, murder, any first or second degree 921
felony, or an offense under an existing or former law of this 922
state, another state, or the United States that is or was 923
substantially equivalent to one of those offenses; 924

       (7) Any offense that is a third degree felony and that is 925
listed in division (DD)(1) of section 2929.01 of the Revised Code 926
if the offender previously was convicted of or pleaded guilty to 927
any offense that is listed in division (DD)(2)(a)(i) or (ii) of 928
section 2929.01 of the Revised Code; 929

       (8) Any offense, other than a violation of section 2923.12 of 930
the Revised Code, that is a felony, if the offender had a firearm 931
on or about the offender's person or under the offender's control 932
while committing the felony, with respect to a portion of the 933
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 934
of the Revised Code for having the firearm; 935

       (9) Any offense of violence that is a felony, if the offender 936
wore or carried body armor while committing the felony offense of 937
violence, with respect to the portion of the sentence imposed 938
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 939
Code for wearing or carrying the body armor; 940

       (10) Corrupt activity in violation of section 2923.32 of the 941
Revised Code when the most serious offense in the pattern of 942
corrupt activity that is the basis of the offense is a felony of 943
the first degree; 944

       (11) Any ~~sexually~~ violent sex offense ~~for which~~or designated 945
homicide, assault, or kidnapping offense if, in relation to that 946
offense, the offender ~~also~~ is ~~convicted of or pleads guilty to~~ 947
adjudicated a sexually violent predator ~~specification that was~~ 948
~~included in the indictment, count in the indictment, or~~ 949
~~information charging the sexually violent offense~~; 950

       (12) A violation of division (A)(1) or (2) of section 2921.36 951
of the Revised Code, or a violation of division (C) of that 952
section involving an item listed in division (A)(1) or (2) of that 953
section, if the offender is an officer or employee of the 954
department of rehabilitation and correction; 955

        (13) A violation of division (A)(1) or (2) of section 2903.06 956
of the Revised Code if the victim of the offense is a peace 957
officer, as defined in section 2935.01 of the Revised Code, with 958
respect to the portion of the sentence imposed pursuant to 959
division (D)(5) of section 2929.14 of the Revised Code; 960

        (14) A violation of division (A)(1) or (2) of section 2903.06 961
of the Revised Code if the offender has been convicted of or 962
pleaded guilty to three or more violations of division (A) or (B) 963
of section 4511.19 of the Revised Code or an equivalent offense, 964
as defined in section 2941.1415 of the Revised Code, or three or 965
more violations of any combination of those divisions and 966
offenses, with respect to the portion of the sentence imposed 967
pursuant to division (D)(6) of section 2929.14 of the Revised 968
Code. 969

       (G) Notwithstanding divisions (A) to (E) of this section, if 970
an offender is being sentenced for a fourth degree felony OVI 971
offense or for a third degree felony OVI offense, the court shall 972
impose upon the offender a mandatory term of local incarceration 973
or a mandatory prison term in accordance with the following: 974

       (1) If the offender is being sentenced for a fourth degree 975
felony OVI offense and if the offender has not been convicted of 976
and has not pleaded guilty to a specification of the type 977
described in section 2941.1413 of the Revised Code, the court may 978
impose upon the offender a mandatory term of local incarceration 979
of sixty days or one hundred twenty days as specified in division 980
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall 981
not reduce the term pursuant to section 2929.20, 2967.193, or any 982
other provision of the Revised Code. The court that imposes a 983
mandatory term of local incarceration under this division shall 984
specify whether the term is to be served in a jail, a 985
community-based correctional facility, a halfway house, or an 986
alternative residential facility, and the offender shall serve the 987
term in the type of facility specified by the court. A mandatory 988
term of local incarceration imposed under division (G)(1) of this 989
section is not subject to extension under section 2967.11 of the 990
Revised Code, to a period of post-release control under section 991
2967.28 of the Revised Code, or to any other Revised Code 992
provision that pertains to a prison term except as provided in 993
division (A)(1) of this section. 994

       (2) If the offender is being sentenced for a third degree 995
felony OVI offense, or if the offender is being sentenced for a 996
fourth degree felony OVI offense and the court does not impose a 997
mandatory term of local incarceration under division (G)(1) of 998
this section, the court shall impose upon the offender a mandatory 999
prison term of one, two, three, four, or five years if the 1000
offender also is convicted of or also pleads guilty to a 1001
specification of the type described in section 2941.1413 of the 1002
Revised Code or shall impose upon the offender a mandatory prison 1003
term of sixty days or one hundred twenty days as specified in 1004
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 1005
if the offender has not been convicted of and has not pleaded 1006
guilty to a specification of that type. The court shall not reduce 1007
the term pursuant to section 2929.20, 2967.193, or any other 1008
provision of the Revised Code. The offender shall serve the one-, 1009
two-, three-, four-, or five-year mandatory prison term 1010
consecutively to and prior to the prison term imposed for the 1011
underlying offense and consecutively to any other mandatory prison 1012
term imposed in relation to the offense. In no case shall an 1013
offender who once has been sentenced to a mandatory term of local 1014
incarceration pursuant to division (G)(1) of this section for a 1015
fourth degree felony OVI offense be sentenced to another mandatory 1016
term of local incarceration under that division for any violation 1017
of division (A) of section 4511.19 of the Revised Code. In 1018
addition to the mandatory prison term described in division (G)(2) 1019
of this section, the court may sentence the offender to a 1020
community control sanction under section 2929.16 or 2929.17 of the 1021
Revised Code, but the offender shall serve the prison term prior 1022
to serving the community control sanction. The department of 1023
rehabilitation and correction may place an offender sentenced to a 1024
mandatory prison term under this division in an intensive program 1025
prison established pursuant to section 5120.033 of the Revised 1026
Code if the department gave the sentencing judge prior notice of 1027
its intent to place the offender in an intensive program prison 1028
established under that section and if the judge did not notify the 1029
department that the judge disapproved the placement. Upon the 1030
establishment of the initial intensive program prison pursuant to 1031
section 5120.033 of the Revised Code that is privately operated 1032
and managed by a contractor pursuant to a contract entered into 1033
under section 9.06 of the Revised Code, both of the following 1034
apply: 1035

       (a) The department of rehabilitation and correction shall 1036
make a reasonable effort to ensure that a sufficient number of 1037
offenders sentenced to a mandatory prison term under this division 1038
are placed in the privately operated and managed prison so that 1039
the privately operated and managed prison has full occupancy. 1040

       (b) Unless the privately operated and managed prison has full 1041
occupancy, the department of rehabilitation and correction shall 1042
not place any offender sentenced to a mandatory prison term under 1043
this division in any intensive program prison established pursuant 1044
to section 5120.033 of the Revised Code other than the privately 1045
operated and managed prison. 1046

       (H) If an offender is being sentenced for a sexually oriented 1047
offense committed on or after January 1, 1997, the judge shall 1048
require the offender to submit to a DNA specimen collection 1049
procedure pursuant to section 2901.07 of the Revised Code if 1050
either of the following applies: 1051

       (1) The offense was a ~~sexually~~ violent sex offense,or a 1052
designated homicide, assault, or kidnapping offense and, in 1053
relation to that offense, the offender ~~also~~ was ~~convicted of or~~ 1054
~~pleaded guilty to~~adjudicated a sexually violent predator 1055
~~specification that was included in the indictment, count in the~~ 1056
~~indictment, or information charging the sexually violent offense~~. 1057

       (2) The judge imposing sentence for the sexually oriented 1058
offense determines pursuant to division (B) of section 2950.09 of 1059
the Revised Code that the offender is a sexual predator. 1060

       (I) If an offender is being sentenced for a sexually oriented 1061
offense that is not a registration-exempt sexually oriented 1062
offense or for a child-victim oriented offense committed on or 1063
after January 1, 1997, the judge shall include in the sentence a 1064
summary of the offender's duties imposed under sections 2950.04, 1065
2950.041, 2950.05, and 2950.06 of the Revised Code and the 1066
duration of the duties. The judge shall inform the offender, at 1067
the time of sentencing, of those duties and of their duration and, 1068
if required under division (A)(2) of section 2950.03 of the 1069
Revised Code, shall perform the duties specified in that section. 1070

       (J)(1) Except as provided in division (J)(2) of this section, 1071
when considering sentencing factors under this section in relation 1072
to an offender who is convicted of or pleads guilty to an attempt 1073
to commit an offense in violation of section 2923.02 of the 1074
Revised Code, the sentencing court shall consider the factors 1075
applicable to the felony category of the violation of section 1076
2923.02 of the Revised Code instead of the factors applicable to 1077
the felony category of the offense attempted. 1078

       (2) When considering sentencing factors under this section in 1079
relation to an offender who is convicted of or pleads guilty to an 1080
attempt to commit a drug abuse offense for which the penalty is 1081
determined by the amount or number of unit doses of the controlled 1082
substance involved in the drug abuse offense, the sentencing court 1083
shall consider the factors applicable to the felony category that 1084
the drug abuse offense attempted would be if that drug abuse 1085
offense had been committed and had involved an amount or number of 1086
unit doses of the controlled substance that is within the next 1087
lower range of controlled substance amounts than was involved in 1088
the attempt. 1089

       (K) As used in this section, "drug abuse offense" has the 1090
same meaning as in section 2925.01 of the Revised Code. 1091

       Sec. 2929.14. (A) Except as provided in division (C), 1092
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this 1093
section and except in relation to an offense for which a sentence 1094
of death or life imprisonment is to be imposed, if the court 1095
imposing a sentence upon an offender for a felony elects or is 1096
required to impose a prison term on the offender pursuant to this 1097
chapter, the court shall impose a definite prison term that shall 1098
be one of the following: 1099

       (1) For a felony of the first degree, the prison term shall 1100
be three, four, five, six, seven, eight, nine, or ten years. 1101

       (2) For a felony of the second degree, the prison term shall 1102
be two, three, four, five, six, seven, or eight years. 1103

       (3) For a felony of the third degree, the prison term shall 1104
be one, two, three, four, or five years. 1105

       (4) For a felony of the fourth degree, the prison term shall 1106
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 1107
fourteen, fifteen, sixteen, seventeen, or eighteen months. 1108

       (5) For a felony of the fifth degree, the prison term shall 1109
be six, seven, eight, nine, ten, eleven, or twelve months. 1110

       (B) Except as provided in division (C), (D)(1), (D)(2), 1111
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 1112
of the Revised Code, or in Chapter 2925. of the Revised Code, if 1113
the court imposing a sentence upon an offender for a felony elects 1114
or is required to impose a prison term on the offender, the court 1115
shall impose the shortest prison term authorized for the offense 1116
pursuant to division (A) of this section, unless one or more of 1117
the following applies: 1118

       (1) The offender was serving a prison term at the time of the 1119
offense, or the offender previously had served a prison term. 1120

       (2) The court finds on the record that the shortest prison 1121
term will demean the seriousness of the offender's conduct or will 1122
not adequately protect the public from future crime by the 1123
offender or others. 1124

       (C) Except as provided in division (G) of this section or in 1125
Chapter 2925. of the Revised Code, the court imposing a sentence 1126
upon an offender for a felony may impose the longest prison term 1127
authorized for the offense pursuant to division (A) of this 1128
section only upon offenders who committed the worst forms of the 1129
offense, upon offenders who pose the greatest likelihood of 1130
committing future crimes, upon certain major drug offenders under 1131
division (D)(3) of this section, and upon certain repeat violent 1132
offenders in accordance with division (D)(2) of this section. 1133

       (D)(1)(a) Except as provided in division (D)(1)(e) of this 1134
section, if an offender who is convicted of or pleads guilty to a 1135
felony also is convicted of or pleads guilty to a specification of 1136
the type described in section 2941.141, 2941.144, or 2941.145 of 1137
the Revised Code, the court shall impose on the offender one of 1138
the following prison terms: 1139

       (i) A prison term of six years if the specification is of the 1140
type described in section 2941.144 of the Revised Code that 1141
charges the offender with having a firearm that is an automatic 1142
firearm or that was equipped with a firearm muffler or silencer on 1143
or about the offender's person or under the offender's control 1144
while committing the felony; 1145

       (ii) A prison term of three years if the specification is of 1146
the type described in section 2941.145 of the Revised Code that 1147
charges the offender with having a firearm on or about the 1148
offender's person or under the offender's control while committing 1149
the offense and displaying the firearm, brandishing the firearm, 1150
indicating that the offender possessed the firearm, or using it to 1151
facilitate the offense; 1152

       (iii) A prison term of one year if the specification is of 1153
the type described in section 2941.141 of the Revised Code that 1154
charges the offender with having a firearm on or about the 1155
offender's person or under the offender's control while committing 1156
the felony. 1157

       (b) If a court imposes a prison term on an offender under 1158
division (D)(1)(a) of this section, the prison term shall not be 1159
reduced pursuant to section 2929.20, section 2967.193, or any 1160
other provision of Chapter 2967. or Chapter 5120. of the Revised 1161
Code. A court shall not impose more than one prison term on an 1162
offender under division (D)(1)(a) of this section for felonies 1163
committed as part of the same act or transaction. 1164

       (c) Except as provided in division (D)(1)(e) of this section, 1165
if an offender who is convicted of or pleads guilty to a violation 1166
of section 2923.161 of the Revised Code or to a felony that 1167
includes, as an essential element, purposely or knowingly causing 1168
or attempting to cause the death of or physical harm to another, 1169
also is convicted of or pleads guilty to a specification of the 1170
type described in section 2941.146 of the Revised Code that 1171
charges the offender with committing the offense by discharging a 1172
firearm from a motor vehicle other than a manufactured home, the 1173
court, after imposing a prison term on the offender for the 1174
violation of section 2923.161 of the Revised Code or for the other 1175
felony offense under division (A), (D)(2), or (D)(3) of this 1176
section, shall impose an additional prison term of five years upon 1177
the offender that shall not be reduced pursuant to section 1178
2929.20, section 2967.193, or any other provision of Chapter 2967. 1179
or Chapter 5120. of the Revised Code. A court shall not impose 1180
more than one additional prison term on an offender under division 1181
(D)(1)(c) of this section for felonies committed as part of the 1182
same act or transaction. If a court imposes an additional prison 1183
term on an offender under division (D)(1)(c) of this section 1184
relative to an offense, the court also shall impose a prison term 1185
under division (D)(1)(a) of this section relative to the same 1186
offense, provided the criteria specified in that division for 1187
imposing an additional prison term are satisfied relative to the 1188
offender and the offense. 1189

       (d) If an offender who is convicted of or pleads guilty to an 1190
offense of violence that is a felony also is convicted of or 1191
pleads guilty to a specification of the type described in section 1192
2941.1411 of the Revised Code that charges the offender with 1193
wearing or carrying body armor while committing the felony offense 1194
of violence, the court shall impose on the offender a prison term 1195
of two years. The prison term so imposed shall not be reduced 1196
pursuant to section 2929.20, section 2967.193, or any other 1197
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 1198
court shall not impose more than one prison term on an offender 1199
under division (D)(1)(d) of this section for felonies committed as 1200
part of the same act or transaction. If a court imposes an 1201
additional prison term under division (D)(1)(a) or (c) of this 1202
section, the court is not precluded from imposing an additional 1203
prison term under division (D)(1)(d) of this section. 1204

       (e) The court shall not impose any of the prison terms 1205
described in division (D)(1)(a) of this section or any of the 1206
additional prison terms described in division (D)(1)(c) of this 1207
section upon an offender for a violation of section 2923.12 or 1208
2923.123 of the Revised Code. The court shall not impose any of 1209
the prison terms described in division (D)(1)(a) of this section 1210
or any of the additional prison terms described in division 1211
(D)(1)(c) of this section upon an offender for a violation of 1212
section 2923.13 of the Revised Code unless all of the following 1213
apply: 1214

       (i) The offender previously has been convicted of aggravated 1215
murder, murder, or any felony of the first or second degree. 1216

       (ii) Less than five years have passed since the offender was 1217
released from prison or post-release control, whichever is later, 1218
for the prior offense. 1219

        (f) If an offender is convicted of or pleads guilty to a 1220
felony that includes, as an essential element, causing or 1221
attempting to cause the death of or physical harm to another and 1222
also is convicted of or pleads guilty to a specification of the 1223
type described in section 2941.1412 of the Revised Code that 1224
charges the offender with committing the offense by discharging a 1225
firearm at a peace officer as defined in section 2935.01 of the 1226
Revised Code or a corrections officer as defined in section 1227
2941.1412 of the Revised Code, the court, after imposing a prison 1228
term on the offender for the felony offense under division (A), 1229
(D)(2), or (D)(3) of this section, shall impose an additional 1230
prison term of seven years upon the offender that shall not be 1231
reduced pursuant to section 2929.20, section 2967.193, or any 1232
other provision of Chapter 2967. or Chapter 5120. of the Revised 1233
Code. A court shall not impose more than one additional prison 1234
term on an offender under division (D)(1)(f) of this section for 1235
felonies committed as part of the same act or transaction. If a 1236
court imposes an additional prison term on an offender under 1237
division (D)(1)(f) of this section relative to an offense, the 1238
court shall not impose a prison term under division (D)(1)(a) or 1239
(c) of this section relative to the same offense. 1240

       (2)(a) If an offender who is convicted of or pleads guilty to 1241
a felony also is convicted of or pleads guilty to a specification 1242
of the type described in section 2941.149 of the Revised Code that 1243
the offender is a repeat violent offender, the court shall impose 1244
a prison term from the range of terms authorized for the offense 1245
under division (A) of this section that may be the longest term in 1246
the range and that shall not be reduced pursuant to section 1247
2929.20, section 2967.193, or any other provision of Chapter 2967. 1248
or Chapter 5120. of the Revised Code. If the court finds that the 1249
repeat violent offender, in committing the offense, caused any 1250
physical harm that carried a substantial risk of death to a person 1251
or that involved substantial permanent incapacity or substantial 1252
permanent disfigurement of a person, the court shall impose the 1253
longest prison term from the range of terms authorized for the 1254
offense under division (A) of this section. 1255

       (b) If the court imposing a prison term on a repeat violent 1256
offender imposes the longest prison term from the range of terms 1257
authorized for the offense under division (A) of this section, the 1258
court may impose on the offender an additional definite prison 1259
term of one, two, three, four, five, six, seven, eight, nine, or 1260
ten years if the court finds that both of the following apply with 1261
respect to the prison terms imposed on the offender pursuant to 1262
division (D)(2)(a) of this section and, if applicable, divisions 1263
(D)(1) and (3) of this section: 1264

       (i) The terms so imposed are inadequate to punish the 1265
offender and protect the public from future crime, because the 1266
applicable factors under section 2929.12 of the Revised Code 1267
indicating a greater likelihood of recidivism outweigh the 1268
applicable factors under that section indicating a lesser 1269
likelihood of recidivism. 1270

       (ii) The terms so imposed are demeaning to the seriousness of 1271
the offense, because one or more of the factors under section 1272
2929.12 of the Revised Code indicating that the offender's conduct 1273
is more serious than conduct normally constituting the offense are 1274
present, and they outweigh the applicable factors under that 1275
section indicating that the offender's conduct is less serious 1276
than conduct normally constituting the offense. 1277

       (3)(a) Except when an offender commits a violation of section 1278
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1279
the violation is life imprisonment or commits a violation of 1280
section 2903.02 of the Revised Code, if the offender commits a 1281
violation of section 2925.03 or 2925.11 of the Revised Code and 1282
that section classifies the offender as a major drug offender and 1283
requires the imposition of a ten-year prison term on the offender, 1284
if the offender commits a felony violation of section 2925.02, 1285
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1286
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1287
division (C) of section 4729.51, or division (J) of section 1288
4729.54 of the Revised Code that includes the sale, offer to sell, 1289
or possession of a schedule I or II controlled substance, with the 1290
exception of marihuana, and the court imposing sentence upon the 1291
offender finds that the offender is guilty of a specification of 1292
the type described in section 2941.1410 of the Revised Code 1293
charging that the offender is a major drug offender, if the court 1294
imposing sentence upon an offender for a felony finds that the 1295
offender is guilty of corrupt activity with the most serious 1296
offense in the pattern of corrupt activity being a felony of the 1297
first degree, or if the offender is guilty of an attempted 1298
violation of section 2907.02 of the Revised Code and, had the 1299
offender completed the violation of section 2907.02 of the Revised 1300
Code that was attempted, the offender would have been subject to a 1301
sentence of life imprisonment or life imprisonment without parole 1302
for the violation of section 2907.02 of the Revised Code, the 1303
court shall impose upon the offender for the felony violation a 1304
ten-year prison term that cannot be reduced pursuant to section 1305
2929.20 or Chapter 2967. or 5120. of the Revised Code. 1306

       (b) The court imposing a prison term on an offender under 1307
division (D)(3)(a) of this section may impose an additional prison 1308
term of one, two, three, four, five, six, seven, eight, nine, or 1309
ten years, if the court, with respect to the term imposed under 1310
division (D)(3)(a) of this section and, if applicable, divisions 1311
(D)(1) and (2) of this section, makes both of the findings set 1312
forth in divisions (D)(2)(b)(i) and (ii) of this section. 1313

       (4) If the offender is being sentenced for a third or fourth 1314
degree felony OVI offense under division (G)(2) of section 2929.13 1315
of the Revised Code, the sentencing court shall impose upon the 1316
offender a mandatory prison term in accordance with that division. 1317
In addition to the mandatory prison term, if the offender is being 1318
sentenced for a fourth degree felony OVI offense, the court, 1319
notwithstanding division (A)(4) of this section, may sentence the 1320
offender to a definite prison term of not less than six months and 1321
not more than thirty months, and if the offender is being 1322
sentenced for a third degree felony OVI offense, the sentencing 1323
court may sentence the offender to an additional prison term of 1324
any duration specified in division (A)(3) of this section. In 1325
either case, the additional prison term imposed shall be reduced 1326
by the sixty or one hundred twenty days imposed upon the offender 1327
as the mandatory prison term. The total of the additional prison 1328
term imposed under division (D)(4) of this section plus the sixty 1329
or one hundred twenty days imposed as the mandatory prison term 1330
shall equal a definite term in the range of six months to thirty 1331
months for a fourth degree felony OVI offense and shall equal one 1332
of the authorized prison terms specified in division (A)(3) of 1333
this section for a third degree felony OVI offense. If the court 1334
imposes an additional prison term under division (D)(4) of this 1335
section, the offender shall serve the additional prison term after 1336
the offender has served the mandatory prison term required for the 1337
offense. In addition to the mandatory prison term or mandatory and 1338
additional prison term imposed as described in division (D)(4) of 1339
this section, the court also may sentence the offender to a 1340
community control sanction under section 2929.16 or 2929.17 of the 1341
Revised Code, but the offender shall serve all of the prison terms 1342
so imposed prior to serving the community control sanction. 1343

        If the offender is being sentenced for a fourth degree felony 1344
OVI offense under division (G)(1) of section 2929.13 of the 1345
Revised Code and the court imposes a mandatory term of local 1346
incarceration, the court may impose a prison term as described in 1347
division (A)(1) of that section. 1348

       (5) If an offender is convicted of or pleads guilty to a 1349
violation of division (A)(1) or (2) of section 2903.06 of the 1350
Revised Code and also is convicted of or pleads guilty to a 1351
specification of the type described in section 2941.1414 of the 1352
Revised Code that charges that the victim of the offense is a 1353
peace officer, as defined in section 2935.01 of the Revised Code, 1354
the court shall impose on the offender a prison term of five 1355
years. If a court imposes a prison term on an offender under 1356
division (D)(5) of this section, the prison term shall not be 1357
reduced pursuant to section 2929.20, section 2967.193, or any 1358
other provision of Chapter 2967. or Chapter 5120. of the Revised 1359
Code. A court shall not impose more than one prison term on an 1360
offender under division (D)(5) of this section for felonies 1361
committed as part of the same act. 1362

        (6) If an offender is convicted of or pleads guilty to a 1363
violation of division (A)(1) or (2) of section 2903.06 of the 1364
Revised Code and also is convicted of or pleads guilty to a 1365
specification of the type described in section 2941.1415 of the 1366
Revised Code that charges that the offender previously has been 1367
convicted of or pleaded guilty to three or more violations of 1368
division (A) or (B) of section 4511.19 of the Revised Code or an 1369
equivalent offense, as defined in section 2941.1415 of the Revised 1370
Code, or three or more violations of any combination of those 1371
divisions and offenses, the court shall impose on the offender a 1372
prison term of three years. If a court imposes a prison term on an 1373
offender under division (D)(6) of this section, the prison term 1374
shall not be reduced pursuant to section 2929.20, section 1375
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 1376
of the Revised Code. A court shall not impose more than one prison 1377
term on an offender under division (D)(6) of this section for 1378
felonies committed as part of the same act. 1379

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 1380
mandatory prison term is imposed upon an offender pursuant to 1381
division (D)(1)(a) of this section for having a firearm on or 1382
about the offender's person or under the offender's control while 1383
committing a felony, if a mandatory prison term is imposed upon an 1384
offender pursuant to division (D)(1)(c) of this section for 1385
committing a felony specified in that division by discharging a 1386
firearm from a motor vehicle, or if both types of mandatory prison 1387
terms are imposed, the offender shall serve any mandatory prison 1388
term imposed under either division consecutively to any other 1389
mandatory prison term imposed under either division or under 1390
division (D)(1)(d) of this section, consecutively to and prior to 1391
any prison term imposed for the underlying felony pursuant to 1392
division (A), (D)(2), or (D)(3) of this section or any other 1393
section of the Revised Code, and consecutively to any other prison 1394
term or mandatory prison term previously or subsequently imposed 1395
upon the offender. 1396

       (b) If a mandatory prison term is imposed upon an offender 1397
pursuant to division (D)(1)(d) of this section for wearing or 1398
carrying body armor while committing an offense of violence that 1399
is a felony, the offender shall serve the mandatory term so 1400
imposed consecutively to any other mandatory prison term imposed 1401
under that division or under division (D)(1)(a) or (c) of this 1402
section, consecutively to and prior to any prison term imposed for 1403
the underlying felony under division (A), (D)(2), or (D)(3) of 1404
this section or any other section of the Revised Code, and 1405
consecutively to any other prison term or mandatory prison term 1406
previously or subsequently imposed upon the offender. 1407

       (c) If a mandatory prison term is imposed upon an offender 1408
pursuant to division (D)(1)(f) of this section, the offender shall 1409
serve the mandatory prison term so imposed consecutively to and 1410
prior to any prison term imposed for the underlying felony under 1411
division (A), (D)(2), or (D)(3) of this section or any other 1412
section of the Revised Code, and consecutively to any other prison 1413
term or mandatory prison term previously or subsequently imposed 1414
upon the offender. 1415

       (2) If an offender who is an inmate in a jail, prison, or 1416
other residential detention facility violates section 2917.02, 1417
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1418
who is under detention at a detention facility commits a felony 1419
violation of section 2923.131 of the Revised Code, or if an 1420
offender who is an inmate in a jail, prison, or other residential 1421
detention facility or is under detention at a detention facility 1422
commits another felony while the offender is an escapee in 1423
violation of section 2921.34 of the Revised Code, any prison term 1424
imposed upon the offender for one of those violations shall be 1425
served by the offender consecutively to the prison term or term of 1426
imprisonment the offender was serving when the offender committed 1427
that offense and to any other prison term previously or 1428
subsequently imposed upon the offender. 1429

       (3) If a prison term is imposed for a violation of division 1430
(B) of section 2911.01 of the Revised Code, a violation of 1431
division (A) of section 2913.02 of the Revised Code in which the 1432
stolen property is a firearm or dangerous ordnance, or a felony 1433
violation of division (B) of section 2921.331 of the Revised Code, 1434
the offender shall serve that prison term consecutively to any 1435
other prison term or mandatory prison term previously or 1436
subsequently imposed upon the offender. 1437

       (4) If multiple prison terms are imposed on an offender for 1438
convictions of multiple offenses, the court may require the 1439
offender to serve the prison terms consecutively if the court 1440
finds that the consecutive service is necessary to protect the 1441
public from future crime or to punish the offender and that 1442
consecutive sentences are not disproportionate to the seriousness 1443
of the offender's conduct and to the danger the offender poses to 1444
the public, and if the court also finds any of the following: 1445

       (a) The offender committed one or more of the multiple 1446
offenses while the offender was awaiting trial or sentencing, was 1447
under a sanction imposed pursuant to section 2929.16, 2929.17, or 1448
2929.18 of the Revised Code, or was under post-release control for 1449
a prior offense. 1450

       (b) At least two of the multiple offenses were committed as 1451
part of one or more courses of conduct, and the harm caused by two 1452
or more of the multiple offenses so committed was so great or 1453
unusual that no single prison term for any of the offenses 1454
committed as part of any of the courses of conduct adequately 1455
reflects the seriousness of the offender's conduct. 1456

       (c) The offender's history of criminal conduct demonstrates 1457
that consecutive sentences are necessary to protect the public 1458
from future crime by the offender. 1459

       (5) If a mandatory prison term is imposed upon an offender 1460
pursuant to division (D)(5) or (6) of this section, the offender 1461
shall serve the mandatory prison term consecutively to and prior 1462
to any prison term imposed for the underlying violation of 1463
division (A)(1) or (2) of section 2903.06 of the Revised Code 1464
pursuant to division (A) of this section. If a mandatory prison 1465
term is imposed upon an offender pursuant to division (D)(5) of 1466
this section, and if a mandatory prison term also is imposed upon 1467
the offender pursuant to division (D)(6) of this section in 1468
relation to the same violation, the offender shall serve the 1469
mandatory prison term imposed pursuant to division (D)(5) of this 1470
section consecutively to and prior to the mandatory prison term 1471
imposed pursuant to division (D)(6) of this section and 1472
consecutively to and prior to any prison term imposed for the 1473
underlying violation of division (A)(1) or (2) of section 2903.06 1474
of the Revised Code pursuant to division (A) of this section. 1475

       (6) When consecutive prison terms are imposed pursuant to 1476
division (E)(1), (2), (3), (4), or (5) of this section, the term 1477
to be served is the aggregate of all of the terms so imposed. 1478

       (F) If a court imposes a prison term of a type described in 1479
division (B) of section 2967.28 of the Revised Code, it shall 1480
include in the sentence a requirement that the offender be subject 1481
to a period of post-release control after the offender's release 1482
from imprisonment, in accordance with that division. If a court 1483
imposes a prison term of a type described in division (C) of that 1484
section, it shall include in the sentence a requirement that the 1485
offender be subject to a period of post-release control after the 1486
offender's release from imprisonment, in accordance with that 1487
division, if the parole board determines that a period of 1488
post-release control is necessary. 1489

       (G) If a person is convicted of or pleads guilty to a 1490
~~sexually~~ violent sex offense or a designated homicide, assault, or 1491
kidnapping offense and ~~also is convicted of or pleads guilty to~~, 1492
in relation to that offense, the offender is adjudicated a 1493
sexually violent predator ~~specification that was included in the~~ 1494
~~indictment, count in the indictment, or information charging that~~ 1495
~~offense~~, the court shall impose sentence upon the offender in 1496
accordance with section 2971.03 of the Revised Code, and Chapter 1497
2971. of the Revised Code applies regarding the prison term or 1498
term of life imprisonment without parole imposed upon the offender 1499
and the service of that term of imprisonment. 1500

       (H) If a person who has been convicted of or pleaded guilty 1501
to a felony is sentenced to a prison term or term of imprisonment 1502
under this section, sections 2929.02 to 2929.06 of the Revised 1503
Code, section 2971.03 of the Revised Code, or any other provision 1504
of law, section 5120.163 of the Revised Code applies regarding the 1505
person while the person is confined in a state correctional 1506
institution. 1507

       (I) If an offender who is convicted of or pleads guilty to a 1508
felony that is an offense of violence also is convicted of or 1509
pleads guilty to a specification of the type described in section 1510
2941.142 of the Revised Code that charges the offender with having 1511
committed the felony while participating in a criminal gang, the 1512
court shall impose upon the offender an additional prison term of 1513
one, two, or three years. 1514

       (J) If an offender who is convicted of or pleads guilty to 1515
aggravated murder, murder, or a felony of the first, second, or 1516
third degree that is an offense of violence also is convicted of 1517
or pleads guilty to a specification of the type described in 1518
section 2941.143 of the Revised Code that charges the offender 1519
with having committed the offense in a school safety zone or 1520
towards a person in a school safety zone, the court shall impose 1521
upon the offender an additional prison term of two years. The 1522
offender shall serve the additional two years consecutively to and 1523
prior to the prison term imposed for the underlying offense. 1524

       (K) At the time of sentencing, the court may recommend the 1525
offender for placement in a program of shock incarceration under 1526
section 5120.031 of the Revised Code or for placement in an 1527
intensive program prison under section 5120.032 of the Revised 1528
Code, disapprove placement of the offender in a program of shock 1529
incarceration or an intensive program prison of that nature, or 1530
make no recommendation on placement of the offender. In no case 1531
shall the department of rehabilitation and correction place the 1532
offender in a program or prison of that nature unless the 1533
department determines as specified in section 5120.031 or 5120.032 1534
of the Revised Code, whichever is applicable, that the offender is 1535
eligible for the placement. 1536

       If the court disapproves placement of the offender in a 1537
program or prison of that nature, the department of rehabilitation 1538
and correction shall not place the offender in any program of 1539
shock incarceration or intensive program prison. 1540

       If the court recommends placement of the offender in a 1541
program of shock incarceration or in an intensive program prison, 1542
and if the offender is subsequently placed in the recommended 1543
program or prison, the department shall notify the court of the 1544
placement and shall include with the notice a brief description of 1545
the placement. 1546

       If the court recommends placement of the offender in a 1547
program of shock incarceration or in an intensive program prison 1548
and the department does not subsequently place the offender in the 1549
recommended program or prison, the department shall send a notice 1550
to the court indicating why the offender was not placed in the 1551
recommended program or prison. 1552

       If the court does not make a recommendation under this 1553
division with respect to an offender and if the department 1554
determines as specified in section 5120.031 or 5120.032 of the 1555
Revised Code, whichever is applicable, that the offender is 1556
eligible for placement in a program or prison of that nature, the 1557
department shall screen the offender and determine if there is an 1558
available program of shock incarceration or an intensive program 1559
prison for which the offender is suited. If there is an available 1560
program of shock incarceration or an intensive program prison for 1561
which the offender is suited, the department shall notify the 1562
court of the proposed placement of the offender as specified in 1563
section 5120.031 or 5120.032 of the Revised Code and shall include 1564
with the notice a brief description of the placement. The court 1565
shall have ten days from receipt of the notice to disapprove the 1566
placement. 1567

       Sec. 2929.19. (A)(1) The court shall hold a sentencing 1568
hearing before imposing a sentence under this chapter upon an 1569
offender who was convicted of or pleaded guilty to a felony and 1570
before resentencing an offender who was convicted of or pleaded 1571
guilty to a felony and whose case was remanded pursuant to section 1572
2953.07 or 2953.08 of the Revised Code. At the hearing, the 1573
offender, the prosecuting attorney, the victim or the victim's 1574
representative in accordance with section 2930.14 of the Revised 1575
Code, and, with the approval of the court, any other person may 1576
present information relevant to the imposition of sentence in the 1577
case. The court shall inform the offender of the verdict of the 1578
jury or finding of the court and ask the offender whether the 1579
offender has anything to say as to why sentence should not be 1580
imposed upon the offender. 1581

       (2) Except as otherwise provided in this division, before 1582
imposing sentence on an offender who is being sentenced on or 1583
after January 1, 1997, for a sexually oriented offense ~~that was~~ 1584
~~committed on or after January 1, 1997,~~ that is not a 1585
registration-exempt sexually oriented offense~~, and that is not a~~ 1586
~~sexually violent offense, and before imposing sentence on an~~ 1587
~~offender who is being sentenced for a sexually violent offense~~ 1588
~~committed on or after January 1, 1997, and who was not charged~~ 1589
~~with a sexually violent predator specification in the indictment,~~ 1590
~~count in the indictment, or information charging the sexually~~ 1591
~~violent offense, and before imposing sentence on or after May 7,~~ 1592
~~2002, on an offender who is being sentenced for a sexually~~ 1593
~~oriented offense that is not a registration-exempt sexually~~ 1594
~~oriented offense and who was acquitted of a sexually violent~~ 1595
~~predator specification included in the indictment, count in the~~ 1596
~~indictment, or information charging the sexually oriented offense~~ 1597
and who is in any category of offender described in division 1598
(B)(1)(a)(i), (ii), or (iii) of section 2950.09 of the Revised 1599
Code, the court shall conduct a hearing in accordance with 1600
division (B) of section 2950.09 of the Revised Code to determine 1601
whether the offender is a sexual predator. The court shall not 1602
conduct a hearing under that division if the offender is being 1603
sentenced for a ~~sexually~~ violent sex offense~~, if a sexually~~ 1604
~~violent predator specification was included in the indictment,~~ 1605
~~count in the indictment, or information charging the sexually~~ 1606
~~violent offense, and if~~or a designated homicide, assault, or 1607
kidnapping offense and, in relation to that offense, the offender 1608
was ~~convicted of or pleaded guilty to that~~adjudicated a sexually 1609
violent predator ~~specification~~. Before imposing sentence on an 1610
offender who is being sentenced for a sexually oriented offense 1611
that is not a registration-exempt sexually oriented offense, the 1612
court also shall comply with division (E) of section 2950.09 of 1613
the Revised Code. 1614

       Before imposing sentence on or after July 31, 2003, on an 1615
offender who is being sentenced for a child-victim oriented 1616
offense, regardless of when the offense was committed, the court 1617
shall conduct a hearing in accordance with division (B) of section 1618
2950.091 of the Revised Code to determine whether the offender is 1619
a child-victim predator. Before imposing sentence on an offender 1620
who is being sentenced for a child-victim oriented offense, the 1621
court also shall comply with division (E) of section 2950.091 of 1622
the Revised Code. 1623

       (B)(1) At the sentencing hearing, the court, before imposing 1624
sentence, shall consider the record, any information presented at 1625
the hearing by any person pursuant to division (A) of this 1626
section, and, if one was prepared, the presentence investigation 1627
report made pursuant to section 2951.03 of the Revised Code or 1628
Criminal Rule 32.2, and any victim impact statement made pursuant 1629
to section 2947.051 of the Revised Code. 1630

       (2) The court shall impose a sentence and shall make a 1631
finding that gives its reasons for selecting the sentence imposed 1632
in any of the following circumstances: 1633

       (a) Unless the offense is a ~~sexually~~ violent sex offense or 1634
designated homicide, assault, or kidnapping offense for which the 1635
court is required to impose sentence pursuant to division (G) of 1636
section 2929.14 of the Revised Code, if it imposes a prison term 1637
for a felony of the fourth or fifth degree or for a felony drug 1638
offense that is a violation of a provision of Chapter 2925. of the 1639
Revised Code and that is specified as being subject to division 1640
(B) of section 2929.13 of the Revised Code for purposes of 1641
sentencing, its reasons for imposing the prison term, based upon 1642
the overriding purposes and principles of felony sentencing set 1643
forth in section 2929.11 of the Revised Code, and any factors 1644
listed in divisions (B)(1)(a) to (i) of section 2929.13 of the 1645
Revised Code that it found to apply relative to the offender. 1646

       (b) If it does not impose a prison term for a felony of the 1647
first or second degree or for a felony drug offense that is a 1648
violation of a provision of Chapter 2925. of the Revised Code and 1649
for which a presumption in favor of a prison term is specified as 1650
being applicable, its reasons for not imposing the prison term and 1651
for overriding the presumption, based upon the overriding purposes 1652
and principles of felony sentencing set forth in section 2929.11 1653
of the Revised Code, and the basis of the findings it made under 1654
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. 1655

       (c) If it imposes consecutive sentences under section 2929.14 1656
of the Revised Code, its reasons for imposing the consecutive 1657
sentences; 1658

       (d) If the sentence is for one offense and it imposes a 1659
prison term for the offense that is the maximum prison term 1660
allowed for that offense by division (A) of section 2929.14 of the 1661
Revised Code, its reasons for imposing the maximum prison term; 1662

       (e) If the sentence is for two or more offenses arising out 1663
of a single incident and it imposes a prison term for those 1664
offenses that is the maximum prison term allowed for the offense 1665
of the highest degree by division (A) of section 2929.14 of the 1666
Revised Code, its reasons for imposing the maximum prison term. 1667

       (3) Subject to division (B)(4) of this section, if the 1668
sentencing court determines at the sentencing hearing that a 1669
prison term is necessary or required, the court shall do all of 1670
the following: 1671

       (a) Impose a stated prison term; 1672

       (b) Notify the offender that, as part of the sentence, the 1673
parole board may extend the stated prison term for certain 1674
violations of prison rules for up to one-half of the stated prison 1675
term; 1676

       (c) Notify the offender that the offender will be supervised 1677
under section 2967.28 of the Revised Code after the offender 1678
leaves prison if the offender is being sentenced for a felony of 1679
the first degree or second degree, for a felony sex offense, or 1680
for a felony of the third degree in the commission of which the 1681
offender caused or threatened to cause physical harm to a person; 1682

       (d) Notify the offender that the offender may be supervised 1683
under section 2967.28 of the Revised Code after the offender 1684
leaves prison if the offender is being sentenced for a felony of 1685
the third, fourth, or fifth degree that is not subject to division 1686
(B)(3)(c) of this section; 1687

       (e) Notify the offender that, if a period of supervision is 1688
imposed following the offender's release from prison, as described 1689
in division (B)(3)(c) or (d) of this section, and if the offender 1690
violates that supervision or a condition of post-release control 1691
imposed under division (B) of section 2967.131 of the Revised 1692
Code, the parole board may impose a prison term, as part of the 1693
sentence, of up to one-half of the stated prison term originally 1694
imposed upon the offender; 1695

       (f) Require that the offender not ingest or be injected with 1696
a drug of abuse and submit to random drug testing as provided in 1697
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever 1698
is applicable to the offender who is serving a prison term, and 1699
require that the results of the drug test administered under any 1700
of those sections indicate that the offender did not ingest or was 1701
not injected with a drug of abuse. 1702

       (4) If the offender is being sentenced for a ~~sexually~~ violent 1703
sex offense or designated homicide, assault, or kidnapping offense 1704
that the offender committed on or after January 1, 1997, and the 1705
offender ~~also~~ is ~~convicted of or pleads guilty to~~adjudicated a 1706
sexually violent predator ~~specification that was included in the~~ 1707
~~indictment, count in the indictment, or information charging the~~ 1708
~~sexually violent~~in relation to that offense, if the offender is 1709
being sentenced for a sexually oriented offense that is not a 1710
registration-exempt sexually oriented offense and that the 1711
offender committed on or after January 1, 1997, and the court 1712
imposing the sentence has determined pursuant to division (B) of 1713
section 2950.09 of the Revised Code that the offender is a sexual 1714
predator, if the offender is being sentenced on or after July 31, 1715
2003, for a child-victim oriented offense and the court imposing 1716
the sentence has determined pursuant to division (B) of section 1717
2950.091 of the Revised Code that the offender is a child-victim 1718
predator, or if the offender is being sentenced for an aggravated 1719
sexually oriented offense as defined in section 2950.01 of the 1720
Revised Code, the court shall include in the offender's sentence a 1721
statement that the offender has been adjudicated a sexual 1722
predator, has been adjudicated a child victim predator, or has 1723
been convicted of or pleaded guilty to an aggravated sexually 1724
oriented offense, whichever is applicable, and shall comply with 1725
the requirements of section 2950.03 of the Revised Code. 1726
Additionally, in the circumstances described in division (G) of 1727
section 2929.14 of the Revised Code, the court shall impose 1728
sentence on the offender as described in that division. 1729

       (5) If the sentencing court determines at the sentencing 1730
hearing that a community control sanction should be imposed and 1731
the court is not prohibited from imposing a community control 1732
sanction, the court shall impose a community control sanction. The 1733
court shall notify the offender that, if the conditions of the 1734
sanction are violated, if the offender commits a violation of any 1735
law, or if the offender leaves this state without the permission 1736
of the court or the offender's probation officer, the court may 1737
impose a longer time under the same sanction, may impose a more 1738
restrictive sanction, or may impose a prison term on the offender 1739
and shall indicate the specific prison term that may be imposed as 1740
a sanction for the violation, as selected by the court from the 1741
range of prison terms for the offense pursuant to section 2929.14 1742
of the Revised Code. 1743

       (6) Before imposing a financial sanction under section 1744
2929.18 of the Revised Code or a fine under section 2929.32 of the 1745
Revised Code, the court shall consider the offender's present and 1746
future ability to pay the amount of the sanction or fine. 1747

       (7) If the sentencing court sentences the offender to a 1748
sanction of confinement pursuant to section 2929.14 or 2929.16 of 1749
the Revised Code that is to be served in a local detention 1750
facility, as defined in section 2929.36 of the Revised Code, and 1751
if the local detention facility is covered by a policy adopted 1752
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 1753
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 1754
and section 2929.37 of the Revised Code, both of the following 1755
apply: 1756

       (a) The court shall specify both of the following as part of 1757
the sentence: 1758

       (i) If the offender is presented with an itemized bill 1759
pursuant to section 2929.37 of the Revised Code for payment of the 1760
costs of confinement, the offender is required to pay the bill in 1761
accordance with that section. 1762

       (ii) If the offender does not dispute the bill described in 1763
division (B)(7)(a)(i) of this section and does not pay the bill by 1764
the times specified in section 2929.37 of the Revised Code, the 1765
clerk of the court may issue a certificate of judgment against the 1766
offender as described in that section. 1767

       (b) The sentence automatically includes any certificate of 1768
judgment issued as described in division (B)(7)(a)(ii) of this 1769
section. 1770

       (C)(1) If the offender is being sentenced for a fourth degree 1771
felony OVI offense under division (G)(1) of section 2929.13 of the 1772
Revised Code, the court shall impose the mandatory term of local 1773
incarceration in accordance with that division, shall impose a 1774
mandatory fine in accordance with division (B)(3) of section 1775
2929.18 of the Revised Code, and, in addition, may impose 1776
additional sanctions as specified in sections 2929.15, 2929.16, 1777
2929.17, and 2929.18 of the Revised Code. The court shall not 1778
impose a prison term on the offender except that the court may 1779
impose a prison term upon the offender as provided in division 1780
(A)(1) of section 2929.13 of the Revised Code. 1781

       (2) If the offender is being sentenced for a third or fourth 1782
degree felony OVI offense under division (G)(2) of section 2929.13 1783
of the Revised Code, the court shall impose the mandatory prison 1784
term in accordance with that division, shall impose a mandatory 1785
fine in accordance with division (B)(3) of section 2929.18 of the 1786
Revised Code, and, in addition, may impose an additional prison 1787
term as specified in section 2929.14 of the Revised Code. In 1788
addition to the mandatory prison term or mandatory prison term and 1789
additional prison term the court imposes, the court also may 1790
impose a community control sanction on the offender, but the 1791
offender shall serve all of the prison terms so imposed prior to 1792
serving the community control sanction. 1793

       (D) The sentencing court, pursuant to division (K) of section 1794
2929.14 of the Revised Code, may recommend placement of the 1795
offender in a program of shock incarceration under section 1796
5120.031 of the Revised Code or an intensive program prison under 1797
section 5120.032 of the Revised Code, disapprove placement of the 1798
offender in a program or prison of that nature, or make no 1799
recommendation. If the court recommends or disapproves placement, 1800
it shall make a finding that gives its reasons for its 1801
recommendation or disapproval. 1802

       Sec. 2930.16. (A) If a defendant is incarcerated, a victim 1803
in a case who has requested to receive notice under this section 1804
shall be given notice of the incarceration of the defendant. If an 1805
alleged juvenile offender is committed to the temporary custody of 1806
a school, camp, institution, or other facility operated for the 1807
care of delinquent children or to the legal custody of the 1808
department of youth services, a victim in a case who has requested 1809
to receive notice under this section shall be given notice of the 1810
commitment. Promptly after sentence is imposed upon the defendant 1811
or the commitment of the alleged juvenile offender is ordered, the 1812
prosecutor in the case shall notify the victim of the date on 1813
which the defendant will be released from confinement or the 1814
prosecutor's reasonable estimate of that date or the date on which 1815
the alleged juvenile offender will have served the minimum period 1816
of commitment or the prosecutor's reasonable estimate of that 1817
date. The prosecutor also shall notify the victim of the name of 1818
the custodial agency of the defendant or alleged juvenile offender 1819
and tell the victim how to contact that custodial agency. If the 1820
custodial agency is the department of youth services, the 1821
prosecutor shall notify the victim of the services provided by the 1822
office of victims' services within the release authority of the 1823
department pursuant to section 5139.55 of the Revised Code and the 1824
victim's right pursuant to section 5139.56 of the Revised Code to 1825
submit a written request to the release authority to be notified 1826
of actions the release authority takes with respect to the alleged 1827
juvenile offender. The victim shall keep the custodial agency 1828
informed of the victim's current address and telephone number. 1829

       (B)(1) Upon the victim's request, the prosecutor promptly 1830
shall notify the victim of any hearing for judicial release of the 1831
defendant pursuant to section 2929.20 of the Revised Code or of 1832
any hearing for judicial release or early release of the alleged 1833
juvenile offender pursuant to section 2151.38 of the Revised Code 1834
and of the victim's right to make a statement under those 1835
sections. The court shall notify the victim of its ruling in each 1836
of those hearings and on each of those applications. 1837

       (2) ~~Upon the request of a victim of a crime that is~~If an 1838
offender is convicted of or pleads guilty to a ~~sexually~~ violent 1839
sex offense ~~and that is committed by~~or designated homicide, 1840
assault, or kidnapping offense, if the offender is adjudicated a 1841
sexually violent predator ~~who~~in relation to that crime, and if 1842
the offender is sentenced to a prison term for that crime pursuant 1843
to division (A)(3) of section 2971.03 of the Revised Code, upon 1844
the request of the victim of the crime, the prosecutor promptly 1845
shall notify the victim of any hearing to be conducted pursuant to 1846
section 2971.05 of the Revised Code to determine whether to modify 1847
the requirement that the offender serve the entire prison term in 1848
a state correctional facility in accordance with division (C) of 1849
that section, whether to continue, revise, or revoke any existing 1850
modification of that requirement, or whether to terminate the 1851
prison term in accordance with division (D) of that section. The 1852
court shall notify the victim of any order issued at the 1853
conclusion of the hearing. As used in this division,: 1854

       (a) "Adjudicated a sexually violent predator" has the same 1855
meaning as in section 2929.01 of the Revised Code and a person is 1856
"adjudicated a sexually violent predator" in the same manner and 1857
the same circumstances as are described in that section. 1858

       (b) "Designated homicide, assault, or kidnapping offense" and 1859
"~~sexually~~ violent sex offense" ~~and "sexually violent predator"~~ 1860
have the same meanings as in section 2971.01 of the Revised Code. 1861

       (C) Upon the victim's request made at any time before the 1862
particular notice would be due, the custodial agency of a 1863
defendant or alleged juvenile offender shall give the victim any 1864
of the following notices that is applicable: 1865

       (1) At least three weeks before the adult parole authority 1866
recommends a pardon or commutation of sentence for the defendant 1867
or at least three weeks prior to a hearing before the adult parole 1868
authority regarding a grant of parole to the defendant, notice of 1869
the victim's right to submit a statement regarding the impact of 1870
the defendant's release in accordance with section 2967.12 of the 1871
Revised Code and, if applicable, of the victim's right to appear 1872
at a full board hearing of the parole board to give testimony as 1873
authorized by section 5149.101 of the Revised Code; 1874

       (2) At least three weeks before the defendant is transferred 1875
to transitional control under section 2967.26 of the Revised Code, 1876
notice of the pendency of the transfer and of the victim's right 1877
under that section to submit a statement regarding the impact of 1878
the transfer; 1879

       (3) At least thirty days before the release authority of the 1880
department of youth services holds a release review, release 1881
hearing, or discharge review for the alleged juvenile offender, 1882
notice of the pendency of the review or hearing, of the victim's 1883
right to make an oral or written statement regarding the impact of 1884
the crime upon the victim or regarding the possible release or 1885
discharge, and, if the notice pertains to a hearing, of the 1886
victim's right to attend and make statements or comments at the 1887
hearing as authorized by section 5139.56 of the Revised Code; 1888

       (4) Prompt notice of the defendant's or alleged juvenile 1889
offender's escape from a facility of the custodial agency in which 1890
the defendant was incarcerated or in which the alleged juvenile 1891
offender was placed after commitment, of the defendant's or 1892
alleged juvenile offender's absence without leave from a mental 1893
health or mental retardation and developmental disabilities 1894
facility or from other custody, and of the capture of the 1895
defendant or alleged juvenile offender after an escape or absence; 1896

       (5) Notice of the defendant's or alleged juvenile offender's 1897
death while in confinement or custody; 1898

       (6) Notice of the defendant's or alleged juvenile offender's 1899
release from confinement or custody and the terms and conditions 1900
of the release. 1901

       Sec. 2941.148. (A) The application of Chapter 2971. of the 1902
Revised Code to an offender is precluded unless the indictment, 1903
count in the indictment, or information charging the ~~sexually~~ 1904
violent sex offense ~~or charging the designated homicide, assault,~~ 1905
~~or kidnapping offense~~ also includes a specification that the 1906
offender is a sexually violent predator, or the indictment, count 1907
in the indictment, or information charging the designated 1908
homicide, assault, or kidnapping offense also includes both a 1909
specification of the type described in section 2941.147 of the 1910
Revised Code and a specification that the offender is a sexually 1911
violent predator. The specification that the offender is a 1912
sexually violent predator shall be stated at the end of the body 1913
of the indictment, count, or information and shall be stated in 1914
substantially the following form: 1915

       "Specification (or, specification to the first count). The 1916
grand jury (or insert the person's or prosecuting attorney's name 1917
when appropriate) further find and specify that the offender is a 1918
sexually violent predator." 1919

       (B) In determining for purposes of this section whether a 1920
person is a sexually violent predator, all of the factors set 1921
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 1922
Code that apply regarding the person may be considered as evidence 1923
tending to indicate that it is likely that the person will engage 1924
in the future in one or more sexually violent offenses. 1925

       (C) As used in this section, "designated homicide, assault, 1926
or kidnapping offense," "~~sexually~~ violent sex offense," and 1927
"sexually violent predator" have the same meanings as in section 1928
2971.01 of the Revised Code. 1929

       Sec. 2950.01. As used in this chapter, unless the context 1930
clearly requires otherwise: 1931

       (A) "Confinement" includes, but is not limited to, a 1932
community residential sanction imposed pursuant to section 2929.16 1933
or 2929.26 of the Revised Code. 1934

       (B) "Habitual sex offender" means, except when a juvenile 1935
judge removes this classification pursuant to division (A)(2) of 1936
section 2152.84 or division (C)(2) of section 2152.85 of the 1937
Revised Code, a person to whom both of the following apply: 1938

       (1) The person is convicted of or pleads guilty to a sexually 1939
oriented offense that is not a registration-exempt sexually 1940
oriented offense, or the person is adjudicated a delinquent child 1941
for committing on or after January 1, 2002, a sexually oriented 1942
offense that is not a registration-exempt sexually oriented 1943
offense, was fourteen years of age or older at the time of 1944
committing the offense, and is classified a juvenile sex offender 1945
registrant based on that adjudication. 1946

       (2) One of the following applies to the person: 1947

       (a) Regarding a person who is an offender, the person 1948
previously was convicted of or pleaded guilty to one or more 1949
sexually oriented offenses or child-victim oriented offenses or 1950
previously was adjudicated a delinquent child for committing one 1951
or more sexually oriented offenses or child-victim oriented 1952
offenses and was classified a juvenile offender registrant or 1953
out-of-state juvenile offender registrant based on one or more of 1954
those adjudications, regardless of when the offense was committed 1955
and regardless of the person's age at the time of committing the 1956
offense. 1957

       (b) Regarding a delinquent child, the person previously was 1958
convicted of, pleaded guilty to, or was adjudicated a delinquent 1959
child for committing one or more sexually oriented offenses or 1960
child-victim oriented offenses, regardless of when the offense was 1961
committed and regardless of the person's age at the time of 1962
committing the offense. 1963

       (C) "Prosecutor" has the same meaning as in section 2935.01 1964
of the Revised Code. 1965

       (D) "Sexually oriented offense" means any of the following: 1966

       (1) Any of the following violations or offenses committed by 1967
a person eighteen years of age or older: 1968

       (a) Regardless of the age of the victim of the offense, a 1969
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the 1970
Revised Code; 1971

       (b) Any of the following offenses involving a minor, in the 1972
circumstances specified: 1973

       (i) A violation of division (A)(4) of section 2905.01 or 1974
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the 1975
victim of the offense is under eighteen years of age; 1976

       (ii) A violation of section 2907.21 of the Revised Code when 1977
the person who is compelled, induced, procured, encouraged, 1978
solicited, requested, or facilitated to engage in, paid or agreed 1979
to be paid for, or allowed to engage in the sexual activity in 1980
question is under eighteen years of age; 1981

       (iii) A violation of division (A)(1) or (3) of section 1982
2907.321 or 2907.322 of the Revised Code; 1983

       (iv) A violation of division (A)(1) or (2) of section 1984
2907.323 of the Revised Code; 1985

       (v) A violation of division (B)(5) of section 2919.22 of the 1986
Revised Code when the child who is involved in the offense is 1987
under eighteen years of age; 1988

       (vi) A violation of division (A)(1), (2), (3), or (5) of 1989
section 2905.01, of section 2903.211, 2905.02, 2905.03, or 1990
2905.05, or of former section 2905.04 of the Revised Code, when 1991
the victim of the offense is under eighteen years of age and the 1992
offense is committed with a sexual motivation. 1993

       (c) Regardless of the age of the victim of the offense, a 1994
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 1995
Revised Code, or of division (A) of section 2903.04 of the Revised 1996
Code, that is committed with a sexual motivation; 1997

       (d) A ~~sexually~~ violent sex offense, or a designated homicide, 1998
assault, or kidnapping offense if the offender also was convicted 1999
of or pleaded guilty to a sexual motivation specification that was 2000
included in the indictment, count in the indictment, or 2001
information charging the designated homicide, assault, or 2002
kidnapping offense; 2003

       (e) A violation of section 2907.06 or 2907.08 of the Revised 2004
Code when the victim of the offense is eighteen years of age or 2005
older, or a violation of section 2903.211 of the Revised Code when 2006
the victim of the offense is eighteen years of age or older and 2007
the offense is committed with a sexual motivation; 2008

       (f) A violation of any former law of this state, any existing 2009
or former municipal ordinance or law of another state or the 2010
United States, any existing or former law applicable in a military 2011
court or in an Indian tribal court, or any existing or former law 2012
of any nation other than the United States, that is or was 2013
substantially equivalent to any offense listed in division 2014
(D)(1)(a), (b), (c), (d), or (e) of this section; 2015

       (g) An attempt to commit, conspiracy to commit, or complicity 2016
in committing any offense listed in division (D)(1)(a), (b), (c), 2017
(d), (e), or (f) of this section. 2018

       (2) An act committed by a person under eighteen years of age 2019
that is any of the following: 2020

       (a) Subject to division (D)(2)(i) of this section, regardless 2021
of the age of the victim of the violation, a violation of section 2022
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code; 2023

       (b) Subject to division (D)(2)(i) of this section, any of the 2024
following acts involving a minor in the circumstances specified: 2025

       (i) A violation of division (A)(4) of section 2905.01 or 2026
section 2907.06 or 2907.08 of the Revised Code, when the victim of 2027
the violation is under eighteen years of age; 2028

       (ii) A violation of section 2907.21 of the Revised Code when 2029
the person who is compelled, induced, procured, encouraged, 2030
solicited, requested, or facilitated to engage in, paid or agreed 2031
to be paid for, or allowed to engage in the sexual activity in 2032
question is under eighteen years of age; 2033

       (iii) A violation of division (B)(5) of section 2919.22 of 2034
the Revised Code when the child who is involved in the violation 2035
is under eighteen years of age; 2036

       (iv) A violation of division (A)(1), (2), (3), or (5) of 2037
section 2905.01, section 2903.211, or former section 2905.04 of 2038
the Revised Code, when the victim of the violation is under 2039
eighteen years of age and the offense is committed with a sexual 2040
motivation. 2041

       (c) Subject to division (D)(2)(i) of this section, any 2042
~~sexually~~of the following: 2043

       (i) Any violent sex offense that, if committed by an adult, 2044
would be a felony of the first, second, third, or fourth degree; 2045

       (ii) Any designated homicide, assault, or kidnapping offense 2046
if that offense, if committed by an adult, would be a felony of 2047
the first, second, third, or fourth degree and if the court 2048
determined that, if the child was an adult, the child would be 2049
guilty of a sexual motivation specification regarding that 2050
offense. 2051

       (d) Subject to division (D)(2)(i) of this section, a 2052
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or 2053
2905.02 of the Revised Code, a violation of division (A) of 2054
section 2903.04 of the Revised Code, or an attempt to violate any 2055
of those sections or that division that is committed with a sexual 2056
motivation; 2057

       (e) Subject to division (D)(2)(i) of this section, a 2058
violation of division (A)(1) or (3) of section 2907.321, division 2059
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of 2060
section 2907.323 of the Revised Code, or an attempt to violate any 2061
of those divisions, if the person who violates or attempts to 2062
violate the division is four or more years older than the minor 2063
who is the victim of the violation; 2064

       (f) Subject to division (D)(2)(i) of this section, a 2065
violation of section 2907.06 or 2907.08 of the Revised Code when 2066
the victim of the violation is eighteen years of age or older, or 2067
a violation of section 2903.211 of the Revised Code when the 2068
victim of the violation is eighteen years of age or older and the 2069
offense is committed with a sexual motivation; 2070

       (g) Subject to division (D)(2)(i) of this section, any 2071
violation of any former law of this state, any existing or former 2072
municipal ordinance or law of another state or the United States, 2073
any existing or former law applicable in a military court or in an 2074
Indian tribal court, or any existing or former law of any nation 2075
other than the United States, that is or was substantially 2076
equivalent to any offense listed in division (D)(2)(a), (b), (c), 2077
(d), (e), or (f) of this section and that, if committed by an 2078
adult, would be a felony of the first, second, third, or fourth 2079
degree; 2080

       (h) Subject to division (D)(2)(i) of this section, any 2081
attempt to commit, conspiracy to commit, or complicity in 2082
committing any offense listed in division (D)(2)(a), (b), (c), 2083
(d), (e), (f), or (g) of this section; 2084

       (i) If the child's case has been transferred for criminal 2085
prosecution under section 2152.12 of the Revised Code, the act is 2086
any violation listed in division (D)(1)(a), (b), (c), (d), (e), 2087
(f), or (g) of this section or would be any offense listed in any 2088
of those divisions if committed by an adult. 2089

       (E) "Sexual predator" means a person to whom either of the 2090
following applies: 2091

       (1) The person has been convicted of or pleaded guilty to 2092
committing a sexually oriented offense that is not a 2093
registration-exempt sexually oriented offense and is likely to 2094
engage in the future in one or more sexually oriented offenses. 2095

       (2) The person has been adjudicated a delinquent child for 2096
committing a sexually oriented offense that is not a 2097
registration-exempt sexually oriented offense, was fourteen years 2098
of age or older at the time of committing the offense, was 2099
classified a juvenile offender registrant based on that 2100
adjudication, and is likely to engage in the future in one or more 2101
sexually oriented offenses. 2102

       (F) "Supervised release" means a release of an offender from 2103
a prison term, a term of imprisonment, or another type of 2104
confinement that satisfies either of the following conditions: 2105

       (1) The release is on parole, a conditional pardon, under a 2106
community control sanction, under transitional control, or under a 2107
post-release control sanction, and it requires the person to 2108
report to or be supervised by a parole officer, probation officer, 2109
field officer, or another type of supervising officer. 2110

       (2) The release is any type of release that is not described 2111
in division (F)(1) of this section and that requires the person to 2112
report to or be supervised by a probation officer, a parole 2113
officer, a field officer, or another type of supervising officer. 2114

       (G) An offender or delinquent child is "adjudicated as being 2115
a sexual predator" or "adjudicated a sexual predator" if any of 2116
the following applies and if, regarding a delinquent child, that 2117
status has not been removed pursuant to section 2152.84, 2152.85, 2118
or 2950.09 of the Revised Code: 2119

       (1) The offender is convicted of or pleads guilty to 2120
committing, on or after January 1, 1997, a sexually oriented 2121
offense ~~that is a sexually violent offense and~~ that is not a 2122
registration-exempt sexually oriented offense ~~and also is~~ 2123
~~convicted of or pleads guilty to~~, the sexually oriented offense is 2124
a violent sex offense or a designated homicide, assault, or 2125
kidnapping offense, and the offender is adjudicated a sexually 2126
violent predator ~~specification that was included in the~~ 2127
~~indictment, count in the indictment, or information that charged~~ 2128
~~the sexually violent~~in relation to that offense. 2129

       (2) Regardless of when the sexually oriented offense was 2130
committed, on or after January 1, 1997, the offender is sentenced 2131
for a sexually oriented offense that is not a registration-exempt 2132
sexually oriented offense, and the sentencing judge determines 2133
pursuant to division (B) of section 2950.09 of the Revised Code 2134
that the offender is a sexual predator. 2135

       (3) The delinquent child is adjudicated a delinquent child 2136
for committing a sexually oriented offense that is not a 2137
registration-exempt sexually oriented offense, was fourteen years 2138
of age or older at the time of committing the offense, and has 2139
been classified a juvenile offender registrant based on that 2140
adjudication, and the adjudicating judge or that judge's successor 2141
in office determines pursuant to division (B) of section 2950.09 2142
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 2143
the Revised Code that the delinquent child is a sexual predator. 2144

       (4) Prior to January 1, 1997, the offender was convicted of 2145
or pleaded guilty to, and was sentenced for, a sexually oriented 2146
offense that is not a registration-exempt sexually oriented 2147
offense, the offender is imprisoned in a state correctional 2148
institution on or after January 1, 1997, and the court determines 2149
pursuant to division (C) of section 2950.09 of the Revised Code 2150
that the offender is a sexual predator. 2151

       (5) Regardless of when the sexually oriented offense was 2152
committed, the offender or delinquent child is convicted of or 2153
pleads guilty to, has been convicted of or pleaded guilty to, or 2154
is adjudicated a delinquent child for committing a sexually 2155
oriented offense that is not a registration-exempt sexually 2156
oriented offense in another state, in a federal court, military 2157
court, or Indian tribal court, or in a court in any nation other 2158
than the United States, as a result of that conviction, plea of 2159
guilty, or adjudication, the offender or delinquent child is 2160
required, under the law of the jurisdiction in which the offender 2161
was convicted or pleaded guilty or the delinquent child was 2162
adjudicated, to register as a sex offender until the offender's or 2163
delinquent child's death, and, on or after July 1, 1997, for 2164
offenders or January 1, 2002, for delinquent children, the 2165
offender or delinquent child moves to and resides in this state or 2166
temporarily is domiciled in this state for more than five days or 2167
the offender is required under section 2950.04 of the Revised Code 2168
to register a school, institution of higher education, or place of 2169
employment address in this state, unless a court of common pleas 2170
or juvenile court determines that the offender or delinquent child 2171
is not a sexual predator pursuant to division (F) of section 2172
2950.09 of the Revised Code. 2173

       (H) "Sexually violent predator specification," ~~and~~ "sexually 2174
violent offense," "sexual motivation specification," designated 2175
homicide, assault, or kidnapping offense," and "violent sex 2176
offense" have the same meanings as in section 2971.01 of the 2177
Revised Code. 2178

       (I) "Post-release control sanction" and "transitional 2179
control" have the same meanings as in section 2967.01 of the 2180
Revised Code. 2181

       (J) "Juvenile offender registrant" means a person who is 2182
adjudicated a delinquent child for committing on or after January 2183
1, 2002, a sexually oriented offense that is not a 2184
registration-exempt sexually oriented offense or a child-victim 2185
oriented offense, who is fourteen years of age or older at the 2186
time of committing the offense, and who a juvenile court judge, 2187
pursuant to an order issued under section 2152.82, 2152.83, 2188
2152.84, or 2152.85 of the Revised Code, classifies a juvenile 2189
offender registrant and specifies has a duty to comply with 2190
sections 2950.04, 2950.05, and 2950.06 of the Revised Code if the 2191
child committed a sexually oriented offense or with sections 2192
2950.041, 2950.05, and 2950.06 of the Revised Code if the child 2193
committed a child-victim oriented offense. "Juvenile offender 2194
registrant" includes a person who, prior to July 31, 2003, was a 2195
"juvenile sex offender registrant" under the former definition of 2196
that former term. 2197

       (K) "Secure facility" means any facility that is designed and 2198
operated to ensure that all of its entrances and exits are locked 2199
and under the exclusive control of its staff and to ensure that, 2200
because of that exclusive control, no person who is 2201
institutionalized or confined in the facility may leave the 2202
facility without permission or supervision. 2203

       (L) "Out-of-state juvenile offender registrant" means a 2204
person who is adjudicated a delinquent child in a court in another 2205
state, in a federal court, military court, or Indian tribal court, 2206
or in a court in any nation other than the United States for 2207
committing a sexually oriented offense that is not a 2208
registration-exempt sexually oriented offense or a child-victim 2209
oriented offense, who on or after January 1, 2002, moves to and 2210
resides in this state or temporarily is domiciled in this state 2211
for more than five days, and who has a duty under section 2950.04 2212
of the Revised Code to register in this state and the duty to 2213
otherwise comply with that section and sections 2950.05 and 2214
2950.06 of the Revised Code if the child committed a sexually 2215
oriented offense or has a duty under section 2950.041 of the 2216
Revised Code to register in this state and the duty to otherwise 2217
comply with that section and sections 2950.05 and 2950.06 of the 2218
Revised Code if the child committed a child-victim oriented 2219
offense. "Out-of-state juvenile offender registrant" includes a 2220
person who, prior to July 31, 2003, was an "out-of-state juvenile 2221
sex offender registrant" under the former definition of that 2222
former term. 2223

       (M) "Juvenile court judge" includes a magistrate to whom the 2224
juvenile court judge confers duties pursuant to division (A)(15) 2225
of section 2151.23 of the Revised Code. 2226

       (N) "Adjudicated a delinquent child for committing a sexually 2227
oriented offense" includes a child who receives a serious youthful 2228
offender dispositional sentence under section 2152.13 of the 2229
Revised Code for committing a sexually oriented offense. 2230

       (O) "Aggravated sexually oriented offense" means a violation 2231
of division (A)(1)(b) of section 2907.02 of the Revised Code 2232
committed on or after June 13, 2002, or a violation of division 2233
(A)(2) of that section committed on or after July 31, 2003. 2234

       (P)(1) "Presumptive registration-exempt sexually oriented 2235
offense" means any of the following sexually oriented offenses 2236
described in division (P)(1)(a), (b), (c), (d), or (e) of this 2237
section, when the offense is committed by a person who previously 2238
has not been convicted of, pleaded guilty to, or adjudicated a 2239
delinquent child for committing any sexually oriented offense 2240
described in division (P)(1)(a), (b), (c), (d), or (e) of this 2241
section, any other sexually oriented offense, or any child-victim 2242
oriented offense and when the victim or intended victim of the 2243
offense is eighteen years of age or older: 2244

       (a) Any sexually oriented offense listed in division 2245
(D)(1)(e) or (D)(2)(f) of this section committed by a person who 2246
is eighteen years of age or older or, subject to division 2247
(P)(1)(e) of this section, committed by a person who is under 2248
eighteen years of age; 2249

       (b) Any violation of any former law of this state, any 2250
existing or former municipal ordinance or law of another state or 2251
the United States, any existing or former law applicable in a 2252
military court or in an Indian tribal court, or any existing or 2253
former law of any nation other than the United States that is 2254
committed by a person who is eighteen years of age or older and 2255
that is or was substantially equivalent to any sexually oriented 2256
offense listed in division (P)(1)(a) of this section; 2257

       (c) Subject to division (P)(1)(e) of this section, any 2258
violation of any former law of this state, any existing or former 2259
municipal ordinance or law of another state or the United States, 2260
any existing or former law applicable in a military court or in an 2261
Indian tribal court, or any existing or former law of any nation 2262
other than the United States that is committed by a person who is 2263
under eighteen years of age, that is or was substantially 2264
equivalent to any sexually oriented offense listed in division 2265
(P)(1)(a) of this section, and that would be a felony of the 2266
fourth degree if committed by an adult; 2267

       (d) Any attempt to commit, conspiracy to commit, or 2268
complicity in committing any offense listed in division (P)(1)(a) 2269
or (b) of this section if the person is eighteen years of age or 2270
older or, subject to division (P)(1)(e) of this section, listed in 2271
division (P)(1)(a) or (c) of this section if the person is under 2272
eighteen years of age. 2273

       (e) Regarding an act committed by a person under eighteen 2274
years of age, if the child's case has been transferred for 2275
criminal prosecution under section 2152.12 of the Revised Code, 2276
the act is any sexually oriented offense listed in division 2277
(P)(1)(a), (b), or (d) of this section. 2278

       (2) "Presumptive registration-exempt sexually oriented 2279
offense" does not include any sexually oriented offense described 2280
in division (P)(1)(a), (b), (c), (d), or (e) of this section that 2281
is committed by a person who previously has been convicted of, 2282
pleaded guilty to, or adjudicated a delinquent child for 2283
committing any sexually oriented offense described in division 2284
(P)(1)(a), (b), (c), (d), or (e) of this section or any other 2285
sexually oriented offense. 2286

       (Q)(1) "Registration-exempt sexually oriented offense" means 2287
any presumptive registration-exempt sexually oriented offense, if 2288
a court does not issue an order under section 2950.021 of the 2289
Revised Code that removes the presumptive exemption and subjects 2290
the offender who was convicted of or pleaded guilty to the offense 2291
to registration under section 2950.04 of the Revised Code and all 2292
other duties and responsibilities generally imposed under this 2293
chapter upon persons who are convicted of or plead guilty to any 2294
sexually oriented offense other than a presumptive 2295
registration-exempt sexually oriented offense or that removes the 2296
presumptive exemption and potentially subjects the child who was 2297
adjudicated a delinquent child for committing the offense to 2298
classification as a juvenile offender registrant under section 2299
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to 2300
registration under section 2950.04 of the Revised Code and all 2301
other duties and responsibilities generally imposed under this 2302
chapter upon persons who are adjudicated delinquent children for 2303
committing a sexually oriented offense other than a presumptive 2304
registration-exempt sexually oriented offense. 2305

        (2) "Registration-exempt sexually oriented offense" does not 2306
include a presumptive registration-exempt sexually oriented 2307
offense if a court issues an order under section 2950.021 of the 2308
Revised Code that removes the presumptive exemption and subjects 2309
the offender or potentially subjects the delinquent child to the 2310
duties and responsibilities described in division (Q)(1) of this 2311
section. 2312

       (R) "School" and "school premises" have the same meanings as 2313
in section 2925.01 of the Revised Code. 2314

       (S)(1) "Child-victim oriented offense" means any of the 2315
following: 2316

       (a) Subject to division (S)(2) of this section, any of the 2317
following violations or offenses committed by a person eighteen 2318
years of age or older, when the victim of the violation is under 2319
eighteen years of age and is not a child of the person who commits 2320
the violation: 2321

       (i) A violation of division (A)(1), (2), (3), or (5) of 2322
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of 2323
former section 2905.04 of the Revised Code; 2324

       (ii) A violation of any former law of this state, any 2325
existing or former municipal ordinance or law of another state or 2326
the United States, any existing or former law applicable in a 2327
military court or in an Indian tribal court, or any existing or 2328
former law of any nation other than the United States, that is or 2329
was substantially equivalent to any offense listed in division 2330
(S)(1)(a)(i) of this section; 2331

       (iii) An attempt to commit, conspiracy to commit, or 2332
complicity in committing any offense listed in division 2333
(S)(1)(a)(i) or (ii) of this section. 2334

       (b) Subject to division (S)(2) of this section, an act 2335
committed by a person under eighteen years of age that is any of 2336
the following, when the victim of the violation is under eighteen 2337
years of age and is not a child of the person who commits the 2338
violation: 2339

       (i) Subject to division (S)(1)(b)(iv) of this section, a 2340
violation of division (A)(1), (2), (3), or (5) of section 2905.01 2341
or of former section 2905.04 of the Revised Code; 2342

       (ii) Subject to division (S)(1)(b)(iv) of this section, any 2343
violation of any former law of this state, any existing or former 2344
municipal ordinance or law of another state or the United States, 2345
any existing or former law applicable in a military court or in an 2346
Indian tribal court, or any existing or former law of any nation 2347
other than the United States, that is or was substantially 2348
equivalent to any offense listed in division (S)(1)(b)(i) of this 2349
section and that, if committed by an adult, would be a felony of 2350
the first, second, third, or fourth degree; 2351

       (iii) Subject to division (S)(1)(b)(iv) of this section, any 2352
attempt to commit, conspiracy to commit, or complicity in 2353
committing any offense listed in division (S)(1)(b)(i) or (ii) of 2354
this section; 2355

       (iv) If the child's case has been transferred for criminal 2356
prosecution under section 2152.12 of the Revised Code, the act is 2357
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of 2358
this section or would be any offense listed in any of those 2359
divisions if committed by an adult. 2360

       (2) "Child-victim oriented offense" does not include any 2361
offense identified in division (S)(1)(a) or (b) of this section 2362
that is a sexually violent offense. An offense identified in 2363
division (S)(1)(a) or (b) of this section that is a sexually 2364
violent offense is within the definition of a sexually oriented 2365
offense. 2366

       (T)(1) "Habitual child-victim offender" means, except when a 2367
juvenile judge removes this classification pursuant to division 2368
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of 2369
the Revised Code, a person to whom both of the following apply: 2370

       (a) The person is convicted of or pleads guilty to a 2371
child-victim oriented offense, or the person is adjudicated a 2372
delinquent child for committing on or after January 1, 2002, a 2373
child-victim oriented offense, was fourteen years of age or older 2374
at the time of committing the offense, and is classified a 2375
juvenile offender registrant based on that adjudication. 2376

       (b) One of the following applies to the person: 2377

       (i) Regarding a person who is an offender, the person 2378
previously was convicted of or pleaded guilty to one or more 2379
child-victim oriented offenses or previously was adjudicated a 2380
delinquent child for committing one or more child-victim oriented 2381
offenses and was classified a juvenile offender registrant or 2382
out-of-state juvenile offender registrant based on one or more of 2383
those adjudications, regardless of when the offense was committed 2384
and regardless of the person's age at the time of committing the 2385
offense. 2386

       (ii) Regarding a delinquent child, the person previously was 2387
convicted of, pleaded guilty to, or was adjudicated a delinquent 2388
child for committing one or more child-victim oriented offenses, 2389
regardless of when the offense was committed and regardless of the 2390
person's age at the time of committing the offense. 2391

       (2) "Habitual child-victim offender" includes a person who 2392
has been convicted of, pleaded guilty to, or adjudicated a 2393
delinquent child for committing, a child-victim oriented offense 2394
and who, on and after ~~the effective date of this amendment~~July 2395
31, 2003, is automatically classified a habitual child-victim 2396
offender pursuant to division (E) of section 2950.091 of the 2397
Revised Code. 2398

       (U) "Child-victim predator" means a person to whom either of 2399
the following applies: 2400

       (1) The person has been convicted of or pleaded guilty to 2401
committing a child-victim oriented offense and is likely to engage 2402
in the future in one or more child-victim oriented offenses. 2403

       (2) The person has been adjudicated a delinquent child for 2404
committing a child-victim oriented offense, was fourteen years of 2405
age or older at the time of committing the offense, was classified 2406
a juvenile offender registrant based on that adjudication, and is 2407
likely to engage in the future in one or more child-victim 2408
oriented offenses. 2409

       (V) An offender or delinquent child is "adjudicated as being 2410
a child-victim predator" or "adjudicated a child-victim predator" 2411
if any of the following applies and if, regarding a delinquent 2412
child, that status has not been removed pursuant to section 2413
2152.84, 2152.85, or 2950.09 of the Revised Code: 2414

       (1) The offender or delinquent child has been convicted of, 2415
pleaded guilty to, or adjudicated a delinquent child for 2416
committing, a child-victim oriented offense and, on and after July 2417
31, 2003, is automatically classified a child-victim predator 2418
pursuant to division (A) of section 2950.091 of the Revised Code. 2419

       (2) Regardless of when the child-victim oriented offense was 2420
committed, on or after July 31, 2003, the offender is sentenced 2421
for a child-victim oriented offense, and the sentencing judge 2422
determines pursuant to division (B) of section 2950.091 of the 2423
Revised Code that the offender is a child-victim predator. 2424

       (3) The delinquent child is adjudicated a delinquent child 2425
for committing a child-victim oriented offense, was fourteen years 2426
of age or older at the time of committing the offense, and has 2427
been classified a juvenile offender registrant based on that 2428
adjudication, and the adjudicating judge or that judge's successor 2429
in office determines pursuant to division (B) of section 2950.09 2430
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 2431
the Revised Code that the delinquent child is a child-victim 2432
predator. 2433

       (4) Prior to ~~the effective date of this section~~July 31, 2434
2003, the offender was convicted of or pleaded guilty to a 2435
child-victim oriented offense, at the time of the conviction or 2436
guilty plea, the offense was considered a sexually oriented 2437
offense, on or after July 31, 2003, the offender is serving a term 2438
of imprisonment in a state correctional institution, and the court 2439
determines pursuant to division (C) of section 2950.091 of the 2440
Revised Code that the offender is a child-victim predator. 2441

       (5) Regardless of when the child-victim oriented offense was 2442
committed, the offender or delinquent child is convicted, pleads 2443
guilty, has been convicted, pleaded guilty, or adjudicated a 2444
delinquent child in a court in another state, in a federal court, 2445
military court, or Indian tribal court, or in a court in any 2446
nation other than the United States for committing a child-victim 2447
oriented offense, as a result of that conviction, plea of guilty, 2448
or adjudication, the offender or delinquent child is required 2449
under the law of the jurisdiction in which the offender was 2450
convicted or pleaded guilty or the delinquent child was 2451
adjudicated, to register as a child-victim offender or sex 2452
offender until the offender's or delinquent child's death, and, on 2453
or after July 1, 1997, for offenders or January 1, 2002, for 2454
delinquent children the offender or delinquent child moves to and 2455
resides in this state or temporarily is domiciled in this state 2456
for more than five days or the offender is required under section 2457
2950.041 of the Revised Code to register a school, institution of 2458
higher education, or place of employment address in this state, 2459
unless a court of common pleas or juvenile court determines that 2460
the offender or delinquent child is not a child-victim predator 2461
pursuant to division (F) of section 2950.091 of the Revised Code. 2462

       (W) "Residential premises" means the building in which a 2463
residential unit is located and the grounds upon which that 2464
building stands, extending to the perimeter of the property. 2465
"Residential premises" includes any type of structure in which a 2466
residential unit is located, including, but not limited to, 2467
multi-unit buildings and mobile and manufactured homes. 2468

       (X) "Residential unit" means a dwelling unit for residential 2469
use and occupancy, and includes the structure or part of a 2470
structure that is used as a home, residence, or sleeping place by 2471
one person who maintains a household or two or more persons who 2472
maintain a common household. "Residential unit" does not include a 2473
halfway house or a community-based correctional facility. 2474

       (Y) "Multi-unit building" means a building in which is 2475
located more than twelve residential units that have entry doors 2476
that open directly into the unit from a hallway that is shared 2477
with one or more other units. A residential unit is not considered 2478
located in a multi-unit building if the unit does not have an 2479
entry door that opens directly into the unit from a hallway that 2480
is shared with one or more other units or if the unit is in a 2481
building that is not a multi-unit building as described in this 2482
division. 2483

       (Z) "Community control sanction" has the same meaning as in 2484
section 2929.01 of the Revised Code. 2485

       (AA) "Halfway house" and "community-based correctional 2486
facility" have the same meanings as in section 2929.01 of the 2487
Revised Code. 2488

       (BB) "Adjudicated a sexually violent predator" has the same 2489
meaning as in section 2929.01 of the Revised Code, and a person is 2490
"adjudicated a sexually violent predator" in the same manner and 2491
the same circumstances as are described in that section. 2492

       Sec. 2950.03. (A) Each person who has been convicted of, is 2493
convicted of, has pleaded guilty to, or pleads guilty to a 2494
sexually oriented offense that is not a registration-exempt 2495
sexually oriented offense and who has a duty to register pursuant 2496
to section 2950.04 of the Revised Code, each person who is 2497
adjudicated a delinquent child for committing a sexually oriented 2498
offense that is not a registration-exempt sexually oriented 2499
offense and who is classified a juvenile offender registrant based 2500
on that adjudication, each person who has been convicted of, is 2501
convicted of, has pleaded guilty to, or pleads guilty to a 2502
child-victim oriented offense and has a duty to register pursuant 2503
to section 2950.041 of the Revised Code, and each person who is 2504
adjudicated a delinquent child for committing a child-victim 2505
oriented offense and who is classified a juvenile offender 2506
registrant based on that adjudication shall be provided notice in 2507
accordance with this section of the offender's or delinquent 2508
child's duties imposed under sections 2950.04, 2950.041, 2950.05, 2509
and 2950.06 of the Revised Code and of the offender's duties to 2510
similarly register, provide notice of a change, and verify 2511
addresses in another state if the offender resides, is temporarily 2512
domiciled, attends a school or institution of higher education, or 2513
is employed in a state other than this state. A person who has 2514
been convicted of, is convicted of, has pleaded guilty to, or 2515
pleads guilty to a sexually oriented offense that is a 2516
registration-exempt sexually oriented offense, and a person who is 2517
or has been adjudicated a delinquent child for committing a 2518
sexually oriented offense that is a registration-exempt sexually 2519
oriented offense, does not have a duty to register under section 2520
2950.04 of the Revised Code based on that conviction, guilty plea, 2521
or adjudication, and no notice is required to be provided to that 2522
person under this division based on that conviction, guilty plea, 2523
or adjudication. The following official shall provide the notice 2524
required under this division to the specified person at the 2525
following time: 2526

       (1) Regardless of when the person committed the sexually 2527
oriented offense or child-victim oriented offense, if the person 2528
is an offender who is sentenced for the sexually oriented offense 2529
or child-victim oriented offense to a prison term, a term of 2530
imprisonment, or any other type of confinement, and if, on or 2531
after January 1, 1997, the offender is serving that term or is 2532
under that confinement, the official in charge of the jail, 2533
workhouse, state correctional institution, or other institution in 2534
which the offender serves the prison term, term of imprisonment, 2535
or confinement, or a designee of that official, shall provide the 2536
notice to the offender before the offender is released pursuant to 2537
any type of supervised release or before the offender otherwise is 2538
released from the prison term, term of imprisonment, or 2539
confinement. This division applies to a child-victim oriented 2540
offense if the offender is sentenced for the offense on or after 2541
~~the effective date of this amendment~~July 31, 2003, or if, prior 2542
to ~~the effective date of this amendment~~July 31, 2003, the 2543
child-victim oriented offense was a sexually oriented offense and 2544
the offender was sentenced as described in this division for the 2545
child-victim oriented offense when it was designated a sexually 2546
oriented offense. If a person was provided notice under this 2547
division prior to ~~the effective date of this amendment~~July 31, 2548
2003, in relation to an offense that, prior to ~~the effective date~~ 2549
~~of this amendment~~July 31, 2003, was a sexually oriented offense 2550
but that, on and after ~~the effective date of this amendment~~July 2551
31, 2003, is a child-victim oriented offense, the notice provided 2552
under this division shall suffice for purposes of this section as 2553
notice to the offender of the offender's duties under sections 2554
2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a 2555
result of the conviction of or plea of guilty to the child-victim 2556
oriented offense. 2557

       (2) Regardless of when the person committed the sexually 2558
oriented offense or child-victim oriented offense, if the person 2559
is an offender who is sentenced for the sexually oriented offense 2560
on or after January 1, 1997, or who is sentenced for the 2561
child-victim oriented offense on or after ~~the effective date of~~ 2562
~~this amendment~~July 31, 2003, and if division (A)(1) of this 2563
section does not apply, the judge shall provide the notice to the 2564
offender at the time of sentencing. If a person was provided 2565
notice under this division prior to ~~the effective date of this~~ 2566
~~amendment~~July 31, 2003, in relation to an offense that, prior to 2567
~~the effective date of this amendment~~July 31, 2003,, was a 2568
sexually oriented offense but that, on and after ~~the effective~~ 2569
~~date of this amendment~~July 31, 2003,, is a child-victim oriented 2570
offense, the notice so provided under this division shall suffice 2571
for purposes of this section as notice to the offender of the 2572
offender's duties under sections 2950.041, 2950.05, and 2950.06 of 2573
the Revised Code imposed as a result of the conviction of or plea 2574
of guilty to the child-victim oriented offense. 2575

       (3) If the person is an offender who committed the sexually 2576
oriented offense prior to January 1, 1997, if neither division 2577
(A)(1) nor division (A)(2) of this section applies, and if, 2578
immediately prior to January 1, 1997, the offender was a habitual 2579
sex offender who was required to register under Chapter 2950. of 2580
the Revised Code, the chief of police or sheriff with whom the 2581
offender most recently registered under that chapter, in the 2582
circumstances described in this division, shall provide the notice 2583
to the offender. If the offender has registered with a chief of 2584
police or sheriff under Chapter 2950. of the Revised Code as it 2585
existed prior to January 1, 1997, the chief of police or sheriff 2586
with whom the offender most recently registered shall provide the 2587
notice to the offender as soon as possible after January 1, 1997, 2588
as described in division (B)(1) of this section. If the offender 2589
has not registered with a chief of police or sheriff under that 2590
chapter, the failure to register shall constitute a waiver by the 2591
offender of any right to notice under this section. If an offender 2592
described in this division does not receive notice under this 2593
section, the offender is not relieved of the offender's duties 2594
imposed under sections 2950.04, 2950.05, and 2950.06 of the 2595
Revised Code. 2596

       (4) If ~~the person is an offender of the type described in~~ 2597
neither division (A)(1), (2), nor (3) of this section applies and 2598
if~~, subsequent to release,~~ the offender is adjudicated a sexual 2599
predator pursuant to division (C) of section 2950.09 of the 2600
Revised Code or a child-victim predator pursuant to division (C) 2601
of section 2950.091 of the Revised Code, the judge shall provide 2602
the notice to the offender at the time of adjudication. 2603

       (5) If the person is a delinquent child who is classified a 2604
juvenile offender registrant, the judge shall provide the notice 2605
to the delinquent child at the time specified in division (B) of 2606
section 2152.82, division (D) of section 2152.83, division (C) of 2607
section 2152.84, or division (E) of section 2152.85 of the Revised 2608
Code, whichever is applicable. If a delinquent child was provided 2609
notice under this division prior to ~~the effective date of this~~ 2610
~~amendment~~July 31, 2003, in relation to an offense that, prior to 2611
~~the effective date of this amendment~~July 31, 2003, was a sexually 2612
oriented offense but that, on and after ~~the effective date of this~~ 2613
~~amendment~~July 31, 2003, is a child-victim oriented offense, the 2614
notice so provided under this division shall suffice for purposes 2615
of this section as notice to the delinquent child of the 2616
delinquent child's duties under sections 2950.041, 2950.05, and 2617
2950.06 of the Revised Code imposed as a result of the 2618
adjudication as a delinquent child for the child-victim oriented 2619
offense. 2620

       (6) If the person is an offender in any category described in 2621
division (A)(1), (2), (3), or (4) of this section and if, prior to 2622
~~the effective date of this amendment~~July 31, 2003, the offender 2623
was provided notice of the offender's duties in accordance with 2624
that division, not later than ninety days after ~~the effective date~~ 2625
~~of this amendment~~July 31, 2003, the sheriff with whom the 2626
offender most recently registered or verified an address under 2627
section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code 2628
shall provide notice to the offender of the offender's duties 2629
imposed on and after ~~the effective date of this amendment~~July 31, 2630
2003, pursuant to any of those sections to register a school, 2631
institution of higher education, or place of employment address, 2632
provide notice of a change of that address, and verify that 2633
address. The sheriff may provide the notice to the offender at the 2634
time the offender registers, provides notice of a change in, or 2635
verifies a residence, school, institution of higher education, or 2636
place of employment address under any of those sections within the 2637
specified ninety-day period. If the offender does not so register, 2638
provide notice of a change in, or verify an address within the 2639
specified ninety-day period, the sheriff shall provide the notice 2640
to the offender by sending it to the offender at the most recent 2641
residence address available for the offender. If the offender was 2642
required to register prior to ~~the effective date of this amendment~~ 2643
July 31, 2003, and failed to do so, the failure to register 2644
constitutes a waiver by the offender of any right to notice under 2645
this division. If the offender has not registered prior to ~~the~~ 2646
~~effective date of this amendment~~July 31, 2003, the offender is 2647
presumed to have knowledge of the law and of the duties referred 2648
to in this division that are imposed on and after ~~the effective~~ 2649
~~date of this amendment~~July 31, 2003. If an offender does not 2650
receive notice under this division, the offender is not relieved 2651
of any of the duties described in this division. 2652

       (7) If the person is an offender or delinquent child who has 2653
a duty to register in this state pursuant to division (A)(3) of 2654
section 2950.04 or 2950.041 of the Revised Code, the offender or 2655
delinquent child is presumed to have knowledge of the law and of 2656
the offender's or delinquent child's duties imposed under sections 2657
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. 2658

       (B)(1) The notice provided under division (A) of this section 2659
shall inform the offender or delinquent child of the offender's or 2660
delinquent child's duty to register, to provide notice of a change 2661
in the offender's or delinquent child's residence address or in 2662
the offender's school, institution of higher education, or place 2663
of employment address, as applicable, and register the new 2664
address, to periodically verify the offender's or delinquent 2665
child's residence address or the offender's school, institution of 2666
higher education, or place of employment address, as applicable, 2667
and, if applicable, to provide notice of the offender's or 2668
delinquent child's intent to reside, pursuant to sections 2950.04, 2669
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice 2670
shall specify that, for an offender, it applies regarding 2671
residence addresses or school, institution of higher education, 2672
and place of employment addresses and that, for a delinquent 2673
child, it applies regarding residence addresses. Additionally, it 2674
shall inform the offender of the offender's duties to similarly 2675
register, provide notice of a change in, and verify those 2676
addresses in states other than this state as described in division 2677
(A) of this section. A notice provided under division (A)(6) of 2678
this section shall state the new duties imposed on the offender on 2679
and after ~~the effective date of this amendment~~July 31, 2003, to 2680
register, provide notice of a change in, and periodically verify, 2681
a school, institution of higher education, or place of employment 2682
address and specify that the new duties are in addition to the 2683
prior duties imposed upon the offender. A notice provided under 2684
division (A)(1), (2), (3), (4), or (5) of this section shall 2685
comport with the following: 2686

       (a) If the notice is provided to an offender under division 2687
(A)(3) of this section, the notice shall state the offender's 2688
duties to register, to file a notice of intent to reside, if 2689
applicable, to register a new residence address or new school, 2690
institution of higher education, or place of employment address, 2691
and to periodically verify those addresses, the offender's duties 2692
in other states as described in division (A) of this section, and 2693
that, if the offender has any questions concerning these duties, 2694
the offender may contact the chief of police or sheriff who sent 2695
the form for an explanation of the duties. If the offender appears 2696
in person before the chief of police or sheriff, the chief or 2697
sheriff shall provide the notice as described in division 2698
(B)(1)(a) of this section, and all provisions of this section that 2699
apply regarding a notice provided by an official, official's 2700
designee, or judge in that manner shall be applicable. 2701

       (b) If the notice is provided to an offender under division 2702
(A)(1), (2), or (4) of this section, the official, official's 2703
designee, or judge shall require the offender to read and sign a 2704
form stating that the offender's duties to register, to file a 2705
notice of intent to reside, if applicable, to register a new 2706
residence address or new school, institution of higher education, 2707
or place of employment address, and to periodically verify those 2708
addresses, and the offender's duties in other states as described 2709
in division (A) of this section have been explained to the 2710
offender. If the offender is unable to read, the official, 2711
official's designee, or judge shall certify on the form that the 2712
official, designee, or judge specifically informed the offender of 2713
those duties and that the offender indicated an understanding of 2714
those duties. 2715

       (c) If the notice is provided to a delinquent child under 2716
division (A)(5) of this section, the judge shall require the 2717
delinquent child and the delinquent child's parent, guardian, or 2718
custodian to read and sign a form stating that the delinquent 2719
child's duties to register, to file a notice of intent to reside, 2720
if applicable, to register a new residence address, and to 2721
periodically verify that address have been explained to the 2722
delinquent child and to the delinquent child's parent, guardian, 2723
or custodian. If the delinquent child or the delinquent child's 2724
parent, guardian, or custodian is unable to read, the judge shall 2725
certify on the form that the judge specifically informed the 2726
delinquent child or the delinquent child's parent, guardian, or 2727
custodian of those duties and that the delinquent child or the 2728
delinquent child's parent, guardian, or custodian indicated an 2729
understanding of those duties. 2730

        (2) The notice provided under divisions (A)(1) to (6) of this 2731
section shall be on a form prescribed by the bureau of criminal 2732
identification and investigation and shall contain all of the 2733
information specified in division (A) of this section and all of 2734
the information required by the bureau. The notice provided under 2735
divisions (A)(1) to (5) of this section shall include, but is not 2736
limited to, all of the following: 2737

       (a) For any notice provided under division (A)(1) to (5) of 2738
this section, a statement as to whether the offender or delinquent 2739
child has been adjudicated a sexual predator or a child-victim 2740
predator relative to the sexually oriented offense or child-victim 2741
oriented offense in question, a statement as to whether the 2742
offender or delinquent child has been determined to be a habitual 2743
sex offender or habitual child-victim offender, a statement as to 2744
whether the offense for which the offender has the duty to 2745
register is an aggravated sexually oriented offense, an 2746
explanation of the offender's periodic residence address or 2747
periodic school, institution of higher education, or place of 2748
employment address verification process or of the delinquent 2749
child's periodic residence address verification process, an 2750
explanation of the frequency with which the offender or delinquent 2751
child will be required to verify those addresses under that 2752
process, a statement that the offender or delinquent child must 2753
verify those addresses at the times specified under that process 2754
or face criminal prosecution or a delinquent child proceeding, and 2755
an explanation of the offender's duty to similarly register, 2756
verify, and reregister those addresses in another state if the 2757
offender resides in another state, attends a school or institution 2758
of higher education in another state, or is employed in another 2759
state. 2760

       (b) If the notice is provided under division (A)(4) of this 2761
section, a statement that the notice replaces any notice 2762
previously provided to the offender under division (A)(1) of this 2763
section, a statement that the offender's duties described in this 2764
notice supersede the duties described in the prior notice, and a 2765
statement notifying the offender that, if the offender already has 2766
registered under section 2950.04 or 2950.041 of the Revised Code, 2767
the offender must register again pursuant to division (A)(6) of 2768
that section; 2769

       (c) If the notice is provided under division (A)(5) of this 2770
section, a statement that the delinquent child has been classified 2771
by the adjudicating juvenile court judge or the judge's successor 2772
in office a juvenile offender registrant and has a duty to comply 2773
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 2774
Revised Code; 2775

       (d) If the notice is provided under division (A)(5) of this 2776
section, a statement that, if the delinquent child fails to comply 2777
with the requirements of sections 2950.04, 2950.041, 2950.05, and 2778
2950.06 of the Revised Code, both of the following apply: 2779

       (i) If the delinquent child's failure occurs while the child 2780
is under eighteen years of age, the child is subject to 2781
proceedings under Chapter 2152. of the Revised Code based on the 2782
failure, but if the failure occurs while the child is eighteen 2783
years of age or older, the child is subject to criminal 2784
prosecution based on the failure. 2785

       (ii) If the delinquent child's failure occurs while the child 2786
is under eighteen years of age, unless the child is emancipated, 2787
as defined in section 2919.121 of the Revised Code, the failure of 2788
the parent, guardian, or custodian to ensure that the child 2789
complies with those requirements is a violation of section 2919.24 2790
of the Revised Code and may result in the prosecution of the 2791
parent, guardian, or custodian for that violation. 2792

       (3)(a) After an offender described in division (A)(1), (2), 2793
or (4) of this section has signed the form described in divisions 2794
(B)(1) and (2) of this section or the official, official's 2795
designee, or judge has certified on the form that the form has 2796
been explained to the offender and that the offender indicated an 2797
understanding of the duties indicated on it, the official, 2798
official's designee, or judge shall give one copy of the form to 2799
the offender, within three days shall send one copy of the form to 2800
the bureau of criminal identification and investigation in 2801
accordance with the procedures adopted pursuant to section 2950.13 2802
of the Revised Code, and shall send one copy of the form to the 2803
sheriff of the county in which the offender expects to reside. 2804

       (b) After a chief of police or sheriff has sent a form to an 2805
offender under division (A)(3) of this section, the chief or 2806
sheriff shall send a copy of the form to the bureau of criminal 2807
identification and investigation in accordance with the procedures 2808
adopted pursuant to section 2950.13 of the Revised Code. 2809

       (c) After a delinquent child described in division (A)(5) of 2810
this section and the delinquent child's parent, guardian, or 2811
custodian have signed the form described in divisions (B)(1) and 2812
(2) of this section or the judge has certified on the form that 2813
the form has been explained to the delinquent child or the 2814
delinquent child's parent, guardian, or custodian and that the 2815
delinquent child or the delinquent child's parent, guardian, or 2816
custodian indicated an understanding of the duties and information 2817
indicated on the form, the judge shall give a copy of the form to 2818
both the delinquent child and to the delinquent child's parent, 2819
guardian, or custodian, within three days shall send one copy of 2820
the form to the bureau of criminal identification and 2821
investigation in accordance with the procedures adopted pursuant 2822
to section 2950.13 of the Revised Code, and shall send one copy of 2823
the form to the sheriff of the county in which the delinquent 2824
child expects to reside. 2825

       (C) The official, official's designee, judge, chief of 2826
police, or sheriff who is required to provide notice to an 2827
offender or delinquent child under divisions (A)(1) to (5) of this 2828
section shall do all of the following: 2829

       (1) If the notice is provided under division (A)(1), (2), 2830
(4), or (5) of this section, the official, designee, or judge 2831
shall determine the offender's or delinquent child's name, 2832
identifying factors, and expected future residence address in this 2833
state or any other state, shall obtain the offender's or 2834
delinquent child's criminal and delinquency history, and shall 2835
obtain a photograph and the fingerprints of the offender or 2836
delinquent child. Regarding an offender, the official, designee, 2837
or judge also shall obtain from the offender the offender's 2838
current or expected future school, institution of higher 2839
education, or place of employment address in this state, if any. 2840
If the notice is provided by a judge under division (A)(2), (4), 2841
or (5) of this section, the sheriff shall provide the offender's 2842
or delinquent child's criminal and delinquency history to the 2843
judge. The official, official's designee, or judge shall obtain 2844
this information and these items prior to giving the notice, 2845
except that a judge may give the notice prior to obtaining the 2846
offender's or delinquent child's criminal and delinquency history. 2847
Within three days after receiving this information and these 2848
items, the official, official's designee, or judge shall forward 2849
the information and items to the bureau of criminal identification 2850
and investigation in accordance with the forwarding procedures 2851
adopted pursuant to section 2950.13 of the Revised Code, to the 2852
sheriff of the county in which the offender or delinquent child 2853
expects to reside, and, regarding an offender, to the sheriff of 2854
the county, if any, in which the offender attends or will attend a 2855
school or institution of higher education or is or will be 2856
employed. If the notice is provided under division (A)(5) of this 2857
section and if the delinquent child has been committed to the 2858
department of youth services or to a secure facility, the judge, 2859
in addition to the other information and items described in this 2860
division, also shall forward to the bureau and to the sheriff 2861
notification that the child has been so committed. If it has not 2862
already done so, the bureau of criminal identification and 2863
investigation shall forward a copy of the fingerprints and 2864
conviction data received under this division to the federal bureau 2865
of investigation. 2866

       (2) If the notice is provided under division (A)(3) of this 2867
section, the chief of police or sheriff shall determine the 2868
offender's name, identifying factors, and residence address in 2869
this state or any other state, shall obtain the offender's 2870
criminal history from the bureau of criminal identification and 2871
investigation, and, to the extent possible, shall obtain a 2872
photograph and the fingerprints of the offender. Regarding an 2873
offender, the chief or sheriff also shall obtain from the offender 2874
the offender's current or expected future school, institution of 2875
higher education, or place of employment address in this state, if 2876
any. Within three days after receiving this information and these 2877
items, the chief or sheriff shall forward the information and 2878
items to the bureau of criminal identification and investigation 2879
in accordance with the forwarding procedures adopted pursuant to 2880
section 2950.13 of the Revised Code and, in relation to a chief of 2881
police, to the sheriff of the county in which the offender 2882
resides, and, regarding an offender, to the sheriff of the county, 2883
if any, in which the offender attends or will attend a school or 2884
institution of higher education or is or will be employed. If it 2885
has not already done so, the bureau of criminal identification and 2886
investigation shall forward a copy of the fingerprints and 2887
conviction data so received to the federal bureau of 2888
investigation. 2889

       Sec. 2950.031. (A) No person who has been convicted of, is 2890
convicted of, has pleaded guilty to, or pleads guilty to either a 2891
sexually oriented offense that is not a registration-exempt 2892
sexually oriented offense or a child-victim oriented offense shall 2893
establish a residence or occupy residential premises within one 2894
thousand feet of any school premises. 2895

       (B) ~~An owner or lessee of real property that is located~~ 2896
~~within one thousand feet of any school premises has a cause of~~ 2897
~~action for injunctive relief against~~If a person ~~who~~to whom 2898
division (A) of this section applies violates division (A) of this 2899
section by establishing a residence or occupying residential 2900
premises within one thousand feet of ~~those~~any school premises, an 2901
owner or lessee of real property that is located within one 2902
thousand feet of those school premises, or the prosecuting 2903
attorney, village solicitor, city or township director of law, 2904
similar chief legal officer of a municipal corporation or 2905
township, or official designated as a prosecutor in a municipal 2906
corporation that has jurisdiction over the place at which the 2907
person establishes the residence or occupies the residential 2908
premises in question, has a cause of action for injunctive relief 2909
against the person. The ~~owner or lessee~~plaintiff shall not be 2910
required to prove irreparable harm in order to obtain the relief. 2911

       Sec. 2950.04. (A)(1) Each of the following types of offender 2912
who is convicted of or pleads guilty to, or has been convicted of 2913
or pleaded guilty to, a sexually oriented offense that is not a 2914
registration-exempt sexually oriented offense shall register 2915
personally with the sheriff of the county within five days of the 2916
offender's coming into a county in which the offender resides or 2917
temporarily is domiciled for more than five days, shall register 2918
personally with the sheriff of the county immediately upon coming 2919
into a county in which the offender attends a school or 2920
institution of higher education on a full-time or part-time basis 2921
regardless of whether the offender resides or has a temporary 2922
domicile in this state or another state, shall register personally 2923
with the sheriff of the county in which the offender is employed 2924
if the offender resides or has a temporary domicile in this state 2925
and has been employed in that county for more than fourteen days 2926
or for an aggregate period of thirty or more days in that calendar 2927
year, shall register personally with the sheriff of the county in 2928
which the offender then is employed if the offender does not 2929
reside or have a temporary domicile in this state and has been 2930
employed at any location or locations in this state more than 2931
fourteen days or for an aggregate period of thirty or more days in 2932
that calendar year, and shall register with the sheriff or other 2933
appropriate person of the other state immediately upon entering 2934
into any state other than this state in which the offender attends 2935
a school or institution of higher education on a full-time or 2936
part-time basis or upon being employed in any state other than 2937
this state for more than fourteen days or for an aggregate period 2938
of thirty or more days in that calendar year regardless of whether 2939
the offender resides or has a temporary domicile in this state, 2940
the other state, or a different state: 2941

       (a) Regardless of when the sexually oriented offense was 2942
committed, an offender who is sentenced for the sexually oriented 2943
offense to a prison term, a term of imprisonment, or any other 2944
type of confinement and, on or after July 1, 1997, is released in 2945
any manner from the prison term, term of imprisonment, or 2946
confinement; 2947

       (b) Regardless of when the sexually oriented offense was 2948
committed, an offender who is sentenced for a sexually oriented 2949
offense on or after July 1, 1997, and to whom division (A)(1)(a) 2950
of this section does not apply; 2951

       (c) If the sexually oriented offense was committed prior to 2952
July 1, 1997, and neither division (A)(1)(a) nor division 2953
(A)(1)(b) of this section applies, an offender who, immediately 2954
prior to July 1, 1997, was a habitual sex offender who was 2955
required to register under Chapter 2950. of the Revised Code. 2956

       (2) Each child who is adjudicated a delinquent child for 2957
committing a sexually oriented offense that is not a 2958
registration-exempt sexually oriented offense and who is 2959
classified a juvenile offender registrant based on that 2960
adjudication shall register personally with the sheriff of the 2961
county within five days of the delinquent child's coming into a 2962
county in which the delinquent child resides or temporarily is 2963
domiciled for more than five days. If the delinquent child is 2964
committed for the sexually oriented offense that is not a 2965
registration-exempt sexually oriented offense to the department of 2966
youth services or to a secure facility that is not operated by the 2967
department, this duty begins when the delinquent child is 2968
discharged or released in any manner from custody in a department 2969
of youth services secure facility or from the secure facility that 2970
is not operated by the department, if pursuant to the discharge or 2971
release the delinquent child is not committed to any other secure 2972
facility of the department or any other secure facility. The 2973
delinquent child does not have a duty to register under this 2974
division while the child is in a department of youth services 2975
secure facility or in a secure facility that is not operated by 2976
the department. 2977

       (3) If divisions (A)(1) and (2) of this section do not apply, 2978
each following type of offender and each following type of 2979
delinquent child shall register personally with the sheriff of the 2980
county within five days of the offender's or delinquent child's 2981
coming into a county in which the offender or delinquent child 2982
resides or temporarily is domiciled for more than five days, and 2983
each following type of offender shall register personally with the 2984
sheriff of the county immediately upon coming into a county in 2985
which the offender attends a school or institution of higher 2986
education on a full-time or part-time basis regardless of whether 2987
the offender resides or has a temporary domicile in this state or 2988
another state, shall register personally with the sheriff of the 2989
county in which the offender is employed if the offender resides 2990
or has a temporary domicile in this state and has been employed in 2991
that county for more than fourteen days or for an aggregate period 2992
of thirty days or more in that calendar year, and shall register 2993
personally with the sheriff of the county in which the offender 2994
then is employed if the offender does not reside or have a 2995
temporary domicile in this state and has been employed at any 2996
location or locations in this state for more than fourteen days or 2997
for an aggregate period of thirty or more days in that calendar 2998
year: 2999

       (a) Regardless of when the sexually oriented offense was 3000
committed, a person who is convicted, pleads guilty, or 3001
adjudicated a delinquent child in a court in another state, in a 3002
federal court, military court, or Indian tribal court, or in a 3003
court in any nation other than the United States for committing a 3004
sexually oriented offense that is not a registration-exempt 3005
sexually oriented offense, if, on or after July 1, 1997, for 3006
offenders, or January 1, 2002, for delinquent children, the 3007
offender or delinquent child moves to and resides in this state or 3008
temporarily is domiciled in this state for more than five days, 3009
the offender enters this state to attend any school or institution 3010
of higher education on a full-time or part-time basis, or the 3011
offender is employed in this state for more than fourteen days or 3012
for an aggregate period of thirty or more days in any calendar 3013
year, and if, at the time the offender or delinquent child moves 3014
to and resides in this state or temporarily is domiciled in this 3015
state for more than five days, the offender enters this state to 3016
attend the school or institution of higher education, or the 3017
offender is employed in this state for more than the specified 3018
period of time, the offender or delinquent child has a duty to 3019
register as a sex offender or child-victim offender under the law 3020
of that other jurisdiction as a result of the conviction, guilty 3021
plea, or adjudication. 3022

       (b) Regardless of when the sexually oriented offense was 3023
committed, a person who is convicted of, pleads guilty to, or is 3024
adjudicated a delinquent child in a court in another state, in a 3025
federal court, military court, or Indian tribal court, or in a 3026
court in any nation other than the United States for committing a 3027
sexually oriented offense that is not a registration-exempt 3028
sexually oriented offense, if, on or after July 1, 1997, for 3029
offenders, or January 1, 2002, for delinquent children, the 3030
offender or delinquent child is released from imprisonment, 3031
confinement, or detention imposed for that offense, and if, on or 3032
after July 1, 1997, for offenders, or January 1, 2002, for 3033
delinquent children, the offender or delinquent child moves to and 3034
resides in this state or temporarily is domiciled in this state 3035
for more than five days, the offender enters this state to attend 3036
any school or institution of higher education on a full-time or 3037
part-time basis, or the offender is employed in this state for 3038
more than fourteen days or for an aggregate period of thirty or 3039
more days in any calendar year. The duty to register as described 3040
in this division applies to an offender regardless of whether the 3041
offender, at the time of moving to and residing in this state or 3042
temporarily being domiciled in this state for more than five days, 3043
at the time of entering into this state to attend the school or 3044
institution of higher education, or at the time of being employed 3045
in this state for the specified period of time, has a duty to 3046
register as a sex offender or child-victim offender under the law 3047
of the jurisdiction in which the conviction or guilty plea 3048
occurred. The duty to register as described in this division 3049
applies to a delinquent child only if the delinquent child, at the 3050
time of moving to and residing in this state or temporarily being 3051
domiciled in this state for more than five days, has a duty to 3052
register as a sex offender or child-victim offender under the law 3053
of the jurisdiction in which the delinquent child adjudication 3054
occurred or if, had the delinquent child adjudication occurred in 3055
this state, the adjudicating juvenile court judge would have been 3056
required to issue an order classifying the delinquent child as a 3057
juvenile offender registrant pursuant to section 2152.82 or 3058
division (A) of section 2152.83 of the Revised Code. 3059

       (4) If neither division (A)(1)~~(a)~~, (2), nor (3) of this 3060
section applies and if~~, subsequent to the offender's release,~~ the 3061
offender is adjudicated a sexual predator under division (C) of 3062
section 2950.09 of the Revised Code, the offender shall register 3063
within five days of the adjudication with the sheriff of the 3064
county in which the offender resides or temporarily is domiciled 3065
for more than five days, shall register with the sheriff of any 3066
county in which the offender subsequently resides or temporarily 3067
is domiciled for more than five days within five days of coming 3068
into that county, shall register within five days of the 3069
adjudication with the sheriff of the county in which the offender 3070
attends any school or institution of higher education on a 3071
full-time or part-time basis or in which the offender is employed 3072
if the offender has been employed in that county for more than 3073
fourteen days or for an aggregate period of thirty or more days in 3074
that calendar year regardless of whether the offender resides or 3075
has temporary domicile in this state or another state, and shall 3076
register within five days of the adjudication with the sheriff or 3077
other appropriate person of any state other than this state in 3078
which the offender attends a school or institution of higher 3079
education on a full-time or part-time basis or in which the 3080
offender then is employed if the offender has been employed in 3081
that state for more than fourteen days or for an aggregate period 3082
of thirty or more days in any calendar year regardless of whether 3083
the offender resides or has temporary domicile in this state, the 3084
other state, or a different state. 3085

       (5) A person who is adjudicated a delinquent child for 3086
committing a sexually oriented offense that is not a 3087
registration-exempt sexually oriented offense is not required to 3088
register under division (A)(2) of this section unless the 3089
delinquent child committed the offense on or after January 1, 3090
2002, is classified a juvenile offender registrant by a juvenile 3091
court judge pursuant to an order issued under section 2152.82, 3092
2152.83, 2152.84, or 2152.85 of the Revised Code based on that 3093
adjudication, and has a duty to register pursuant to division 3094
(A)(2) of this section. 3095

       (6) A person who has been convicted of, is convicted of, has 3096
pleaded guilty to, or pleads guilty to a sexually oriented offense 3097
that is a registration-exempt sexually oriented offense, and a 3098
person who is or has been adjudicated a delinquent child for 3099
committing a sexually oriented offense that is a 3100
registration-exempt sexually oriented offense, does not have any 3101
duty to register under this section based on that conviction, 3102
guilty plea, or adjudication. The exemption of an offender or 3103
delinquent child from registration under this division for a 3104
conviction of, plea of guilty to, or delinquent child adjudication 3105
for a registration-exempt sexually oriented offense does not 3106
limit, affect, or supersede any duties imposed upon the offender 3107
or delinquent child under this chapter or sections 2152.82 to 3108
2152.85 of the Revised Code for a conviction of, plea of guilty 3109
to, or delinquent child adjudication for any other sexually 3110
oriented offense or any child-victim oriented offense. 3111

       (B) An offender or delinquent child who is required by 3112
division (A) of this section to register in this state personally 3113
shall obtain from the sheriff or from a designee of the sheriff a 3114
registration form that conforms to division (C) of this section, 3115
shall complete and sign the form, and shall return the completed 3116
form together with the offender's or delinquent child's photograph 3117
to the sheriff or the designee. The sheriff or designee shall sign 3118
the form and indicate on the form the date on which it is so 3119
returned. The registration required under this division is 3120
complete when the offender or delinquent child returns the form, 3121
containing the requisite information, photograph, signatures, and 3122
date, to the sheriff or designee. 3123

       (C) The registration form to be used under divisions (A) and 3124
(B) of this section shall include the photograph of the offender 3125
or delinquent child who is registering and shall contain all of 3126
the following: 3127

        (1) Regarding an offender or delinquent child who is 3128
registering under a duty imposed under division (A)(1), (2), (3), 3129
or (4) of this section as a result of the offender or delinquent 3130
child residing in this state or temporarily being domiciled in 3131
this state for more than five days, the current residence address 3132
of the offender or delinquent child who is registering, the name 3133
and address of the offender's or delinquent child's employer if 3134
the offender or delinquent child is employed at the time of 3135
registration or if the offender or delinquent child knows at the 3136
time of registration that the offender or delinquent child will be 3137
commencing employment with that employer subsequent to 3138
registration, the name and address of the offender's school or 3139
institution of higher education if the offender attends one at the 3140
time of registration or if the offender knows at the time of 3141
registration that the offender will be commencing attendance at 3142
that school or institution subsequent to registration, and any 3143
other information required by the bureau of criminal 3144
identification and investigation. 3145

       (2) Regarding an offender who is registering under a duty 3146
imposed under division (A)(1), (3), or (4) of this section as a 3147
result of the offender attending a school or institution of higher 3148
education in this state on a full-time or part-time basis or being 3149
employed in this state or in a particular county in this state, 3150
whichever is applicable, for more than fourteen days or for an 3151
aggregate of thirty or more days in any calendar year, the current 3152
address of the school, institution of higher education, or place 3153
of employment of the offender who is registering and any other 3154
information required by the bureau of criminal identification and 3155
investigation. 3156

       (3) Regarding an offender or delinquent child who is 3157
registering under a duty imposed under division (A)(1), (2), (3), 3158
or (4) of this section for any reason, if the offender has been 3159
adjudicated a sexual predator relative to the sexually oriented 3160
offense in question, if the delinquent child has been adjudicated 3161
a sexual predator relative to the sexually oriented offense in 3162
question and the court has not subsequently determined pursuant to 3163
section 2152.84 or 2152.85 of the Revised Code that the delinquent 3164
child no longer is a sexual predator, if the judge determined 3165
pursuant to division (C) of section 2950.09 or pursuant to section 3166
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the 3167
offender or delinquent child is a habitual sex offender and the 3168
determination has not been removed pursuant to section 2152.84 or 3169
2152.85 of the Revised Code, or if the offender has the duty to 3170
register as a result of the conviction of or plea of guilty to an 3171
aggravated sexually oriented offense, the offender or delinquent 3172
child also shall include on the signed, written registration form 3173
all of the following information: 3174

       (a) A specific declaration that the person has been 3175
adjudicated a sexual predator, has been determined to be a 3176
habitual sex offender, or was convicted of or pleaded guilty to an 3177
aggravated sexually oriented offense, whichever is applicable; 3178

       (b) If the offender or delinquent child has been adjudicated 3179
a sexual predator, the identification license plate number of each 3180
motor vehicle the offender or delinquent child owns and of each 3181
motor vehicle registered in the offender's or delinquent child's 3182
name. 3183

       (D) After an offender or delinquent child registers with a 3184
sheriff pursuant to this section, the sheriff shall forward the 3185
signed, written registration form and photograph to the bureau of 3186
criminal identification and investigation in accordance with the 3187
forwarding procedures adopted pursuant to section 2950.13 of the 3188
Revised Code. If an offender registers a school, institution of 3189
higher education, or place of employment address, or provides a 3190
school or institution of higher education address under division 3191
(C)(1) of this section, the sheriff also shall provide notice to 3192
the law enforcement agency with jurisdiction over the premises of 3193
the school, institution of higher education, or place of 3194
employment of the offender's name and that the offender has 3195
registered that address as a place at which the offender attends 3196
school or an institution of higher education or at which the 3197
offender is employed. The bureau shall include the information and 3198
materials forwarded to it under this division in the state 3199
registry of sex offenders and child victim offenders established 3200
and maintained under section 2950.13 of the Revised Code. 3201

       (E) No person who is required to register pursuant to 3202
divisions (A) and (B) of this section, and no person who is 3203
required to send a notice of intent to reside pursuant to division 3204
(G) of this section, shall fail to register or send the notice of 3205
intent as required in accordance with those divisions or that 3206
division. 3207

       (F) An offender or delinquent child who is required to 3208
register pursuant to divisions (A) and (B) of this section shall 3209
register pursuant to this section for the period of time specified 3210
in section 2950.07 of the Revised Code. 3211

       (G) If an offender or delinquent child who is required by 3212
division (A) of this section to register is adjudicated a sexual 3213
predator or a habitual sexual offender subject to community 3214
notification under division (C)(2) or (E) of section 2950.09 of 3215
the Revised Code, or if an offender who is required by division 3216
(A) of this section to register has that duty as a result of a 3217
conviction of or plea of guilty to an aggravated sexually oriented 3218
offense, the offender or delinquent child also shall send the 3219
sheriff of the county in which the offender or delinquent child 3220
intends to reside written notice of the offender's or delinquent 3221
child's intent to reside in the county. The offender or delinquent 3222
child shall send the notice of intent to reside at least twenty 3223
days prior to the date the offender or delinquent child begins to 3224
reside in the county. The notice of intent to reside shall contain 3225
the following information: 3226

       (1) The offender's or delinquent child's name; 3227

       (2) The address or addresses at which the offender or 3228
delinquent child intends to reside; 3229

       (3) The sexually oriented offense of which the offender was 3230
convicted, to which the offender pleaded guilty, or for which the 3231
child was adjudicated a delinquent child; 3232

       (4) A statement that the offender has been adjudicated a 3233
sexual predator, a statement that the delinquent child has been 3234
adjudicated a sexual predator and that, as of the date of the 3235
notice, the court has not entered a determination that the 3236
delinquent child no longer is a sexual predator, a statement that 3237
the sentencing or reviewing judge has determined that the offender 3238
or delinquent child is a habitual sex offender and that, as of the 3239
date of the notice, the determination has not been removed 3240
pursuant to section 2152.84 or 2152.85 of the Revised Code, or a 3241
statement that the offender was convicted of or pleaded guilty to 3242
an aggravated sexually oriented offense. 3243

       (H) If, immediately prior to ~~the effective date of this~~ 3244
~~amendment~~July 31, 2003, an offender or delinquent child who was 3245
convicted of, pleaded guilty to, or adjudicated a delinquent child 3246
for committing a sexually oriented offense was required by 3247
division (A) of this section to register and if, on or after ~~the~~ 3248
~~effective date of this amendment~~July 31, 2003, that offense no 3249
longer is a sexually oriented offense but instead is designated a 3250
child-victim oriented offense, division (A)(1)(c) or (2)(b) of 3251
section 2950.041 of the Revised Code applies regarding the 3252
offender or delinquent child and the duty to register that is 3253
imposed pursuant to that division shall be considered, for 3254
purposes of section 2950.07 of the Revised Code and for all other 3255
purposes, to be a continuation of the duty imposed upon the 3256
offender prior to ~~the effective date of this amendment~~July 31, 3257
2003, under this section. 3258

       Sec. 2950.041. (A)(1) Each of the following types of 3259
offender who is convicted of or pleads guilty to, or has been 3260
convicted of or pleaded guilty to, a child-victim oriented offense 3261
shall register personally with the sheriff of the county within 3262
five days of the offender's coming into a county in which the 3263
offender resides or temporarily is domiciled for more than five 3264
days, shall register personally with the sheriff of the county 3265
immediately upon coming into a county in which the offender 3266
attends a school or institution of higher education on a full-time 3267
or part-time basis regardless of whether the offender resides or 3268
has a temporary domicile in this state or another state, shall 3269
register personally with the sheriff of the county in which the 3270
offender is employed if the offender resides or has a temporary 3271
domicile in this state and has been employed in that county for 3272
more than fourteen days or for an aggregate period of thirty or 3273
more days in that calendar year, shall register personally with 3274
the sheriff of the county in which the offender then is employed 3275
if the offender does not reside or have a temporary domicile in 3276
this state and has been employed at any location or locations in 3277
this state for more than fourteen days or for an aggregate period 3278
of thirty or more days in that calendar year, and shall register 3279
personally with the sheriff or other appropriate person of the 3280
other state immediately upon entering into any state other than 3281
this state in which the offender attends a school or institution 3282
of higher education on a full-time or part-time basis or upon 3283
being employed in any state other than this state for more than 3284
fourteen days or for an aggregate period of thirty or more days in 3285
that calendar year regardless of whether the offender resides or 3286
has a temporary domicile in this state, the other state, or a 3287
different state: 3288

       (a) Regardless of when the child-victim oriented offense was 3289
committed, an offender who is sentenced for the child-victim 3290
oriented offense to a prison term, a term of imprisonment, or any 3291
other type of confinement and, on or after ~~the effective date of~~ 3292
~~this section~~July 31, 2003, is released in any manner from the 3293
prison term, term of imprisonment, or confinement; 3294

       (b) Regardless of when the child-victim oriented offense was 3295
committed, an offender who is sentenced for a child-victim 3296
oriented offense on or after ~~the effective date of this section~~ 3297
July 31, 2003, and to whom division (A)(1)(a) of this section does 3298
not apply; 3299

       (c) If the child-victim oriented offense was committed prior 3300
to ~~the effective date of this section~~July 31, 2003, if the 3301
offense was considered prior to that date to be a sexually 3302
oriented offense, and if neither division (A)(1)(a) nor division 3303
(A)(1)(b) of this section applies, an offender who, immediately 3304
prior to ~~the effective date of this section~~July 31, 2003, was 3305
required to register as a result of conviction of or plea of 3306
guilty to the commission of that offense under section 2950.04 of 3307
the Revised Code. For any offender who is described in this 3308
division, the duty imposed under this division shall be 3309
considered, for purposes of section 2950.07 of the Revised Code 3310
and for all other purposes, to be a continuation of the duty 3311
imposed upon the offender prior to ~~the effective date of this~~ 3312
~~section~~July 31, 2003, under section 2950.04 of the Revised Code. 3313

       (2) Each of the following types of delinquent children shall 3314
register personally with the sheriff of the county within five 3315
days of the delinquent child's coming into a county in which the 3316
delinquent child resides or temporarily is domiciled for more than 3317
five days: 3318

       (a) Regardless of when the child-victim oriented offense was 3319
committed, a child who on or after ~~the effective date of this~~ 3320
~~section~~July 31, 2003, is adjudicated a delinquent child for 3321
committing a child-victim oriented offense and who is classified a 3322
juvenile offender registrant based on that adjudication. If the 3323
delinquent child is committed for the child-victim oriented 3324
offense to the department of youth services or to a secure 3325
facility that is not operated by the department, this duty begins 3326
when the delinquent child is discharged or released in any manner 3327
from custody in a department of youth services secure facility or 3328
from the secure facility that is not operated by the department, 3329
if pursuant to the discharge or release the delinquent child is 3330
not committed to any other secure facility of the department or 3331
any other secure facility. The delinquent child does not have a 3332
duty to register under this division while the child is in a 3333
department of youth services secure facility or in a secure 3334
facility that is not operated by the department. 3335

       (b) If the child-victim oriented offense was committed prior 3336
to ~~the effective date of this section~~July 31, 2003, if the 3337
offense was considered prior to that date to be a sexually 3338
oriented offense, and if division (A)(2)(a) of this section does 3339
not apply, a delinquent child who, immediately prior to ~~the~~ 3340
~~effective date of this section~~July 31, 2003, was classified a 3341
juvenile sex offender registrant and required to register as a 3342
result of a delinquent child adjudication for the commission of 3343
that offense under section 2950.04 of the Revised Code. For any 3344
delinquent child who is described in this division, the duty 3345
imposed under this division shall be considered, for purposes of 3346
section 2950.07 of the Revised Code and for all other purposes, to 3347
be a continuation of the duty imposed upon the delinquent child 3348
prior to ~~the effective date of this section~~July 31, 2003, under 3349
section 2950.04 of the Revised Code. If the delinquent child is 3350
committed for the child-victim oriented offense to the department 3351
of youth services or to a secure facility that is not operated by 3352
the department, the provisions of division (A)(2)(a) of this 3353
section regarding the beginning, and tolling, of a duty imposed 3354
under that division also apply regarding the beginning, and 3355
tolling, of the duty imposed under this division. 3356

       (3) If divisions (A)(1) and (2) of this section do not apply, 3357
each following type of offender and each following type of 3358
delinquent child shall register personally with the sheriff of the 3359
county within five days of the offender's or delinquent child's 3360
coming into a county in which the offender or delinquent child 3361
resides or temporarily is domiciled for more than five days, and 3362
each following type of offender shall register personally with the 3363
sheriff of the county immediately upon coming into a county in 3364
which the offender attends a school or institution of higher 3365
education on a full-time or part-time basis regardless of whether 3366
the offender resides or has a temporary domicile in this state or 3367
another state, shall register personally with the sheriff of the 3368
county in which the offender is employed if the offender resides 3369
or has a temporary domicile in this state and has been employed in 3370
that county for more than fourteen days or for an aggregate period 3371
of thirty or more days in that calendar year, and shall register 3372
personally with the sheriff of the county in which the offender 3373
then is employed if the offender does not reside or have a 3374
temporary domicile in this state and has been employed at any 3375
location or locations in this state for more than fourteen days or 3376
for an aggregate period of thirty or more days in that calendar 3377
year: 3378

       (a) Regardless of when the child-victim oriented offense was 3379
committed, a person who is convicted, pleads guilty, or 3380
adjudicated a delinquent child in a court in another state, in a 3381
federal court, military court, or Indian tribal court, or in a 3382
court in any nation other than the United States for committing a 3383
child-victim oriented offense, if, on or after ~~the effective date~~ 3384
~~of this section~~July 31, 2003, the offender or delinquent child 3385
moves to and resides in this state or temporarily is domiciled in 3386
this state for more than five days, the offender enters this state 3387
to attend any school or institution of higher education on a 3388
full-time or part-time basis, or the offender is employed in this 3389
state for more than fourteen days or for an aggregate period of 3390
thirty or more days in any calendar year, and if, at the time the 3391
offender or delinquent child moves to and resides in this state or 3392
temporarily is domiciled in this state for more than five days, 3393
the offender enters this state to attend the school or institution 3394
of higher education, or the offender is employed in this state for 3395
more than the specified period of time, the offender or delinquent 3396
child has a duty to register as a child-victim offender or sex 3397
offender under the law of that other jurisdiction as a result of 3398
the conviction, guilty plea, or adjudication. 3399

       (b) Regardless of when the child-victim oriented offense was 3400
committed, a person who is convicted, pleads guilty, or 3401
adjudicated a delinquent child in a court in another state, in a 3402
federal court, military court, or Indian tribal court, or in a 3403
court in any nation other than the United States for committing a 3404
child-victim oriented offense, if, on or after ~~the effective date~~ 3405
~~of this section~~July 31, 2003, the offender or delinquent child is 3406
released from imprisonment, confinement, or detention imposed for 3407
that offense, and if, on or after ~~the effective date of this~~ 3408
~~section~~July 31, 2003, the offender or delinquent child moves to 3409
and resides in this state or temporarily is domiciled in this 3410
state for more than five days, the offender enters this state to 3411
attend any school or institution of higher education on a 3412
full-time or part-time basis, or the offender is employed in this 3413
state for more than fourteen days or for an aggregate period of 3414
thirty or more days in any calendar year. The duty to register as 3415
described in this division applies to an offender regardless of 3416
whether the offender, at the time of moving to and residing in 3417
this state or temporarily being domiciled in this state for more 3418
than five days, at the time of entering into this state to attend 3419
the school or institution of higher education, or at the time of 3420
being employed in this state for more than the specified period of 3421
time, has a duty to register as a child-victim offender or sex 3422
offender under the law of the jurisdiction in which the conviction 3423
or guilty plea occurred. The duty to register as described in this 3424
division applies to a delinquent child only if the delinquent 3425
child, at the time of moving to and residing in this state or 3426
temporarily being domiciled in this state for more than five days, 3427
has a duty to register as a child-victim offender or sex offender 3428
under the law of the jurisdiction in which the delinquent child 3429
adjudication occurred or if, had the delinquent child adjudication 3430
occurred in this state, the adjudicating juvenile court judge 3431
would have been required to issue an order classifying the 3432
delinquent child as a juvenile offender registrant pursuant to 3433
section 2152.82 or division (A) of section 2152.83 of the Revised 3434
Code. 3435

       (4) If neither division (A)(1)~~(a)~~, (2), nor (3) of this 3436
section applies and if~~, subsequent to the offender's release,~~ the 3437
offender is adjudicated a child-victim predator under division (C) 3438
of section ~~2950.09~~2950.091 of the Revised Code, the offender 3439
shall register within five days of the adjudication with the 3440
sheriff of the county in which the offender resides or temporarily 3441
is domiciled for more than five days, shall register with the 3442
sheriff of any county in which the offender subsequently resides 3443
or temporarily is domiciled for more than five days within five 3444
days of coming into that county, shall register within five days 3445
of the adjudication with the sheriff of the county in which the 3446
offender attends any school or institution of higher education on 3447
a full-time or part-time basis or in which the offender is 3448
employed if the offender has been employed in that county for more 3449
than fourteen days or for an aggregate period of thirty or more 3450
days in that calendar year regardless of whether the offender 3451
resides or has temporary domicile in this state or another state, 3452
and shall register within five days of the adjudication with the 3453
sheriff or other appropriate person of any state other than this 3454
state in which the offender attends a school or institution of 3455
higher education on a full-time or part-time basis or in which the 3456
offender then is employed if the offender has been employed in 3457
this state for more than fourteen days or for an aggregate period 3458
of thirty or more days in any calendar year regardless of whether 3459
the offender resides or has temporary domicile in this state, the 3460
other state, or a different state. 3461

       (5) A person who is adjudicated a delinquent child for 3462
committing a child-victim oriented offense is not required to 3463
register under division (A)(2) of this section unless the 3464
delinquent child committed the offense on or after ~~the effective~~ 3465
~~date of this section~~July 31, 2003, is classified a juvenile 3466
offender registrant by a juvenile court judge pursuant to an order 3467
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 of the 3468
Revised Code based on that adjudication, and has a duty to 3469
register pursuant to division (A)(2) of this section. 3470

       (B) An offender or delinquent child who is required by 3471
division (A) of this section to register in this state personally 3472
shall do so in the manner described in division (B) of section 3473
2950.04 of the Revised Code, and the registration is complete as 3474
described in that division. 3475

       (C) The registration form to be used under divisions (A) and 3476
(B) of this section shall include the photograph of the offender 3477
or delinquent child who is registering and shall contain all of 3478
the following: 3479

       (1) Regarding an offender or delinquent child who is 3480
registering under a duty imposed under division (A)(1), (2), (3), 3481
or (4) of this section as a result of the offender or delinquent 3482
child residing in this state or temporarily being domiciled in 3483
this state for more than five days, all of the information 3484
described in division (C)(1) of section 2950.04 of the Revised 3485
Code; 3486

       (2) Regarding an offender who is registering under a duty 3487
imposed under division (A)(1), (3), or (4) of this section as a 3488
result of the offender attending a school or institution of higher 3489
education on a full-time or part-time basis or being employed in 3490
this state or in a particular county in this state, whichever is 3491
applicable, for more than fourteen days or for an aggregate of 3492
thirty or more days in any calendar year, all of the information 3493
described in division (C)(2) of section 2950.04 of the Revised 3494
Code; 3495

       (3) Regarding an offender or delinquent child who is 3496
registering under a duty imposed under division (A)(1), (2), (3), 3497
or (4) of this section, if the offender has been adjudicated a 3498
child-victim predator relative to the child-victim oriented 3499
offense in question, if the delinquent child has been adjudicated 3500
a child-victim predator relative to the child-victim oriented 3501
offense in question and the court has not subsequently determined 3502
pursuant to section 2152.84 or 2152.85 of the Revised Code that 3503
the delinquent child no longer is a child-victim predator, if the 3504
offender or delinquent child is automatically classified a 3505
habitual child-victim offender under division (E) of section 3506
2950.091 of the Revised Code, or if the judge determined pursuant 3507
to division (C) or (E) of section 2950.091 or pursuant to section 3508
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the 3509
offender or delinquent child is a habitual child-victim offender 3510
and the determination has not been removed pursuant to section 3511
2152.84 or 2152.85 of the Revised Code, the offender or delinquent 3512
child shall include on the signed, written registration form all 3513
of the information described in division (C)(3) of section 2950.04 3514
of the Revised Code. 3515

       (D) Division (D) of section 2950.04 of the Revised Code 3516
applies when an offender or delinquent child registers with a 3517
sheriff pursuant to this section. 3518

       (E) No person who is required to register pursuant to 3519
divisions (A) and (B) of this section, and no person who is 3520
required to send a notice of intent to reside pursuant to division 3521
(G) of this section, shall fail to register or send the notice as 3522
required in accordance with those divisions or that division. 3523

       (F) An offender or delinquent child who is required to 3524
register pursuant to divisions (A) and (B) of this section shall 3525
register pursuant to this section for the period of time specified 3526
in section 2950.07 of the Revised Code. 3527

       (G) If an offender or delinquent child who is required by 3528
division (A) of this section to register is adjudicated a 3529
child-victim predator or a habitual child-victim offender subject 3530
to community notification under division (C)(2) or (E) of section 3531
~~2950.09~~2950.091 of the Revised Code, the offender or delinquent 3532
child also shall send the sheriff of the county in which the 3533
offender or delinquent child intends to reside written notice of 3534
the offender's or delinquent child's intent to reside in the 3535
county. The offender or delinquent child shall send the notice of 3536
intent to reside at least twenty days prior to the date the 3537
offender or delinquent child begins to reside in the county. The 3538
notice of intent to reside shall contain all of the following 3539
information: 3540

       (1) The information specified in divisions (G)(1) and (2) of 3541
section 2950.04 of the Revised Code; 3542

       (2) The child-victim oriented offense of which the offender 3543
was convicted, to which the offender pleaded guilty, or for which 3544
the child was adjudicated a delinquent child; 3545

       (3) A statement that the offender has been adjudicated a 3546
child-victim predator, a statement that the delinquent child has 3547
been adjudicated a child-victim predator and that, as of the date 3548
of the notice, the court has not entered a determination that the 3549
delinquent child no longer is a child-victim predator, or a 3550
statement that the sentencing or reviewing judge has determined 3551
that the offender or delinquent child is a habitual child-victim 3552
offender and that, as of the date of the notice, the determination 3553
has not been removed pursuant to section 2152.84 or 2152.85 of the 3554
Revised Code. 3555

       Sec. 2950.05. (A) If an offender or delinquent child is 3556
required to register pursuant to section 2950.04 or 2950.041 of 3557
the Revised Code, the offender or delinquent child, at least 3558
twenty days prior to changing the offender's or delinquent child's 3559
residence address, or the offender, at least twenty days prior to 3560
changing the address of the offender's school or institution of 3561
higher education and not later than five days after changing the 3562
address of the offender's place of employment, during the period 3563
during which the offender or delinquent child is required to 3564
register, shall provide written notice of the residence, school, 3565
institution of higher education, or place of employment address 3566
change, as applicable, to the sheriff with whom the offender or 3567
delinquent child most recently registered the address under 3568
section 2950.04 or 2950.041 of the Revised Code or under division 3569
(B) of this section. If a residence address change is not to a 3570
fixed address, the offender or delinquent child shall include in 3571
that notice a detailed description of the place or places at which 3572
the offender or delinquent child intends to stay and, not later 3573
than the end of the first business day immediately following the 3574
day on which the person obtains a fixed residence address, shall 3575
provide that sheriff written notice of that fixed residence 3576
address. If a person whose residence address change is not to a 3577
fixed address describes in a notice under this division the place 3578
or places at which the person intends to stay, for purposes of 3579
divisions (C) to (H) of this section, sections 2950.06 to 2950.13 3580
of the Revised Code, and sections 311.171 and 2919.24 of the 3581
Revised Code, the place or places so described in the notice shall 3582
be considered the person's residence address and registered 3583
residence address, until the person provides the written notice of 3584
a fixed residence address as described in this division. 3585

       (B) If an offender is required to provide notice of a 3586
residence, school, institution of higher education, or place of 3587
employment address change under division (A) of this section, or a 3588
delinquent child is required to provide notice of a residence 3589
address change under that division, the offender or delinquent 3590
child, at least twenty days prior to changing the residence, 3591
school, or institution of higher education address and not later 3592
than five days after changing the place of employment address, as 3593
applicable, also shall register the new address in the manner 3594
described in divisions (B) and (C) of section 2950.04 or 2950.041 3595
of the Revised Code, whichever is applicable, with the sheriff of 3596
the county in which the offender's or delinquent child's new 3597
address is located, subject to division (C) of this section. If a 3598
residence address change is not to a fixed address, the offender 3599
or delinquent child shall include in the registration a detailed 3600
description of the place or places at which the offender or 3601
delinquent child intends to stay and, not later than the end of 3602
the first business day immediately following the day on which the 3603
person obtains a fixed residence address, shall register with that 3604
sheriff that fixed residence address. If a person whose residence 3605
address change is not to a fixed address describes in a 3606
registration under this division the place or places at which the 3607
person intends to stay, for purposes of divisions (C) to (H) of 3608
this section, sections 2950.06 to 2950.13 of the Revised Code, and 3609
sections 311.171 and 2919.24 of the Revised Code, the place or 3610
places so described in the registration shall be considered the 3611
person's residence address and registered residence address, until 3612
the person registers a fixed residence address as described in 3613
this division. 3614

       (C) Divisions (A) and (B) of this section apply to a person 3615
who is required to register pursuant to section 2950.04 or 3616
2950.041 of the Revised Code regardless of whether the new 3617
residence, school, institution of higher education, or place of 3618
employment address is in this state or in another state. If the 3619
new address is in another state, the person shall register with 3620
the appropriate law enforcement officials in that state in the 3621
manner required under the law of that state and within the earlier 3622
of the period of time required under the law of that state or at 3623
least seven days prior to changing the address. 3624

       (D)(1) Upon receiving from an offender or delinquent child 3625
pursuant to division (A) of this section notice of a change of the 3626
offender's residence, school, institution of higher education, or 3627
place of employment address or the delinquent child's residence 3628
address, a sheriff promptly shall forward the new address to the 3629
bureau of criminal identification and investigation in accordance 3630
with the forwarding procedures adopted pursuant to section 2950.13 3631
of the Revised Code if the new address is in another state or, if 3632
the new address is located in another county in this state, to the 3633
sheriff of that county. The bureau shall include all information 3634
forwarded to it under this division in the state registry of sex 3635
offenders and child-victim offenders established and maintained 3636
under section 2950.13 of the Revised Code and shall forward notice 3637
of the offender's or delinquent child's new residence, school, 3638
institution of higher education, or place of employment address, 3639
as applicable, to the appropriate officials in the other state. 3640

       (2) When an offender registers a new residence, school, 3641
institution of higher education, or place of employment address or 3642
a delinquent child registers a new residence address pursuant to 3643
division (B) of this section, the sheriff with whom the offender 3644
or delinquent child registers and the bureau of criminal 3645
identification and investigation shall comply with division (D) of 3646
section 2950.04 or 2950.041 of the Revised Code, whichever is 3647
applicable. 3648

       (E)(1) No person who is required to notify a sheriff of a 3649
change of address pursuant to division (A) of this section shall 3650
fail to notify the appropriate sheriff in accordance with that 3651
division. 3652

       (2) No person who is required to register a new residence, 3653
school, institution of higher education, or place of employment 3654
address with a sheriff or with an official of another state 3655
pursuant to divisions (B) and (C) of this section shall fail to 3656
register with the appropriate sheriff or official of the other 3657
state in accordance with those divisions. 3658

       (F)(1) It is an affirmative defense to a charge of a 3659
violation of division (E)(1) of this section that it was 3660
impossible for the person to provide the written notice to the 3661
sheriff as required under division (A) of this section because of 3662
a lack of knowledge, on the date specified for the provision of 3663
the written notice, of a residence, school, institution of higher 3664
education, or place of employment address change, and that the 3665
person provided notice of the residence, school, institution of 3666
higher education, or place of employment address change to the 3667
sheriff specified in division (A) of this section as soon as 3668
possible, but not later than the end of the first business day, 3669
after learning of the address change by doing either of the 3670
following: 3671

       (a) The person provided notice of the address change to the 3672
sheriff specified in division (A) of this section by telephone 3673
immediately upon learning of the address change or, if the person 3674
did not have reasonable access to a telephone at that time, as 3675
soon as possible, but not later than the end of the first business 3676
day, after learning of the address change and having reasonable 3677
access to a telephone, and the person, as soon as possible, but 3678
not later than the end of the first business day, after providing 3679
notice of the address change to the sheriff by telephone, provided 3680
written notice of the address change to that sheriff. 3681

       (b) The person, as soon as possible, but not later than the 3682
end of the first business day, after learning of the address 3683
change, provided written notice of the address change to the 3684
sheriff specified in division (A) of this section. 3685

       (2) It is an affirmative defense to a charge of a violation 3686
of division (E)(2) of this section that it was impossible for the 3687
person to register the new address with the sheriff or the 3688
official of the other state as required under division (B) or (C) 3689
of this section because of a lack of knowledge, on the date 3690
specified for the registration of the new address, of a residence, 3691
school, institution of higher education, or place of employment 3692
address change, and that the person registered the new residence, 3693
school, institution of higher education, or place of employment 3694
address with the sheriff or the official of the other state 3695
specified in division (B) or (C) of this section as soon as 3696
possible, but not later than the end of the first business day, 3697
after learning of the address change by doing either of the 3698
following: 3699

       (a) The person provided notice of the new address to the 3700
sheriff or official specified in division (B) or (C) of this 3701
section by telephone immediately upon learning of the new address 3702
or, if the person did not have reasonable access to a telephone at 3703
that time, as soon as possible, but not later than the end of the 3704
first business day, after learning of the new address and having 3705
reasonable access to a telephone, and the person, as soon as 3706
possible, but not later than the end of the first business day, 3707
after providing notice of the new address to the sheriff or 3708
official by telephone, registered the new address with that 3709
sheriff or official in accordance with division (B) or (C) of this 3710
section. 3711

       (b) The person, as soon as possible, but not later than the 3712
end of the first business day, after learning of the new address, 3713
registered the new address with the sheriff or official specified 3714
in division (B) or (C) of this section, in accordance with that 3715
division. 3716

       (G) An offender or delinquent child who is required to comply 3717
with divisions (A), (B), and (C) of this section shall do so for 3718
the period of time specified in section 2950.07 of the Revised 3719
Code. 3720

       (H) As used in this section, and in all other sections of the 3721
Revised Code that refer to the duties imposed on an offender or 3722
delinquent child under this section relative to a change in the 3723
offender's or delinquent child's residence, school, institution of 3724
higher education, or place of employment address, "change in 3725
address" includes any circumstance in which the old address for 3726
the person in question no longer is accurate, regardless of 3727
whether the person in question has a new address. 3728

       Sec. 2950.09. (A) If a person is convicted of or pleads 3729
guilty to committing, on or after January 1, 1997, a sexually 3730
oriented offense that is not a registration-exempt sexually 3731
oriented offense, and ~~that~~if the sexually oriented offense is a 3732
~~sexually~~ violent sex offense ~~and also is convicted of or pleads~~ 3733
~~guilty to~~or a designated homicide, assault, or kidnapping offense 3734
and the offender is adjudicated a sexually violent predator 3735
~~specification that was included in the indictment, count in the~~ 3736
~~indictment, or information charging the sexually violent~~in 3737
relation to that offense, the conviction of or plea of guilty to 3738
the ~~specification~~offense and the adjudication as a sexually 3739
violent predator automatically classifies the offender as a sexual 3740
predator for purposes of this chapter. If a person is convicted, 3741
pleads guilty, or adjudicated a delinquent child, in a court in 3742
another state, in a federal court, military court, or Indian 3743
tribal court, or in a court of any nation other than the United 3744
States for committing a sexually oriented offense that is not a 3745
registration-exempt sexually oriented offense, and if, as a result 3746
of that conviction, plea of guilty, or adjudication, the person is 3747
required, under the law of the jurisdiction in which the person 3748
was convicted, pleaded guilty, or was adjudicated, to register as 3749
a sex offender until the person's death, that conviction, plea of 3750
guilty, or adjudication automatically classifies the person as a 3751
sexual predator for the purposes of this chapter, but the person 3752
may challenge that classification pursuant to division (F) of this 3753
section. In all other cases, a person who is convicted of or 3754
pleads guilty to, has been convicted of or pleaded guilty to, or 3755
is adjudicated a delinquent child for committing, a sexually 3756
oriented offense may be classified as a sexual predator for 3757
purposes of this chapter only in accordance with division (B) or 3758
(C) of this section or, regarding delinquent children, divisions 3759
(B) and (C) of section 2152.83 of the Revised Code. 3760

       (B)(1)(a) The judge who is to impose sentence on a person who 3761
is convicted of or pleads guilty to a sexually oriented offense 3762
that is not a registration-exempt sexually oriented offense shall 3763
conduct a hearing to determine whether the offender is a sexual 3764
predator if any of the following circumstances apply: 3765

       (i) Regardless of when the sexually oriented offense was 3766
committed, the offender is to be sentenced on or after January 1, 3767
1997, for a sexually oriented offense that is not a 3768
registration-exempt sexually oriented offense and that is not a 3769
sexually violent offense. 3770

       (ii) Regardless of when the sexually oriented offense was 3771
committed, the offender is to be sentenced on or after January 1, 3772
1997, for a sexually oriented offense that is not a 3773
registration-exempt sexually oriented offense, and ~~that~~either of 3774
the following applies: the sexually oriented offense is a ~~sexually~~ 3775
violent sex offense, and a sexually violent predator specification 3776
was not included in the indictment, count in the indictment, or 3777
information charging the ~~sexually~~ violent sex offense; or the 3778
sexually oriented offense is a designated homicide, assault, or 3779
kidnapping offense and either a sexual motivation specification or 3780
a sexually violent predator specification, or both such 3781
specifications, were not included in the indictment, count in the 3782
indictment, or information charging the designated homicide, 3783
assault, or kidnapping offense. 3784

       (iii) Regardless of when the sexually oriented offense was 3785
committed, the offender is to be sentenced on or after May 7, 3786
2002, for a sexually oriented offense that is not a 3787
registration-exempt sexually oriented offense, and that offender 3788
was acquitted of a sexually violent predator specification that 3789
was included in the indictment, count in the indictment, or 3790
information charging the sexually oriented offense. 3791

       (b) The judge who is to impose or has imposed an order of 3792
disposition upon a child who is adjudicated a delinquent child for 3793
committing on or after January 1, 2002, a sexually oriented 3794
offense that is not a registration-exempt sexually oriented 3795
offense shall conduct a hearing as provided in this division to 3796
determine whether the child is to be classified as a sexual 3797
predator if either of the following applies: 3798

       (i) The judge is required by section 2152.82 or division (A) 3799
of section 2152.83 of the Revised Code to classify the child a 3800
juvenile offender registrant. 3801

       (ii) Division (B) of section 2152.83 of the Revised Code 3802
applies regarding the child, the judge conducts a hearing under 3803
that division for the purposes described in that division, and the 3804
judge determines at that hearing that the child will be classified 3805
a juvenile offender registrant. 3806

       (2) Regarding an offender, the judge shall conduct the 3807
hearing required by division (B)(1)(a) of this section prior to 3808
sentencing and, if the sexually oriented offense for which 3809
sentence is to be imposed is a felony and if the hearing is being 3810
conducted under division (B)(1)(a) of this section, the judge may 3811
conduct it as part of the sentencing hearing required by section 3812
2929.19 of the Revised Code. Regarding a delinquent child, the 3813
judge may conduct the hearing required by division (B)(1)(b) of 3814
this section at the same time as, or separate from, the 3815
dispositional hearing, as specified in the applicable provision of 3816
section 2152.82 or 2152.83 of the Revised Code. The court shall 3817
give the offender or delinquent child and the prosecutor who 3818
prosecuted the offender or handled the case against the delinquent 3819
child for the sexually oriented offense notice of the date, time, 3820
and location of the hearing. At the hearing, the offender or 3821
delinquent child and the prosecutor shall have an opportunity to 3822
testify, present evidence, call and examine witnesses and expert 3823
witnesses, and cross-examine witnesses and expert witnesses 3824
regarding the determination as to whether the offender or 3825
delinquent child is a sexual predator. The offender or delinquent 3826
child shall have the right to be represented by counsel and, if 3827
indigent, the right to have counsel appointed to represent the 3828
offender or delinquent child. 3829

       (3) In making a determination under divisions (B)(1) and (4) 3830
of this section as to whether an offender or delinquent child is a 3831
sexual predator, the judge shall consider all relevant factors, 3832
including, but not limited to, all of the following: 3833

       (a) The offender's or delinquent child's age; 3834

       (b) The offender's or delinquent child's prior criminal or 3835
delinquency record regarding all offenses, including, but not 3836
limited to, all sexual offenses; 3837

       (c) The age of the victim of the sexually oriented offense 3838
for which sentence is to be imposed or the order of disposition is 3839
to be made; 3840

       (d) Whether the sexually oriented offense for which sentence 3841
is to be imposed or the order of disposition is to be made 3842
involved multiple victims; 3843

       (e) Whether the offender or delinquent child used drugs or 3844
alcohol to impair the victim of the sexually oriented offense or 3845
to prevent the victim from resisting; 3846

       (f) If the offender or delinquent child previously has been 3847
convicted of or pleaded guilty to, or been adjudicated a 3848
delinquent child for committing an act that if committed by an 3849
adult would be, a criminal offense, whether the offender or 3850
delinquent child completed any sentence or dispositional order 3851
imposed for the prior offense or act and, if the prior offense or 3852
act was a sex offense or a sexually oriented offense, whether the 3853
offender or delinquent child participated in available programs 3854
for sexual offenders; 3855

       (g) Any mental illness or mental disability of the offender 3856
or delinquent child; 3857

       (h) The nature of the offender's or delinquent child's sexual 3858
conduct, sexual contact, or interaction in a sexual context with 3859
the victim of the sexually oriented offense and whether the sexual 3860
conduct, sexual contact, or interaction in a sexual context was 3861
part of a demonstrated pattern of abuse; 3862

       (i) Whether the offender or delinquent child, during the 3863
commission of the sexually oriented offense for which sentence is 3864
to be imposed or the order of disposition is to be made, displayed 3865
cruelty or made one or more threats of cruelty; 3866

       (j) Any additional behavioral characteristics that contribute 3867
to the offender's or delinquent child's conduct. 3868

       (4) After reviewing all testimony and evidence presented at 3869
the hearing conducted under division (B)(1) of this section and 3870
the factors specified in division (B)(3) of this section, the 3871
court shall determine by clear and convincing evidence whether the 3872
subject offender or delinquent child is a sexual predator. If the 3873
court determines that the subject offender or delinquent child is 3874
not a sexual predator, the court shall specify in the offender's 3875
sentence and the judgment of conviction that contains the sentence 3876
or in the delinquent child's dispositional order, as appropriate, 3877
that the court has determined that the offender or delinquent 3878
child is not a sexual predator and the reason or reasons why the 3879
court determined that the subject offender or delinquent child is 3880
not a sexual predator. If the court determines by clear and 3881
convincing evidence that the subject offender or delinquent child 3882
is a sexual predator, the court shall specify in the offender's 3883
sentence and the judgment of conviction that contains the sentence 3884
or in the delinquent child's dispositional order, as appropriate, 3885
that the court has determined that the offender or delinquent 3886
child is a sexual predator and shall specify that the 3887
determination was pursuant to division (B) of this section. In any 3888
case in which the sexually oriented offense in question is an 3889
aggravated sexually oriented offense, the court shall specify in 3890
the offender's sentence and the judgment of conviction that 3891
contains the sentence that the offender's offense is an aggravated 3892
sexually oriented offense. The offender or delinquent child and 3893
the prosecutor who prosecuted the offender or handled the case 3894
against the delinquent child for the sexually oriented offense in 3895
question may appeal as a matter of right the court's determination 3896
under this division as to whether the offender or delinquent child 3897
is, or is not, a sexual predator. 3898

       (5) A hearing shall not be conducted under division (B) of 3899
this section regarding an offender if the sexually oriented 3900
offense in question is a sexually violent offense, if the 3901
indictment, count in the indictment, or information charging the 3902
offense also included a sexually violent predator specification, 3903
and if the offender is convicted of or pleads guilty to that 3904
sexually violent predator specification. 3905

       (C)(1) If a person was convicted of or pleaded guilty to a 3906
sexually oriented offense that is not a registration-exempt 3907
sexually oriented offense prior to January 1, 1997, if the person 3908
was not sentenced for the offense on or after January 1, 1997, and 3909
if, on or after January 1, 1997, the offender is serving a term of 3910
imprisonment in a state correctional institution, the department 3911
of rehabilitation and correction shall do whichever of the 3912
following is applicable: 3913

       (a) If the sexually oriented offense was an offense described 3914
in division (D)(1)(c) of section 2950.01 of the Revised Code or 3915
was a violent sex offense, the department shall notify the court 3916
that sentenced the offender of this fact, and the court shall 3917
conduct a hearing to determine whether the offender is a sexual 3918
predator. 3919

       (b) If division (C)(1)(a) of this section does not apply, the 3920
department shall determine whether to recommend that the offender 3921
be adjudicated a sexual predator. In making a determination under 3922
this division as to whether to recommend that the offender be 3923
adjudicated a sexual predator, the department shall consider all 3924
relevant factors, including, but not limited to, all of the 3925
factors specified in divisions (B)(2) and (3) of this section. If 3926
the department determines that it will recommend that the offender 3927
be adjudicated a sexual predator, it immediately shall send the 3928
recommendation to the court that sentenced the offender. If the 3929
department determines that it will not recommend that the offender 3930
be adjudicated a sexual predator, it immediately shall send its 3931
determination to the court that sentenced the offender. In all 3932
cases, the department shall enter its determination and 3933
recommendation in the offender's institutional record, and the 3934
court shall proceed in accordance with division (C)(2) of this 3935
section. 3936

       (2)(a) If the department of rehabilitation and correction 3937
sends to a court a notice under division (C)(1)(a) of this 3938
section, the court shall conduct a hearing to determine whether 3939
the subject offender is a sexual predator. If, pursuant to 3940
division (C)(1)(b) of this section, the department sends to a 3941
court a recommendation that an offender be adjudicated a sexual 3942
predator, the court is not bound by the department's 3943
recommendation, and the court shall conduct a hearing to determine 3944
whether the offender is a sexual predator. In any case, the court 3945
shall not make a determination as to whether the offender is, or 3946
is not, a sexual predator without a hearing. The court may hold 3947
the hearing and make the determination prior to the offender's 3948
release from imprisonment or at any time within one year following 3949
the offender's release from that imprisonment. 3950

       (b) If, pursuant to division (C)(1)(b) of this section, the 3951
department sends to the court a determination that it is not 3952
recommending that an offender be adjudicated a sexual predator, 3953
the court shall not make any determination as to whether the 3954
offender is, or is not, a sexual predator but shall determine 3955
whether the offender previously has been convicted of or pleaded 3956
guilty to a sexually oriented offense other than the offense in 3957
relation to which the department made its determination or 3958
previously has been convicted of or pleaded guilty to a 3959
child-victim oriented offense. 3960

       The court may conduct a hearing to determine whether the 3961
offender previously has been convicted of or pleaded guilty to a 3962
sexually oriented offense or a child-victim oriented offense but 3963
may make the determination without a hearing. However, if the 3964
court determines that the offender previously has been convicted 3965
of or pleaded guilty to such an offense, it shall not impose a 3966
requirement that the offender be subject to the community 3967
notification provisions contained in sections 2950.10 and 2950.11 3968
of the Revised Code without a hearing. In determining whether to 3969
impose the community notification requirement, the court, in the 3970
circumstances described in division (E)(2) of this section, shall 3971
apply the presumption specified in that division. The court shall 3972
include in the offender's institutional record any determination 3973
made under this division as to whether the offender previously has 3974
been convicted of or pleaded guilty to a sexually oriented offense 3975
or child-victim oriented offense, and, as such, whether the 3976
offender is a habitual sex offender. 3977

        (c) Upon scheduling a hearing under division (C)(2)(a) or (b) 3978
of this section, the court shall give the offender and the 3979
prosecutor who prosecuted the offender for the sexually oriented 3980
offense, or that prosecutor's successor in office, notice of the 3981
date, time, and place of the hearing. If the hearing is scheduled 3982
under division (C)(2)(a) of this section to determine whether the 3983
offender is a sexual predator, the prosecutor who is given the 3984
notice may contact the department of rehabilitation and correction 3985
and request that the department provide to the prosecutor all 3986
information the department possesses regarding the offender that 3987
is relevant and necessary for use in making the determination as 3988
to whether the offender is a sexual predator and that is not 3989
privileged or confidential under law. If the prosecutor makes a 3990
request for that information, the department promptly shall 3991
provide to the prosecutor all information the department possesses 3992
regarding the offender that is not privileged or confidential 3993
under law and that is relevant and necessary for making that 3994
determination. A hearing scheduled under division (C)(2)(a) of 3995
this section to determine whether the offender is a sexual 3996
predator shall be conducted in the manner described in division 3997
(B)(1) of this section regarding hearings conducted under that 3998
division and, in making a determination under this division as to 3999
whether the offender is a sexual predator, the court shall 4000
consider all relevant factors, including, but not limited to, all 4001
of the factors specified in divisions (B)(2) and (3) of this 4002
section. After reviewing all testimony and evidence presented at 4003
the sexual predator hearing and the factors specified in divisions 4004
(B)(2) and (3) of this section, the court shall determine by clear 4005
and convincing evidence whether the offender is a sexual predator. 4006
If the court determines at the sexual predator hearing that the 4007
offender is not a sexual predator, it also shall determine whether 4008
the offender previously has been convicted of or pleaded guilty to 4009
a sexually oriented offense other than the offense in relation to 4010
which the hearing is being conducted. 4011

       Upon making its determinations at the sexual predator 4012
hearing, the court shall proceed as follows: 4013

       (i) If the court determines that the offender is not a sexual 4014
predator and that the offender previously has not been convicted 4015
of or pleaded guilty to a sexually oriented offense other than the 4016
offense in relation to which the hearing is being conducted and 4017
previously has not been convicted of or pleaded guilty to a 4018
child-victim oriented offense, it shall include in the offender's 4019
institutional record its determinations and the reason or reasons 4020
why it determined that the offender is not a sexual predator. 4021

       (ii) If the court determines that the offender is not a 4022
sexual predator but that the offender previously has been 4023
convicted of or pleaded guilty to a sexually oriented offense 4024
other than the offense in relation to which the hearing is being 4025
conducted or previously has been convicted of or pleaded guilty to 4026
a child-victim oriented offense, it shall include in the 4027
offender's institutional record its determination that the 4028
offender is not a sexual predator but is a habitual sex offender 4029
and the reason or reasons why it determined that the offender is 4030
not a sexual predator, shall attach the determinations and the 4031
reason or reasons to the offender's sentence, shall specify that 4032
the determinations were pursuant to division (C) of this section, 4033
shall provide a copy of the determinations and the reason or 4034
reasons to the offender, to the prosecuting attorney, and to the 4035
department of rehabilitation and correction, and may impose a 4036
requirement that the offender be subject to the community 4037
notification provisions contained in sections 2950.10 and 2950.11 4038
of the Revised Code. In determining whether to impose the 4039
community notification requirements, the court, in the 4040
circumstances described in division (E)(2) of this section, shall 4041
apply the presumption specified in that division. The offender 4042
shall not be subject to those community notification provisions 4043
relative to the sexually oriented offense in question if the court 4044
does not so impose the requirement described in this division. If 4045
the court imposes that requirement, the offender may appeal the 4046
judge's determination that the offender is a habitual sex 4047
offender. 4048

       (iii) If the court determines by clear and convincing 4049
evidence that the offender is a sexual predator, it shall enter 4050
its determination in the offender's institutional record, shall 4051
attach the determination to the offender's sentence, shall specify 4052
that the determination was pursuant to division (C) of this 4053
section, and shall provide a copy of the determination to the 4054
offender, to the prosecuting attorney, and to the department of 4055
rehabilitation and correction. The offender and the prosecutor may 4056
appeal as a matter of right the judge's determination under 4057
divisions (C)(2)(a) and (c) of this section as to whether the 4058
offender is, or is not, a sexual predator. 4059

       If the hearing is scheduled under division (C)(2)(b) of this 4060
section to determine whether the offender previously has been 4061
convicted of or pleaded guilty to a sexually oriented offense or a 4062
child-victim oriented offense or whether to subject the offender 4063
to the community notification provisions contained in sections 4064
2950.10 and 2950.11 of the Revised Code, upon making the 4065
determination, the court shall attach the determination or 4066
determinations to the offender's sentence, shall provide a copy to 4067
the offender, to the prosecuting attorney, and to the department 4068
of rehabilitation and correction and may impose a requirement that 4069
the offender be subject to the community notification provisions. 4070
In determining whether to impose the community notification 4071
requirements, the court, in the circumstances described in 4072
division (E)(2) of this section, shall apply the presumption 4073
specified in that division. The offender shall not be subject to 4074
the community notification provisions relative to the sexually 4075
oriented offense in question if the court does not so impose the 4076
requirement described in this division. If the court imposes that 4077
requirement, the offender may appeal the judge's determination 4078
that the offender is a habitual sex offender. 4079

       (3) The changes made in divisions (C)(1) and (2) of this 4080
section that take effect on ~~the effective date of this amendment~~ 4081
July 31, 2003, do not require a court to conduct a new hearing 4082
under those divisions for any offender regarding a sexually 4083
oriented offense if, prior to ~~the effective date of this amendment~~ 4084
July 31, 2003, the court previously conducted a hearing under 4085
those divisions regarding that offense to determine whether the 4086
offender was a sexual predator. The changes made in divisions 4087
(C)(1) and (2) of this section that take effect on ~~the effective~~ 4088
~~date of this amendment~~July 31, 2003, do not require a court to 4089
conduct a hearing under those divisions for any offender regarding 4090
a sexually oriented offense if, prior to ~~the effective date of~~ 4091
~~this amendment~~July 31, 2003, and pursuant to those divisions, the 4092
department of rehabilitation and correction recommended that the 4093
offender be adjudicated a sexual predator regarding that offense, 4094
and the court denied the recommendation and determined that the 4095
offender was not a sexual predator without a hearing, provided 4096
that this provision does not apply if the sexually oriented 4097
offense in question was an offense described in division (D)(1)(c) 4098
of section 2950.01 of the Revised Code. 4099

       (D)(1) Division (D)(1) of this section does not apply to any 4100
person who has been convicted of or pleaded guilty to a sexually 4101
oriented offense. Division (D) of this section applies only to 4102
delinquent children as provided in Chapter 2152. of the Revised 4103
Code. A person who has been adjudicated a delinquent child for 4104
committing a sexually oriented offense that is not a 4105
registration-exempt sexually oriented offense and who has been 4106
classified by a juvenile court judge a juvenile offender 4107
registrant or, if applicable, additionally has been determined by 4108
a juvenile court judge to be a sexual predator or habitual sex 4109
offender, may petition the adjudicating court for a 4110
reclassification or declassification pursuant to section 2152.85 4111
of the Revised Code. 4112

        A judge who is reviewing a sexual predator determination for 4113
a delinquent child under section 2152.84 or 2152.85 of the Revised 4114
Code shall comply with this section. At the hearing, the judge 4115
shall consider all relevant evidence and information, including, 4116
but not limited to, the factors set forth in division (B)(3) of 4117
this section. The judge shall not enter a determination that the 4118
delinquent child no longer is a sexual predator unless the judge 4119
determines by clear and convincing evidence that the delinquent 4120
child is unlikely to commit a sexually oriented offense in the 4121
future. If the judge enters a determination under this division 4122
that the delinquent child no longer is a sexual predator, the 4123
judge shall notify the bureau of criminal identification and 4124
investigation of the determination and shall include in the notice 4125
a statement of the reason or reasons why it determined that the 4126
delinquent child no longer is a sexual predator. Upon receipt of 4127
the notification, the bureau promptly shall notify the sheriff 4128
with whom the delinquent child most recently registered under 4129
section 2950.04 or 2950.05 of the Revised Code of the 4130
determination that the delinquent child no longer is a sexual 4131
predator. 4132

       (2) If an offender who has been convicted of or pleaded 4133
guilty to a sexually oriented offense is classified a sexual 4134
predator pursuant to division (A) of this section or has been 4135
adjudicated a sexual predator relative to the offense as described 4136
in division (B) or (C) of this section, subject to division (F) of 4137
this section, the classification or adjudication of the offender 4138
as a sexual predator is permanent and continues in effect until 4139
the offender's death and in no case shall the classification or 4140
adjudication be removed or terminated. 4141

       (E)(1) If a person is convicted of or pleads guilty to 4142
committing, on or after January 1, 1997, a sexually oriented 4143
offense that is not a registration-exempt sexually oriented 4144
offense, the judge who is to impose sentence on the offender shall 4145
determine, prior to sentencing, whether the offender previously 4146
has been convicted of or pleaded guilty to, or adjudicated a 4147
delinquent child for committing, a sexually oriented offense or a 4148
child-victim oriented offense and is a habitual sex offender. The 4149
judge who is to impose or has imposed an order of disposition upon 4150
a child who is adjudicated a delinquent child for committing on or 4151
after January 1, 2002, a sexually oriented offense that is not a 4152
registration-exempt sexually oriented offense shall determine, 4153
prior to entering the order classifying the delinquent child a 4154
juvenile offender registrant, whether the delinquent child 4155
previously has been convicted of or pleaded guilty to, or 4156
adjudicated a delinquent child for committing, a sexually oriented 4157
offense or a child-victim oriented offense and is a habitual sex 4158
offender, if either of the following applies: 4159

       (a) The judge is required by section 2152.82 or division (A) 4160
of section 2152.83 of the Revised Code to classify the child a 4161
juvenile offender registrant; 4162

       (b) Division (B) of section 2152.83 of the Revised Code 4163
applies regarding the child, the judge conducts a hearing under 4164
that division for the purposes described in that division, and the 4165
judge determines at that hearing that the child will be classified 4166
a juvenile offender registrant. 4167

       (2) If, under division (E)(1) of this section, the judge 4168
determines that the offender or delinquent child previously has 4169
not been convicted of or pleaded guilty to, or been adjudicated a 4170
delinquent child for committing, a sexually oriented offense or a 4171
child-victim oriented offense or that the offender otherwise does 4172
not satisfy the criteria for being a habitual sex offender, the 4173
judge shall specify in the offender's sentence or in the order 4174
classifying the delinquent child a juvenile offender registrant 4175
that the judge has determined that the offender or delinquent 4176
child is not a habitual sex offender. 4177

       If, under division (E)(1) of this section, the judge 4178
determines that the offender or delinquent child previously has 4179
been convicted of or pleaded guilty to, or been adjudicated a 4180
delinquent child for committing, a sexually oriented offense or a 4181
child-victim oriented offense and that the offender satisfies all 4182
other criteria for being a habitual sex offender, the offender or 4183
delinquent child is a habitual sex offender or habitual 4184
child-victim offender and the court shall determine whether to 4185
impose a requirement that the offender or delinquent child be 4186
subject to the community notification provisions contained in 4187
sections 2950.10 and 2950.11 of the Revised Code. In making the 4188
determination regarding the possible imposition of the community 4189
notification requirement, if at least two of the sexually oriented 4190
offenses or child-victim oriented offenses that are the basis of 4191
the habitual sex offender or habitual child-victim offender 4192
determination were committed against a victim who was under 4193
eighteen years of age, it is presumed that subjecting the offender 4194
or delinquent child to the community notification provisions is 4195
necessary in order to comply with the determinations, findings, 4196
and declarations of the general assembly regarding sex offenders 4197
and child-victim offenders that are set forth in section 2950.02 4198
of the Revised Code. When a judge determines as described in this 4199
division that an offender or delinquent child is a habitual sex 4200
offender or a habitual child-victim offender, the judge shall 4201
specify in the offender's sentence and the judgment of conviction 4202
that contains the sentence or in the order classifying the 4203
delinquent child a juvenile offender registrant that the judge has 4204
determined that the offender or delinquent child is a habitual sex 4205
offender and may impose a requirement in that sentence and 4206
judgment of conviction or in that order that the offender or 4207
delinquent child be subject to the community notification 4208
provisions contained in sections 2950.10 and 2950.11 of the 4209
Revised Code. Unless the habitual sex offender also has been 4210
adjudicated a sexual predator relative to the sexually oriented 4211
offense in question or the habitual sex offender was convicted of 4212
or pleaded guilty to an aggravated sexually oriented offense, the 4213
offender or delinquent child shall be subject to those community 4214
notification provisions only if the court imposes the requirement 4215
described in this division in the offender's sentence and the 4216
judgment of conviction or in the order classifying the delinquent 4217
child a juvenile offender registrant. If the court determines 4218
pursuant to this division or division (C)(2) of this section that 4219
an offender is a habitual sex offender, the determination is 4220
permanent and continues in effect until the offender's death, and 4221
in no case shall the determination be removed or terminated. 4222

       If a court in another state, a federal court, military court, 4223
or Indian tribal court, or a court in any nation other than the 4224
United States determines a person to be a habitual sex offender in 4225
that jurisdiction, the person is considered to be determined to be 4226
a habitual sex offender in this state. If the court in the other 4227
state, the federal court, military court, or Indian tribal court, 4228
or the court in the nation other than the United States subjects 4229
the habitual sex offender to community notification regarding the 4230
person's place of residence, the person, as much as is 4231
practicable, is subject to the community notification provisions 4232
regarding the person's place of residence that are contained in 4233
sections 2950.10 and 2950.11 of the Revised Code, unless the court 4234
that so subjected the person to community notification determines 4235
that the person no longer is subject to community notification. 4236

       (F)(1) An offender or delinquent child classified as a sexual 4237
predator may petition the court of common pleas or, for a 4238
delinquent child, the juvenile court of the county in which the 4239
offender or delinquent child resides or temporarily is domiciled 4240
to enter a determination that the offender or delinquent child is 4241
not an adjudicated sexual predator in this state for purposes of 4242
the registration and other requirements of this chapter or the 4243
community notification provisions contained in sections 2950.10 4244
and 2950.11 of the Revised Code if all of the following apply: 4245

       (a) The offender or delinquent child was convicted of, 4246
pleaded guilty to, or was adjudicated a delinquent child for 4247
committing, a sexually oriented offense that is not a 4248
registration-exempt sexually oriented offense in another state, in 4249
a federal court, a military court, or Indian tribal court, or in a 4250
court of any nation other than the United States. 4251

       (b) As a result of the conviction, plea of guilty, or 4252
adjudication described in division (F)(1)(a) of this section, the 4253
offender or delinquent child is required under the law of the 4254
jurisdiction under which the offender or delinquent child was 4255
convicted, pleaded guilty, or was adjudicated to register as a sex 4256
offender until the offender's or delinquent child's death. 4257

       (c) The offender or delinquent child was automatically 4258
classified a sexual predator under division (A) of this section in 4259
relation to the conviction, guilty plea, or adjudication described 4260
in division (F)(1)(a) of this section. 4261

       (2) The court may enter a determination that the offender or 4262
delinquent child filing the petition described in division (F)(1) 4263
of this section is not an adjudicated sexual predator in this 4264
state for purposes of the registration and other requirements of 4265
this chapter or the community notification provisions contained in 4266
sections 2950.10 and 2950.11 of the Revised Code only if the 4267
offender or delinquent child proves by clear and convincing 4268
evidence that the requirement of the other jurisdiction that the 4269
offender or delinquent child register as a sex offender until the 4270
offender's or delinquent child's death is not substantially 4271
similar to a classification as a sexual predator for purposes of 4272
this chapter. If the court enters a determination that the 4273
offender or delinquent child is not an adjudicated sexual predator 4274
in this state for those purposes, the court shall include in the 4275
determination a statement of the reason or reasons why it so 4276
determined. 4277

       (G) If, prior to the effective date of this section, an 4278
offender or delinquent child was adjudicated a sexual predator or 4279
was determined to be a habitual sex offender under this section or 4280
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code 4281
and if, on and after ~~the effective date of this amendment~~July 31, 4282
2003, the sexually oriented offense upon which the classification 4283
or determination was based no longer is considered a sexually 4284
oriented offense but instead is a child-victim oriented offense, 4285
notwithstanding the redesignation of that offense, on and after 4286
~~the effective date of this amendment~~July 31, 2003, all of the 4287
following apply: 4288

       (1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 4289
2950.091 of the Revised Code apply regarding the offender or 4290
child, and the judge's classification or determination made prior 4291
to ~~the effective date of this amendment~~July 31, 2003, shall be 4292
considered for all purposes to be a classification or 4293
determination that classifies the offender or child as described 4294
in those divisions. 4295

       (2) The offender's or child's classification or determination 4296
under divisions (A)(1) or (2) or (E)(1) and (2) of section 4297
2950.091 of the Revised Code shall be considered, for purposes of 4298
section 2950.07 of the Revised Code and for all other purposes, to 4299
be a continuation of the classification or determination made 4300
prior to ~~the effective date of this amendment~~July 31, 2003. 4301

       (3) The offender's or child's duties under this chapter 4302
relative to that classification or determination shall be 4303
considered for all purposes to be a continuation of the duties 4304
related to that classification or determination as they existed 4305
prior to ~~the effective date of this amendment~~July 31, 2003. 4306

       Sec. 2950.11. (A) As used in this section, "specified 4307
geographical notification area" means the geographic area or areas 4308
within which the attorney general, by rule adopted under section 4309
2950.13 of the Revised Code, requires the notice described in 4310
division (B) of this section to be given to the persons identified 4311
in divisions (A)(2) to (8) of this section. If a person is 4312
convicted of or pleads guilty to, or has been convicted of or 4313
pleaded guilty to, either a sexually oriented offense that is not 4314
a registration-exempt sexually oriented offense or a child-victim 4315
oriented offense, or a person is adjudicated a delinquent child 4316
for committing either a sexually oriented offense that is not a 4317
registration-exempt sexually oriented offense or a child-victim 4318
oriented offense and is classified a juvenile offender registrant 4319
or is an out-of-state juvenile offender registrant based on that 4320
adjudication, and if the offender or delinquent child is in any 4321
category specified in division (F)(1)(a), (b), or (c) of this 4322
section, the sheriff with whom the offender or delinquent child 4323
has most recently registered under section 2950.04, 2950.041, or 4324
2950.05 of the Revised Code and the sheriff to whom the offender 4325
or delinquent child most recently sent a notice of intent to 4326
reside under section 2950.04 or 2950.041 of the Revised Code, 4327
within the period of time specified in division (C) of this 4328
section, shall provide a written notice containing the information 4329
set forth in division (B) of this section to all of the persons 4330
described in divisions (A)(1) to (9) of this section. If the 4331
sheriff has sent a notice to the persons described in those 4332
divisions as a result of receiving a notice of intent to reside 4333
and if the offender or delinquent child registers a residence 4334
address that is the same residence address described in the notice 4335
of intent to reside, the sheriff is not required to send an 4336
additional notice when the offender or delinquent child registers. 4337
The sheriff shall provide the notice to all of the following 4338
persons: 4339

       (1)(a) Any occupant of each residential unit that is located 4340
within one thousand feet of the offender's or delinquent child's 4341
residential premises, that is located within the county served by 4342
the sheriff, and that is not located in a multi-unit building. 4343
Division (D)(3) of this section applies regarding notices required 4344
under this division. 4345

       (b) If the offender or delinquent child resides in a 4346
multi-unit building, any occupant of each residential unit that is 4347
located in that multi-unit building and that shares a common 4348
hallway with the offender or delinquent child. For purposes of 4349
this division, an occupant's unit shares a common hallway with the 4350
offender or delinquent child if the entrance door into the 4351
occupant's unit is located on the same floor and opens into the 4352
same hallway as the entrance door to the unit the offender or 4353
delinquent child occupies. Division (D)(3) of this section applies 4354
regarding notices required under this division. 4355

       (c) The building manager, or the person the building owner or 4356
condominium unit owners association authorizes to exercise 4357
management and control, of each multi-unit building that is 4358
located within one thousand feet of the offender's or delinquent 4359
child's residential premises, including a multi-unit building in 4360
which the offender or delinquent child resides, and that is 4361
located within the county served by the sheriff. In addition to 4362
notifying the building manager or the person authorized to 4363
exercise management and control in the multi-unit building under 4364
this division, the sheriff shall post a copy of the notice 4365
prominently in each common entryway in the building and any other 4366
location in the building the sheriff determines appropriate. The 4367
manager or person exercising management and control of the 4368
building shall permit the sheriff to post copies of the notice 4369
under this division as the sheriff determines appropriate. In lieu 4370
of posting copies of the notice as described in this division, a 4371
sheriff may provide notice to all occupants of the multi-unit 4372
building by mail or personal contact; if the sheriff so notifies 4373
all the occupants, the sheriff is not required to post copies of 4374
the notice in the common entryways to the building. Division 4375
(D)(3) of this section applies regarding notices required under 4376
this division. 4377

       (d) All additional persons who are within any category of 4378
neighbors of the offender or delinquent child that the attorney 4379
general by rule adopted under section 2950.13 of the Revised Code 4380
requires to be provided the notice and who reside within the 4381
county served by the sheriff; 4382

       (2) The executive director of the public children services 4383
agency that has jurisdiction within the specified geographical 4384
notification area and that is located within the county served by 4385
the sheriff; 4386

       (3)(a) The superintendent of each board of education of a 4387
school district that has schools within the specified geographical 4388
notification area and that is located within the county served by 4389
the sheriff; 4390

       (b) The principal of the school within the specified 4391
geographical notification area and within the county served by the 4392
sheriff that the delinquent child attends; 4393

       (c) If the delinquent child attends a school outside of the 4394
specified geographical notification area or outside of the school 4395
district where the delinquent child resides, the superintendent of 4396
the board of education of a school district that governs the 4397
school that the delinquent child attends and the principal of the 4398
school that the delinquent child attends. 4399

       (4)(a) The appointing or hiring officer of each chartered 4400
nonpublic school located within the specified geographical 4401
notification area and within the county served by the sheriff or 4402
of each other school located within the specified geographical 4403
notification area and within the county served by the sheriff and 4404
that is not operated by a board of education described in division 4405
(A)(3) of this section; 4406

       (b) Regardless of the location of the school, the appointing 4407
or hiring officer of a chartered nonpublic school that the 4408
delinquent child attends. 4409

       (5) The director, head teacher, elementary principal, or site 4410
administrator of each preschool program governed by Chapter 3301. 4411
of the Revised Code that is located within the specified 4412
geographical notification area and within the county served by the 4413
sheriff; 4414

       (6) The administrator of each child day-care center or type A 4415
family day-care home that is located within the specified 4416
geographical notification area and within the county served by the 4417
sheriff, and the provider of each certified type B family day-care 4418
home that is located within the specified geographical 4419
notification area and within the county served by the sheriff. As 4420
used in this division, "child day-care center," "type A family 4421
day-care home," and "certified type B family day-care home" have 4422
the same meanings as in section 5104.01 of the Revised Code. 4423

       (7) The president or other chief administrative officer of 4424
each institution of higher education, as defined in section 4425
2907.03 of the Revised Code, that is located within the specified 4426
geographical notification area and within the county served by the 4427
sheriff, and the chief law enforcement officer of the state 4428
university law enforcement agency or campus police department 4429
established under section 3345.04 or 1713.50 of the Revised Code, 4430
if any, that serves that institution; 4431

       (8) The sheriff of each county that includes any portion of 4432
the specified geographical notification area; 4433

       (9) If the offender or delinquent child resides within the 4434
county served by the sheriff, the chief of police, marshal, or 4435
other chief law enforcement officer of the municipal corporation 4436
in which the offender or delinquent child resides or, if the 4437
offender or delinquent child resides in an unincorporated area, 4438
the constable or chief of the police department or police district 4439
police force of the township in which the offender or delinquent 4440
child resides. 4441

       (B) The notice required under division (A) of this section 4442
shall include all of the following information regarding the 4443
subject offender or delinquent child: 4444

       (1) The offender's or delinquent child's name; 4445

       (2) The address or addresses of the offender's residence, 4446
school, institution of higher education, or place of employment, 4447
as applicable, or the delinquent child's residence address or 4448
addresses; 4449

       (3) The sexually oriented offense or child-victim oriented 4450
offense of which the offender was convicted, to which the offender 4451
pleaded guilty, or for which the child was adjudicated a 4452
delinquent child; 4453

       (4) All of the following statements that are applicable: 4454

       (a) A statement that the offender has been adjudicated a 4455
sexual predator, a statement that the offender has been convicted 4456
of or pleaded guilty to an aggravated sexually oriented offense, a 4457
statement that the delinquent child has been adjudicated a sexual 4458
predator and that, as of the date of the notice, the court has not 4459
entered a determination that the delinquent child no longer is a 4460
sexual predator, or a statement that the sentencing or reviewing 4461
judge has determined that the offender or delinquent child is a 4462
habitual sex offender and that, as of the date of the notice, the 4463
determination regarding a delinquent child has not been removed 4464
pursuant to section 2152.84 or 2152.85 of the Revised Code; 4465

       (b) A statement that the offender has been adjudicated a 4466
child-victim predator, a statement that the delinquent child has 4467
been adjudicated a child-victim predator and that, as of the date 4468
of the notice, the court has not entered a determination that the 4469
delinquent child no longer is a child-victim predator, or a 4470
statement that the sentencing or reviewing judge has determined 4471
that the offender or delinquent child is a habitual child-victim 4472
offender and that, as of the date of the notice, the determination 4473
regarding a delinquent child has not been removed pursuant to 4474
section 2152.84 or 2152.85 of the Revised Code. 4475

       (C) If a sheriff with whom an offender or delinquent child 4476
registers under section 2950.04, 2950.041, or 2950.05 of the 4477
Revised Code or to whom the offender or delinquent child most 4478
recently sent a notice of intent to reside under section 2950.04 4479
or 2950.041 of the Revised Code is required by division (A) of 4480
this section to provide notices regarding an offender or 4481
delinquent child and if, pursuant to that requirement, the sheriff 4482
provides a notice to a sheriff of one or more other counties in 4483
accordance with division (A)(8) of this section, the sheriff of 4484
each of the other counties who is provided notice under division 4485
(A)(8) of this section shall provide the notices described in 4486
divisions (A)(1) to (7) and (A)(9) of this section to each person 4487
or entity identified within those divisions that is located within 4488
the specified geographical notification area and within the county 4489
served by the sheriff in question. 4490

       (D)(1) A sheriff required by division (A) or (C) of this 4491
section to provide notices regarding an offender or delinquent 4492
child shall provide the notice to the neighbors that are described 4493
in division (A)(1) of this section and the notices to law 4494
enforcement personnel that are described in divisions (A)(8) and 4495
(9) of this section as soon as practicable, but no later than five 4496
days after the offender sends the notice of intent to reside to 4497
the sheriff and again no later than five days after the offender 4498
or delinquent child registers with the sheriff or, if the sheriff 4499
is required by division (C) to provide the notices, no later than 4500
five days after the sheriff is provided the notice described in 4501
division (A)(8) of this section. 4502

       A sheriff required by division (A) or (C) of this section to 4503
provide notices regarding an offender or delinquent child shall 4504
provide the notices to all other specified persons that are 4505
described in divisions (A)(2) to (7) of this section as soon as 4506
practicable, but not later than seven days after the offender or 4507
delinquent child registers with the sheriff or, if the sheriff is 4508
required by division (C) to provide the notices, no later than 4509
five days after the sheriff is provided the notice described in 4510
division (A)(8) of this section. 4511

       (2) If an offender or delinquent child in relation to whom 4512
division (A) of this section applies verifies the offender's or 4513
delinquent child's current residence, school, institution of 4514
higher education, or place of employment address, as applicable, 4515
with a sheriff pursuant to section 2950.06 of the Revised Code, 4516
the sheriff may provide a written notice containing the 4517
information set forth in division (B) of this section to the 4518
persons identified in divisions (A)(1) to (9) of this section. If 4519
a sheriff provides a notice pursuant to this division to the 4520
sheriff of one or more other counties in accordance with division 4521
(A)(8) of this section, the sheriff of each of the other counties 4522
who is provided the notice under division (A)(8) of this section 4523
may provide, but is not required to provide, a written notice 4524
containing the information set forth in division (B) of this 4525
section to the persons identified in divisions (A)(1) to (7) and 4526
(A)(9) of this section. 4527

       (3) A sheriff may provide notice under division (A)(1)(a) or 4528
(b) of this section, and may provide notice under division 4529
(A)(1)(c) of this section to a building manager or person 4530
authorized to exercise management and control of a building, by 4531
mail, by personal contact, or by leaving the notice at or under 4532
the entry door to a residential unit. For purposes of divisions 4533
(A)(1)(a) and (b) of this section, and the portion of division 4534
(A)(1)(c) of this section relating to the provision of notice to 4535
occupants of a multi-unit building by mail or personal contact, 4536
the provision of one written notice per unit is deemed as 4537
providing notice to all occupants of that unit. 4538

       (E) All information that a sheriff possesses regarding a 4539
sexual predator, a habitual sex offender, a child-victim predator, 4540
or a habitual child-victim offender that is described in division 4541
(B) of this section and that must be provided in a notice required 4542
under division (A) or (C) of this section or that may be provided 4543
in a notice authorized under division (D)(2) of this section is a 4544
public record that is open to inspection under section 149.43 of 4545
the Revised Code. 4546

        The sheriff shall not cause to be publicly disseminated by 4547
means of the internet any of the information described in this 4548
division that is provided by a sexual predator, habitual sex 4549
offender, child-victim predator, or habitual child-victim offender 4550
who is a juvenile offender registrant, except when the act that is 4551
the basis of the child's classification as a juvenile offender 4552
registrant is a violation of, or an attempt to commit a violation 4553
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that 4554
was committed with a purpose to gratify the sexual needs or 4555
desires of the child, a violation of section 2907.02 of the 4556
Revised Code, or an attempt to commit a violation of that section. 4557

       (F)(1) The duties to provide the notices described in 4558
divisions (A) and (C) of this section apply regarding any offender 4559
or delinquent child who is in any of the following categories, if 4560
the other criteria set forth in division (A) or (C) of this 4561
section, whichever is applicable, are satisfied: 4562

       (a) The offender or delinquent child has been adjudicated a 4563
sexual predator relative to the sexually oriented offense for 4564
which the offender or delinquent child has the duty to register 4565
under section 2950.04 of the Revised Code or has been adjudicated 4566
a child-victim predator relative to the child-victim oriented 4567
offense for which the offender or child has the duty to register 4568
under section 2950.041 of the Revised Code, and the court has not 4569
subsequently determined pursuant to section 2152.84 or 2152.85 of 4570
the Revised Code regarding a delinquent child that the delinquent 4571
child no longer is a sexual predator or no longer is a 4572
child-victim predator, whichever is applicable. 4573

       (b) The offender or delinquent child has been determined 4574
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, 4575
division (B) of section 2152.83, section 2152.84, or section 4576
2152.85 of the Revised Code to be a habitual sex offender or a 4577
habitual child-victim offender, the court has imposed a 4578
requirement under that division or section subjecting the habitual 4579
sex offender or habitual child-victim offender to this section, 4580
and the determination has not been removed pursuant to section 4581
2152.84 or 2152.85 of the Revised Code regarding a delinquent 4582
child. 4583

       (c) The sexually oriented offense for which the offender has 4584
the duty to register under section 2950.04 of the Revised Code is 4585
an aggravated sexually oriented offense, regardless of whether the 4586
offender has been adjudicated a sexual predator relative to the 4587
offense or has been determined to be a habitual sex offender. 4588

       (2) The notification provisions of this section do not apply 4589
regarding a person who is convicted of or pleads guilty to, has 4590
been convicted of or pleaded guilty to, or is adjudicated a 4591
delinquent child for committing, a sexually oriented offense or a 4592
child-victim oriented offense, who is not in the category 4593
specified in either division (F)(1)(a) or (c) of this section, and 4594
who is determined pursuant to division (C)(2) or (E) of section 4595
2950.09 or 2950.091, division (B) of section 2152.83, section 4596
2152.84, or section 2152.85 of the Revised Code to be a habitual 4597
sex offender or habitual child-victim offender unless the 4598
sentencing or reviewing court imposes a requirement in the 4599
offender's sentence and in the judgment of conviction that 4600
contains the sentence or in the delinquent child's adjudication, 4601
or imposes a requirement as described in division (C)(2) of 4602
section 2950.09 or 2950.091 of the Revised Code, that subjects the 4603
offender or the delinquent child to the provisions of this 4604
section. 4605

       (G) The department of job and family services shall compile, 4606
maintain, and update in January and July of each year, a list of 4607
all agencies, centers, or homes of a type described in division 4608
(A)(2) or (6) of this section that contains the name of each 4609
agency, center, or home of that type, the county in which it is 4610
located, its address and telephone number, and the name of an 4611
administrative officer or employee of the agency, center, or home. 4612
The department of education shall compile, maintain, and update in 4613
January and July of each year, a list of all boards of education, 4614
schools, or programs of a type described in division (A)(3), (4), 4615
or (5) of this section that contains the name of each board of 4616
education, school, or program of that type, the county in which it 4617
is located, its address and telephone number, the name of the 4618
superintendent of the board or of an administrative officer or 4619
employee of the school or program, and, in relation to a board of 4620
education, the county or counties in which each of its schools is 4621
located and the address of each such school. The Ohio board of 4622
regents shall compile, maintain, and update in January and July of 4623
each year, a list of all institutions of a type described in 4624
division (A)(7) of this section that contains the name of each 4625
such institution, the county in which it is located, its address 4626
and telephone number, and the name of its president or other chief 4627
administrative officer. A sheriff required by division (A) or (C) 4628
of this section, or authorized by division (D)(2) of this section, 4629
to provide notices regarding an offender or delinquent child, or a 4630
designee of a sheriff of that type, may request the department of 4631
job and family services, department of education, or Ohio board of 4632
regents, by telephone, in person, or by mail, to provide the 4633
sheriff or designee with the names, addresses, and telephone 4634
numbers of the appropriate persons and entities to whom the 4635
notices described in divisions (A)(2) to (7) of this section are 4636
to be provided. Upon receipt of a request, the department or board 4637
shall provide the requesting sheriff or designee with the names, 4638
addresses, and telephone numbers of the appropriate persons and 4639
entities to whom those notices are to be provided. 4640

       (H)(1) Upon the motion of the offender or the prosecuting 4641
attorney of the county in which the offender was convicted of or 4642
pleaded guilty to the sexually oriented offense or child-victim 4643
oriented offense for which the offender is subject to community 4644
notification under this section, or upon the motion of the 4645
sentencing judge or that judge's successor in office, the judge 4646
may schedule a hearing to determine whether the interests of 4647
justice would be served by suspending the community notification 4648
requirement under this section in relation to the offender. The 4649
judge may dismiss the motion without a hearing but may not issue 4650
an order suspending the community notification requirement without 4651
a hearing. At the hearing, all parties are entitled to be heard, 4652
and the judge shall consider all of the factors set forth in 4653
division (B)(3) of section 2950.09 of the Revised Code. If, at the 4654
conclusion of the hearing, the judge finds that the offender has 4655
proven by clear and convincing evidence that the offender is 4656
unlikely to commit in the future a sexually oriented offense or a 4657
child-victim oriented offense and if the judge finds that 4658
suspending the community notification requirement is in the 4659
interests of justice, the judge may suspend the application of 4660
this section in relation to the offender. The order shall contain 4661
both of these findings. 4662

       The judge promptly shall serve a copy of the order upon the 4663
sheriff with whom the offender most recently registered under 4664
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon 4665
the bureau of criminal identification and investigation. 4666

        An order suspending the community notification requirement 4667
does not suspend or otherwise alter an offender's duties to comply 4668
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4669
Revised Code and does not suspend the victim notification 4670
requirement under section 2950.10 of the Revised Code. 4671

        (2) A prosecuting attorney, a sentencing judge or that 4672
judge's successor in office, and an offender who is subject to the 4673
community notification requirement under this section may 4674
initially make a motion under division (H)(1) of this section upon 4675
the expiration of twenty years after the offender's duty to comply 4676
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4677
Revised Code begins in relation to the offense for which the 4678
offender is subject to community notification. After the initial 4679
making of a motion under division (H)(1) of this section, 4680
thereafter, the prosecutor, judge, and offender may make a 4681
subsequent motion under that division upon the expiration of five 4682
years after the judge has entered an order denying the initial 4683
motion or the most recent motion made under that division. 4684

        (3) The offender and the prosecuting attorney have the right 4685
to appeal an order approving or denying a motion made under 4686
division (H)(1) of this section. 4687

        (4) Division (H) of this section does not apply to any of the 4688
following types of offender: 4689

        (a) A ~~sexually violent predator~~person who is convicted of or 4690
pleads guilty to a violent sex offense or designated homicide, 4691
assault, or kidnapping offense and who, in relation to that 4692
offense, is adjudicated a sexually violent predator; 4693

        (b) A habitual sex offender or habitual child-victim oriented 4694
offender who is subject to community notification who, subsequent 4695
to being subjected to community notification, has pleaded guilty 4696
to or been convicted of a sexually oriented offense or a 4697
child-victim oriented offense; 4698

        (c) A sexual predator or child-victim predator who is not 4699
adjudicated a sexually violent predator who, subsequent to being 4700
subjected to community notification, has pleaded guilty to or been 4701
convicted of a sexually oriented offense or child-victim oriented 4702
offense. 4703

       Sec. 2950.99. (A)(1)(a) Except as otherwise provided in 4704
division (A)(1)(b) of this section, whoever violates a prohibition 4705
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised 4706
Code shall be punished as follows: 4707

       (i) If the most serious sexually oriented offense or 4708
child-victim oriented offense that was the basis of the 4709
registration, notice of intent to reside, change of address 4710
notification, or address verification requirement that was 4711
violated under the prohibition is aggravated murder, murder, or a 4712
felony of the first, second, or third degree if committed by an 4713
adult or a comparable category of offense committed in another 4714
jurisdiction, the offender is guilty of a felony of the third 4715
degree. 4716

        (ii) If the most serious sexually oriented offense or 4717
child-victim oriented offense that was the basis of the 4718
registration, notice of intent to reside, change of address 4719
notification, or address verification requirement that was 4720
violated under the prohibition is a felony of the fourth or fifth 4721
degree if committed by an adult or a comparable category of 4722
offense committed in another jurisdiction, or if the most serious 4723
sexually oriented offense or child-victim oriented offense that 4724
was the basis of the registration, notice of intent to reside, 4725
change of address notification, or address verification 4726
requirement that was violated under the prohibition is a 4727
misdemeanor if committed by an adult or a comparable category of 4728
offense committed in another jurisdiction, the offender is guilty 4729
of a felony of the same degree or a misdemeanor of the same degree 4730
as the most serious sexually oriented offense or child-victim 4731
oriented offense that was the basis of the registration, notice of 4732
intent to reside, change of address, or address verification 4733
requirement that was violated under the prohibition or, if the 4734
most serious sexually oriented offense or child-victim oriented 4735
offense that was the basis of the registration, notice of intent 4736
to reside, change of address, or address verification requirement 4737
that was violated under the prohibition was a comparable category 4738
of offense committed in another jurisdiction, the offender is 4739
guilty of a felony of the same degree or a misdemeanor of the same 4740
degree as that offense committed in the other jurisdiction would 4741
constitute or would have constituted if it had been committed in 4742
this state. 4743

       (b) If the offender previously has been convicted of or 4744
pleaded guilty to, or previously has been adjudicated a delinquent 4745
child for committing, a violation of a prohibition in section 4746
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, 4747
whoever violates a prohibition in section 2950.04, 2950.041, 4748
2950.05, or 2950.06 of the Revised Code shall be punished as 4749
follows: 4750

       (i) If the most serious sexually oriented offense or 4751
child-victim oriented offense that was the basis of the 4752
registration, notice of intent to reside, change of address 4753
notification, or address verification requirement that was 4754
violated under the prohibition is aggravated murder, murder, or a 4755
felony of the first, second, third, or fourth degree if committed 4756
by an adult or a comparable category of offense committed in 4757
another jurisdiction, the offender is guilty of a felony of the 4758
third degree. 4759

       (ii) If the most serious sexually oriented offense or 4760
child-victim oriented offense that was the basis of the 4761
registration, notice of intent to reside, change of address 4762
notification, or address verification requirement that was 4763
violated under the prohibition is a felony of the fifth degree if 4764
committed by an adult or a comparable category of offense 4765
committed in another jurisdiction, the offender is guilty of a 4766
felony of the fourth degree. 4767

       (iii) If the most serious sexually oriented offense or 4768
child-victim oriented offense that was the basis of the 4769
registration, notice of intent to reside, change of address 4770
notification, or address verification requirement that was 4771
violated under the prohibition is a misdemeanor of the first 4772
degree if committed by an adult or a comparable category of 4773
offense committed in another jurisdiction, the offender is guilty 4774
of a felony of the fifth degree. 4775

       (iv) If the most serious sexually oriented offense or 4776
child-victim oriented offense that was the basis of the 4777
registration, notice of intent to reside, change of address 4778
notification, or address verification requirement that was 4779
violated under the prohibition is a misdemeanor other than a 4780
misdemeanor of the first degree if committed by an adult or a 4781
comparable category of offense committed in another jurisdiction, 4782
the offender is guilty of a misdemeanor that is one degree higher 4783
than the most serious sexually oriented offense or child-victim 4784
oriented offense that was the basis of the registration, change of 4785
address, or address verification requirement that was violated 4786
under the prohibition or, if the most serious sexually oriented 4787
offense or child-victim oriented offense that was the basis of the 4788
registration, notice of intent to reside, change of address, or 4789
address verification requirement that was violated under the 4790
prohibition was a comparable category of offense committed in 4791
another jurisdiction, the offender is guilty of a misdemeanor that 4792
is one degree higher than the most serious sexually oriented 4793
offense or child-victim oriented offense committed in the other 4794
jurisdiction would constitute or would have constituted if it had 4795
been committed in this state. 4796

        (2) In addition to any penalty or sanction imposed under 4797
division (A)(1) of this section or any other provision of law for 4798
a violation of a prohibition in section 2950.04, 2950.041, 4799
2950.05, or 2950.06 of the Revised Code, if the offender or 4800
delinquent child is subject to a community control sanction, is on 4801
parole, is subject to one or more post-release control sanctions, 4802
or is subject to any other type of supervised release at the time 4803
of the violation, the violation shall constitute a violation of 4804
the terms and conditions of the community control sanction, 4805
parole, post-release control sanction, or other type of supervised 4806
release. 4807

       (3) As used in division (A)(1) of this section, "comparable 4808
category of offense committed in another jurisdiction" means a 4809
sexually oriented offense or child-victim oriented offense that 4810
was the basis of the registration, notice of intent to reside, 4811
change of address notification, or address verification 4812
requirement that was violated, that is a violation of an existing 4813
or former law of another state or the United States, an existing 4814
or former law applicable in a military court or in an Indian 4815
tribal court, or an existing or former law of any nation other 4816
than the United States, and that, if it had been committed in this 4817
state, would constitute or would have constituted aggravated 4818
murder, murder, or a felony of the first, second, or third degree 4819
for purposes of division (A)(1)(a)(i) of this section, a felony of 4820
the fourth or fifth degree or a misdemeanor for purposes of 4821
division (A)(1)(a)(ii) of this section, aggravated murder, murder, 4822
or a felony of the first, second, third, or fourth degree for 4823
purposes of division (A)(1)(b)(i) of this section, a felony of the 4824
fifth degree for purposes of division (A)(1)(b)(ii) of this 4825
section, a misdemeanor of the first degree for purposes of 4826
division (A)(1)(b)(iii) of this section, or a misdemeanor other 4827
than a misdemeanor of the first degree for purposes of division 4828
(A)(1)(b)(iv) of this section. 4829

       (B) If a person violates a prohibition in section 2950.04, 4830
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to 4831
the person as a result of the person being adjudicated a 4832
delinquent child and being classified a juvenile offender 4833
registrant or as an out-of-state juvenile offender registrant, 4834
both of the following apply: 4835

       (1) If the violation occurs while the person is under 4836
eighteen years of age, the person is subject to proceedings under 4837
Chapter 2152. of the Revised Code based on the violation. 4838

       (2) If the violation occurs while the person is eighteen 4839
years of age or older, the person is subject to criminal 4840
prosecution based on the violation. 4841

       (C) Whoever violates division (C) of section 2950.13 of the 4842
Revised Code is guilty of a misdemeanor of the first degree. 4843

       Sec. 2953.08. (A) In addition to any other right to appeal 4844
and except as provided in division (D) of this section, a 4845
defendant who is convicted of or pleads guilty to a felony may 4846
appeal as a matter of right the sentence imposed upon the 4847
defendant on one of the following grounds: 4848

       (1) The sentence consisted of or included the maximum prison 4849
term allowed for the offense by division (A) of section 2929.14 of 4850
the Revised Code, the sentence was not imposed pursuant to 4851
division (D)(3)(b) of section 2929.14 of the Revised Code, the 4852
maximum prison term was not required for the offense pursuant to 4853
Chapter 2925. or any other provision of the Revised Code, and the 4854
court imposed the sentence under one of the following 4855
circumstances: 4856

       (a) The sentence was imposed for only one offense. 4857

       (b) The sentence was imposed for two or more offenses arising 4858
out of a single incident, and the court imposed the maximum prison 4859
term for the offense of the highest degree. 4860

       (2) The sentence consisted of or included a prison term, the 4861
offense for which it was imposed is a felony of the fourth or 4862
fifth degree or is a felony drug offense that is a violation of a 4863
provision of Chapter 2925. of the Revised Code and that is 4864
specified as being subject to division (B) of section 2929.13 of 4865
the Revised Code for purposes of sentencing, and the court did not 4866
specify at sentencing that it found one or more factors specified 4867
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised 4868
Code to apply relative to the defendant. If the court specifies 4869
that it found one or more of those factors to apply relative to 4870
the defendant, the defendant is not entitled under this division 4871
to appeal as a matter of right the sentence imposed upon the 4872
offender. 4873

       (3) The person was convicted of or pleaded guilty to a 4874
~~sexually~~ violent sex offense or a designated homicide, assault, or 4875
kidnapping offense, was adjudicated ~~as being~~ a sexually violent 4876
predator in relation to that offense, and was sentenced pursuant 4877
to division (A)(3) of section 2971.03 of the Revised Code, if the 4878
minimum term of the indefinite term imposed pursuant to division 4879
(A)(3) of section 2971.03 of the Revised Code is the longest term 4880
available for the offense from among the range of terms listed in 4881
section 2929.14 of the Revised Code. As used in this division, 4882
"designated homicide, assault, or kidnapping offense" and 4883
"~~sexually~~ violent sex offense" ~~and "sexually violent predator"~~ 4884
have the same meanings as in section 2971.01 of the Revised Code. 4885
As used in this division, "adjudicated a sexually violent 4886
predator" has the same meaning as in section 2929.01 of the 4887
Revised Code, and a person is "adjudicated a sexually violent 4888
predator" in the same manner and the same circumstances as are 4889
described in that section. 4890

       (4) The sentence is contrary to law. 4891

       (5) The sentence consisted of an additional prison term of 4892
ten years imposed pursuant to division (D)(2)(b) of section 4893
2929.14 of the Revised Code. 4894

       (6) The sentence consisted of an additional prison term of 4895
ten years imposed pursuant to division (D)(3)(b) of section 4896
2929.14 of the Revised Code. 4897

       (B) In addition to any other right to appeal and except as 4898
provided in division (D) of this section, a prosecuting attorney, 4899
a city director of law, village solicitor, or similar chief legal 4900
officer of a municipal corporation, or the attorney general, if 4901
one of those persons prosecuted the case, may appeal as a matter 4902
of right a sentence imposed upon a defendant who is convicted of 4903
or pleads guilty to a felony or, in the circumstances described in 4904
division (B)(3) of this section the modification of a sentence 4905
imposed upon such a defendant, on any of the following grounds: 4906

       (1) The sentence did not include a prison term despite a 4907
presumption favoring a prison term for the offense for which it 4908
was imposed, as set forth in section 2929.13 or Chapter 2925. of 4909
the Revised Code. 4910

       (2) The sentence is contrary to law. 4911

       (3) The sentence is a modification under section 2929.20 of 4912
the Revised Code of a sentence that was imposed for a felony of 4913
the first or second degree. 4914

       (C) In addition to the right to appeal a sentence granted 4915
under division (A) or (B) of this section, a defendant who is 4916
convicted of or pleads guilty to a felony may seek leave to appeal 4917
a sentence imposed upon the defendant on the basis that the 4918
sentencing judge has imposed consecutive sentences under division 4919
(E)(3) or (4) of section 2929.14 of the Revised Code and that the 4920
consecutive sentences exceed the maximum prison term allowed by 4921
division (A) of that section for the most serious offense of which 4922
the defendant was convicted. Upon the filing of a motion under 4923
this division, the court of appeals may grant leave to appeal the 4924
sentence if the court determines that the allegation included as 4925
the basis of the motion is true. 4926

       (D) A sentence imposed upon a defendant is not subject to 4927
review under this section if the sentence is authorized by law, 4928
has been recommended jointly by the defendant and the prosecution 4929
in the case, and is imposed by a sentencing judge. A sentence 4930
imposed for aggravated murder or murder pursuant to sections 4931
2929.02 to 2929.06 of the Revised Code is not subject to review 4932
under this section. 4933

       (E) A defendant, prosecuting attorney, city director of law, 4934
village solicitor, or chief municipal legal officer shall file an 4935
appeal of a sentence under this section to a court of appeals 4936
within the time limits specified in Rule 4(B) of the Rules of 4937
Appellate Procedure, provided that if the appeal is pursuant to 4938
division (B)(3) of this section, the time limits specified in that 4939
rule shall not commence running until the court grants the motion 4940
that makes the sentence modification in question. A sentence 4941
appeal under this section shall be consolidated with any other 4942
appeal in the case. If no other appeal is filed, the court of 4943
appeals may review only the portions of the trial record that 4944
pertain to sentencing. 4945

       (F) On the appeal of a sentence under this section, the 4946
record to be reviewed shall include all of the following, as 4947
applicable: 4948

       (1) Any presentence, psychiatric, or other investigative 4949
report that was submitted to the court in writing before the 4950
sentence was imposed. An appellate court that reviews a 4951
presentence investigation report prepared pursuant to section 4952
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in 4953
connection with the appeal of a sentence under this section shall 4954
comply with division (D)(3) of section 2951.03 of the Revised Code 4955
when the appellate court is not using the presentence 4956
investigation report, and the appellate court's use of a 4957
presentence investigation report of that nature in connection with 4958
the appeal of a sentence under this section does not affect the 4959
otherwise confidential character of the contents of that report as 4960
described in division (D)(1) of section 2951.03 of the Revised 4961
Code and does not cause that report to become a public record, as 4962
defined in section 149.43 of the Revised Code, following the 4963
appellate court's use of the report. 4964

       (2) The trial record in the case in which the sentence was 4965
imposed; 4966

       (3) Any oral or written statements made to or by the court at 4967
the sentencing hearing at which the sentence was imposed; 4968

       (4) Any written findings that the court was required to make 4969
in connection with the modification of the sentence pursuant to a 4970
judicial release under division (H) of section 2929.20 of the 4971
Revised Code. 4972

       (G)(1) If the sentencing court was required to make the 4973
findings required by division (B) or (D) of section 2929.13, 4974
division (E)(4) of section 2929.14, or division (H) of section 4975
2929.20 of the Revised Code relative to the imposition or 4976
modification of the sentence, and if the sentencing court failed 4977
to state the required findings on the record, the court hearing an 4978
appeal under division (A), (B), or (C) of this section shall 4979
remand the case to the sentencing court and instruct the 4980
sentencing court to state, on the record, the required findings. 4981

       (2) The court hearing an appeal under division (A), (B), or 4982
(C) of this section shall review the record, including the 4983
findings underlying the sentence or modification given by the 4984
sentencing court. 4985

       The appellate court may increase, reduce, or otherwise modify 4986
a sentence that is appealed under this section or may vacate the 4987
sentence and remand the matter to the sentencing court for 4988
resentencing. The appellate court's standard for review is not 4989
whether the sentencing court abused its discretion. The appellate 4990
court may take any action authorized by this division if it 4991
clearly and convincingly finds either of the following: 4992

       (a) That the record does not support the sentencing court's 4993
findings under division (B) or (D) of section 2929.13, division 4994
(E)(4) of section 2929.14, or division (H) of section 2929.20 of 4995
the Revised Code, whichever, if any, is relevant; 4996

       (b) That the sentence is otherwise contrary to law. 4997

       (H) A judgment or final order of a court of appeals under 4998
this section may be appealed, by leave of court, to the supreme 4999
court. 5000

       (I)(1) There is hereby established the felony sentence appeal 5001
cost oversight committee, consisting of eight members. One member 5002
shall be the chief justice of the supreme court or a 5003
representative of the court designated by the chief justice, one 5004
member shall be a member of the senate appointed by the president 5005
of the senate, one member shall be a member of the house of 5006
representatives appointed by the speaker of the house of 5007
representatives, one member shall be the director of budget and 5008
management or a representative of the office of budget and 5009
management designated by the director, one member shall be a judge 5010
of a court of appeals, court of common pleas, municipal court, or 5011
county court appointed by the chief justice of the supreme court, 5012
one member shall be the state public defender or a representative 5013
of the office of the state public defender designated by the state 5014
public defender, one member shall be a prosecuting attorney 5015
appointed by the Ohio prosecuting attorneys association, and one 5016
member shall be a county commissioner appointed by the county 5017
commissioners association of Ohio. No more than three of the 5018
appointed members of the committee may be members of the same 5019
political party. 5020

       The president of the senate, the speaker of the house of 5021
representatives, the chief justice of the supreme court, the Ohio 5022
prosecuting attorneys association, and the county commissioners 5023
association of Ohio shall make the initial appointments to the 5024
committee of the appointed members no later than ninety days after 5025
July 1, 1996. Of those initial appointments to the committee, the 5026
members appointed by the speaker of the house of representatives 5027
and the Ohio prosecuting attorneys association shall serve a term 5028
ending two years after July 1, 1996, the member appointed by the 5029
chief justice of the supreme court shall serve a term ending three 5030
years after July 1, 1996, and the members appointed by the 5031
president of the senate and the county commissioners association 5032
of Ohio shall serve terms ending four years after July 1, 1996. 5033
Thereafter, terms of office of the appointed members shall be for 5034
four years, with each term ending on the same day of the same 5035
month as did the term that it succeeds. Members may be 5036
reappointed. Vacancies shall be filled in the same manner provided 5037
for original appointments. A member appointed to fill a vacancy 5038
occurring prior to the expiration of the term for which that 5039
member's predecessor was appointed shall hold office as a member 5040
for the remainder of the predecessor's term. An appointed member 5041
shall continue in office subsequent to the expiration date of that 5042
member's term until that member's successor takes office or until 5043
a period of sixty days has elapsed, whichever occurs first. 5044

       If the chief justice of the supreme court, the director of 5045
the office of budget and management, or the state public defender 5046
serves as a member of the committee, that person's term of office 5047
as a member shall continue for as long as that person holds office 5048
as chief justice, director of the office of budget and management, 5049
or state public defender. If the chief justice of the supreme 5050
court designates a representative of the court to serve as a 5051
member, the director of budget and management designates a 5052
representative of the office of budget and management to serve as 5053
a member, or the state public defender designates a representative 5054
of the office of the state public defender to serve as a member, 5055
the person so designated shall serve as a member of the commission 5056
for as long as the official who made the designation holds office 5057
as chief justice, director of the office of budget and management, 5058
or state public defender or until that official revokes the 5059
designation. 5060

       The chief justice of the supreme court or the representative 5061
of the supreme court appointed by the chief justice shall serve as 5062
chairperson of the committee. The committee shall meet within two 5063
weeks after all appointed members have been appointed and shall 5064
organize as necessary. Thereafter, the committee shall meet at 5065
least once every six months or more often upon the call of the 5066
chairperson or the written request of three or more members, 5067
provided that the committee shall not meet unless moneys have been 5068
appropriated to the judiciary budget administered by the supreme 5069
court specifically for the purpose of providing financial 5070
assistance to counties under division (I)(2) of this section and 5071
the moneys so appropriated then are available for that purpose. 5072

       The members of the committee shall serve without 5073
compensation, but, if moneys have been appropriated to the 5074
judiciary budget administered by the supreme court specifically 5075
for the purpose of providing financial assistance to counties 5076
under division (I)(2) of this section, each member shall be 5077
reimbursed out of the moneys so appropriated that then are 5078
available for actual and necessary expenses incurred in the 5079
performance of official duties as a committee member. 5080

       (2) The state criminal sentencing commission periodically 5081
shall provide to the felony sentence appeal cost oversight 5082
committee all data the commission collects pursuant to division 5083
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the 5084
data from the state criminal sentencing commission, the felony 5085
sentence appeal cost oversight committee periodically shall review 5086
the data; determine whether any money has been appropriated to the 5087
judiciary budget administered by the supreme court specifically 5088
for the purpose of providing state financial assistance to 5089
counties in accordance with this division for the increase in 5090
expenses the counties experience as a result of the felony 5091
sentence appeal provisions set forth in this section or as a 5092
result of a postconviction relief proceeding brought under 5093
division (A)(2) of section 2953.21 of the Revised Code or an 5094
appeal of a judgment in that proceeding; if it determines that any 5095
money has been so appropriated, determine the total amount of 5096
moneys that have been so appropriated specifically for that 5097
purpose and that then are available for that purpose; and develop 5098
a recommended method of distributing those moneys to the counties. 5099
The committee shall send a copy of its recommendation to the 5100
supreme court. Upon receipt of the committee's recommendation, the 5101
supreme court shall distribute to the counties, based upon that 5102
recommendation, the moneys that have been so appropriated 5103
specifically for the purpose of providing state financial 5104
assistance to counties under this division and that then are 5105
available for that purpose. 5106

       Sec. 2971.01. As used in this chapter: 5107

       (A) "Mandatory prison term" has the same meaning as in 5108
section 2929.01 of the Revised Code. 5109

       (B) "Designated homicide, assault, or kidnapping offense" 5110
means any of the following: 5111

       (1) A violation of section 2903.01, 2903.02, 2903.11, or 5112
2905.01 of the Revised Code or a violation of division (A) of 5113
section 2903.04 of the Revised Code; 5114

       (2) An attempt to commit or complicity in committing a 5115
violation listed in division (B)(1) of this section, if the 5116
attempt or complicity is a felony. 5117

       (C) "Examiner" has the same meaning as in section 2945.371 of 5118
the Revised Code. 5119

       (D) "Peace officer" has the same meaning as in section 5120
2935.01 of the Revised Code. 5121

       (E) "Prosecuting attorney" means the prosecuting attorney who 5122
prosecuted the case of the offender in question or the successor 5123
in office to that prosecuting attorney. 5124

       (F) "Sexually oriented offense" and "child-victim oriented 5125
offense" have the same meanings as in section 2950.01 of the 5126
Revised Code. 5127

       (G) "Sexually violent offense" means aany of the following: 5128

       (1) A violent sex offense~~, or a~~; 5129

       (2) A designated homicide, assault, or kidnapping offense ~~for~~ 5130
~~which~~that the offender ~~also was convicted of or pleaded guilty to~~ 5131
commits with a sexual motivation ~~specification~~. 5132

       (H)(1) "Sexually violent predator" means a person who ~~has~~ 5133
~~been convicted of or pleaded guilty to committing~~, on or after 5134
January 1, 1997, commits a sexually violent offense and is likely 5135
to engage in the future in one or more sexually violent offenses. 5136

       (2) For purposes of division (H)(1) of this section, any of 5137
the following factors may be considered as evidence tending to 5138
indicate that there is a likelihood that the person will engage in 5139
the future in one or more sexually violent offenses: 5140

       (a) The person has been convicted two or more times, in 5141
separate criminal actions, of a sexually oriented offense or a 5142
child-victim oriented offense. For purposes of this division, 5143
convictions that result from or are connected with the same act or 5144
result from offenses committed at the same time are one 5145
conviction, and a conviction set aside pursuant to law is not a 5146
conviction. 5147

       (b) The person has a documented history from childhood, into 5148
the juvenile developmental years, that exhibits sexually deviant 5149
behavior. 5150

       (c) Available information or evidence suggests that the 5151
person chronically commits offenses with a sexual motivation. 5152

       (d) The person has committed one or more offenses in which 5153
the person has tortured or engaged in ritualistic acts with one or 5154
more victims. 5155

       (e) The person has committed one or more offenses in which 5156
one or more victims were physically harmed to the degree that the 5157
particular victim's life was in jeopardy. 5158

       (f) Any other relevant evidence. 5159

       (I) "Sexually violent predator specification" means a 5160
specification, as described in section 2941.148 of the Revised 5161
Code, ~~charging~~that charges that a person charged with ~~being~~a 5162
violent sex offense, or a person charged with a designated 5163
homicide, assault, or kidnapping offense and a sexual motivation 5164
specification, is a sexually violent predator. 5165

       (J) "Sexual motivation" means a purpose to gratify the sexual 5166
needs or desires of the offender. 5167

       (K) "Sexual motivation specification" means a specification, 5168
as described in section 2941.147 of the Revised Code, that charges 5169
that a person charged with a designated homicide, assault, or 5170
kidnapping offense committed the offense with a sexual motivation. 5171

       (L) "Violent sex offense" means any of the following: 5172

       (1) A violation of section 2907.02, 2907.03, or 2907.12 or of 5173
division (A)(4) of section 2907.05 of the Revised Code; 5174

       (2) A felony violation of a former law of this state that is 5175
substantially equivalent to a violation listed in division (L)(1) 5176
of this section or of an existing or former law of the United 5177
States or of another state that is substantially equivalent to a 5178
violation listed in division (L)(1) of this section; 5179

       (3) An attempt to commit or complicity in committing a 5180
violation listed in division (L)(1) or (2) of this section if the 5181
attempt or complicity is a felony. 5182

       Sec. 2971.02. In any case in which a sexually violent 5183
predator specification is included in the indictment, count in the 5184
indictment, or information charging a ~~sexually~~ violent sex offense 5185
or a designated homicide, assault, or kidnapping offense and in 5186
which the defendant is tried by a jury, the defendant may elect to 5187
have the court instead of the jury determine the sexually violent 5188
predator specification. If 5189

       If the defendant does not elect to have the court determine 5190
the sexually violent predator specification, the defendant shall 5191
be tried before the jury on the charge of the offense, and, 5192
~~following~~if the offense is a designated homicide, assault, or 5193
kidnapping offense, on the sexual motivation specification that is 5194
included in the indictment, count in the indictment, or 5195
information charging the offense. Following a verdict of guilty on 5196
the charge of the offense and, if the offense is a designated 5197
homicide, assault, or kidnapping offense, on the related sexual 5198
motivation specification, the defendant shall be tried before the 5199
jury on the sexually violent predator specification. If 5200

       If the defendant elects to have the court determine the 5201
sexually violent predator specification, the defendant shall be 5202
tried ~~on the charge of the offense~~ before the jury~~, and, following~~ 5203
on the charge of the offense and, if the offense is a designated 5204
homicide, assault, or kidnapping offense, on the sexual motivation 5205
specification that is included in the indictment, count in the 5206
indictment, or information charging the offense. Following a 5207
verdict of guilty on the charge of the offense and, if the offense 5208
if a designated homicide, assault, or kidnapping offense, on the 5209
related sexual motivation specification, the court shall conduct a 5210
proceeding at which it shall determine the sexually violent 5211
predator specification. 5212

       Sec. 2971.03. (A) Notwithstanding divisions (A), (B), (C), 5213
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06, 5214
2929.13, or another section of the Revised Code, other than 5215
divisions (D) and (E) of section 2929.14 of the Revised Code, that 5216
authorizes or requires a specified prison term or a mandatory 5217
prison term for a person who is convicted of or pleads guilty to a 5218
felony or that specifies the manner and place of service of a 5219
prison term or term of imprisonment, the court shall impose a 5220
sentence upon a person who is convicted of or pleads guilty to a 5221
~~sexually~~ violent sex offense and who also is convicted of or 5222
pleads guilty to a sexually violent predator specification that 5223
was included in the indictment, count in the indictment, or 5224
information charging that offense, and upon a person who is 5225
convicted of or pleads guilty to a designated homicide, assault, 5226
or kidnapping offense and also is convicted of or pleads guilty to 5227
both a sexual motivation specification and a sexually violent 5228
predator specification that were included in the indictment, count 5229
in the indictment, or information charging that offense, as 5230
follows: 5231

       (1) If the offense for which the sentence is being imposed is 5232
aggravated murder and if the court does not impose upon the 5233
offender a sentence of death, it shall impose upon the offender a 5234
term of life imprisonment without parole. If the court sentences 5235
the offender to death and the sentence of death is vacated, 5236
overturned, or otherwise set aside, the court shall impose upon 5237
the offender a term of life imprisonment without parole. 5238

       (2) If the offense for which the sentence is being imposed is 5239
murder or an offense other than aggravated murder or murder for 5240
which a term of life imprisonment may be imposed, it shall impose 5241
upon the offender a term of life imprisonment without parole. 5242

       (3)(a) Except as otherwise provided in division (A)(3)(b), 5243
(c), or (d) or (A)(4) of this section, if the offense for which 5244
the sentence is being imposed is an offense other than aggravated 5245
murder, murder, or an offense for which a term of life 5246
imprisonment may be imposed, it shall impose an indefinite prison 5247
term consisting of a minimum term fixed by the court from among 5248
the range of terms available as a definite term for the offense, 5249
but not less than two years, and a maximum term of life 5250
imprisonment. 5251

       (b) Except as otherwise provided in division (A)(4) of this 5252
section, if the offense for which the sentence is being imposed is 5253
kidnapping that is a felony of the first degree, it shall impose 5254
an indefinite prison term consisting of a minimum term fixed by 5255
the court that is not less than ten years, and a maximum term of 5256
life imprisonment. 5257

        (c) Except as otherwise provided in division (A)(4) of this 5258
section, if the offense for which the sentence is being imposed is 5259
kidnapping that is a felony of the second degree, it shall impose 5260
an indefinite prison term consisting of a minimum term fixed by 5261
the court that is not less than eight years, and a maximum term of 5262
life imprisonment. 5263

       (d) Except as otherwise provided in division (A)(4) of this 5264
section, if the offense for which the sentence is being imposed is 5265
rape for which a term of life imprisonment is not imposed under 5266
section 2907.02 of the Revised Code or division (A)(2) of this 5267
section, it shall impose an indefinite prison term consisting of a 5268
minimum term fixed by the court that is not less than ten years, 5269
and a maximum term of life imprisonment. 5270

       (4) For any offense for which the sentence is being imposed, 5271
if the offender previously has been convicted of or pleaded guilty 5272
to a ~~sexually~~ violent sex offense and also to a sexually violent 5273
predator specification that was included in the indictment, count 5274
in the indictment, or information charging that offense, or 5275
previously has been convicted of or pleaded guilty to a designated 5276
homicide, assault, or kidnapping offense and also to both a sexual 5277
motivation specification and a sexually violent predator 5278
specification that were included in the indictment, count in the 5279
indictment, or information charging that offense, it shall impose 5280
upon the offender a term of life imprisonment without parole. 5281

       (B) If the offender is sentenced to a prison term pursuant to 5282
division (A)(3) of this section, the parole board shall have 5283
control over the offender's service of the term during the entire 5284
term unless the parole board terminates its control in accordance 5285
with section 2971.04 of the Revised Code. 5286

       (C)(1) Except as provided in division (C)(2) of this section, 5287
an offender sentenced to a prison term or term of life 5288
imprisonment without parole pursuant to division (A) of this 5289
section shall serve the entire prison term or term of life 5290
imprisonment in a state correctional institution. The offender is 5291
not eligible for judicial release under section 2929.20 of the 5292
Revised Code. 5293

       (2) For a prison term imposed pursuant to division (A)(3) of 5294
this section, the court, in accordance with section 2971.05 of the 5295
Revised Code, may terminate the prison term or modify the 5296
requirement that the offender serve the entire term in a state 5297
correctional institution if all of the following apply: 5298

       (a) The offender has served at least the minimum term imposed 5299
as part of that prison term. 5300

       (b) The parole board, pursuant to section 2971.04 of the 5301
Revised Code, has terminated its control over the offender's 5302
service of that prison term. 5303

       (c) The court has held a hearing and found, by clear and 5304
convincing evidence, one of the following: 5305

       (i) In the case of termination of the prison term, that the 5306
offender is unlikely to commit a sexually violent offense in the 5307
future; 5308

       (ii) In the case of modification of the requirement, that the 5309
offender does not represent a substantial risk of physical harm to 5310
others. 5311

       (3) An offender who has been sentenced to a term of life 5312
imprisonment without parole pursuant to division (A)(1), (2), or 5313
(4) of this section shall not be released from the term of life 5314
imprisonment or be permitted to serve a portion of it in a place 5315
other than a state correctional institution. 5316

       (D) If a court sentences an offender to a prison term or term 5317
of life imprisonment without parole pursuant to division (A) of 5318
this section and the court also imposes on the offender one or 5319
more additional prison terms pursuant to division (D) of section 5320
2929.14 of the Revised Code, all of the additional prison terms 5321
shall be served consecutively with, and prior to, the prison term 5322
or term of life imprisonment without parole imposed upon the 5323
offender pursuant to division (A) of this section. 5324

       (E) If the offender is convicted of or pleads guilty to two 5325
or more offenses for which a prison term or term of life 5326
imprisonment without parole is required to be imposed pursuant to 5327
division (A) of this section, divisions (A) to (D) of this section 5328
shall be applied for each offense. All minimum terms imposed upon 5329
the offender pursuant to division (A)(3) of this section for those 5330
offenses shall be aggregated and served consecutively, as if they 5331
were a single minimum term imposed under that division. 5332

       (F) If an offender is convicted of or pleads guilty to a 5333
~~sexually~~ violent sex offense and also is convicted of or pleads 5334
guilty to a sexually violent predator specification that was 5335
included in the indictment, count in the indictment, or 5336
information charging ~~the sexually violent~~that offense, or is 5337
convicted of or pleads guilty to a designated homicide, assault, 5338
or kidnapping offense and also is convicted of or pleads guilty to 5339
both a sexual motivation specification and a sexually violent 5340
predator specification that were included in the indictment, count 5341
in the indictment, or information charging that offense, the 5342
conviction of or plea of guilty to the offense and the sexually 5343
violent predator specification automatically classifies the 5344
offender as a sexual predator for purposes of Chapter 2950. of the 5345
Revised Code. The classification of the offender as a sexual 5346
predator for purposes of that chapter is ~~terminated only if the~~ 5347
~~offender was sentenced to a prison term pursuant to division~~ 5348
~~(A)(3) of section 2971.03 of the Revised Code and the court~~ 5349
~~terminates the offender's prison term as provided in division (D)~~ 5350
~~of section 2971.05 of the Revised Code, or as otherwise~~permanent 5351
and continues until the offender's death as described in division 5352
(D)(2) of section 2950.09 of the Revised Code. 5353

       Sec. 2971.04. (A) If an offender is serving a prison term 5354
imposed under division (A)(3) of section 2971.03 of the Revised 5355
Code, at any time after the offender has served the minimum term 5356
imposed under that sentence, the parole board may terminate its 5357
control over the offender's service of the prison term. The parole 5358
board initially shall determine whether to terminate its control 5359
over the offender's service of the prison term upon the completion 5360
of the offender's service of the minimum term under the sentence 5361
and shall make subsequent determinations at least once every two 5362
years after that first determination. The parole board shall not 5363
terminate its control over the offender's service of the prison 5364
term unless it finds at a hearing that the offender does not 5365
represent a substantial risk of physical harm to others. Prior to 5366
determining whether to terminate its control over the offender's 5367
service of the prison term, the parole board shall request the 5368
department of rehabilitation and correction to prepare pursuant to 5369
section 5120.61 of the Revised Code an update of the most recent 5370
risk assessment and report relative to the offender. The offender 5371
has the right to be present at any hearing held under this 5372
section. At the hearing, the offender and the prosecuting attorney 5373
may make a statement and present evidence as to whether the parole 5374
board should terminate its control over the offender's service of 5375
the prison term. In making its determination as to whether to 5376
terminate its control over the offender's service of the prison 5377
term, the parole board may follow the standards and guidelines 5378
adopted by the department of rehabilitation and correction under 5379
section 5120.49 of the Revised Code and shall consider the updated 5380
risk assessment and report relating to the offender prepared by 5381
the department pursuant to section 5120.61 of the Revised Code in 5382
response to the request made under this division ~~(A)(1) of this~~ 5383
~~section~~ and any statements or evidence submitted by the offender 5384
or the prosecuting attorney. If the parole board terminates its 5385
control over an offender's service of a prison term imposed under 5386
division (A)(3) of section 2971.03 of the Revised Code, it shall 5387
recommend to the court modifications to the requirement that the 5388
offender serve the entire term in a state correctional 5389
institution. The court is not bound by the recommendations 5390
submitted by the parole board. 5391

       (B) If the parole board terminates its control over an 5392
offender's service of a prison term imposed pursuant to division 5393
(A)(3) of section 2971.03 of the Revised Code, the parole board 5394
immediately shall provide written notice of its termination of 5395
control to the department of rehabilitation and correction, the 5396
court, and the prosecuting attorney, and, after the board's 5397
termination of its control, the court shall have control over the 5398
offender's service of that prison term. 5399

       After the transfer, the court shall have control over the 5400
offender's service of that prison term for the offender's entire 5401
life, subject to the court's termination of the term pursuant to 5402
section 2971.05 of the Revised Code. 5403

       (C) If control over the offender's service of the prison term 5404
is transferred to the court, all of the following apply: 5405

       (1) The offender shall not be released solely as a result of 5406
the transfer of control over the service of that prison term. 5407

       (2) The offender shall not be permitted solely as a result of 5408
the transfer to serve a portion of that term in a place other than 5409
a state correctional institution. 5410

       (3) The offender shall continue serving that term in a state 5411
correctional institution, subject to the following: 5412

       (a) A release pursuant to a pardon, commutation, or reprieve; 5413

       (b) A modification or termination of the term by the court 5414
pursuant to this chapter. 5415

       Sec. 2971.05. (A)(1) After control over an offender's 5416
service of a prison term imposed pursuant to division (A)(3) of 5417
section 2971.03 of the Revised Code has been transferred pursuant 5418
to section 2971.04 of the Revised Code to the court, the court 5419
shall schedule, within thirty days of any of the following, a 5420
hearing on whether to modify in accordance with division (C) of 5421
this section the requirement that the offender serve the entire 5422
prison term in a state correctional institution or to terminate 5423
the prison term in accordance with division (D) of this section: 5424

       (a) Control over the offender's service of a prison term is 5425
transferred pursuant to section 2971.04 of the Revised Code to the 5426
court, and no hearing to modify the requirement has been held; 5427

       (b) Two years elapse after the most recent prior hearing held 5428
pursuant to division (A)(1) or (2) of this section; 5429

       (c) The prosecuting attorney, the department of 5430
rehabilitation and correction, or the adult parole authority 5431
requests the hearing, and recommends that the requirement be 5432
modified or that the offender's prison term be terminated. 5433

       (2) After control over the offender's service of a prison 5434
term has been transferred pursuant to section 2971.04 of the 5435
Revised Code to the court, the court, within thirty days of either 5436
of the following, shall conduct a hearing on whether to modify in 5437
accordance with division (C) of this section the requirement that 5438
the offender serve the entire prison term in a state correctional 5439
institution, whether to continue, revise, or revoke an existing 5440
modification of that requirement, or whether to terminate the term 5441
in accordance with division (D) of this section: 5442

       (a) The requirement that the offender serve the entire prison 5443
term in a state correctional institution has been modified, and 5444
the offender is taken into custody for any reason. 5445

       (b) The department of rehabilitation and correction or the 5446
prosecuting attorney notifies the court pursuant to section 5447
2971.06 of the Revised Code regarding a known or suspected 5448
violation of a term or condition of the modification or a belief 5449
that there is a substantial likelihood that the offender has 5450
committed or is about to commit a sexually violent offense. 5451

       (3) After control over the offender's service of a prison 5452
term has been transferred pursuant to section 2971.04 of the 5453
Revised Code to the court, the court, in any of the following 5454
circumstances, may conduct a hearing within thirty days to 5455
determine whether to modify in accordance with division (C) of 5456
this section the requirement that the offender serve the entire 5457
prison term in a state correctional institution, whether to 5458
continue, revise, or revoke an existing modification of that 5459
requirement, or whether to terminate the sentence in accordance 5460
with division (D) of this section: 5461

       (a) The offender requests the hearing; 5462

       (b) Upon the court's own motion; 5463

       (c) One or more examiners who have conducted a psychological 5464
examination and assessment of the offender file a statement that 5465
states that there no longer is a likelihood that the offender will 5466
engage in the future in a sexually violent offense. 5467

       (B)(1) Before a court holds a hearing pursuant to division 5468
(A) of this section, the court shall provide notice of the date, 5469
time, place, and purpose of the hearing to the offender, the 5470
prosecuting attorney, the department of rehabilitation and 5471
correction, and the adult parole authority and shall request the 5472
department to prepare pursuant to section 5120.61 of the Revised 5473
Code an update of the most recent risk assessment and report 5474
relative to the offender. The offender has the right to be present 5475
at any hearing held under this section. At the hearing, the 5476
offender and the prosecuting attorney may make a statement and 5477
present evidence as to whether the requirement should or should 5478
not be modified, whether the existing modification of the 5479
requirement should be continued, revised, or revoked, and whether 5480
the prison term should or should not be terminated. 5481

       (2) At a hearing held pursuant to division (A) of this 5482
section, the court may and, if the hearing is held pursuant to 5483
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall 5484
determine by clear and convincing evidence whether the offender is 5485
unlikely to commit a sexually violent offense in the future. 5486

       (3) At the conclusion of the hearing held pursuant to 5487
division (A) of this section, the court may order that the 5488
requirement that the offender serve the entire prison term in a 5489
state correctional institution be continued, that the requirement 5490
be modified pursuant to division (C) of this section, that an 5491
existing modification be continued, revised, or revoked pursuant 5492
to division (C) of this section, or that the prison term be 5493
terminated pursuant to division (D) of this section. 5494

       (C)(1) If, at the conclusion of a hearing held pursuant to 5495
division (A) of this section, the court determines by clear and 5496
convincing evidence that the offender will not represent a 5497
substantial risk of physical harm to others, the court may modify 5498
the requirement that the offender serve the entire prison term in 5499
a state correctional institution in a manner that the court 5500
considers appropriate. 5501

       (2) The modification of the requirement does not terminate 5502
the prison term but serves only to suspend the requirement that 5503
the offender serve the entire term in a state correctional 5504
institution. The prison term shall remain in effect for the 5505
offender's entire life unless the court terminates the prison term 5506
pursuant to division (D) of this section. The offender shall 5507
remain under the jurisdiction of the court for the offender's 5508
entire life unless the court so terminates the prison term. The 5509
modification of the requirement does not terminate the 5510
classification of the offender, as described in division (F) of 5511
section 2971.03 of the Revised Code, as a sexual predator for 5512
purposes of Chapter 2950. of the Revised Code. 5513

       (3) If the court revokes the modification under 5514
consideration, the court shall order that the offender be returned 5515
to the custody of the department of rehabilitation and correction 5516
to continue serving the prison term to which the modification 5517
applied, and section 2971.06 of the Revised Code applies regarding 5518
the offender. 5519

       (D)(1) If, at the conclusion of a hearing held pursuant to 5520
division (A) of this section, the court determines by clear and 5521
convincing evidence that the offender is unlikely to commit a 5522
sexually violent offense in the future, the court may terminate 5523
the offender's prison term imposed under division (A)(3) of 5524
section 2971.03 of the Revised Code, subject to the offender 5525
satisfactorily completing the period of conditional release 5526
required by this division. If the court terminates the prison 5527
term, the court shall place the offender on conditional release 5528
for five years, notify the adult parole authority of its 5529
determination and of the termination of the prison term, and order 5530
the adult parole authority to supervise the offender during the 5531
five-year period of conditional release. Upon receipt of a notice 5532
from a court pursuant to this division, the adult parole authority 5533
shall supervise the offender who is the subject of the notice 5534
during the five-year period of conditional release, periodically 5535
notify the court of the offender's activities during that 5536
five-year period of conditional release, and file with the court 5537
no later than thirty days prior to the expiration of the five-year 5538
period of conditional release a written recommendation as to 5539
whether the termination of the offender's prison term should be 5540
finalized, whether the period of conditional release should be 5541
extended, or whether another type of action authorized pursuant to 5542
this chapter should be taken. 5543

       Upon receipt of a recommendation of the adult parole 5544
authority filed pursuant to this division, the court shall hold a 5545
hearing to determine whether to finalize the termination of the 5546
offender's prison term, to extend the period of conditional 5547
release, or to take another type of action authorized pursuant to 5548
this chapter. The court shall hold the hearing no later than the 5549
date on which the five-year period of conditional release 5550
terminates and shall provide notice of the date, time, place, and 5551
purpose of the hearing to the offender and to the prosecuting 5552
attorney. At the hearing, the offender, the prosecuting attorney, 5553
and the adult parole authority employee who supervised the 5554
offender during the period of conditional release may make a 5555
statement and present evidence. 5556

       (2) If the court determines to extend an offender's period of 5557
conditional release, it may do so for additional periods of one 5558
year in the same manner as the original period of conditional 5559
release, and except as otherwise described in this division, all 5560
procedures and requirements that applied to the original period of 5561
conditional release apply to the additional period of extended 5562
conditional release unless the court modifies a procedure or 5563
requirement. If an offender's period of conditional release is 5564
extended as described in this division, all references to a 5565
five-year period of conditional release that are contained in 5566
division (D)(1) of this section shall be construed, in applying 5567
the provisions of that division to the extension, as being 5568
references to the one-year period of the extension of the 5569
conditional release. 5570

       If the court determines to take another type of action 5571
authorized pursuant to this chapter, it may do so in the same 5572
manner as if the action had been taken at any other stage of the 5573
proceedings under this chapter. As used in this division, "another 5574
type of action" includes the revocation of the conditional release 5575
and the return of the offender to a state correctional institution 5576
to continue to serve the prison term. 5577

       If the court determines to finalize the termination of the 5578
offender's prison term, it shall notify the department of 5579
rehabilitation and correction, the department shall enter into its 5580
records a final release and issue to the offender a certificate of 5581
final release, and the prison term thereafter shall be considered 5582
completed and terminated in every way. 5583

       The termination of the offender's prison term pursuant to 5584
division (D)(1) or (2) of this section ~~automatically terminates~~ 5585
does not affect the classification of the offender, as described 5586
in division (F) of section 2971.03 of the Revised Code, as a 5587
sexual predator for purposes of Chapter 2950. of the Revised Code, 5588
~~and the court shall comply with~~. The classification of the 5589
offender as a sexual predator is permanent and continues until the 5590
offender's death as described in division (D)(2) of section 5591
2950.09 of the Revised Code. 5592

       Sec. 5120.49. The department of rehabilitation and 5593
correction, by rule adopted under Chapter 119. of the Revised 5594
Code, shall prescribe standards and guidelines to be used by the 5595
parole board in determining, pursuant to section 2971.04 of the 5596
Revised Code, whether it should terminate its control over an 5597
offender's service of a prison term imposed upon the offender ~~for~~ 5598
~~a sexually violent offense~~ under division (A)(3) of section 5599
2971.03 of the Revised Code for conviction of a violent sex 5600
offense and a sexually violent predator specification or for 5601
conviction of a designated homicide, assault, or kidnapping 5602
offense and both a sexual motivation specification and a sexually 5603
violent predator specification. The rules shall include provisions 5604
that specify that the parole board may not terminate its control 5605
over an offender's service of a prison term imposed upon the 5606
offender under that division until after the offender has served 5607
the minimum term imposed as part of that prison term and until the 5608
parole board has determined that the offender does not represent a 5609
substantial risk of physical harm to others. 5610

       Sec. 5120.61. (A)(1) Not later than ninety days after the 5611
effective date of this section, the department of rehabilitation 5612
and correction shall adopt standards that it will use under this 5613
section to assess a criminal offender who is convicted of or 5614
pleads guilty to a ~~sexually~~ violent sex offense or designated 5615
homicide, assault, or kidnapping offense and ~~also is convicted of~~ 5616
~~or pleads guilty to~~is adjudicated a sexually violent predator 5617
~~specification that was included in the indictment, count in the~~ 5618
~~indictment, or information charging~~in relation to that offense. 5619
The department may periodically revise the standards. 5620

       (2) When the department is requested by the parole board or 5621
the court to provide a risk assessment report of the offender 5622
under section 2971.04 or 2971.05 of the Revised Code, it shall 5623
assess the offender and complete the assessment as soon as 5624
possible after the offender has commenced serving the prison term 5625
or term of life imprisonment without parole imposed under division 5626
(A) of section 2971.03 of the Revised Code. Thereafter, the 5627
department shall update a risk assessment report pertaining to an 5628
offender as follows: 5629

       (a) Periodically, in the discretion of the department, 5630
provided that each report shall be updated no later than two years 5631
after its initial preparation or most recent update; 5632

       (b) Upon the request of the parole board for use in 5633
determining pursuant to section 2971.04 of the Revised Code 5634
whether it should terminate its control over an offender's service 5635
of a prison term imposed upon the offender under division (A)(3) 5636
of section 2971.03 of the Revised Code; 5637

       (c) Upon the request of the court. 5638

       (3) After the department of rehabilitation and correction 5639
assesses an offender pursuant to division (A)(2) of this section, 5640
it shall prepare a report that contains its risk assessment for 5641
the offender or, if a risk assessment report previously has been 5642
prepared, it shall update the risk assessment report. 5643

       (4) The department of rehabilitation and correction shall 5644
provide each risk assessment report that it prepares or updates 5645
pursuant to this section regarding an offender to all of the 5646
following: 5647

       (a) The parole board for its use in determining pursuant to 5648
section 2971.04 of the Revised Code whether it should terminate 5649
its control over an offender's service of a prison term imposed 5650
upon the offender under division (A)(3) of section 2971.03 of the 5651
Revised Code, if the parole board has not terminated its control 5652
over the offender; 5653

       (b) The court for use in determining, pursuant to section 5654
2971.05 of the Revised Code, whether to modify the requirement 5655
that the offender serve the entire prison term imposed upon the 5656
offender under division (A)(3) of section 2971.03 of the Revised 5657
Code in a state correctional institution, whether to revise any 5658
modification previously made, or whether to terminate the prison 5659
term; 5660

       (c) The prosecuting attorney who prosecuted the case, or the 5661
successor in office to that prosecuting attorney; 5662

       (d) The offender. 5663

       (B) When the department of rehabilitation and correction 5664
provides a risk assessment report regarding an offender to the 5665
parole board or court pursuant to division (A)(4)(a) or (b) of 5666
this section, the department, prior to the parole board's or 5667
court's hearing, also shall provide to the offender or to the 5668
offender's attorney of record a copy of the report and a copy of 5669
any other relevant documents the department possesses regarding 5670
the offender that the department does not consider to be 5671
confidential. 5672

       (C) As used in this section,: 5673

        (1) "Adjudicated a sexually violent predator" has the same 5674
meaning as in section 2929.01 of the Revised Code, and a person is 5675
"adjudicated a sexually violent predator" in the same manner and 5676
the same circumstances as are described in that section. 5677

        (2) "Designated homicide, assault, or kidnapping offense" and 5678
"~~sexually~~ violent sex offense" ~~and "sexually violent predator~~ 5679
~~specification"~~ have the same meanings as in section 2971.01 of the 5680
Revised Code. 5681

       Section 2. That existing sections 109.42, 2921.34, 2929.01, 5682
2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 5683
2950.031, 2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 5684
2953.08, 2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5685
5120.61 of the Revised Code is hereby repealed. 5686

       Section 3. Section 2921.34 of the Revised Code is presented 5687
in this act as a composite of the section as amended by both Am. 5688
Sub. H.B. 180 and Am. Sub. S.B. 285 of the 121st General Assembly. 5689
Sections 2929.01, 2929.13, and 2929.14 of the Revised Code are 5690
presented in this act as composites of the sections as amended by 5691
both Sub. H.B. 52 and Am. Sub. H.B. 163 of the 125th General 5692
Assembly. Section 2953.08 of the Revised Code is presented in this 5693
act as a composite of the section as amended by both Sub. H.B. 331 5694
and Am. Sub. S.B. 107 of the 123rd General Assembly. The General 5695
Assembly, applying the principle stated in division (B) of section 5696
1.52 of the Revised Code that amendments are to be harmonized if 5697
reasonably capable of simultaneous operation, finds that the 5698
composites are the resulting versions of the sections in effect 5699
prior to the effective date of the sections as presented in this 5700
act. 5701

Section 1. That sections 109.42, 2921.34, 2929.01, 2929.13,	38
2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 2950.031,	39
2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 2953.08,	40
2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5120.61	41
of the Revised Code be amended to read as follows:	42

Sec. 109.42. (A) The attorney general shall prepare and have	43
printed a pamphlet that contains a compilation of all statutes	44
relative to victim's rights in which the attorney general lists	45
and explains the statutes in the form of a victim's bill of	46
rights. The attorney general shall distribute the pamphlet to all	47
sheriffs, marshals, municipal corporation and township police	48
departments, constables, and other law enforcement agencies, to	49
all prosecuting attorneys, city directors of law, village	50
solicitors, and other similar chief legal officers of municipal	51
corporations, and to organizations that represent or provide	52
services for victims of crime. The victim's bill of rights set	53
forth in the pamphlet shall contain a description of all of the	54
rights of victims that are provided for in Chapter 2930. or in any	55
other section of the Revised Code and shall include, but not be	56
limited to, all of the following:	57

(1) The right of a victim or a victim's representative to	58
attend a proceeding before a grand jury, in a juvenile case, or in	59
a criminal case pursuant to a subpoena without being discharged	60
from the victim's or representative's employment, having the	61
victim's or representative's employment terminated, having the	62
victim's or representative's pay decreased or withheld, or	63
otherwise being punished, penalized, or threatened as a result of	64
time lost from regular employment because of the victim's or	65
representative's attendance at the proceeding pursuant to the	66
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	67
2945.451 of the Revised Code;	68

(2) The potential availability pursuant to section 2151.359	69
or 2152.61 of the Revised Code of a forfeited recognizance to pay	70
damages caused by a child when the delinquency of the child or	71
child's violation of probation or community control is found to be	72
proximately caused by the failure of the child's parent or	73
guardian to subject the child to reasonable parental authority or	74
to faithfully discharge the conditions of probation or community	75
control;	76

(3) The availability of awards of reparations pursuant to	77
sections 2743.51 to 2743.72 of the Revised Code for injuries	78
caused by criminal offenses;	79

(4) The right of the victim in certain criminal or juvenile	80
cases or a victim's representative to receive, pursuant to section	81
2930.06 of the Revised Code, notice of the date, time, and place	82
of the trial or delinquency proceeding in the case or, if there	83
will not be a trial or delinquency proceeding, information from	84
the prosecutor, as defined in section 2930.01 of the Revised Code,	85
regarding the disposition of the case;	86

(5) The right of the victim in certain criminal or juvenile	87
cases or a victim's representative to receive, pursuant to section	88
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	89
name of the person charged with the violation, the case or docket	90
number assigned to the charge, and a telephone number or numbers	91
that can be called to obtain information about the disposition of	92
the case;	93

(6) The right of the victim in certain criminal or juvenile	94
cases or of the victim's representative pursuant to section	95
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	96
terms set by the court as authorized under section 2930.14 of the	97
Revised Code, to make a statement about the victimization and, if	98
applicable, a statement relative to the sentencing or disposition	99
of the offender;	100

(7) The opportunity to obtain a court order, pursuant to	101
section 2945.04 of the Revised Code, to prevent or stop the	102
commission of the offense of intimidation of a crime victim or	103
witness or an offense against the person or property of the	104
complainant, or of the complainant's ward or child;	105

(8) The right of the victim in certain criminal or juvenile	106
cases or a victim's representative pursuant to sections 2151.38,	107
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	108
receive notice of a pending motion for judicial release or early	109
release of the person who committed the offense against the	110
victim, to make an oral or written statement at the court hearing	111
on the motion, and to be notified of the court's decision on the	112
motion;	113

(9) The right of the victim in certain criminal or juvenile	114
cases or a victim's representative pursuant to section 2930.16,	115
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	116
of any pending commutation, pardon, parole, transitional control,	117
discharge, other form of authorized release, post-release control,	118
or supervised release for the person who committed the offense	119
against the victim or any application for release of that person	120
and to send a written statement relative to the victimization and	121
the pending action to the adult parole authority or the release	122
authority of the department of youth services;	123

(10) The right of the victim to bring a civil action pursuant	124
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	125
from the offender's profit fund;	126

(11) The right, pursuant to section 3109.09 of the Revised	127
Code, to maintain a civil action to recover compensatory damages	128
not exceeding ten thousand dollars and costs from the parent of a	129
minor who willfully damages property through the commission of an	130
act that would be a theft offense, as defined in section 2913.01	131
of the Revised Code, if committed by an adult;	132

(12) The right, pursuant to section 3109.10 of the Revised	133
Code, to maintain a civil action to recover compensatory damages	134
not exceeding ten thousand dollars and costs from the parent of a	135
minor who willfully and maliciously assaults a person;	136

(13) The possibility of receiving restitution from an	137
offender or a delinquent child pursuant to section 2152.20,	138
2929.18, or 2929.28 of the Revised Code;	139

(14) The right of the victim in certain criminal or juvenile	140
cases or a victim's representative, pursuant to section 2930.16 of	141
the Revised Code, to receive notice of the escape from confinement	142
or custody of the person who committed the offense, to receive	143
that notice from the custodial agency of the person at the	144
victim's last address or telephone number provided to the	145
custodial agency, and to receive notice that, if either the	146
victim's address or telephone number changes, it is in the	147
victim's interest to provide the new address or telephone number	148
to the custodial agency;	149

(15) The right of a victim of domestic violence to seek the	150
issuance of a civil protection order pursuant to section 3113.31	151
of the Revised Code, the right of a victim of a violation of	152
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	153
of the Revised Code, a violation of a substantially similar	154
municipal ordinance, or an offense of violence who is a family or	155
household member of the offender at the time of the offense to	156
seek the issuance of a temporary protection order pursuant to	157
section 2919.26 of the Revised Code, and the right of both types	158
of victims to be accompanied by a victim advocate during court	159
proceedings;	160

(16) The right of a victim of a sexually oriented offense	161
that is not a registration-exempt sexually oriented offense or of	162
a child-victim oriented offense that is committed by a person who	163
is convicted of or pleads guilty to an aggravated sexually	164
oriented offense, by a person who is adjudicated a sexual predator	165
or child-victim predator, or, in certain cases, by a person who is	166
determined to be a habitual sex offender or habitual child-victim	167
offender to receive, pursuant to section 2950.10 of the Revised	168
Code, notice that the person has registered with a sheriff under	169
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	170
notice of the person's name, the person's residence that is	171
registered, and the offender's school, institution of higher	172
education, or place of employment address or addresses that are	173
registered, and a summary of the manner in which the victim must	174
make a request to receive the notice. As used in this division,	175
"sexually oriented offense," "adjudicated a sexual predator,"	176
"habitual sex offender," "registration-exempt sexually oriented	177
offense," "aggravated sexually oriented offense," "child-victim	178
oriented offense," "adjudicated a child-victim predator," and	179
"habitual child-victim offender" have the same meanings as in	180
section 2950.01 of the Revised Code.	181

(17) The right of a victim of certain sexually violent	182
offenses committed by an offender who also is convicted of or	183
pleads guilty to a sexually violent predator specification and who	184
is sentenced to a prison term pursuant to division (A)(3) of	185
section 2971.03 of the Revised Code to receive, pursuant to	186
section 2930.16 of the Revised Code, notice of a hearing to	187
determine whether to modify the requirement that the offender	188
serve the entire prison term in a state correctional facility,	189
whether to continue, revise, or revoke any existing modification	190
of that requirement, or whether to terminate the prison term. As	191
used in this division, "sexually violent offense" and "sexually	192
violent predator specification" have the same meanings as in	193
section 2971.01 of the Revised Code.	194

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	195
prosecuting attorney, assistant prosecuting attorney, city	196
director of law, assistant city director of law, village	197
solicitor, assistant village solicitor, or similar chief legal	198
officer of a municipal corporation or an assistant of any of those	199
officers who prosecutes an offense committed in this state, upon	200
first contact with the victim of the offense, the victim's family,	201
or the victim's dependents, shall give the victim, the victim's	202
family, or the victim's dependents a copy of the pamphlet prepared	203
pursuant to division (A) of this section and explain, upon	204
request, the information in the pamphlet to the victim, the	205
victim's family, or the victim's dependents.	206

(b) Subject to division (B)(1)(c) of this section, a law	207
enforcement agency that investigates an offense or delinquent act	208
committed in this state shall give the victim of the offense or	209
delinquent act, the victim's family, or the victim's dependents a	210
copy of the pamphlet prepared pursuant to division (A) of this	211
section at one of the following times:	212

(i) Upon first contact with the victim, the victim's family,	213
or the victim's dependents;	214

(ii) If the offense or delinquent act is an offense of	215
violence, if the circumstances of the offense or delinquent act	216
and the condition of the victim, the victim's family, or the	217
victim's dependents indicate that the victim, the victim's family,	218
or the victim's dependents will not be able to understand the	219
significance of the pamphlet upon first contact with the agency,	220
and if the agency anticipates that it will have an additional	221
contact with the victim, the victim's family, or the victim's	222
dependents, upon the agency's second contact with the victim, the	223
victim's family, or the victim's dependents.	224

If the agency does not give the victim, the victim's family,	225
or the victim's dependents a copy of the pamphlet upon first	226
contact with them and does not have a second contact with the	227
victim, the victim's family, or the victim's dependents, the	228
agency shall mail a copy of the pamphlet to the victim, the	229
victim's family, or the victim's dependents at their last known	230
address.	231

(c) In complying on and after December 9, 1994, with the	232
duties imposed by division (B)(1)(a) or (b) of this section, an	233
official or a law enforcement agency shall use copies of the	234
pamphlet that are in the official's or agency's possession on	235
December 9, 1994, until the official or agency has distributed all	236
of those copies. After the official or agency has distributed all	237
of those copies, the official or agency shall use only copies of	238
the pamphlet that contain at least the information described in	239
divisions (A)(1) to (17) of this section.	240

(2) The failure of a law enforcement agency or of a	241
prosecuting attorney, assistant prosecuting attorney, city	242
director of law, assistant city director of law, village	243
solicitor, assistant village solicitor, or similar chief legal	244
officer of a municipal corporation or an assistant to any of those	245
officers to give, as required by division (B)(1) of this section,	246
the victim of an offense or delinquent act, the victim's family,	247
or the victim's dependents a copy of the pamphlet prepared	248
pursuant to division (A) of this section does not give the victim,	249
the victim's family, the victim's dependents, or a victim's	250
representative any rights under section 2743.51 to 2743.72,	251
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	252
Revised Code or under any other provision of the Revised Code and	253
does not affect any right under those sections.	254

(3) A law enforcement agency, a prosecuting attorney or	255
assistant prosecuting attorney, or a city director of law,	256
assistant city director of law, village solicitor, assistant	257
village solicitor, or similar chief legal officer of a municipal	258
corporation that distributes a copy of the pamphlet prepared	259
pursuant to division (A) of this section shall not be required to	260
distribute a copy of an information card or other printed material	261
provided by the clerk of the court of claims pursuant to section	262
2743.71 of the Revised Code.	263

(C) The cost of printing and distributing the pamphlet	264
prepared pursuant to division (A) of this section shall be paid	265
out of the reparations fund, created pursuant to section 2743.191	266
of the Revised Code, in accordance with division (D) of that	267
section.	268

(1) "Victim's representative" has the same meaning as in	270
section 2930.01 of the Revised Code;	271

(2) "Victim advocate" has the same meaning as in section	272
2919.26 of the Revised Code.	273