SENATORS Jacobson, Amstutz, Austria, Coughlin, Randy Gardner, Goodman, Harris, Hottinger, Spada, Stivers

To amend sections 2152.82, 2152.83, 2152.84, 2152.85,

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2929.13, 2929.19, 2929.21, 2950.01, 2950.02,

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2950.03, 2950.04, 2950.05, 2950.06, 2950.07,

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2950.08, 2950.081, 2950.09, 2950.10, 2950.11,

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2950.12, 2950.13, and 2950.99 and to enact section

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2950.111 of the Revised Code to modify the Sex

6

Offender Registration and Notification Law by

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adopting most of the recommendations of the

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Governor's Sex Offender Registration and

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Notification Task Force, generally conforming the

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Law to federal guidelines, providing a penalty for

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failing to send a notice of intent to reside,

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clarifying that habitual sex offenders in another

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jurisdiction are habitual sex offenders under Ohio

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law, clarifying the Law's community notification

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provisions as applied to multi-resident buildings,

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specifying that convictions in courts of foreign

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nations are sexually oriented offenses under the

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Law, and making other changes in that Law, and to

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amend the versions of sections 2929.13 and 2929.19

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of the Revised Code that are scheduled to take

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effect on January 1, 2004, to continue the

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provisions of this act on and after that effective

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date.

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

Section 1. That sections 2152.82, 2152.83, 2152.84, 2152.85,	25
2929.13, 2929.19, 2929.21, 2950.01, 2950.02, 2950.03, 2950.04,	26
2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10,	27
2950.11, 2950.12, 2950.13, and 2950.99 be amended and section	28
2950.111 of the Revised Code be enacted to read as follows:	29

Sec. 2152.82. (A) The court that adjudicates a child a	30
delinquent child shall issue as part of the dispositional order an	31
order that classifies the child a juvenile sex offender registrant	32
and specifies that the child has a duty to register under section	33
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	34
Code if all of the following apply:	35

(1) The act for which the child is adjudicated a delinquent	36
child is a sexually oriented offense that the child committed on	37
or after January 1, 2002.	38

(2) The child was fourteen, fifteen, sixteen, or seventeen	39
years of age at the time of committing the offense.	40

(3) The court has determined that the child previously was	41
convicted of, pleaded guilty to, or was adjudicated a delinquent	42
child for committing any sexually oriented offense, regardless of	43
when the prior offense was committed and regardless of the child's	44
age at the time of committing the offense.	45

(B) An order required under division (A) of this section	46
shall be issued at the time the judge makes the orders of	47
disposition for the delinquent child. Prior to issuing the order	48
required by division (A) of this section, the judge shall conduct	49
the hearing and make the determinations required by division (B)	50
of section 2950.09 of the Revised Code to determine if the child	51
is to be classified a sexual predator, shall make the	52
determinations required by division (E) of that section to	53
determine if the child is to be classified a habitual sex	54
offender, and shall otherwise comply with those divisions. When a	55
judge issues an order under division (A) of this section, all of	56
the following apply:	57

(1) The judge shall include in the order any determination	58
that the delinquent child is, or is not, a sexual predator or is,	59
or is not, a habitual sex offender that the judge makes pursuant	60
to division (B) or (E) of section 2950.09 of the Revised Code and	61
any related information required or authorized under the division	62
under which the determination is made, including, but not limited	63
to, any requirement imposed by the court subjecting a child who is	64
a habitual sex offender to community notification provisions as	65
described in division (E) of that section.	66

(2) The judge shall include in the order a statement that,	67
upon completion of the disposition of the delinquent child that	68
was made for the sexually oriented offense upon which the order is	69
based, a hearing will be conducted, and the order and any	70
determinations included in the order are subject to modification	71
or termination pursuant to sections 2152.84 and 2152.85 of the	72
Revised Code.	73

(3) The judge shall provide a copy of the order to the	74
delinquent child and to the delinquent child's parent, guardian,	75
or custodian, as part of the notice providedrequired under	76
divisions (A) and (B) of section 2950.03 of the Revised Code and	77
shall provide as part of that notice a copy of the order.	78

(4) The judge shall include the order in the delinquent	79
child's dispositional order and shall specify in the dispositional	80
order that the order issued under division (A) of this section was	81
made pursuant to this section.	82

(C) An order issued under division (A) of this section and	83
any determinations included in the order shall remain in effect	84
for the period of time specified in section 2950.07 of the Revised	85
Code, subject to a modification or termination of the order under	86
section 2152.84 or 2152.85 of the Revised Code. If an order is	87
issued under division (A) of this section, the child's attainment	88
of eighteen or twenty-one years of age does not affect or	89
terminate the order, and the order remains in effect for the	90
period of time described in this division.	91

Sec. 2152.83. (A)(1) The court that adjudicates a child a	92
delinquent child shall issue as part of the dispositional order	93
or, if the court commits the child for the delinquent act to the	94
custody of a secure facility, shall issue at the time of the	95
child's release from the secure facility, an order that classifies	96
the child a juvenile sex offender registrant and specifies that	97
the child has a duty to register under sectioncomply with	98
sections 2950.04, 2950.05, and 2950.06 of the Revised Code if all	99
of the following apply:	100

(a) The act for which the child is or was adjudicated a	101
delinquent child is a sexually oriented offense that the child	102
committed on or after January 1, 2002.	103

(b) The child was sixteen or seventeen years of age at the	104
time of committing the offense.	105

(c) The court was not required to classify the child a	106
juvenile sex offender registrant under section 2152.82 of the	107
Revised Code.	108

(2) Prior to issuing the order required by division (A)(2) of	109
this section, the judge shall conduct the hearing and make the	110
determinations required by division (B) of section 2950.09 of the	111
Revised Code to determine if the child is to be classified as a	112
sexual predator, shall make the determinations required by	113
division (E) of that section to determine if the child is to be	114
classified as a habitual sex offender, and shall otherwise comply	115
with those divisions. When a judge issues an order under division	116
(A)(1) of this section, the judge shall include in the order all	117
of the determinations and information identified in division	118
(B)(1) of section 2152.82 of the Revised Code that are relevant.	119

(B)(1) The court that adjudicates a child a delinquent child,	120
on the judge's own motion, may conduct at the time of disposition	121
of the child or, if the court commits the child for the delinquent	122
act to the custody of a secure facility, may conduct at the time	123
of the child's release from the secure facility, a hearing for the	124
purposes described in division (B)(2) of this section if all of	125
the following apply:	126

(a) The act for which the child is adjudicated a delinquent	127
child is a sexually oriented offense that the child committed on	128
or after January 1, 2002.	129

(b) The child was fourteen or fifteen years of age at the	130
time of committing the offense.	131

(c) The court was not required to classify the child a	132
juvenile sex offender registrant under section 2152.82 of the	133
Revised Code.	134

(2) A judge shall conduct a hearing under division (B)(1) of	135
this section to review the effectiveness of the disposition made	136
of the child and of any treatment provided for the child placed in	137
a secure setting and to determine whether the child should be	138
classified a juvenile sex offender registrant. The judge may	139
conduct the hearing on the judge's own initiative or based upon a	140
recommendation of an officer or employee of the department of	141
youth services, a probation officer, an employee of the court, or	142
a prosecutor or law enforcement officer. If the judge conducts the	143
hearing, upon completion of the hearing, the judge, in the judge's	144
discretion and after consideration of the factors listed in	145
division (E) of this section, shall do either of the following:	146

(a) Decline to issue an order that classifies the child a	147
juvenile sex offender registrant and specifies that the child has	148
a duty to register under sectioncomply with sections 2950.04,	149
2950.05, and 2950.06 of the Revised Code;	150

(b) Issue an order that classifies the child a juvenile sex	151
offender registrant and specifies that the child has a duty to	152
register under sectioncomply with sections 2950.04, 2950.05, and	153
2950.06 of the Revised Code and, if the judge determinesconducts	154
a hearing as described in division (C) of this section thatto	155
determine whether the child is a sexual predator or a habitual sex	156
offender, include in the order a statement that the judge has	157
determined that the child is, or is not, a sexual predator or a	158
habitual sex offender, whichever is applicable.	159

(C) A judge may issue an order under division (B) of this	160
section that contains a determination that a delinquent child is a	161
sexual predator only if the judge, in accordance with the	162
procedures specified in division (B) of section 2950.09 of the	163
Revised Code, determines at the hearing by clear and convincing	164
evidence that the child is a sexual predator. A judge may issue an	165
order under division (B) of this section that contains a	166
determination that a delinquent child is a habitual sex offender	167
only if the judge at the hearing determines as described in	168
division (E) of section 2950.09 of the Revised Code that the child	169
is a habitual sex offender. If the judge issues an order under	170
division (B) of this section that contains a determination that a	171
delinquent child is a habitual sex offender, the judge may impose	172
a requirement subjecting the child to community notification	173
provisions as described in division (E) of section 2950.09 of the	174
Revised Code. If the court conducts a hearing as described in this	175
division to determine whether the child is a sexual predator or a	176
habitual sex offender, the judge shall comply with division (B) or	177
(E) of section 2950.09 of the Revised Code, whichever is	178
applicable, in all regards.	179

(D) If a judge issues an order under division (A) or (B) of	180
this section, the judge shall provide to the delinquent child and	181
to the delinquent child's parent, guardian, or custodian a copy of	182
the order and a notice containing the information described in	183
divisions (A) and (B) of section 2950.03 of the Revised Code. The	184
judge shall provide the notice at the time of the issuance of the	185
order, shall provide the notice as described in division (B)(1)(c)	186
of that section, and shall comply with divisions (B)(1), (B)(2),	187
and (C) of that section regarding that notice and the provision of	188
it.	189

The judge also shall include in the order a statement that,	190
upon completion of the disposition of the delinquent child that	191
was made for the sexually oriented offense upon which the order is	192
based, a hearing will be conducted and the order is subject to	193
modification or termination pursuant to section 2152.84 of the	194
Revised Code.	195

(E) In making a decision under division (B) of this section	196
as to whether a delinquent child should be classified a juvenile	197
sex offender registrant and, if so, whether the child also is a	198
sexual predator or a habitual sex offender, a judge shall consider	199
all relevant factors, including, but not limited to, all of the	200
following:	201

(1) The nature of the sexually oriented offense committed by	202
the child;	203

(2) Whether the child has shown any genuine remorse or	204
compunction for the offense;	205

(3) The public interest and safety;

206

(4) The factors set forth in division (B)(3) of section	207
2950.09 of the Revised Code;	208

(5) The factors set forth in divisions (B) and (C) of section	209
2929.12 of the Revised Code as those factors apply regarding the	210
delinquent child, the offense, and the victim;	211

(6) The results of any treatment provided to the child and of	212
any follow-up professional assessment of the child.	213

(F) An order issued under division (A) or (B) of this section	214
shall remain in effect for the period of time specified in section	215
2950.07 of the Revised Code, subject to a modification or	216
termination of the order under section 2152.84 of the Revised	217
Code. The child's attainment of eighteen or twenty-one years of	218
age does not affect or terminate the order, and the order remains	219
in effect for the period of time described in this division.	220

(G) As used in the section, "secure facility" has the same	221
meaning as in section 2950.01 of the Revised Code.	222

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	223
order under section 2152.82 or division (A) or (B) of section	224
2152.83 of the Revised Code that classifies a delinquent child a	225
juvenile sex offender registrant and specifies that the child has	226
a duty to register under sectioncomply with sections 2950.04,	227
2950.05, and 2950.06 of the Revised Code, upon completion of the	228
disposition of that child made for the sexually oriented offense	229
on which the juvenile sex offender registrant order was based, the	230
judge or the judge's successor in office shall conduct a hearing	231
to review the effectiveness of the disposition and of any	232
treatment provided for the child, to determine the risks that the	233
child might re-offend, and to determine whether the prior	234
classification of the child as a juvenile sex offender registrant	235
and, if applicable, as a sexual predator or habitual sex offender	236
should be continued, modified, or terminated as provided under	237
division (A)(2) of this section.	238

(2) Upon completion of a hearing under division (A)(1) of	239
this section, the judge, in the judge's discretion and after	240
consideration of the factors listed in division (E) of section	241
2152.83 of the Revised Code, shall do one of the following, as	242
applicable:	243

(a) Enter an order that continues the classification of the	244
delinquent child made in the prior order issued under section	245
2152.82 or division (A) or (B) of section 2152.83 of the Revised	246
Code, and any sexual predator or habitual sex offender	247
determination included in the order;	248

(b) If the prior order was issued under section 2152.82 or	249
division (A) of section 2152.83 of the Revised Code and includes a	250
determination by the judge that the delinquent child is a sexual	251
predator, enter an order that contains a determination that the	252
delinquent child no longer is a sexual predator, the reason or	253
reasons for that determination, and that also contains either a	254
determination that the delinquent child is a habitual sex offender	255
or a determination that the delinquent child remains a juvenile	256
sex offender registrant but is not a sexual predator or habitual	257
sex offender;	258

(c) If the prior order was issued under section 2152.82 or	259
division (A) of section 2152.83 of the Revised Code and does not	260
include a sexual predator determination as described in division	261
(A)(2)(b) of this section but includes a determination by the	262
judge that the delinquent child is a habitual sex offender, enter	263
an order that contains a determination that the delinquent child	264
no longer is a habitual sex offender and that also contains a	265
determination that the delinquent child remains a juvenile sex	266
offender registrant but is not a habitual sex offender;	267

(d) If the prior order was issued under division (B) of	268
section 2152.83 of the Revised Code and includes a determination	269
by the judge that the delinquent child is a sexual predator, enter	270
an order that contains a determination that the delinquent child	271
no longer is a sexual predator, the reason or reasons for that	272
determination, and that also contains a determination that the	273
delinquent child is a habitual sex offender, a determination that	274
the delinquent child remains a juvenile sex offender registrant	275
but is not a sexual predator or habitual sex offender, or a	276
determination that specifies that the delinquent child no longer	277
is a juvenile sex offender registrant and no longer has a duty to	278
register under sectioncomply with sections 2950.04, 2950.05, and	279
2950.06 of the Revised Code;	280

(e) If the prior order was issued under division (B) of	281
section 2152.83 of the Revised Code and does not include a sexual	282
predator determination as described in division (A)(2)(d) of this	283
section but includes a determination by the judge that the	284
delinquent child is a habitual sex offender, enter an order that	285
contains a determination that the child no longer is a habitual	286
sex offender and that also contains either a determination that	287
the child remains a juvenile sex offender registrant but is not a	288
sexual predator or habitual sex offender or a determination that	289
specifies that the child no longer is a juvenile sex offender	290
registrant and no longer has a duty to register under section	291
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	292
Code;	293

(f) If the prior order was issued under division (B) of	294
section 2152.83 of the Revised Code and does not include a sexual	295
predator determination or a habitual sex offender determination as	296
described in divisions (A)(2)(d) and (e) of this section, enter an	297
order that contains a determination that the delinquent child no	298
longer is a juvenile sex offender registrant and no longer has a	299
duty to register under sectioncomply with sections 2950.04,	300
2950.05, and 2950.06 of the Revised Code.	301

(B) If a judge issues an order under division (A)(2)(a) of	302
this section that continues the prior classification of the	303
delinquent child as a juvenile sex offender registrant and any	304
sexual predator or habitual sex offender determination included in	305
the order, the prior classification and the prior determination,	306
if applicable, shall remain in effect.	307

A judge may issue an order under division (A)(2) of this	308
section that contains a determination that a child no longer is a	309
sexual predator only if the judge, in accordance with the	310
procedures specified in division (D)(1) of section 2950.09 of the	311
Revised Code, determines at the hearing by clear and convincing	312
evidence that the delinquent child is unlikely to commit a	313
sexually oriented offense in the future. If the judge issues an	314
order of that type, the judge shall provide the notifications	315
described in division (D)(1) of section 2950.09 of the Revised	316
Code, and the recipient of the notification shall comply with the	317
provisions of that division.	318

If a judge issues an order under division (A)(2) of this	319
section that otherwise reclassifies the delinquent child, the	320
judge shall provide a copy of the order to the bureau of criminal	321
identification and investigation, and the bureau, upon receipt of	322
the copy of the order, promptly shall notify the sheriff with whom	323
the child most recently registered under section 2950.04 of the	324
Revised Code of the reclassification.	325

(C) If a judge issues an order under any provision of	326
division (A)(2) of this section, the judge shall provide to the	327
delinquent child and to the delinquent child's parent, guardian,	328
or custodian a copy of the order and a notice containing the	329
information described in divisions (A) and (B) of section 2950.03	330
of the Revised Code. The judge shall provide the notice at the	331
time of the issuance of the order, shall provide the notice as	332
described in division (B)(1)(c) of that section, and shall comply	333
with divisions (B)(1), (B)(2), and (C) of that section regarding	334
that notice and the provision of it.	335

(D) In making a decision under division (A) of this section,	336
a judge shall consider all relevant factors, including, but not	337
limited to, the factors listed in division (E) of section 2152.83	338
of the Revised Code.	339

(E) An order issued under division (A)(2) of this section and	340
any determinations included in the order shall remain in effect	341
for the period of time specified in section 2950.07 of the Revised	342
Code, subject to a modification or termination of the order under	343
section 2152.85 of the Revised Code. If an order is issued under	344
division (A)(2) of this section, the child's attainment of	345
eighteen or twenty-one years of age does not affect or terminate	346
the order, and the order remains in effect for the period of time	347
described in this division.	348

Sec. 2152.85. (A) Upon the expiration of the applicable	349
period of time specified in division (B)(1) or (2) of this	350
section, a delinquent child who has been classified pursuant to	351
this section or section 2152.82 or 2152.83 of the Revised Code a	352
juvenile sex offender registrant may petition the judge who made	353
the classification, or that judge's successor in office, to do one	354
of the following:	355

(1) If the order containing the juvenile sex offender	356
registrant classification also includes a determination by the	357
juvenile court judge that the delinquent child is a sexual	358
predator relative to the sexually oriented offense in the manner	359
described in section 2152.82 or 2152.83 of the Revised Code and	360
that determination remains in effect, to enter an order that	361
contains a determination that the child no longer is a sexual	362
predator, the reason or reasons for that determination, and that	363
also contains either a determination that the child is a habitual	364
sex offender or a determination that the child remains a juvenile	365
sex offender registrant but is not a sexual predator or habitual	366
sex offender;	367

(2) If the order containing the juvenile sex offender	368
registrant classification under section 2152.82 or 2152.83 of the	369
Revised Code or under division (C)(2) of this section pursuant to	370
a petition filed under division (A) of this section does not	371
include a sexual predator determination as described in division	372
(A)(1) of this section but includes a determination by the	373
juvenile court judge that the delinquent child is a habitual sex	374
offender relative to the sexually oriented offense in the manner	375
described in section 2152.82 or 2152.83 of the Revised Code, or in	376
this section, and that determination remains in effect, to enter	377
an order that contains a determination that the child no longer is	378
a habitual sex offender and that also contains either a	379
determination that the child remains a juvenile sex offender	380
registrant or a determination that the child no longer is a	381
juvenile sex offender registrant and no longer has a duty to	382
register under sectioncomply with sections 2950.04, 2950.05, and	383
2950.06 of the Revised Code;	384

(3) If the order containing the juvenile sex offender	385
registrant classification under section 2152.82 or 2152.83 of the	386
Revised Code or under division (C)(2) of this section pursuant to	387
a petition filed under division (A) of this section does not	388
include a sexual predator or habitual sex offender determination	389
as described in division (A)(1) or (2) of this section, to enter	390
an order that contains a determination that the child no longer is	391
a juvenile sex offender registrant and no longer has a duty to	392
register under sectioncomply with sections 2950.04, 2950.05, and	393
2950.06 of the Revised Code.	394

(B) A delinquent child who has been adjudicated a delinquent	395
child for committing on or after the effective date of this	396
sectionJanuary 1, 2002, a sexually oriented offense and who has	397
been classified a juvenile sex offender registrant relative to	398
that sexually oriented offense may file a petition under division	399
(A) of this section requesting reclassification or	400
declassification as described in that division after the	401
expiration of one of the following periods of time:	402

(1) The delinquent child initially may file a petition not	403
earlier than three years after the entry of the juvenile court	404
judge's order after the mandatory hearing conducted under section	405
2152.84 of the Revised Code.	406

(2) After the delinquent child's initial filing of a petition	407
under division (B)(1) of this section, the child may file a second	408
petition not earlier than three years after the judge has entered	409
an order deciding the petition under division (B)(1) of this	410
section.	411

(3) After the delinquent child's filing of a petition under	412
division (B)(2) of this section, thereafter, the delinquent child	413
may file a petition under this division upon the expiration of	414
five years after the judge has entered an order deciding the	415
petition under division (B)(2) of this section or the most recent	416
petition the delinquent child has filed under this division.	417

(C) Upon the filing of a petition under divisions (A) and (B)	418
of this section, the judge may review the prior classification or	419
determination in question and, upon consideration of all relevant	420
factors and information, including, but not limited to the factors	421
listed in division (E) of section 2152.83 of the Revised Code, the	422
judge, in the judge's discretion, shall do one of the following:	423

(1) Enter an order denying the petition;

424

(2) Issue an order that reclassifies or declassifies the	425
delinquent child, in the requested manner specified in division	426
(A)(1), (2), or (3) of this section.	427

(D) If a judge issues an order under division (C) of this	428
section that denies a petition, the prior classification of the	429
delinquent child as a juvenile sex offender registrant, and the	430
prior determination that the child is a sexual predator or	431
habitual sex offender, if applicable, shall remain in effect.	432

A judge may issue an order under division (C) of this section	433
that contains a determination that a child no longer is a sexual	434
predator only if the judge conducts a hearing and, in accordance	435
with the procedures specified in division (D)(1) of section	436
2950.09 of the Revised Code, determines at the hearing by clear	437
and convincing evidence that the delinquent child is unlikely to	438
commit a sexually oriented offense in the future. If the judge	439
issues an order of that type, the judge shall provide the	440
notifications described in division (D)(1) of section 2950.09 of	441
the Revised Code, and the recipient of the notification shall	442
comply with the provisions of that division.	443

A judge may issue an order under division (C) of this section	444
that contains a determination that a delinquent child is a	445
habitual sex offender only if the judge conducts a hearing and	446
determines at the hearing as described in division (E) of section	447
2950.09 of the Revised Code that the child is a habitual sex	448
offender. If the judge issues an order that contains a	449
determination that a delinquent child is a habitual sex offender,	450
the judge may impose a requirement subjecting the child to	451
community notification provisions as described in that division.	452

(E) If a judge issues an order under division (C) of this	453
section, the judge shall provide to the delinquent child and to	454
the delinquent child's parent, guardian, or custodian a copy of	455
the order and a notice containing the information described in	456
divisions (A) and (B) of section 2950.03 of the Revised Code. The	457
judge shall provide the notice at the time of the issuance of the	458
order, shall provide the notice as described in division (B)(1)(c)	459
of section 2950.03 of the Revised Code, and shall comply with	460
divisions (B)(1), (B)(2), and (C) of that section regarding that	461
notice and the provision of it.	462

(F) An order issued under division (C) of this section shall	463
remain in effect for the period of time specified in section	464
2950.07 of the Revised Code, subject to a further modification or	465
a termination of the order under this section. If an order is	466
issued under division (C) of this section, the child's attainment	467
of eighteen or twenty-one years of age does not affect or	468
terminate the order, and the order remains in effect for the	469
period of time described in this division.	470

Sec. 2929.13.  (A) Except as provided in division (E), (F),	471
or (G) of this section and unless a specific sanction is required	472
to be imposed or is precluded from being imposed pursuant to law,	473
a court that imposes a sentence upon an offender for a felony may	474
impose any sanction or combination of sanctions on the offender	475
that are provided in sections 2929.14 to 2929.18 of the Revised	476
Code. The sentence shall not impose an unnecessary burden on state	477
or local government resources.	478

If the offender is eligible to be sentenced to community	479
control sanctions, the court shall consider the appropriateness of	480
imposing a financial sanction pursuant to section 2929.18 of the	481
Revised Code or a sanction of community service pursuant to	482
section 2929.17 of the Revised Code as the sole sanction for the	483
offense. Except as otherwise provided in this division, if the	484
court is required to impose a mandatory prison term for the	485
offense for which sentence is being imposed, the court also may	486
impose a financial sanction pursuant to section 2929.18 of the	487
Revised Code but may not impose any additional sanction or	488
combination of sanctions under section 2929.16 or 2929.17 of the	489
Revised Code.	490

If the offender is being sentenced for a fourth degree felony	491
OMVI offense or for a third degree felony OMVI offense, in	492
addition to the mandatory term of local incarceration or the	493
mandatory prison term required for the offense by division (G)(1)	494
or (2) of this section, the court shall impose upon the offender a	495
mandatory fine in accordance with division (B)(3) of section	496
2929.18 of the Revised Code and may impose whichever of the	497
following is applicable:	498

(1) For a fourth degree felony OMVI offense for which	499
sentence is imposed under division (G)(1) of this section, an	500
additional community control sanction or combination of community	501
control sanctions under section 2929.16 or 2929.17 of the Revised	502
Code;	503

(2) For a third or fourth degree felony OMVI offense for	504
which sentence is imposed under division (G)(2) of this section,	505
an additional prison term as described in division (D)(4) of	506
section 2929.14 of the Revised Code.	507

(B)(1) Except as provided in division (B)(2), (E), (F), or	508
(G) of this section, in sentencing an offender for a felony of the	509
fourth or fifth degree, the sentencing court shall determine	510
whether any of the following apply:	511

(a) In committing the offense, the offender caused physical	512
harm to a person.	513

(b) In committing the offense, the offender attempted to	514
cause or made an actual threat of physical harm to a person with a	515
deadly weapon.	516

(c) In committing the offense, the offender attempted to	517
cause or made an actual threat of physical harm to a person, and	518
the offender previously was convicted of an offense that caused	519
physical harm to a person.	520

(d) The offender held a public office or position of trust	521
and the offense related to that office or position; the offender's	522
position obliged the offender to prevent the offense or to bring	523
those committing it to justice; or the offender's professional	524
reputation or position facilitated the offense or was likely to	525
influence the future conduct of others.	526

(e) The offender committed the offense for hire or as part of	527
an organized criminal activity.	528

(f) The offense is a sex offense that is a fourth or fifth	529
degree felony violation of section 2907.03, 2907.04, 2907.05,	530
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	531
Revised Code.	532

(g) The offender at the time of the offense was serving, or	533
the offender previously had served, a prison term.	534

(h) The offender committed the offense while under a	535
community control sanction, while on probation, or while released	536
from custody on a bond or personal recognizance.	537

(i) The offender committed the offense while in possession of	538
a firearm.	539

(2)(a) If the court makes a finding described in division	540
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	541
section and if the court, after considering the factors set forth	542
in section 2929.12 of the Revised Code, finds that a prison term	543
is consistent with the purposes and principles of sentencing set	544
forth in section 2929.11 of the Revised Code and finds that the	545
offender is not amenable to an available community control	546
sanction, the court shall impose a prison term upon the offender.	547

(b) Except as provided in division (E), (F), or (G) of this	548
section, if the court does not make a finding described in	549
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	550
this section and if the court, after considering the factors set	551
forth in section 2929.12 of the Revised Code, finds that a	552
community control sanction or combination of community control	553
sanctions is consistent with the purposes and principles of	554
sentencing set forth in section 2929.11 of the Revised Code, the	555
court shall impose a community control sanction or combination of	556
community control sanctions upon the offender.	557

(C) Except as provided in division (E), (F), or (G) of this	558
section, in determining whether to impose a prison term as a	559
sanction for a felony of the third degree or a felony drug offense	560
that is a violation of a provision of Chapter 2925. of the Revised	561
Code and that is specified as being subject to this division for	562
purposes of sentencing, the sentencing court shall comply with the	563
purposes and principles of sentencing under section 2929.11 of the	564
Revised Code and with section 2929.12 of the Revised Code.	565

(D) Except as provided in division (E) or (F) of this	566
section, for a felony of the first or second degree and for a	567
felony drug offense that is a violation of any provision of	568
Chapter 2925., 3719., or 4729. of the Revised Code for which a	569
presumption in favor of a prison term is specified as being	570
applicable, it is presumed that a prison term is necessary in	571
order to comply with the purposes and principles of sentencing	572
under section 2929.11 of the Revised Code. Notwithstanding the	573
presumption established under this division, the sentencing court	574
may impose a community control sanction or a combination of	575
community control sanctions instead of a prison term on an	576
offender for a felony of the first or second degree or for a	577
felony drug offense that is a violation of any provision of	578
Chapter 2925., 3719., or 4729. of the Revised Code for which a	579
presumption in favor of a prison term is specified as being	580
applicable if it makes both of the following findings:	581

(1) A community control sanction or a combination of	582
community control sanctions would adequately punish the offender	583
and protect the public from future crime, because the applicable	584
factors under section 2929.12 of the Revised Code indicating a	585
lesser likelihood of recidivism outweigh the applicable factors	586
under that section indicating a greater likelihood of recidivism.	587

(2) A community control sanction or a combination of	588
community control sanctions would not demean the seriousness of	589
the offense, because one or more factors under section 2929.12 of	590
the Revised Code that indicate that the offender's conduct was	591
less serious than conduct normally constituting the offense are	592
applicable, and they outweigh the applicable factors under that	593
section that indicate that the offender's conduct was more serious	594
than conduct normally constituting the offense.	595

(E)(1) Except as provided in division (F) of this section,	596
for any drug offense that is a violation of any provision of	597
Chapter 2925. of the Revised Code and that is a felony of the	598
third, fourth, or fifth degree, the applicability of a presumption	599
under division (D) of this section in favor of a prison term or of	600
division (B) or (C) of this section in determining whether to	601
impose a prison term for the offense shall be determined as	602
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	603
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	604
Revised Code, whichever is applicable regarding the violation.	605

(2) If an offender who was convicted of or pleaded guilty to	606
a felony violates the conditions of a community control sanction	607
imposed for the offense solely by reason of producing positive	608
results on a drug test, the court, as punishment for the violation	609
of the sanction, shall not order that the offender be imprisoned	610
unless the court determines on the record either of the following:	611

(a) The offender had been ordered as a sanction for the	612
felony to participate in a drug treatment program, in a drug	613
education program, or in narcotics anonymous or a similar program,	614
and the offender continued to use illegal drugs after a reasonable	615
period of participation in the program.	616

(b) The imprisonment of the offender for the violation is	617
consistent with the purposes and principles of sentencing set	618
forth in section 2929.11 of the Revised Code.	619

(F) Notwithstanding divisions (A) to (E) of this section, the	620
court shall impose a prison term or terms under sections 2929.02	621
to 2929.06, section 2929.14, or section 2971.03 of the Revised	622
Code and except as specifically provided in section 2929.20 or	623
2967.191 of the Revised Code or when parole is authorized for the	624
offense under section 2967.13 of the Revised Code shall not reduce	625
the terms pursuant to section 2929.20, section 2967.193, or any	626
other provision of Chapter 2967. or Chapter 5120. of the Revised	627
Code for any of the following offenses:	628

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

629

(2) Any rape, regardless of whether force was involved and	630
regardless of the age of the victim, or an attempt to commit rape	631
if, had the offender completed the rape that was attempted, the	632
offender would have been subject to a sentence of life	633
imprisonment or life imprisonment without parole for the rape;	634

(3) Gross sexual imposition or sexual battery, if the victim	635
is under thirteen years of age, if the offender previously was	636
convicted of or pleaded guilty to rape, the former offense of	637
felonious sexual penetration, gross sexual imposition, or sexual	638
battery, and if the victim of the previous offense was under	639
thirteen years of age;	640

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	641
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	642
requires the imposition of a prison term;	643

(5) A first, second, or third degree felony drug offense for	644
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	645
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	646
4729.99 of the Revised Code, whichever is applicable regarding the	647
violation, requires the imposition of a mandatory prison term;	648

(6) Any offense that is a first or second degree felony and	649
that is not set forth in division (F)(1), (2), (3), or (4) of this	650
section, if the offender previously was convicted of or pleaded	651
guilty to aggravated murder, murder, any first or second degree	652
felony, or an offense under an existing or former law of this	653
state, another state, or the United States that is or was	654
substantially equivalent to one of those offenses;	655

(7) Any offense that is a third degree felony and that is	656
listed in division (DD)(1) of section 2929.01 of the Revised Code	657
if the offender previously was convicted of or pleaded guilty to	658
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	659
section 2929.01 of the Revised Code;	660

(8) Any offense, other than a violation of section 2923.12 of	661
the Revised Code, that is a felony, if the offender had a firearm	662
on or about the offender's person or under the offender's control	663
while committing the felony, with respect to a portion of the	664
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	665
of the Revised Code for having the firearm;	666

(9) Any offense of violence that is a felony, if the offender	667
wore or carried body armor while committing the felony offense of	668
violence, with respect to the portion of the sentence imposed	669
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	670
Code for wearing or carrying the body armor;	671

(10) Corrupt activity in violation of section 2923.32 of the	672
Revised Code when the most serious offense in the pattern of	673
corrupt activity that is the basis of the offense is a felony of	674
the first degree;	675

(11) Any sexually violent offense for which the offender also	676
is convicted of or pleads guilty to a sexually violent predator	677
specification that was included in the indictment, count in the	678
indictment, or information charging the sexually violent offense;	679

(12) A violation of division (A)(1) or (2) of section 2921.36	680
of the Revised Code, or a violation of division (C) of that	681
section involving an item listed in division (A)(1) or (2) of that	682
section, if the offender is an officer or employee of the	683
department of rehabilitation and correction.	684

(G) Notwithstanding divisions (A) to (E) of this section, if	685
an offender is being sentenced for a fourth degree felony OMVI	686
offense or for a third degree felony OMVI offense, the court shall	687
impose upon the offender a mandatory term of local incarceration	688
or a mandatory prison term in accordance with the following:	689

(1) If the offender is being sentenced for a fourth degree	690
felony OMVI offense, the court may impose upon the offender a	691
mandatory term of local incarceration of sixty days as specified	692
in division (A)(4) of section 4511.99 of the Revised Code or a	693
mandatory term of local incarceration of one hundred twenty days	694
as specified in division (A)(8) of that section. The court shall	695
not reduce the term pursuant to section 2929.20, 2967.193, or any	696
other provision of the Revised Code. The court that imposes a	697
mandatory term of local incarceration under this division shall	698
specify whether the term is to be served in a jail, a	699
community-based correctional facility, a halfway house, or an	700
alternative residential facility, and the offender shall serve the	701
term in the type of facility specified by the court. A mandatory	702
term of local incarceration imposed under division (G)(1) of this	703
section is not subject to extension under section 2967.11 of the	704
Revised Code, to a period of post-release control under section	705
2967.28 of the Revised Code, or to any other Revised Code	706
provision that pertains to a prison term.	707

(2) If the offender is being sentenced for a third degree	708
felony OMVI offense, or if the offender is being sentenced for a	709
fourth degree felony OMVI offense and the court does not impose a	710
mandatory term of local incarceration under division (G)(1) of	711
this section, the court shall impose upon the offender a mandatory	712
prison term of sixty days as specified in division (A)(4) of	713
section 4511.99 of the Revised Code or a mandatory prison term of	714
one hundred twenty days as specified in division (A)(8) of that	715
section. The court shall not reduce the term pursuant to section	716
2929.20, 2967.193, or any other provision of the Revised Code. In	717
no case shall an offender who once has been sentenced to a	718
mandatory term of local incarceration pursuant to division (G)(1)	719
of this section for a fourth degree felony OMVI offense be	720
sentenced to another mandatory term of local incarceration under	721
that division for any violation of division (A) of section 4511.19	722
of the Revised Code. The court shall not sentence the offender to	723
a community control sanction under section 2929.16 or 2929.17 of	724
the Revised Code. The department of rehabilitation and correction	725
may place an offender sentenced to a mandatory prison term under	726
this division in an intensive program prison established pursuant	727
to section 5120.033 of the Revised Code if the department gave the	728
sentencing judge prior notice of its intent to place the offender	729
in an intensive program prison established under that section and	730
if the judge did not notify the department that the judge	731
disapproved the placement. Upon the establishment of the initial	732
intensive program prison pursuant to section 5120.033 of the	733
Revised Code that is privately operated and managed by a	734
contractor pursuant to a contract entered into under section 9.06	735
of the Revised Code, both of the following apply:	736

(a) The department of rehabilitation and correction shall	737
make a reasonable effort to ensure that a sufficient number of	738
offenders sentenced to a mandatory prison term under this division	739
are placed in the privately operated and managed prison so that	740
the privately operated and managed prison has full occupancy.	741

(b) Unless the privately operated and managed prison has full	742
occupancy, the department of rehabilitation and correction shall	743
not place any offender sentenced to a mandatory prison term under	744
this division in any intensive program prison established pursuant	745
to section 5120.033 of the Revised Code other than the privately	746
operated and managed prison.	747

(H) If an offender is being sentenced for a sexually oriented	748
offense committed on or after January 1, 1997, the judge shall	749
require the offender to submit to a DNA specimen collection	750
procedure pursuant to section 2901.07 of the Revised Code if	751
either of the following applies:	752

(1) The offense was a sexually violent offense, and the	753
offender also was convicted of or pleaded guilty to a sexually	754
violent predator specification that was included in the	755
indictment, count in the indictment, or information charging the	756
sexually violent offense.	757

(2) The judge imposing sentence for the sexually oriented	758
offense determines pursuant to division (B) of section 2950.09 of	759
the Revised Code that the offender is a sexual predator.	760

(I) If an offender is being sentenced for a sexually oriented	761
offense committed on or after January 1, 1997, the judge shall	762
include in the sentence a summary of the offender's duty to	763
register pursuant to sectionduties imposed under sections 2950.04	764
of the Revised Code, the offender's duty to provide notice of a	765
change in residence address and register the new residence address	766
pursuant to section, 2950.05 of the Revised Code, the offender's	767
duty to periodically verify the offender's current residence	768
address pursuant to section, and 2950.06 of the Revised Code, and	769
the duration of the duties. The judge shall inform the offender,	770
at the time of sentencing, of those duties and of their duration	771
and, if required under division (A)(2) of section 2950.03 of the	772
Revised Code, shall perform the duties specified in that section.	773

(J)(1) Except as provided in division (J)(2) of this section,	774
when considering sentencing factors under this section in relation	775
to an offender who is convicted of or pleads guilty to an attempt	776
to commit an offense in violation of section 2923.02 of the	777
Revised Code, the sentencing court shall consider the factors	778
applicable to the felony category of the violation of section	779
2923.02 of the Revised Code instead of the factors applicable to	780
the felony category of the offense attempted.	781

(2) When considering sentencing factors under this section in	782
relation to an offender who is convicted of or pleads guilty to an	783
attempt to commit a drug abuse offense for which the penalty is	784
determined by the amount or number of unit doses of the controlled	785
substance involved in the drug abuse offense, the sentencing court	786
shall consider the factors applicable to the felony category that	787
the drug abuse offense attempted would be if that drug abuse	788
offense had been committed and had involved an amount or number of	789
unit doses of the controlled substance that is within the next	790
lower range of controlled substance amounts than was involved in	791
the attempt.	792

(K) As used in this section, "drug abuse offense" has the	793
same meaning as in section 2925.01 of the Revised Code.	794

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	795
hearing before imposing a sentence under this chapter upon an	796
offender who was convicted of or pleaded guilty to a felony and	797
before resentencing an offender who was convicted of or pleaded	798
guilty to a felony and whose case was remanded pursuant to section	799
2953.07 or 2953.08 of the Revised Code. At the hearing, the	800
offender, the prosecuting attorney, the victim or the victim's	801
representative in accordance with section 2930.14 of the Revised	802
Code, and, with the approval of the court, any other person may	803
present information relevant to the imposition of sentence in the	804
case. The court shall inform the offender of the verdict of the	805
jury or finding of the court and ask the offender whether the	806
offender has anything to say as to why sentence should not be	807
imposed upon the offender.	808

(2) Except as otherwise provided in this division, before	809
imposing sentence on an offender who is being sentenced for a	810
sexually oriented offense that was committed on or after January	811
1, 1997, and that is not a sexually violent offense, and before	812
imposing sentence on an offender who is being sentenced for a	813
sexually violent offense committed on or after January 1, 1997,	814
and who was not charged with a sexually violent predator	815
specification in the indictment, count in the indictment, or	816
information charging the sexually violent offense, the court shall	817
conduct a hearing in accordance with division (B) of section	818
2950.09 of the Revised Code to determine whether the offender is a	819
sexual predator. The court shall not conduct a hearing under that	820
division if the offender is being sentenced for a sexually violent	821
offense and a sexually violent predator specification was included	822
in the indictment, count in the indictment, or information	823
charging the sexually violent offense. Before imposing sentence on	824
an offender who is being sentenced for a sexually oriented	825
offense, the court also shall comply with division (E) of section	826
2950.09 of the Revised Code.	827

(B)(1) At the sentencing hearing, the court, before imposing	828
sentence, shall consider the record, any information presented at	829
the hearing by any person pursuant to division (A) of this	830
section, and, if one was prepared, the presentence investigation	831
report made pursuant to section 2951.03 of the Revised Code or	832
Criminal Rule 32.2, and any victim impact statement made pursuant	833
to section 2947.051 of the Revised Code.	834

(2) The court shall impose a sentence and shall make a	835
finding that gives its reasons for selecting the sentence imposed	836
in any of the following circumstances:	837

(a) Unless the offense is a sexually violent offense for	838
which the court is required to impose sentence pursuant to	839
division (G) of section 2929.14 of the Revised Code, if it imposes	840
a prison term for a felony of the fourth or fifth degree or for a	841
felony drug offense that is a violation of a provision of Chapter	842
2925. of the Revised Code and that is specified as being subject	843
to division (B) of section 2929.13 of the Revised Code for	844
purposes of sentencing, its reasons for imposing the prison term,	845
based upon the overriding purposes and principles of felony	846
sentencing set forth in section 2929.11 of the Revised Code, and	847
any factors listed in divisions (B)(1)(a) to (i) of section	848
2929.13 of the Revised Code that it found to apply relative to the	849
offender.	850

(b) If it does not impose a prison term for a felony of the	851
first or second degree or for a felony drug offense that is a	852
violation of a provision of Chapter 2925. of the Revised Code and	853
for which a presumption in favor of a prison term is specified as	854
being applicable, its reasons for not imposing the prison term and	855
for overriding the presumption, based upon the overriding purposes	856
and principles of felony sentencing set forth in section 2929.11	857
of the Revised Code, and the basis of the findings it made under	858
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	859

(c) If it imposes consecutive sentences under section 2929.14	860
of the Revised Code, its reasons for imposing the consecutive	861
sentences;	862

(d) If the sentence is for one offense and it imposes a	863
prison term for the offense that is the maximum prison term	864
allowed for that offense by division (A) of section 2929.14 of the	865
Revised Code, its reasons for imposing the maximum prison term;	866

(e) If the sentence is for two or more offenses arising out	867
of a single incident and it imposes a prison term for those	868
offenses that is the maximum prison term allowed for the offense	869
of the highest degree by division (A) of section 2929.14 of the	870
Revised Code, its reasons for imposing the maximum prison term.	871

(3) Subject to division (B)(4) of this section, if the	872
sentencing court determines at the sentencing hearing that a	873
prison term is necessary or required, the court shall do all of	874
the following:	875

(a) Impose a stated prison term;

876

(b) Notify the offender that, as part of the sentence, the	877
parole board may extend the stated prison term for certain	878
violations of prison rules for up to one-half of the stated prison	879
term;	880

(c) Notify the offender that the offender will be supervised	881
under section 2967.28 of the Revised Code after the offender	882
leaves prison if the offender is being sentenced for a felony of	883
the first degree or second degree, for a felony sex offense, or	884
for a felony of the third degree in the commission of which the	885
offender caused or threatened to cause physical harm to a person;	886

(d) Notify the offender that the offender may be supervised	887
under section 2967.28 of the Revised Code after the offender	888
leaves prison if the offender is being sentenced for a felony of	889
the third, fourth, or fifth degree that is not subject to division	890
(B)(3)(c) of this section;	891

(e) Notify the offender that, if a period of supervision is	892
imposed following the offender's release from prison, as described	893
in division (B)(3)(c) or (d) of this section, and if the offender	894
violates that supervision or a condition of post-release control	895
imposed under division (B) of section 2967.131 of the Revised	896
Code, the parole board may impose a prison term, as part of the	897
sentence, of up to one-half of the stated prison term originally	898
imposed upon the offender;	899

(f) Require that the offender not ingest or be injected with	900
a drug of abuse and submit to random drug testing as provided in	901
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	902
is applicable to the offender who is serving a prison term, and	903
require that the results of the drug test administered under any	904
of those sections indicate that the offender did not ingest or was	905
not injected with a drug of abuse.	906

(4) If the offender is being sentenced for a sexually violent	907
offense that the offender committed on or after January 1, 1997,	908
and the offender also is convicted of or pleads guilty to a	909
sexually violent predator specification that was included in the	910
indictment, count in the indictment, or information charging the	911
sexually violent offense, if the offender is being sentenced for a	912
sexually oriented offense that the offender committed on or after	913
January 1, 1997, and the court imposing the sentence has	914
determined pursuant to division (B) of section 2950.09 of the	915
Revised Code that the offender is a sexual predator, or if the	916
offender is being sentenced for an aggravated sexually oriented	917
offense as defined in section 2950.01 of the Revised Code that the	918
offender committed on or after the effective date of this	919
amendment, the court shall include in the offender's sentence a	920
statement that the offender has been adjudicated as being a sexual	921
predator or has been convicted of or pleaded guilty to an	922
aggravated sexually oriented offense, whichever is applicable, and	923
shall comply with the requirements of section 2950.03 of the	924
Revised Code. Additionally, in the circumstances described in	925
division (G) of section 2929.14 of the Revised Code, the court	926
shall impose sentence on the offender as described in that	927
division.	928

(5) If the sentencing court determines at the sentencing	929
hearing that a community control sanction should be imposed and	930
the court is not prohibited from imposing a community control	931
sanction, the court shall impose a community control sanction. The	932
court shall notify the offender that, if the conditions of the	933
sanction are violated, if the offender commits a violation of any	934
law, or if the offender leaves this state without the permission	935
of the court or the offender's probation officer, the court may	936
impose a longer time under the same sanction, may impose a more	937
restrictive sanction, or may impose a prison term on the offender	938
and shall indicate the specific prison term that may be imposed as	939
a sanction for the violation, as selected by the court from the	940
range of prison terms for the offense pursuant to section 2929.14	941
of the Revised Code.	942

(6) Before imposing a financial sanction under section	943
2929.18 of the Revised Code or a fine under section 2929.25 of the	944
Revised Code, the court shall consider the offender's present and	945
future ability to pay the amount of the sanction or fine.	946

(7) If the sentencing court sentences the offender to a	947
sanction of confinement pursuant to section 2929.14 or 2929.16 of	948
the Revised Code that is to be served in a local detention	949
facility, as defined in section 2929.35 of the Revised Code, and	950
if the local detention facility is covered by a policy adopted	951
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	952
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	953
and section 2929.37 of the Revised Code, both of the following	954
apply:	955

(a) The court shall specify both of the following as part of	956
the sentence:	957

(i) If the offender is presented with an itemized bill	958
pursuant to section 2929.37 of the Revised Code for payment of the	959
costs of confinement, the offender is required to pay the bill in	960
accordance with that section.	961

(ii) If the offender does not dispute the bill described in	962
division (B)(7)(a)(i) of this section and does not pay the bill by	963
the times specified in section 2929.37 of the Revised Code, the	964
clerk of the court may issue a certificate of judgment against the	965
offender as described in that section.	966

(b) The sentence automatically includes any certificate of	967
judgment issued as described in division (B)(7)(a)(ii) of this	968
section.	969

(C)(1) If the offender is being sentenced for a fourth degree	970
felony OMVI offense under division (G)(1) of section 2929.13 of	971
the Revised Code, the court shall impose the mandatory term of	972
local incarceration in accordance with that division, shall impose	973
a mandatory fine in accordance with division (B)(3) of section	974
2929.18 of the Revised Code, and, in addition, may impose	975
additional sanctions as specified in sections 2929.15, 2929.16,	976
2929.17, and 2929.18 of the Revised Code. The court shall not	977
impose a prison term on the offender.	978

(2) If the offender is being sentenced for a third or fourth	979
degree felony OMVI offense under division (G)(2) of section	980
2929.13 of the Revised Code, the court shall impose the mandatory	981
prison term in accordance with that division, shall impose a	982
mandatory fine in accordance with division (B)(3) of section	983
2929.18 of the Revised Code, and, in addition, may impose an	984
additional prison term as specified in section 2929.14 of the	985
Revised Code. The court shall not impose any community control	986
sanction on the offender.	987

(D) The sentencing court, pursuant to division (K) of section	988
2929.14 of the Revised Code, may recommend placement of the	989
offender in a program of shock incarceration under section	990
5120.031 of the Revised Code or an intensive program prison under	991
section 5120.032 of the Revised Code, disapprove placement of the	992
offender in a program or prison of that nature, or make no	993
recommendation. If the court recommends or disapproves placement,	994
it shall make a finding that gives its reasons for its	995
recommendation or disapproval.	996

Sec. 2929.21.  (A) Except as provided in division (G) of this	997
section or in section 2929.23 of the Revised Code, whoever is	998
convicted of or pleads guilty to a misdemeanor other than a minor	999
misdemeanor shall be imprisoned for a definite term or fined, or	1000
both, which term of imprisonment and fine shall be fixed by the	1001
court as provided in this section.	1002

Whoever is convicted of or pleads guilty to committing,	1003
attempting to commit, or complicity in committing a violation of	1004
section 2909.03 of the Revised Code that is a misdemeanor, or a	1005
violation of division (A)(2) of section 2909.06 of the Revised	1006
Code when the means used are fire or explosion, shall be required	1007
to reimburse agencies for their investigation or prosecution costs	1008
in accordance with section 2929.28 of the Revised Code.	1009

(B) Except as provided in division (G) of this section, terms	1010
of imprisonment for misdemeanor shall be imposed as follows:	1011

(1) For a misdemeanor of the first degree, not more than six	1012
months;	1013

(2) For a misdemeanor of the second degree, not more than	1014
ninety days;	1015

(3) For a misdemeanor of the third degree, not more than	1016
sixty days;	1017

(4) For a misdemeanor of the fourth degree, not more than	1018
thirty days.	1019

(C) Fines for misdemeanor shall be imposed as follows:

1020

(1) For a misdemeanor of the first degree, not more than one	1021
thousand dollars;	1022

(2) For a misdemeanor of the second degree, not more than	1023
seven hundred fifty dollars;	1024

(3) For a misdemeanor of the third degree, not more than five	1025
hundred dollars;	1026

(4) For a misdemeanor of the fourth degree, not more than two	1027
hundred fifty dollars.	1028

(D) Whoever is convicted of or pleads guilty to a minor	1029
misdemeanor shall be fined not more than one hundred dollars.	1030

(E) The court may require a person who is convicted of or	1031
pleads guilty to a misdemeanor to make restitution for all or part	1032
of the property damage that is caused by the offense and for all	1033
or part of the value of the property that is the subject of any	1034
theft offense, as defined in division (K) of section 2913.01 of	1035
the Revised Code, that the person committed. If the court	1036
determines that the victim of the offense was sixty-five years of	1037
age or older or permanently or totally disabled at the time of the	1038
commission of the offense, the court, regardless of whether the	1039
offender knew the age of victim, shall consider this fact in favor	1040
of imposing restitution, but this fact shall not control the	1041
decision of the court.	1042

(F)(1) If a person is sentenced to a term of imprisonment	1043
pursuant to this section and the term of imprisonment is to be	1044
served in a county jail in a county that has established a county	1045
jail industry program pursuant to section 5147.30 of the Revised	1046
Code, the court shall specify, as part of the sentence, whether	1047
the person may be considered by the county sheriff of that county	1048
for participation in the county jail industry program. The court	1049
shall retain jurisdiction to modify its specification made	1050
pursuant to this division during the person's term of imprisonment	1051
upon a reassessment of the person's qualifications for	1052
participation in the program.	1053

(2) If a person is sentenced to a term of imprisonment	1054
pursuant to this section that is to be served in a local detention	1055
facility, as defined in section 2929.35 of the Revised Code, the	1056
court may impose as part of the sentence pursuant to section	1057
2929.36 of the Revised Code a reimbursement sanction, and, if the	1058
local detention facility is covered by a policy adopted pursuant	1059
to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04,	1060
753.16, 2301.56, or 2947.19 of the Revised Code and section	1061
2929.37 of the Revised Code, both of the following apply:	1062

(a) The court shall specify both of the following as part of	1063
the sentence:	1064

(i) If the person is presented with an itemized bill pursuant	1065
to section 2929.37 of the Revised Code for payment of the costs of	1066
confinement, the person is required to pay the bill in accordance	1067
with that section.	1068

(ii) If the person does not dispute the bill described in	1069
division (F)(2)(a)(i) of this section and does not pay the bill by	1070
the times specified in section 2929.37 of the Revised Code, the	1071
clerk of the court may issue a certificate of judgment against the	1072
person as described in that section.	1073

(b) The sentence automatically includes any certificate of	1074
judgment issued as described in division (F)(2)(a)(ii) of this	1075
section.	1076

(G) If an offender is being sentenced for a sexually oriented	1077
offense that is a misdemeanor committed on or after January 1,	1078
1997, and if the judge imposing sentence for the sexually oriented	1079
offense determines pursuant to division (B) of section 2950.09 of	1080
the Revised Code that the offender is a sexual predator, the judge	1081
shall include in the offender's sentence a statement that the	1082
offender has been adjudicated as being a sexual predator, shall	1083
comply with the requirements of section 2950.03 of the Revised	1084
Code, and shall require the offender to submit to a DNA specimen	1085
collection procedure pursuant to section 2901.07 of the Revised	1086
Code.	1087

(H) Before imposing sentence on an offender who is being	1088
sentenced for a sexually oriented offense that is a misdemeanor	1089
committed on or after January 1, 1997, the judge shall conduct a	1090
hearing in accordance with division (B) of section 2950.09 of the	1091
Revised Code to determine whether the offender is a sexual	1092
predator. Before imposing sentence on an offender who is being	1093
sentenced for a sexually oriented offense, the court also shall	1094
comply with division (E) of section 2950.09 of the Revised Code.	1095

(I) If an offender is being sentenced for a sexually oriented	1096
offense that is a misdemeanor committed on or after January 1,	1097
1997, the judge shall include in the sentence a summary of the	1098
offender's duty to register pursuant to sectionduties imposed	1099
under sections 2950.04 of the Revised Code, the offender's duty to	1100
provide notice of a change in residence address and register the	1101
new residence address pursuant to section, 2950.05 of the Revised	1102
Code, the offender's duty to periodically verify the offender's	1103
current residence address pursuant to section, and 2950.06 of the	1104
Revised Code, and the duration of the duties. The judge shall	1105
inform the offender, at the time of sentencing, of those duties	1106
and of their duration and, if required under division (A)(2) of	1107
section 2950.03 of the Revised Code, shall perform the duties	1108
specified in that section.	1109

Sec. 2950.01. As used in this chapter, unless the context	1110
clearly requires otherwise:	1111

(A) "Confinement" includes, but is not limited to, a	1112
community residential sanction imposed pursuant to section 2929.16	1113
of the Revised Code.	1114

(B) "Habitual sex offender" means, except when a juvenile	1115
judge removes this classification pursuant to division (A)(2) of	1116
section 2152.84 or division (C)(2) of section 2152.85 of the	1117
Revised Code, a person to whom both of the following apply:	1118

(1) The person is convicted of or pleads guilty to a sexually	1119
oriented offense, or the person is adjudicated a delinquent child	1120
for committing on or after January 1, 2002, a sexually oriented	1121
offense, was fourteen years of age or older at the time of	1122
committing the offense, and is classified a juvenile sex offender	1123
registrant based on that adjudication.	1124

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

1125

(a) Regarding a person who is an offender, the person	1126
previously was convicted of or pleaded guilty to one or more	1127
sexually oriented offenses or previously was adjudicated a	1128
delinquent child for committing one or more sexually oriented	1129
offenses and was classified a juvenile sex offender registrant or	1130
out-of-state juvenile sex offender registrant based on one or more	1131
of those adjudications, regardless of when the offense was	1132
committed and regardless of the person's age at the time of	1133
committing the offense.	1134

(b) Regarding a delinquent child, the person previously was	1135
convicted of, pleaded guilty to, or was adjudicated a delinquent	1136
child for committing one or more sexually oriented offenses,	1137
regardless of when the offense was committed and regardless of the	1138
person's age at the time of committing the offense.	1139

(C) "Prosecutor" has the same meaning as in section 2935.01	1140
of the Revised Code.	1141

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

1142

(1) Any of the following violations or offenses committed by	1143
a person eighteen years of age or older:	1144

(a) Regardless of the age of the victim of the offense, a	1145
violation of section 2907.02, 2907.03, or 2907.05, 2907.06,	1146
2907.07, or 2907.08 of the Revised Code;	1147

(b) Any of the following offenses involving a minor, in the	1148
circumstances specified:	1149

(i) A violation of section 2905.01, 2905.02, 2905.03,	1150
2905.05, or 2907.04 or former section 2905.04 of the Revised Code	1151
when the victim of the offense is under eighteen years of age;	1152

(ii) A violation of section 2907.21 of the Revised Code when	1153
the person who is compelled, induced, procured, encouraged,	1154
solicited, requested, or facilitated to engage in, paid or agreed	1155
to be paid for, or allowed to engage in the sexual activity in	1156
question is under eighteen years of age;	1157

(iii) A violation of division (A)(1) or (3) of section	1158
2907.321 or 2907.322 of the Revised Code;	1159

(iv) A violation of division (A)(1) or (2) of section	1160
2907.323 of the Revised Code;	1161

(v) A violation of division (B)(5) of section 2919.22 of the	1162
Revised Code when the child who is involved in the offense is	1163
under eighteen years of age;	1164

(vi) A violation of division (D) or (E) of section 2907.07 of	1165
the Revised Code.	1166

(c) Regardless of the age of the victim of the offense, a	1167
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	1168
Revised Code, or of division (A) of section 2903.04 of the Revised	1169
Code, that is committed with a purpose to gratify the sexual needs	1170
or desires of the offender;	1171

(d) A sexually violent offense;

1172

(e) A violation of any former law of this state, any existing	1173
or former municipal ordinance or law of another state or the	1174
United States, or any existing or former law applicable in a	1175
military court or in an Indian tribal court, or any existing or	1176
former law of any nation other than the United States, that is or	1177
was substantially equivalent to any offense listed in division	1178
(D)(1)(a), (b), (c), or (d) of this section;	1179

(f) An attempt to commit, conspiracy to commit, or complicity	1180
in committing any offense listed in division (D)(1)(a), (b), (c),	1181
(d), or (e) of this section.	1182

(2) An act committed by a person under eighteen years of age	1183
that is any of the following:	1184

(a) Subject to division (D)(2)(h) of this section, regardless	1185
of the age of the victim of the violation, a violation of section	1186
2907.02, 2907.03, or 2907.05, 2907.06, 2907.07, or 2907.08 of the	1187
Revised Code;	1188

(b) Subject to division (D)(2)(h) of this section, any of the	1189
following acts involving a minor in the circumstances specified:	1190

(i) A violation of section 2905.01 or 2905.02 of the Revised	1191
Code, or of former section 2905.04 of the Revised Code, when the	1192
victim of the violation is under eighteen years of age;	1193

(ii) A violation of section 2907.21 of the Revised Code when	1194
the person who is compelled, induced, procured, encouraged,	1195
solicited, requested, or facilitated to engage in, paid or agreed	1196
to be paid for, or allowed to engage in the sexual activity in	1197
question is under eighteen years of age;	1198

(iii) A violation of division (B)(5) of section 2919.22 of	1199
the Revised Code when the child who is involved in the violation	1200
is under eighteen years of age.	1201

(c) Subject to division (D)(2)(h) of this section, any	1202
sexually violent offense that, if committed by an adult, would be	1203
a felony of the first, second, third, or fourth degree;	1204

(d) Subject to division (D)(2)(h) of this section, a	1205
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	1206
2905.02 of the Revised Code, a violation of division (A) of	1207
section 2903.04 of the Revised Code, or an attempt to violate any	1208
of those sections or that division that is committed with a	1209
purpose to gratify the sexual needs or desires of the child	1210
committing the violation;	1211

(e) Subject to division (D)(2)(h) of this section, a	1212
violation of division (A)(1) or (3) of section 2907.321, division	1213
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	1214
section 2907.323 of the Revised Code, or an attempt to violate any	1215
of those divisions, if the person who violates or attempts to	1216
violate the division is four or more years older than the minor	1217
who is the victim of the violation;	1218

(f) Subject to division (D)(2)(h) of this section, any	1219
violation of any former law of this state, any existing or former	1220
municipal ordinance or law of another state or the United States,	1221
or any existing or former law applicable in a military court or in	1222
an Indian tribal court, or any existing or former law of any	1223
nation other than the United States, that is or was substantially	1224
equivalent to any offense listed in division (D)(2)(a), (b), (c),	1225
(d), or (e) of this section and that, if committed by an adult,	1226
would be a felony of the first, second, third, or fourth degree;	1227

(g) Subject to division (D)(2)(h) of this section, any	1228
attempt to commit, conspiracy to commit, or complicity in	1229
committing any offense listed in division (D)(2)(a), (b), (c),	1230
(d), (e), or (f) of this section;	1231

(h) If the child's case has been transferred for criminal	1232
prosecution under section 2152.12 of the Revised Code, the act is	1233
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	1234
(f) of this section or would be any offense listed in any of those	1235
divisions if committed by an adult.	1236

(E) "Sexual predator" means a person to whom either of the	1237
following applies:	1238

(1) The person has been convicted of or pleaded guilty to	1239
committing a sexually oriented offense and is likely to engage in	1240
the future in one or more sexually oriented offenses.	1241

(2) The person has been adjudicated a delinquent child for	1242
committing a sexually oriented offense, was fourteen years of age	1243
or older at the time of committing the offense, was classified a	1244
juvenile sex offender registrant based on that adjudication, and	1245
is likely to engage in the future in one or more sexually oriented	1246
offenses.	1247

(F) "Supervised release" means a release of an offender from	1248
a prison term, a term of imprisonment, or another type of	1249
confinement that satisfies either of the following conditions:	1250

(1) The release is on parole, a conditional pardon, or	1251
probation, under transitional control, or under a post-release	1252
control sanction, and it requires the person to report to or be	1253
supervised by a parole officer, probation officer, field officer,	1254
or another type of supervising officer.	1255

(2) The release is any type of release that is not described	1256
in division (F)(1) of this section and that requires the person to	1257
report to or be supervised by a probation officer, a parole	1258
officer, a field officer, or another type of supervising officer.	1259

(G) An offender or delinquent child is "adjudicated as being	1260
a sexual predator" or "adjudicated a sexual predator" if any of	1261
the following applies and if, regarding a delinquent child, that	1262
status has not been removed pursuant to section 2152.84, 2152.85,	1263
or 2950.09 of the Revised Code:	1264

(1) The offender is convicted of or pleads guilty to	1265
committing, on or after January 1, 1997, a sexually oriented	1266
offense that is a sexually violent offense and also is convicted	1267
of or pleads guilty to a sexually violent predator specification	1268
that was included in the indictment, count in the indictment, or	1269
information that charged the sexually violent offense.	1270

(2) Regardless of when the sexually oriented offense was	1271
committed, on or after January 1, 1997, the offender is sentenced	1272
for a sexually oriented offense, and the sentencing judge	1273
determines pursuant to division (B) of section 2950.09 of the	1274
Revised Code that the offender is a sexual predator.	1275

(3) The delinquent child is adjudicated a delinquent child	1276
for committing a sexually oriented offense, was fourteen years of	1277
age or older at the time of committing the offense, and has been	1278
classified a juvenile sex offender registrant based on that	1279
adjudication, and the adjudicating judge or that judge's successor	1280
in office determines pursuant to division (B) of section 2950.09	1281
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	1282
the Revised Code that the delinquent child is a sexual predator.	1283

(4) Prior to January 1, 1997, the offender was convicted of	1284
or pleaded guilty to, and was sentenced for, a sexually oriented	1285
offense, the offender is imprisoned in a state correctional	1286
institution on or after January 1, 1997, and the court determines	1287
pursuant to division (C) of section 2950.09 of the Revised Code	1288
that the offender is a sexual predator.	1289

(5) Regardless of when the sexually oriented offense was	1290
committed, the offender or delinquent child is convicted of or	1291
pleads guilty to, has been convicted of or pleaded guilty to, or	1292
is adjudicated a delinquent child for committing a sexually	1293
oriented offense in another state or, in a federal court, military	1294
court, or an Indian tribal court, or in a court in any nation	1295
other than the United States, as a result of that conviction, plea	1296
of guilty, or adjudication, the offender or delinquent child is	1297
required, under the law of the jurisdiction in which the offender	1298
was convicted or pleaded guilty or the delinquent child was	1299
adjudicated, to register as a sex offender until the offender's or	1300
delinquent child's death and to verify the offender's or	1301
delinquent child's address on at least a quarterly basis each	1302
year, and, on or after July 1, 1997, for offenders or January 1,	1303
2002, for delinquent children, the offender or delinquent child	1304
moves to and resides in this state or temporarily is domiciled in	1305
this state for more than sevenfive days or the offender is	1306
required under section 2950.04 of the Revised Code to register a	1307
school, institution of higher education, or place of employment	1308
address in this state, unless a court of common pleas or juvenile	1309
court determines that the offender or delinquent child is not a	1310
sexual predator pursuant to division (F) of section 2950.09 of the	1311
Revised Code.	1312

(H) "Sexually violent predator specification," and "sexually	1313
violent offense," and "violent sex offense" have the same meanings	1314
as in section 2971.01 of the Revised Code.	1315

(I) "Post-release control sanction" and "transitional	1316
control" have the same meanings as in section 2967.01 of the	1317
Revised Code.	1318

(J) "Juvenile sex offender registrant" means a person who is	1319
adjudicated a delinquent child for committing on or after January	1320
1, 2002, a sexually oriented offense, who is fourteen years of age	1321
or older at the time of committing the offense, and who a juvenile	1322
court judge, pursuant to an order issued under section 2152.82,	1323
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	1324
juvenile sex offender registrant and specifies has a duty to	1325
register under sectioncomply with sections 2950.04, 2950.05, and	1326
2950.06 of the Revised Code.	1327

(K) "Secure facility" means any facility that is designed and	1328
operated to ensure that all of its entrances and exits are locked	1329
and under the exclusive control of its staff and to ensure that,	1330
because of that exclusive control, no person who is	1331
institutionalized or confined in the facility may leave the	1332
facility without permission or supervision.	1333

(L) "Out-of-state juvenile sex offender registrant" means a	1334
person who is adjudicated a delinquent child for committing a	1335
sexually oriented offense in another state or, in a federal court,	1336
military court, or Indian tribal court, or in a court in any	1337
nation other than the United States, who on or after January 1,	1338
2002, moves to and resides in this state or temporarily is	1339
domiciled in this state for more than sevenfive days, and who	1340
under section 2950.04 of the Revised Code has a duty to register	1341
in this state as described in that section.	1342

(M) "Juvenile court judge" includes a magistrate to whom the	1343
juvenile court judge confers duties pursuant to division (A)(15)	1344
of section 2151.23 of the Revised Code.	1345

(N) "Adjudicated a delinquent child for committing a sexually	1346
oriented offense" includes a child who receives a serious youthful	1347
offender dispositional sentence under section 2152.13 of the	1348
Revised Code for committing a sexually oriented offense.	1349

(O) "Aggravated sexually oriented offense" means a violation	1350
of division (A)(1)(b) of section 2907.02 of the Revised Code	1351
committed on or after June 13, 2002, or a violation of division	1352
(A)(2) of that section committed on or after the effective date of	1353
this amendment.	1354

(P) "School" has the same meaning as in section 2925.01 of	1355
the Revised Code.	1356

Sec. 2950.02.  (A) The general assembly hereby determines and	1357
declares that it recognizes and finds all of the following:	1358

(1) If the public is provided adequate notice and information	1359
about sexual predators, habitual sex offenders, and certain other	1360
offenders and delinquent children who commit sexually oriented	1361
offenses, members of the public and communities can develop	1362
constructive plans to prepare themselves and their children for	1363
the sexual predator's, habitual sex offender's, or other	1364
offender's or delinquent child's release from imprisonment, a	1365
prison term, or other confinement or detention. This allows	1366
members of the public and communities to meet with members of law	1367
enforcement agencies to prepare and obtain information about the	1368
rights and responsibilities of the public and the communities and	1369
to provide education and counseling to their children.	1370

(2) Sexual predators and habitual sexSex offenders pose a	1371
high risk of engaging in further offensessexually abusive	1372
behavior even after being released from imprisonment, a prison	1373
term, or other confinement or detention, and that protection of	1374
members of the public from sexual predators and habitual sex	1375
offenders is a paramount governmental interest.	1376

(3) The penal, juvenile, and mental health components of the	1377
justice system of this state are largely hidden from public view,	1378
and a lack of information from any component may result in the	1379
failure of the system to satisfy this paramount governmental	1380
interest of public safety described in division (A)(2) of this	1381
section.	1382

(4) Overly restrictive confidentiality and liability laws	1383
governing the release of information about sexual predators and	1384
habitual sex offenders have reduced the willingness to release	1385
information that could be appropriately released under the public	1386
disclosure laws and have increased risks of public safety.	1387

(5) A person who is found to be a sexual predator or a	1388
habitual sex offender has a reduced expectation of privacy because	1389
of the public's interest in public safety and in the effective	1390
operation of government.	1391

(6) The release of information about sexual predators and	1392
habitual sex offenders to public agencies and the general public	1393
will further the governmental interests of public safety and	1394
public scrutiny of the criminal, juvenile, and mental health	1395
systems as long as the information released is rationally related	1396
to the furtherance of those goals.	1397

(B) The general assembly hereby declares that, in providing	1398
in this chapter for registration regarding sexual predators,	1399
habitual sex offenders, and offenders and certain delinquent	1400
children who have committed sexually oriented offenses and for	1401
community notification regarding sexual predators and habitual sex	1402
offenders who are about to be or have been released from	1403
imprisonment, a prison term, or other confinement or detention and	1404
who will live in or near a particular neighborhood or who	1405
otherwise will live in or near a particular neighborhood, it is	1406
the general assembly's intent to protect the safety and general	1407
welfare of the people of this state. The general assembly further	1408
declares that it is the policy of this state to require the	1409
exchange in accordance with this chapter of relevant information	1410
about sexual predators and habitual sex offenders among public	1411
agencies and officials and to authorize the release in accordance	1412
with this chapter of necessary and relevant information about	1413
sexual predators and habitual sex offenders to members of the	1414
general public as a means of assuring public protection and that	1415
the exchange or release of that information is not punitive.	1416

Sec. 2950.03. (A) Each person who has been convicted of, is	1417
convicted of, has pleaded guilty to, or pleads guilty to a	1418
sexually oriented offense and who has a duty to register pursuant	1419
to section 2950.04 of the Revised Code, and each person who is	1420
adjudicated a delinquent child for committing a sexually oriented	1421
offense and who is classified pursuant to section 2152.82 or	1422
division (A) of section 2152.83 of the Revised Code a juvenile sex	1423
offender registrant based on that adjudication, shall be provided	1424
notice in accordance with this section of the offender's or	1425
delinquent child's duty to register under sectionduties imposed	1426
under sections 2950.04 of the Revised Code, the offender's or	1427
delinquent child's duty to provide notice of any change in the	1428
offender's or delinquent child's residence address and to register	1429
the new residence address pursuant to section, 2950.05 of the	1430
Revised Code, and the offender's or delinquent child's duty to	1431
periodically verify the offender's or delinquent child's residence	1432
address pursuant to section, and 2950.06 of the Revised Code and	1433
of the offender's duties to similarly register, provide notice of	1434
a change, and verify addresses in another state if the offender	1435
resides, is temporarily domiciled, attends a school or institution	1436
of higher education, or is employed in a state other than this	1437
state. The following official shall provide the notice to the	1438
offender or delinquent childspecified person at the following	1439
time:	1440

(1) Regardless of when the offenderperson committed the	1441
sexually oriented offense, if the person is an offender who is	1442
sentenced for the sexually oriented offense to a prison term, a	1443
term of imprisonment, or any other type of confinement, and if, on	1444
or after January 1, 1997, the offender is serving that term or is	1445
under that confinement, the official in charge of the jail,	1446
workhouse, state correctional institution, or other institution in	1447
which the offender serves the prison term, term of imprisonment,	1448
or confinement, or a designee of that official, shall provide the	1449
notice to the offender before the offender is released pursuant to	1450
any type of supervised release or before the offender otherwise is	1451
released from the prison term, term of imprisonment, or	1452
confinement.	1453

(2) Regardless of when the offenderperson committed the	1454
sexually oriented offense, if the person is an offender who is	1455
sentenced for the sexually oriented offense on or after January 1,	1456
1997, and if division (A)(1) of this section does not apply, the	1457
judge shall provide the notice to the offender at the time of	1458
sentencing.	1459

(3) If the person is an offender who committed the sexually	1460
oriented offense prior to January 1, 1997, if neither division	1461
(A)(1) nor division (A)(2) of this section applies, and if,	1462
immediately prior to January 1, 1997, the offender was a habitual	1463
sex offender who was required to register under Chapter 2950. of	1464
the Revised Code, the chief of police or sheriff with whom the	1465
offender most recently registered under that chapter, in the	1466
circumstances described in this division, shall provide the notice	1467
to the offender. If the offender has registered with a chief of	1468
police or sheriff under Chapter 2950. of the Revised Code as it	1469
existed prior to January 1, 1997, the chief of police or sheriff	1470
with whom the offender most recently registered shall provide the	1471
notice to the offender as soon as possible after January 1, 1997,	1472
as described in division (B)(1) of this section. If the offender	1473
has not registered with a chief of police or sheriff under that	1474
chapter, the failure to register shall constitute a waiver by the	1475
offender of any right to notice under this section. If an offender	1476
described in this division does not receive notice under this	1477
section, the offender is not relieved of the duty to register, the	1478
duty to provide notice of any change in residence address and to	1479
register the new residence address, and the duty to periodically	1480
verify the residence address, as described in division (A) of this	1481
sectionoffender's duties imposed under sections 2950.04, 2950.05,	1482
and 2950.06 of the Revised Code.	1483

(4) If the person is an offender of the type described in	1484
division (A)(1) of this section and if, subsequent to release, the	1485
offender is adjudicated as being a sexual predator pursuant to	1486
division (C) of section 2950.09 of the Revised Code, the judge	1487
shall provide the notice to the offender at the time of	1488
adjudication.	1489

(5) If the person is a delinquent child who is classified	1490
pursuant to section 2152.82 or division (A) of section 2152.83 of	1491
the Revised Code a juvenile sex offender registrant, the judge	1492
shall provide the notice to the delinquent child at the time of	1493
the classificationspecified in division (B) of section 2152.82,	1494
division (D) of section 2152.83, division (C) of section 2152.84,	1495
or division (E) of section 2152.85 of the Revised Code, whichever	1496
is applicable.	1497

(6) If the person is an offender in any category described in	1498
division (A)(1), (2), (3), or (4) of this section and if, prior to	1499
the effective date of this amendment, the offender was provided	1500
notice of the offender's duties in accordance with that division,	1501
not later than ninety days after the effective date of this	1502
amendment, the sheriff with whom the offender most recently	1503
registered or verified an address under section 2950.04, 2950.05,	1504
or 2950.06 of the Revised Code shall provide notice to the	1505
offender of the offender's duties imposed on and after the	1506
effective date of this amendment pursuant to any of those sections	1507
to register a school, institution of higher education, or place of	1508
employment address, provide notice of a change of that address,	1509
and verify that address. The sheriff may provide the notice to the	1510
offender at the time the offender registers, provides notice of a	1511
change in, or verifies a residence, school, institution of higher	1512
education, or place of employment address under any of those	1513
sections within the specified ninety-day period. If the offender	1514
does not so register, provide notice of a change in, or verify an	1515
address within the specified ninety-day period, the sheriff shall	1516
provide the notice to the offender by sending it to the offender	1517
at the most recent residence address available for the offender.	1518
If the offender was required to register prior to the effective	1519
date of this amendment and failed to do so, the failure to	1520
register constitutes a waiver by the offender of any right to	1521
notice under this division. If the offender has not registered	1522
prior to the effective date of this amendment, the offender is	1523
presumed to have knowledge of the law and of the duties referred	1524
to in this division that are imposed on and after the effective	1525
date of this amendment. If an offender does not receive notice	1526
under this division, the offender is not relieved of any of the	1527
duties described in this division.	1528

(7) If the person is an offender or delinquent child who has	1529
a duty to register in this state pursuant to division (A)(3) of	1530
section 2950.04 of the Revised Code, the offender or delinquent	1531
child is presumed to have knowledge of the law and of the	1532
offender's or delinquent child's duties imposed under sections	1533
2950.04, 2950.05, and 2950.06 of the Revised Code.	1534

(B)(1) The notice provided under division (A) of this section	1535
shall inform the offender or delinquent child of the offender's or	1536
delinquent child's duty to register under section 2950.04 of the	1537
Revised Code, to notify the appropriate officialsprovide notice	1538
of a change in the offender's or delinquent child's residence	1539
address or in the offender's school, institution of higher	1540
education, or place of employment address, as applicable, and to	1541
register the new residence address in accordance with section	1542
2950.05 of the Revised Code, and to periodically verify athe	1543
offender's or delinquent child's residence address under section	1544
or the offender's school, institution of higher education, or	1545
place of employment address, as applicable, and, if applicable, to	1546
provide notice of the offender's intent to reside, pursuant to	1547
sections 2950.04, 2950.05, and 2950.06 of the Revised Code. The	1548
notice shall specify that, for an offender, it applies regarding	1549
residence addresses or school, institution of higher education,	1550
and place of employment addresses and that, for a delinquent	1551
child, it applies regarding residence addresses. Additionally, it	1552
shall inform the offender of the offender's duties to similarly	1553
register, provide notice of a change in, and verify those	1554
addresses in states other than this state as described in division	1555
(A) of this section. A notice provided under division (A)(6) of	1556
this section shall state the new duties imposed on the offender on	1557
and after the effective date of this amendment to register,	1558
provide notice of a change in, and periodically verify, a school,	1559
institution of higher education, or place of employment address	1560
and specify that the new duties are in addition to the prior	1561
duties imposed upon the offender. A notice provided under division	1562
(A)(1), (2), (3), (4), or (5) of this section shall comport with	1563
the following:	1564

(a) If the notice is provided to an offender under division	1565
(A)(3) of this section, the notice shall be on a form that is	1566
prescribed by the bureau of criminal identification and	1567
investigation and that statesstate the offender's duties to	1568
register, to file a notice of intent to reside, if applicable, to	1569
register a new residence address or new school, institution of	1570
higher education, or place of employment address, and to	1571
periodically verify a residence addressthose addresses, the	1572
offender's duties in other states as described in division (A) of	1573
this section, and that, if the offender has any questions	1574
concerning these duties, the offender may contact the chief of	1575
police or sheriff who sent the form for an explanation of the	1576
duties. If the offender appears in person before the chief of	1577
police or sheriff, the chief or sheriff shall provide the notice	1578
as described in division (B)(1)(a) of this section, and all	1579
provisions of this section that apply regarding a notice provided	1580
by an official, official's designee, or judge in that manner shall	1581
be applicable.	1582

(b) If the notice is provided to an offender under division	1583
(A)(1), (2), or (4) of this section, the official, official's	1584
designee, or judge shall require the offender to read and sign a	1585
form prescribed by the bureau of criminal identification and	1586
investigation, stating that the offender's duties to register, to	1587
file a notice of intent to reside, if applicable, to register a	1588
new residence address or new school, institution of higher	1589
education, or place of employment address, and to periodically	1590
verify a residence addressthose addresses, and the offender's	1591
duties in other states as described in division (A) of this	1592
section have been explained to the offender. If the offender is	1593
unable to read, the official, official's designee, or judge shall	1594
certify on the form that the official, designee, or judge	1595
specifically informed the offender of those duties and that the	1596
offender indicated an understanding of those duties.	1597

(c) If the notice is provided to a delinquent child under	1598
division (A)(5) of this section, the judge shall require the	1599
delinquent child and the delinquent child's parent, guardian, or	1600
custodian to read and sign a form prescribed by the bureau of	1601
criminal identification and investigation, stating that the	1602
delinquent child's duties to register, to file a notice of intent	1603
to reside, if applicable, to register a new residence address, and	1604
to periodically verify a residencethat address have been	1605
explained to the delinquent child and to the delinquent child's	1606
parent, guardian, or custodian. If the delinquent child or the	1607
delinquent child's parent, guardian, or custodian is unable to	1608
read, the judge shall certify on the form that the judge	1609
specifically informed the delinquent child or the delinquent	1610
child's parent, guardian, or custodian of those duties and that	1611
the delinquent child or the delinquent child's parent, guardian,	1612
or custodian indicated an understanding of those duties.	1613

(d) For any(2) The notice provided under divisiondivisions	1614
(A)(1) to (6) of this section, the form usedshall be on a form	1615
prescribed by the bureau of criminal identification and	1616
investigation and shall contain all of the information specified	1617
in division (A) of this section and all of the information	1618
required by the bureau of criminal identification and	1619
investigation, including, but. The notice provided under divisions	1620
(A)(1) to (5) of this section shall include, but is not limited	1621
to, a statement that the subject delinquent child if applicable	1622
has been classified by the adjudicating juvenile court judge or	1623
the judge's successor in office a juvenile sex offender registrant	1624
and has a duty to registerall of the following:	1625

(a) For any notice provided under division (A)(1) to (5) of	1626
this section, a statement as to whether the offender or delinquent	1627
child has been adjudicated as being a sexual predator relative to	1628
the sexually oriented offense in question, a statement as to	1629
whether the offender or delinquent child has been determined to be	1630
a habitual sex offender, a statement as to whether the offense for	1631
which the offender has the duty to register is an aggravated	1632
sexually oriented offense committed on or after the effective date	1633
of this amendment, an explanation of the offender's periodic	1634
residence address or periodic school, institution of higher	1635
education, or place of employment address verification process and	1636
or of the delinquent child's periodic residence address	1637
verification process, an explanation of the frequency with which	1638
the offender or delinquent child will be required to verify the	1639
residence addressthose addresses under that process, and a	1640
statement that the offender or delinquent child must verify the	1641
residence addressthose addresses at the times specified under	1642
that process or face criminal prosecution or a delinquent child	1643
proceeding, and an explanation of the offender's duty to similarly	1644
register, verify, and reregister those addresses in another state	1645
if the offender resides in another state, attends a school or	1646
institution of higher education in another state, or is employed	1647
in another state.	1648

(e)(b) If the notice is provided under division (A)(4) of	1649
this section, in addition to all other information contained on	1650
it, the form also shall include a statement that the notice	1651
replaces any notice previously provided to the offender under	1652
division (A)(1) of this section, a statement that the offender's	1653
duties described in this notice supersede the duties described in	1654
the prior notice, and a statement notifying the offender that, if	1655
the offender already has registered under section 2950.04 of the	1656
Revised Code, the offender must register again pursuant to	1657
division (A)(6) of that section.;	1658

(c) If the notice is provided under division (A)(5) of this	1659
section, a statement that the delinquent child has been classified	1660
by the adjudicating juvenile court judge or the judge's successor	1661
in office a juvenile sex offender registrant and has a duty to	1662
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1663
Code;	1664

(f)(d) If the notice is provided under division (A)(5) of	1665
this section, the form, in addition to all other information	1666
contained on it, shall inform the delinquent child and the	1667
delinquent child's parent, guardian, or custodiana statement	1668
that, if the delinquent child fails to comply with the	1669
requirements of sections 2950.04, 2950.05, and 2950.06 of the	1670
Revised Code, both of the following apply:	1671

(i) If the delinquent child's failure occurs while the child	1672
is under eighteen years of age, the child is subject to	1673
proceedings under Chapter 2152. of the Revised Code based on the	1674
failure, but if the failure occurs while the child is eighteen	1675
years of age or older, the child is subject to criminal	1676
prosecution based on the failure.	1677

(ii) If the delinquent child's failure occurs while the child	1678
is under eighteen years of age, unless the child is emancipated,	1679
as defined in section 2919.121 of the Revised Code, the failure of	1680
the parent, guardian, or custodian to ensure that the child	1681
complies with those requirements is a violation of section 2919.24	1682
of the Revised Code and may result in the prosecution of the	1683
parent, guardian, or custodian for that violation.	1684

(2)(3)(a) After an offender described in division (A)(1),	1685
(2), or (4) of this section has signed the form described in	1686
divisiondivisions (B)(1) and (2) of this section or the official,	1687
official's designee, or judge has certified on the form that the	1688
form has been explained to the offender and that the offender	1689
indicated an understanding of the duties indicated on it, the	1690
official, official's designee, or judge shall give one copy of the	1691
form to the offender, within three days shall send one copy of the	1692
form to the bureau of criminal identification and investigation in	1693
accordance with the procedures adopted pursuant to section 2950.13	1694
of the Revised Code, and shall send one copy of the form to the	1695
sheriff of the county in which the offender expects to reside.	1696

(b) After a chief of police or sheriff has sent a form to an	1697
offender under division (A)(3) of this section, the chief or	1698
sheriff shall send a copy of the form to the bureau of criminal	1699
identification and investigation in accordance with the procedures	1700
adopted pursuant to section 2950.13 of the Revised Code.	1701

(c) After a delinquent child described in division (A)(5) of	1702
this section and the delinquent child's parent, guardian, or	1703
custodian have signed the form described in divisiondivisions	1704
(B)(1) and (2) of this section or the judge has certified on the	1705
form that the form has been explained to the delinquent child or	1706
the delinquent child's parent, guardian, or custodian and that the	1707
delinquent child or the delinquent child's parent, guardian, or	1708
custodian indicated an understanding of the duties and information	1709
indicated on the form, the judge shall give a copy of the form to	1710
both the delinquent child and to the delinquent child's parent,	1711
guardian, or custodian, within three days shall send one copy of	1712
the form to the bureau of criminal identification and	1713
investigation in accordance with the procedures adopted pursuant	1714
to section 2950.13 of the Revised Code, and shall send one copy of	1715
the form to the sheriff of the county in which the delinquent	1716
child expects to reside.	1717

(C) The official, official's designee, judge, chief of	1718
police, or sheriff who is required to provide notice to an	1719
offender or delinquent child under divisiondivisions (A)(1) to	1720
(5) of this section shall do all of the following:	1721

(1) If the notice is provided under division (A)(1), (2),	1722
(4), or (5) of this section, the official, designee, or judge	1723
shall determine the offender's or delinquent child's name,	1724
identifying factors, and expected future residence address in this	1725
state or any other state, shall obtain the offender's or	1726
delinquent child's criminal and delinquency history, and shall	1727
obtain a photograph and the fingerprints of the offender or	1728
delinquent child. Regarding an offender, the official, designee,	1729
or judge also shall determine the offender's current or expected	1730
future school, institution of higher education, or place of	1731
employment address in this state, if any. If the notice is	1732
provided by a judge under division (A)(2), (4), or (5) of this	1733
section, the sheriff shall provide the offender's or delinquent	1734
child's criminal and delinquency history to the judge. The	1735
official, official's designee, or judge shall obtain this	1736
information and these items prior to giving the notice, except	1737
that a judge may give the notice prior to obtaining the offender's	1738
or delinquent child's criminal and delinquency history. Within	1739
three days after receiving this information and these items, the	1740
official, official's designee, or judge shall forward the	1741
information and items to the bureau of criminal identification and	1742
investigation in accordance with the forwarding procedures adopted	1743
pursuant to section 2950.13 of the Revised Code and, to the	1744
sheriff of the county in which the offender or delinquent child	1745
expects to reside, and, regarding an offender, to the sheriff of	1746
the county, if any, in which the offender attends or will attend a	1747
school or institution of higher education or is or will be	1748
employed. If the notice is provided under division (A)(5) of this	1749
section and if the delinquent child has been committed to the	1750
department of youth services or to a secure facility, the judge,	1751
in addition to the other information and items described in this	1752
division, also shall forward to the bureau and to the sheriff	1753
notification that the child has been so committed. If it has not	1754
already done so, the bureau of criminal identification and	1755
investigation shall forward a copy of the fingerprints and	1756
conviction data received under this division to the federal bureau	1757
of investigation.	1758

(2) If the notice is provided under division (A)(3) of this	1759
section, the chief of police or sheriff shall determine the	1760
offender's name, identifying factors, and residence address in	1761
this state or any other state, shall obtain the offender's	1762
criminal history from the bureau of criminal identification and	1763
investigation, and, to the extent possible, shall obtain a	1764
photograph and the fingerprints of the offender. Regarding an	1765
offender, the chief or sheriff also shall determine the offender's	1766
current or expected future school, institution of higher	1767
education, or place of employment address in this state, if any.	1768
Within three days after receiving this information and these	1769
items, the chief or sheriff shall forward the information and	1770
items to the bureau of criminal identification and investigation	1771
in accordance with the forwarding procedures adopted pursuant to	1772
section 2950.13 of the Revised Code and, in relation to a chief of	1773
police, to the sheriff of the county in which the offender	1774
resides, and, regarding an offender, to the sheriff of the county,	1775
if any, in which the offender attends or will attend a school or	1776
institution of higher education or is or will be employed. If it	1777
has not already done so, the bureau of criminal identification and	1778
investigation shall forward a copy of the fingerprints and	1779
conviction data so received to the federal bureau of	1780
investigation.	1781

Sec. 2950.04. (A)(1) Each of the following types of offender	1782
who is convicted of or pleads guilty to, or has been convicted of	1783
or pleaded guilty to, a sexually oriented offense shall register	1784
personally with the sheriff of the county within sevenfive days	1785
of the offender's coming into a county in which the offender	1786
resides or temporarily is domiciled for more than sevenfive days,	1787
shall register personally with the sheriff of the county	1788
immediately upon coming into a county in which the offender	1789
attends a school or institution of higher education on a full-time	1790
or part-time basis regardless of whether the offender resides or	1791
has a temporary domicile in this state or another state, shall	1792
register personally with the sheriff of the county in which the	1793
offender is employed if the offender resides or has a temporary	1794
domicile in this state and has been employed in that county for	1795
more than fourteen days or for an aggregate period of thirty or	1796
more days in that calendar year, shall register personally with	1797
the sheriff of the county in which the offender then is employed	1798
if the offender does not reside or have a temporary domicile in	1799
this state and has been employed at any location or locations in	1800
this state more than fourteen days or for an aggregate period of	1801
thirty or more days in that calendar year, and shall register with	1802
the sheriff or other appropriate person of the other state	1803
immediately upon entering into any state other than this state in	1804
which the offender attends a school or institution of higher	1805
education on a full-time or part-time basis or upon being employed	1806
in any state other than this state for more than fourteen days or	1807
for an aggregate period of thirty or more days in that calendar	1808
year regardless of whether the offender resides or has a temporary	1809
domicile in this state, the other state, or a different state:	1810

(a) Regardless of when the sexually oriented offense was	1811
committed, an offender who is sentenced for the sexually oriented	1812
offense to a prison term, a term of imprisonment, or any other	1813
type of confinement and, on or after July 1, 1997, is released in	1814
any manner from the prison term, term of imprisonment, or	1815
confinement;	1816

(b) Regardless of when the sexually oriented offense was	1817
committed, an offender who is sentenced for a sexually oriented	1818
offense on or after July 1, 1997, and to whom division (A)(1)(a)	1819
of this section does not apply;	1820

(c) If the sexually oriented offense was committed prior to	1821
July 1, 1997, and neither division (A)(1)(a) nor division	1822
(A)(1)(b) of this section applies, an offender who, immediately	1823
prior to July 1, 1997, was a habitual sex offender who was	1824
required to register under Chapter 2950. of the Revised Code.	1825

(2) Each child who is adjudicated a delinquent child for	1826
committing a sexually oriented offense and who is classified a	1827
juvenile sex offender registrant based on that adjudication shall	1828
register personally with the sheriff of the county within seven	1829
five days of the delinquent child's coming into a county in which	1830
the delinquent child resides or temporarily is domiciled for more	1831
than sevenfive days. If the delinquent child is committed for the	1832
sexually oriented offense to the department of youth services or	1833
to a secure facility that is not operated by the department, this	1834
duty begins when the delinquent child is discharged or released in	1835
any manner from custody in a department of youth services secure	1836
facility or from the secure facility that is not operated by the	1837
department, if pursuant to the discharge or release the delinquent	1838
child is not committed to any other secure facility of the	1839
department or any other secure facility. The delinquent child does	1840
not have a duty to register under this division while the child is	1841
in a department of youth services secure facility or in a secure	1842
facility that is not operated by the department.	1843

(3) If divisions (A)(1) and (2) of this section do not apply,	1844
each following type of offender and each following type of	1845
delinquent child shall register personally with the sheriff of the	1846
county within sevenfive days of the offender's or delinquent	1847
child's coming into a county in which the offender or delinquent	1848
child resides or temporarily is domiciled for more than sevenfive	1849
days, and each following type of offender shall register	1850
personally with the sheriff of the county immediately upon coming	1851
into a county in which the offender attends a school or	1852
institution of higher education on a full-time or part-time basis	1853
regardless of whether the offender resides or has a temporary	1854
domicile in this state or another state, shall register personally	1855
with the sheriff of the county in which the offender is employed	1856
if the offender resides or has a temporary domicile in this state	1857
and has been employed in that county for more than fourteen days	1858
or for an aggregate period of thirty days or more in that calendar	1859
year, and shall register personally with the sheriff of the county	1860
in which the offender then is employed if the offender does not	1861
reside or have a temporary domicile in this state and has been	1862
employed at any location or locations in this state for more than	1863
fourteen days or for an aggregate period of thirty or more days in	1864
that calendar year:	1865

(a) Regardless of when the sexually oriented offense was	1866
committed, a person who is convicted of, pleads guilty to, or is	1867
adjudicated a delinquent child for committing a sexually oriented	1868
offense in another state or, in a federal court, military court,	1869
or an Indian tribal court, or in a court in any nation other than	1870
the United States, if, on or after July 1, 1997, for offenders, or	1871
January 1, 2002, for delinquent children, the offender or	1872
delinquent child moves to and resides in this state or temporarily	1873
is domiciled in this state for more than sevenfive days, the	1874
offender enters this state to attend any school or institution of	1875
higher education on a full-time or part-time basis, or the	1876
offender is employed in this state for more than fourteen days or	1877
for an aggregate period of thirty or more days in any calendar	1878
year, and if, at the time the offender or delinquent child moves	1879
to and resides in this state or temporarily is domiciled in this	1880
state for more than sevenfive days, the offender enters this	1881
state to attend the school or institution of higher education, or	1882
the offender is employed in this state for more than the specified	1883
period of time, the offender or delinquent child has a duty to	1884
register as a sex offender under the law of that other	1885
jurisdiction as a result of the conviction, guilty plea, or	1886
adjudication.	1887

(b) Regardless of when the sexually oriented offense was	1888
committed, a person who is convicted of, pleads guilty to, or is	1889
adjudicated a delinquent child for committing a sexually oriented	1890
offense in another state or, in a federal court, military court,	1891
or an Indian tribal court, or in a court in any nation other than	1892
the United States, if, on or after July 1, 1997, for offenders, or	1893
January 1, 2002, for delinquent children, the offender or	1894
delinquent child is released from imprisonment, confinement, or	1895
detention imposed for that offense, and if, on or after July 1,	1896
1997, for offenders, or January 1, 2002, for delinquent children,	1897
the offender or delinquent child moves to and resides in this	1898
state or temporarily is domiciled in this state for more than	1899
sevenfive days, the offender enters this state to attend any	1900
school or institution of higher education on a full-time or	1901
part-time basis, or the offender is employed in this state for	1902
more than fourteen days or for an aggregate period of thirty or	1903
more days in any calendar year. The duty to register as described	1904
in this division applies to an offender regardless of whether the	1905
offender, at the time of moving to and residing in this state or	1906
temporarily being domiciled in this state for more than sevenfive	1907
days, at the time of entering into this state to attend the school	1908
or institution of higher education, or at the time of being	1909
employed in this state for the specified period of time, has a	1910
duty to register as a sex offender under the law of the	1911
jurisdiction in which the conviction or guilty plea occurred. The	1912
duty to register as described in this division applies to a	1913
delinquent child only if the delinquent child, at the time of	1914
moving to and residing in this state or temporarily being	1915
domiciled in this state for more than sevenfive days, has a duty	1916
to register as a sex offender under the law of the jurisdiction in	1917
which the delinquent child adjudication occurred or if, had the	1918
delinquent child adjudication occurred in this state, the	1919
adjudicating juvenile court judge would have been required to	1920
issue an order classifying the delinquent child as a juvenile sex	1921
offender registrant pursuant to section 2152.82 or division (A) of	1922
section 2152.83 of the Revised Code.	1923

(4) If division (A)(1)(a) of this section applies and if,	1924
subsequent to the offender's release, the offender is adjudicated	1925
to be a sexual predator under division (C) of section 2950.09 of	1926
the Revised Code, the offender shall register within sevenfive	1927
days of the adjudication with the sheriff of the county in which	1928
the offender resides or temporarily is domiciled for more than	1929
sevenfive days and, shall register with the sheriff of any county	1930
in which the offender subsequently resides or temporarily is	1931
domiciled for more than sevenfive days within sevenfive days of	1932
coming into that county, shall register within five days of the	1933
adjudication with the sheriff of the county in which the offender	1934
attends any school or institution of higher education on a	1935
full-time or part-time basis or in which the offender is employed	1936
if the offender has been employed in that county for more than	1937
fourteen days or for an aggregate period of thirty or more days in	1938
that calendar year regardless of whether the offender resides or	1939
has temporary domicile in this state or another state, and shall	1940
register within five days of the adjudication with the sheriff or	1941
other appropriate person of any state other than this state in	1942
which the offender attends a school or institution of higher	1943
education on a full-time or part-time basis or in which the	1944
offender then is employed if the offender has been employed in	1945
that state for more than fourteen days or for an aggregate period	1946
of thirty or more days in any calendar year regardless of whether	1947
the offender resides or has temporary domicile in this state, the	1948
other state, or a different state.	1949

(5) A person who is adjudicated a delinquent child for	1950
committing a sexually oriented offense is not required to register	1951
under division (A)(2) of this section unless the delinquent child	1952
committed the offense on or after January 1, 2002, is classified a	1953
juvenile sex offender registrant by a juvenile court judge	1954
pursuant to an order issued under section 2152.82, 2152.83,	1955
2152.84, or 2152.85 of the Revised Code based on that	1956
adjudication, and has a duty to register pursuant to division	1957
(A)(2) of this section.	1958

(B) An offender or delinquent child who is required by	1959
division (A) of this section to register in this state personally	1960
shall obtain from the sheriff or from a designee of the sheriff a	1961
registration form that conforms to division (C) of this section,	1962
shall complete and sign the form, and shall return the completed	1963
form together with the offender's or delinquent child's photograph	1964
to the sheriff or the designee. The sheriff or designee shall sign	1965
the form and indicate on the form the date on which it is so	1966
returned. The registration required under this division is	1967
complete when the offender or delinquent child returns the form,	1968
containing the requisite information, photograph, signatures, and	1969
date, to the sheriff or designee.	1970

(C) The registration form to be used under divisions (A) and	1971
(B) of this section shall contain theinclude the photograph of	1972
the offender or delinquent child who is registering and shall	1973
contain all of the following:	1974

(1) Regarding an offender or delinquent child who is	1975
registering under a duty imposed under division (A)(1), (2), (3),	1976
or (4) of this section as a result of the offender or delinquent	1977
child residing in this state or temporarily being domiciled in	1978
this state for more than five days, the current residence address	1979
of the offender or delinquent child who is registering, the name	1980
and address of the offender's or delinquent child's employer, if	1981
the offender or delinquent child is employed at the time of	1982
registration or if the offender or delinquent child knows at the	1983
time of registration that the offender or delinquent child will be	1984
commencing employment with that employer subsequent to	1985
registration, the name and address of the offender's school or	1986
institution of higher education if the offender attends one at the	1987
time of registration or if the offender knows at the time of	1988
registration that the offender will be commencing attendance at	1989
that school or institution subsequent to registration, and any	1990
other information required by the bureau of criminal	1991
identification and investigation and shall include the offender's	1992
or delinquent child's photograph. Additionally	1993

(2) Regarding an offender who is registering under a duty	1994
imposed under division (A)(1), (3), or (4) of this section as a	1995
result of the offender attending a school or institution of higher	1996
education in this state on a full-time or part-time basis or being	1997
employed in this state or in a particular county in this state,	1998
whichever is applicable, for more than fourteen days or for an	1999
aggregate of thirty or more days in any calendar year, the current	2000
address of the school, institution of higher education, or place	2001
of employment of the offender who is registering and any other	2002
information required by the bureau of criminal identification and	2003
investigation.	2004

(3) Regarding an offender or delinquent child who is	2005
registering under a duty imposed under division (A)(1), (2), (3),	2006
or (4) of this section for any reason, if the offender or	2007
delinquent child has been adjudicated as being a sexual predator	2008
relative to the sexually oriented offense in question, if the	2009
delinquent child has been adjudicated a sexual predator relative	2010
to the sexually oriented offense in question and the court has not	2011
subsequently determined pursuant to division (D) of section	2012
2950.09, section 2152.84, or section 2152.85 of the Revised Code	2013
that the offender or delinquent child no longer is a sexual	2014
predator, or if the judge determined pursuant to division (C) of	2015
section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84,	2016
or 2152.85 of the Revised Code that the offender or delinquent	2017
child is a habitual sex offender and the determination has not	2018
been removed pursuant to section 2152.84 or 2152.85 of the Revised	2019
Code, or if the offender has the duty to register as a result of	2020
the conviction of or plea of guilty to an aggravated sexually	2021
oriented offense, the offender or delinquent child also shall	2022
include on the signed, written registration form all of the	2023
following information:	2024

(1)(a) A specific declaration that the person has been	2025
adjudicated as being a sexual predator or, has been determined to	2026
be a habitual sex offender, or was convicted of or pleaded guilty	2027
to an aggravated sexually oriented offense, whichever is	2028
applicable;	2029

(2)(b) If the offender or delinquent child has been	2030
adjudicated as being a sexual predator, the identification license	2031
plate number of each motor vehicle the offender or delinquent	2032
child owns and of each motor vehicle registered in the offender's	2033
or delinquent child's name.	2034

(D) After an offender or delinquent child registers with a	2035
sheriff pursuant to this section, the sheriff shall forward the	2036
signed, written registration form and photograph to the bureau of	2037
criminal identification and investigation in accordance with the	2038
forwarding procedures adopted pursuant to section 2950.13 of the	2039
Revised Code. If an offender registers a school, institution of	2040
higher education, or place of employment address, or provides a	2041
school or institution of higher education address under division	2042
(C)(1) of this section, the sheriff also shall provide notice to	2043
the law enforcement agency with jurisdiction over the premises of	2044
the school, institution of higher education, or place of	2045
employment of the offender's name and that the offender has	2046
registered that address as a place at which the offender attends	2047
school or an institution of higher education or at which the	2048
offender is employed. The bureau shall include the information and	2049
materials forwarded to it under this division in the state	2050
registry of sex offenders established and maintained under section	2051
2950.13 of the Revised Code.	2052

(E) No person who is required to register pursuant to	2053
divisions (A) and (B) of this section, and no person who is	2054
required to send a notice of intent to reside pursuant to division	2055
(G) of this section, shall fail to register or send the notice of	2056
intent as required in accordance with those divisions or that	2057
division.	2058

(F) An offender or delinquent child who is required to	2059
register pursuant to divisions (A) and (B) of this section shall	2060
register pursuant to this section for the period of time specified	2061
in section 2950.07 of the Revised Code.	2062

(G) If an offender or delinquent child who is required by	2063
division (A) of this section to register is adjudicated a sexual	2064
predator or a habitual sexual offender subject to community	2065
notification under division (C)(2) or (E) of section 2950.09 of	2066
the Revised Code, or if an offender who is required by division	2067
(A) of this section to register has that duty as a result of a	2068
conviction of or plea of guilty to an aggravated sexually oriented	2069
offense committed on or after the effective date of this	2070
amendment, the offender or delinquent child also shall send the	2071
sheriff of the county in which the offender or delinquent child	2072
intends to reside written notice of the offender's or delinquent	2073
child's intent to reside in the county. The offender or delinquent	2074
child shall send the notice of intent to reside at least twenty	2075
days prior to the date the offender or delinquent child begins to	2076
reside in the county. The notice of intent to reside shall contain	2077
the following information:	2078

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

2079

(2) The address or addresses at which the offender or	2080
delinquent child intends to reside;	2081

(3) The sexually oriented offense of which the offender was	2082
convicted, to which the offender pleaded guilty, or for which the	2083
child was adjudicated a delinquent child;	2084

(4) A statement that the offender or delinquent child has	2085
been adjudicated as being a sexual predator, a statement that the	2086
delinquent child has been adjudicated a sexual predator and that,	2087
as of the date of the notice, the court has not entered a	2088
determination that the offender or delinquent child no longer is a	2089
sexual predator, a statement that the sentencing or reviewing	2090
judge has determined that the offender or delinquent child is a	2091
habitual sex offender and that, as of the date of the notice, the	2092
determination has not been removed pursuant to section 2152.84 or	2093
2152.85 of the Revised Code, or a statement that the offender was	2094
convicted of or pleaded guilty to an aggravated sexually oriented	2095
offense committed on or after the effective date of this	2096
amendment.	2097

Sec. 2950.05.  (A) If an offender or delinquent child is	2098
required to register pursuant to section 2950.04 of the Revised	2099
Code, the offender or delinquent child, at least twenty days prior	2100
to changing the offender's or delinquent child's residence	2101
address, or the offender, at least twenty days prior to changing	2102
the address of the offender's school or institution of higher	2103
education and not later than five days after changing the address	2104
of the offender's place of employment, during the period during	2105
which the offender or delinquent child is required to register,	2106
shall provide written notice of the residence, school, institution	2107
of higher education, or place of employment address change, as	2108
applicable, to the sheriff with whom the offender or delinquent	2109
child most recently registered the address under section 2950.04	2110
of the Revised Code or under division (B) of this section.	2111

(B) If an offender or delinquent child is required to provide	2112
notice of a residence, school, institution of higher education, or	2113
place of employment address change under division (A) of this	2114
section, or a delinquent child is required to provide notice of a	2115
residence address change under that division, the offender or	2116
delinquent child, at least twenty days prior to changing the	2117
residence, school, or institution of higher education address and	2118
not later than five days after changing the place of employment	2119
address, as applicable, also shall register the new residence	2120
address in the manner described in divisions (B) and (C) of	2121
section 2950.04 of the Revised Code with the sheriff of the county	2122
in which the offender's or delinquent child's new residence	2123
address is located, subject to division (C) of this section.	2124

(C) Divisions (A) and (B) of this section apply to a person	2125
who is required to register pursuant to section 2950.04 of the	2126
Revised Code regardless of whether the new residence, school,	2127
institution of higher education, or place of employment address is	2128
in this state or in another state. If the new residence address is	2129
in another state, the person shall register with the appropriate	2130
law enforcement officials in that state in the manner required	2131
under the law of that state and within the earlier of the period	2132
of time required under the law of that state or at least seven	2133
days prior to changing the residence address.	2134

(D)(1) Upon receiving from an offender or delinquent child	2135
pursuant to division (A) of this section notice of a change of the	2136
offender's or delinquent child's residence, school, institution of	2137
higher education, or place of employment address or the delinquent	2138
child's residence address, a sheriff promptly shall forward the	2139
new residence address to the bureau of criminal identification and	2140
investigation in accordance with the forwarding procedures adopted	2141
pursuant to section 2950.13 of the Revised Code if the new	2142
residence address is in another state or, if the offender's or	2143
delinquent child's new residence address is located in another	2144
county in this state, to the sheriff of that county. The bureau	2145
shall include all information forwarded to it under this division	2146
in the state registry of sex offenders established and maintained	2147
under section 2950.13 of the Revised Code and shall forward notice	2148
of the offender's or delinquent child's new residence, school,	2149
institution of higher education, or place of employment address,	2150
as applicable, to the appropriate officials in the other state.	2151

(2) When an offender or delinquent child registers a new	2152
residence, school, institution of higher education, or place of	2153
employment address or a delinquent child registers a new residence	2154
address pursuant to division (B) of this section, the sheriff with	2155
whom the offender or delinquent child registers and the bureau of	2156
criminal identification and investigation shall comply with	2157
division (D) of section 2950.04 of the Revised Code.	2158

(E)(1) No person who is required to notify a sheriff of a	2159
change of address pursuant to division (A) of this section shall	2160
fail to notify the appropriate sheriff in accordance with that	2161
division.	2162

(2) No person who is required to register a new residence,	2163
school, institution of higher education, or place of employment	2164
address with a sheriff or with an official of another state	2165
pursuant to divisions (B) and (C) of this section shall fail to	2166
register with the appropriate sheriff or official of the other	2167
state in accordance with those divisions.	2168

(F) An offender or delinquent child who is required to comply	2169
with divisions (A), (B), and (C) of this section shall do so for	2170
the period of time specified in section 2950.07 of the Revised	2171
Code.	2172

Sec. 2950.06.  (A) An offender or delinquent child who is	2173
required to register a residence address pursuant to section	2174
2950.04 of the Revised Code shall periodically verify the	2175
offender's or delinquent child's current residence address, and an	2176
offender who is required to register a school, institution of	2177
higher education, or place of employment address pursuant to that	2178
section shall periodically verify the address of the offender's	2179
current school, institution of higher education, or place of	2180
employment, in accordance with this section. The frequency of	2181
verification shall be determined in accordance with division (B)	2182
of this section, and the manner of verification shall be	2183
determined in accordance with division (C) of this section.	2184

(B) The frequency with which an offender or delinquent child	2185
must verify the offender's or delinquent child's current	2186
residence, school, institution of higher education, or place of	2187
employment address pursuant to division (A) of this section shall	2188
be determined as follows:	2189

(1) Regardless of when the sexually oriented offense for	2190
which the offender or delinquent child is required to register was	2191
committed, if the offender or delinquent child has been	2192
adjudicated as being a sexual predator relative to the sexually	2193
oriented offense, if the delinquent child has been adjudicated a	2194
sexual predator relative to the sexually oriented offense and the	2195
court has not subsequently entered a determination pursuant to	2196
division (D) of section 2950.09, section 2152.84, or section	2197
2152.85 of the Revised Code that the offender or delinquent child	2198
no longer is a sexual predator, or if the offender is required to	2199
register as a result of an aggravated sexually oriented offense	2200
committed on or after the effective date of this amendment, the	2201
offender or delinquent child shall verify the offender's or	2202
delinquent child's current residence address or current school,	2203
institution of higher education, or place of employment address,	2204
and the delinquent child shall verify the delinquent child's	2205
current residence address, in accordance with division (C) of this	2206
section every ninety days after the offender's or delinquent	2207
child's initial registration date during the period the offender	2208
or delinquent child is required to register.	2209

(2) In all circumstances not described in division (B)(1) of	2210
this section, the offender or delinquent child shall verify the	2211
offender's or delinquent child's current residence address or	2212
current school, institution of higher education, or place of	2213
employment address, and the delinquent child shall verify the	2214
delinquent child's current residence address, in accordance with	2215
division (C) of this section on each anniversary of the offender's	2216
or delinquent child's initial registration date during the period	2217
the offender or delinquent child is required to register.	2218

(C)(1) An offender or delinquent child who is required to	2219
verify the offender's or delinquent child's current residence,	2220
school, institution of higher education, or place of employment	2221
address pursuant to division (A) of this section shall verify the	2222
address with the sheriff with whom the offender or delinquent	2223
child most recently registered the address by personally appearing	2224
before the sheriff or a designee of the sheriff, no earlier than	2225
ten days before the date on which the verification is required	2226
pursuant to division (B) of this section and no later than the	2227
date so required for verification, and completing and signing a	2228
copy of the verification form prescribed by the bureau of criminal	2229
identification and investigation. The sheriff or designee shall	2230
sign the completed form and indicate on the form the date on which	2231
it is so completed. The verification required under this division	2232
is complete when the offender or delinquent child personally	2233
appears before the sheriff or designee and completes and signs the	2234
form as described in this division.	2235

(2) To facilitate the verification of an offender's or	2236
delinquent child's current residence, school, institution of	2237
higher education, or place of employment address, as applicable,	2238
under division (C)(1) of this section, the sheriff with whom the	2239
offender or delinquent child most recently registered the address	2240
may mail a nonforwardable verification form prescribed by the	2241
bureau of criminal identification and investigation to the	2242
offender's or delinquent child's last reported address and to the	2243
last reported address of the parents of the delinquent child, with	2244
a notice that conspicuously states that the offender or delinquent	2245
child must personally appear before the sheriff or a designee of	2246
the sheriff to complete the form and the date by which the form	2247
must be so completed. Regardless of whether a sheriff mails a form	2248
to an offender or delinquent child and that child's parents, each	2249
offender or delinquent child who is required to verify the	2250
offender's or delinquent child's current residence, school,	2251
institution of higher education, or place of employment address,	2252
as applicable, pursuant to division (A) of this section shall	2253
personally appear before the sheriff or a designee of the sheriff	2254
to verify the address in accordance with division (C)(1) of this	2255
section.	2256

(D) The verification form to be used under division (C) of	2257
this section shall contain all of the following:	2258

(1) Except as provided in division (D)(2) of this section,	2259
the current residence address of the offender or delinquent child,	2260
the name and address of the offender's or delinquent child's	2261
employer if the offender or delinquent child is employed at the	2262
time of verification or if the offender or delinquent child knows	2263
at the time of verification that the offender or delinquent child	2264
will be commencing employment with that employer subsequent to	2265
verification, the name and address of the offender's school or	2266
institution of higher education if the offender attends one at the	2267
time of verification or if the offender knows at the time of	2268
registration that the offender will be commencing attendance at	2269
that school or institution subsequent to verification, and any	2270
other information required by the bureau of criminal	2271
identification and investigation.	2272

(2) Regarding an offender who is verifying a current school,	2273
institution of higher education, or place of employment address,	2274
the current address of the school, institution of higher	2275
education, or place of employment of the offender and any other	2276
information required by the bureau of criminal identification and	2277
investigation.	2278

(E) Upon an offender's or delinquent child's personal	2279
appearance and completion of a verification form under division	2280
(C) of this section, a sheriff promptly shall forward a copy of	2281
the verification form to the bureau of criminal identification and	2282
investigation in accordance with the forwarding procedures adopted	2283
by the attorney general pursuant to section 2950.13 of the Revised	2284
Code. If an offender verifies a school, institution of higher	2285
education, or place of employment address, or provides a school or	2286
institution of higher education address under division (D)(1) of	2287
this section, the sheriff also shall provide notice to the law	2288
enforcement agency with jurisdiction over the premises of the	2289
school, institution of higher education, or place of employment of	2290
the offender's name and that the offender has verified that	2291
address as a place at which the offender attends school or an	2292
institution of higher education or at which the offender is	2293
employed. The bureau shall include all information forwarded to it	2294
under this division in the state registry of sex offenders	2295
established and maintained under section 2950.13 of the Revised	2296
Code.	2297

(F) No person who is required to verify a current residence,	2298
school, institution of higher education, or place of employment	2299
address, as applicable, pursuant to divisions (A) to (C) of this	2300
section shall fail to verify a current residence, school,	2301
institution of higher education, or place of employment address,	2302
as applicable, in accordance with those divisions by the date	2303
required for the verification as set forth in division (B) of this	2304
section, provided that no person shall be prosecuted or subjected	2305
to a delinquent child proceeding for a violation of this division,	2306
and that no parent, guardian, or custodian of a delinquent child	2307
shall be prosecuted for a violation of section 2919.24 of the	2308
Revised Code based on the delinquent child's violation of this	2309
division, prior to the expiration of the period of time specified	2310
in division (G) of this section.	2311

(G)(1) If an offender or delinquent child fails to verify a	2312
current residence, school, institution of higher education, or	2313
place of employment address, as applicable, as required by	2314
divisions (A) to (C) of this section by the date required for the	2315
verification as set forth in division (B) of this section, the	2316
sheriff with whom the offender or delinquent child is required to	2317
verify the current residence address, on the day following that	2318
date required for the verification, shall send a written warning	2319
to the offender or to the delinquent child and that child's	2320
parents, at the offender's or delinquent child's and that child's	2321
parents' last known residence, school, institution of higher	2322
education, or place of employment address, as applicable,	2323
regarding the offender's or delinquent child's duty to verify the	2324
offender's or delinquent child's current residence, school,	2325
institution of higher education, or place of employment address,	2326
as applicable.	2327

The written warning shall do all of the following:

2328

(a) Identify the sheriff who sends it and the date on which	2329
it is sent;	2330

(b) State conspicuously that the offender or delinquent child	2331
has failed to verify the offender's or delinquent child's current	2332
residence, school, institution of higher education, or place of	2333
employment address or the delinquent child's current residence	2334
address by the date required for the verification;	2335

(c) Conspicuously state that the offender or delinquent child	2336
has seven days from the date on which the warning is sent to	2337
verify the current residence, school, institution of higher	2338
education, or place of employment address, as applicable, with the	2339
sheriff who sent the warning;	2340

(d) Conspicuously state that a failure to timely verify the	2341
specified current residence address or addresses is a felony	2342
offense;	2343

(e) Conspicuously state that, if the offender or delinquent	2344
child verifies the current residence, school, institution of	2345
higher education, or place of employment address or the delinquent	2346
child verifies the current residence address with that sheriff	2347
within that seven-day-periodseven-day period, the offender or	2348
delinquent child will not be prosecuted or subjected to a	2349
delinquent child proceeding for a failure to timely verify a	2350
current residence address and the delinquent child's parent,	2351
guardian, or custodian will not be prosecuted based on a failure	2352
of the delinquent child to timely verify an address;	2353

(f) Conspicuously state that, if the offender or delinquent	2354
child does not verify the current residence, school, institution	2355
of higher education, or place of employment address or the	2356
delinquent child verifies the current residence address with that	2357
sheriff within that seven-day-periodseven-day period, the	2358
offender or delinquent child will be arrested or taken into	2359
custody, as appropriate, and prosecuted or subjected to a	2360
delinquent child proceeding for a failure to timely verify a	2361
current residence address and the delinquent child's parent,	2362
guardian, or custodian may be prosecuted for a violation of	2363
section 2919.24 of the Revised Code based on the delinquent	2364
child's failure to timely verify a current residence address.	2365

(2) If an offender or delinquent child fails to verify a	2366
current residence, school, institution of higher education, or	2367
place of employment address, as applicable, as required by	2368
divisions (A) to (C) of this section by the date required for the	2369
verification as set forth in division (B) of this section, the	2370
offender or delinquent child shall not be prosecuted or subjected	2371
to a delinquent child proceeding for a violation of division (F)	2372
of this section, and the delinquent child's parent, guardian, or	2373
custodian shall not be prosecuted for a violation of section	2374
2919.24 of the Revised Code based on the delinquent child's	2375
failure to timely verify a current residence address, as	2376
applicable, unless the seven-day-periodseven-day period	2377
subsequent to that date that the offender or delinquent child is	2378
provided under division (G)(1) of this section to verify the	2379
current residence address has expired and the offender or	2380
delinquent child, prior to the expiration of that seven-day-period	2381
seven-day period, has not verified the current residence address.	2382
Upon the expiration of the seven-day-periodseven-day period that	2383
the offender or delinquent child is provided under division (G)(1)	2384
of this section to verify the current residence address has	2385
expired, if the offender or delinquent child has not verified the	2386
current residence address, all of the following apply:	2387

(a) The sheriff with whom the offender or delinquent child is	2388
required to verify the current residence, school, institution of	2389
higher education, or place of employment address, as applicable,	2390
promptly shall notify the bureau of criminal identification and	2391
investigation of the failure.	2392

(b) The sheriff with whom the offender or delinquent child is	2393
required to verify the current residence, school, institution of	2394
higher education, or place of employment address, as applicable,	2395
the sheriff of the county in which the offender or delinquent	2396
child resides, the sheriff of the county in which is located the	2397
offender's school, institution of higher education, or place of	2398
employment address that was to be verified, or a deputy of the	2399
appropriate sheriff, shall locate the offender or delinquent	2400
child, promptly shall seek a warrant for the arrest or taking into	2401
custody, as appropriate, of the offender or delinquent child for	2402
the violation of division (F) of this section and shall arrest the	2403
offender or take the child into custody, as appropriate.	2404

(c) The offender or delinquent child is subject to	2405
prosecution or a delinquent child proceeding for the violation of	2406
division (F) of this section, and the delinquent child's parent,	2407
guardian, or custodian may be subject to prosecution for a	2408
violation of section 2919.24 of the Revised Code based on the	2409
delinquent child's violation of that division.	2410

(H) A personAn offender who is required to verify the	2411
person'soffender's current residence, school, institution of	2412
higher education, or place of employment address pursuant to	2413
divisions (A) to (C) of this section and a delinquent child who is	2414
required to verify the delinquent child's current residence	2415
address pursuant to those divisions shall do so for the period of	2416
time specified in section 2950.07 of the Revised Code.	2417

Sec. 2950.07.  (A) The duty of an offender who is convicted	2418
of or pleads guilty to, or has been convicted of or pleaded guilty	2419
to, a sexually oriented offense and the duty of a delinquent child	2420
who is adjudicated a delinquent child for committing a sexually	2421
oriented offense and is classified a juvenile sex offender	2422
registrant or who is an out-of-state juvenile sex offender	2423
registrant to comply with sections 2950.04, 2950.05, and 2950.06	2424
of the Revised Code commences on whichever of the following dates	2425
is applicable:	2426

(1) If the offender's duty to register is imposed pursuant to	2427
division (A)(1)(a) of section 2950.04 of the Revised Code, the	2428
offender's duty to comply with those sections commences regarding	2429
residence addresses on the date of the offender's release from a	2430
prison term, a term of imprisonment, or any other type of	2431
confinement or on July 1, 1997, whichever is later, and commences	2432
regarding addresses of schools, institutions of higher education,	2433
and places of employment on the date of the offender's release	2434
from a prison term, term of imprisonment, or any other type of	2435
confinement or on the effective date of this amendment, whichever	2436
is later.	2437

(2) If the offender's duty to register is imposed pursuant to	2438
division (A)(1)(b) of section 2950.04 of the Revised Code, the	2439
offender's duty to comply with those sections commences regarding	2440
residence addresses on the date of entry of the judgment of	2441
conviction of the sexually oriented offense or on July 1, 1997,	2442
whichever is later, and commences regarding addresses of schools,	2443
institutions of higher education, and places of employment on the	2444
date of entry of the judgment of conviction of the sexually	2445
oriented offense or on the effective date of this amendment,	2446
whichever is later.	2447

(3) If the offender's duty to register is imposed pursuant to	2448
division (A)(1)(c) of section 2950.04 of the Revised Code, the	2449
offender's duty to comply with those sections commences fourteen	2450
days after July 1, 1997, and commences regarding addresses of	2451
schools, institutions of higher education, and places of	2452
employment fourteen days after the effective date of this	2453
amendment.	2454

(4) If the offender's or delinquent child's duty to register	2455
is imposed pursuant to division (A)(3)(a) or (b) of section	2456
2950.04 of the Revised Code, the offender's duty to comply with	2457
those sections commences regarding residence addresses on March	2458
30, 1999, or on the date that the offender begins to reside or	2459
becomes temporarily domiciled in this state, whichever is later,	2460
the offender's duty regarding addresses of schools, institutions	2461
of higher education, and places of employment commences on the	2462
effective date of this amendment or on the date the offender	2463
begins attending any school or institution of higher education in	2464
this state on a full-time or part-time basis or becomes employed	2465
in this state, whichever is later, and the delinquent child's duty	2466
commences on January 1, 2002, or on the date the delinquent child	2467
begins to reside or becomes temporarily domiciled in this state,	2468
whichever is later.	2469

(5) If the delinquent child's duty to register is imposed	2470
pursuant to division (A)(2) of section 2950.04 of the Revised	2471
Code, if the delinquent child's classification as a juvenile sex	2472
offender registrant is made at the time of the child's disposition	2473
for that sexually oriented offense, and if the delinquent child is	2474
committed for the sexually oriented offense to the department of	2475
youth services or to a secure facility that is not operated by the	2476
department, the delinquent child's duty to comply with those	2477
sections commences on the date of the delinquent child's discharge	2478
or release from custody in the department of youth services secure	2479
facility or from the secure facility not operated by the	2480
department as described in that division.	2481

(6) If the delinquent child's duty to register is imposed	2482
pursuant to division (A)(2) of section 2950.04 of the Revised Code	2483
and if either the delinquent child's classification as a juvenile	2484
sex offender registrant is made at the time of the child's	2485
disposition for that sexually oriented offense and the delinquent	2486
child is not committed for the sexually oriented offense to the	2487
department of youth services or to a secure facility that is not	2488
operated by the department or the child's classification as a	2489
juvenile sex offender registrant is made pursuant to sections	2490
2152.83 of the Revised Code, the delinquent child's duty to comply	2491
with those sections commences on the date of entry of the court's	2492
order that classifies the delinquent child a juvenile sex offender	2493
registrant.	2494

(B) The duty of an offender who is convicted of or pleads	2495
guilty to, or has been convicted of or pleaded guilty to, a	2496
sexually oriented offense and the duty of a delinquent child who	2497
is adjudicated a delinquent child for committing a sexually	2498
oriented offense and is classified a juvenile sex offender	2499
registrant or who is an out-of-state juvenile sex offender	2500
registrant to comply with sections 2950.04, 2950.05, and 2950.06	2501
of the Revised Code continues, after the date of commencement, for	2502
whichever of the following periods is applicable:	2503

(1) Except as otherwise provided in this division, if the	2504
offender or delinquent child has been adjudicated a sexual	2505
predator relative to the sexually oriented offense or if the	2506
offender has the duty to register as a result of an aggravated	2507
sexually oriented offense committed on or after the effective date	2508
of this amendment, the offender's or delinquent child's duty to	2509
comply with those sections continues until the offender's or	2510
delinquent child's death. Regarding an offender ora delinquent	2511
child who has been adjudicated a sexual predator relative to the	2512
sexually oriented offense, if the judge who sentenced the offender	2513
or made the disposition for the delinquent child or that judge's	2514
successor in office subsequently enters a determination pursuant	2515
to division (D) of section 2950.09 or pursuant to section 2152.84	2516
or 2152.85 of the Revised Code that the offender or delinquent	2517
child no longer is a sexual predator, the offender's or delinquent	2518
child's duty to comply with those sections continues for the	2519
period of time that otherwise would have been applicable to the	2520
offender or delinquent child under division (B)(2) or (3) of this	2521
section or, if the offender's duty to register results from a	2522
conviction of or plea of guilty to an aggravated sexually oriented	2523
offense, until the offender's death as specified under this	2524
division. In no case shall the lifetime duty to registercomply	2525
that is imposed under this division on an offender who is	2526
adjudicated a sexual predator or for an aggravated sexually	2527
oriented offense committed on or after the effective date of this	2528
amendment, or the adjudication, classification, or conviction that	2529
subjects the offender to this division, be removed or terminated.	2530

(2) If the judge who sentenced the offender or made the	2531
disposition for the delinquent child for committing the sexually	2532
oriented offense, or the successor in office of the juvenile court	2533
judge who made the delinquent child disposition, determined	2534
pursuant to division (E) of section 2950.09 or pursuant to	2535
division (B) of section 2152.83, section 2152.84, or section	2536
2152.85 of the Revised Code that the offender or delinquent child	2537
is a habitual sex offender, the offender's or delinquent child's	2538
duty to comply with those sections continues until the offender's	2539
death and the delinquent child's duty to comply with those	2540
sections continues for twenty years. If a delinquent child is	2541
determined pursuant to division (E) of section 2950.09 or pursuant	2542
to division (B) of section 2152.83, section 2152.84, or section	2543
2152.85 of the Revised Code to be a habitual sex offender and if	2544
the judge who made the disposition for the delinquent child or	2545
that judge's successor in office subsequently enters a	2546
determination pursuant to section 2152.84 or 2152.85 of the	2547
Revised Code that the delinquent child no longer is a habitual sex	2548
offender but remains a juvenile sex offender registrant, the	2549
delinquent child's duty to comply with those sections continues	2550
for the period of time that otherwise would have been applicable	2551
to the delinquent child under division (B)(3) of this section. In	2552
no case shall the lifetime duty to comply that is imposed under	2553
this division on an offender, or the determination that subjects	2554
the offender to this division, be removed or terminated.	2555

(3) If neither division (B)(1) nor (B)(2) of this section	2556
applies, the offender's or delinquent child's duty to comply with	2557
those sections continues for ten years. If a delinquent child is	2558
classified pursuant to section 2152.82 or 2152.83 of the Revised	2559
Code a juvenile sex offender registrant and if the judge who made	2560
the disposition for the delinquent child or that judge's successor	2561
in office subsequently enters a determination pursuant to section	2562
2152.84 or 2152.85 of the Revised Code that the delinquent child	2563
no longer is to be classified a juvenile sex offender registrant,	2564
the delinquent child's duty to comply with those sections	2565
terminates upon the court's entry of the determination.	2566

(C)(1) If an offender has been convicted of or pleaded guilty	2567
to a sexually oriented offense or a delinquent child has been	2568
adjudicated a delinquent child for committing a sexually oriented	2569
offense and is classified a juvenile sex offender registrant or is	2570
an out-of-state juvenile sex offender registrant, and if the	2571
offender subsequently is convicted of or pleads guilty to another	2572
sexually oriented offense or the delinquent child subsequently is	2573
adjudicated a delinquent child for committing another sexually	2574
oriented offense and is classified a juvenile sex offender	2575
registrant relative to that offense or subsequently is convicted	2576
of or pleads guilty to another sexually oriented offense, the	2577
period of time for which the offender or delinquent child must	2578
comply with the sections specified in division (A) of this section	2579
shall be separately calculated pursuant to divisions (A)(1) to (6)	2580
and (B)(1) to (3) of this section for each of the sexually	2581
oriented offenses, and the separately calculated periods of time	2582
shall be complied with independently.	2583

If a delinquent child has been adjudicated a delinquent child	2584
for committing a sexually oriented offense, is classified a	2585
juvenile sex offender registrant or is an out-of-state juvenile	2586
sex offender registrant relative to the offense, and, after	2587
attaining eighteen years of age, subsequently is convicted of or	2588
pleads guilty to another sexually oriented offense, the subsequent	2589
conviction or guilty plea does not limit, affect, or supersede the	2590
duties imposed upon the delinquent child under this chapter	2591
relative to the delinquent child's classification as a juvenile	2592
sex offender registrant or as an out-of-state juvenile sex	2593
offender registrant, and the delinquent child shall comply with	2594
both those duties and the duties imposed under this chapter	2595
relative to the subsequent conviction or guilty plea.	2596

(2) If a delinquent child has been adjudicated a delinquent	2597
child for committing on or after January 1, 2002, a sexually	2598
oriented offense and is classified a juvenile sex offender	2599
registrant relative to the offense, if the order containing the	2600
classification also contains a determination by the juvenile judge	2601
that the delinquent child is a sexual predator or a habitual sex	2602
offender, and if the juvenile judge or the judge's successor in	2603
office subsequently determines pursuant to section 2152.84 or	2604
2152.85 of the Revised Code that the delinquent child no longer is	2605
a sexual predator or habitual sex offender, the judge's subsequent	2606
determination does not affect the date of commencement of the	2607
delinquent child's duty to comply with sections 2950.04, 2950.05,	2608
and 2950.06 of the Revised Code as determined under division (A)	2609
of this section.	2610

(D) The duty of an offender or delinquent child to register	2611
under this chapter is tolled for any period during which the	2612
offender or delinquent child is returned to confinement in a	2613
secure facility for any reason or imprisoned for an offense when	2614
the confinement in a secure facility or imprisonment occurs	2615
subsequent to the date determined pursuant to division (A) of this	2616
section. The offender's or delinquent child's duty to register	2617
under this chapter resumes upon the offender's or delinquent	2618
child's release from confinement in a secure facility or	2619
imprisonment.	2620

(E) An offender or delinquent child who has been convicted of	2621
or pleaded guilty to, or has been or is adjudicated a delinquent	2622
child for committing, a sexually oriented offense in another state	2623
or, in a federal court, military court, or an Indian tribal court,	2624
or in a court of any nation other than the United States may apply	2625
to the sheriff of the county in which the offender or delinquent	2626
child resides or temporarily is domiciled, or in which the	2627
offender attends a school or institution of higher education or is	2628
employed, for credit against the duty to register for the time	2629
that the offender or delinquent child has complied with the sex	2630
offender registration requirements of another jurisdiction. The	2631
sheriff shall grant the offender or delinquent child credit	2632
against the duty to register for time for which the offender or	2633
delinquent child provides adequate proof that the offender or	2634
delinquent child has complied with the sex offender registration	2635
requirements of another jurisdiction. If the offender or	2636
delinquent child disagrees with the determination of the sheriff,	2637
the offender or delinquent child may appeal the determination to	2638
the court of common pleas of the county in which the offender or	2639
delinquent child resides or is temporarily domiciled, or in which	2640
the offender attends a school or institution of higher education	2641
or is employed.	2642

Sec. 2950.08. The(A) Subject to division (B) of this	2643
section, the statements, information, photographs, and	2644
fingerprints required by sections 2950.04, 2950.05, and 2950.06 of	2645
the Revised Code and provided by a person who registers, who	2646
provides notice of a change of residence, school, institution of	2647
higher education, or place of employment address and registers the	2648
new residence, school, institution of higher education, or place	2649
of employment address, or who provides verification of a current	2650
residence, school, institution of higher education, or place of	2651
employment address pursuant to those sections and that are in the	2652
possession of the bureau of criminal identification and	2653
investigation and the information in the possession of the bureau	2654
that was received by the bureau pursuant to section 2950.14 of the	2655
Revised Code shall not be open to inspection by the public or by	2656
any person other than the following persons:	2657

(A)(1) A regularly employed peace officer or other law	2658
enforcement officer;	2659

(B)(2) An authorized employee of the bureau of criminal	2660
identification and investigation for the purpose of providing	2661
information to a board, administrator, or person pursuant to	2662
division (F) or (G) of section 109.57 of the Revised Code.	2663

(B) Division (A) of this section does not apply to any	2664
information that is contained in the internet sex offender	2665
database established by the attorney general under division	2666
(A)(11) of section 2950.13 of the Revised Code regarding offenders	2667
and that is disseminated as described in that division.	2668

Sec. 2950.081. (A) Any statements, information, photographs,	2669
or fingerprints that are required to be provided, and that are	2670
provided, by an offender or delinquent child pursuant to section	2671
2950.04, 2950.05, or 2950.06 of the Revised Code requires a person	2672
to provide, that are provided by a person who registers, who	2673
provides notice of a change of residence address and registers the	2674
new residence address, or who provides verification of a current	2675
residence address pursuant to any provision of those sections, and	2676
that are in the possession of a county sheriff are public records	2677
open to public inspection under section 149.43 of the Revised	2678
Code.	2679

(B) Except when the act that is the basis of a child's	2680
classification as a juvenile sex offender registrant is a	2681
violation of, or an attempt to commit a violation of, section	2682
2903.01, 2903.02, or 2905.01 of the Revised Code that was	2683
committed with a purpose to gratify the sexual needs or desires of	2684
the child, a violation of section 2907.02 of the Revised Code, or	2685
an attempt to commit a violation of that section, the sheriff	2686
shall not cause to be publicly disseminated by means of the	2687
internet any statements, information, photographs, or fingerprints	2688
that are provided by a juvenile sex offender registrant who	2689
registers, who provides notice of a change of residence address	2690
and registers the new residence address, or who provides	2691
verification of a current residence address pursuant to this	2692
chapter and that are in the possession of a county sheriff.	2693

Sec. 2950.09. (A) If a person is convicted of or pleads	2694
guilty to committing, on or after January 1, 1997, a sexually	2695
oriented offense that is a sexually violent offense and also is	2696
convicted of or pleads guilty to a sexually violent predator	2697
specification that was included in the indictment, count in the	2698
indictment, or information charging the sexually violent offense,	2699
the conviction of or plea of guilty to the specification	2700
automatically classifies the offender as a sexual predator for	2701
purposes of this chapter. If a person is convicted of, pleads	2702
guilty to, or is adjudicated a delinquent child for committing, a	2703
sexually oriented offense in another state, or in a federal court,	2704
military court, or an Indian tribal court, or in a court of any	2705
nation other than the United States, and if, as a result of that	2706
conviction, plea of guilty, or adjudication, the person is	2707
required, under the law of the jurisdiction in which the person	2708
was convicted, pleaded guilty, or was adjudicated, to register as	2709
a sex offender until the person's death and is required to verify	2710
the person's address on at least a quarterly basis each year, that	2711
conviction, plea of guilty, or adjudication automatically	2712
classifies the person as a sexual predator for the purposes of	2713
this chapter, but the person may challenge that classification	2714
pursuant to division (F) of this section. In all other cases, a	2715
person who is convicted of or pleads guilty to, has been convicted	2716
of or pleaded guilty to, or is adjudicated a delinquent child for	2717
committing, a sexually oriented offense may be classified as a	2718
sexual predator for purposes of this chapter only in accordance	2719
with division (B) or (C) of this section or, regarding delinquent	2720
children, divisions (B) and (C) of section 2152.83 of the Revised	2721
Code.	2722

(B)(1)(a) The judge who is to impose sentence on a person who	2723
is convicted of or pleads guilty to a sexually oriented offense	2724
shall conduct a hearing to determine whether the offender is a	2725
sexual predator if any of the following circumstances apply:	2726

(i) Regardless of when the sexually oriented offense was	2727
committed, the offender is to be sentenced on or after January 1,	2728
1997, for a sexually oriented offense that is not a sexually	2729
violent offense.	2730

(ii) Regardless of when the sexually oriented offense was	2731
committed, the offender is to be sentenced on or after January 1,	2732
1997, for a sexually oriented offense that is a sexually violent	2733
offense and a sexually violent predator specification was not	2734
included in the indictment, count in the indictment, or	2735
information charging the sexually violent offense.	2736

(iii) Regardless of when the sexually oriented offense was	2737
committed, the offender is to be sentenced on or after May 7,	2738
2002, for a sexually oriented offense, and that offender was	2739
acquitted of a sexually violent predator specification that was	2740
included in the indictment, count in the indictment, or	2741
information charging the sexually oriented offense.	2742

(b) The judge who is to impose or has imposed an order of	2743
disposition upon a child who is adjudicated a delinquent child for	2744
committing on or after January 1, 2002, a sexually oriented	2745
offense shall conduct a hearing as provided in this division to	2746
determine whether the child is to be classified as a sexual	2747
predator if either of the following applies:	2748

(i) The judge is required by section 2152.82 or division (A)	2749
of section 2152.83 of the Revised Code to classify the child a	2750
juvenile sex offender registrant.	2751

(ii) Division (B) of section 2152.83 of the Revised Code	2752
applies regarding the child, the judge conducts a hearing under	2753
that division for the purposes described in that division, and the	2754
judge determines at that hearing that the child will be classified	2755
a juvenile sex offender registrant.	2756

(2) Regarding an offender, the judge shall conduct the	2757
hearing required by division (B)(1)(a) of this section prior to	2758
sentencing and, if the sexually oriented offense is a felony and	2759
if the hearing is being conducted under division (B)(1)(a) of this	2760
section, the judge may conduct it as part of the sentencing	2761
hearing required by section 2929.19 of the Revised Code. Regarding	2762
a delinquent child, the judge may conduct the hearing required by	2763
division (B)(1)(b) of this section at the same time as, or	2764
separate from, the dispositional hearing, as specified in the	2765
applicable provision of section 2152.82 or 2152.83 of the Revised	2766
Code. The court shall give the offender or delinquent child and	2767
the prosecutor who prosecuted the offender or handled the case	2768
against the delinquent child for the sexually oriented offense	2769
notice of the date, time, and location of the hearing. At the	2770
hearing, the offender or delinquent child and the prosecutor shall	2771
have an opportunity to testify, present evidence, call and examine	2772
witnesses and expert witnesses, and cross-examine witnesses and	2773
expert witnesses regarding the determination as to whether the	2774
offender or delinquent child is a sexual predator. The offender or	2775
delinquent child shall have the right to be represented by counsel	2776
and, if indigent, the right to have counsel appointed to represent	2777
the offender or delinquent child.	2778

(3) In making a determination under divisions (B)(1) and (4)	2779
of this section as to whether an offender or delinquent child is a	2780
sexual predator, the judge shall consider all relevant factors,	2781
including, but not limited to, all of the following:	2782

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

2783

(b) The offender's or delinquent child's prior criminal or	2784
delinquency record regarding all offenses, including, but not	2785
limited to, all sexual offenses;	2786

(c) The age of the victim of the sexually oriented offense	2787
for which sentence is to be imposed or the order of disposition is	2788
to be made;	2789

(d) Whether the sexually oriented offense for which sentence	2790
is to be imposed or the order of disposition is to be made	2791
involved multiple victims;	2792

(e) Whether the offender or delinquent child used drugs or	2793
alcohol to impair the victim of the sexually oriented offense or	2794
to prevent the victim from resisting;	2795

(f) If the offender or delinquent child previously has been	2796
convicted of or pleaded guilty to, or been adjudicated a	2797
delinquent child for committing an act that if committed by an	2798
adult would be, a criminal offense, whether the offender or	2799
delinquent child completed any sentence or dispositional order	2800
imposed for the prior offense or act and, if the prior offense or	2801
act was a sex offense or a sexually oriented offense, whether the	2802
offender or delinquent child participated in available programs	2803
for sexual offenders;	2804

(g) Any mental illness or mental disability of the offender	2805
or delinquent child;	2806

(h) The nature of the offender's or delinquent child's sexual	2807
conduct, sexual contact, or interaction in a sexual context with	2808
the victim of the sexually oriented offense and whether the sexual	2809
conduct, sexual contact, or interaction in a sexual context was	2810
part of a demonstrated pattern of abuse;	2811

(i) Whether the offender or delinquent child, during the	2812
commission of the sexually oriented offense for which sentence is	2813
to be imposed or the order of disposition is to be made, displayed	2814
cruelty or made one or more threats of cruelty;	2815

(j) Any additional behavioral characteristics that contribute	2816
to the offender's or delinquent child's conduct.	2817

(4) After reviewing all testimony and evidence presented at	2818
the hearing conducted under division (B)(1) of this section and	2819
the factors specified in division (B)(3) of this section, the	2820
court shall determine by clear and convincing evidence whether the	2821
subject offender or delinquent child is a sexual predator. If the	2822
court determines that the subject offender or delinquent child is	2823
not a sexual predator, the court shall specify in the offender's	2824
sentence and the judgment of conviction that contains the sentence	2825
or in the delinquent child's dispositional order, as appropriate,	2826
that the court has determined that the offender or delinquent	2827
child is not a sexual predator and the reason or reasons why the	2828
court determined that the subject offender or delinquent child is	2829
not a sexual predator. If the court determines by clear and	2830
convincing evidence that the subject offender or delinquent child	2831
is a sexual predator, the court shall specify in the offender's	2832
sentence and the judgment of conviction that contains the sentence	2833
or in the delinquent child's dispositional order, as appropriate,	2834
that the court has determined that the offender or delinquent	2835
child is a sexual predator and shall specify that the	2836
determination was pursuant to division (B) of this section. In any	2837
case in which the sexually oriented offense in question is an	2838
aggravated sexually oriented offense committed on or after the	2839
effective date of this amendment, the court shall specify in the	2840
offender's sentence and the judgment of conviction that contains	2841
the sentence that the offender's offense is an aggravated sexually	2842
oriented offense. The offender or delinquent child and the	2843
prosecutor who prosecuted the offender or handled the case against	2844
the delinquent child for the sexually oriented offense in question	2845
may appeal as a matter of right the court's determination under	2846
this division as to whether the offender or delinquent child is,	2847
or is not, a sexual predator.	2848

(5) A hearing shall not be conducted under division (B) of	2849
this section regarding an offender if the sexually oriented	2850
offense in question is a sexually violent offense, if the	2851
indictment, count in the indictment, or information charging the	2852
offense also included a sexually violent predator specification,	2853
and if the offender is convicted of or pleads guilty to that	2854
sexually violent predator specification.	2855

(C)(1) If a person was convicted of or pleaded guilty to a	2856
sexually oriented offense prior to January 1, 1997, if the person	2857
was not sentenced for the offense on or after January 1, 1997, and	2858
if, on or after January 1, 1997, the offender is serving a term of	2859
imprisonment in a state correctional institution, the department	2860
of rehabilitation and correction shall do whichever of the	2861
following is applicable:	2862

(a) If the sexually oriented offense was an offense described	2863
in division (D)(1)(c) of section 2950.01 of the Revised Code or	2864
was a violent sex offense, the department shall notify the court	2865
that sentenced the offender of this fact, and the court shall	2866
conduct a hearing to determine whether the offender is a sexual	2867
predator.	2868

(b) If division (C)(1)(a) of this section does not apply, the	2869
department shall determine whether to recommend that the offender	2870
be adjudicated as being a sexual predator. In making a	2871
determination under this division as to whether to recommend that	2872
the offender be adjudicated as being a sexual predator, the	2873
department shall consider all relevant factors, including, but not	2874
limited to, all of the factors specified in division (B)(2) of	2875
this section. If the department determines that it will recommend	2876
that the offender be adjudicated as being a sexual predator, it	2877
immediately shall send the recommendation to the court that	2878
sentenced the offender and. If the department determines that it	2879
will not recommend that the offender be adjudicated a sexual	2880
predator, it immediately shall send its determination to the court	2881
that sentenced the offender. In all cases, the department shall	2882
enter its determination and recommendation in the offender's	2883
institutional record, and the court shall proceed in accordance	2884
with division (C)(2) of this section.	2885

(2)(a) If the department of rehabilitation and correction	2886
sends to a court a notice under division (C)(1)(a) of this	2887
section, the court shall conduct a hearing to determine whether	2888
the subject offender is a sexual predator. If, pursuant to	2889
division (C)(1)(b) of this section, the department of	2890
rehabilitation and correction sends to a court a recommendation	2891
that an offender who has been convicted of or pleaded guilty to a	2892
sexually oriented offense be adjudicated as being a sexual	2893
predator, the court is not bound by the department's	2894
recommendation, and the court mayshall conduct a hearing to	2895
determine whether the offender is a sexual predator. TheIn any	2896
case, the court may deny the recommendation and determine that the	2897
offender is not a sexual predator without a hearing but shall not	2898
make a determination thatas to whether the offender is, or is	2899
not, a sexual predator in any case without a hearing. The court	2900
may hold the hearing and make the determination prior to the	2901
offender's release from imprisonment or at any time within one	2902
year following the offender's release from that imprisonment. If	2903
the court determines without a hearing that the offender is not a	2904
sexual predator, it shall include its determination in the	2905
offender's institutional record and	2906

(b) If, pursuant to division (C)(1)(b) of this section, the	2907
department sends to the court a determination that it is not	2908
recommending that an offender be adjudicated a sexual predator,	2909
the court shall not make any determination as to whether the	2910
offender is, or is not, a sexual predator but shall determine	2911
whether the offender previously has been convicted of or pleaded	2912
guilty to a sexually oriented offense other than the offense in	2913
relation to which the court determined that the offender is not a	2914
sexual predatordepartment made its determination.	2915

The court may make the determination as toconduct a hearing	2916
to determine whether the offender previously has been convicted of	2917
or pleaded guilty to a sexually oriented offense but may make the	2918
determination without a hearing, but. However, if the court	2919
determines that the offender previously has been convicted of or	2920
pleaded guilty to such an offense, it shall not impose a	2921
requirement that the offender be subject to the community	2922
notification provisions regarding the offender's place of	2923
residence that are contained in sections 2950.10 and 2950.11 of	2924
the Revised Code without a hearing. The court may conduct a	2925
hearing to determine both whether the offender previously has been	2926
convicted of or pleaded guilty to a sexually oriented offense and	2927
whether to impose a requirement that the offender be subject to	2928
the community notification provisions as described in this	2929
division, or may conduct a hearing solely to make the latter	2930
determination. The court shall include in the offender's	2931
institutional record any determination made under this division as	2932
to whether the offender previously has been convicted of or	2933
pleaded guilty to a sexually oriented offense, and, as such,	2934
whether the offender is a habitual sex offender.	2935

(b) If the court schedules(c) Upon scheduling a hearing	2936
under division (C)(2)(a) or (b) of this section, the court shall	2937
give the offender and the prosecutor who prosecuted the offender	2938
for the sexually oriented offense, or that prosecutor's successor	2939
in office, notice of the date, time, and place of the hearing. If	2940
the hearing is scheduled under division (C)(2)(a) of this section	2941
to determine whether the offender is a sexual predator, it shall	2942
be conducted in the manner described in division (B)(1) of this	2943
section regarding hearings conducted under that division and, in	2944
making a determination under this division as to whether the	2945
offender is a sexual predator, the court shall consider all	2946
relevant factors, including, but not limited to, all of the	2947
factors specified in division (B)(2) of this section. After	2948
reviewing all testimony and evidence presented at the sexual	2949
predator hearing and the factors specified in division (B)(2) of	2950
this section, the court shall determine by clear and convincing	2951
evidence whether the offender is a sexual predator. If the court	2952
determines at the sexual predator hearing that the offender is not	2953
a sexual predator, it also shall determine whether the offender	2954
previously has been convicted of or pleaded guilty to a sexually	2955
oriented offense other than the offense in relation to which the	2956
hearing is being conducted.	2957

Upon making its determinations at the sexual predator	2958
hearing, the court shall proceed as follows:	2959

(i) If the hearing is to determine whether the offender is a	2960
sexual predator, and if the court determines that the offender is	2961
not a sexual predator and that the offender previously has not	2962
been convicted of or pleaded guilty to a sexually oriented offense	2963
other than the offense in relation to which the hearing is being	2964
conducted, it shall include its determinations in the offender's	2965
institutional record its determinations and the reason or reasons	2966
why it determined that the offender is not a sexual predator.	2967

(ii) If the hearing is to determine whether the offender is a	2968
sexual predator, and if the court determines that the offender is	2969
not a sexual predator but that the offender previously has been	2970
convicted of or pleaded guilty to a sexually oriented offense	2971
other than the offense in relation to which the hearing is being	2972
conducted, it shall include its determination that the offender is	2973
not a sexual predator but is a habitual sex offender in the	2974
offender's institutional record its determination that the	2975
offender is not a sexual predator but is a habitual sex offender	2976
and the reason or reasons why it determined that the offender is	2977
not a sexual predator, shall attach the determinations and the	2978
reason or reasons to the offender's sentence, shall specify that	2979
the determinations were pursuant to division (C) of this section,	2980
shall provide a copy of the determinations and the reason or	2981
reasons to the offender, to the prosecuting attorney, and to the	2982
department of rehabilitation and correction, and may impose a	2983
requirement that the offender be subject to the community	2984
notification provisions regarding the offender's place of	2985
residence that are contained in sections 2950.10 and 2950.11 of	2986
the Revised Code. The offender shall not be subject to those	2987
community notification provisions relative to the sexually	2988
oriented offense in question if the court does not so impose the	2989
requirement described in this division. If the court imposes those	2990
community notification provisionsthat requirement, the offender	2991
may appeal the judge's determination that the offender is a	2992
habitual sex offender.	2993

(iii) If the hearing is to determine whether the offender	2994
previously has been convicted of or pleaded guilty to a sexually	2995
oriented offense other than the offense in relation to which the	2996
hearing is being conducted and whether to impose a requirement	2997
that the offender be subject to the specified community	2998
notification provisions, and if the court determines that the	2999
offender previously has been convicted of or pleaded guilty to	3000
such an offense, the court shall proceed as described in division	3001
(C)(2)(b)(ii) of this section and may impose a community	3002
notification requirement as described in that division. The	3003
offender shall not be subject to the specified community	3004
notification provisions relative to the sexually oriented offense	3005
in question if the court does not so impose the requirement	3006
described in that division. If the court imposes those community	3007
notification provisions, the offender may appeal the judge's	3008
determination that the offender is a habitual sex offender.	3009

(iv) If the court determined without a hearing that the	3010
offender previously has been convicted of or pleaded guilty to a	3011
sexually oriented offense other than the offense in relation to	3012
which the court determined that the offender is not a sexual	3013
predator, and, as such, is a habitual sex offender, and the	3014
hearing is solely to determine whether to impose a requirement	3015
that the offender be subject to the specified community	3016
notification provisions, after the hearing, the court may impose a	3017
community notification requirement as described in division	3018
(C)(2)(b)(ii) of this section. The offender shall not be subject	3019
to the specified community notification provisions relative to the	3020
sexually oriented offense in question if the court does not so	3021
impose the requirement described in that division. If the court	3022
imposes those community notification provisions, the offender may	3023
appeal the judge's determination that the offender is a habitual	3024
sex offender.	3025

(v) If the hearing is to determine whether the offender is a	3026
sexual predator, and if the court determines by clear and	3027
convincing evidence that the offender is a sexual predator, it	3028
shall enter its determination in the offender's institutional	3029
record, shall attach the determination to the offender's sentence,	3030
shall specify that the determination was pursuant to division (C)	3031
of this section, and shall provide a copy of the determination to	3032
the offender, to the prosecuting attorney, and to the department	3033
of rehabilitation and correction. The offender and the prosecutor	3034
may appeal as a matter of right the judge's determination under	3035
this divisiondivisions (C)(2)(a) and (c) of this section as to	3036
whether the offender is, or is not, a sexual predator.	3037

If the hearing is scheduled under division (C)(2)(b) of this	3038
section to determine whether the offender previously has been	3039
convicted of or pleaded guilty to a sexually oriented offense or	3040
whether to subject the offender to the community notification	3041
provisions contained in sections 2950.10 and 2950.11 of the	3042
Revised Code, the court shall attach the determination or	3043
determinations to the offender's sentence, shall provide a copy to	3044
the offender, to the prosecuting attorney, and to the department	3045
of rehabilitation and correction and may impose a requirement that	3046
the offender be subject to the community notification provisions.	3047
The offender shall not be subject to the community notification	3048
provisions relative to the sexually oriented offense in question	3049
if the court does not so impose the requirement described in this	3050
division. If the court imposes that requirement, the offender may	3051
appeal the judge's determination that the offender is a habitual	3052
sex offender.	3053

(D)(1) Division (D) of this section appliesdoes not apply to	3054
personsany person who havehas been convicted of or pleaded	3055
guilty to a sexually oriented offense and also. Division (D) of	3056
this section applies only to delinquent children as provided in	3057
Chapter 2152. of the Revised Code. A person who has been	3058
adjudicated a delinquent child for committing a sexually oriented	3059
offense and who has been classified by a juvenile court judge a	3060
juvenile sex offender registrant or, if applicable, additionally	3061
has been determined by a juvenile court judge to be a sexual	3062
predator or habitual sex offender, may petition the adjudicating	3063
court for a reclassification or declassification pursuant to	3064
section 2152.85 of the Revised Code.	3065

Upon the expiration of the applicable period of time	3066
specified in division (D)(1)(a) or (b) of this section, an	3067
offender who has been convicted of or pleaded guilty to a sexually	3068
oriented offense and who has been adjudicated as being a sexual	3069
predator relative to the sexually oriented offense in the manner	3070
described in division (B) or (C) of this section may petition the	3071
judge who made the determination that the offender was a sexual	3072
predator, or that judge's successor in office, to enter a	3073
determination that the offender no longer is a sexual predator.	3074
Upon the filing of the petition, the judge may review the prior	3075
sexual predator determination that comprises the sexual predator	3076
adjudication, and, upon consideration ofA judge who is reviewing	3077
a sexual predator determination for a delinquent child under	3078
section 2152.84 or 2152.85 of the Revised Code shall comply with	3079
this section. At the hearing, the judge shall consider all	3080
relevant evidence and information, including, but not limited to,	3081
the factors set forth in division (B)(3) of this section, either	3082
shall enter a determination that the offender no longer is a	3083
sexual predator or shall enter an order denying the petition. The	3084
judge shall not enter a determination under this division that the	3085
offenderdelinquent child no longer is a sexual predator unless	3086
the judge determines by clear and convincing evidence that the	3087
offenderdelinquent child is unlikely to commit a sexually	3088
oriented offense in the future. If the judge enters a	3089
determination under this division that the offenderdelinquent	3090
child no longer is a sexual predator, the judge shall notify the	3091
bureau of criminal identification and investigation and the parole	3092
board of the determination and shall include in the notice a	3093
statement of the reason or reasons why it determined that the	3094
delinquent child no longer is a sexual predator. Upon receipt of	3095
the notification, the bureau promptly shall notify the sheriff	3096
with whom the offenderdelinquent child most recently registered	3097
under section 2950.04 or 2950.05 of the Revised Code of the	3098
determination that the offenderdelinquent child no longer is a	3099
sexual predator. If the judge enters a determination under this	3100
division that the offender no longer is a sexual predator and if	3101
the offender has a duty to register under section 2950.04 of the	3102
Revised Code resulting from the offender's conviction of or plea	3103
of guilty to committing on or after the effective date of this	3104
amendment an aggravated sexually oriented offense, the entry of	3105
the determination under this division does not affect any duties	3106
imposed upon the offender under this chapter as a result of that	3107
conviction of or plea of guilty to the aggravated sexually	3108
oriented offense. If the judge enters an order denying the	3109
petition, the prior adjudication of the offender as a sexual	3110
predator shall remain in effect. An offender determined to be a	3111
sexual predator in the manner described in division (B) or (C) of	3112
this section may file a petition under this division after the	3113
expiration of the following periods of time:	3114

(a) Regardless of when the sexually oriented offense was	3115
committed, if, on or after January 1, 1997, the offender is	3116
imprisoned or sentenced to a prison term or other confinement for	3117
the sexually oriented offense in relation to which the	3118
determination was made, the offender initially may file the	3119
petition not earlier than one year prior to the offender's release	3120
from the imprisonment, prison term, or other confinement by	3121
discharge, parole, judicial release, or any other final release.	3122
If the offender is sentenced on or after January 1, 1997, for the	3123
sexually oriented offense in relation to which the determination	3124
is made and is not imprisoned or sentenced to a prison term or	3125
other confinement for the sexually oriented offense, the offender	3126
initially may file the petition upon the expiration of one year	3127
after the entry of the offender's judgment of conviction.	3128

(b) After the offender's initial filing of a petition under	3129
division (D)(1)(a) of this section, thereafter, an offender may	3130
file a petition under this division upon the expiration of five	3131
years after the court has entered an order denying the petition	3132
under division (D)(1)(a) of this section or the most recent	3133
petition the offender has filed under this division.	3134

(2) Except as otherwise provided in this division, division	3135
(D)(1) of this section does not apply to a person who is	3136
classified as a sexual predator pursuant to division (A) of this	3137
section. If a person who is so classified was sentenced to a	3138
prison term pursuant to division (A)(3) of section 2971.03 of the	3139
Revised Code and if the sentencing court terminates the offender's	3140
prison term as provided in division (D) of section 2971.05 of the	3141
Revised Code, the court's termination of the prison term	3142
automatically shall constitute a determination by the court that	3143
the offender no longer is a sexual predator. However, if there is	3144
a determination under this division that the offender no longer is	3145
a sexual predator and if the offender has a duty to register under	3146
section 2950.04 of the Revised Code resulting from the offender's	3147
conviction of or plea of guilty to committing on or after the	3148
effective date of this amendment an aggravated sexually oriented	3149
offense, the determination under this division does not affect any	3150
duties imposed upon the offender under this chapter as a result of	3151
that conviction of or plea of guilty to the aggravated sexually	3152
oriented offense. If the court so terminates the offender's prison	3153
term, the court shall notify the bureau of criminal identification	3154
and investigation and the parole board of the determination that	3155
the offender no longer is a sexual predator. Upon receipt of the	3156
notification, the bureau promptly shall notify the sheriff with	3157
whom the offender most recently registered under section 2950.04	3158
or 2950.05 of the Revised Code that the offender no longer is a	3159
sexual predator. If an offender who has been convicted of or	3160
pleaded guilty to a sexually oriented offense is classified as a	3161
sexual predator pursuant to division (A) of this section is	3162
released from prison pursuant to a pardon or commutationor has	3163
been adjudicated as a sexual predator relative to the offense as	3164
described in division (B) or (C) of this section, the	3165
classification or adjudication of the offender as a sexual	3166
predator shall remain in effect after the offender's release, and	3167
the offender may file one or more petitions in accordance with the	3168
procedures and time limitations contained in division (D)(1) of	3169
this section for a determination that the offender no longer is a	3170
sexual predatoris permanent and continues in effect until the	3171
offender's death and in no case shall the classification or	3172
adjudication be removed or terminated.	3173

(E)(1) If a person is convicted of or pleads guilty to	3174
committing, on or after January 1, 1997, a sexually oriented	3175
offense, the judge who is to impose sentence on the offender shall	3176
determine, prior to sentencing, whether the offender previously	3177
has been convicted of or pleaded guilty to, or adjudicated a	3178
delinquent child for committing, a sexually oriented offense and	3179
is a habitual sex offender. The judge who is to impose or has	3180
imposed an order of disposition upon a child who is adjudicated a	3181
delinquent child for committing on or after January 1, 2002, a	3182
sexually oriented offense shall determine, prior to entering the	3183
order classifying the delinquent child a juvenile sex offender	3184
registrant, whether the delinquent child previously has been	3185
convicted of or pleaded guilty to, or adjudicated a delinquent	3186
child for committing, a sexually oriented offense and is a	3187
habitual sex offender, if either of the following applies:	3188

(a) The judge is required by section 2152.82 or division (A)	3189
of section 2152.83 of the Revised Code to classify the child a	3190
juvenile sex offender registrant;	3191

(b) Division (B) of section 2152.83 of the Revised Code	3192
applies regarding the child, the judge conducts a hearing under	3193
that division for the purposes described in that division, and the	3194
judge determines at that hearing that the child will be classified	3195
a juvenile sex offender registrant.	3196

(2) If, under division (E)(1) of this section, the judge	3197
determines that the offender or delinquent child previously has	3198
not been convicted of or pleaded guilty to, or been adjudicated a	3199
delinquent child for committing, a sexually oriented offense or	3200
that the offender otherwise does not satisfy the criteria for	3201
being a habitual sex offender, the judge shall specify in the	3202
offender's sentence or in the order classifying the delinquent	3203
child a juvenile sex offender registrant that the judge has	3204
determined that the offender or delinquent child is not a habitual	3205
sex offender. If the judge determines that the offender or	3206
delinquent child previously has been convicted of or pleaded	3207
guilty to, or been adjudicated a delinquent child for committing,	3208
a sexually oriented offense and that the offender satisfies all	3209
other criteria for being a habitual sex offender, the judge shall	3210
specify in the offender's sentence and the judgment of conviction	3211
that contains the sentence or in the order classifying the	3212
delinquent child a juvenile sex offender registrant that the judge	3213
has determined that the offender or delinquent child is a habitual	3214
sex offender and may impose a requirement in that sentence and	3215
judgment of conviction or in that order that the offender or	3216
delinquent child be subject to the community notification	3217
provisions regarding the offender's or delinquent child's place of	3218
residence that are contained in sections 2950.10 and 2950.11 of	3219
the Revised Code. Unless the habitual sex offender also has been	3220
adjudicated as being a sexual predator relative to the sexually	3221
oriented offense in question or the habitual sex offender was	3222
convicted of or pleaded guilty to an aggravated sexually oriented	3223
offense that was committed on or after the effective date of this	3224
amendment, the offender or delinquent child shall be subject to	3225
those community notification provisions only if the court imposes	3226
the requirement described in this division in the offender's	3227
sentence and the judgment of conviction or in the order	3228
classifying the delinquent child a juvenile sex offender	3229
registrant. If the court determines pursuant to this division or	3230
division (C)(2) of this section that an offender is a habitual sex	3231
offender, the determination is permanent and continues in effect	3232
until the offender's death, and in no case shall the determination	3233
be removed or terminated.	3234

If a court in another state, a federal court, military court,	3235
or Indian tribal court, or a court in any nation other than the	3236
United States determines a person to be a habitual sex offender in	3237
that jurisdiction, the person is considered to be determined to be	3238
a habitual sex offender in this state. If the court in the other	3239
state, the federal court, military court, or Indian tribal court,	3240
or the court in the nation other than the United States subjects	3241
the habitual sex offender to community notification regarding the	3242
person's place of residence, the person, as much as is	3243
practicable, is subject to the community notification provisions	3244
regarding the person's place of residence that are contained in	3245
sections 2950.10 and 2950.11 of the Revised Code, unless the court	3246
that so subjected the person to community notification determines	3247
that the person no longer is subject to community notification.	3248

(F)(1) An offender or delinquent child classified as a sexual	3249
predator may petition the court of common pleas or, for a	3250
delinquent child, the juvenile court of the county in which the	3251
offender or delinquent child resides or temporarily is domiciled	3252
to enter a determination that the offender or delinquent child is	3253
not an adjudicated sexual predator in this state for purposes of	3254
the sex offender registration requirements of this chapter or the	3255
community notification provisions contained in sections 2950.10	3256
and 2950.11 of the Revised Code if all of the following apply:	3257

(a) The offender or delinquent child was convicted of,	3258
pleaded guilty to, or was adjudicated a delinquent child for	3259
committing, a sexually oriented offense in another state or, in a	3260
federal court, a military court, or an Indian tribal court, or in	3261
a court of any nation other than the United States.	3262

(b) As a result of the conviction, plea of guilty, or	3263
adjudication described in division (F)(1)(a) of this section, the	3264
offender or delinquent child is required under the law of the	3265
jurisdiction under which the offender or delinquent child was	3266
convicted, pleaded guilty, or was adjudicated to register as a sex	3267
offender until the offender's or delinquent child's death and is	3268
required to verify the offender's or delinquent child's address on	3269
at least a quarterly basis each year.	3270

(c) The offender or delinquent child was automatically	3271
classified as a sexual predator under division (A) of this section	3272
in relation to the conviction, guilty plea, or adjudication	3273
described in division (F)(1)(a) of this section.	3274

(2) The court may enter a determination that the offender or	3275
delinquent child filing the petition described in division (F)(1)	3276
of this section is not an adjudicated sexual predator in this	3277
state for purposes of the sex offender registration requirements	3278
of this chapter or the community notification provisions contained	3279
in sections 2950.10 and 2950.11 of the Revised Code only if the	3280
offender or delinquent child proves by clear and convincing	3281
evidence that the requirement of the other jurisdiction that the	3282
offender or delinquent child register as a sex offender until the	3283
offender's or delinquent child's death and the requirement that	3284
the offender or delinquent child verify the offender's or	3285
delinquent child's address on at least a quarterly basis each year	3286
is not substantially similar to a classification as a sexual	3287
predator for purposes of this chapter. If the court enters a	3288
determination that the offender or delinquent child is not an	3289
adjudicated sexual predator in this state for those purposes, the	3290
court shall include in the determination a statement of the reason	3291
or reasons why it so determined.	3292

Sec. 2950.10.  (A)(1) If a person is convicted of or pleads	3293
guilty to, or has been convicted of or pleaded guilty to, a	3294
sexually oriented offense or a person is adjudicated a delinquent	3295
child for committing a sexually oriented offense and is classified	3296
a juvenile sex offender registrant or is an out-of-state juvenile	3297
sex offender registrant based on that adjudication, if the	3298
offender or delinquent child is in any category specified in	3299
division (B)(1)(a), (b), or (c) of this section, if the offender	3300
or delinquent child registers with a sheriff pursuant to section	3301
2950.04 or 2950.05 of the Revised Code, and if the victim of the	3302
sexually oriented offense has made a request in accordance with	3303
rules adopted by the attorney general that specifies that the	3304
victim would like to be provided the notices described in this	3305
section, the sheriff shall notify the victim of the sexually	3306
oriented offense, in writing, that the offender or delinquent	3307
child has registered and shall include in the notice the	3308
offender's or delinquent child's name and residencethe address or	3309
addresses of the offender's residence, school, institution of	3310
higher education, or place of employment, as applicable, or the	3311
delinquent child's name and residence address or addresses. The	3312
sheriff shall provide the notice required by this division to the	3313
victim at the most recent residence address available for that	3314
victim, not later than seventy-two hoursfive days after the	3315
offender or delinquent child registers with the sheriff.	3316

(2) If a person is convicted of or pleads guilty to, or has	3317
been convicted of or pleaded guilty to, a sexually oriented	3318
offense or a person is adjudicated a delinquent child for	3319
committing a sexually oriented offense and is classified a	3320
juvenile sex offender registrant or is an out-of-state juvenile	3321
sex offender registrant based on that adjudication, if the	3322
offender or delinquent child is in any category specified in	3323
division (B)(1)(a), (b), or (c) of this section, if the offender	3324
or delinquent child registers with a sheriff pursuant to section	3325
2950.04 or 2950.05 of the Revised Code, if the victim of the	3326
sexually oriented offense has made a request in accordance with	3327
rules adopted by the attorney general that specifies that the	3328
victim would like to be provided the notices described in this	3329
section, and if the offender or delinquent child notifies the	3330
sheriff of a change of residence, school, institution of higher	3331
education, or place of employment address or the delinquent child	3332
notifies the sheriff of a change of residence address pursuant to	3333
section 2950.05 of the Revised Code, the sheriff shall notify the	3334
victim of the sexually oriented offense, in writing, that the	3335
offender's or delinquent child's residence address has changed and	3336
shall include in the notice the offender's or delinquent child's	3337
name and the new residence address or addresses of the offender's	3338
residence, school, institution of higher education, or place of	3339
employment, as applicable, or the delinquent child's name and new	3340
residence address or addresses. The sheriff shall provide the	3341
notice required by this division to the victim at the most recent	3342
residence address available for that victim, no later than	3343
seventy-two hoursfive days after the offender or delinquent child	3344
notifies the sheriff of the change in the offender's or delinquent	3345
child's residence, school, institution of higher education, or	3346
place of employment address.	3347

(3) If a person is convicted of or pleads guilty to, or has	3348
been convicted of or pleaded guilty to, a sexually oriented	3349
offense or a person is adjudicated a delinquent child for	3350
committing a sexually oriented offense and is classified a	3351
juvenile sex offender registrant or is an out-of-state juvenile	3352
sex offender registrant based on that adjudication, and if the	3353
offender or delinquent child is adjudicated as being a sexual	3354
predator relative to the sexually oriented offense or the offender	3355
or delinquent child is determined pursuant to division (E) of	3356
section 2950.09, division (B) of section 2152.83, section 2152.84,	3357
or section 2152.85 of the Revised Code to be a habitual sex	3358
offender and is made subject toin any category specified in	3359
division (B)(1)(a), (b), or (c) of this section, the victim of the	3360
offense may make a request in accordance with rules adopted by the	3361
attorney general pursuant to section 2950.13 of the Revised Code	3362
that specifies that the victim would like to be provided the	3363
notices described in divisions (A)(1) and (2) of this section. If	3364
the victim makes a request in accordance with those rules, the	3365
sheriff described in divisions (A)(1) and (2) of this section	3366
shall provide the victim with the notices described in those	3367
divisions.	3368

(4) If a victim makes a request as described in division	3369
(A)(3) of this section that specifies that the victim would like	3370
to be provided the notices described in divisions (A)(1) and (2)	3371
of this section, all information a sheriff obtains regarding the	3372
victim from or as a result of the request is confidential, and the	3373
information is not a public record open for inspection under	3374
section 149.43 of the Revised Code.	3375

(5) The notices described in divisions (A)(1) and (2) of this	3376
section are in addition to any notices regarding the offender or	3377
delinquent child that the victim is entitled to receive under	3378
Chapter 2930. of the Revised Code.	3379

(B)(1) The duties to provide the notices described in	3380
divisions (A)(1) and (2) of this section apply regarding any	3381
offender or delinquent child who is in any of the following	3382
categories, if the other criteria set forth in division (A)(1) or	3383
(2) of this section, whichever is applicable, are satisfied:	3384

(a) The offender or delinquent child has been adjudicated a	3385
sexual predator relative to the sexually oriented offense for	3386
which the offender or delinquent child has the duty to register	3387
under section 2950.04 of the Revised Code, and, regarding a	3388
delinquent child, the court has not subsequently determined	3389
pursuant to division (D) of section 2950.09, section 2152.84, or	3390
section 2152.85 of the Revised Code that the offender or	3391
delinquent child no longer is a sexual predator.	3392

(b) The offender or delinquent child has been determined	3393
pursuant to division (C)(2) or (E) of section 2950.09, division	3394
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	3395
Revised Code to be a habitual sex offender, the court has imposed	3396
a requirement under that division or section subjecting the	3397
habitual sex offender to this section, and, regarding a delinquent	3398
child, the determination has not been removed pursuant to section	3399
2152.84 or 2152.85 of the Revised Code.	3400

(c) The sexually oriented offense for which the offender has	3401
the duty to register under section 2950.04 of the Revised Code is	3402
an aggravated sexually oriented offense committed on or after the	3403
effective date of this amendment, regardless of whether the	3404
offender has been adjudicated a sexual predator relative to the	3405
offense or has been determined to be a habitual sex offender and,	3406
if the offender has been so adjudicated or determined to be a	3407
habitual sex offender, regardless of whether the court has	3408
subsequently determined that the offender no longer is a sexual	3409
predator or whether the habitual sex offender determination has	3410
not been removed as described in division (A)(1)(a) or (b) of this	3411
section.	3412

(2) A victim of a sexually oriented offense is not entitled	3413
to be provided any notice described in division (A)(1) or (2) of	3414
this section unless the offender or delinquent child is in a	3415
category specified in division (B)(1)(a), (b), or (c) of this	3416
section. A victim of a sexually oriented offense is not entitled	3417
to any notice described in division (A)(1) or (2) of this section	3418
unless the victim makes a request in accordance with rules adopted	3419
by the attorney general pursuant to section 2950.13 of the Revised	3420
Code that specifies that the victim would like to be provided the	3421
notices described in divisions (A)(1) and (2) of this section.	3422
This division does not affect any rights of a victim of a sexually	3423
oriented offense to be provided notice regarding an offender or	3424
delinquent child that are described in Chapter 2930. of the	3425
Revised Code.	3426

Sec. 2950.11.  (A) As used in this section, "specified	3427
geographical notification area" means the geographic area or areas	3428
within which the attorney general, by rule adopted under section	3429
2950.13 of the Revised Code, requires the notice described in	3430
division (B) of this section to be given to the persons identified	3431
in divisions (A)(2) to (8) of this section. If a person is	3432
convicted of or pleads guilty to, or has been convicted of or	3433
pleaded guilty to, a sexually oriented offense or a person is	3434
adjudicated a delinquent child for committing a sexually oriented	3435
offense and is classified a juvenile sex offender registrant or is	3436
an out-of-state juvenile sex offender registrant based on that	3437
adjudication, and if the offender or delinquent child is in any	3438
category specified in division (F)(1)(a), (b), or (c) of this	3439
section, the sheriff with whom the offender or delinquent child	3440
has most recently registered under section 2950.04 or 2950.05 of	3441
the Revised Code and the sheriff to whom the offender or	3442
delinquent child most recently sent a notice of intent to reside	3443
under section 2950.04 of the Revised Code, within the period of	3444
time specified in division (C) of this section, shall provide a	3445
written notice containing the information set forth in division	3446
(B) of this section to all of the following persons:described in	3447
divisions (A)(1) to (9) of this section. If the sheriff has sent a	3448
notice to the persons described in those divisions as a result of	3449
receiving a notice of intent to reside and if the offender or	3450
delinquent child registers a residence address that is the same	3451
residence address described in the notice of intent to reside, the	3452
sheriff is not required to send an additional notice when the	3453
offender or delinquent child registers.	3454

(1) All of the following types of persons:

3455

(a) Except as otherwise provided in divisions (A)(1)(b) and	3456
(c) of this section, all occupants of residences that are located	3457
on premises that are within one thousand feet of the premises on	3458
which the offender's or delinquent child's place of residence is	3459
located and that are located within the county served by the	3460
sheriff and all;	3461

(b) If the offender's or delinquent child's place of	3462
residence is in a multi-resident building, all occupants of	3463
residences in the same building that share a common hallway with	3464
the offender's or delinquent child's place of residence, and	3465
either the manager of the building or any party authorized by the	3466
owner of the building to exercise management, custody, and control	3467
of the building. The manager or other party shall permit the	3468
sheriff to post, and the sheriff shall post, a copy of the notice	3469
prominently in each of the common entryways to the building. This	3470
division does not prohibit the sheriff from notifying occupants of	3471
residences in the multi-resident building referred to in this	3472
division by mail or by personal contact. If the sheriff notifies	3473
occupants of residences in that multi-resident building by mail or	3474
by personal contact, the sheriff is not required to post any copy	3475
of the notice in any common entryway to that building.	3476

(c) If division (A)(1)(b) of this section does not apply, the	3477
manager of each multi-resident building that is located within one	3478
thousand feet of the premises on which the offender's or	3479
delinquent child's place of residence is located and that is	3480
located within the county served by the sheriff or any party	3481
authorized by the owner of the building to exercise management,	3482
custody, and control of the building. The manager or other party	3483
shall permit the sheriff to post, and the sheriff shall post, a	3484
copy of the notice prominently in each of the common entryways to	3485
the building. This division does not prohibit the sheriff from	3486
notifying occupants of residences in one or more of the	3487
multi-resident buildings referred to in this division by mail or	3488
by personal contact. If the sheriff notifies occupants of	3489
residences in a multi-resident building referred to in this	3490
division by mail or by personal contact, the sheriff is not	3491
required to post any copy of the notice in any common entryway to	3492
that building.	3493

(d) All additional neighbors of the offender or delinquent	3494
child who are within any category that the attorney general by	3495
rule adopted under section 2950.13 of the Revised Code requires to	3496
be provided the notice and who reside within the county served by	3497
the sheriff;	3498

(2) The executive director of the public children services	3499
agency that has jurisdiction within the specified geographical	3500
notification area and that is located within the county served by	3501
the sheriff;	3502

(3)(a) The superintendent of each board of education of a	3503
school district that has schools within the specified geographical	3504
notification area and that is located within the county served by	3505
the sheriff;	3506

(b) The principal of the school within the specified	3507
geographical notification area and within the county served by the	3508
sheriff that the delinquent child attends;	3509

(c) If the delinquent child attends a school outside of the	3510
specified geographical notification area or outside of the school	3511
district where the delinquent child resides, the superintendent of	3512
the board of education of a school district that governs the	3513
school that the delinquent child attends and the principal of the	3514
school that the delinquent child attends.	3515

(4)(a) The appointing or hiring officer of each chartered	3516
nonpublic school located within the specified geographical	3517
notification area and within the county served by the sheriff or	3518
of each other school located within the specified geographical	3519
notification area and within the county served by the sheriff and	3520
that is not operated by a board of education described in division	3521
(A)(3) of this section;	3522

(b) Regardless of the location of the school, the appointing	3523
or hiring officer of a chartered nonpublic school that the	3524
delinquent child attends.	3525

(5) The director, head teacher, elementary principal, or site	3526
administrator of each preschool program governed by Chapter 3301.	3527
of the Revised Code that is located within the specified	3528
geographical notification area and within the county served by the	3529
sheriff;	3530

(6) The administrator of each child day-care center or type A	3531
family day-care home that is located within the specified	3532
geographical notification area and within the county served by the	3533
sheriff, and the provider of each certified type B family day-care	3534
home that is located within the specified geographical	3535
notification area and within the county served by the sheriff. As	3536
used in this division, "child day-care center," "type A family	3537
day-care home," and "certified type B family day-care home" have	3538
the same meanings as in section 5104.01 of the Revised Code.	3539

(7) The president or other chief administrative officer of	3540
each institution of higher education, as defined in section	3541
2907.03 of the Revised Code, that is located within the specified	3542
geographical notification area and within the county served by the	3543
sheriff, and the chief law enforcement officer of the state	3544
university law enforcement agency or campus police department	3545
established under section 3345.04 or 1713.50 of the Revised Code,	3546
if any, that serves that institution;	3547

(8) The sheriff of each county that includes any portion of	3548
the specified geographical notification area;	3549

(9) If the offender or delinquent child resides within the	3550
county served by the sheriff, the chief of police, marshal, or	3551
other chief law enforcement officer of the municipal corporation	3552
in which the offender or delinquent child resides or, if the	3553
offender or delinquent child resides in an unincorporated area,	3554
the constable or chief of the police department or police district	3555
police force of the township in which the offender or delinquent	3556
child resides.	3557

(B) The notice required under division (A) of this section	3558
shall include all of the following information regarding the	3559
subject offender or delinquent child:	3560

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

3561

(2) The address or addresses at which the offender or	3562
delinquent child residesof the offender's residence, school,	3563
institution of higher education, or place of employment, as	3564
applicable, or the delinquent child's residence address or	3565
addresses;	3566

(3) The sexually oriented offense of which the offender was	3567
convicted, to which the offender pleaded guilty, or for which the	3568
child was adjudicated a delinquent child;	3569

(4) A statement that the offender or delinquent child has	3570
been adjudicated as being a sexual predator, a statement that the	3571
delinquent child has been adjudicated a sexual predator and that,	3572
as of the date of the notice, the court has not entered a	3573
determination that the offender or delinquent child no longer is a	3574
sexual predator, or a statement that the sentencing or reviewing	3575
judge has determined that the offender or delinquent child is a	3576
habitual sex offender and that, as of the date of the notice, the	3577
determination regarding a delinquent child has not been removed	3578
pursuant to section 2152.84 or 2152.85 of the Revised Code.	3579

(C) If a sheriff with whom an offender or delinquent child	3580
registers under section 2950.04 or 2950.05 of the Revised Code or	3581
to whom the offender or delinquent child most recently sent a	3582
notice of intent to reside under section 2950.04 of the Revised	3583
Code is required by division (A) of this section to provide	3584
notices regarding an offender or delinquent child and if, pursuant	3585
to that requirement, the sheriff provides a notice to a sheriff of	3586
one or more other counties in accordance with division (A)(8) of	3587
this section, the sheriff of each of the other counties who is	3588
provided notice under division (A)(8) of this section shall	3589
provide the notices described in divisions (A)(1) to (7) and	3590
(A)(9) of this section to each person or entity identified within	3591
those divisions that is located within the geographical	3592
notification area and within the county served by the sheriff in	3593
question.	3594

(D)(1) A sheriff required by division (A) or (C) of this	3595
section to provide notices regarding an offender or delinquent	3596
child shall provide the notice to the neighbors that are described	3597
in division (A)(1) of this section and the notices to law	3598
enforcement personnel that are described in divisions (A)(8) and	3599
(9) of this section as soon as practicable, but no later than	3600
seventy-two hoursfive days after the offender sends the notice of	3601
intent to reside to the sheriff and again no later than	3602
seventy-two hoursfive days after the offender or delinquent child	3603
registers with the sheriff or, if the sheriff is required by	3604
division (C) to provide the notices, no later than seventy-two	3605
hoursfive days after the sheriff is provided the notice described	3606
in division (A)(8) of this section.	3607

A sheriff required by division (A) or (C) of this section to	3608
provide notices regarding an offender or delinquent child shall	3609
provide the notices to all other specified persons that are	3610
described in divisions (A)(2) to (7) of this section as soon as	3611
practicable, but not later than seven days after the offender or	3612
delinquent child registers with the sheriff or, if the sheriff is	3613
required by division (C) to provide the notices, no later than	3614
seventy-two hoursfive days after the sheriff is provided the	3615
notice described in division (A)(8) of this section.	3616

(2) If an offender or delinquent child in relation to whom	3617
division (A) of this section applies verifies the offender's or	3618
delinquent child's current residence, school, institution of	3619
higher education, or place of employment address, as applicable,	3620
with a sheriff pursuant to section 2950.06 of the Revised Code,	3621
the sheriff may provide a written notice containing the	3622
information set forth in division (B) of this section to the	3623
persons identified in divisions (A)(1) to (9) of this section. If	3624
a sheriff provides a notice pursuant to this division to the	3625
sheriff of one or more other counties in accordance with division	3626
(A)(8) of this section, the sheriff of each of the other counties	3627
who is provided the notice under division (A)(8) of this section	3628
may provide, but is not required to provide, a written notice	3629
containing the information set forth in division (B) of this	3630
section to the persons identified in divisions (A)(1) to (7) and	3631
(A)(9) of this section.	3632

(E) All information that a sheriff possesses regarding a	3633
sexual predator or a habitual sex offender that is described in	3634
division (B) of this section and that must be provided in a notice	3635
required under division (A) or (C) of this section or that may be	3636
provided in a notice authorized under division (D)(2) of this	3637
section is a public record that is open to inspection under	3638
section 149.43 of the Revised Code.	3639

If the sexual predator or habitual sex offender is a juvenile	3640
sex offender registrant, the sheriff shall not cause any of the	3641
information described in this division to be publicly disseminated	3642
by means of the internet, except when the act that is the basis of	3643
a child's classification as a juvenile sex offender registrant is	3644
a violation of, or an attempt to commit a violation of, section	3645
2903.01, 2903.02, or 2905.01 of the Revised Code that was	3646
committed with a purpose to gratify the sexual needs or desires of	3647
the child, a violation of section 2907.02 of the Revised Code, or	3648
an attempt to commit a violation of that section.	3649

(F)(1) The duties to provide the notices described in	3650
divisions (A) and (C) of this section apply regarding any offender	3651
or delinquent child who is in any of the following categories, if	3652
the other criteria set forth in division (A) or (C) of this	3653
section, whichever is applicable, are satisfied:	3654

(a) The offender or delinquent child has been adjudicated a	3655
sexual predator relative to the sexually oriented offense for	3656
which the offender or delinquent child has the duty to register	3657
under section 2950.04 of the Revised Code, and, regarding a	3658
delinquent child, the court has not subsequently determined	3659
pursuant to division (D) of section 2950.09, section 2152.84, or	3660
section 2152.85 of the Revised Code that the offender or	3661
delinquent child no longer is a sexual predator.	3662

(b) The offender or delinquent child has been determined	3663
pursuant to division (C)(2) or (E) of section 2950.09, division	3664
(B) of section 2152.83, section 2152.84, or section 2152.85 of the	3665
Revised Code to be a habitual sex offender, the court has imposed	3666
a requirement under that division or section subjecting the	3667
habitual sex offender to this section, and, regarding a delinquent	3668
child, the determination has not been removed pursuant to section	3669
2152.84 or 2152.85 of the Revised Code.	3670

(c) The sexually oriented offense for which the offender has	3671
the duty to register under section 2950.04 of the Revised Code is	3672
an aggravated sexually oriented offense committed on or after the	3673
effective date of this amendment, regardless of whether the	3674
offender has been adjudicated a sexual predator relative to the	3675
offense or has been determined to be a habitual sex offender and,	3676
if the offender has been so adjudicated or determined, regardless	3677
of whether the court has subsequently determined that the offender	3678
no longer is a sexual predator or whether the habitual sex	3679
offender determination has not been removed as described in	3680
division (F)(1)(a) or (b) of this section.	3681

(2) The notification provisions of this section do not apply	3682
regarding a person who is convicted of or pleads guilty to, has	3683
been convicted of or pleaded guilty to, or is adjudicated a	3684
delinquent child for committing, a sexually oriented offense, who	3685
is not in the category specified in either division (F)(1)(a) or	3686
(c) of this section, and who is determined pursuant to division	3687
(C)(2) or (E) of section 2950.09, division (B) of section 2152.83,	3688
section 2152.84, or section 2152.85 of the Revised Code to be a	3689
habitual sex offender unless the sentencing or reviewing court	3690
imposes a requirement in the offender's sentence and in the	3691
judgment of conviction that contains the sentence or in the	3692
delinquent child's adjudication, or imposes a requirement as	3693
described in division (C)(2) of section 2950.09 of the Revised	3694
Code, that subjects the offender or the delinquent child to the	3695
provisions of this section.	3696

(G) The department of job and family services shall compile,	3697
maintain, and update in January and July of each year, a list of	3698
all agencies, centers, or homes of a type described in division	3699
(A)(2) or (6) of this section that contains the name of each	3700
agency, center, or home of that type, the county in which it is	3701
located, its address and telephone number, and the name of an	3702
administrative officer or employee of the agency, center, or home.	3703
The department of education shall compile, maintain, and update in	3704
January and July of each year, a list of all boards of education,	3705
schools, or programs of a type described in division (A)(3), (4),	3706
or (5) of this section that contains the name of each board of	3707
education, school, or program of that type, the county in which it	3708
is located, its address and telephone number, the name of the	3709
superintendent of the board or of an administrative officer or	3710
employee of the school or program, and, in relation to a board of	3711
education, the county or counties in which each of its schools is	3712
located and the address of each such school. The Ohio board of	3713
regents shall compile, maintain, and update in January and July of	3714
each year, a list of all institutions of a type described in	3715
division (A)(7) of this section that contains the name of each	3716
such institution, the county in which it is located, its address	3717
and telephone number, and the name of its president or other chief	3718
administrative officer. A sheriff required by division (A) or (C)	3719
of this section, or authorized by division (D)(2) of this section,	3720
to provide notices regarding an offender or delinquent child, or a	3721
designee of a sheriff of that type, may request the department of	3722
job and family services, department of education, or Ohio board of	3723
regents, by telephone, in person, or by mail, to provide the	3724
sheriff or designee with the names, addresses, and telephone	3725
numbers of the appropriate persons and entities to whom the	3726
notices described in divisions (A)(2) to (7) of this section are	3727
to be provided. Upon receipt of a request, the department or board	3728
shall provide the requesting sheriff or designee with the names,	3729
addresses, and telephone numbers of the appropriate persons and	3730
entities to whom those notices are to be provided.	3731

Sec. 2950.111.  (A) If an offender or delinquent child	3732
registers a residence address, provides notice of a change of any	3733
residence address, or verifies a current residence address	3734
pursuant to section 2950.04, 2950.05, or 2950.06 of the Revised	3735
Code, all of the following apply:	3736

(1) At any time after the registration, provision of the	3737
notice, or verification, the sheriff with whom the offender or	3738
delinquent child so registered or to whom the offender or	3739
delinquent child so provided the notice or verified the current	3740
address, or a designee of that sheriff, may contact a person who	3741
owns, leases, or otherwise has custody, control, or supervision of	3742
the premises at the address provided by the offender or delinquent	3743
child in the registration, the notice, or the verification and	3744
request that the person confirm or deny that the offender or	3745
delinquent child currently resides at that address.	3746

(2) Upon receipt of a request under division (A)(1) of this	3747
section, notwithstanding any other provision of law, the person	3748
who owns, leases, or otherwise has custody, control, or	3749
supervision of the premises, or an agent of that person, shall	3750
comply with the request and inform the sheriff or designee who	3751
made the request whether or not the offender or delinquent child	3752
currently resides at that address.	3753

(3) Section 2950.12 of the Revised Code applies to a person	3754
who, in accordance with division (A)(2) of this section, provides	3755
information of the type described in that division.	3756

(B) Division (A) of this section applies regarding any public	3757
or private residential premises, including, but not limited to, a	3758
private residence, a multi-unit residential facility, a halfway	3759
house, a homeless shelter, or any other type of residential	3760
premises. Division (A) of this section does not apply regarding an	3761
offender's registration, provision of notice of a change in, or	3762
verification of a school, institution of higher education, or	3763
place of employment address pursuant to section 2950.04, 2950.05,	3764
or 2950.06 of the Revised Code.	3765

(C) A sheriff or designee of a sheriff may attempt to confirm	3766
that an offender or delinquent child who registers a residence	3767
address, provides notice of a change of any residence address, or	3768
verifies a current residence address as described in division (A)	3769
of this section currently resides at the address in question in	3770
manners other than the manner provided in this section. A sheriff	3771
or designee of a sheriff is not limited in the number of requests	3772
that may be made under this section regarding any registration,	3773
provision of notice, or verification, or in the number of times	3774
that the sheriff or designee may attempt to confirm, in manners	3775
other than the manner provided in this section, that an offender	3776
or delinquent child currently resides at the address in question.	3777

Sec. 2950.12.  (A) Except as provided in division (B) of this	3778
section, any of the following persons shall be immune from	3779
liability in a civil action to recover damages for injury, death,	3780
or loss to person or property allegedly caused by an act or	3781
omission in connection with a power, duty, responsibility, or	3782
authorization under this chapter or under rules adopted under	3783
authority of this chapter:	3784

(1) An officer or employee of the bureau of criminal	3785
identification and investigation;	3786

(2) The attorney general, a chief of police, marshal, or	3787
other chief law enforcement officer of a municipal corporation, a	3788
sheriff, a constable or chief of police of a township police	3789
department or police district police force, and a deputy, officer,	3790
or employee of the office of the attorney general, the law	3791
enforcement agency served by the marshal or the municipal or	3792
township chief, the office of the sheriff, or the constable;	3793

(3) A prosecutor and an officer or employee of the office of	3794
a prosecutor;	3795

(4) A supervising officer and an officer or employee of the	3796
adult parole authority of the department of rehabilitation and	3797
correction;	3798

(5) A supervising officer and an officer or employee of the	3799
department of youth services;	3800

(6) A supervisor and a caseworker or employee of a public	3801
children services agency acting pursuant to section 5153.16 of the	3802
Revised Code;	3803

(7) A managing officer of a state correctional institution	3804
and an officer or employee of the department of rehabilitation and	3805
correction;	3806

(8) A person identified in division (A)(2), (3), (4), (5),	3807
(6), or (7) of section 2950.11 of the Revised Code or the agent of	3808
that person;	3809

(9) A person identified in division (A)(2) of section	3810
2950.111 of the Revised Code, regarding the person's provision of	3811
information pursuant to that division to a sheriff or a designee	3812
of a sheriff.	3813

(B) The immunity described in division (A) of this section	3814
does not apply to a person described in divisions (A)(1) to (8) of	3815
this section if, in relation to the act or omission in question,	3816
any of the following applies:	3817

(1) The act or omission was manifestly outside the scope of	3818
the person's employment or official responsibilities.	3819

(2) The act or omission was with malicious purpose, in bad	3820
faith, or in a wanton or reckless manner.	3821

(3) Liability for the act or omission is expressly imposed by	3822
a section of the Revised Code.	3823

Sec. 2950.13.  (A) The attorney general shall do all of the	3824
following:	3825

(1) No later than July 1, 1997, establish and maintain a	3826
state registry of sex offenders that is housed at the bureau of	3827
criminal identification and investigation and that contains all of	3828
the registration, change of residence, school, institution of	3829
higher education, or place of employment address, and verification	3830
information the bureau receives pursuant to sections 2950.04,	3831
2950.05, and 2950.06 of the Revised Code regarding a person who is	3832
convicted of or pleads guilty to, or has been convicted of or	3833
pleaded guilty to, a sexually oriented offense or a person who is	3834
adjudicated a delinquent child for committing a sexually oriented	3835
offense and is classified a juvenile sex offender registrant or is	3836
an out-of-state juvenile sex offender registrant based on that	3837
adjudication, and all of the information the bureau receives	3838
pursuant to section 2950.14 of the Revised Code;	3839

(2) In consultation with local law enforcement	3840
representatives and no later than July 1, 1997, adopt rules that	3841
contain guidelines necessary for the implementation of this	3842
chapter;	3843

(3) In consultation with local law enforcement	3844
representatives and no later than July 1, 1997, adopt rules for	3845
the implementation and administration of the provisions contained	3846
in section 2950.11 of the Revised Code that pertain to the	3847
notification of neighbors of an offender or a delinquent child who	3848
has committed a sexually oriented offense and has been adjudicated	3849
as being a sexual predator or determined to be a habitual sex	3850
offender or who has committed on or after the effective date of	3851
this amendment an aggravated sexually oriented offense, and rules	3852
that prescribe a manner in which victims of a sexually oriented	3853
offense committed by an offender or a delinquent child who has	3854
been adjudicated as being a sexual predator or determined to be a	3855
habitual sex offender or who has committed on or after the	3856
effective date of this amendmentJune 13, 2002, an aggravated	3857
sexually oriented offense may make a request that specifies that	3858
the victim would like to be provided the notices described in	3859
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	3860

(4) In consultation with local law enforcement	3861
representatives and through the bureau of criminal identification	3862
and investigation, prescribe the forms to be used by judges and	3863
officials pursuant to section 2950.03 of the Revised Code to	3864
advise offenders and delinquent children of their duties of filing	3865
a notice of intent to reside, registration, notification of a	3866
change of residence, school, institution of higher education, or	3867
place of employment address and registration of the new residence,	3868
school, institution of higher education, or place of employment	3869
address, as applicable, and residence address verification under	3870
sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and	3871
prescribe the forms to be used by sheriffs relative to those	3872
duties of filing a notice of intent to reside, registration,	3873
change of residence, school, institution of higher education, or	3874
place of employment address notification, and residence address	3875
verification;	3876

(5) Make copies of the forms prescribed under division (A)(4)	3877
of this section available to judges, officials, and sheriffs;	3878

(6) Through the bureau of criminal identification and	3879
investigation, provide the notifications, the information, and the	3880
documents that the bureau is required to provide to appropriate	3881
law enforcement officials and to the federal bureau of	3882
investigation pursuant to sections 2950.04, 2950.05, and 2950.06	3883
of the Revised Code;	3884

(7) Through the bureau of criminal identification and	3885
investigation, maintain the verification forms returned under the	3886
residence address verification mechanism set forth in section	3887
2950.06 of the Revised Code;	3888

(8) In consultation with representatives of the officials,	3889
judges, and sheriffs, adopt procedures for officials, judges, and	3890
sheriffs to use to forward information, photographs, and	3891
fingerprints to the bureau of criminal identification and	3892
investigation pursuant to the requirements of sections 2950.03,	3893
2950.04, 2950.05, and 2950.06 of the Revised Code;	3894

(9) In consultation with the director of education, the	3895
director of job and family services, and the director of	3896
rehabilitation and correction and no later than July 1, 1997,	3897
adopt rules that contain guidelines to be followed by boards of	3898
education of a school district, chartered nonpublic schools or	3899
other schools not operated by a board of education, preschool	3900
programs, child day-care centers, type A family day-care homes,	3901
certified type B family day-care homes, and institutions of higher	3902
education regarding the proper use and administration of	3903
information received pursuant to section 2950.11 of the Revised	3904
Code relative to an offender or delinquent child who has been	3905
adjudicated as being a sexual predator or determined to be a	3906
habitual sex offender;	3907

(10) In consultation with local law enforcement	3908
representatives and no later than July 1, 1997, adopt rules that	3909
designate a geographic area or areas within which the notice	3910
described in division (B) of section 2950.11 of the Revised Code	3911
must be given to the persons identified in divisions (A)(2) to (8)	3912
of that section;	3913

(11) Through the bureau of criminal identification and	3914
investigation, establish and operate on the internet a sex	3915
offender database that contains information for every offender who	3916
has committed a sexually oriented offense and who registers in any	3917
county in this state pursuant to section 2950.04 of the Revised	3918
Code. The bureau shall determine the information to be provided on	3919
the database for each offender and shall obtain that information	3920
from the information contained in the state registry of sex	3921
offenders described in division (A)(1) of this section. The	3922
information provided for each offender shall include at least the	3923
information set forth in division (B) of section 2950.11 of the	3924
Revised Code. The database is a public record open for inspection	3925
under section 149.43 of the Revised Code, and it shall be	3926
searchable by offender name, by county, by zip code, and by school	3927
district. The database shall provide a link to the web site of	3928
each county, or of each sheriff or other official of a county,	3929
that has established and operates on the internet a sex offender	3930
database that contains information for offenders who register in	3931
that county pursuant to section 2950.04 of the Revised Code, with	3932
the link being a direct link to the sex offender database for the	3933
county, sheriff, or other official.	3934

(12) Upon the request of any county, or of any sheriff or	3935
other official of a county, provide technical assistance to the	3936
requesting county, sheriff, or other official in establishing and	3937
operating on the internet a sex offender database for the public	3938
dissemination of some or all of the materials described in	3939
division (A) of section 2950.081 of the Revised Code that are	3940
public records under that division and that pertain to offenders	3941
who register in that county pursuant to section 2950.04 of the	3942
Revised Code.	3943

(B) The attorney general, in consultation with local law	3944
enforcement representatives, may adopt rules that establish one or	3945
more categories of neighbors of an offender or delinquent child	3946
who, in addition to the occupants of residences adjacent to an	3947
offender's or delinquent child's place of residence, must be given	3948
the notice described in division (B) of section 2950.11 of the	3949
Revised Code.	3950

(C) As used in this section, "local law enforcement	3951
representatives" means representatives of the sheriffs of this	3952
state, representatives of the municipal chiefs of police and	3953
marshals of this state, and representatives of the township	3954
constables and chiefs of police of the township police departments	3955
or police district police forces of this state.	3956

Sec. 2950.99.  (A) Whoever(1)(a) Except as otherwise	3957
provided in division (A)(1)(b) of this section, whoever violates a	3958
prohibition in section 2950.04, 2950.05, or 2950.06 of the Revised	3959
Code is guilty of a felony of the fifth degree ifshall be	3960
punished as follows:	3961

(i) If the most serious sexually oriented offense that was	3962
the basis of the registration, notice of intent to reside, change	3963
of address notification, or address verification requirement that	3964
was violated under the prohibition is aggravated murder, murder,	3965
or a felony of the first, second, or third degree if committed by	3966
an adult, the offender is guilty of a felony of the third degree.	3967

(ii) If the most serious sexually oriented offense that was	3968
the basis of the registration, notice of intent to reside, change	3969
of address notification, or address verification requirement that	3970
was violated under the prohibition is a felony of the fourth or	3971
fifth degree if committed by an adult, and a misdemeanor of the	3972
first degree, or if the most serious sexually oriented offense	3973
that was the basis of the registration, notice of intent to	3974
reside, change of address notification, or address verification	3975
requirement that was violated under the prohibition is a	3976
misdemeanor if committed by an adult. In, the offender is guilty	3977
of a felony of the same degree or a misdemeanor of the same degree	3978
as the most serious sexually oriented offense that was the basis	3979
of the registration, notice of intent to reside, change of	3980
address, or address verification requirement that was violated	3981
under the prohibition.	3982

(b) If the offender previously has been convicted of or	3983
pleaded guilty to, or previously has been adjudicated a delinquent	3984
child for committing, a violation of a prohibition in section	3985
2950.04, 2950.05, or 2950.06 of the Revised Code, whoever violates	3986
a prohibition in section 2950.04, 2950.05, or 2950.06 of the	3987
Revised Code shall be punished as follows:	3988

(i) If the most serious sexually oriented offense that was	3989
the basis of the registration, notice of intent to reside, change	3990
of address notification, or address verification requirement that	3991
was violated under the prohibition is aggravated murder, murder,	3992
or a felony of the first, second, third, or fourth degree if	3993
committed by an adult, the offender is guilty of a felony of the	3994
third degree.	3995

(ii) If the most serious sexually oriented offense that was	3996
the basis of the registration, notice of intent to reside, change	3997
of address notification, or address verification requirement that	3998
was violated under the prohibition is a felony of the fifth degree	3999
if committed by an adult, the offender is guilty of a felony of	4000
the fourth degree.	4001

(iii) If the most serious sexually oriented offense that was	4002
the basis of the registration, notice of intent to reside, change	4003
of address notification, or address verification requirement that	4004
was violated under the prohibition is a misdemeanor of the first	4005
degree if committed by an adult, the offender is guilty of a	4006
felony of the fifth degree.	4007

(iv) If the most serious sexually oriented offense that was	4008
the basis of the registration, notice of intent to reside, change	4009
of address notification, or address verification requirement that	4010
was violated under the prohibition is a misdemeanor other than a	4011
misdemeanor of the first degree if committed by an adult, the	4012
offender is guilty of a misdemeanor that is one degree higher than	4013
the most serious sexually oriented offense that was the basis of	4014
the registration, change of address, or address verification	4015
requirement that was violated under the prohibition.	4016

(2) In addition to any penalty or sanction imposed under	4017
division (A)(1) of this section or any other provision of law for	4018
thea violation of a prohibition in section 2950.04, 2950.05, or	4019
2950.06 of the Revised Code, if the offender or delinquent child	4020
is on probation or parole, is subject to one or more post-release	4021
control sanctions, or is subject to any other type of supervised	4022
release at the time of the violation, the violation shall	4023
constitute a violation of the terms and conditions of the	4024
probation, parole, post-release control sanction, or other type of	4025
supervised release.	4026

(B) If a person violates a prohibition in section 2950.04,	4027
2950.05, or 2950.06 of the Revised Code that applies to the person	4028
as a result of the person being adjudicated a delinquent child and	4029
being classified a juvenile sex offender registrant or isas an	4030
out-of-state juvenile sex offender registrant, both of the	4031
following apply:	4032

(1) If the violation occurs while the person is under	4033
eighteen years of age, the person is subject to proceedings under	4034
Chapter 2152. of the Revised Code based on the violation.	4035

(2) If the violation occurs while the person is eighteen	4036
years of age or older, the person is subject to criminal	4037
prosecution based on the violation.	4038

Section 2. That existing sections 2152.82, 2152.83, 2152.84,	4039
2152.85, 2929.13, 2929.19, 2929.21, 2950.01, 2950.02, 2950.03,	4040
2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09,	4041
2950.10, 2950.11, 2950.12, 2950.13, and 2950.99 of the Revised	4042
Code are hereby repealed.	4043

Section 3. That the versions of sections 2929.13 and 2929.19	4044
of the Revised Code that are scheduled to take effect January 1,	4045
2004, be amended to read as follows:	4046

Sec. 2929.13.  (A) Except as provided in division (E), (F),	4047
or (G) of this section and unless a specific sanction is required	4048
to be imposed or is precluded from being imposed pursuant to law,	4049
a court that imposes a sentence upon an offender for a felony may	4050
impose any sanction or combination of sanctions on the offender	4051
that are provided in sections 2929.14 to 2929.18 of the Revised	4052
Code. The sentence shall not impose an unnecessary burden on state	4053
or local government resources.	4054

If the offender is eligible to be sentenced to community	4055
control sanctions, the court shall consider the appropriateness of	4056
imposing a financial sanction pursuant to section 2929.18 of the	4057
Revised Code or a sanction of community service pursuant to	4058
section 2929.17 of the Revised Code as the sole sanction for the	4059
offense. Except as otherwise provided in this division, if the	4060
court is required to impose a mandatory prison term for the	4061
offense for which sentence is being imposed, the court also may	4062
impose a financial sanction pursuant to section 2929.18 of the	4063
Revised Code but may not impose any additional sanction or	4064
combination of sanctions under section 2929.16 or 2929.17 of the	4065
Revised Code.	4066

If the offender is being sentenced for a fourth degree felony	4067
OVI offense or for a third degree felony OVI offense, in addition	4068
to the mandatory term of local incarceration or the mandatory	4069
prison term required for the offense by division (G)(1) or (2) of	4070
this section, the court shall impose upon the offender a mandatory	4071
fine in accordance with division (B)(3) of section 2929.18 of the	4072
Revised Code and may impose whichever of the following is	4073
applicable:	4074

(1) For a fourth degree felony OVI offense for which sentence	4075
is imposed under division (G)(1) of this section, an additional	4076
community control sanction or combination of community control	4077
sanctions under section 2929.16 or 2929.17 of the Revised Code;	4078

(2) For a third or fourth degree felony OVI offense for which	4079
sentence is imposed under division (G)(2) of this section, an	4080
additional prison term as described in division (D)(4) of section	4081
2929.14 of the Revised Code.	4082

(B)(1) Except as provided in division (B)(2), (E), (F), or	4083
(G) of this section, in sentencing an offender for a felony of the	4084
fourth or fifth degree, the sentencing court shall determine	4085
whether any of the following apply:	4086

(a) In committing the offense, the offender caused physical	4087
harm to a person.	4088

(b) In committing the offense, the offender attempted to	4089
cause or made an actual threat of physical harm to a person with a	4090
deadly weapon.	4091

(c) In committing the offense, the offender attempted to	4092
cause or made an actual threat of physical harm to a person, and	4093
the offender previously was convicted of an offense that caused	4094
physical harm to a person.	4095

(d) The offender held a public office or position of trust	4096
and the offense related to that office or position; the offender's	4097
position obliged the offender to prevent the offense or to bring	4098
those committing it to justice; or the offender's professional	4099
reputation or position facilitated the offense or was likely to	4100
influence the future conduct of others.	4101

(e) The offender committed the offense for hire or as part of	4102
an organized criminal activity.	4103

(f) The offense is a sex offense that is a fourth or fifth	4104
degree felony violation of section 2907.03, 2907.04, 2907.05,	4105
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	4106
Revised Code.	4107

(g) The offender at the time of the offense was serving, or	4108
the offender previously had served, a prison term.	4109

(h) The offender committed the offense while under a	4110
community control sanction, while on probation, or while released	4111
from custody on a bond or personal recognizance.	4112

(i) The offender committed the offense while in possession of	4113
a firearm.	4114

(2)(a) If the court makes a finding described in division	4115
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	4116
section and if the court, after considering the factors set forth	4117
in section 2929.12 of the Revised Code, finds that a prison term	4118
is consistent with the purposes and principles of sentencing set	4119
forth in section 2929.11 of the Revised Code and finds that the	4120
offender is not amenable to an available community control	4121
sanction, the court shall impose a prison term upon the offender.	4122

(b) Except as provided in division (E), (F), or (G) of this	4123
section, if the court does not make a finding described in	4124
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	4125
this section and if the court, after considering the factors set	4126
forth in section 2929.12 of the Revised Code, finds that a	4127
community control sanction or combination of community control	4128
sanctions is consistent with the purposes and principles of	4129
sentencing set forth in section 2929.11 of the Revised Code, the	4130
court shall impose a community control sanction or combination of	4131
community control sanctions upon the offender.	4132

(C) Except as provided in division (E), (F), or (G) of this	4133
section, in determining whether to impose a prison term as a	4134
sanction for a felony of the third degree or a felony drug offense	4135
that is a violation of a provision of Chapter 2925. of the Revised	4136
Code and that is specified as being subject to this division for	4137
purposes of sentencing, the sentencing court shall comply with the	4138
purposes and principles of sentencing under section 2929.11 of the	4139
Revised Code and with section 2929.12 of the Revised Code.	4140

(D) Except as provided in division (E) or (F) of this	4141
section, for a felony of the first or second degree and for a	4142
felony drug offense that is a violation of any provision of	4143
Chapter 2925., 3719., or 4729. of the Revised Code for which a	4144
presumption in favor of a prison term is specified as being	4145
applicable, it is presumed that a prison term is necessary in	4146
order to comply with the purposes and principles of sentencing	4147
under section 2929.11 of the Revised Code. Notwithstanding the	4148
presumption established under this division, the sentencing court	4149
may impose a community control sanction or a combination of	4150
community control sanctions instead of a prison term on an	4151
offender for a felony of the first or second degree or for a	4152
felony drug offense that is a violation of any provision of	4153
Chapter 2925., 3719., or 4729. of the Revised Code for which a	4154
presumption in favor of a prison term is specified as being	4155
applicable if it makes both of the following findings:	4156

(1) A community control sanction or a combination of	4157
community control sanctions would adequately punish the offender	4158
and protect the public from future crime, because the applicable	4159
factors under section 2929.12 of the Revised Code indicating a	4160
lesser likelihood of recidivism outweigh the applicable factors	4161
under that section indicating a greater likelihood of recidivism.	4162

(2) A community control sanction or a combination of	4163
community control sanctions would not demean the seriousness of	4164
the offense, because one or more factors under section 2929.12 of	4165
the Revised Code that indicate that the offender's conduct was	4166
less serious than conduct normally constituting the offense are	4167
applicable, and they outweigh the applicable factors under that	4168
section that indicate that the offender's conduct was more serious	4169
than conduct normally constituting the offense.	4170

(E)(1) Except as provided in division (F) of this section,	4171
for any drug offense that is a violation of any provision of	4172
Chapter 2925. of the Revised Code and that is a felony of the	4173
third, fourth, or fifth degree, the applicability of a presumption	4174
under division (D) of this section in favor of a prison term or of	4175
division (B) or (C) of this section in determining whether to	4176
impose a prison term for the offense shall be determined as	4177
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	4178
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	4179
Revised Code, whichever is applicable regarding the violation.	4180

(2) If an offender who was convicted of or pleaded guilty to	4181
a felony violates the conditions of a community control sanction	4182
imposed for the offense solely by reason of producing positive	4183
results on a drug test, the court, as punishment for the violation	4184
of the sanction, shall not order that the offender be imprisoned	4185
unless the court determines on the record either of the following:	4186

(a) The offender had been ordered as a sanction for the	4187
felony to participate in a drug treatment program, in a drug	4188
education program, or in narcotics anonymous or a similar program,	4189
and the offender continued to use illegal drugs after a reasonable	4190
period of participation in the program.	4191

(b) The imprisonment of the offender for the violation is	4192
consistent with the purposes and principles of sentencing set	4193
forth in section 2929.11 of the Revised Code.	4194

(F) Notwithstanding divisions (A) to (E) of this section, the	4195
court shall impose a prison term or terms under sections 2929.02	4196
to 2929.06, section 2929.14, or section 2971.03 of the Revised	4197
Code and except as specifically provided in section 2929.20 or	4198
2967.191 of the Revised Code or when parole is authorized for the	4199
offense under section 2967.13 of the Revised Code shall not reduce	4200
the terms pursuant to section 2929.20, section 2967.193, or any	4201
other provision of Chapter 2967. or Chapter 5120. of the Revised	4202
Code for any of the following offenses:	4203

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

4204

(2) Any rape, regardless of whether force was involved and	4205
regardless of the age of the victim, or an attempt to commit rape	4206
if, had the offender completed the rape that was attempted, the	4207
offender would have been subject to a sentence of life	4208
imprisonment or life imprisonment without parole for the rape;	4209

(3) Gross sexual imposition or sexual battery, if the victim	4210
is under thirteen years of age, if the offender previously was	4211
convicted of or pleaded guilty to rape, the former offense of	4212
felonious sexual penetration, gross sexual imposition, or sexual	4213
battery, and if the victim of the previous offense was under	4214
thirteen years of age;	4215

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	4216
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	4217
requires the imposition of a prison term;	4218

(5) A first, second, or third degree felony drug offense for	4219
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	4220
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	4221
4729.99 of the Revised Code, whichever is applicable regarding the	4222
violation, requires the imposition of a mandatory prison term;	4223

(6) Any offense that is a first or second degree felony and	4224
that is not set forth in division (F)(1), (2), (3), or (4) of this	4225
section, if the offender previously was convicted of or pleaded	4226
guilty to aggravated murder, murder, any first or second degree	4227
felony, or an offense under an existing or former law of this	4228
state, another state, or the United States that is or was	4229
substantially equivalent to one of those offenses;	4230

(7) Any offense that is a third degree felony and that is	4231
listed in division (DD)(1) of section 2929.01 of the Revised Code	4232
if the offender previously was convicted of or pleaded guilty to	4233
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	4234
section 2929.01 of the Revised Code;	4235

(8) Any offense, other than a violation of section 2923.12 of	4236
the Revised Code, that is a felony, if the offender had a firearm	4237
on or about the offender's person or under the offender's control	4238
while committing the felony, with respect to a portion of the	4239
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	4240
of the Revised Code for having the firearm;	4241

(9) Any offense of violence that is a felony, if the offender	4242
wore or carried body armor while committing the felony offense of	4243
violence, with respect to the portion of the sentence imposed	4244
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	4245
Code for wearing or carrying the body armor;	4246

(10) Corrupt activity in violation of section 2923.32 of the	4247
Revised Code when the most serious offense in the pattern of	4248
corrupt activity that is the basis of the offense is a felony of	4249
the first degree;	4250

(11) Any sexually violent offense for which the offender also	4251
is convicted of or pleads guilty to a sexually violent predator	4252
specification that was included in the indictment, count in the	4253
indictment, or information charging the sexually violent offense;	4254

(12) A violation of division (A)(1) or (2) of section 2921.36	4255
of the Revised Code, or a violation of division (C) of that	4256
section involving an item listed in division (A)(1) or (2) of that	4257
section, if the offender is an officer or employee of the	4258
department of rehabilitation and correction.	4259

(G) Notwithstanding divisions (A) to (E) of this section, if	4260
an offender is being sentenced for a fourth degree felony OVI	4261
offense or for a third degree felony OVI offense, the court shall	4262
impose upon the offender a mandatory term of local incarceration	4263
or a mandatory prison term in accordance with the following:	4264

(1) If the offender is being sentenced for a fourth degree	4265
felony OVI offense, the court may impose upon the offender a	4266
mandatory term of local incarceration of sixty days or one hundred	4267
twenty days as specified in division (G)(1)(d) of section 4511.19	4268
of the Revised Code. The court shall not reduce the term pursuant	4269
to section 2929.20, 2967.193, or any other provision of the	4270
Revised Code. The court that imposes a mandatory term of local	4271
incarceration under this division shall specify whether the term	4272
is to be served in a jail, a community-based correctional	4273
facility, a halfway house, or an alternative residential facility,	4274
and the offender shall serve the term in the type of facility	4275
specified by the court. A mandatory term of local incarceration	4276
imposed under division (G)(1) of this section is not subject to	4277
extension under section 2967.11 of the Revised Code, to a period	4278
of post-release control under section 2967.28 of the Revised Code,	4279
or to any other Revised Code provision that pertains to a prison	4280
term.	4281

(2) If the offender is being sentenced for a third degree	4282
felony OVI offense, or if the offender is being sentenced for a	4283
fourth degree felony OVI offense and the court does not impose a	4284
mandatory term of local incarceration under division (G)(1) of	4285
this section, the court shall impose upon the offender a mandatory	4286
prison term of sixty days or one hundred twenty days as specified	4287
in division (G)(1)(e) of section 4511.19 of the Revised Code. The	4288
court shall not reduce the term pursuant to section 2929.20,	4289
2967.193, or any other provision of the Revised Code. In no case	4290
shall an offender who once has been sentenced to a mandatory term	4291
of local incarceration pursuant to division (G)(1) of this section	4292
for a fourth degree felony OVI offense be sentenced to another	4293
mandatory term of local incarceration under that division for any	4294
violation of division (A) of section 4511.19 of the Revised Code.	4295
The court shall not sentence the offender to a community control	4296
sanction under section 2929.16 or 2929.17 of the Revised Code. The	4297
department of rehabilitation and correction may place an offender	4298
sentenced to a mandatory prison term under this division in an	4299
intensive program prison established pursuant to section 5120.033	4300
of the Revised Code if the department gave the sentencing judge	4301
prior notice of its intent to place the offender in an intensive	4302
program prison established under that section and if the judge did	4303
not notify the department that the judge disapproved the	4304
placement. Upon the establishment of the initial intensive program	4305
prison pursuant to section 5120.033 of the Revised Code that is	4306
privately operated and managed by a contractor pursuant to a	4307
contract entered into under section 9.06 of the Revised Code, both	4308
of the following apply:	4309

(a) The department of rehabilitation and correction shall	4310
make a reasonable effort to ensure that a sufficient number of	4311
offenders sentenced to a mandatory prison term under this division	4312
are placed in the privately operated and managed prison so that	4313
the privately operated and managed prison has full occupancy.	4314

(b) Unless the privately operated and managed prison has full	4315
occupancy, the department of rehabilitation and correction shall	4316
not place any offender sentenced to a mandatory prison term under	4317
this division in any intensive program prison established pursuant	4318
to section 5120.033 of the Revised Code other than the privately	4319
operated and managed prison.	4320

(H) If an offender is being sentenced for a sexually oriented	4321
offense committed on or after January 1, 1997, the judge shall	4322
require the offender to submit to a DNA specimen collection	4323
procedure pursuant to section 2901.07 of the Revised Code if	4324
either of the following applies:	4325

(1) The offense was a sexually violent offense, and the	4326
offender also was convicted of or pleaded guilty to a sexually	4327
violent predator specification that was included in the	4328
indictment, count in the indictment, or information charging the	4329
sexually violent offense.	4330

(2) The judge imposing sentence for the sexually oriented	4331
offense determines pursuant to division (B) of section 2950.09 of	4332
the Revised Code that the offender is a sexual predator.	4333

(I) If an offender is being sentenced for a sexually oriented	4334
offense committed on or after January 1, 1997, the judge shall	4335
include in the sentence a summary of the offender's duty to	4336
register pursuant to sectionduties imposed under sections 2950.04	4337
of the Revised Code, the offender's duty to provide notice of a	4338
change in residence address and register the new residence address	4339
pursuant to section, 2950.05 of the Revised Code, the offender's	4340
duty to periodically verify the offender's current residence	4341
address pursuant to section, and 2950.06 of the Revised Code, and	4342
the duration of the duties. The judge shall inform the offender,	4343
at the time of sentencing, of those duties and of their duration	4344
and, if required under division (A)(2) of section 2950.03 of the	4345
Revised Code, shall perform the duties specified in that section.	4346

(J)(1) Except as provided in division (J)(2) of this section,	4347
when considering sentencing factors under this section in relation	4348
to an offender who is convicted of or pleads guilty to an attempt	4349
to commit an offense in violation of section 2923.02 of the	4350
Revised Code, the sentencing court shall consider the factors	4351
applicable to the felony category of the violation of section	4352
2923.02 of the Revised Code instead of the factors applicable to	4353
the felony category of the offense attempted.	4354

(2) When considering sentencing factors under this section in	4355
relation to an offender who is convicted of or pleads guilty to an	4356
attempt to commit a drug abuse offense for which the penalty is	4357
determined by the amount or number of unit doses of the controlled	4358
substance involved in the drug abuse offense, the sentencing court	4359
shall consider the factors applicable to the felony category that	4360
the drug abuse offense attempted would be if that drug abuse	4361
offense had been committed and had involved an amount or number of	4362
unit doses of the controlled substance that is within the next	4363
lower range of controlled substance amounts than was involved in	4364
the attempt.	4365

(K) As used in this section, "drug abuse offense" has the	4366
same meaning as in section 2925.01 of the Revised Code.	4367

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	4368
hearing before imposing a sentence under this chapter upon an	4369
offender who was convicted of or pleaded guilty to a felony and	4370
before resentencing an offender who was convicted of or pleaded	4371
guilty to a felony and whose case was remanded pursuant to section	4372
2953.07 or 2953.08 of the Revised Code. At the hearing, the	4373
offender, the prosecuting attorney, the victim or the victim's	4374
representative in accordance with section 2930.14 of the Revised	4375
Code, and, with the approval of the court, any other person may	4376
present information relevant to the imposition of sentence in the	4377
case. The court shall inform the offender of the verdict of the	4378
jury or finding of the court and ask the offender whether the	4379
offender has anything to say as to why sentence should not be	4380
imposed upon the offender.	4381

(2) Except as otherwise provided in this division, before	4382
imposing sentence on an offender who is being sentenced for a	4383
sexually oriented offense that was committed on or after January	4384
1, 1997, and that is not a sexually violent offense, and before	4385
imposing sentence on an offender who is being sentenced for a	4386
sexually violent offense committed on or after January 1, 1997,	4387
and who was not charged with a sexually violent predator	4388
specification in the indictment, count in the indictment, or	4389
information charging the sexually violent offense, the court shall	4390
conduct a hearing in accordance with division (B) of section	4391
2950.09 of the Revised Code to determine whether the offender is a	4392
sexual predator. The court shall not conduct a hearing under that	4393
division if the offender is being sentenced for a sexually violent	4394
offense and a sexually violent predator specification was included	4395
in the indictment, count in the indictment, or information	4396
charging the sexually violent offense. Before imposing sentence on	4397
an offender who is being sentenced for a sexually oriented	4398
offense, the court also shall comply with division (E) of section	4399
2950.09 of the Revised Code.	4400

(B)(1) At the sentencing hearing, the court, before imposing	4401
sentence, shall consider the record, any information presented at	4402
the hearing by any person pursuant to division (A) of this	4403
section, and, if one was prepared, the presentence investigation	4404
report made pursuant to section 2951.03 of the Revised Code or	4405
Criminal Rule 32.2, and any victim impact statement made pursuant	4406
to section 2947.051 of the Revised Code.	4407

(2) The court shall impose a sentence and shall make a	4408
finding that gives its reasons for selecting the sentence imposed	4409
in any of the following circumstances:	4410

(a) Unless the offense is a sexually violent offense for	4411
which the court is required to impose sentence pursuant to	4412
division (G) of section 2929.14 of the Revised Code, if it imposes	4413
a prison term for a felony of the fourth or fifth degree or for a	4414
felony drug offense that is a violation of a provision of Chapter	4415
2925. of the Revised Code and that is specified as being subject	4416
to division (B) of section 2929.13 of the Revised Code for	4417
purposes of sentencing, its reasons for imposing the prison term,	4418
based upon the overriding purposes and principles of felony	4419
sentencing set forth in section 2929.11 of the Revised Code, and	4420
any factors listed in divisions (B)(1)(a) to (i) of section	4421
2929.13 of the Revised Code that it found to apply relative to the	4422
offender.	4423

(b) If it does not impose a prison term for a felony of the	4424
first or second degree or for a felony drug offense that is a	4425
violation of a provision of Chapter 2925. of the Revised Code and	4426
for which a presumption in favor of a prison term is specified as	4427
being applicable, its reasons for not imposing the prison term and	4428
for overriding the presumption, based upon the overriding purposes	4429
and principles of felony sentencing set forth in section 2929.11	4430
of the Revised Code, and the basis of the findings it made under	4431
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	4432

(c) If it imposes consecutive sentences under section 2929.14	4433
of the Revised Code, its reasons for imposing the consecutive	4434
sentences;	4435

(d) If the sentence is for one offense and it imposes a	4436
prison term for the offense that is the maximum prison term	4437
allowed for that offense by division (A) of section 2929.14 of the	4438
Revised Code, its reasons for imposing the maximum prison term;	4439

(e) If the sentence is for two or more offenses arising out	4440
of a single incident and it imposes a prison term for those	4441
offenses that is the maximum prison term allowed for the offense	4442
of the highest degree by division (A) of section 2929.14 of the	4443
Revised Code, its reasons for imposing the maximum prison term.	4444

(3) Subject to division (B)(4) of this section, if the	4445
sentencing court determines at the sentencing hearing that a	4446
prison term is necessary or required, the court shall do all of	4447
the following:	4448

(a) Impose a stated prison term;

4449

(b) Notify the offender that, as part of the sentence, the	4450
parole board may extend the stated prison term for certain	4451
violations of prison rules for up to one-half of the stated prison	4452
term;	4453

(c) Notify the offender that the offender will be supervised	4454
under section 2967.28 of the Revised Code after the offender	4455
leaves prison if the offender is being sentenced for a felony of	4456
the first degree or second degree, for a felony sex offense, or	4457
for a felony of the third degree in the commission of which the	4458
offender caused or threatened to cause physical harm to a person;	4459

(d) Notify the offender that the offender may be supervised	4460
under section 2967.28 of the Revised Code after the offender	4461
leaves prison if the offender is being sentenced for a felony of	4462
the third, fourth, or fifth degree that is not subject to division	4463
(B)(3)(c) of this section;	4464

(e) Notify the offender that, if a period of supervision is	4465
imposed following the offender's release from prison, as described	4466
in division (B)(3)(c) or (d) of this section, and if the offender	4467
violates that supervision or a condition of post-release control	4468
imposed under division (B) of section 2967.131 of the Revised	4469
Code, the parole board may impose a prison term, as part of the	4470
sentence, of up to one-half of the stated prison term originally	4471
imposed upon the offender;	4472

(f) Require that the offender not ingest or be injected with	4473
a drug of abuse and submit to random drug testing as provided in	4474
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	4475
is applicable to the offender who is serving a prison term, and	4476
require that the results of the drug test administered under any	4477
of those sections indicate that the offender did not ingest or was	4478
not injected with a drug of abuse.	4479

(4) If the offender is being sentenced for a sexually violent	4480
offense that the offender committed on or after January 1, 1997,	4481
and the offender also is convicted of or pleads guilty to a	4482
sexually violent predator specification that was included in the	4483
indictment, count in the indictment, or information charging the	4484
sexually violent offense, if the offender is being sentenced for a	4485
sexually oriented offense that the offender committed on or after	4486
January 1, 1997, and the court imposing the sentence has	4487
determined pursuant to division (B) of section 2950.09 of the	4488
Revised Code that the offender is a sexual predator, or if the	4489
offender is being sentenced for an aggravated sexually oriented	4490
offense as defined in section 2950.01 of the Revised Code that the	4491
offender committed on or after the effective date of this	4492
amendment, the court shall include in the offender's sentence a	4493
statement that the offender has been adjudicated as being a sexual	4494
predator or has been convicted of or pleaded guilty to an	4495
aggravated sexually oriented offense, whichever is applicable, and	4496
shall comply with the requirements of section 2950.03 of the	4497
Revised Code. Additionally, in the circumstances described in	4498
division (G) of section 2929.14 of the Revised Code, the court	4499
shall impose sentence on the offender as described in that	4500
division.	4501

(5) If the sentencing court determines at the sentencing	4502
hearing that a community control sanction should be imposed and	4503
the court is not prohibited from imposing a community control	4504
sanction, the court shall impose a community control sanction. The	4505
court shall notify the offender that, if the conditions of the	4506
sanction are violated, if the offender commits a violation of any	4507
law, or if the offender leaves this state without the permission	4508
of the court or the offender's probation officer, the court may	4509
impose a longer time under the same sanction, may impose a more	4510
restrictive sanction, or may impose a prison term on the offender	4511
and shall indicate the specific prison term that may be imposed as	4512
a sanction for the violation, as selected by the court from the	4513
range of prison terms for the offense pursuant to section 2929.14	4514
of the Revised Code.	4515

(6) Before imposing a financial sanction under section	4516
2929.18 of the Revised Code or a fine under section 2929.25 of the	4517
Revised Code, the court shall consider the offender's present and	4518
future ability to pay the amount of the sanction or fine.	4519

(7) If the sentencing court sentences the offender to a	4520
sanction of confinement pursuant to section 2929.14 or 2929.16 of	4521
the Revised Code that is to be served in a local detention	4522
facility, as defined in section 2929.35 of the Revised Code, and	4523
if the local detention facility is covered by a policy adopted	4524
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	4525
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	4526
and section 2929.37 of the Revised Code, both of the following	4527
apply:	4528

(a) The court shall specify both of the following as part of	4529
the sentence:	4530

(i) If the offender is presented with an itemized bill	4531
pursuant to section 2929.37 of the Revised Code for payment of the	4532
costs of confinement, the offender is required to pay the bill in	4533
accordance with that section.	4534

(ii) If the offender does not dispute the bill described in	4535
division (B)(7)(a)(i) of this section and does not pay the bill by	4536
the times specified in section 2929.37 of the Revised Code, the	4537
clerk of the court may issue a certificate of judgment against the	4538
offender as described in that section.	4539

(b) The sentence automatically includes any certificate of	4540
judgment issued as described in division (B)(7)(a)(ii) of this	4541
section.	4542

(C)(1) If the offender is being sentenced for a fourth degree	4543
felony OVI offense under division (G)(1) of section 2929.13 of the	4544
Revised Code, the court shall impose the mandatory term of local	4545
incarceration in accordance with that division, shall impose a	4546
mandatory fine in accordance with division (B)(3) of section	4547
2929.18 of the Revised Code, and, in addition, may impose	4548
additional sanctions as specified in sections 2929.15, 2929.16,	4549
2929.17, and 2929.18 of the Revised Code. The court shall not	4550
impose a prison term on the offender.	4551

(2) If the offender is being sentenced for a third or fourth	4552
degree felony OVI offense under division (G)(2) of section 2929.13	4553
of the Revised Code, the court shall impose the mandatory prison	4554
term in accordance with that division, shall impose a mandatory	4555
fine in accordance with division (B)(3) of section 2929.18 of the	4556
Revised Code, and, in addition, may impose an additional prison	4557
term as specified in section 2929.14 of the Revised Code. The	4558
court shall not impose any community control sanction on the	4559
offender.	4560

(D) The sentencing court, pursuant to division (K) of section	4561
2929.14 of the Revised Code, may recommend placement of the	4562
offender in a program of shock incarceration under section	4563
5120.031 of the Revised Code or an intensive program prison under	4564
section 5120.032 of the Revised Code, disapprove placement of the	4565
offender in a program or prison of that nature, or make no	4566
recommendation. If the court recommends or disapproves placement,	4567
it shall make a finding that gives its reasons for its	4568
recommendation or disapproval.	4569

Section 4. That the existing versions of sections 2929.13 and	4570
2929.19 of the Revised Code that are scheduled to take effect	4571
January 1, 2004, are hereby repealed.	4572

Section 5. Sections 3 and 4 of this act shall take effect	4573
January 1, 2004.	4574

Section 6. The provisions of this act are severable. If a	4575
codified or uncodified section of law contained in this act or a	4576
provision or application of such a section is held invalid, the	4577
invalidity does not affect any other codified or uncodified	4578
section of law contained in this act, or any related codified or	4579
uncodified section, or any provision or application of any such	4580
section, that can be given effect without the invalid section or	4581
provision or application.	4582

Section 7. (A) Section 2929.13 of the Revised Code is	4583
presented in Section 1 of this act as a composite of the section	4584
as amended by both Am. Sub. H.B. 327 and Sub. H.B. 485 of the	4585
124th General Assembly. Section 2929.19 of the Revised Code,	4586
effective until January 1, 2004, is presented in Section 1 of this	4587
act as a composite of the section as amended by both Sub. H.B. 170	4588
and Sub. H.B. 485 of the 124th General Assembly. Section 2950.08	4589
of the Revised Code is presented in Section 1 of this act as a	4590
composite of the section as amended by both Am. Sub. H.B. 180 and	4591
Am. Sub. S.B. 160 of the 121st General Assembly. The General	4592
Assembly, applying the principle stated in division (B) of section	4593
1.52 of the Revised Code that amendments are to be harmonized if	4594
reasonably capable of simultaneous operation, finds that the	4595
composites are the resulting versions of the sections in effect	4596
prior to the effective date of the sections as presented in	4597
Section 1 of this act.	4598

(B) Section 2929.13 of the Revised Code is presented in	4599
Section 3 of this act as a composite of the section as amended by	4600
Am. Sub. H.B. 327, Sub. H.B. 485, and Am. Sub. S.B. 123 of the	4601
124th General Assembly. Section 2929.19 of the Revised Code,	4602
effective January 1, 2004, is presented in Section 3 of this act	4603
as a composite of the section as amended by Sub. H.B. 170, Sub.	4604
H.B. 485, and Am. Sub. S.B. 123, all of the 124th General	4605
Assembly. The General Assembly, applying the principle stated in	4606
division (B) of section 1.52 of the Revised Code that amendments	4607
are to be harmonized if reasonably capable of simultaneous	4608
operation, finds that the composites are the resulting versions of	4609
the sections in effect prior to the effective date of the sections	4610
as presented in Section 3 of this act.	4611