As Reported by the House Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
| |
SENATORS Jacobson, Amstutz, Austria, Coughlin, Randy Gardner, Goodman, Harris, Hottinger, Spada, Stivers, Herington, Dann, Fedor, Blessing, Carnes, Fingerhut, Jordan, Mumper, Roberts, Schuler, Schuring, Carey, Miller, Armbruster, Nein, Robert Gardner
REPRESENTATIVES Latta, Callender, Oelslager, DePiero, Faber, D. Evans, Grendell, Gilb, Willamowski, Seitz, Mason
A BILLTo amend sections 109.42, 109.57, 325.32, 1923.01, 1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83, 2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07, 2919.24, 2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2950.99, 2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03 and to enact sections 311.171, 2152.811, 2152.851, 2950.021, 2950.022, 2950.031, 2950.041, 2950.091, 2950.111, and 5321.051 of the Revised Code to modify the Sex Offender Registration and Notification Law by adopting most of the recommendations of the Governor's Sex Offender Registration and Notification Task Force, generally conforming the Law to federal guidelines, renaming as "child-victim oriented offenses" certain crimes against children not committed with a sexual motivation that currently subject offenders and delinquent children to the Law, exempting certain sexually oriented offenses committed by a first-time offender delinquent child against a person 18 years of age or older from the registration and related duties under the Law unless a judge removes the exemption, providing a penalty for failing to send a notice of intent to reside, clarifying that habitual sex offenders or habitual child-victim offenders in another jurisdiction are habitual sex offenders or habitual child-victim offenders under Ohio law, clarifying the Law's community notification provisions as applied to multi-unit buildings, specifying that convictions in courts of foreign nations are sexually oriented offenses or child-victim oriented offenses under the Law, prohibiting an offender who is subject to the Law from establishing a residence within 1,000 feet of any school premises, permitting landlords to evict such an offender from residential premises located within 1,000 feet of school premises, permitting
a sheriff to charge
a
fee to register,
register a change of residence
address of, or verify a residence address of an
adult
offender who is required to register under
the Law, and making other changes in that Law; to expand
the victim and community notification provisions of
the Law and to specifically authorize
specified use of the Internet for those provisions;
to establish the Sex Offender Technology
Fund for a sex offender and child-victim offender tracking program
established by the Attorney General; to authorize
use of the Internet for the tracking program; to expand
the information included in a registration or
residence address verification form under the Law; to modify the deadline imposed for address
verification under that Law; to authorize a
sheriff who uses the Internet for the victim and
community notification provisions of the Law
to receive funds from the Sex Offender Technology
Fund; to eliminate from the offense of "importuning" a prohibition that the Supreme Court found to be unconstitutional; to expand the purposes for which payments may be made from the Reparations Fund; to amend the versions of sections 109.42, 2152.02, 2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01, 2950.99, and 5321.01 of the Revised Code that are scheduled to take effect on January 1, 2004, to continue the provisions of this act on and after that effective date; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 109.57, 325.32, 1923.01, 1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83, 2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07, 2919.24, 2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2950.99, 2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03 be amended and sections 311.171, 2152.811, 2152.851, 2950.021, 2950.022, 2950.031, 2950.041, 2950.091, 2950.111, and 5321.051 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following:
(1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services;
(10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.21 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency;
(15) The right of a victim of domestic violence to seek
the
issuance of a
temporary protection order pursuant to section
2919.26 of the Revised Code,
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code,
and to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated as being a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name and, the person's residence address that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated as being a sexual
predator," and
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by a sexually violent predator who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times:
(i) Upon first contact with the victim, the victim's family,
or
the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
division (A)(1) to (17) of this
section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section 122.95,
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code;
(2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) When a recipient of an OhioReads classroom
or
community reading
grant paid under section 3301.86 or 3301.87 of the Revised
Code
or an entity approved by the OhioReads council
requests, with respect to any individual who applies to participate in
providing any program or service
through an entity approved by the OhioReads council
or
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that
individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 311.171. (A) As used in this section:
(1) "Federal poverty level" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(2) "Registration year" of an offender means one of the following:
(a) The twelve-month period beginning on the anniversary,
occurring on or after January 1, 2004, of the date on which an
offender's registration period began in accordance with section
2950.07 of the Revised Code;
(b) The twelve-month period beginning on the date on which an
offender's registration period begins, on or after January 1,
2004, in accordance with section 2950.07 of the Revised Code.
(B) The sheriff may charge a fee each time a person does
any of the following:
(1) Registers under section 2950.04 or 2950.041 of the Revised Code;
(2) Registers a new residence address under section 2950.05
of the Revised Code;
(3) Verifies a current residence address under section
2950.06 of the Revised Code.
(C) If the sheriff charges one or more fees provided for in
division (B) of this section, all of
the following apply:
(1) The sheriff shall not require the payment of any fee
from a delinquent child until the delinquent child reaches eighteen years of age. When a delinquent child reaches eighteen years of age
and the sheriff charges a fee to the
delinquent child, the
provisions of this section applicable to
"offenders" shall be
construed to apply to the delinquent child.
(2) For an offender who has been adjudicated
a sexual predator or child-victim predator or who has a duty to register as a result of committing an aggravated sexually oriented offense, the fees may not exceed a total of one hundred dollars
for each registration year.
(3) For an offender who has been determined to
be a habitual sexual offender or a habitual child-victim offender, who is not described in division (C)(2) of this section, and for whom the sentencing judge has required
community notification, the fees may not exceed a total of fifty dollars for
each registration year.
(4) For an offender who has been convicted of or pleaded guilty to a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim offense and who is not described in division (C)(2) or (3) of this section, the fees may not exceed a total of twenty-five dollars
for each registration year.
(5) An offender who is required to pay a fee shall retain
the receipts received under section 325.28 of the Revised Code for
payments made during the offender's registration year to establish
that the payment of any fee will exceed the maximum annual amount
permissible under this division.
(6) The sheriff shall not refuse to register a person,
register a new residence address of a person, or verify the
current residence address of a person, who does not pay a fee the
sheriff
requires under this section.
(7) The sheriff shall report unpaid fees in accordance with
division (C) of section 325.31 of the Revised Code, and the county may recover those fees in a civil action in the same manner as other money due
the county.
(D) Each time a person appears before the sheriff to
provide any registration or verification specified in division (B)
of this section for which the sheriff charges a fee, the sheriff
shall determine whether the person is able to pay the
fee. In making that determination, the sheriff shall determine whether the person's income is less than one hundred twenty-five per cent of the federal poverty level. A person whose income is equal to or greater than one hundred twenty-five per cent of the federal poverty level shall be considered able to pay the fee.
(E)
If a sheriff determines a person's income is less than one hundred twenty-five per cent of the federal poverty level, the sheriff shall waive
payment of the fee. If the sheriff determines a person's income is equal to or greater than one hundred twenty-five per cent of the federal poverty level, the sheriff may allow the person to
pay the fee in accordance with a payment schedule the sheriff
establishes based on the person's ability to pay. The sheriff
shall document any waiver or alternative fee arrangement in the
official registration records of the sheriff's office and shall
provide the offender with a written copy of any waiver or
alternative fee arrangement.
(F) All fees paid to a sheriff under this section shall be paid into the county treasury to the credit of the county general
fund and shall be allocated to the sheriff to be used to defray
the costs of registering sex offenders and child-victim offenders and providing community
notification under Chapter 2950. of the Revised Code.
(G) If an offender has registered with a sheriff and
subsequently relocates to a different county during a registration
year, the annual maximum amounts set forth in division (C) of this
section shall apply to the sheriff in the new county, and that
sheriff shall consider any payments already made by the offender
for purposes of determining when the applicable maximum has been
met for the offender's registration year.
Sec. 325.32.
No
Except as otherwise provided in section
311.171 of the Revised Code, no county officer named in section
325.27 of the Revised Code,
shall make any reduction, abatement,
or remission of any fees, costs,
percentages, penalties,
allowances, or perquisites of any kind, required to be
charged and
collected by
him
the officer.
Sec. 1923.01. (A) As provided in this chapter, any judge
of
a county or municipal court or a court of common pleas, within
the
judge's proper area of jurisdiction, may inquire about persons
who
make unlawful and forcible entry into lands or tenements and
detain them, and about persons who make a lawful and peaceable
entry into lands or tenements and hold them unlawfully and by
force. If, upon
the inquiry, it is found that an unlawful
and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge shall cause the plaintiff
in
an action under this chapter to have restitution of the lands
or
tenements.
(B) An action shall be brought under this chapter within
two
years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than
premises
located in a manufactured home park, to the exclusion of others.
(2) "Landlord" means the owner, lessor, or sublessor of
premises,
or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to
which
the term is applied, "landlord" means a park operator.
(3) "Park operator," "manufactured home," "mobile home,"
"manufactured home park,"
"recreational vehicle," and "resident"
have the same meanings as in section 3733.01 of the Revised Code.
(4) "Residential premises" has the same meaning as in
section 5321.01 of the Revised Code, except, if required by the
facts of the action to which the term is applied, "residential
premises" has the same meaning as in section 3733.01 of the
Revised Code.
(5) "Rental agreement" means any agreement or lease,
written
or oral, that establishes or modifies the terms,
conditions,
rules, or
other provisions concerning the use or
occupancy of
premises by one of the parties to the agreement or
lease, except
that "rental agreement," as used in division
(A)(13) of
section 1923.02 of the Revised Code and where the
context requires
as used in this chapter, means a rental
agreement as defined in
division (D) of section 5322.01 of the
Revised Code.
(6) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be
had
as follows:
(1) Against tenants or manufactured home park residents
holding over their terms;
(2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or
other
judicial process, when the judgment debtor was in
possession at
the time of the rendition of the judgment or
decree, by virtue of
which
the sale was made;
(4) In sales by executors, administrators, or guardians,
and
on partition, when any of the parties to the complaint were
in
possession at the commencement of the action, after
the
sales, so made on execution or otherwise, have been examined by
the proper court and adjudged legal;
(5) When the defendant is an occupier of lands or
tenements,
without color of title, and the complainant has the
right of
possession to them;
(6) In any other case of the unlawful and forcible
detention
of lands or tenements. For purposes of this division,
in addition
to any other type of unlawful and forcible detention
of lands or
tenements, such a detention may be determined to
exist when both
of the following apply:
(a) A tenant fails to vacate residential premises within
three days after both of the following occur:
(i)
The tenant's landlord has actual knowledge of or has
reasonable
cause to believe that the tenant, any person in the
tenant's
household, or any person on the premises with the consent
of the
tenant previously has or presently is engaged in a
violation of
Chapter 2925. or 3719. of the Revised Code, or of a
municipal
ordinance that is substantially similar to any section
in either
of those chapters, which involves a controlled substance
and
which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in this division if a search warrant was issued
pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised
Code; the
affidavit presented to obtain the warrant named or
described the
tenant or person as the individual to be searched
and particularly
described the tenant's premises as the place to
be searched, named
or described one or more controlled substances
to be searched for
and seized, stated substantially the offense
under Chapter 2925.
or 3719. of the Revised Code or the
substantially similar
municipal ordinance that occurred in, is
occurring in, or
otherwise was or is connected with the tenant's
premises, and
states the factual basis for the affiant's belief
that the
controlled substances are located on the tenant's
premises; the
warrant was properly executed by a law enforcement
officer and any
controlled substance described in the affidavit
was found by that
officer during the search and seizure; and,
subsequent to the
search and seizure, the landlord was informed
by that or another
law enforcement officer of the fact that the
tenant or person has
or presently is engaged in a violation as
described in this
division and it occurred in, is occurring in,
or otherwise was or
is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the
evidence, that the tenant, any person in the tenant's household,
or any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised
Code. In
those cases, the court has the authority to declare
a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract.
(8) Against tenants who have breached an obligation that
is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement
of an action under this division, notice shall be given to the
tenant and compliance secured with section 5321.11 of the Revised
Code.
(9) Against tenants who have breached an obligation
imposed
upon them by a written rental agreement;
(10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a
rental
agreement with a manufactured home park operator. Nothing in
this division precludes the commencement of an action under
division (A)(12) of this section when the additional circumstances
described in that division apply.
(11) Against manufactured home park residents who have
committed two material violations of the rules of the
manufactured
home park, of the public health council, or of
applicable state
and local health and safety codes and who have
been notified of
the violations in compliance with section
3733.13 of the Revised
Code;
(12)
Against a manufactured home park resident, or the estate
of a manufactured home park resident, who has been absent from the
manufactured home park for a period of thirty consecutive days
prior to the commencement of an action under this division and
whose manufactured home or mobile home, or recreational vehicle
that is parked in the manufactured home park, has been left
unoccupied for
that thirty-day period, without notice to the park
operator and
without payment of rent due under the rental
agreement with the
park operator;
(13) Against occupants of self-service storage facilities,
as
defined in division (A) of section 5322.01 of the Revised
Code,
who have breached the terms of a rental agreement or
violated
section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a
rental
agreement, resides in or occupies residential premises located within one thousand feet of any school premises and to
whom both of the
following apply:
(a) The resident's or occupant's name appears
on the
state
registry of
sex offenders and child-victim offenders maintained under section
2950.13 of
the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the
resident or occupant was convicted of or pleaded guilty to either a
sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not
sentenced to a
serious youthful offender dispositional sentence
for that offense.
(15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of
any school premises if both of the following apply to the person:
(a) The person's name appears on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that
the person was convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that offense.
(B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent,
the
tenant or resident
forfeits
the right of occupancy, and the
landlord may, at
the landlord's
option, terminate the tenancy
by notifying the tenant
or resident, as
provided in section
1923.04 of the Revised Code, to leave the
premises, for the
restitution of which an action may then be
brought under this
chapter.
(C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located
within one thousand feet of any school premises and is a
resident or occupant of
the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the
landlord for those
residential premises, upon
discovery that the
tenant or other person is a resident,
occupant, or person of that nature, may
terminate the rental
agreement or tenancy for those residential premises by
notifying
the tenant and all other occupants,
as provided in section 1923.04
of the
Revised Code, to leave the
premises.
(2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not
so terminate the rental agreement or tenancy, the landlord
is not liable in a
tort or other civil action in damages for
any injury, death, or loss
to person or property that allegedly result
from that decision.
(D) This chapter does not apply to a student tenant as
defined by division
(H) of section 5321.01 of the Revised Code
when the college or university
proceeds to terminate a rental
agreement pursuant to section 5321.031 of the
Revised Code.
Sec. 1923.051. (A) Notwithstanding the time-for-service
of
a summons provision of division (A) of section 1923.06 of the
Revised Code, if the complaint described in section 1923.05 of
the
Revised Code that is filed by a landlord in an action under
this
chapter states that the landlord seeks a judgment of
restitution
based on the grounds specified in divisions (A)(6)(a)
and (b) of
section 1923.02 of the Revised Code, then the clerk of
the
municipal court, county court, or court of common pleas in
which
the complaint is filed shall cause both of the following to
occur:
(1) The service and return of the summons in the action in
accordance with the Rules of Civil Procedure, which service shall
be made, if possible, within three working days after the filing
of the complaint;
(2) The action to be set for trial
on
not later than the
thirtieth
working
calendar day after the date that the tenant is
served with a copy
of the summons in accordance with division
(A)(1) of this
section.
(B) The tenant in an action under this chapter as
described
in division (A) of this section is not required to file
an answer
to the complaint of the landlord, and may present any
defenses
that
he
the tenant may possess at the trial of the
action in
accordance with section 1923.061 of the Revised Code.
(C) No continuances of an action under this chapter as
described in division (A) of this section shall be permitted
under
section 1923.08 of the Revised Code, and if the tenant in
the
action does not appear at the trial and the summons in the
action
was properly served in accordance with division (A)(1) of
this
section, then the court shall try the action in accordance
with
section 1923.07 of the Revised Code.
(D) All provisions of this chapter that are not
inconsistent
with this section shall apply to an action under
this chapter as
described in division (A) of this section.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section.
(2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult;
(2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (A) of section 2923.211
of the Revised Code;
(4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer.
(H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code.
(K) "Electronic monitoring device," "certified electronic
monitoring device," "electronically monitored house arrest,"
"electronic
monitoring system," and "certified electronic
monitoring system" have the same meanings as in section 2929.23 of
the Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act as a result of the delinquent act and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act.
(M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer.
(Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section
149.43 of
the Revised Code.
(X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile sex offender registrant," and "sexual
predator," "presumptive registration-exempt sexually oriented offense," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the
same
meanings as in
section 2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code;
(3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest with or without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the
court;
(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code.
(2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2152.191. If a child is adjudicated a delinquent child
for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense or for committing a child-victim oriented offense, if the child is
fourteen years of age or older at the time of committing the
offense,
and if the child committed the offense on or
after
the
effective date of this section, all
January 1, 2002, both of the following
apply:
(A) Sections 2152.82 to 2152.85 and Chapter 2950. of the
Revised Code apply to the child
and the adjudication.
(B) In addition to any order of disposition it makes of the
child under this chapter, the court may make any determination,
adjudication, or order authorized under sections 2152.82 to
2152.85 and Chapter 2950. of the
Revised Code and shall make any
determination, adjudication, or
order required under those
sections and that chapter.
Sec. 2152.811. If a court adjudicates a child a delinquent child for committing a presumptive registration-exempt sexually oriented offense, the court may determine pursuant to section 2950.021 of the Revised Code, prior to making an order of disposition for the child, that the child potentially should be subjected to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under Chapter 2950. of the Revised Code upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense. If the court so determines, divisions (B)(1) and (3) of section 2950.021 of the Revised Code apply, and the court shall proceed as described in those divisions.
Sec. 2152.82. (A)
The court that adjudicates a child
a
delinquent
child
shall issue
as part of the dispositional order an
order that
classifies the child a juvenile sex offender registrant
and
specifies that the child has a duty to register under section comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if
all of the following
apply:
(1) The act for which the child is adjudicated a delinquent
child is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense that the child committed on
or after January 1, 2002.
(2) The child was fourteen,
fifteen, sixteen, or seventeen
years of
age at the time of
committing the offense.
(3) The court has determined that the
child previously was
convicted of, pleaded guilty to, or was
adjudicated a delinquent
child for committing
any sexually
oriented offense or child-victim oriented offense, regardless of
when the prior
offense was
committed and regardless of the
child's
age
at the time
of committing the offense.
(B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders of
disposition for the
delinquent child. Prior to issuing the order
required by division (A) of this section,
the judge shall
conduct
the hearing and make the determinations
required by
division (B)
of
section 2950.09 of
the Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (B) of section 2950.091 of the Revised Code regarding a child-victim oriented offense
to determine if the
child
is to be classified a
sexual predator or a child-victim predator, shall make the
determinations required by
division (E) of that section 2950.09 of the Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (E) of section 2950.091 of the Revised Code regarding a child-victim oriented offense to
determine if the child is to be
classified a habitual sex
offender or a habitual child-victim offender, and shall otherwise comply
with those divisions. When a
judge issues an order
under division
(A) of this section, all of
the following apply:
(1) The judge shall include in the order any determination
that the delinquent child is, or is not, a sexual predator or child-victim predator or is, or is not, a habitual
sex offender or habitual child-victim offender that the judge makes pursuant to division (B) or (E)
of section 2950.09 or 2950.091 of the Revised Code and any related information
required or authorized under the division under which the
determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender or habitual child-victim offender to community notification provisions as
described in division (E) of that section 2950.09 or 2950.091 of the Revised Code.
(2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense or child-victim oriented offense upon which the order is
based, a hearing will be conducted, and the order and any
determinations included in the order are subject to
modification
or termination
pursuant to sections 2152.84 and 2152.85 of the
Revised Code.
(3) The judge shall provide a copy of the order to the
delinquent child and to the delinquent child's parent, guardian,
or custodian, as part of the notice provided required under divisions (A)
and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order.
(4) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section.
(C) An order issued under division (A) of this
section and
any determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code, and section 2152.851 of the Revised Code applies regarding the order and the determinations. If an order is
issued under division (A) of
this section, the child's attainment
of eighteen or twenty-one
years of age does not affect or
terminate the order, and the order
remains in effect for the
period of time described in this
division.
(D) A court that adjudicates a child a delinquent child for a sexually oriented offense that is a registration-exempt sexually oriented offense shall not issue based on that adjudication an order under this section that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
Sec. 2152.83. (A)(1) The court that adjudicates a
child a
delinquent child shall issue as part of the dispositional
order
or, if the court commits the child for the delinquent act to
the
custody of a secure facility, shall issue at the time of the
child's release from the secure facility, an order that classifies
the child a juvenile sex offender registrant and specifies that
the child has a duty to register under section comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code if all of the following apply:
(a) The act for which the child is
or was adjudicated a
delinquent
child
is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense
that the child
committed on or after January 1, 2002.
(b) The child was sixteen or
seventeen years of age at the
time of committing the offense.
(c) The court
was not required to classify the child
a
juvenile sex offender registrant under section 2152.82 of the
Revised Code.
(2) Prior to issuing the order
required by division (A)(2) of
this section, the judge shall conduct
the hearing and make the
determinations required by
division (B)
of section 2950.09 of the
Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (B) of section 2950.091 of the Revised Code regarding a child-victim oriented offense
to
determine if the child is to be classified as a
sexual predator or a child-victim predator,
shall make the determinations required by
division (E) of that
section 2950.09 of the Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (E) of section 2950.091 of the Revised Code regarding a child-victim oriented offense to determine if the child is to be
classified as a
habitual sex offender or a habitual child-victim offender, and shall otherwise comply
with those
divisions. When a judge issues an order under division
(A)(1) of
this section, the judge shall include in the order
all
of the
determinations and information identified in division
(B)(1) of
section 2152.82 of the Revised Code that are relevant.
(B)(1) The court that adjudicates a child a delinquent
child, on the judge's own motion, may conduct at the time of
disposition of the child or, if the court commits the child for
the delinquent act to the custody of a secure facility, may
conduct at the time of the child's release from the secure
facility, a hearing for the purposes described in division (B)(2)
of this section if all of the following apply:
(a) The act for which the child is adjudicated a delinquent
child
is a
sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense
that the
child committed on
or after January 1, 2002.
(b) The child was fourteen or
fifteen years of age at the
time of committing the offense.
(c) The court
was not required to classify the child a
juvenile sex offender registrant under section 2152.82 of the
Revised Code.
(2) A judge shall conduct a hearing under division (B)(1) of
this section
to review the effectiveness of the disposition
made
of the child
and of any treatment provided for the child placed
in
a secure
setting and to determine whether the child should be
classified a
juvenile sex offender registrant. The judge may
conduct the
hearing on the judge's own initiative or based upon a
recommendation of an officer or employee of the department of
youth services, a probation officer, an employee of the court, or
a prosecutor or law enforcement officer. If the judge conducts
the hearing, upon completion of the hearing, the judge, in the
judge's discretion and after consideration of the factors listed
in division (E) of this section, shall do either of the following:
(a) Decline to issue an order that classifies the child a
juvenile sex offender registrant and specifies that the child has
a duty to register under section comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(b) Issue an order that classifies the child a juvenile
sex
offender registrant and specifies that the child has a duty to
register under section comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and, if the
judge determines conducts a hearing as described in division (C) of this section that to determine whether
the child is a sexual predator or child-victim predator or a habitual sex offender or habitual child-victim offender, include
in the order a statement that the judge has determined that the
child is, or is not, a sexual predator or a, child-victim predator, habitual sex offender, or habitual child-victim offender, whichever
is applicable.
(C) A judge may issue an order under division (B) of this
section that contains a determination that a delinquent child is a
sexual predator or child-victim predator only if the judge, in accordance with the
procedures specified in division (B) of section 2950.09 of the
Revised Code regarding sexual predators or division (B) of section 2950.091 of the Revised Code regarding child-victim predators, determines at the hearing by clear and convincing
evidence that the child is a sexual predator or a child-victim predator. A judge may issue
an order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender or a habitual child-victim offender
only if the judge
at the hearing
determines as
described in
division (E) of section 2950.09 of the Revised Code
regarding habitual sex offenders or division (E) of section 2950.091 of the Revised Code regarding habitual child-victim offenders that the child
is a habitual sex offender or a habitual child-victim offender. If the judge issues an
order under
division (B) of this section that contains a
determination that a
delinquent child is a habitual sex offender or a habitual child-victim offender,
the judge may impose
a requirement subjecting the child to
community notification
provisions as described in division (E) of
section 2950.09 or 2950.091 of the
Revised Code, whichever is applicable. If the court conducts a hearing as described in this division to determine whether the child is a sexual predator or child-victim predator or a habitual sex offender or habitual child-victim offender, the judge shall comply with division (B) or (E) of section 2950.09 or 2950.091 of the Revised Code, whichever is applicable, in all regards.
(D) If a judge issues an order under division (A) or (B) of
this section, the judge shall provide to the delinquent child and
to the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of the Revised Code. The
judge shall provide the notice at the time of the issuance of the
order, shall provide the notice as described in division (B)(1)(c)
of that section, and shall comply with divisions (B)(1), (B)(2),
and (C) of that section regarding that notice and the provision of it.
The judge also shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense or child-victim oriented offense upon which the order is
based, a hearing will be conducted and the order is subject to
modification or termination pursuant to section 2152.84 of the
Revised Code.
(E) In making a decision under division (B) of this section
as to whether a delinquent child should be classified a juvenile
sex offender registrant and, if so, whether the child also is a
sexual predator or child-victim predator or a habitual sex offender or habitual child-victim offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense that is not a registration-exempt sexually oriented offense or the child-victim oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or
compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3) of section
2950.09 or 2950.091 of the Revised Code, whichever is applicable;
(5) The factors set forth in divisions (B) and (C) of
section
2929.12 of the Revised Code as those factors apply
regarding the
delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and
of
any follow-up professional assessment of the child.
(F) An order issued under division (A) or (B) of this
section and any determinations included in the order
shall remain in effect for the period of time specified in
section
2950.07 of the Revised Code, subject to a modification or
termination of the order under section 2152.84 of the Revised
Code, and section 2152.851 of the Revised Code applies regarding the order and the determinations. The child's attainment of eighteen or twenty-one years of
age does not affect or terminate the order, and the order remains
in effect for the period of time described in this division.
(G) A court that adjudicates a child a delinquent child for a sexually oriented offense that is a registration-exempt sexually oriented offense shall not issue based on that adjudication an order under this section that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(H) As used in the section, "secure facility" has the same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile sex offender
registrant and specifies that the child has
a duty to register
under section comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, upon
completion of the
disposition of that
child
made for the
sexually
oriented offense that is not a registration-exempt sexually oriented offense or the child-victim oriented offense on which the juvenile
sex offender
registrant
order was based, the judge or the judge's
successor in
office
shall conduct a hearing to
review the effectiveness of the
disposition and
of any
treatment provided for the child, to
determine the risks that the child
might re-offend, and to
determine whether
the
prior classification
of
the child as a
juvenile
sex offender
registrant
and, if
applicable, as a sexual
predator or child-victim predator or as a habitual sex offender or habitual child-victim offender should
be
continued, modified,
or
terminated
as provided under division
(A)(2) of this section.
(2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of the factors listed in division (E) of
section
2152.83 of the Revised Code, shall do one of the
following, as
applicable:
(a) Enter an order that continues the classification of the
delinquent child made in the
prior order issued under section
2152.82 or
division (A) or
(B) of section 2152.83 of the Revised
Code, and
any sexual
predator or, child-victim predator, habitual sex offender, or habitual child-victim offender
determination
included in the
order;
(b) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator or child-victim predator, enter, as applicable, an
order that contains a determination that the
delinquent child no
longer is a sexual predator, the reason or reasons for that determination, and that also
contains either a
determination that the delinquent child is a
habitual sex offender
or a determination that the delinquent child
remains a juvenile
sex offender registrant but is not a sexual
predator or habitual
sex offender, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender or a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender;
(c) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator or child-victim predator
determination as described in division
(A)(2)(b) of this
section
but includes a determination by the
judge that the
delinquent
child is a habitual sex offender or a habitual child-victim offender, enter, as applicable,
an order that
contains a
determination that the delinquent child
no longer is a
habitual
sex offender and that also contains a
determination that
the
delinquent child remains a juvenile sex
offender registrant
but is
not a habitual sex offender, or an order that contains a determination that the child no longer is a habitual child-victim offender and a determination that the child remains a juvenile offender registrant but is not a habitual child-victim offender;
(d) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and includes a determination
by the
judge that the delinquent child is a sexual predator or child-victim predator, enter, as applicable,
an
order that contains a determination that the delinquent child
no
longer is a sexual predator, the reason or reasons for that determination, and that also contains either a
determination
that the delinquent child is a habitual sex
offender, a
determination that the delinquent child remains a
juvenile sex
offender registrant but is not a sexual predator or
habitual sex
offender, or a determination that specifies that the
delinquent
child no longer is a juvenile sex offender registrant
and no
longer has a duty to register under section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised
Code, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender, a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender, or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041, 2950.05, and 2950.06 of the Revised Code;
(e) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and does not include a sexual
predator or child-victim predator
determination as described in division (A)(2)(d) of this
section
but includes a determination by the judge that the
delinquent
child is a habitual sex offender or habitual child-victim offender, enter, as applicable, an order that
contains a
determination that the child no longer is a habitual
sex offender
and that also contains either a determination that
the child
remains a juvenile sex offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
specifies that the child no longer is a juvenile sex offender
registrant and no longer has a duty to register under section comply with sections
2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a habitual child-victim offender and either a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041, 2950.05, and 2950.06 of the Revised Code;
(f) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and
does not include
a
sexual
predator or child-victim predator determination or a habitual sex offender or habitual child-victim offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter, as applicable, an
order
that contains a
determination that the
delinquent child no
longer
is a juvenile
sex offender registrant
and no longer has a
duty to
register under
section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code, or an order that contains a determination that the delinquent child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile sex offender registrant and any
sexual predator or habitual sex offender determination included in
the order, or that continues the prior classification of the delinquent child as a juvenile offender registrant and any child-victim predator or habitual child-victim offender determination included in the order, the prior classification and the prior determination,
if applicable, shall remain in effect.
A judge may issue an order under division (A)(2) of this
section that contains a determination that a child no longer is a
sexual predator or no longer is a child-victim predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code regarding a sexual predator, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
sexually oriented offense in the future, or the judge, in accordance with the procedures specified in division (D)(1) of section 2950.091 of the Revised Code regarding a child-victim predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a child-victim oriented offense in the future. If the judge issues an
order of that type, the judge shall provide the notifications
described in division (D)(1) of section 2950.09 or 2950.091 of the Revised
Code, whichever is applicable, and the recipient of the notification shall comply with the
provisions of that division.
If a judge issues an order under division (A)(2) of this
section that otherwise reclassifies the delinquent child, the
judge shall provide a copy of the order to the bureau of criminal
identification and investigation, and the bureau, upon receipt of
the copy of the order, promptly shall notify the sheriff with whom
the child most recently registered under section 2950.04 or 2950.041 of the
Revised Code of the reclassification.
(C) If a judge issues an order under any provision of
division (A)(2) of this section, the judge shall provide
to the
delinquent child and to the delinquent child's parent,
guardian,
or custodian a copy of the order and a notice containing
the
information described in divisions (A) and
(B) of section 2950.03
of the Revised Code. The judge shall
provide the notice at the
time of the issuance of the order, shall
provide the notice as
described in division (B)(1)(c) of that
section, and shall comply
with divisions (B)(1), (B)(2),
and (C)
of that section regarding
that notice and the provision of it.
(D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code.
(E) An order issued under division (A)(2) of this
section
and any determinations included in the order shall remain in
effect for the period of time specified in
section 2950.07 of the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code, and section 2152.851 of the Revised Code applies regarding the order and the determinations. If an order is
issued under division (A)(2) of
this section, the child's
attainment of eighteen or twenty-one
years of age does not affect
or terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2152.85. (A) Upon the expiration of the applicable
period of time specified in division (B)(1) or (2) of this
section, a delinquent child who has been classified pursuant to
this section or section 2152.82
or 2152.83 of
the Revised Code a
juvenile sex
offender
registrant may
petition
the judge who made
the classification, or that judge's
successor
in office, to do one
of the following:
(1) If the order containing the juvenile sex offender
registrant classification also includes a determination by the
juvenile court judge that the delinquent child is a sexual
predator relative to the sexually oriented offense or child-victim predator in the manner
described in
section 2152.82 or 2152.83 of the Revised Code and
that
determination remains in effect, to enter, as applicable, an order that
contains a
determination that the child no longer is a sexual
predator, the reason or reasons for that determination, and
that also contains either a determination that the
child is a
habitual sex offender or a determination that the child
remains a
juvenile sex offender registrant but is not a sexual
predator or
habitual sex offender, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender or a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender;
(2) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator or child-victim predator
determination as described in division
(A)(1) of this section but
includes a determination by the
juvenile court judge that the
delinquent child is a habitual sex
offender relative to the sexually oriented
offense or a habitual child-victim offender in the manner
described in section 2152.82 or 2152.83 of
the Revised Code, or in
this section, and that determination
remains in effect, to enter, as applicable,
an order that contains a determination
that the child no longer is
a habitual sex offender and that also
contains either a
determination that the child remains a juvenile
sex
offender
registrant or a determination that the child no longer is a
juvenile sex offender registrant and no longer has a duty to
register under section comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a habitual child-victim offender and either a determination that the child remains a juvenile offender registrant or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041, 2950.05, and 2950.06 of the Revised Code;
(3) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator or child-victim predator determination or a
habitual sex offender or habitual child-victim offender determination
as described in division
(A)(1) or (2) of this section, to enter, as applicable,
an order that contains a
determination that the child no longer is
a juvenile sex offender
registrant and no longer has a duty to
register under section comply with sections
2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B) A delinquent child who has been adjudicated a delinquent
child for committing on or after
the effective date of this
section
January 1, 2002, a sexually oriented offense that is not a registration-exempt sexually oriented offense and who has been classified
a
juvenile sex offender registrant relative to that sexually
oriented offense or who has been adjudicated a delinquent child for committing on or after that date a child-victim oriented offense and who has been classified a juvenile offender registrant relative to that offense may file a petition under
division (A) of this
section requesting reclassification or
declassification as
described in that division after the
expiration of one of the
following periods of time:
(1) The delinquent child initially may file a petition not
earlier than three years after the entry of the juvenile court
judge's order after the mandatory hearing conducted under section
2152.84 of the Revised Code.
(2) After the delinquent child's initial filing of a
petition under division (B)(1) of this section, the child may file
a second petition not earlier than three years after the judge has
entered an order deciding the petition under division (B)(1) of
this section.
(3) After the delinquent child's filing of a petition under
division (B)(2) of this section, thereafter, the delinquent child
may file a petition under this division upon the expiration of
five years after the judge has entered an order deciding the
petition under division (B)(2) of this section or the most recent
petition the delinquent child has filed under this division.
(C) Upon the filing of a petition under divisions (A) and
(B) of this section, the judge may review the prior classification
or determination in question and, upon consideration of all
relevant factors and information, including, but not limited to
the factors listed in division (E) of section 2152.83 of the
Revised Code, the judge, in the judge's discretion, shall do one
of the following:
(1) Enter an order denying the petition;
(2) Issue an order that reclassifies or declassifies the
delinquent child, in the requested manner specified in division
(A)(1), (2), or (3) of this section.
(D) If a judge issues an order under division (C) of this
section that denies a petition, the prior classification of the
delinquent child as a juvenile sex offender registrant, and the
prior determination that the child is a sexual predator or, child-victim predator,
habitual sex offender, or habitual child-victim offender, if applicable, shall remain in effect.
A judge may issue an order under division (C) of this section
that contains a determination that a child no longer is a sexual
predator or no longer is a child-victim predator only if the judge conducts a hearing and, in accordance
with the procedures specified in division (D)(1) of section
2950.09 of the Revised Code regarding a sexual predator, determines at the hearing by clear
and convincing evidence that the delinquent child is unlikely to
commit a sexually oriented offense in the future, or, in accordance with the procedures specified in division (D)(1) of section 2950.091 of the Revised Code regarding a child-victim predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a child-victim oriented offense in the future. If the judge
issues an order of that type, the judge shall provide the
notifications described in division (D)(1) of section 2950.09 or 2950.091 of
the Revised Code, whichever is applicable, and the recipient of the notification shall
comply with the provisions of that division.
A judge may issue an order under division (C) of this section
that contains a determination that a delinquent child is a
habitual sex offender or a habitual child-victim offender only if the judge conducts a hearing and
determines at the hearing as described in division (E) of section
2950.09 of the Revised Code regarding habitual sex offenders or division (E) of section 2950.091 of the Revised Code regarding habitual child-victim offenders that the child is a habitual sex
offender or a habitual child-victim offender. If the judge issues an order that contains a
determination that a delinquent child is a habitual sex offender or a habitual child-victim offender,
the judge may impose a requirement subjecting the child to
community notification provisions as described in that division.
(E) If a judge issues an order under division (C) of this
section, the judge shall provide to the delinquent child and to
the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of
the Revised Code. The
judge shall provide the notice at the time
of the issuance of the
order, shall provide the notice as
described
in division (B)(1)(c)
of section 2950.03 of the Revised
Code, and
shall comply with
divisions (B)(1), (B)(2), and (C) of
that section regarding that
notice and the provision of it.
(F) An order issued under division (C) of this section shall
remain in effect for the period of time specified in section
2950.07 of the Revised Code, subject to a further modification or
a termination of the order under this section, and section 2152.851 of the Revised Code applies regarding the order and the determinations. If an order is
issued under division (C) of this section, the child's attainment
of eighteen or twenty-one years of age does not affect or
terminate the order, and the order remains in effect for the
period of time described in this division.
Sec. 2152.851. (A) If, prior to the effective date of this section, a judge issues an order under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that classifies a delinquent child a juvenile offender registrant and if, on and after the effective date of this section, the sexually oriented offense upon which the order was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of the offense, the order shall remain in effect for the period described in the section under which it was issued, the order shall be considered for all purposes to be an order that classifies the child a juvenile offender registrant, division (A)(2)(b) of section 2950.041 of the Revised Code applies regarding the child, and the duty to register imposed pursuant to that division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the child prior to the effective date of this section under the order issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and Chapter 2950. of the Revised Code.
(B) If an order of the type described in division (A) of this section included a classification or determination that the delinquent child was a sexual predator or habitual sex offender, notwithstanding the redesignation of the offense upon which the determination was based, all of the following apply:
(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of the Revised Code apply regarding the child and the judge's order made prior to the effective date of this section shall be considered for all purposes to be an order that classifies the child as described in those divisions;
(2) The child's classification or determination under divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of the Revised Code shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of classification or determination made prior to the effective date of this section;
(3) The child's duties under Chapter 2950. of the Revised Code relative to that classification or determination shall be considered for all purposes to be a continuation of the duties related to that classification or determination as they existed prior to the effective date of this section.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (B)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to section 2152.74 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section and
pursuant to section 2901.07 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(L)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (D)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2743.69. (A) The attorney general shall
prepare and
transmit annually to the governor, the
president of the senate, the speaker of the house of representatives, and the
minority leaders of both houses
a report of the activities of the
Ohio crime victims compensation program under sections 2743.51 to
2743.72 of the Revised Code.
The report shall include the all of the following:
(1) The number of claims filed, the number
of awards made and the amount of each award, and a statistical
summary of awards made and denied, including the average size of
awards; the
(2) The balance in the reparations fund, with a listing by
source and amount of the moneys that have been deposited in the
fund; the
(3) The amount that has been withdrawn from the fund, including
separate listings of the administrative costs incurred by the
attorney general and a court of claims panel of commissioners,
compensation of
judges and court personnel, and the amount awarded as attorney's
fees, and the amount of payments made pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the Revised Code. The
(B) The director of budget and management shall
assist the attorney general in the preparation
of the report
required by this section.
Sec. 2901.07. (A) As used in this section:
(1)
"DNA analysis" and
"DNA specimen" have the same
meanings
as in section 109.573 of the Revised Code.
(2)
"Jail" and
"community-based correctional facility" have
the
same meanings as in section 2929.01 of the Revised Code.
(3)
"Post-release control" has the same meaning as in
section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a
felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction
in a jail
or community-based correctional facility pursuant to
section 2929.16 of the
Revised Code, and
a person who is convicted
of or pleads guilty to a misdemeanor offense listed
in division
(D) of this section and who is sentenced to a term of
imprisonment
shall submit to a
DNA specimen collection
procedure administered
by the director of rehabilitation and
correction or the chief
administrative officer of the jail or other
detention facility in
which the person is serving the
term of imprisonment. If the
person serves the prison
term in a state correctional institution,
the
director of rehabilitation and correction shall cause the
DNA
specimen to be collected from the person during the intake
process
at the reception
facility designated by the director. If the
person serves the
community residential sanction or term of
imprisonment in a jail, a
community-based correctional facility,
or another county, multicounty,
municipal,
municipal-county, or
multicounty-municipal detention facility, the chief
administrative
officer of the jail,
community-based correctional facility, or
detention
facility shall cause the
DNA specimen to be collected
from the person during the intake
process at the jail,
community-based correctional facility, or
detention facility. In
accordance with
division (C) of this section, the director or
the
chief administrative officer shall cause the
DNA specimen to be
forwarded to the bureau of criminal identification
and
investigation no later than fifteen days after the date of the
collection
of the DNA specimen. The DNA specimen shall be
collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an
offense listed in division (D) of this section, is
serving
a
prison term, community residential sanction, or term of
imprisonment
for that offense, and does not provide a DNA
specimen
pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and the director of
rehabilitation and
correction or the chief administrative officer
of the jail, community-based
correctional facility, or detention
facility in which the person is serving
the
prison term, community
residential sanction, or term of imprisonment
shall administer, a
DNA specimen collection
procedure at the state correctional
institution, jail, community-based
correctional facility, or
detention facility in which the person is serving
the prison term,
community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the
chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and
investigation no later than fifteen days
after the date of the
collection of the DNA specimen. The
DNA specimen shall be
collected in accordance with division (C)
of this section.
(3) If a person
sentenced to a term of imprisonment or
serving a
prison term
or community
residential sanction for
committing an
offense listed in division (D) of this
section is on
probation, is
released on parole,
under
transitional
control, or
on another type
of release, or is on
post-release
control,
if the
person is
under
the supervision of
a probation
department or
the
adult parole
authority, if the person is
sent to
jail or is
returned to a jail,
community-based
correctional
facility, or
state correctional
institution for a violation
of
the
terms and
conditions of the
probation,
parole,
transitional
control, other
release, or
post-release
control, if the person was
or will be
serving
a
term
of imprisonment, prison term, or
community
residential
sanction
for
committing an offense listed in
division
(D) of this section,
and if the person did
not provide a
DNA
specimen
pursuant to
division (B)(1) or
(2) of this section,
the
person shall submit
to, and the
director of rehabilitation and
correction or the chief
administrative
officer of the jail or
community-based correctional
facility shall
administer, a DNA
specimen collection
procedure at
the jail, community-based
correctional facility, or state
correctional institution in which
the person is serving
the
term
of imprisonment, prison term, or
community residential
sanction.
In accordance with
division (C) of
this section,
the
director or
the chief
administrative officer
shall cause the
DNA
specimen to
be forwarded to
the bureau of
criminal identification
and
investigation no later
than fifteen
days after the date of the
collection of the
DNA specimen. The
DNA specimen shall be
collected from the
person in accordance with
division
(C) of this
section.
(C)
If the DNA specimen is collected by withdrawing blood
from the person or a similarly invasive procedure, a physician,
registered
nurse, licensed practical nurse,
duly licensed clinical
laboratory technician,
or other qualified
medical practitioner
shall collect in a medically approved
manner
the DNA specimen
required to be collected pursuant to division
(B)
of this section.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. No later than fifteen days after the
date of
the
collection of the DNA specimen, the director of
rehabilitation
and
correction or the chief administrative officer
of the jail,
community-based correctional facility, or other
county,
multicounty,
municipal, municipal-county, or
multicounty-municipal
detention facility,
in which the person is
serving the prison
term,
community residential sanction, or term
of imprisonment
shall cause the DNA specimen to be forwarded to
the bureau of
criminal identification and investigation in
accordance with
procedures
established by the superintendent
of
the bureau under
division (H) of section 109.573 of the
Revised
Code. The bureau
shall provide the
specimen vials, mailing tubes,
labels, postage,
and instructions needed for
the collection and
forwarding of the
DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the
chief
administrative officer of the jail, community-based
correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility
shall cause a
DNA specimen to be collected in
accordance
with
divisions (B) and (C) of this section from a person in
its custody
who is convicted of or pleads guilty to
any of the
following
offenses:
(1) A violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02,
2911.11, or 2911.12 of the
Revised
Code;
(2) A violation of section 2907.12 of the Revised Code as it
existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section
2903.01,
2903.02, 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a
violation of section 2907.12 of the Revised Code as
it existed
prior to
September 3, 1996;
(4) A
violation of any law that arose out of the same
facts
and
circumstances and
same act as did a charge against the
person
of a violation of section
2903.01,
2903.02,
2905.01,
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the
Revised Code
that
previously was
dismissed or
amended or as did a charge against the
person of a
violation of
section 2907.12 of the Revised Code
as it
existed
prior to
September 3,
1996, that previously was dismissed
or
amended;
(5) A violation of section 2905.02 or 2919.23 of the
Revised
Code that would
have been a
violation of section 2905.04 of the
Revised Code as it existed prior to July
1,
1996, had it been
committed prior to that date;
(6) A sexually oriented offense or a child-victim oriented offense, both as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the
offender
has been adjudicated as being a sexual predator or a child-victim predator, both as
defined in
section 2950.01 of the Revised Code;
(7) A felony violation of any law that arose out of the same
facts and circumstances and same act as did a charge against the
person of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended;
(8)
A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(9) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional
facility, or
other detention facility described
in division (B) of
this section
in relation to the following offenses
is not required
to comply with this section until the
superintendent of the
bureau
of criminal identification and
investigation gives agencies in the
criminal justice system, as
defined in section 181.51 of the
Revised Code, in
the state
official notification that the state
DNA laboratory is
prepared to
accept DNA specimens
of that nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony violation of any law that arose out of the same
facts
and circumstances and same act as did a charge against the
person
of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12
of the Revised Code that previously was dismissed or
amended;
(4) A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2907.07. (A) No person shall solicit a person
who is
less than thirteen years of age to engage in sexual activity
with
the
offender, whether or not the offender knows the age of such
person.
(B) No person shall solicit a person of the same sex to
engage in sexual activity with the offender, when the offender
knows such solicitation is offensive to the other person, or is
reckless in that regard.
(C) No person shall solicit another, not the spouse of the
offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years
older than the other person, and the other person is
thirteen
years of age or older
but less than
sixteen
years of
age, whether
or
not the offender
knows the age of the
other
person.
(D)(C) No person shall solicit another by means of a
telecommunications
device, as defined in section 2913.01 of the
Revised Code,
to
engage in sexual activity with the offender when
the offender is eighteen
years of age or older and either of the
following applies:
(1) The other person is less than thirteen years of age, and
the
offender knows that the other person is less than thirteen
years of age or
is reckless in that regard.
(2) The other person is a law enforcement officer posing as
a
person who is less than thirteen years of age, and the offender
believes that
the
other person is less than thirteen years of age
or is reckless in that
regard.
(E)(D) No person shall solicit another by means of a
telecommunications device, as defined in section 2913.01 of the
Revised Code, to engage in sexual
activity with the offender when
the offender is eighteen years of age or older
and either of the
following applies:
(1) The other person is
thirteen years of age or
older but
less than
sixteen
years of
age,
the
offender knows
that the other
person is
thirteen years
of age or
older but
less than
sixteen
years of age or is
reckless in that
regard, and the offender is
four or more years
older than the
other person.
(2) The other person is a law enforcement officer posing as
a
person who is
thirteen years of age or older but
less than
sixteen years of age,
the
offender believes
that the
other person
is
thirteen years of age or
older but
less than
sixteen years of
age or is reckless
in that regard, and
the offender is four or
more years older than
the age the law
enforcement officer assumes
in posing as the
person who is
thirteen years of age or older but
less than
sixteen years of age.
(F)(E) Divisions (D)(C) and (E)(D) of this section apply
to any
solicitation that is
contained in a transmission via a
telecommunications device that either
originates in this state or
is received in this state.
(G)(F) Whoever violates this section is guilty of
importuning.
Violation of division
(B) of this section is
a misdemeanor of the
first degree.
A violation of division (A)
or (D)(C) of this section
is a
felony of the fourth degree on a first
offense and a felony
of the third
degree on each
subsequent offense. A violation of
division (C)(B) or
(E)(D) of this
section is a felony of the fifth
degree on a first offense and a
felony of the
fourth degree
on
each subsequent offense.
Sec. 2919.24. (A) No person, including a parent, guardian, or other custodian of a child, shall do
any of the
following:
(1) Aid, abet, induce, cause, encourage, or contribute to
a
child or a ward of the juvenile court becoming an unruly child,
as
defined in section 2151.022 of the Revised Code, or a
delinquent
child, as defined in section 2152.02 of the Revised
Code;
(2) Act in a way tending to cause a child or a ward of the
juvenile court to become an unruly child, as defined in section
2151.022 of the Revised Code, or a delinquent child, as defined
in
section 2152.02 of the Revised Code;
(3) If the person is the parent, guardian, or custodian of
a
child who has the duties under Chapters 2152. and 2950. of the
Revised Code
to register, to register a new residence address, and
to
periodically verify a residence address, and, if applicable, to send a notice of intent to reside, and if the child is not
emancipated, as defined in section 2919.121 of the Revised Code,
fail to ensure that the child complies with those duties under
Chapters 2152. and 2950. of the Revised Code.
(B) Whoever violates this section is guilty of
contributing
to the unruliness or delinquency of a child, a
misdemeanor of the
first degree. Each day of violation of this
section is a separate
offense.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act.
(C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code.
(G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs.
(L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of a
felony and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
felony.
(N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(O) "Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code.
(P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code.
(Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code.
(R) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(S) "House arrest" means a period of confinement of an
eligible offender that
is in the eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply:
(1) The eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the eligible offender is at the eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board.
(2) The eligible offender is required
to report periodically
to a person designated by the
court or parole board.
(3) The eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(T) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision.
(U) "Jail" means a jail, workhouse,
minimum security jail,
or other residential facility
used for the confinement of alleged
or convicted offenders that
is operated by a political subdivision
or a combination of
political subdivisions of this state.
(V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OMVI offense pursuant
to division (G)(2) of
section 2929.13 and division (A)(4) or (8) of
section 4511.99 of
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life.
(AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code.
(DD) "Repeat violent offender" means
a person about whom
both of the following apply:
(1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act.
(EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18 of the
Revised Code.
(FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to a felony.
(GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or electronically
monitored house arrest imposed after earning credits pursuant to
section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense.
(II) "Fourth degree felony
OMVI offense" means a violation
of division (A) of section
4511.19 of the Revised
Code that, under
section 4511.99 of
the Revised
Code, is a felony of the fourth
degree.
(JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OMVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division (A)(4) or (8) of section 4511.99
of
the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code.
(LL) "Habitual sex offender," "sexually oriented
offense,"
and "sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code.
(MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense.
(NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony OMVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
section 4511.99 of the Revised Code, is a felony of
the third
degree.
(RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in
section
2957.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources.
If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory prison term required for
the offense by
division (G)(1)
or (2) of this section, the
court shall impose upon the offender a
mandatory fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is applicable:
(1) For a fourth degree felony OMVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) For a third or fourth degree felony OMVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical
harm to a person.
(b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon.
(c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person.
(d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession
of a firearm.
(2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender.
(C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code.
(F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape;
(3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code;
(8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree;
(11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense;
(12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OMVI
offense or for a third degree felony OMVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony
OMVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days as specified
in division (A)(4) of section 4511.99 of
the Revised Code or a
mandatory term of local incarceration of one hundred
twenty days
as specified in division (A)(8) of that section. The court
shall
not reduce the term pursuant to
section 2929.20, 2967.193, or any
other provision of the Revised
Code. The court that imposes a
mandatory term of local incarceration
under this division shall
specify whether the term is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility, and the
offender shall serve the
term in the type of facility specified
by the court. A mandatory
term of local incarceration imposed
under division (G)(1) of this
section is not subject to extension
under section 2967.11 of the
Revised Code, to a period of post-release control
under section
2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term.
(2) If the offender is being sentenced for a third
degree
felony OMVI offense,
or if the offender is being sentenced for a
fourth degree felony OMVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of sixty days as specified in division (A)(4)
of
section 4511.99 of the Revised Code
or a mandatory prison term of
one hundred twenty days as specified in division
(A)(8) of that
section. The court shall not reduce the term pursuant
to section
2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section for a
fourth degree felony OMVI offense be
sentenced to another mandatory
term of local incarceration under
that division for any violation of division
(A) of section 4511.19
of the Revised Code. The court shall not sentence the
offender to
a
community control sanction under section 2929.16 or 2929.17 of
the Revised
Code. The department of rehabilitation and correction
may place an offender
sentenced to a mandatory prison term under
this division in an intensive
program prison established pursuant
to section 5120.033 of the Revised
Code if the department gave the
sentencing judge prior notice of its intent to
place the offender
in an intensive program prison established under that
section and
if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code that is privately operated
and managed by a
contractor pursuant to a contract entered into under section
9.06
of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies:
(1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section duties imposed under sections 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section, 2950.041, 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section, and
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section.
(J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997,
that is not a registration-exempt sexually oriented offense, and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, and before imposing sentence on or after May 7, 2002, on an offender who is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense and who was acquitted of a sexually violent predator specification included in the indictment, count in the indictment, or information charging the sexually oriented offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and, if a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense, and if the offender was convicted of or pleaded guilty to that sexually violent predator specification. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code.
Before imposing sentence on or after the effective date of this amendment on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code.
(B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender.
(b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences;
(d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term;
(e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term.
(3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person;
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section;
(e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender;
(f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse.
(4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator,
if the offender is being sentenced on or after the effective date of this amendment for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator, or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after
the effective date of this
amendment, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated as
being a sexual
predator, has been adjudicated a child-victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division.
(5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.25 of the
Revised
Code, the court shall consider the offender's present and
future ability to
pay the amount of the sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, and
if the local detention facility is covered by a policy adopted
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code
and section 2929.37 of the Revised Code, both of the following
apply:
(a) The court shall specify both of the following as part of
the sentence:
(i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section.
(ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section.
(b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section.
(C)(1) If the offender is being sentenced for a fourth
degree felony
OMVI offense under division (G)(1) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
term
of local
incarceration in accordance with that division,
shall impose a mandatory fine
in accordance with division (B)(3)
of section 2929.18 of the Revised Code,
and, in addition, may
impose additional sanctions as specified in sections
2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code. The court
shall
not impose a prison term on the offender.
(2) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
prison term in accordance with that
division, shall impose a
mandatory fine in accordance with division (B)(3) of
section
2929.18 of the Revised Code, and, in addition, may impose an
additional prison term as specified in section 2929.14 of the
Revised Code.
The court shall not impose any community control
sanction on the offender.
(D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.21. (A) Except as provided in division (G) of
this
section or in section 2929.23
of the Revised Code, whoever is
convicted of or pleads guilty to
a misdemeanor other than a minor
misdemeanor shall be imprisoned
for a definite term or fined, or
both, which term of imprisonment
and fine shall be fixed by the
court as provided in this section.
Whoever is convicted of or pleads guilty to committing,
attempting to commit, or complicity in committing a violation of
section 2909.03 of the Revised Code that is a misdemeanor, or a
violation of division (A)(2) of section 2909.06 of the Revised
Code when the means used are fire or explosion, shall be required
to reimburse agencies for their investigation or prosecution
costs
in accordance with section 2929.28 of the Revised Code.
(B) Except as provided in division (G) of this
section,
terms of imprisonment for misdemeanor shall be imposed as
follows:
(1) For a misdemeanor of the first degree, not more than
six
months;
(2) For a misdemeanor of the second degree, not more than
ninety days;
(3) For a misdemeanor of the third degree, not more than
sixty days;
(4) For a misdemeanor of the fourth degree, not more than
thirty days.
(C) Fines for misdemeanor shall be imposed as follows:
(1) For a misdemeanor of the first degree, not more than
one
thousand dollars;
(2) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars;
(3) For a misdemeanor of the third degree, not more than
five hundred dollars;
(4) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars.
(D) Whoever is convicted of or pleads guilty to a minor
misdemeanor shall be fined not more than one hundred dollars.
(E) The court may require a person who is convicted of or
pleads guilty to a misdemeanor to make restitution for all or
part
of the property damage that is caused by the offense
and for all
or part of the value of the property that is the subject of
any
theft offense, as defined in division (K) of section 2913.01
of
the Revised Code, that the person committed. If the court
determines that the victim of the offense was sixty-five years of
age or older or permanently or totally disabled at the time of
the
commission of the offense, the court, regardless of whether
the
offender knew the age of victim, shall consider this fact in
favor
of imposing restitution, but this fact shall not control
the
decision of the court.
(F)(1) If a person is sentenced to a term of imprisonment
pursuant to this section and the term of imprisonment is to be
served in a county jail in a county that has established a county
jail industry program pursuant to section 5147.30 of the Revised
Code, the court shall specify, as part of the sentence, whether
the person may be considered by the county sheriff of that county
for participation in the county jail industry program. The court
shall retain jurisdiction to modify its specification made
pursuant to this division during the person's term of
imprisonment
upon a reassessment of the person's qualifications
for
participation in the program.
(2) If a person is sentenced to a term of imprisonment
pursuant to this section that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, the
court may impose as part of the sentence pursuant to section
2929.36 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility is covered by a policy adopted
pursuant
to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or 2947.19 of the Revised Code
and section
2929.37 of the Revised Code, both of the following
apply:
(a) The court shall specify both of the following as part of
the sentence:
(i) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section.
(ii) If the person does not dispute the bill described in
division (F)(2)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
person as described in
that section.
(b) The sentence automatically includes any certificate of
judgment issued as described in division (F)(2)(a)(ii) of this
section.
(G) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
January
1,
1997, and if the
judge
imposing sentence for the
sexually oriented offense determines
pursuant to division (B) of
section 2950.09 of the Revised
Code
that the offender is a sexual
predator, the judge
shall include in
the offender's sentence a
statement that the offender has
been
adjudicated as being a sexual
predator, shall comply with the
requirements of section 2950.03 of
the Revised Code, and shall
require the offender to submit
to a
DNA specimen collection
procedure pursuant to
section 2901.07 of
the Revised Code.
(H) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor, that was
committed on
or after
January
1, 1997, and that is not a registration-exempt sexually oriented offense, the judge shall conduct a
hearing in accordance with
division (B) of section 2950.09 of the
Revised Code to determine
whether the offender is a sexual
predator. Before imposing
sentence on an
offender who is being
sentenced for a sexually
oriented offense that is not a registration-exempt sexually oriented offense,
the court also shall
comply with division (E) of
section 2950.09 of
the Revised Code.
Before imposing sentence on or after the effective date of this amendment on an offender who is being sentenced for a child-victim oriented offense that is a misdemeanor, regardless of when the offense was committed, the judge shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code.
(I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense that is a misdemeanor committed on or after
January
1, 1997, the judge shall
include in the sentence
a summary
of the offender's duty to
register pursuant to section duties imposed under sections 2950.04 of
the Revised Code,
the
offender's duty to provide notice of a
change in residence address
and
register the new residence address
pursuant to section, 2950.041, 2950.05
of the
Revised Code,
the offender's
duty to periodically verify
the offender's current residence
address pursuant to section, and
2950.06 of the
Revised Code,
and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration and,
if required
under division
(A)(2) of section 2950.03 of
the
Revised Code, shall perform the
duties specified in
that section.
Sec. 2935.36. (A) The prosecuting attorney may establish
pre-trial diversion programs for adults who are accused of
committing criminal offenses and whom the prosecuting
attorney believes probably will not offend again. The programs shall be
operated pursuant to
written standards approved by journal entry by the presiding
judge or, in courts with only one judge, the judge of the court
of common pleas and shall not be applicable to any of the
following:
(1) Repeat offenders or dangerous offenders;
(2) Persons accused of an offense of violence, of a
violation of section 2903.06, 2907.04, 2907.05,
2907.21, 2907.22, 2907.31, 2907.32, 2907.34, 2911.31, 2919.12,
2919.13, 2919.22, 2921.02, 2921.11, 2921.12, 2921.32, or 2923.20
of the Revised Code, or of a violation of section 2905.01, 2905.02, or
2919.23 of the Revised Code that, had it occurred prior to
July 1,
1996, would have been a violation of section
2905.04 of the Revised Code as it existed prior to that
date, with the exception that the prosecuting
attorney may permit persons accused of any such offense to enter a
pre-trial diversion program, if the prosecuting attorney
finds any of the following:
(a) The accused did not cause, threaten, or intend serious
physical harm to any person;
(b) The offense was the result of circumstances not likely
to recur;
(c) The accused has no history of prior delinquency or
criminal activity;
(d) The accused has led a law-abiding life for a
substantial time before commission of the alleged offense;
(e) Substantial grounds tending to excuse or justify the
alleged offense.
(3) Persons accused of a violation of Chapter 2925. or
3719. of the Revised Code;
(4) Drug dependent persons or persons in danger of
becoming drug dependent persons, as defined in section 3719.011
of the Revised Code. However, this division does not affect the
eligibility of such persons for intervention in lieu
of conviction
pursuant to section 2951.041 of the Revised Code.
(5) Persons accused of a violation of section 4511.19 of
the Revised Code or a violation of any substantially similar
municipal ordinance.
(B) An accused who enters a diversion program shall do all of the
following:
(1) Waive, in writing and contingent upon the accused's
successful completion of the program, the accused's right to a speedy
trial, the preliminary hearing, the time period within which the grand jury
may consider an indictment against the accused, and arraignment, unless
the hearing, indictment, or arraignment has already occurred;
(2) Agree, in writing, to the tolling while in the program
of all periods of limitation established by statutes or rules of
court, that are applicable to the offense with which the
accused is
charged and to the conditions of the diversion program
established by the prosecuting attorney.
(C) The trial court, upon the application of the
prosecuting attorney, shall order the release from confinement of
any accused who has agreed to enter a pre-trial diversion program
and shall discharge and release any existing bail and release any
sureties on recognizances and shall release the accused on a
recognizance bond conditioned upon the accused's compliance with
the terms of the diversion program. The prosecuting attorney
shall notify every victim of the crime and the arresting officers
of the prosecuting attorney's intent to permit the accused
to enter a pre-trial
diversion program. The victim of the crime and the arresting
officers shall have the opportunity to file written objections
with the prosecuting attorney prior to the commencement of the
pre-trial diversion program.
(D) If the accused satisfactorily completes the diversion
program, the prosecuting attorney shall recommend to the trial
court that the charges against the accused be dismissed, and the
court, upon the recommendation of the prosecuting attorney, shall
dismiss the charges. If the accused chooses not to enter the
prosecuting attorney's diversion program, or if the accused
violates the conditions of the agreement pursuant to which the
accused has been released, the accused may be brought to trial upon the
charges in the manner provided by law, and the waiver executed pursuant to
division (B)(1) of this section shall be void on the date the
accused is removed from the program for the violation.
(E) As used in this section:
(1) "Repeat offender" means a person who has a history of persistent
criminal activity and whose character and condition reveal a substantial risk
that the person will commit another offense. It is
prima-facie evidence that a person
is a repeat offender if any of the following applies:
(a) Having been convicted of one or more offenses of violence and
having been imprisoned pursuant to sentence for any such offense,
the person commits a subsequent offense of violence;
(b) Having been convicted of one or more sexually oriented
offenses or child-victim oriented offenses, both as defined
in section 2950.01 of the Revised Code, and having been
imprisoned pursuant to sentence for one or more of those offenses,
the person commits a subsequent sexually oriented offense or child-victim oriented offense;
(c) Having been convicted of one or more theft offenses as defined
in section 2913.01 of the Revised Code and having been
imprisoned pursuant to sentence for one or more of those theft offenses,
the person commits a subsequent theft offense;
(d) Having been convicted of one or more felony drug abuse
offenses as defined in section 2925.01 of the Revised Code
and having been imprisoned pursuant to sentence for one or more of those
felony drug abuse offenses, the person commits a subsequent felony
drug abuse offense;
(e) Having been convicted of two or more felonies and having been
imprisoned pursuant to sentence for one or more felonies, the
person commits a subsequent offense;
(f) Having been convicted of three or more offenses of any type or
degree other than traffic offenses, alcoholic intoxication offenses, or minor
misdemeanors and having been imprisoned pursuant to sentence for any such
offense, the person commits a subsequent offense.
(2) "Dangerous offender" means a person who has committed an offense,
whose history, character, and condition reveal a substantial risk that the
person will be a danger to others, and whose conduct has been characterized by
a pattern of
repetitive, compulsive, or aggressive behavior with heedless indifference to
the consequences.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply:
(1) The person is convicted of or pleads guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication.
(2) One of the following applies to the person:
(a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses or child-victim oriented offenses
and was
classified a
juvenile sex offender registrant or
out-of-state
juvenile sex
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense.
(b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense.
(C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following:
(1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older:
(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised
Code;
(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(i) A violation of division (A)(4) of section 2905.01, 2905.02, 2905.03,
2905.05, or section 2907.04
or former section 2905.04, 2907.06, or 2907.08 of the
Revised Code,
when the victim
of the offense is under eighteen
years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age;
(vi) A violation of division (D) or (E) of section 2907.07 of
the Revised Code (A)(1), (2), (3), or (5) of section 2905.01, of section 2903.211, 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code, when the victim of the offense is under eighteen years of age and the offense is committed with a sexual motivation.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender sexual motivation;
(d) A sexually violent offense;
(e) A violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the offense is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the offense is eighteen years of age or older and the offense is committed with a sexual motivation;
(f) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
or any existing or former law applicable in a
military court or
in an
Indian tribal court, or any existing or former law of any nation other than the United States, that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c), or
(d), or (e) of this
section;
(f)(g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e), or (f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a)
Subject to
division (D)(2)(h)(i) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
or 2907.05, or 2907.07 of
the Revised Code;
(b) Subject to division (D)(2)(h)(i) of this section, any of
the following acts involving a minor in the circumstances
specified:
(i) A violation of division (A)(4) of section 2905.01 or 2905.02 section 2907.06 or 2907.08 of the
Revised
Code, or of former section 2905.04 of the Revised Code,
when the
victim of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age;
(iv) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, section 2903.211, or former section 2905.04 of the Revised Code, when the victim of the violation is under eighteen years of age and the offense is committed with a sexual motivation.
(c) Subject to division (D)(2)(h)(i) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(d) Subject to division (D)(2)(h)(i) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation sexual motivation;
(e) Subject to division (D)(2)(h)(i) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation;
(f) Subject to division (D)(2)(i) of this section, a violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the violation is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the violation is eighteen years of age or older and the offense is committed with a sexual motivation;
(g) Subject to division (D)(2)(h)(i) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
or any existing or former law applicable in a military court or in
an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), or (e), or (f) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree;
(g)(h) Subject to division (D)(2)(h)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f), or (g) of this section;
(h)(i) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
or
(f), or (g) of this section or would be any offense listed in any
of those
divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies:
(1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses.
(F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or
probation, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer,
or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code:
(1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and that is not a registration-exempt sexually oriented offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense.
(2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator.
(3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense that is not a registration-exempt sexually oriented offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator.
(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually oriented offense in
another state or, in a federal court, military
court, or an Indian
tribal court, or in a court in any nation other than the United States, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
January 1, 2002, for
delinquent children, the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than seven five days or the offender is required under section 2950.04 of the Revised Code to register a school, institution of higher education, or place of employment address in this state,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code.
(H) "Sexually violent predator specification," and "sexually
violent offense," "sexual motivation," and "violent sex offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
sex offender registrant and
specifies has a duty to
register under
section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if the child committed a sexually oriented offense or with sections 2950.041, 2950.05, and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Juvenile offender registrant" includes a person who, prior to the effective date of this amendment, was a "juvenile sex offender registrant" under the former definition of that former term.
(K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in a court in another state or, in a federal court,
military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
seven five days, and who has a duty under
section 2950.04 of the
Revised Code has
a duty to register in this
state as described in
that section and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a sexually oriented offense or has a duty under section 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Out-of-state juvenile offender registrant" includes a person who, prior to the effective date of this amendment, was an "out-of-state juvenile sex offender registrant" under the former definition of that former term.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after June 13, 2002, or a violation of division (A)(2) of that section committed on or after the effective date of this amendment.
(P)(1) "Presumptive registration-exempt sexually oriented offense" means any of the following sexually oriented offenses described in division (P)(1)(a), (b), (c), (d), or (e) of this section, when the offense is committed by a person who previously has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section, any other sexually oriented offense, or any child-victim oriented offense and when the victim or intended victim of the offense is eighteen years of age or older:
(a) Any sexually oriented offense listed in division (D)(1)(e) or (D)(2)(f) of this section committed by a person who is eighteen years of age or older or, subject to division (P)(1)(e) of this section, committed by a person who is under eighteen years of age;
(b) Any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is eighteen years of age or older and that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is under eighteen years of age, that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section, and that would be a felony of the fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (P)(1)(a) or (b) of this section if the person is eighteen years of age or older or, subject to division (P)(1)(e) of this section, listed in division (P)(1)(a) or (c) of this section if the person is under eighteen years of age.
(e) Regarding an act committed by a person under eighteen years of age, if the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any sexually oriented offense listed in division (P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented offense" does not include any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section that is committed by a person who previously has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section or any other sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means any presumptive registration-exempt sexually oriented offense, if a court does not issue an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender who was convicted of or pleaded guilty to the offense to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that removes the presumptive exemption and potentially subjects the child who was adjudicated a delinquent child for committing the offense to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not include a presumptive registration-exempt sexually oriented offense if a court issues an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender or potentially subjects the delinquent child to the duties and responsibilities described in division (Q)(1) of this section.
(R)
"School" and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(S)(1) "Child-victim oriented offense" means any of the following:
(a) Subject to division (S)(2) of this section, any of the following violations or offenses committed by a person eighteen years of age or older, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code;
(ii) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act committed by a person under eighteen years of age that is any of the following, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a violation of division (A)(1), (2), (3), or (5) of section 2905.01 or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(b)(i) of this section and that, if committed by an adult, would be a felony of the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(b)(i) or (ii) of this section;
(iv) If the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any violation listed in division (S)(1)(a)(i), (ii), or (iii) of this section or would be any offense listed in any of those divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense. An offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense is within the definition of a sexually oriented offense.
(T)(1) "Habitual child-victim offender" means, except when a juvenile judge removes this classification pursuant to division (A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of the Revised Code, a person to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a child-victim oriented offense, or the person is adjudicated a delinquent child for committing on or after January 1, 2002, a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and is classified a juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person previously was convicted of or pleaded guilty to one or more child-victim oriented offenses or previously was adjudicated a delinquent child for committing one or more child-victim oriented offenses and was classified a juvenile offender registrant or out-of-state juvenile offender registrant based on one or more of those adjudications, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(ii) Regarding a delinquent child, the person previously was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing one or more child-victim oriented offenses, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and who, on and after the effective date of this amendment, is automatically classified a habitual child-victim offender pursuant to division (E) of section 2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of the following applies:
(1) The person has been convicted of or pleaded guilty to committing a child-victim oriented offense and is likely to engage in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, was classified a juvenile offender registrant based on that adjudication, and is likely to engage in the future in one or more child-victim oriented offenses.
(V) An offender or delinquent child is "adjudicated as being a child-victim predator" or "adjudicated a child-victim predator" if any of the following applies and if, regarding a delinquent child, that status has not been removed pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and, on and after the effective date of this amendment, is automatically classified a child-victim predator pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was committed, on or after the effective date of this amendment, the offender is sentenced for a child-victim oriented offense, and the sentencing judge determines pursuant to division (B) of section 2950.091 of the Revived Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and has been classified a juvenile offender registrant based on that adjudication, and the adjudicating judge or that judge's successor in office determines pursuant to division (B) of section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the delinquent child is a child-victim predator.
(4) Prior to the effective date of this section, the offender was convicted of or pleaded guilty to a child-victim oriented offense, at the time of the conviction or guilty plea, the offense was considered a sexually oriented offense, on or after the effective date of this amendment, the offender is serving a term of imprisonment in a state correctional institution, and the court determines pursuant to division (C) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(5) Regardless of when the child-victim oriented offense was committed, the offender or delinquent child is convicted, pleads guilty, has been convicted, pleaded guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, as a result of that conviction, plea of guilty, or adjudication, the offender or delinquent child is required under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, to register as a child-victim offender or sex offender until the offender's or delinquent child's death, and, on or after July 1, 1997, for offenders or January 1, 2002, for delinquent children the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days or the offender is required under section 2950.041 of the Revised Code to register a school, institution of higher education, or place of employment address in this state, unless a court of common pleas or juvenile court determines that the offender or delinquent child is not a child-victim predator pursuant to division (F) of section 2950.091 of the Revised Code.
(W) "Residential premises" means the building in which a residential unit is located and the grounds upon which that building stands, extending to the perimeter of the property. "Residential premises" includes any type of structure in which a residential unit is located, including, but not limited to, multi-unit buildings and mobile and manufactured homes.
(X) "Residential unit" means a dwelling unit for residential use and occupancy, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two or more persons who maintain a common household.
(Y) "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units. A residential unit is not considered located in a multi-unit building if the unit does not have an entry door that opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building that is not a multi-unit building as described in this division.
Sec. 2950.02. (A) The general assembly
hereby determines
and declares that it recognizes and finds all of the
following:
(1) If the public is provided adequate notice and
information about
sexual predators, habitual sex offenders, and
certain
other offenders
and delinquent children who
commit
sexually oriented offenses that are not registration-exempt sexually oriented offenses or who commit child-victim oriented offenses, members of the public
and
communities
can
develop constructive plans to prepare themselves
and their
children for the
sexual predator's, habitual sex
offender's, or
other offender's
or
delinquent child's
release from
imprisonment,
a prison term, or other
confinement
or detention.
This allows
members of the public and
communities to meet with
members of law
enforcement agencies to prepare and obtain
information about
the
rights and responsibilities of the public
and the communities and
to
provide education and counseling to
their children.
(2) Sexual predators and habitual sex Sex offenders and offenders who commit child-victim oriented offenses
pose a high
risk of engaging in further offenses sexually abusive behavior even after being released
from imprisonment, a prison term, or other confinement
or
detention, and
that protection of
members of the public from sexual
predators and habitual sex offenders and offenders who commit child-victim oriented offenses is a
paramount governmental
interest.
(3) The penal,
juvenile, and mental health components of
the
justice system of
this state are largely hidden from public view,
and a lack of information
from
any component may result in
the
failure of
the system to satisfy
this paramount
governmental
interest of public safety described in division
(A)(2) of this
section.
(4) Overly restrictive confidentiality and liability laws
governing
the release of information about sexual predators and
habitual sex
offenders and offenders who commit child-victim oriented offenses have reduced the willingness to release
information that could be
appropriately released under the public
disclosure laws and have
increased risks of public safety.
(5) A person who is found to be a sexual predator or a
habitual sex offender or to have committed a child-victim oriented offense has a reduced expectation of privacy because
of the public's interest in public safety and in the effective
operation of
government.
(6) The release of information about sexual predators and
habitual sex offenders and offenders who commit child-victim oriented offenses to public agencies and the general public
will further the governmental interests of public safety and
public scrutiny
of the criminal,
juvenile, and mental health
systems as
long as the information released
is rationally related
to the furtherance of those goals.
(B) The general assembly hereby
declares that, in providing
in this chapter for registration regarding
sexual predators,
habitual sex offenders, and offenders
and certain
delinquent
children who
have
committed sexually oriented offenses that are not registration-exempt sexually oriented offenses or who have committed child-victim oriented offenses and for
community
notification regarding
sexual predators
and, child-victim predators, habitual sex
offenders, and habitual child-victim offenders
who are about to be or have been released from
imprisonment, a
prison term, or other confinement
or detention and
who
will live
in
or near
a particular neighborhood or who
otherwise will live in
or near a particular
neighborhood, it is
the general assembly's
intent to protect the safety and
general
welfare of the people of
this state. The general assembly further
declares that it is the
policy of this state to require the
exchange in
accordance with
this chapter of relevant information
about sexual predators
and
habitual sex offenders and offenders who commit child-victim oriented offenses among public
agencies and
officials and to
authorize the release in accordance
with this chapter of
necessary
and relevant information about
sexual predators and
habitual sex
offenders and offenders who commit child-victim oriented offenses to members of the
general public as a means of
assuring
public protection and that
the exchange or release of that
information is not punitive.
Sec. 2950.021. (A) If an offender is convicted of or pleads guilty to, or a child is adjudicated a delinquent child for committing, any presumptive registration-exempt sexually oriented offense, the court that is imposing sentence on the offender for that offense or the juvenile court that is making the disposition of the delinquent child for that offense may determine, prior to imposing the sentence or making the disposition, that the offender should be subjected to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that the child potentially should be subjected to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense. The court may make a determination as described in this division without a hearing but may conduct a hearing on the matter. In making a determination under this division, the court shall consider all relevant factors, including, but not limited to, public safety, the interests of justice, and the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code.
(B) If a court determines under division (A) of this section that an offender who has been convicted of or pleaded guilty to a presumptive registration-exempt sexually oriented offense should be subjected to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that a delinquent child potentially should be subjected to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense, all of the following apply:
(1) The court shall issue an order that contains its determination and that removes the presumptive exemption from registration for the sexually oriented offense, shall include the order in the offender's sentence or in the delinquent child's dispositional order, and shall enter the order in the record in the case.
(2) Regarding an offender, the presumptive exemption from registration is terminated, and the offender is subject to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
(3) Regarding a delinquent child, the presumptive exemption from registration is terminated, the delinquent child is potentially subject to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense, and the juvenile court shall proceed as required and may proceed as authorized under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code regarding the child in the same manner as for persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
Sec. 2950.022. There is hereby created in the state
treasury the sex offender technology fund. The attorney general
shall administer the fund. The fund shall be used only for the
following purposes:
(A) The establishment and operation by the attorney general
of a sex offender and child-victim offender tracking program as described in division (A) of
section 2950.13 of the Revised Code, including, if applicable, any
costs associated with publicly disseminating or causing to be
publicly disseminated by means of the internet as described in
division (B) of that section the information contained in the
program;
(B) The making of payments to sheriffs for their costs in
publicly disseminating or causing to be publicly disseminated by
means of the internet any statements, information, photographs, or
fingerprints of the type described in division (A) of section
2950.08 of the Revised Code or in performing any duties imposed
upon sheriffs by sections 2950.04, 2950.041, 2950.05, 2950.06, 2950.10, 2950.11, and 2950.111 of the Revised Code.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense that is not a registration-exempt sexually oriented offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, and each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense that is not a registration-exempt sexually oriented offense and who is classified pursuant to section 2152.82 or
division (A) of section 2152.83
of the Revised Code a juvenile
sex
offender registrant based on
that adjudication, each person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a child-victim oriented offense and has a duty to register pursuant to section 2950.041 of the Revised Code, and each person who is adjudicated a delinquent child for committing a child-victim oriented offense and who is classified a juvenile offender registrant based on that adjudication shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duty to
register under
section duties imposed under sections
2950.04
of
the
Revised Code, the offender's
or delinquent child's
duty to
provide
notice of any change in the offender's
or
delinquent
child's
residence address and to register the new
residence
address
pursuant to section, 2950.041, 2950.05 of the Revised Code,
and the
offender's
or delinquent child's duty to periodically
verify the
offender's
or delinquent child's residence address
pursuant to
section, and 2950.06 of the Revised Code and of the offender's duties to similarly register, provide notice of a change, and verify addresses in another state if the offender resides, is temporarily domiciled, attends a school or institution of higher education, or is employed in a state other than this state. A person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is a registration-exempt sexually oriented offense, and a person who is or has been adjudicated a delinquent child for committing a sexually oriented offense that is a registration-exempt sexually oriented offense, does not have a duty to register under section 2950.04 of the Revised Code based on that conviction, guilty plea, or adjudication, and no notice is required to be provided to that person under this division based on that conviction, guilty plea, or adjudication. The following
official shall
provide the notice required under this division to the offender
or delinquent
child specified person at the
following time:
(1) Regardless of when the offender person committed the sexually
oriented offense or child-victim oriented offense, if the
person is an offender
who is sentenced
for the sexually
oriented offense or child-victim oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement, and if, on or
after January 1, 1997,
the offender is serving that term or is
under that confinement,
the official in charge of the jail,
workhouse, state correctional
institution, or other institution in
which the offender serves the
prison term, term of imprisonment,
or confinement, or a designee
of that official, shall provide the
notice to the offender before
the offender is released pursuant to
any type of supervised
release or before the offender otherwise is
released from the
prison term, term of imprisonment, or
confinement. This division applies to a child-victim oriented offense if the offender is sentenced for the offense on or after the effective date of this amendment or if, prior to the effective date of this amendment, the child-victim oriented offense was a sexually oriented offense and the offender was sentenced as described in this division for the child-victim oriented offense when it was designated a sexually oriented offense. If a person was provided notice under this division prior to the effective date of this amendment in relation to an offense that, prior to the effective date of this amendment, was a sexually oriented offense but that, on and after the effective date of this amendment, is a child-victim oriented offense, the notice provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense.
(2) Regardless of when the offender person committed the sexually
oriented offense or child-victim oriented offense, if the
person is an offender
who is sentenced
for
the sexually oriented offense on
or after January 1,
1997, or who is sentenced for the child-victim oriented offense on or after the effective date of this amendment
and if division (A)(1) of this section
does not apply, the
judge
shall provide the notice to the offender
at the time of
sentencing. If a person was provided notice under this division prior to the effective date of this amendment in relation to an offense that, prior to the effective date of this amendment, was a sexually oriented offense but that, on and after the effective date of this amendment, is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the duty to
register, the
duty to provide notice of any change in residence
address and to
register the new residence address, and the duty to
periodically
verify the residence address, as described in
division (A) of this
section offender's duties imposed under sections 2950.04, 2950.05, and 2950.06 of the Revised Code.
(4) If the
person is an offender of the type
described in
division (A)(1) of this section and if, subsequent to
release, the
offender is adjudicated as being a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code or a child-victim predator pursuant to division (C) of section 2950.091 of the Revised Code,
the judge
shall provide the notice to the offender at the time of
adjudication.
(5) If the person is a delinquent child who is classified
pursuant to
section 2152.82 or division (A) of section 2152.83 of
the Revised Code a
juvenile sex offender
registrant, the judge
shall
provide the
notice to the delinquent child at the time of
the classification specified in division (B) of section 2152.82, division (D) of section 2152.83, division (C) of section 2152.84, or division (E) of section 2152.85 of the Revised Code, whichever is applicable. If a delinquent child was provided notice under this division prior to the effective date of this amendment in relation to an offense that, prior to the effective date of this amendment, was a sexually oriented offense but that, on and after the effective date of this amendment, is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the delinquent child of the delinquent child's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the adjudication as a delinquent child for the child-victim oriented offense.
(6) If the person is an offender in any category described in division (A)(1), (2), (3), or (4) of this section and if, prior to the effective date of this amendment, the offender was provided notice of the offender's duties in accordance with that division, not later than ninety days after the effective date of this amendment, the sheriff with whom the offender most recently registered or verified an address under section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall provide notice to the offender of the offender's duties imposed on and after the effective date of this amendment pursuant to any of those sections to register a school, institution of higher education, or place of employment address, provide notice of a change of that address, and verify that address. The sheriff may provide the notice to the offender at the time the offender registers, provides notice of a change in, or verifies a residence, school, institution of higher education, or place of employment address under any of those sections within the specified ninety-day period. If the offender does not so register, provide notice of a change in, or verify an address within the specified ninety-day period, the sheriff shall provide the notice to the offender by sending it to the offender at the most recent residence address available for the offender. If the offender was required to register prior to the effective date of this amendment and failed to do so, the failure to register constitutes a waiver by the offender of any right to notice under this division. If the offender has not registered prior to the effective date of this amendment, the offender is presumed to have knowledge of the law and of the duties referred to in this division that are imposed on and after the effective date of this amendment. If an offender does not receive notice under this division, the offender is not relieved of any of the duties described in this division.
(7) If the person is an offender or delinquent child who has a duty to register in this state pursuant to division (A)(3) of section 2950.04 or 2950.041 of the Revised Code, the offender or delinquent child is presumed to have knowledge of the law and of the offender's or delinquent child's duties imposed under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B)(1) The notice provided under division (A) of this
section shall inform the offender
or delinquent child of the offender's or delinquent child's
duty
to register under section 2950.04 of the Revised
Code, to notify
the appropriate officials provide notice of a change in the
offender's
or
delinquent child's residence address or in the offender's school, institution of higher education, or place of employment address, as applicable, and to register
the new
residence address in accordance with section 2950.05 of
the
Revised Code, and to periodically verify a the offender's or delinquent child's residence address
under
section or the offender's school, institution of higher education, or place of employment address, as applicable, and, if applicable, to provide notice of the offender's or delinquent child's intent to reside, pursuant to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. The notice shall specify that, for an offender, it applies regarding residence addresses or school, institution of higher education, and place of employment addresses and that, for a delinquent child, it applies regarding residence addresses. Additionally, it shall inform the offender of the offender's duties to similarly register, provide notice of a change in, and verify those addresses in states other than this state as described in division (A) of this section. A notice provided under division (A)(6) of this section shall state the new duties imposed on the offender on and after the effective date of this amendment to register, provide notice of a change in, and periodically verify, a school, institution of higher education, or place of employment address and specify that the new duties are in addition to the prior duties imposed upon the offender. A notice provided under division (A)(1), (2), (3), (4), or (5) of this section shall
comport
with the following:
(a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall be on a form that is
prescribed by the
bureau of criminal identification and
investigation and that
states state the offender's duties to register, to file a notice of intent to reside, if applicable,
to register a new
residence address or new school, institution of higher education, or place of employment address, and to periodically verify a
residence address those addresses, the offender's duties in other states as described in division (A) of this section,
and that, if the offender has any questions
concerning these
duties, the offender may contact the chief of
police or sheriff
who sent the form for an explanation of the
duties. If the
offender appears in person before the chief of
police or sheriff,
the chief or sheriff shall provide the notice
as described in
division (B)(1)(a) of this section, and all
provisions of this
section that apply regarding a notice provided
by an official,
official's designee, or judge in that manner shall
be applicable.
(b) If the notice is provided
to an offender under division
(A)(1), (2), or
(4) of this section, the official, official's
designee, or judge
shall require the offender to read and sign a
form prescribed by
the bureau of criminal identification and
investigation, stating
that the offender's duties to register, to file a notice of intent to reside, if applicable, to
register a new
residence address or new school, institution of higher education, or place of employment address, and to periodically verify a
residence address those addresses, and the offender's duties in other states as described in division (A) of this section
have been explained to the offender. If the
offender is unable to
read, the official, official's designee, or
judge shall certify on
the form that the official, designee, or
judge specifically
informed the offender of those duties and that
the offender
indicated an understanding of those duties.
(c)
If the notice is provided
to a delinquent child under
division
(A)(5) of this
section, the
judge shall require the
delinquent child and the
delinquent child's parent,
guardian, or
custodian to read and sign
a form prescribed by the
bureau of
criminal identification and
investigation, stating
that the
delinquent child's duties to
register, to file a notice of intent to reside, if applicable, to register a new
residence
address, and to periodically
verify a residence that
address have been
explained to the delinquent
child and to the delinquent child's
parent, guardian, or custodian.
If the delinquent child or the
delinquent child's parent,
guardian, or custodian is unable to
read, the
judge shall certify
on the form that the judge
specifically
informed the delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties.
(d) For any (2) The notice provided under division divisions (A)(1) to (6) of this
section, the form used shall be on a form prescribed by the bureau of criminal identification and investigation and shall contain all of the information specified in division (A) of this section and all of the information
required by the bureau of criminal identification and
investigation, including, but. The notice provided under divisions (A)(1) to (5) of this section shall include, but is not limited to,
a statement that the
subject delinquent child if applicable has been classified by the
adjudicating juvenile court judge or the judge's successor in
office a juvenile sex offender
registrant and has a duty to
register all of the following:
(a) For any notice provided under division (A)(1) to (5) of this section, a statement as to
whether
the offender
or delinquent
child has been adjudicated as
being a
sexual predator or a child-victim predator relative to
the sexually oriented offense or child-victim oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender or habitual child-victim offender,
a statement as to whether the offense for
which the offender has the duty to register is an aggravated
sexually oriented offense committed on or after the effective date
of this amendment or is a sexually oriented offense
committed on or after the effective date of this amendment, an
explanation of the offender's periodic residence address or periodic school, institution of higher education, or place of employment
address verification process
and or of the delinquent child's periodic residence address verification process, an explanation of the frequency with which the
offender
or delinquent child
will be required to verify the
residence address those addresses under that
process, and a statement that the
offender
or delinquent child
must verify the residence address those addresses at
the times specified under
that process or face criminal
prosecution
or a delinquent child
proceeding, and an explanation of the offender's duty to similarly register, verify, and reregister those addresses in another state if the offender resides in another state, attends a school or institution of higher education in another state, or is employed in another state.
(e)(b) If the notice is provided under division (A)(4) of
this
section,
in addition to all other information contained on
it, the
form also shall include a statement that the
notice
replaces any
notice previously provided to the offender
under
division (A)(1)
of this section, a statement that the
offender's
duties described
in this notice supersede the duties
described in
the prior notice,
and a statement notifying the
offender that, if
the offender
already has registered under
section 2950.04 or 2950.041 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section.;
(c) If the notice is provided under division (A)(5) of this section, a statement that the delinquent child has been classified by the adjudicating juvenile court judge or the judge's successor in office a juvenile offender registrant and has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(f)(d) If the notice is provided under division (A)(5) of this
section, the form, in addition to all other information contained
on it, shall inform the delinquent child and the delinquent
child's parent, guardian, or custodian a statement that, if the delinquent
child fails to comply with the requirements of sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the
child is under eighteen years of age, unless the child is
emancipated, as defined in section 2919.121 of the Revised Code,
the failure of the parent, guardian, or custodian to ensure that
the child complies with those requirements is a violation of
section 2919.24 of the Revised Code and may result in the
prosecution of the parent, guardian, or custodian for that
violation.
(2)(3)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in division divisions
(B)(1) and (2) of this section or the official, official's designee, or
judge has certified on
the form that
the form has been
explained
to the offender and that the offender indicated an
understanding
of the duties indicated on it, the official,
official's designee,
or judge shall give one copy of the form to
the offender, within
three days shall send one copy of the form to
the bureau of
criminal identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the Revised
Code, and shall send one copy of the form to the
sheriff of the
county in which the offender expects to reside.
(b) After a chief of police or sheriff has sent a form to an
offender under division (A)(3) of this section, the chief or
sheriff shall send a copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13 of the Revised Code.
(c) After a delinquent child described in division
(A)(5) of
this section and the
delinquent child's parent, guardian, or
custodian have signed the form
described in division divisions (B)(1) and (2) of
this section or the judge has certified on the form that the
form
has been explained to the delinquent child or the delinquent
child's
parent, guardian, or custodian and that the delinquent
child or the
delinquent child's parent, guardian, or custodian
indicated an
understanding of the duties and information indicated
on the form,
the judge
shall give a copy of the form to both the
delinquent
child and to the
delinquent child's parent, guardian,
or
custodian, within three days
shall send one copy of the form to
the bureau of criminal
identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the
Revised
Code, and shall send one copy
of the form to the
sheriff of the county in which the delinquent child
expects to
reside.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under division divisions (A)(1) to (5) of this section
shall do all of the following:
(1) If the notice is provided under division (A)(1), (2),
(4), or (5) of this section, the official, designee, or judge
shall determine the offender's
or delinquent child's name,
identifying factors, and expected future residence address in this state or any other state, shall
obtain the offender's
or delinquent child's criminal
and
delinquency history, and shall obtain a photograph and the
fingerprints of the offender
or delinquent child. Regarding an offender, the official, designee, or judge also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. If the notice
is provided by a judge under division (A)(2), (4), or (5) of
this
section, the sheriff shall provide the offender's
or
delinquent
child's criminal
and delinquency history to the judge.
The
official, official's designee, or judge shall obtain this
information and these items prior to giving the notice, except
that a judge may give the notice prior to obtaining the offender's
or delinquent child's criminal
and delinquency history. Within
three days after receiving this information and these items, the
official, official's designee, or judge shall forward the
information and items to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
pursuant to section 2950.13 of the Revised Code and, to the sheriff
of the county in which the offender
or delinquent child expects to
reside, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed.
If the notice is provided under division (A)(5) of this
section
and if the delinquent child has been committed to the
department
of youth services or to a secure facility, the judge,
in addition
to the other information and items described in this
division,
also shall forward to the bureau and to the sheriff
notification
that the child has been so committed. If it has
not
already done so, the bureau of criminal identification and
investigation shall forward a copy of the fingerprints and
conviction data received under this division to the federal bureau
of investigation.
(2) If the notice is provided under division (A)(3) of this
section, the chief of police or sheriff shall determine the
offender's name, identifying factors, and residence address in this state or any other state, shall
obtain the offender's criminal history from the bureau of criminal
identification and investigation, and, to the extent possible,
shall obtain a photograph and the fingerprints of the offender.
Regarding an offender, the chief or sheriff also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a chief of
police, to the sheriff of the county in which the offender
resides, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed. If it has not already done so, the bureau of criminal
identification and investigation shall forward a copy of the
fingerprints and conviction data so received to the federal bureau
of investigation.
Sec. 2950.031. (A) No person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy
residential premises within one thousand feet of any school
premises.
(B) An owner or lessee of real property that is located
within one thousand feet of any school premises has a cause of
action for injunctive relief against a person who violates
division (A) of this section by establishing a residence or
occupying residential premises within
one thousand feet of those
school premises. The owner or lessee
shall not be required to
prove irreparable harm in order to obtain
the relief.
Sec. 2950.04. (A)(1) Each
of the following types of
offender
who is convicted of or
pleads guilty to, or has been
convicted of
or pleaded guilty to, a
sexually oriented offense
that is not a registration-exempt sexually oriented offense shall
register
personally with
the sheriff of the
county
within
seven five days of
the offender's coming into a county in which the
offender resides
or temporarily is domiciled for more than seven five
days, shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state:
(a) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement;
(b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code.
(2)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense that is not a registration-exempt sexually oriented offense and who is
classified a
juvenile sex offender
registrant
based on that adjudication shall
register
personally with the sheriff of the county within seven five
days of the
delinquent child's coming into a county in which the
delinquent
child resides or temporarily is domiciled for more than
seven five
days.
If the delinquent child is committed for the
sexually
oriented offense that is not a registration-exempt sexually oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child
is discharged or released in any
manner from
custody in a
department of youth services secure
facility or from the secure
facility that is not operated
by the
department, if pursuant
to the discharge or release the
delinquent
child is not committed
to any other secure facility of
the
department or any other secure
facility. The delinquent child
does
not have a duty to register under this
division while the child is
in a department of
youth services secure facility or in a secure
facility that is not
operated by the department.
(3) If divisions (A)(1) and (2) of this section do not
apply, each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within seven five days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than seven five days, and each following type of offender shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty days or more in that calendar year, and shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year:
(a)
Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in a court in another state or, in a federal court,
military court, or
an Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child
moves to and
resides in
this state or
temporarily is domiciled in
this state
for more than
seven five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year,
and if, at the time the
offender
or
delinquent child
moves to and
resides in this state or
temporarily
is domiciled in
this state
for more than seven five days, the offender enters this state to attend the school or institution of higher education, or the offender is employed in this state for more than the specified period of time,
the offender
or delinquent
child has a
duty to register as a sex
offender or child-victim offender under
the law of
that other
jurisdiction as a result of
the conviction, guilty
plea,
or
adjudication.
(b) Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in a court in another state or, in a federal court,
military court, or
an Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child is
released
from
imprisonment,
confinement,
or detention imposed for
that
offense,
and if, on or
after July 1,
1997,
for
offenders, or
January 1, 2002, for
delinquent
children, the
offender
or
delinquent child moves to and
resides in
this state or
temporarily
is domiciled in this state
for more than
seven five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year.
The duty to
register as described in
this
division
applies
to an
offender
regardless of whether the
offender, at the
time of
moving
to and
residing in this state or
temporarily being
domiciled in
this
state for more than seven five
days, at the time of entering into this state to attend the school or institution of higher education, or at the time of being employed in this state for the specified period of time, has a duty to
register as a
sex
offender or child-victim offender under the law of
the jurisdiction in
which the
conviction
or guilty plea occurred.
The duty to register
as
described in this
division applies to a
delinquent child only
if
the delinquent
child, at the time of
moving to and residing in
this state or
temporarily being
domiciled in this state for more
than seven five
days, has a duty to
register as a sex offender or child-victim offender under
the law of
the jurisdiction in
which the delinquent child
adjudication
occurred or if, had the
delinquent child adjudication
occurred in
this state, the
adjudicating juvenile court judge
would have been
required to
issue an order classifying the
delinquent child as a
juvenile sex
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code.
(4) If division (A)(1)(a) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
to be a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within seven five days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than seven five
days and, shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than seven five days within seven five days of coming into that county, shall register within five days of the adjudication with the sheriff of the county in which the offender attends any school or institution of higher education on a full-time or part-time basis or in which the offender is employed if the offender has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has temporary domicile in this state or another state, and shall register within five days of the adjudication with the sheriff or other appropriate person of any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or in which the offender then is employed if the offender has been employed in that state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year regardless of whether the offender resides or has temporary domicile in this state, the other state, or a different state.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense that is not a registration-exempt sexually oriented offense is not required to register
under division (A)(2) of this section unless the delinquent child
committed the offense on or after
January 1, 2002, is classified
a juvenile sex offender
registrant by a
juvenile court judge
pursuant to an order issued
under section
2152.82, 2152.83,
2152.84, or 2152.85 of the
Revised Code based
on
that
adjudication,
and has a duty to
register pursuant to
division
(A)(2)
of this section.
(6) A person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is a registration-exempt sexually oriented offense, and a person who is or has been adjudicated a delinquent child for committing a sexually oriented offense that is a registration-exempt sexually oriented offense, does not have any duty to register under this section based on that conviction, guilty plea, or adjudication. The exemption of an offender or delinquent child from registration under this division for a conviction of, plea of guilty to, or delinquent child adjudication for a registration-exempt sexually oriented offense does not limit, affect, or supersede any duties imposed upon the offender or delinquent child under this chapter or sections 2152.82 to 2152.85 of the Revised Code for a conviction of, plea of guilty to, or delinquent child adjudication for any other sexually oriented offense or any child-victim oriented offense.
(B) An offender
or delinquent child who is required by
division (A) of this section to register in this state personally shall obtain
from the sheriff or from a designee of the sheriff a registration
form that conforms to division (C) of this section, shall complete the form, shall include a statement that all information provided
on the form is accurate
and sign the form, and shall return the completed form together
with the offender's
or delinquent child's photograph to the
sheriff or the designee. The sheriff or designee shall sign the
form and indicate on the form the date on which it is so returned.
The registration required under this division is complete when the
offender
or delinquent child returns the form, containing the
requisite information, photograph, signatures, and date, to the
sheriff or designee.
(C) The registration form to be used under divisions (A) and
(B) of this section shall contain the include the photograph of the offender or delinquent child who is registering and shall contain all of the following:
(1) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section as a result of the offender or delinquent child residing in this state or temporarily being domiciled in this state for more than five days, the current residence address of
the offender
or delinquent child who is registering, the name and
address of the offender's
or delinquent child's employer, if the
offender
or delinquent child is employed at the time of
registration or if the offender
or delinquent child knows at the
time of registration that the offender
or delinquent child will be
commencing employment with that employer subsequent to
registration, the date on which the offender or delinquent child
committed each sexually oriented offense that is the basis of the
registration, the name and address of the offender's school or institution of higher education if the offender attends one at the time of registration or if the offender knows at the time of registration that the offender will be commencing attendance at that school or institution subsequent to registration, and any other information required by the bureau of
criminal identification and investigation and shall include the
offender's
or delinquent child's photograph. Additionally
(2) Regarding an offender who is registering under a duty imposed under division (A)(1), (3), or (4) of this section as a result of the offender attending a school or institution of higher education in this state on a full-time or part-time basis or being employed in this state or in a particular county in this state, whichever is applicable, for more than fourteen days or for an aggregate of thirty or more days in any calendar year, the current address of the school, institution of higher education, or place of employment of the offender who is registering and any other information required by the bureau of criminal identification and investigation.
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section for any reason, if the
offender
or delinquent child has been adjudicated as being a
sexual predator relative to the sexually oriented offense in
question, if the delinquent child has been adjudicated a sexual predator relative to the sexually oriented offense in question and the court has not subsequently determined pursuant to
division (D) of section 2950.09, section
2152.84, or section
2152.85 of
the Revised Code that the
offender
or delinquent child
no longer
is a sexual predator, or if
the
judge
determined
pursuant to division (C) of
section 2950.09 or pursuant to
section
2152.82,
2152.83, 2152.84, or 2152.85 of the
Revised Code that
the
offender
or
delinquent child is a habitual
sex offender and
the determination has not been removed pursuant
to section 2152.84
or 2152.85 of the Revised Code, or if the offender has the duty to register as a result of the conviction of or plea of guilty to an aggravated sexually oriented offense, the
offender
or
delinquent child
also shall include on the signed, written
registration
form all of the
following information:
(1)(a) A specific declaration that the person has been
adjudicated as being a sexual predator or, has been determined to
be a habitual sex offender, or was convicted of or pleaded guilty to an aggravated sexually oriented offense, whichever is applicable;
(2)(b) If the offender
or delinquent child has been adjudicated
as being a sexual predator, the identification license plate
number, make, model, year, and color of each motor vehicle the offender
or delinquent child owns
and of each motor
vehicle registered in the offender's
or
delinquent child's name, and any
other identifying information that the sheriff requires for each
motor vehicle that is
registered in the offender's or delinquent child's name.
(D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and photograph to the bureau of
criminal identification and investigation in accordance with the
forwarding procedures adopted pursuant to section 2950.13 of the
Revised Code. If an offender registers a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (C)(1) of this section, the sheriff also shall provide notice to the law enforcement agency with jurisdiction over the premises of the school, institution of higher education, or place of employment of the offender's name and that the offender has registered that address as a place at which the offender attends school or an institution of higher education or at which the offender is employed. The bureau shall include the information and
materials forwarded to it under this division in the state
registry of sex offenders and child victim offenders established and maintained under section
2950.13 of the Revised Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice of intent as
required in accordance with those divisions or that division.
(F) An offender
or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is adjudicated a sexual
predator or a habitual sexual offender subject to community
notification under division (C)(2) or (E) of section 2950.09 of
the Revised Code,
or if an offender who is required by division
(A) of this section to register has that duty as a result of a
conviction of or plea of guilty to an aggravated sexually oriented
offense committed on or after
the effective date of this
amendment, the offender or delinquent child also shall send
the
sheriff of the county in which the offender or delinquent
child
intends to reside written notice of the offender's or
delinquent
child's intent to reside in the county. The offender or
delinquent
child shall send the notice of intent to reside at
least twenty
days prior to the date the offender or delinquent
child begins to
reside in the county. The notice of intent to
reside shall contain
the following information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child;
(4) A statement that the offender or delinquent child has
been adjudicated as being a sexual predator, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a determination that
the offender or delinquent child no longer is a sexual predator,
a
statement that the sentencing or reviewing judge has
determined
that the offender or delinquent child is a habitual sex
offender
and that, as of the date of the notice, the determination
has not
been removed pursuant to section 2152.84 or 2152.85 of the
Revised
Code, or a statement that the offender was convicted of or
pleaded
guilty to an aggravated sexually oriented offense
committed on or
after
the effective date of this amendment.
(H) If, immediately prior to the effective date of this amendment, an offender or delinquent child who was convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a sexually oriented offense was required by division (A) of this section to register and if, on or after the effective date of this amendment, that offense no longer is a sexually oriented offense but instead is designated a child-victim oriented offense, division (A)(1)(c) or (2)(b) of section 2950.041 of the Revised Code applies regarding the offender or delinquent child and the duty to register that is imposed pursuant to that division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the offender prior to the effective date of this amendment under this section.
Sec. 2950.041. (A)(1) Each of the following types of offender who is convicted of or pleads guilty to, or has been convicted of or pleaded guilty to, a child-victim oriented offense shall register personally with the sheriff of the county within five days of the offender's coming into a county in which the offender resides or temporarily is domiciled for more than five days, shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register personally with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state:
(a) Regardless of when the child-victim oriented offense was committed, an offender who is sentenced for the child-victim oriented offense to a prison term, a term of imprisonment, or any other type of confinement and, on or after the effective date of this section, is released in any manner from the prison term, term of imprisonment, or confinement;
(b) Regardless of when the child-victim oriented offense was committed, an offender who is sentenced for a child-victim oriented offense on or after the effective date of this section, and to whom division (A)(1)(a) of this section does not apply;
(c) If the child-victim oriented offense was committed prior to the effective date of this section, if the offense was considered prior to that date to be a sexually oriented offense, and if neither division (A)(1)(a) nor division (A)(1)(b) of this section applies, an offender who, immediately prior to the effective date of this section, was required to register as a result of conviction of or plea of guilty to the commission of that offense under section 2950.04 of the Revised Code. For any offender who is described in this division, the duty imposed under this division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the offender prior to the effective date of this section under section 2950.04 of the Revised Code.
(2) Each of the following types of delinquent children shall register personally with the sheriff of the county within five days of the delinquent child's coming into a county in which the delinquent child resides or temporarily is domiciled for more than five days:
(a) Regardless of when the child-victim oriented offense was committed, a child who on or after the effective date of this section is adjudicated a delinquent child for committing a child-victim oriented offense and who is classified a juvenile offender registrant based on that adjudication. If the delinquent child is committed for the child-victim oriented offense to the department of youth services or to a secure facility that is not operated by the department, this duty begins when the delinquent child is discharged or released in any manner from custody in a department of youth services secure facility or from the secure facility that is not operated by the department, if pursuant to the discharge or release the delinquent child is not committed to any other secure facility of the department or any other secure facility. The delinquent child does not have a duty to register under this division while the child is in a department of youth services secure facility or in a secure facility that is not operated by the department.
(b) If the child-victim oriented offense was committed prior to the effective date of this section, if the offense was considered prior to that date to be a sexually oriented offense, and if division (A)(2)(a) of this section does not apply, a delinquent child who, immediately prior to the effective date of this section, was classified a juvenile sex offender registrant and required to register as a result of a delinquent child adjudication for the commission of that offense under section 2950.04 of the Revised Code. For any delinquent child who is described in this division, the duty imposed under this division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the delinquent child prior to the effective date of this section under section 2950.04 of the Revised Code. If the delinquent child is committed for the child-victim oriented offense to the department of youth services or to a secure facility that is not operated by the department, the provisions of division (A)(2)(a) of this section regarding the beginning, and tolling, of a duty imposed under that division also apply regarding the beginning, and tolling, of the duty imposed under this division.
(3) If divisions (A)(1) and (2) of this section do not apply, each following type of offender and each following type of delinquent child shall register personally with the sheriff of the county within five days of the offender's or delinquent child's coming into a county in which the offender or delinquent child resides or temporarily is domiciled for more than five days, and each following type of offender shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year:
(a) Regardless of when the child-victim oriented offense was committed, a person who is convicted, pleads guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, if, on or after the effective date of this section, the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year, and if, at the time the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days, the offender enters this state to attend the school or institution of higher education, or the offender is employed in this state for more than the specified period of time, the offender or delinquent child has a duty to register as a child-victim offender or sex offender under the law of that other jurisdiction as a result of the conviction, guilty plea, or adjudication.
(b) Regardless of when the child-victim oriented offense was committed, a person who is convicted, pleads guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, if, on or after the effective date of this section, the offender or delinquent child is released from imprisonment, confinement, or detention imposed for that offense, and if, on or after the effective date of this section, the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year. The duty to register as described in this division applies to an offender regardless of whether the offender, at the time of moving to and residing in this state or temporarily being domiciled in this state for more than five days, at the time of entering into this state to attend the school or institution of higher education, or at the time of being employed in this state for more than the specified period of time, has a duty to register as a child-victim offender or sex offender under the law of the jurisdiction in which the conviction or guilty plea occurred. The duty to register as described in this division applies to a delinquent child only if the delinquent child, at the time of moving to and residing in this state or temporarily being domiciled in this state for more than five days, has a duty to register as a child-victim offender or sex offender under the law of the jurisdiction in which the delinquent child adjudication occurred or if, had the delinquent child adjudication occurred in this state, the adjudicating juvenile court judge would have been required to issue an order classifying the delinquent child as a juvenile offender registrant pursuant to section 2152.82 or division (A) of section 2152.83 of the Revised Code.
(4) If division (A)(1)(a) of this section applies and if, subsequent to the offender's release, the offender is adjudicated a child-victim predator under division (C) of section 2950.09 of the Revised Code, the offender shall register within five days of the adjudication with the sheriff of the county in which the offender resides or temporarily is domiciled for more than five days, shall register with the sheriff of any county in which the offender subsequently resides or temporarily is domiciled for more than five days within five days of coming into that county, shall register within five days of the adjudication with the sheriff of the county in which the offender attends any school or institution of higher education on a full-time or part-time basis or in which the offender is employed if the offender has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has temporary domicile in this state or another state, and shall register within five days of the adjudication with the sheriff or other appropriate person of any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or in which the offender then is employed if the offender has been employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year regardless of whether the offender resides or has temporary domicile in this state, the other state, or a different state.
(5) A person who is adjudicated a delinquent child for committing a child-victim oriented offense is not required to register under division (A)(2) of this section unless the delinquent child committed the offense on or after the effective date of this section, is classified a juvenile offender registrant by a juvenile court judge pursuant to an order issued under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code based on that adjudication, and has a duty to register pursuant to division (A)(2) of this section.
(B) An offender or delinquent child who is required by division (A) of this section to register in this state personally shall do so in the manner described in division (B) of section 2950.04 of the Revised Code, and the registration is complete as described in that division.
(C) The registration form to be used under divisions (A) and (B) of this section shall include the photograph of the offender or delinquent child who is registering and the date on which the offender or delinquent child committed each child-victim oriented offense that is the basis of the registration and shall contain all of the following:
(1) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section as a result of the offender or delinquent child residing in this state or temporarily being domiciled in this state for more than five days, all of the information described in division (C)(1) of section 2950.04 of the Revised Code;
(2) Regarding an offender who is registering under a duty imposed under division (A)(1), (3), or (4) of this section as a result of the offender attending a school or institution of higher education on a full-time or part-time basis or being employed in this state or in a particular county in this state, whichever is applicable, for more than fourteen days or for an aggregate of thirty or more days in any calendar year, all of the information described in division (C)(2) of section 2950.04 of the Revised Code;
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section, if the offender has been adjudicated a child-victim predator relative to the child-victim oriented offense in question, if the delinquent child has been adjudicated a child-victim predator relative to the child-victim oriented offense in question and the court has not subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code that the delinquent child no longer is a child-victim predator, if the offender or delinquent child is automatically classified a habitual child-victim offender under division (E) of section 2950.091 of the Revised Code, or if the judge determined pursuant to division (C) or (E) of section 2950.091 or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the offender or delinquent child is a habitual child-victim offender and the determination has not been removed pursuant to section 2152.84 or 2152.85 of the Revised Code, the offender or delinquent child shall include on the signed, written registration form all of the information described in division (C)(3) of section 2950.04 of the Revised Code.
(D) Division (D) of section 2950.04 of the Revised Code applies when an offender or delinquent child registers with a sheriff pursuant to this section.
(E) No person who is required to register pursuant to divisions (A) and (B) of this section, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice as required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to register pursuant to divisions (A) and (B) of this section shall register pursuant to this section for the period of time specified in section 2950.07 of the Revised Code.
(G) If an offender or delinquent child who is required by division (A) of this section to register is adjudicated a child-victim predator or a habitual child-victim offender subject to community notification under division (C)(2) or (E) of section 2950.09 of the Revised Code, the offender or delinquent child also shall send the sheriff of the county in which the offender or delinquent child intends to reside written notice of the offender's or delinquent child's intent to reside in the county. The offender or delinquent child shall send the notice of intent to reside at least twenty days prior to the date the offender or delinquent child begins to reside in the county. The notice of intent to reside shall contain all of the following information:
(1) The information specified in divisions (G)(1) and (2) of section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender was convicted, to which the offender pleaded guilty, or for which the child was adjudicated a delinquent child;
(3) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim offender and that, as of the date of the notice, the determination has not been removed pursuant to section 2152.84 or 2152.85 of the Revised Code.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 or 2950.041 of the Revised
Code, the offender
or delinquent
child,
at least
twenty days
prior
to
changing the offender's
or delinquent child's residence
address, or the offender, at least twenty days prior to changing the address of the offender's school or institution of higher education and not later than five days after changing the address of the offender's place of employment,
during
the period during which the
offender
or delinquent
child is
required to register, shall provide
written
notice of the
residence, school, institution of higher education, or place of employment address change, as applicable, to the sheriff
with whom the offender
or
delinquent child most recently registered the address
under section 2950.04 or 2950.041 of
the
Revised Code or under division (B) of this section.
(B) If an offender
or delinquent child is required to
provide notice of a residence, school, institution of higher education, or place of employment address change under division
(A) of
this section, or a delinquent child is required to provide notice of a residence address change under that division, the offender
or delinquent child, at least
twenty
days prior to
changing the residence, school, or institution of higher education address and not later than five days after changing the place of employment address, as applicable, also shall
register
the new residence address in the manner described in
divisions (B)
and (C) of section 2950.04 or 2950.041 of the
Revised Code, whichever is applicable, with
the sheriff of
the county in
which the offender's
or delinquent
child's new
residence address is
located, subject to division (C)
of this
section.
(C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 or 2950.041 of the
Revised Code regardless of whether the new residence, school, institution of higher education, or place of employment
address is in
this state or in another state. If the new residence address is
in another state, the person shall register with the appropriate
law
enforcement officials in that state in the manner required
under the law of
that state and within the earlier of the period
of time required under the law
of that state or at least seven
days prior to changing the residence address.
(D)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
or delinquent child's residence, school, institution of higher education, or place of employment address or the delinquent child's residence address, a sheriff
promptly
shall
forward the new residence address to the bureau of
criminal
identification and investigation in accordance with the
forwarding procedures
adopted pursuant to section 2950.13 of the
Revised Code
if the new residence address is in another state or,
if the offender's
or
delinquent child's new
residence address is
located in another county in this state, to the sheriff
of that
county. The bureau
shall include all information forwarded to it
under this division in the state
registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of
the Revised
Code and shall forward
notice of the offender's
or delinquent
child's new residence, school, institution of higher education, or place of employment address, as applicable, to
the appropriate officials in the
other state.
(2) When an offender
or delinquent child registers a new
residence, school, institution of higher education, or place of employment
address or a delinquent child registers a new residence address pursuant to
division (B) of this section, the
sheriff with whom the offender
or delinquent child registers and
the bureau of criminal
identification and investigation shall
comply with division
(D) of section 2950.04 or 2950.041 of the Revised Code, whichever is applicable.
(E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division.
(2) No person who is required to register a new residence, school, institution of higher education, or place of employment
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions.
(F) An offender
or delinquent child who is required to
comply with
divisions (A), (B), and (C) of this section shall
do
so for the period of time specified in section 2950.07 of the
Revised Code.
Sec. 2950.06. (A) An offender
or delinquent child who is
required to
register a residence address pursuant to section 2950.04 or 2950.041
of the Revised
Code shall periodically verify the offender's
or delinquent
child's current
residence address, and an offender who is required to register a school, institution of higher education, or place of employment address pursuant to either of those sections shall periodically verify the address of the offender's current school, institution of higher education, or place of employment, in accordance with this section.
The frequency of
verification shall be determined in accordance
with division
(B) of this section, and the manner of
verification
shall be determined in accordance with division
(C) of this
section.
(B) The frequency with which an offender
or delinquent child
must
verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address pursuant to
division
(A) of this section shall be
determined as follows:
(1) Regardless of when the sexually oriented offense or child-victim oriented offense for
which the
offender
or delinquent child is required to
register was
committed, if the
offender
or delinquent child has been
adjudicated as being a sexual
predator relative to the sexually
oriented offense and
the court has not
subsequently entered a
determination pursuant to division (D) of
section 2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the
offender
or delinquent
child no
longer is a
sexual predator,
or if the
offender is required to register as a result of an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, the
offender
or delinquent child shall
verify
the
offender's
or
delinquent
child's current
residence address or current school, institution of higher education, or place of employment address, and the delinquent child shall verify the delinquent child's current residence address, in
accordance with
division (C)
of this section every ninety
days
after the
offender's
or
delinquent child's initial registration
date during
the period the
offender
or delinquent child is
required to
register if any of the following applies:
(a) The offender or delinquent child is required to register based on a sexually oriented offense, and either the offender has been adjudicated a sexual predator relative to the sexually oriented offense, the delinquent child has been adjudicated a sexual predator relative to the sexually oriented offense and the court has not subsequently entered a determination pursuant to section 2152.84 or 2152.85 of the Revised Code that the delinquent child no longer is a sexual predator, or the offender is required to register as a result of an aggravated sexually oriented offense.
(b) The offender or delinquent child is required to register based on a child-victim oriented offense, and either the offender has been adjudicated a child-victim predator relative to the child-victim oriented offense or the delinquent child has been adjudicated a child-victim predator relative to the child-victim oriented offense and the court has not subsequently entered a determination pursuant to section 2152.84 or 2152.85 of the Revised Code that the delinquent child no longer is a child-victim predator.
(2) In all circumstances not described in division
(B)(1) of
this section, the offender
or delinquent child shall verify
the
offender's
or delinquent child's
current residence address or current school, institution of higher education, or place of employment address, and the delinquent child shall verify the delinquent child's current residence address, in
accordance with
division (C) of this section on each year on the day that is ten days before the
anniversary
of the offender's
or delinquent child's initial
registration date
during the period the
offender
or delinquent child is required to
register.
If, prior to the effective date of this amendment, an offender or delinquent child registered with a sheriff under a duty imposed under section 2950.04 of the Revised Code as a result of a conviction of, plea of guilty to, or adjudication as a delinquent child for committing a sexually oriented offense and if, on or after the effective date of this amendment, that offense no longer is a sexually oriented offense but instead is a child-victim oriented offense, the duty to register that is imposed on the offender or delinquent child pursuant to section 2950.041 of the Revised Code is a continuation of the duty imposed upon the offender prior to the effective date of this amendment under section 2950.04 of the Revised Code and, for purposes of divisions (B)(1) and (2) of this section, the offender's initial registration date related to that offense is the date on which the offender initially registered under section 2950.04 of the Revised Code.
(C)(1) An offender
or delinquent child who is required to
verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address pursuant to division
(A) of this section shall verify the
address with the sheriff with
whom the offender
or delinquent
child most recently registered the address by
personally appearing before the
sheriff or a designee of the sheriff,
no earlier than ten days
before the date on which the verification is required
pursuant to
division (B) of this section
and no later than the date so
required for verification, and completing and
signing a copy of
the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or
designee shall
sign the completed form and indicate on the form the date on
which
it is so completed.
The verification required under this division
is complete
when the offender
or delinquent child personally
appears before the
sheriff or designee and
completes and signs the
form
as described in this division.
(2) To facilitate the verification of an offender's
or
delinquent
child's
current residence, school, institution of higher education, or place of employment address, as applicable, under division (C)(1)
of this section, the
sheriff with whom the offender
or delinquent
child most recently
registered the address may mail
a nonforwardable
verification form prescribed by the bureau of
criminal
identification and investigation to the offender's
or delinquent
child's last
reported address
and to the last reported address of
the parents of the
delinquent child, with a notice that
conspicuously
states that the
offender
or delinquent child must
personally appear before the sheriff
or a designee
of the sheriff
to complete the form and the date by which the
form must be so
completed. Regardless of whether a sheriff
mails a form to an
offender
or delinquent child and that child's
parents, each
offender
or delinquent child who is required
to verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address, as applicable,
pursuant to
division (A) of this section
shall personally appear
before the sheriff or a designee of the
sheriff to verify the
address in accordance with division
(C)(1) of this section.
(D) The verification form to be used
under division (C) of
this section shall
contain all of the following:
(1) Except as provided in division (D)(2) of this section, the current residence address of the
offender
or delinquent
child, the name and address of
the
offender's
or delinquent child's employer if the offender
or
delinquent child is employed at the time of
verification or if the
offender
or delinquent child knows at the time
of verification
that the
offender
or delinquent child will be commencing
employment with that
employer subsequent to
verification, the date
on which the offender or delinquent child committed each sexually
oriented offense or child-victim oriented offense that is the basis of the verification, the name and address of the offender's school or institution of higher education if the offender attends one at the time of verification or if the offender knows at the time of verification that the offender will be commencing attendance at that school or institution subsequent to verification, and any
other information required by the bureau of criminal
identification and investigation. Additionally, for every
verification on or after the effective date of this amendment, the
offender or delinquent child shall include on the signed
verification form the identification license plate number, make,
model, year, and color of each motor vehicle registered in the
offender's or delinquent child's name, and any other identifying
information that the sheriff requires for each motor vehicle that
is registered in the
offender's or delinquent child's name.
(2) Regarding an offender who is verifying a current school, institution of higher education, or place of employment address, the current address of the school, institution of higher education, or place of employment of the offender and any other information required by the bureau of criminal identification and investigation.
(E) Upon an offender's
or delinquent child's personal
appearance and
completion of a
verification form under division
(C) of this section, a sheriff
promptly shall forward a copy of
the verification form to the
bureau of criminal identification and
investigation in accordance with the
forwarding procedures adopted
by the attorney general pursuant to section
2950.13 of the Revised
Code. If an offender verifies a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (D)(1) of this section, the sheriff also shall provide notice to the law enforcement agency with jurisdiction over the premises of the school, institution of higher education, or place of employment of the offender's name and that the offender has verified or provided that address as a place at which the offender attends school or an institution of higher education or at which the offender is employed. The bureau shall include all information
forwarded to it
under this division in the state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code.
(F) No person who is required to verify
a current residence, school, institution of higher education, or place of employment
address, as applicable, pursuant to divisions (A) to (C)
of this section shall
fail to verify a current residence, school, institution of higher education, or place of employment address, as applicable, in
accordance with
those divisions
by the date required for the verification as set
forth in
division (B) of this section,
provided that no person
shall be prosecuted
or subjected to a delinquent child proceeding
for a violation of
this division, and that no parent, guardian, or
custodian of a delinquent child shall be prosecuted for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of this division, prior to the
expiration of the period of time
specified in division (G) of this
section.
(G)(1) If an offender
or delinquent child fails to verify a
current
residence, school, institution of higher education, or place of employment
address, as applicable, as required by divisions (A) to (C) of
this section
by the date required for the verification as set
forth in
division (B) of this section,
the sheriff with whom the
offender
or delinquent child is required to
verify the
current
residence address, on the day following that date
required for the
verification, shall send a written warning to
the offender
or to
the
delinquent child and that child's parents, at the
offender's
or
delinquent child's and that child's parents' last known
residence, school, institution of higher education, or place of employment
address, as applicable,
regarding the offender's
or delinquent child's
duty to
verify the
offender's
or delinquent child's current
residence, school, institution of higher education, or place of employment
address, as applicable.
The written warning shall
do all of the following:
(a) Identify the
sheriff who sends
it and the date on which
it is sent;
(b) State conspicuously
that the offender
or delinquent
child has failed to
verify the
offender's
or delinquent child's
current residence, school, institution of higher education, or place of employment address or the delinquent child's current residence address by the
date
required for
the
verification;
(c) Conspicuously state that the offender
or
delinquent
child has seven days
from the date
on which the warning
is sent to
verify the current residence, school, institution of higher education, or place of employment
address, as applicable, with the sheriff
who sent the
warning;
(d) Conspicuously state that a failure to
timely verify the
specified current
residence address or addresses is a felony offense;
(e) Conspicuously state
that, if the offender
or
delinquent
child verifies the current
residence, school, institution of higher education, or place of employment address or the delinquent child verifies the current residence address
with that
sheriff
within that seven-day-period seven-day period, the offender
or delinquent
child
will not be prosecuted
or subjected to a delinquent child
proceeding for a failure to timely verify a
current
residence
address and
the delinquent child's parent, guardian, or custodian
will not be prosecuted based on a failure of the delinquent child
to timely verify an address;
(f) Conspicuously state that, if the offender
or delinquent
child does
not verify the
current residence, school, institution of higher education, or place of employment address or the delinquent child verifies the current residence address with that
sheriff within that
seven-day-period seven-day period, the offender
or delinquent
child will be arrested
or taken into custody, as appropriate, and
prosecuted
or subjected to a delinquent child proceeding
for a
failure to timely verify a current residence
address
and the
delinquent child's parent, guardian, or custodian may be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address.
(2) If an offender
or delinquent child fails to verify a
current
residence, school, institution of higher education, or place of employment
address, as applicable, as required by divisions
(A) to (C) of
this section by the date
required for the verification as set
forth in division
(B) of this section, the
offender
or delinquent
child shall not be prosecuted
or subjected to a delinquent child
proceeding for a violation of
division
(F) of
this section, and
the delinquent child's parent, guardian, or custodian shall not be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address, as applicable, unless the
seven-day-period seven-day period subsequent to that
date
that the offender
or delinquent
child is
provided under
division
(G)(1)
of this section to verify the current residence
address has
expired and the offender
or delinquent child, prior to
the
expiration
of that
seven-day-period seven-day period, has not verified the
current
residence
address. Upon the expiration of the
seven-day-period seven-day period
that the
offender
or delinquent child is provided
under division
(G)(1) of this
section to
verify the current
residence address has
expired, if the
offender
or delinquent child
has not verified the
current residence
address, all of the
following apply:
(a) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence, school, institution of higher education, or place of employment address, as applicable, promptly shall
notify the bureau of criminal identification
and investigation of
the failure.
(b) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence, school, institution of higher education, or place of employment address, as applicable, the sheriff
of the county in which the offender
or
delinquent child resides,
the sheriff of the county in which is located the offender's school, institution of higher education, or place of employment address that was to be verified, or
a deputy of the appropriate sheriff, shall locate the offender
or
delinquent child, promptly shall
seek a warrant for the arrest
or taking into custody, as
appropriate, of the offender
or
delinquent child for the
violation of division
(F) of this section
and shall arrest the offender
or take the child into
custody, as
appropriate.
(c) The offender
or delinquent child is subject to
prosecution
or a delinquent child proceeding for the
violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division.
(H) A person An offender who is required to verify the person's offender's
current
residence, school, institution of higher education, or place of employment address pursuant to divisions (A) to (C)
of this section and a delinquent child who is required to verify the delinquent child's current residence address pursuant to those divisions
shall do so for the period of time specified in section
2950.07 of
the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of or
pleads guilty to, or has been convicted of or pleaded guilty
to, either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
and the duty of a delinquent child
who is adjudicated a
delinquent child for committing either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant
to comply with sections 2950.04, 2950.041,
2950.05, and
2950.06
of the Revised Code commences on
whichever of the
following dates
is applicable:
(1) If the offender's duty to register is imposed
pursuant
to division (A)(1)(a) of
section 2950.04 or division (A)(1)(a) of section 2950.041 of the Revised Code, the
offender's duty to
comply with those sections commences regarding residence addresses on
the
date of the offender's release from
a prison term, a term of
imprisonment, or any other type of confinement
or on July 1,
1997, for a duty under section 2950.04 or the effective date of this amendment for a duty under section 2950.041 of the Revised Code,
whichever is
later, and commences regarding addresses of schools, institutions of higher education, and places of employment on the date of the offender's release from a prison term, term of imprisonment, or any other type of confinement or on the effective date of this amendment, whichever is later.
(2) If the offender's duty to register is imposed pursuant
to division
(A)(1)(b)
of section 2950.04 or division (A)(1)(b) of section 2950.041 of the Revised Code,
the
offender's duty to
comply with those sections commences regarding residence addresses on the
date of entry of the judgment of
conviction of the sexually
oriented offense or child-victim oriented offense
or on July 1,
1997, for a duty under section 2950.04 or the effective date of this amendment for a duty under section 2950.041 of the Revised Code, whichever is
later, and commences regarding addresses of schools, institutions of higher education, and places of employment on the date of entry of the judgment of conviction of the sexually oriented offense or child-victim oriented offense or on the effective date of this amendment, whichever is later.
(3) If the offender's duty to register is imposed
pursuant
to division (A)(1)(c) of
section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences regarding residence addresses
fourteen
days after July
1, 1997, and commences regarding addresses of schools, institutions of higher education, and places of employment fourteen days after the effective date of this amendment.
(4) If the offender's
or delinquent child's duty to register
is imposed pursuant
to division (A)(3)(a) or (b) of
section
2950.04 or division (A)(3)(a) or (b) of section 2950.041
of the Revised
Code, the offender's duty to comply
with
those
sections commences
regarding residence addresses on
March
30, 1999, or on the
date that
the offender begins
to reside or becomes
temporarily
domiciled in
this state or on March 30, 1999, for a duty under section 2950.04 of the Revised Code or the effective date of this amendment for a duty under section 2950.041 of the Revised Code,
whichever is later, the offender's duty regarding addresses of schools, institutions of higher education, and places of employment commences on the effective date of this amendment or on the date the offender begins attending any school or institution of higher education in this state on a full-time or part-time basis or becomes employed in this state, whichever is later, and the delinquent child's duty
commences on
January 1, 2002,
or on the date
the delinquent
child
begins to reside or becomes
temporarily
domiciled in this
state or on January 1, 2002, for a duty under section 2950.04 of the Revised Code or the effective date of this amendment for a duty under section 2950.041 of the Revised Code,
whichever is later.
(5)
If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 or division (A)(2)(a) of section 2950.041 of the Revised
Code, if the delinquent child's classification as a juvenile sex
offender registrant is made at the time of the child's disposition
for that sexually oriented offense or child-victim oriented offense, whichever is applicable, and if the delinquent child is
committed for the sexually oriented offense or child-victim oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to
comply with those
sections
commences on the date of the
delinquent child's discharge
or
release from
custody in the department of youth
services secure
facility or from the secure facility not operated by the
department
as described in that division.
(6) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 or division (A)(2)(a) of section 2950.041 of the Revised
Code
and if either the delinquent child's classification as a juvenile
sex offender registrant is made at the time of the child's
disposition for that sexually oriented offense or child-victim oriented offense, whichever is applicable, and the delinquent
child is not committed for the sexually oriented offense or child-victim oriented offense to the
department of youth services or to a secure facility that is not
operated by the department or the child's classification as a
juvenile sex offender registrant is made pursuant to sections
2152.83 of the Revised Code, the delinquent child's duty to
comply
with those sections commences on the date of entry of the
court's
order that classifies the delinquent child a juvenile sex
offender
registrant.
(7) If the offender's duty to register is imposed pursuant to division (A)(1)(c) of section 2950.041 of the Revised Code, the offender's duty to comply with those sections regarding residence addresses is a continuation of the offender's former duty to register regarding residence addresses imposed prior to the effective date of this amendment under section 2950.04 of the Revised Code and shall be considered for all purposes as having commenced on the date that the offender's former duty under that section commenced. The offender's duty to comply with those sections commences regarding addresses of schools, institutions of higher education, and places of employment on the effective date of this amendment.
(8) If the delinquent child's duty to register is imposed pursuant to division (A)(2)(b) of section 2950.041 of the Revised Code, the delinquent child's duty to comply with those sections is a continuation of the delinquent child's former duty to register imposed prior to the effective date of this amendment under section 2950.04 of the Revised Code and shall be considered for all purposes as having commenced on the date that the delinquent child's former duty under that section commenced or commences.
(B) The duty of an offender who is convicted of or pleads
guilty to, or has
been convicted of or
pleaded guilty to,
either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
and the duty of a delinquent child who
is adjudicated a delinquent child for committing either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant to comply
with sections
2950.04, 2950.041, 2950.05,
and 2950.06
of the Revised Code continues, after
the
date of commencement, for
whichever of the following periods
is applicable:
(1) Except as otherwise provided in this division, if the offense is a sexually oriented offense that is not a registration-exempt sexually oriented offense and the
offender
or
delinquent child has
been adjudicated
a
sexual
predator relative to the sexually oriented offense
or, if
the offense is a sexually oriented offense and the
offender has the duty to register as a result of an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, or if the offense is a child-victim oriented offense and the offender or delinquent child has been adjudicated a child-victim predator relative to the child-victim oriented offense, the
offender's
or
delinquent child's duty to
comply with those
sections continues until
the offender's
or
delinquent child's
death.
Regarding an offender or a delinquent
child who has been adjudicated a sexual predator relative to the
sexually oriented offense or who has been adjudicated a child-victim predator relative to the child-victim oriented offense, if the judge who sentenced
the offender
or made the
disposition for the delinquent child or that
judge's
successor in
office subsequently enters a determination pursuant
to division
(D) of section 2950.09
or pursuant to section 2152.84
or 2152.85
of the Revised Code
that the offender
or
delinquent
child no
longer is a sexual predator or child-victim predator,
the
offender's
or
delinquent
child's
duty to comply with those sections
continues
for the
period
of
time that otherwise would have been applicable
to the
offender
or
delinquent child under
division (B)(2) or (3)
of this
section
or, if the offender's duty to register results from a
conviction of or plea of guilty to an aggravated sexually oriented
offense, until the offender's death as specified under this
division. In no case shall the lifetime duty to register comply that is
imposed under this division on an offender who is adjudicated a sexual predator or is adjudicated a child-victim predator or is imposed under this division for an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, or the adjudication, classification, or conviction that subjects the offender to this division, be removed or terminated.
(2) If the judge who sentenced the offender
or made the
disposition for the delinquent child for
committing
the sexually
oriented offense that is not a registration-exempt sexually oriented offense or the child-victim oriented offense, or the successor in office of the juvenile court
judge who made the delinquent child disposition,
determined
pursuant
to division (E) of section 2950.09 or 2950.091
or pursuant to
division (B) of section
2152.83, section 2152.84, or section
2152.85 of the
Revised Code that the
offender
or
delinquent child
is a habitual sex
offender or a habitual child-victim offender, or if the offender or delinquent child is automatically classified a habitual child-victim offender pursuant to division (E) of section 2950.091 of the Revised Code,
the
offender's
or
delinquent child's
duty to comply with those
sections
continues
either until the offender's death or for twenty years, determined as provided in this division, and the delinquent child's duty to comply with those sections continues for twenty years.
If
a delinquent child is so determined pursuant to
division (E) of
section 2950.09 or pursuant to division (B) of section 2152.83,
section
2152.84, or section 2152.85 of the Revised Code or classified to be a
habitual sex offender or a habitual child-victim offender and if
the judge who made the disposition
for the delinquent child or
that judge's successor in office
subsequently enters a
determination pursuant to section 2152.84 or
2152.85 of the
Revised Code that the delinquent child no longer is
a habitual sex
offender or habitual child-victim offender but remains a juvenile sex offender
registrant, the
delinquent child's duty to comply with those
sections continues
for the period of time that otherwise would
have been applicable
to the delinquent child under division (B)(3)
of this section. Except as otherwise provided in this division, the offender's duty to comply with those sections continues until the offender's death. If a lifetime duty to comply is imposed under this division on an offender, in no case shall that lifetime duty, or the determination that subjects the offender to this division, be removed or terminated. The offender's duty to comply with those sections continues for twenty years if the offender is a habitual sex offender and both of the following apply:
(a) At least one of the sexually oriented offenses of which the offender has been convicted or to which the offender has pleaded guilty and that are included in the habitual sex offender determination is a violation of division (A)(1) or (5) of section 2907.06 of the Revised Code involving a victim who is eighteen years of age or older, a violation of division (A), (B), or (E) of section 2907.08 of the Revised Code involving a victim who is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code that is a misdemeanor;
(b) The total of all the sexually oriented offenses of which the offender has been convicted or to which the offender has pleaded guilty and that are included in the habitual sex offender determination does not include at least two sexually oriented offenses that are not described in division (B)(2)(a) of this section.
(3) If neither division (B)(1) nor (B)(2) of this section
applies, the
offender's
or delinquent child's duty to comply with
those sections
continues for ten years.
If a delinquent child is
classified pursuant to section 2152.82 or
2152.83 of the Revised
Code a juvenile sex offender
registrant
and if the judge who made
the disposition for the
delinquent child
or that judge's successor
in office subsequently
enters a
determination pursuant to section
2152.84 or 2152.85 of
the
Revised Code that the delinquent child
no longer is to be
classified a juvenile sex offender registrant,
the delinquent
child's duty to comply with those sections
terminates upon the
court's entry of the determination.
(C)(1) If an offender has been convicted
of or pleaded
guilty
to
a sexually oriented offense
or a delinquent child has
been adjudicated a delinquent child for committing a sexually
oriented offense
and
is classified a juvenile sex offender
registrant or is an out-of-state juvenile sex offender registrant,
that is not a registration-exempt sexually oriented offense and if the
offender
subsequently is convicted of or
pleads guilty
to
another
sexually
oriented
offense
or a child-victim oriented offense, if an offender has been convicted of or pleaded guilty to a child-victim oriented offense and the offender subsequently is convicted of or pleads guilty to another child-victim oriented offense or a sexually oriented offense, if a delinquent child has been adjudicated a delinquent child for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and is classified a juvenile offender registrant or is an out-of-state juvenile offender registrant and the
delinquent child
subsequently is
adjudicated a delinquent child
for committing
another sexually
oriented offense or a child-victim oriented offense and is classified
a juvenile sex
offender
registrant relative to that offense or
subsequently is
convicted
of or pleads guilty to another sexually
oriented
offense or a child-victim oriented offense, or if a delinquent child has been adjudicated a delinquent child for committing a child-victim oriented offense and is classified a juvenile offender registrant or is an out-of-state juvenile offender registrant and the child subsequently is adjudicated a delinquent child for committing another child-victim oriented offense or a sexually oriented offense and is classified a juvenile offender registrant relative to that offense or subsequently is convicted of or pleads guilty to another child-victim oriented offense or a sexually oriented offense, the
period of time for which the offender
or
delinquent
child
must
comply with the
sections specified in
division (A) of
this section
shall be
separately calculated
pursuant to divisions
(A)(1)
to (6)(8) and (B)(1) to (3)
of
this
section for
each
of the
sexually
oriented offenses and child-victim oriented offenses, and
the
separately
calculated
periods
of time shall be
complied with
independently.
If a delinquent child has been adjudicated a delinquent child
for committing either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, is classified a
juvenile sex offender
registrant or is an out-of-state juvenile
sex offender registrant relative to the offense, and,
after
attaining eighteen
years of age, subsequently is convicted
of or
pleads guilty to
another sexually oriented offense or child-victim oriented offense, the
subsequent
conviction or
guilty plea does not limit, affect, or
supersede the
duties
imposed upon the delinquent child under this
chapter
relative to
the delinquent child's classification as a
juvenile
sex offender
registrant or as an out-of-state juvenile sex
offender registrant, and the delinquent child shall
comply with
both those
duties and the duties imposed under this
chapter
relative to the
subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent
child for committing on or after
January 1, 2002, either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is
classified
a juvenile
sex offender
registrant relative to the
offense, if the
order
containing the
classification also contains
a determination
by the
juvenile judge
that the delinquent child is
a sexual
predator or a
habitual sex
offender or that the child is a child-victim predator or a habitual child-victim offender, and if the juvenile
judge or
the judge's
successor in
office subsequently determines
pursuant
to section
2152.84 or
2152.85 of the Revised Code that
the
delinquent child
no longer is
a sexual predator or habitual
sex
offender or no longer is a child-victim predator or habitual child-victim offender, whichever is applicable, the
judge's subsequent
determination does not affect
the
date of
commencement of the
delinquent child's duty to comply
with
sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code as
determined under division (A)
of this section.
(D) The duty of an offender
or delinquent child to register
under this
chapter is
tolled for any period during which the
offender
or delinquent child is
returned to confinement
in a
secure facility for
any
reason or imprisoned for an offense when
the confinement
in a secure facility or
imprisonment
occurs
subsequent to the date
determined pursuant to
division
(A) of this
section. The
offender's
or delinquent
child's duty to
register
under this
chapter resumes upon the
offender's
or delinquent
child's release
from
confinement
in a secure facility or
imprisonment.
(E) An offender
or delinquent child who has been convicted
of or
pleaded guilty to,
or has been or is adjudicated a
delinquent child
for committing, a
sexually oriented offense, in a court in
another state or, in a federal court, military
court, or an Indian
tribal court, or in a court of any nation other than the United States for committing either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense may apply to the sheriff of the
county in which the
offender
or delinquent child resides or temporarily
is domiciled, or in which the offender attends a school or institution of higher education or is employed,
for credit
against the duty to register for the time that the
offender
or delinquent
child has complied with
the sex
offender or child-victim offender
registration requirements of another jurisdiction. The sheriff
shall
grant the offender
or delinquent child credit against the
duty to
register for time for which the
offender
or delinquent
child provides adequate proof that the offender
or delinquent
child
has complied with the sex
offender or child-victim offender registration requirements
of another jurisdiction. If the offender
or delinquent child
disagrees with the determination of the sheriff,
the offender
or
delinquent child may appeal the
determination to the court of
common pleas of the county in which the offender
or delinquent
child resides or is temporarily domiciled, or in which the offender attends a school or institution of higher education or is employed.
Sec. 2950.08. The (A) Subject to division (B) of this section, the statements, information, photographs, and
fingerprints required by sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code and provided by a
person who registers, who provides notice of a change of
residence, school, institution of higher education, or place of employment address and registers the new residence, school, institution of higher education, or place of employment address, or who provides
verification of a current residence, school, institution of higher education, or place of employment address pursuant to those sections and
that are in the possession of the bureau of criminal identification and
investigation and the information in the possession of the bureau that was
received by the bureau pursuant to section 2950.14 of the Revised Code
shall not be open to inspection by the
public or by any person other than the following persons:
(A)(1) A regularly employed peace officer or other law enforcement
officer;
(B)(2) An authorized employee of the bureau of criminal identification and
investigation for the purpose of providing information to a board,
administrator, or person pursuant to division (F) or (G) of section
109.57 of the Revised Code;
(3) The registrar of motor vehicles, or an employee of the registrar of motor vehicles, for the purpose of verifying and updating any of the information so provided, upon the request of the bureau of criminal identification and investigation.
(B) Division (A) of this section does not apply to either of the following:
(1) Any information that is contained in the internet sex offender and child-victim offender database established by the attorney general under division (A)(11) of section 2950.13 of the Revised Code regarding offenders and that is disseminated as described in that division;
(2) Any
information that is contained in the sex offender tracking program
established by the attorney general under division (A)(15) of
section 2950.13 of the Revised Code and that is disseminated as
described in that section.
Sec. 2950.081. (A) Any statements, information, photographs,
or
fingerprints
that are required to be provided, and that are provided, by an offender or delinquent child pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code requires a person to provide,
that are provided by a
person who registers, who provides notice of a change
of
residence
address and registers the new residence address, or who provides
verification of a current residence address pursuant to any
provision of those
sections, and that are in the possession of a
county sheriff are public
records
open to public inspection under
section 149.43 of the Revised Code and shall be included in the internet sex offender and child-victim offender database established and maintained under section 2950.13 of the Revised Code to the extent provided in that section. Subject to division (B) of
this section, a sheriff may publicly disseminate or cause to be
publicly disseminated by means of the internet a notice containing
the information set forth in division (B) of section 2950.11 of
the Revised Code or any other statements, information,
photographs, or fingerprints of a type described in this division.
(B) Except when the child is classified a juvenile offender registrant and the act that is the basis of a child's the
classification as a juvenile sex offender registrant is a
violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section, the sheriff
shall not cause to be publicly disseminated by means of the
internet any statements, information, photographs, or fingerprints
that are provided by a juvenile sex offender registrant who sends a notice of intent to reside,
registers, who provides notice of a change of residence address
and registers the new residence address, or who provides
verification of a current residence address pursuant to this
chapter and that are in the possession of a county sheriff.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is not a registration-exempt sexually oriented offense and that is a sexually violent offense and also is
convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent offense,
the conviction of or plea of guilty to the specification
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing, a
sexually oriented
offense in a court in another state, or in a federal court,
military court,
or an Indian tribal court, or in a court of any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, and if, as a result of
that conviction,
plea of guilty,
or adjudication, the person is
required, under the
law of the jurisdiction in which the person
was convicted, pleaded
guilty,
or was adjudicated, to register
as
a sex offender until
the person's death and is required to
verify
the person's address
on at least a quarterly basis each
year, that
conviction, plea of
guilty, or adjudication
automatically
classifies the
person as a
sexual predator
for the purposes of
this chapter, but the
person
may
challenge that classification
pursuant to division (F) of this
section. In all other cases, a
person who is convicted of or
pleads guilty to,
has been
convicted of or pleaded guilty to,
or
is adjudicated a delinquent
child for committing,
a sexually
oriented offense may be
classified as a sexual predator
for
purposes of this chapter only
in accordance with division (B)
or
(C) of this section
or,
regarding delinquent children, divisions
(B) and (C) of section
2152.83 of the Revised Code.
(B)(1)(a)
The judge who is to impose sentence on a person who
is
convicted of or pleads guilty to a sexually oriented offense that is not a registration-exempt sexually oriented offense
shall
conduct a hearing to
determine whether the
offender
is a
sexual
predator if
any of the
following
circumstances
apply:
(i) Regardless of when the sexually oriented offense was
committed,
the offender is to be sentenced on or after
January
1,
1997, for a sexually oriented offense that is not a registration-exempt sexually oriented offense and that is not a
sexually
violent offense.
(ii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after January 1,
1997, for a sexually oriented offense that is not a registration-exempt sexually oriented offense and that is a sexually violent
offense, and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent offense.
(iii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after May 7,
2002, for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and that offender was
acquitted of a sexually violent predator specification that was
included in the indictment, count in the indictment, or
information charging the sexually oriented offense.
(b) The
judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall conduct a hearing as provided in
this division to
determine whether the child is to be classified
as a sexual
predator if either of the following applies:
(i) The judge is required by
section 2152.82 or division
(A) of
section 2152.83 of the Revised Code
to classify the
child a
juvenile sex offender registrant.
(ii) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant.
(2)
Regarding an offender, the judge shall conduct the
hearing
required by division (B)(1)(a) of this section
prior to
sentencing
and, if the
sexually oriented offense
for which sentence is to be imposed is a felony
and
if the
hearing is being
conducted under division
(B)(1)(a)
of this
section, the
judge may conduct it as part
of the
sentencing
hearing required by
section 2929.19 of the
Revised
Code.
Regarding
a delinquent child, the judge may conduct the
hearing required by
division (B)(1)(b) of this section at the same
time as, or
separate from, the dispositional hearing, as specified
in the
applicable provision of section 2152.82 or 2152.83 of the
Revised
Code. The
court shall give the
offender
or delinquent
child and
the
prosecutor who prosecuted the
offender
or handled
the case
against
the delinquent child for the
sexually oriented
offense
notice of
the date, time, and location
of the hearing. At
the
hearing, the
offender
or delinquent child
and the prosecutor
shall
have an
opportunity to testify, present
evidence, call and
examine
witnesses and expert witnesses, and
cross-examine
witnesses and
expert witnesses regarding the
determination as to
whether the
offender
or delinquent child is a
sexual predator.
The
offender
or
delinquent child shall have the
right to be
represented by counsel
and, if indigent, the right to
have counsel
appointed to represent
the offender
or delinquent
child.
(3) In making a determination under divisions (B)(1) and
(4)
of this section as to whether an offender
or delinquent
child is a
sexual predator, the judge shall consider all relevant
factors,
including, but not limited to, all of the following:
(a) The offender's
or delinquent child's age;
(b) The offender's
or delinquent child's prior criminal
or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed
or the order of disposition is
to be made;
(d) Whether the sexually oriented offense for which sentence
is to be imposed
or the order of disposition is to be made
involved multiple victims;
(e) Whether the offender
or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting;
(f) If the offender
or delinquent child previously has been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender
or
delinquent child completed any sentence
or dispositional order
imposed for the prior offense
or act and, if the prior offense
or
act was a sex offense or a sexually oriented offense, whether the
offender
or delinquent child participated in available programs
for sexual offenders;
(g) Any mental illness or mental disability of the offender
or delinquent child;
(h) The nature of the offender's
or delinquent child's
sexual conduct, sexual contact, or interaction in a sexual context
with the victim of the sexually oriented offense and whether the
sexual conduct, sexual contact, or interaction in a sexual context
was part of a demonstrated pattern of abuse;
(i) Whether the offender
or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed
or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty;
(j) Any additional behavioral characteristics that
contribute to the offender's
or delinquent child's conduct.
(4) After reviewing all testimony and evidence presented
at
the hearing conducted under division (B)(1) of this section and
the factors specified in division (B)(3) of this section, the
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
court determines that the
subject offender
or delinquent child
is
not a sexual predator, the
court
shall specify in the
offender's
sentence and the judgment of
conviction that contains
the sentence
or in the delinquent child's
dispositional order, as
appropriate,
that the
court has
determined that the offender
or delinquent
child is not a sexual
predator and the reason or reasons why the court determined that the subject offender or delinquent child is not a sexual predator. If the
court
determines by clear
and convincing
evidence that the
subject offender
or
delinquent
child is a sexual
predator, the
court shall
specify in the
offender's sentence
and the judgment of conviction
that contains
the sentence
or in
the delinquent child's dispositional
order, as
appropriate, that
the
court has determined that
the offender
or
delinquent
child is a sexual predator and shall
specify that the
determination was pursuant to division (B) of
this section.
In any
case in which the sexually oriented offense in question is an
aggravated sexually oriented offense committed on or after the
effective date of this amendment, the court shall specify in the
offender's sentence and the judgment of conviction that contains
the sentence that the offender's offense is an aggravated sexually
oriented offense. In any case in which
the sexually oriented offense in question was committed by the
offender on or after the effective date of this amendment, the
court shall specify in the offender's sentence and judgment of
conviction that contains the sentence that the offender committed
the sexually oriented offense on or after the effective date of
this amendment. The
offender
or delinquent child and the
prosecutor
who prosecuted the
offender
or handled the case against
the delinquent child for the
sexually
oriented offense in question
may appeal as a matter of
right the
court's determination under
this division as to
whether
the offender
or delinquent child is,
or is not, a sexual
predator.
(5) A hearing shall not be conducted under division (B)
of
this section regarding an offender if the
sexually oriented
offense in question is a sexually violent
offense, if the
indictment, count in the indictment, or
information charging the
offense also included a
sexually violent predator specification,
and if the offender is convicted of or pleads guilty to that
sexually violent predator specification.
(C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense prior to January 1, 1997, if the person
was not sentenced for the offense on or after January 1, 1997, and
if, on or after January 1, 1997, the offender is serving a term of
imprisonment in a state correctional institution, the department
of rehabilitation and correction shall do whichever of the following is applicable:
(a) If the sexually oriented offense was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code or was a violent sex offense, the department shall notify the court that sentenced the offender of this fact, and the court shall conduct a hearing to determine whether the offender is a sexual predator.
(b) If division (C)(1)(a) of this section does not apply, the department shall determine whether to
recommend that the offender be adjudicated as being a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated as being a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in division divisions (B)(2) and (3) of this section. If the department
determines that it will recommend that the offender be adjudicated
as being a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender and. If the department determines that it will not recommend that the offender be adjudicated a sexual predator, it immediately shall send its determination to the court that sentenced the offender. In all cases, the department shall
enter its determination and recommendation in the offender's
institutional record, and the court shall proceed in accordance
with division (C)(2) of this section.
(2)(a) If the department of rehabilitation and correction sends to a court a notice under division (C)(1)(a) of this section, the court shall conduct a hearing to determine whether the subject offender is a sexual predator. If, pursuant to division (C)(1)(b) of this section, the
department of rehabilitation and correction sends to a court a
recommendation that an offender who has been convicted of or
pleaded guilty to a sexually oriented offense be adjudicated as
being a sexual predator, the court is not bound by the
department's recommendation, and the court may shall conduct a hearing
to determine whether the offender is a sexual predator. The In any case, the court
may deny the recommendation and determine that the offender is not
a sexual predator without a hearing but shall not make a
determination that as to whether the offender is, or is not, a sexual predator in any case
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. If the court determines without a hearing that
the offender is not a sexual predator, it shall include its
determination in the offender's institutional record and
(b) If, pursuant to division (C)(1)(b) of this section, the department sends to the court a determination that it is not recommending that an offender be adjudicated a sexual predator, the court shall not make any determination as to whether the offender is, or is not, a sexual predator but shall
determine whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense other than the
offense in relation to which the court determined that the
offender is not a sexual predator department made its determination or previously has been convicted of or pleaded guilty to a child-victim oriented offense.
The court may make the determination as to conduct a hearing to determine whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense or a child-victim oriented offense but may make the determination without a hearing, but. However, if the court
determines that the offender previously has been convicted of or
pleaded guilty to such an offense, it shall not impose a
requirement that the offender be subject to the community
notification provisions regarding the offender's place of
residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. The court may conduct a
hearing to determine both whether the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense and
whether to impose a requirement that the offender be subject to
the community notification provisions as described in this
division, or may conduct a hearing solely to make the latter
determination. In determining whether to impose the community notification requirement, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense or child-victim oriented offense, and, as such,
whether the offender is a habitual sex offender.
(b) If the court schedules (c) Upon scheduling a hearing under division
(C)(2)(a) or (b) of this section, the court shall give the offender and
the prosecutor who prosecuted the offender for the sexually
oriented offense, or that prosecutor's successor in office, notice
of the date, time, and place of the hearing. If the hearing is scheduled under division (C)(2)(a) of this section to
determine whether the offender is a sexual predator, it the prosecutor who is given the notice may contact the department of rehabilitation and correction and request that the department provide to the prosecutor all information the department possesses regarding the offender that is relevant and necessary for use in making the determination as to whether the offender is a sexual predator and that is not privileged or confidential under law. If the prosecutor makes a request for that information, the department promptly shall provide to the prosecutor all information the department possesses regarding the offender that is not privileged or confidential under law and that is relevant and necessary for making that determination. A hearing scheduled under division (C)(2)(a) of this section to determine whether the offender is a sexual predator shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in division divisions (B)(2) and (3) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in division divisions (B)(2) and (3) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines at the sexual predator hearing that the offender is not a sexual predator, it also
shall determine whether the offender previously has been convicted
of or pleaded guilty to a sexually oriented offense other than the
offense in relation to which the hearing is being conducted.
Upon making its determinations at the sexual predator hearing, the court
shall proceed as follows:
(i) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted and previously has not been convicted of or pleaded guilty to a child-victim oriented offense, it shall include its determinations in the offender's
institutional record its determinations and the reason or reasons why it determined that the offender is not a sexual predator.
(ii) If the hearing is to determine whether the offender is
a sexual predator, and if the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted or previously has been convicted of or pleaded guilty to a child-victim oriented offense, it shall include its determination that the offender is
not a sexual predator but is a habitual sex offender in the
offender's institutional record its determination that the offender is not a sexual predator but is a habitual sex offender and the reason or reasons why it determined that the offender is not a sexual predator, shall attach the determinations and the reason or reasons
to the offender's sentence, shall specify that the determinations
were pursuant to division (C) of this section, shall provide a
copy of the determinations and the reason or reasons to the offender, to the prosecuting
attorney, and to the department of rehabilitation and correction,
and may impose a requirement that the offender be subject to the
community notification provisions regarding the offender's place
of residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
those community notification provisions that requirement, the offender may appeal
the judge's determination that the offender is a habitual sex
offender.
(iii) If the hearing is to determine whether the offender
previously has been convicted of or pleaded guilty to a sexually
oriented offense other than the offense in relation to which the
hearing is being conducted and whether to impose a requirement
that the offender be subject to the specified community
notification provisions, and if the court determines that the
offender previously has been convicted of or pleaded guilty to
such an offense, the court shall proceed as described in division
(C)(2)(b)(ii) of this section and may impose a community
notification requirement as described in that division. The
offender shall not be subject to the specified community
notification provisions relative to the sexually oriented offense
in question if the court does not so impose the requirement
described in that division. If the court imposes those community
notification provisions, the offender may appeal the judge's
determination that the offender is a habitual sex offender.
(iv) If the court determined without a hearing that the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense other than the offense in relation to
which the court determined that the offender is not a sexual
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement
that the offender be subject to the specified community
notification provisions, after the hearing, the court may impose a
community notification requirement as described in division
(C)(2)(b)(ii) of this section. The offender shall not be subject
to the specified community notification provisions relative to the
sexually oriented offense in question if the court does not so
impose the requirement described in that division. If the court
imposes those community notification provisions, the offender may
appeal the judge's determination that the offender is a habitual
sex offender.
(v) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
this division divisions (C)(2)(a) and (c) of this section as to whether the offender is, or is not, a sexual
predator.
If the hearing is scheduled under division (C)(2)(b) of this section to determine whether the offender previously has been convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense or whether to subject the offender to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code, upon making the determination, the court shall attach the determination or determinations to the offender's sentence, shall provide a copy to the offender, to the prosecuting attorney, and to the department of rehabilitation and correction and may impose a requirement that the offender be subject to the community notification provisions. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The offender shall not be subject to the community notification provisions relative to the sexually oriented offense in question if the court does not so impose the requirement described in this division. If the court imposes that requirement, the offender may appeal the judge's determination that the offender is a habitual sex offender.
(3) The changes made in divisions (C)(1) and (2) of this section that take effect on the effective date of this amendment do not require a court to conduct a new hearing under those divisions for any offender regarding a sexually oriented offense if, prior to the effective date of this amendment, the court previously conducted a hearing under those divisions regarding that offense to determine whether the offender was a sexual predator. The changes made in divisions (C)(1) and (2) of this section that take effect on the effective date of this amendment do not require a court to conduct a hearing under those divisions for any offender regarding a sexually oriented offense if, prior to the effective date of this amendment and pursuant to those divisions, the department of rehabilitation and correction recommended that the offender be adjudicated a sexual predator regarding that offense, and the court denied the recommendation and determined that the offender was not a sexual predator without a hearing, provided that this provision does not apply if the sexually oriented offense in question was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code.
(D)(1)
Division (D)(1) of this section applies does not apply to
persons
any person who
have has been convicted of or pleaded guilty to a sexually
oriented
offense
and also. Division (D) of this section applies only to delinquent children as provided in Chapter 2152. of
the
Revised Code. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile sex
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code.
Upon the expiration of the applicable period of time
specified in division (D)(1)(a) or (b) of this section, an
offender who has been convicted of or pleaded guilty to
a sexually
oriented offense and who
has been adjudicated as being
a
sexual
predator relative to the sexually oriented offense in the
manner
described in division (B) or (C) of this section
may
petition the
judge who made the determination that the offender was a sexual
predator, or
that judge's successor
in office, to enter a
determination that
the offender no longer is a sexual predator.
Upon the filing
of
the petition, the judge may review the prior
sexual predator
determination
that comprises the sexual
predator
adjudication, and, upon consideration of A judge who is reviewing a sexual predator determination for a delinquent child under section 2152.84 or 2152.85 of the Revised Code shall comply with this section. At the hearing, the judge shall consider all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(3) of this section, either
shall
enter a
determination that the offender no longer is a
sexual
predator or
shall enter an order denying the petition. The
judge
shall not
enter a determination under this division
that the
offender delinquent child no
longer is a sexual
predator unless the
judge
determines by clear
and convincing
evidence that the
offender delinquent child is
unlikely to
commit a
sexually oriented offense in the
future. If
the judge
enters a
determination under this division
that the
offender delinquent child no longer is a
sexual predator, the judge shall
notify
the bureau of criminal
identification and investigation and
the
parole board of the
determination and shall include in the notice a statement of the reason or reasons why it determined that the delinquent child no longer is a sexual predator. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the offender delinquent child most
recently registered under section 2950.04
or
2950.05 of the
Revised Code of the determination that the
offender delinquent child no longer is
a sexual predator.
If the judge enters a determination under this
division that the offender no longer is a sexual predator and if
the offender has a duty to register under section 2950.04 of the
Revised Code resulting from the offender's conviction of or plea
of guilty to committing on or after the effective date of this
amendment an aggravated sexually oriented offense, the entry of
the determination under this division does not affect any duties
imposed upon the offender under this chapter as a result of that
conviction of or plea of guilty to the aggravated sexually
oriented offense. If the judge
enters an
order denying the
petition, the prior adjudication of
the offender
as a sexual
predator shall remain
in effect. An offender
determined to be a
sexual predator in the manner described in
division (B) or (C) of
this section may file a petition under this
division after the
expiration of the following periods of time:
(a) Regardless of when the sexually oriented offense was
committed, if, on or after January 1, 1997, the offender is
imprisoned or sentenced to a prison term or other confinement for
the sexually oriented offense in relation to which the
determination was made, the offender initially may file the
petition not earlier than one year prior to the offender's release
from the imprisonment, prison term, or other confinement by
discharge, parole, judicial release, or any other final release.
If the offender is sentenced on or after January 1, 1997, for the
sexually oriented offense in relation to which the determination
is made and is not imprisoned or sentenced to a prison term or
other confinement for the sexually oriented offense, the offender
initially may file the petition upon the expiration of one year
after the entry of the offender's judgment of conviction.
(b) After the offender's initial
filing of a petition under
division (D)(1)(a) of this section,
thereafter, an offender may
file a petition
under this division upon the expiration of five
years after the
court has entered an order denying
the petition
under division (D)(1)(a) of this section or the most recent
petition the
offender has filed under this division.
(2) Except as otherwise provided in this division, division
(D)(1) of this section does
not apply to a person who is
classified as a sexual predator
pursuant to division (A) of this
section. If a person who is so
classified was sentenced to a
prison term pursuant to division
(A)(3) of section 2971.03 of the
Revised Code and if the
sentencing court terminates the offender's
prison term as provided
in division (D) of section 2971.05 of the
Revised Code, the
court's termination of the prison term
automatically shall
constitute a determination by the court that
the offender no
longer is a sexual predator.
However, if there is
a determination under this division that the offender no longer is
a sexual predator and if the offender has a duty to register under
section 2950.04 of the Revised Code resulting from the offender's
conviction of or plea of guilty to committing on or after the
effective date of this amendment an aggravated sexually oriented
offense, the determination under this division does not affect any
duties imposed upon the offender under this chapter as a result of
that conviction of or plea of guilty to the aggravated sexually
oriented offense. If the court so
terminates the
offender's
prison term, the court shall notify the
bureau of
criminal
identification and investigation and the parole
board of
the
determination that the offender no longer is a sexual
predator.
Upon receipt of the notification, the bureau promptly
shall notify
the sheriff with whom the offender most recently
registered under
section 2950.04 or 2950.05 of the Revised Code
that the offender
no longer is a sexual predator. If an offender
who has been convicted of or pleaded guilty to a sexually oriented offense is classified
as a sexual predator pursuant to division (A) of
this section is
released from prison pursuant to a pardon or
commutation or has been adjudicated a sexual predator relative to the offense as described in division (B) or (C) of this section, subject to division (F) of this section, the
classification or adjudication of the offender as a sexual
predator shall remain
in effect after the offender's release, and
the offender may file
one or more petitions in accordance with the
procedures and time
limitations contained in division (D)(1) of
this section for a
determination that the offender no longer is a
sexual predator is permanent and continues in effect until the offender's death and in no case shall the classification or adjudication be removed or terminated.
(E)(1) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt sexually oriented offense, the judge who is to impose
sentence on the offender shall
determine, prior to sentencing, whether the offender
previously
has been convicted of or pleaded guilty to, or adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense
and
is a habitual sex
offender. The judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall
determine, prior to entering the
order classifying
the delinquent
child a juvenile sex offender
registrant,
whether
the delinquent
child previously has been
convicted of or pleaded
guilty to, or adjudicated a
delinquent
child for
committing, a
sexually oriented offense or a child-victim oriented offense
and is a
habitual sex offender,
if either of the following applies:
(a) The judge is required by section 2152.82 or division
(A)
of section 2152.83 of the Revised Code to classify the child a
juvenile sex offender registrant;
(b) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant.
(2) If, under division (E)(1) of this section,
the judge
determines that the
offender
or delinquent child previously has
not been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for
committing, a sexually oriented
offense or a child-victim oriented offense
or
that the offender otherwise does not satisfy the
criteria for
being a habitual sex offender, the
judge shall
specify in
the
offender's
sentence
or in the
order classifying the
delinquent
child a juvenile sex offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If
If, under division (E)(1) of this section, the judge determines that the
offender
or
delinquent child
previously has been convicted of or
pleaded
guilty to, or been
adjudicated a delinquent child for
committing,
a sexually oriented
offense or a child-victim oriented offense
and that the offender
satisfies all
other criteria for being a habitual sex offender,
the offender or delinquent child is a habitual sex offender or habitual child-victim offender and the court shall determine whether to impose a requirement that the offender or delinquent child be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code. In making the determination regarding the possible imposition of the community notification requirement, if at least two of the sexually oriented offenses or child-victim oriented offenses that are the basis of the habitual sex offender or habitual child-victim offender determination were committed against a victim who was under eighteen years of age, it is presumed that subjecting the offender or delinquent child to the community notification provisions is necessary in order to comply with the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. When a judge determines as described in this division that an offender or delinquent child is a habitual sex offender or a habitual child-victim offender, the judge shall
specify
in the offender's sentence and
the
judgment of conviction
that
contains the sentence
or in the
order
classifying the
delinquent child a juvenile sex offender
registrant that the judge
has
determined that the offender
or
delinquent child is a habitual
sex
offender and, regarding an offender who committed the most
recent sexually oriented offense prior to the effective date of
this amendment or a delinquent child, may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or
delinquent child be
subject to the
community
notification
provisions regarding the
offender's
or
delinquent
child's place of
residence that are
contained in
sections 2950.10
and 2950.11 of
the Revised Code.
Unless the
habitual sex offender
also has been
adjudicated as
being a sexual
predator relative to
the sexually
oriented offense
in question
or, the habitual sex offender was
convicted of or pleaded guilty to an aggravated sexually oriented
offense that was committed on or after the effective date of this
amendment, or the habitual
sex offender was convicted of or pleaded guilty to a sexually
oriented offense that was committed on or after the effective date
of this amendment,
the offender
or
delinquent child
shall
be subject
to
those
community
notification provisions
only
if the court
imposes
the
requirement described in this division
in
the
offender's
sentence
and the judgment of conviction
or in
the
order
classifying the
delinquent child a juvenile sex offender
registrant. If the court determines pursuant to this division or division (C)(2) of this section that an offender is a habitual sex offender, the determination is permanent and continues in effect until the offender's death, and in no case shall the determination be removed or terminated. Sections 2950.10 and 2950.11 of the Revised Code
automatically apply regarding an offender who was convicted of or
pleaded guilty to an aggravated sexually oriented offense
committed on or after June 13, 2002, or was convicted of or
pleaded guilty to a sexually oriented offense committed on or
after the effective date of this amendment.
If a court in another state, a federal court, military court, or Indian tribal court, or a court in any nation other than the United States determines a person to be a habitual sex offender in that jurisdiction, the person is considered to be determined to be a habitual sex offender in this state. If the court in the other state, the federal court, military court, or Indian tribal court, or the court in the nation other than the United States subjects the habitual sex offender to community notification regarding the person's place of residence, the person, as much as is practicable, is subject to the community notification provisions regarding the person's place of residence that are contained in sections 2950.10 and 2950.11 of the Revised Code, unless the court that so subjected the person to community notification determines that the person no longer is subject to community notification.
(F)(1) An offender
or delinquent child classified as a
sexual predator may petition the court of common pleas
or, for a
delinquent child, the juvenile court of the
county in which the
offender
or delinquent child resides or
temporarily is domiciled
to enter a determination that the
offender
or delinquent child is
not an adjudicated sexual predator
in this state for purposes of
the sex offender registration and other
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply:
(a) The offender
or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense that is not a registration-exempt sexually oriented offense in another state or, in a
federal court, a military court, or an Indian tribal court, or in a court of any nation other than the United States.
(b) As a result of the conviction, plea of guilty, or
adjudication described in division (F)(1)(a) of this section, the
offender
or delinquent child is required under the law of the
jurisdiction under which the offender
or delinquent child was
convicted, pleaded guilty, or was adjudicated to register as a
sex
offender until the offender's
or delinquent child's death and
is
required to verify the offender's
or delinquent child's address
on
at least a quarterly basis each year.
(c) The offender
or delinquent child was automatically
classified as a sexual predator under division (A) of this section
in relation to the conviction, guilty plea, or adjudication
described in division (F)(1)(a) of this section.
(2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the sex offender registration and other requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death and the requirement that
the offender
or delinquent child verify the offender's
or
delinquent child's address on at least a quarterly basis each year
is not substantially similar to a classification as a sexual
predator for purposes of this chapter. If the court enters a determination that the offender or delinquent child is not an adjudicated sexual predator in this state for those purposes, the court shall include in the determination a statement of the reason or reasons why it so determined.
(G) If, prior to the effective date of this section, an offender or delinquent child was adjudicated a sexual predator or was determined to be a habitual sex offender under this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and if, on and after the effective date of this amendment, the sexually oriented offense upon which the classification or determination was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of that offense, on and after the effective date of this amendment, all of the following apply:
(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code apply regarding the offender or child, and the judge's classification or determination made prior to the effective date of this amendment shall be considered for all purposes to be a classification or determination that classifies the offender or child as described in those divisions.
(2) The offender's or child's classification or determination under divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the classification or determination made prior to the effective date of this amendment.
(3) The offender's or child's duties under this chapter relative to that classification or determination shall be considered for all purposes to be a continuation of the duties related to that classification or determination as they existed prior to the effective date of this amendment.
Sec. 2950.091. (A)(1) If, prior to the effective date of this section, a person was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing, a sexually oriented offense, if, prior to the effective date of this section, the offender or delinquent child was classified a sexual predator in relation to that offense pursuant to division (A) of section 2950.09 of the Revised Code, and if, on and after the effective date of this section, the sexually oriented offense upon which the classification was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of the offense, the classification of the offender or child as a sexual predator remains valid and in effect on and after the effective date of this section.
(2) If, prior to the effective date of this section, a person was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing a sexually oriented offense, if, prior to the effective date of this section, the offender or delinquent child was adjudicated a sexual predator in relation to that offense under section 2950.09 or section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, if, on and after the effective date of this section, the sexually oriented offense upon which the adjudication was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, and if division (A)(1) of this section does not apply, notwithstanding the redesignation of the offense, on and after the effective date of this section, the offender or delinquent child automatically is classified a child-victim predator. If a person is convicted, pleads guilty, or adjudicated a delinquent child in a court of another state, in a federal court, military court, or Indian tribal court, or in a court of any nation other than the United States for committing a child-victim oriented offense, and if, as a result of that conviction, plea of guilty, or adjudication, the person is required under the law of the jurisdiction in which the person was convicted, pleaded guilty, or adjudicated to register as a child-victim offender or sex offender until the person's death, that conviction, plea of guilty, or adjudication automatically classifies the person a child-victim predator for the purposes of this chapter, but the person may challenge that classification pursuant to division (F) of this section.
(3) In all cases not described in division (A)(1) or (2) of this section, a person who is convicted of or pleads guilty to, has been convicted of or pleaded guilty to, or is adjudicated a delinquent child for committing a child-victim oriented offense may be classified a child-victim predator for purposes of this chapter only in accordance with division (B) or (C) of this section or, regarding delinquent children, divisions (B) and (C) of section 2152.83 of the Revised Code.
(B)(1)(a) Regardless of when the offense was committed, the judge who is to impose sentence on or after the effective date of this section on an offender who has been convicted of or pleaded guilty to a child-victim oriented offense shall conduct a hearing to determine whether the offender is a child-victim predator.
(b) The judge who is to impose or has imposed an order of disposition upon a child who is adjudicated a delinquent child for committing on or after the effective date of this section a child-victim oriented offense shall conduct a hearing as provided in this division to determine whether the child is to be classified as a child-victim predator if either of the following applies:
(i) The judge is required by section 2152.82 or division (A) of section 2152.83 of the Revised Code to classify the child a juvenile offender registrant.
(ii) Division (B) of section 2152.83 of the Revised Code applies regarding the child, the judge conducts a hearing under that division for the purposes described in that division, and the judge determines at that hearing that the child will be classified a juvenile offender registrant.
(2) Regarding an offender, the judge shall conduct the hearing required by division (B)(1)(a) of this section prior to sentencing and, if the child-victim oriented offense is a felony and if the hearing is being conducted under division (B)(1)(a) of this section, the judge may conduct it as part of the sentencing hearing required by section 2929.19 of the Revised Code. Regarding a delinquent child, the judge may conduct the hearing required by division (B)(1)(b) of this section at the same time as, or separate from, the dispositional hearing, as specified in the applicable provision of section 2152.82 or 2152.83 of the Revised Code. The court shall give the offender or delinquent child and the prosecutor who prosecuted the offender or handled the case against the delinquent child for the child-victim oriented offense notice of the date, time, and location of the hearing. At the hearing, the offender or delinquent child and the prosecutor have the same opportunities and rights as described in division (B)(2) of section 2950.09 of the Revised Code regarding sexual predator hearings.
(3) In making a determination under divisions (B)(1) and (4) of this section as to whether an offender or delinquent child is a child-victim predator, the judge shall consider all relevant factors, including, but not limited to, all of the factors identified in division (B)(3) of section 2950.09 of the Revised Code regarding sexual predator hearings, except that all references in the factors so identified in that division to any "sexual offense" or "sexually oriented offense" shall be construed for purposes of this division as being references to a "child-victim oriented offense" and all references in the factors so identified to "sexual offenders" shall be construed for purposes of this division as being references to "child-victim offenders."
(4) After reviewing all testimony and evidence presented at the hearing conducted under division (B)(1) of this section and the factors specified in division (B)(3) of this section, the court shall determine by clear and convincing evidence whether the subject offender or delinquent child is a child-victim predator. If the court determines that the subject offender or delinquent child is not a child-victim predator, the court shall specify in the offender's sentence and the judgment of conviction that contains the sentence or in the delinquent child's dispositional order, as appropriate, that the court has determined that the offender or delinquent child is not a child-victim predator and the reason or reasons why the court determined that the subject offender or delinquent child is not a child-victim predator. If the court determines by clear and convincing evidence that the subject offender or delinquent child is a child-victim predator, the court shall specify in the offender's sentence and the judgment of conviction that contains the sentence or in the delinquent child's dispositional order, as appropriate, that the court has determined that the offender or delinquent child is a child-victim predator and shall specify that the determination was pursuant to division (B) of this section. In any case in which
the child-victim oriented offense in question was committed by the
offender on or after the effective date of this amendment, the
court shall specify in the offender's sentence and judgment of
conviction that contains the sentence that the offender committed
the child-victim oriented offense on or after the effective date of
this section. The offender or delinquent child and the prosecutor who prosecuted the offender or handled the case against the delinquent child for the child-victim oriented offense in question may appeal as a matter of right the court's determination under this division as to whether the offender or delinquent child is, or is not, a child-victim predator.
(C)(1) If, prior to the effective date of this section, a person was convicted of or pleaded guilty to a sexually oriented offense, if, on and after the effective date of this section, the sexually oriented offense no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, if the person was not sentenced for the offense on or after January 1, 1997, and if, on or after the effective date of this section, the offender is serving a term of imprisonment in a state correctional institution, the department of rehabilitation and correction shall determine whether to recommend that the offender be adjudicated a child-victim predator. In making a determination under this division as to whether to recommend that the offender be adjudicated a child-victim predator, the department shall consider all relevant factors, including, but not limited to, all of the factors specified in divisions (B)(2) and (3) of this section. If the department determines that it will recommend that the offender be adjudicated a child-victim predator or determines that it will not recommend that the offender be adjudicated a child-victim predator, it immediately shall send its recommendation or determination to the court that sentenced the offender. In all cases, the department shall enter its determination and recommendation in the offender's institutional record, and the court shall proceed in accordance with division (C)(2) of this section.
(2)(a) If, pursuant to division (C)(1) of this section, the department of rehabilitation and correction sends to a court a recommendation that an offender be adjudicated a child-victim predator, the court is not bound by the department's recommendation, and the court shall conduct a hearing to determine whether the offender is a child-victim predator. In any case, the court shall not make a determination that the offender is, or is not, a child-victim predator without a hearing. The court may hold the hearing and make the determination prior to the offender's release from imprisonment or at any time within one year following the offender's release from that imprisonment.
(b) If, pursuant to division (C)(1) of this section, the department sends to the court a determination that it is not recommending that an offender be adjudicated a child-victim predator, the court shall not make any determination as to whether the offender is, or is not, a child-victim predator but shall determine whether the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense other than the offense in relation to which the department made its determination.
The court may conduct a hearing to determine whether the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense but may make the determination without a hearing. However, if the court determines that the offender previously has been convicted of or pleaded guilty to an offense of that nature, it shall not impose a requirement that the offender be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code without a hearing. The court shall include in the offender's institutional record any determination made under this division as to whether the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense and whether the offender is a habitual child-victim offender.
(c) Upon scheduling a hearing under division (C)(2)(a) or (b) of this section, the court shall give the offender and the prosecutor who prosecuted the offender for the child-victim oriented offense, or that prosecutor's successor in office, notice of the date, time, and place of the hearing. If the hearing is scheduled under division (C)(2)(a) of this section to determine whether the offender is a child-victim predator, it shall be conducted in the manner described in division (B)(1) of this section regarding hearings conducted under that division, and, in making a determination under this division as to whether the offender is a child-victim predator, the court shall consider all relevant factors, including, but not limited to, all of the factors specified in divisions (B)(2) and (3) of this section. After reviewing all testimony and evidence presented at the child-victim predator hearing and the factors specified in divisions (B)(2) and (3) of this section, the court shall determine by clear and convincing evidence whether the offender is a child-victim predator. If the court determines at the child-victim predator hearing that the offender is not a child-victim predator, it also shall determine whether the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense other than the offense in relation to which the hearing is being conducted.
Upon making its determinations at the child-victim predator hearing, the court shall proceed as follows:
(i) If the court determines that the offender is not a child-victim predator and that the offender previously has not been convicted of or pleaded guilty to a child-victim oriented offense other than the offense in relation to which the hearing is being conducted, it shall include in the offender's institutional record its determinations and the reason or reasons why it determined that the offender is not a child-victim predator.
(ii) If the court determines that the offender is not a child-victim predator but that the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense other than the offense in relation to which the hearing is being conducted, it shall include in the offender's institutional record its determination that the offender is not a child-victim predator but is a habitual child-victim offender and the reason or reasons why it determined that the offender is not a child-victim predator, shall attach the determinations and the reason or reasons to the offender's sentence, shall specify that the determinations were made pursuant to division (C) of this section, shall provide a copy of the determinations and the reason or reasons to the offender, to the prosecuting attorney, and to the department of rehabilitation and correction, and may impose a requirement that the offender be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code. The offender shall not be subject to those community notification provisions relative to the child-victim oriented offense in question if the court does not so impose the requirement described in this division. If the court imposes that requirement, the offender may appeal the judge's determination that the offender is a habitual child-victim offender.
(iii) If the court determines by clear and convincing evidence that the offender is a child-victim predator, it shall enter its determination in the offender's institutional record, shall attach the determination to the offender's sentence, shall specify that the determination was made pursuant to division (C) of this section, and shall provide a copy of the determination to the offender, to the prosecuting attorney, and to the department of rehabilitation and correction. The offender and the prosecutor may appeal as a matter of right the judge's determination under this division as to whether the offender is, or is not, a child-victim predator.
If the hearing is scheduled under division (C)(2)(b) of this section to determine whether the offender previously has been convicted of or pleaded guilty to a child-victim oriented offense or whether to subject the offender to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code, upon making the determination, the court shall attach the determination or determinations to the offender's sentence, shall provide a copy to the offender, to the prosecuting attorney, and to the department of rehabilitation and correction and may impose a requirement that the offender be subject to the community notification provisions. The offender shall not be subject to the community notification provisions relative to the child-victim oriented offense in question if the court does not so impose the requirement described in this division. If the court imposes that requirement, the offender may appeal the judge's determination that the offender is a habitual child-victim offender.
(3) Divisions (C)(1) and (2) of this section do not require a court to conduct a new hearing under those divisions for any offender regarding a child-victim oriented offense if, prior to the effective date of this section, the court previously conducted a hearing under divisions (C)(1) and (2) of section 2950.09 of the Revised Code regarding that offense, while it formerly was classified a sexually oriented offense, to determine whether the offender was a sexual predator. Divisions (C)(1) and (2) of this section do not require a court to conduct a hearing under those divisions for any offender regarding a child-victim oriented offense if, prior to the effective date of this section and pursuant to divisions (C)(1) and (2) of section 2950.09 of the Revised Code, the department of rehabilitation and correction recommended that the offender be adjudicated a sexual predator regarding that offense, while it formerly was classified a sexually oriented offense, and the court denied the recommendation and determined that the offender was not a sexual predator without a hearing, provided that this provision does not apply if the child-victim oriented offense in question was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code.
(D)(1) Division (D) of this section does not apply to any person who has been convicted of or pleaded guilty to a child-victim oriented offense. Division (D) of this section applies only to delinquent children as provided in Chapter 2152. of the Revised Code. A person who has been adjudicated a delinquent child for committing a child-victim oriented offense and who has been classified by a juvenile court judge a juvenile offender registrant or, if applicable, additionally has been determined by a juvenile court judge to be a child-victim predator or habitual child-victim offender, may petition the adjudicating court for a reclassification or declassification pursuant to section 2152.85 of the Revised Code.
A judge who is reviewing a child-victim predator determination for a delinquent child under section 2152.84 or 2152.85 of the Revised Code shall comply with this section. At the hearing, the judge shall consider all relevant evidence and information, including, but not limited to, the factors set forth in division (B)(3) of this section. The judge shall not enter a determination that the delinquent child no longer is a child-victim predator unless the judge determines by clear and convincing evidence that the delinquent child is unlikely to commit a child-victim oriented offense in the future. If the judge enters a determination under this division that the delinquent child no longer is a child-victim predator, the judge shall notify the bureau of criminal identification and investigation of the determination and shall include in the notice a statement of the reason or reasons why it determined that the delinquent child no longer is a child-victim predator. Upon receipt of the notification, the bureau promptly shall notify the sheriff with whom the delinquent child most recently registered under section 2950.04 or 2950.05 of the Revised Code of the determination that the offender no longer is a child-victim predator.
(2) If an offender who has been convicted of or pleaded guilty to a child-victim oriented offense is classified a child-victim predator pursuant to division (A) of this section or has been adjudicated a child-victim predator relative to the offense as described in division (B) or (C) of this section, subject to division (F) of this section, the classification or adjudication of the offender as a child-victim predator is permanent and continues in effect until the offender's death, and in no case shall the classification or adjudication be removed or terminated.
(E)(1) If, prior to the effective date of this section, a person was convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a sexually oriented offense, if, on and after the effective date of this section, the sexually oriented offense no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, if, prior to the effective date of this section, a judge determined that the offender or delinquent child was a habitual sex offender, and if one or more of the offenses that was the basis of the offender or delinquent child being a habitual sex offender remains on and after the effective date of this section a sexually oriented offense, notwithstanding the redesignation of the offense as described in this division, the determination and classification of that person as a habitual sex offender remains valid and in effect on and after the effective date of this section.
(2) If, prior to the effective date of this section, a person was convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a sexually oriented offense, if, on and after the effective date of this section, the sexually oriented offense no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, if, prior to the effective date of this section, a judge determined that the offender or delinquent child was a habitual sex offender, and if none of the offenses that was the basis of the offender or delinquent child being a habitual sex offender remains on and after the effective date of this section a sexually oriented offense, on and after the effective date of this section, the offender or delinquent child automatically is classified a habitual child-victim offender.
(3) If a person is convicted of or pleads guilty to committing a child-victim oriented offense and is to be sentenced for the offense on or after the effective date of this section, the judge who is to impose sentence on the offender shall determine, prior to sentencing, whether the offender previously has been convicted of or pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and is a habitual child-victim offender. The judge who is to impose or has imposed an order of disposition on or after the effective date of this section upon a child who is adjudicated a delinquent child for committing a child-victim oriented offense shall determine, prior to entering the order classifying the delinquent child a juvenile child-victim offender registrant, whether the delinquent child previously has been convicted of or pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and is a habitual child-victim offender, if either of the following applies:
(a) The judge is required by section 2152.82 or division (A) of section 2152.83 of the Revised Code to classify the child a juvenile offender registrant.
(b) Division (B) of section 2152.83 of the Revised Code applies regarding the child, the judge conducts a hearing under that division for the purposes described in that division, and the judge determines at that hearing that the child will be classified a juvenile offender registrant.
(4) If, under division (E)(3) of this section, the judge determines that the offender or delinquent child previously has not been convicted of or pleaded guilty to, or been adjudicated a delinquent child for committing, a child-victim oriented offense or that the offender otherwise does not satisfy the criteria for being a habitual child-victim offender, the judge shall specify in the offender's sentence or in the order classifying the delinquent child a juvenile child-victim offender registrant that the judge has determined that the offender or delinquent child is not a habitual child-victim offender. If the judge determines that the offender or delinquent child previously has been convicted of or pleaded guilty to, or been adjudicated a delinquent child for committing, a child-victim oriented offense and that the offender satisfies all other criteria for being a habitual child-victim offender, the judge shall specify in the offender's sentence and the judgment of conviction that contains the sentence or in the order classifying the delinquent child a juvenile offender registrant that the judge has determined that the offender or delinquent child is a habitual child-victim offender and regarding an offender who committed the most
recent child-victim oriented offense prior to the effective date of
this section or a delinquent child, may impose a requirement in that sentence and judgment of conviction or in that order that the offender or delinquent child be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code. Unless the habitual child-victim offender also has been adjudicated a child-victim predator relative to the child-victim oriented offense in question, or the habitual
child-victim offender was convicted of or pleaded guilty to a child-victim
oriented offense that was committed on or after the effective date
of this section the offender or delinquent child shall be subject to those community notification provisions only if the court imposes the requirement described in this division in the offender's sentence and the judgment of conviction or in the order classifying the delinquent child a juvenile offender registrant. If the court determines pursuant to this division or division (C)(2) of this section that an offender is a habitual child-victim offender, the determination is permanent and continues in effect until the offender's death, and in no case shall the determination be removed or terminated.
If a court in another state, a federal court, military court, or Indian tribal court, or a court in any nation other than the United States, determines a person is a habitual child-victim offender in that jurisdiction, the person is considered to be determined a habitual child-victim offender in this state. If the court in the other state, the federal court, military court, or Indian tribal court, or the court in any nation other than the United States subjects the habitual child-victim offender to community notification regarding the person's place of residence, the person, as much as is practicable, is subject to the community notification provisions regarding the person's place of residence that are contained in sections 2950.10 and 2950.11 of the Revised Code, unless the court that so subjected the person to community notification determines that the person no longer is subject to community notification.
(F)(1) An offender or delinquent child classified a child-victim predator may petition the court of common pleas or, for a delinquent child, the juvenile court of the county in which the offender or delinquent child resides or temporarily is domiciled to enter a determination that the offender or delinquent child is not an adjudicated child-victim predator in this state for purposes of the registration and other requirements of this chapter or the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code if all of the following apply:
(a) The offender or delinquent child was convicted, pleaded guilty, or adjudicated a delinquent child in a court of another state, in a federal court, a military court, or Indian tribal court, or in a court of any nation other than the United States for committing a child-victim oriented offense.
(b) As a result of the conviction, plea of guilty, or adjudication described in division (F)(1)(a) of this section, the offender or delinquent child is required under the law of the jurisdiction under which the offender or delinquent child was convicted, pleaded guilty, or was adjudicated to register as a child-victim offender until the offender's or delinquent child's death.
(c) The offender or delinquent child was automatically classified a child-victim predator under division (A) of this section in relation to the conviction, guilty plea, or adjudication described in division (F)(1)(a) of this section.
(2) The court may enter a determination that the offender or delinquent child filing the petition described in division (F)(1) of this section is not an adjudicated child-victim predator in this state for purposes of the registration and other requirements of this chapter or the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code only if the offender or delinquent child proves by clear and convincing evidence that the requirement of the other jurisdiction that the offender or delinquent child register as a child-victim offender until the offender's or delinquent child's death is not substantially similar to a classification as a child-victim predator for purposes of this chapter. If the court enters a determination that the offender or delinquent child is not an adjudicated child-victim predator in this state for those purposes, the court shall include in the determination a statement of the reason or reasons why it so determined.
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads
guilty to, or has been convicted of or pleaded
guilty to, either a
sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent
child for committing either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
and is classified
a juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if the
offender
or
delinquent child
is in any category specified in
division (B)(1)(a), (b), or (c), or (d) of this section, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04, 2950.041, or 2950.05 of
the
Revised
Code, and if the victim of the
sexually oriented
offense or child-victim oriented offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense or child-victim oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
or delinquent child's name
and
residence
the address or
addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's name and residence address or addresses. The sheriff shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim, not later than
seventy-two hours five days after
the offender
or delinquent child registers
with
the sheriff.
(2) If a person is convicted of or pleads guilty to,
or has
been convicted
of or pleaded guilty to, either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent child for
committing either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if
the
offender
or delinquent
child
is in any category
specified in
division (B)(1)(a), (b), or (c), or (d) of this section, if
the
offender
or
delinquent child registers with a
sheriff pursuant
to
section
2950.04, 2950.041, or 2950.05 of the Revised
Code, if the victim
of the
sexually
oriented offense or child-victim oriented offense has made a
request in accordance
with
rules
adopted by the attorney general
that
specifies that the
victim
would like to be provided the
notices described in
this
section,
and if the offender
or
delinquent child notifies the
sheriff of a
change of residence, school, institution of higher education, or place of employment address or the delinquent child notifies the sheriff of a change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense or child-victim oriented offense,
in writing, that the
offender's
or delinquent
child's residence
address has changed and
shall
include in the
notice the
offender's
or delinquent child's name
and the new residence
address or
addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's name and new residence address or addresses.
The
sheriff shall provide
the notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, no later
than
seventy-two hours five days after the offender
or
delinquent child notifies
the sheriff of the change
in the
offender's
or delinquent child's
residence, school, institution of higher education, or place of employment address.
(3) If
a person is convicted of or pleads guilty
to, or
has
been
convicted of or pleaded guilty to, either a sexually
oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense
or a person is adjudicated a delinquent child for
committing either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, and if the
offender
or
delinquent child is adjudicated as
being a sexual
predator
relative to the sexually
oriented offense
or the offender
or
delinquent child is determined
pursuant
to
division (E) of
section
2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the Revised
Code
to be a
habitual
sex offender and is made subject to in any category specified in division (B)(1)(a), (b), (c), or (d) of this section,
the
victim of
the offense may make a request in accordance with
rules
adopted by
the attorney general pursuant
to section 2950.13
of the
Revised
Code that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions.
(4) If a victim makes a request as described in division
(A)(3) of this
section that specifies that the victim would like
to be provided the notices
described in divisions (A)(1)
and (2)
of this section, all information a sheriff obtains
regarding the
victim from or as a result of the request is
confidential, and the
information is not a public record open
for inspection under
section 149.43 of the Revised Code.
(5) The notices described in divisions
(A)(1) and (2) of
this section are in addition
to any notices regarding the offender
or delinquent child that the
victim is entitled to receive
under
Chapter 2930. of the Revised Code.
(B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) of this section apply regarding any
offender or delinquent child who is in any of the following
categories, if the other criteria set forth in division (A)(1) or
(2) of this section, whichever is applicable, are satisfied:
(a) The offender or sexually oriented offense or child-victim oriented offense for which the
offender has the duty to register under section 2950.04 or 2950.041 of the
Revised Code was committed prior to the effective date of this
amendment and the offender has been adjudicated a sexual predator or child-victim predator
relative to that offense, or the delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or the offender or delinquent child has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the offender or child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
regarding a delinquent child that the offender or delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable.
(b) The offender or sexually oriented offense or child-victim oriented offense for which the
offender has the duty to register under section 2950.04 or 2950.041 of the
Revised Code was committed prior to the effective date of this
amendment, the offender has been determined pursuant to division
(C)(2) or (E) of section 2950.09 or 2950.091 of the Revised Code to be a
habitual sex offender or habitual child-victim offender, and the court has imposed a requirement
under that division subjecting the offender to this
section, or the delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child.
(c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense committed on or after
the
effective date of this amendment prior to the effective date of this amendment, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so adjudicated or determined to be a habitual sex offender, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (A)(1)(a) or (b) of this section.
(d) The sexually oriented offense or child-victim oriented offense for which the offender has
the duty to register under section 2950.04 or 2950.041 of the Revised Code was
committed on or after the effective date of this amendment in this
state or another state, under the law of the United States, or
under the law applicable in a military court or in an Indian
tribal court, regardless of whether the offender has been
adjudicated a sexual predator or a child-victim predator relative to that offense, regardless
of whether the offender has been determined to be a habitual sex
offender or habitual child-victim offender, and regardless of whether that offense is an aggravated
sexually oriented offense.
(2) A victim of a sexually oriented offense that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense is not entitled
to
be provided any notice described in division (A)(1) or (2) of
this section
unless the offender
or delinquent child is
in a
category
specified in division (B)(1)(a), (b), or (c), or (d) of this
section.
A
victim of a
sexually oriented offense that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense is not
entitled
to any
notice described
in division (A)(1) or (2) of this
section
unless
the victim makes
a request in accordance with rules
adopted
by the
attorney general
pursuant to section 2950.13 of the
Revised
Code
that specifies
that the victim would like to be
provided the
notices
described in
divisions (A)(1) and (2) of this
section.
This division does not
affect any rights of a victim of a
sexually
oriented offense or child-victim oriented offense to be
provided
notice regarding an
offender
or
delinquent child that are
described in
Chapter
2930. of the
Revised Code.
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, either a sexually
oriented offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, or a person is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and if the offender
or
delinquent child
is in any
category specified in division (F)(1)(a), (b), or (c), or (d) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04, 2950.041, or
2950.05 of
the
Revised Code
and the sheriff to whom the offender or
delinquent child most
recently sent a notice of intent to reside
under section 2950.04
or 2950.041 of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the following
persons described in divisions (A)(1) to (9) of this section. If the sheriff has sent a notice to the persons described in those divisions as a result of receiving a notice of intent to reside and if the offender or delinquent child registers a residence address that is the same residence address described in the notice of intent to reside, the sheriff is not required to send an additional notice when the offender or delinquent child registers. The sheriff shall provide the notice to all of the following persons:
(1) All occupants of residences
(a) Any occupant of each residential unit that is located within one
thousand feet of
the offender's
or delinquent
child's place of
residence residential premises, that are
is located within
the county served by the sheriff,
and all that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division.
(b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional
neighbors of
the offender
or delinquent child
persons who are within
any
category
of neighbors of the offender or delinquent child that
the attorney general by rule
adopted under section
2950.13 of the
Revised
Code requires to be
provided the notice and
who reside
within the county
served by the
sheriff;
(2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff;
(3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff;
(b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends;
(c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends.
(4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section;
(b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends.
(5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff;
(6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution;
(8) The sheriff of each county that includes any portion of
the specified
geographical notification area;
(9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides.
(B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child:
(1) The offender's
or delinquent child's name;
(2) The address or addresses at which the offender
or
delinquent child
resides of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's residence address or addresses;
(3) The sexually oriented offense or child-victim oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child;
(4) All of the following statements that are applicable:
(a) A statement that the offender
or delinquent child has
been
adjudicated as being a sexual
predator for an offense committed prior to the effective date of this amendment, a statement that the offender has been convicted of or pleaded guilty to an aggravated sexually oriented offense committed prior to the effective date of this amendment, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a
determination that
the offender
or delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or is a habitual sex offender regarding two or more offenses committed prior to the effective date of this amendment, a statement that the sentencing or reviewing judge has determined that the delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination
has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code, or a statement that the offender has
committed a sexually oriented offense or a child-victim oriented offense on or after the effective
date of this amendment, whichever is applicable;
(b) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim offender and that, as of the date of the notice, the determination regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the Revised Code.
(C) If a sheriff with whom an offender
or delinquent child
registers
under section
2950.04, 2950.041, or 2950.05 of the Revised Code
or
to whom the offender or delinquent child most recently sent a
notice of intent to reside under section 2950.04 or 2950.041 of the Revised
Code is
required by
division
(A) of this section to provide
notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of
one
or
more other counties in accordance with division (A)(8) of
this
section, the
sheriff of each of the other counties who is
provided
notice
under division (A)(8) of this section shall
provide the
notices described in
divisions
(A)(1) to (7) and
(A)(9) of this
section to each
person or entity identified within
those divisions
that is
located within the specified geographical
notification area and
within the
county served by the sheriff in
question.
(D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that
are
described
in division (A)(1) of this
section and the notices to
law
enforcement personnel that are described in
divisions (A)(8)
and
(9) of this section as soon as practicable, but no later than
seventy-two hours five days after the
offender sends the notice of intent to reside to the sheriff and
again no later than seventy-two
hours five days after the
offender
or
delinquent child registers with the sheriff or, if the
sheriff is
required by division
(C) to provide the notices, no
later than
seventy-two hours five days after the sheriff
is provided the
notice
described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this
section to
provide notices regarding an offender
or delinquent child
shall
provide the notices to
all other specified persons that are
described in divisions (A)(2) to (7) of
this section as soon as practicable, but not later
than seven days after the offender
or delinquent
child registers
with the
sheriff or, if the sheriff is required by division
(C) to
provide the notices, no
later than seventy-two hours five days after the
sheriff is provided the
notice described in division (A)(8) of
this section.
(2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence, school, institution of higher education, or place of employment
address, as applicable, with a sheriff
pursuant to section 2950.06 of the
Revised Code, the sheriff may
provide a
written notice containing the information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division (A)(8) of this
section,
the sheriff of each of the other counties who is
provided the
notice under division
(A)(8) of this section may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this section to the
persons identified in divisions
(A)(1) to (7) and (A)(9) of this
section.
(3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit.
(E)(1) All information that a sheriff possesses regarding an offender or regarding a delinquent child who is a
sexual predator or, a
habitual sex offender, a child-victim predator, or a habitual child-victim offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. Subject to division (E)(2) of this section, a
sheriff may publicly disseminate or cause to be publicly
disseminated by means of the internet a notice containing the
information set forth in division (B) of this section or any other
information of a type described in this division.
If the sexual predator or habitual sex offender is a juvenile
sex offender registrant, the (2) The sheriff shall not cause any of the
information described in this division to be publicly disseminated
by means of the internet any of the information described in this division that is provided by a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender who is a juvenile offender registrant, except when the act that is the basis of
a the child's classification as a juvenile sex offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section.
(F)(1) The duties to provide the notices described in
divisions (A) and (C) of this section apply regarding any offender
or delinquent child who is in any of the following categories, if
the other criteria set forth in division (A) or (C) of this
section, whichever is applicable, are satisfied:
(a) The offender or sexually oriented offense or child-victim oriented offense for which the
offender has the duty to register under section 2950.04 or 2950.041 of the
Revised Code was committed prior to the effective date of this
amendment, the offender has been adjudicated a sexual predator
relative to that offense, or the delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
regarding a delinquent child that the offender or delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable.
(b) The offender or sexually oriented offense or child-victim oriented offense for which the
offender has the duty to register under section 2950.04 or 2950.041 of the
Revised Code was committed prior to the effective date of this
amendment, the offender has been determined pursuant to division
(C)(2) or (E) of section 2950.09 or 2950.091 of the Revised Code to be a
habitual sex offender or habitual child-victim offender, and the court has imposed a requirement
under that division subjecting the offender to this
section, or the delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child.
(c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense committed on or after
the
effective date of this amendment prior to the effective date of this amendment, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so adjudicated or determined, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (F)(1)(a) or (b) of this section.
(d) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code or the child-victim offense for which the offender has the duty to register under section 2950.041 of the Revised Code was
committed on or after the effective date of this amendment in this
state or another state, under the law of the United States, or
under the law applicable in a military court or in an Indian
tribal court, regardless of whether the offender has been
adjudicated a sexual predator or child-victim predator relative to that offense, regardless
of whether the offender has been determined to be a habitual sex
offender or habitual child-victim offender, and regardless of whether that offense is an aggravated
sexually oriented offense.
(2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense prior to the effective date of this amendment or a child-victim oriented offense, who
is not
in the category specified in either
division (F)(1)(a) or
(c) of this section, and who
is determined
pursuant to
division
(C)(2) or
(E) of section 2950.09 or 2950.091, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
or habitual child-victim offender unless the sentencing
or reviewing
court
imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 or 2950.091 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section.
(G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided.
(H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense for which the offender is subject to community notification under this section, or upon the motion of the sentencing judge or that judge's successor in office, the judge may schedule a hearing to determine whether the interests of justice would be served by suspending the community notification requirement under this section in relation to the offender. The judge may dismiss the motion without a hearing but may not issue an order suspending the community notification requirement without a hearing. At the hearing, all parties are entitled to be heard, and the judge shall consider all of the factors set forth in division (B)(3) of section 2950.09 of the Revised Code. If, at the conclusion of the hearing, the judge finds that the offender has proven by clear and convincing evidence that the offender is unlikely to commit in the future a sexually oriented offense or a child-victim oriented offense and if the judge finds that suspending the community notification requirement is in the interests of justice, the judge may suspend the application of this section in relation to the offender. The order shall contain both of these findings.
The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and an offender who is subject to the community notification requirement under this section may initially make a motion under division (H)(1) of this section upon the expiration of twenty years after the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community notification. After the initial making of a motion under division (H)(1) of this section, thereafter, the prosecutor, judge, and offender may make a subsequent motion under that division upon the expiration of five years after the judge has entered an order denying the initial motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Division (H) of this section does not apply to any of the following types of offender:
(a) A sexually violent predator;
(b) A habitual sex offender or habitual child-victim oriented offender who is subject to community notification who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or a child-victim oriented offense;
(c) A sexual predator or child-victim predator who is not a sexually violent predator who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or child-victim oriented offense.
Sec. 2950.111. (A) If an offender or delinquent child registers a residence address, provides notice of a change of any residence address, or verifies a current residence address pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, all of the following apply:
(1) At any time after the registration, provision of the notice, or verification, the sheriff with whom the offender or delinquent child so registered or to whom the offender or delinquent child so provided the notice or verified the current address, or a designee of that sheriff, may contact a person who owns, leases, or otherwise has custody, control, or supervision of the premises at the address provided by the offender or delinquent child in the registration, the notice, or the verification and request that the person confirm or deny that the offender or delinquent child currently resides at that address.
(2) Upon receipt of a request under division (A)(1) of this section, notwithstanding any other provision of law, the person who owns, leases, or otherwise has custody, control, or supervision of the premises, or an agent of that person, shall comply with the request and inform the sheriff or designee who made the request whether or not the offender or delinquent child currently resides at that address.
(3) Section 2950.12 of the Revised Code applies to a person who, in accordance with division (A)(2) of this section, provides information of the type described in that division.
(B) Division (A) of this section applies regarding any public or private residential premises, including, but not limited to, a private residence, a multi-unit residential facility, a halfway house, a homeless shelter, or any other type of residential premises. Division (A) of this section does not apply regarding an offender's registration, provision of notice of a change in, or verification of a school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code.
(C) A sheriff or designee of a sheriff may attempt to confirm that an offender or delinquent child who registers a residence address, provides notice of a change of any residence address, or verifies a current residence address as described in division (A) of this section currently resides at the address in question in manners other than the manner provided in this section. A sheriff or designee of a sheriff is not limited in the number of requests that may be made under this section regarding any registration, provision of notice, or verification, or in the number of times that the sheriff or designee may attempt to confirm, in manners other than the manner provided in this section, that an offender or delinquent child currently resides at the address in question.
Sec. 2950.12. (A) Except as provided in division (B) of
this section, any of
the following persons shall be immune from
liability in a civil action to
recover damages for injury, death,
or loss to person or property allegedly
caused by an act or
omission in connection with a power, duty, responsibility,
or
authorization under this chapter or under rules adopted under
authority of
this chapter:
(1) An officer or employee of the bureau of criminal
identification and
investigation;
(2) The attorney general, a chief of police, marshal, or
other chief law
enforcement officer of a municipal corporation, a
sheriff, a constable or
chief of police of a township police
department or police district police
force, and a deputy,
officer,
or employee of the office of the attorney general, the law
enforcement agency served by the marshal or the municipal or
township chief,
the office of the sheriff, or the constable;
(3) A prosecutor and an officer or employee of the office of
a
prosecutor;
(4) A supervising officer and an officer or employee of the
adult
parole authority of the department of rehabilitation and
correction;
(5)
A supervising officer and an officer or employee of the
department of
youth services;
(6) A supervisor and a caseworker or employee of a public
children services agency acting pursuant to section 5153.16 of the
Revised Code;
(7)
A managing officer of a state correctional institution
and an officer or employee of the department of rehabilitation and
correction;
(8) A person identified in division (A)(2), (3), (4), (5),
(6), or
(7) of
section 2950.11 of the Revised Code or the agent of
that person;
(9) A person identified in division (A)(2) of section 2950.111 of the Revised Code, regarding the person's provision of information pursuant to that division to a sheriff or a designee of a sheriff.
(B) The immunity described in division (A) of this section
does not apply to
a person described in divisions (A)(1) to
(8)
of
this
section if, in relation to the act or omission in
question,
any of the
following applies:
(1) The act or omission was manifestly outside the scope of
the person's
employment or official responsibilities.
(2) The act or omission was with malicious purpose, in bad
faith, or in
a wanton or reckless manner.
(3) Liability for the act or omission is expressly imposed
by a section
of the Revised Code.
Sec. 2950.13. (A) The attorney general shall do all of the
following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders and child-victim offenders that is housed at the bureau of
criminal
identification and investigation and that contains all of
the registration,
change of residence, school, institution of higher education, or place of employment address, and verification
information the bureau receives
pursuant to sections 2950.04, 2950.041,
2950.05, and 2950.06 of the
Revised Code
regarding a person who is
convicted of or pleads guilty to, or has been
convicted of or
pleaded guilty to, either a sexually oriented
offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense or a person who is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code;. For a person who was convicted of or pleaded guilty to the sexually oriented offense or child-victim related offense, the registry also shall indicate whether the person was convicted of or pleaded guilty to the offense in a criminal prosecution or in a serious youthful offender case.
(2) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules that
contain
guidelines necessary for the implementation of this
chapter;
(3) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules for
the
implementation and administration of the provisions contained
in section
2950.11 of the Revised Code that pertain to the
notification of
neighbors of
an offender or a delinquent
child
who has committed a sexually
oriented offense that is not a registration-exempt sexually oriented offense and has
been
adjudicated as being a
sexual predator or
determined to
be a
habitual sex offender
or, an offender who has committed on or after
the
effective date of this amendment
an aggravated sexually oriented
offense, or an offender or delinquent child who has committed a child-victim oriented offense and has been adjudicated a child-victim predator or determined to be a habitual child-victim offender, and
rules that prescribe
a manner in
which
victims of either a
sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense committed
by
an offender
or a
delinquent child who has been
adjudicated as
being a sexual
predator or determined to be a
habitual sex
offender
or, an offender who has
committed on or after
the effective date of this amendment
an
aggravated sexually oriented offense, or an offender or delinquent child who has committed a child-victim oriented offense and has been adjudicated a child-victim predator or determined to be a habitual child-victim offender may make a
request that
specifies that the
victim would
like to be provided
the notices
described in
divisions (A)(1) and
(2) of section
2950.10 of the
Revised Code;
(4) In consultation with local law enforcement
representatives and through
the bureau of criminal
identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code
to
advise offenders
and delinquent children of their duties of
filing a notice of intent to reside, registration, notification of
a change
of residence, school, institution of higher education, or place of employment address and
registration of the new
residence, school, institution of higher education, or place of employment address, as applicable, and
residence address
verification under
sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the
Revised Code, and
prescribe the forms to be used by
sheriffs
relative to those
duties of filing a notice of intent to reside, registration,
change of residence, school, institution of higher education, or place of employment
address notification,
and residence address
verification;
(5) Make copies of the forms prescribed under division
(A)(4) of this section
available to judges, officials, and
sheriffs;
(6) Through the bureau of criminal identification and
investigation, provide
the notifications, the information,
and the
documents that the bureau is required to provide to appropriate
law
enforcement officials and to the federal bureau of
investigation pursuant to
sections 2950.04, 2950.041, 2950.05, and 2950.06
of the Revised Code;
(7) Through the bureau of criminal
identification and
investigation, maintain the verification forms returned
under the
residence address verification mechanism set forth in section
2950.06 of the Revised Code;
(8) In consultation with representatives of the officials,
judges, and
sheriffs, adopt procedures for officials,
judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of
criminal identification and
investigation
pursuant to the requirements of sections 2950.03,
2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code;
(9) In consultation with the director of education, the
director of
job and family
services, and the director of
rehabilitation and correction and no later than
July 1, 1997,
adopt rules that contain
guidelines to be followed by boards of
education of a school district,
chartered nonpublic schools or
other schools not operated by a board of
education, preschool
programs, child day-care centers, type
A family day-care homes,
certified type
B family day-care homes, and institutions of
higher
education regarding the proper use and administration of
information
received pursuant to section 2950.11 of the Revised
Code
relative to
an offender or delinquent child who has
been
adjudicated as being a
sexual predator or child-victim predator or
determined to be a
habitual sex offender or habitual child-victim offender, or an offender who has committed an aggravated sexually oriented offense;
(10) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules
that
designate a geographic area or areas within which the
notice
described in division (B) of section 2950.11 of the
Revised Code
must be given to the persons identified in
divisions (A)(2) to (8)
of that section;
(11) Through the bureau of criminal identification and investigation, not later than January 1, 2004, establish and operate on the internet a sex offender and child-victim offender database that contains information for every offender who has committed either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and who registers in any county in this state pursuant to section 2950.04 or 2950.041 of the Revised Code. The bureau shall determine the information to be provided on the database for each offender and shall obtain that information from the information contained in the state registry of sex offenders and child-victim offenders described in division (A)(1) of this section, which information, while in the possession of the sheriff who provided it, is a public record open for inspection as described in section 2950.081 of the Revised Code. The information provided for each offender shall include at least the information set forth in division (B) of section 2950.11 of the Revised Code. The database is a public record open for inspection under section 149.43 of the Revised Code, and it shall be searchable by offender name, by county, by zip code, and by school district. The database shall provide a link to the web site of each sheriff who has established and operates on the internet a sex offender and child-victim offender database that contains information for offenders who register in that county pursuant to section 2950.04 or 2950.041 of the Revised Code, with the link being a direct link to the sex offender and child-victim offender database for the sheriff.
(12) Upon the request of any sheriff, provide technical guidance to the requesting sheriff in establishing on the internet a sex offender and child-victim offender database for the public dissemination of some or all of the materials described in division (A) of section 2950.081 of the Revised Code that are public records under that division and that pertain to offenders who register in that county pursuant to section 2950.04 or 2950.041 of the Revised Code;
(13) Through the bureau of criminal identification and investigation, not later than January 1, 2004, establish and operate on the internet a database that enables local law enforcement representatives to remotely search by electronic means the state registry of sex offenders and child-victim offenders described in division (A)(1) of this section and any information the bureau receives pursuant to sections 2950.04, 2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The database shall enable local law enforcement representatives to obtain detailed information regarding each offender and delinquent child who is included in the registry, including, but not limited to the offender's or delinquent child's name, residence address, place of employment if applicable, motor vehicle license plate number if applicable, victim preference if available, date of most recent release from confinement if applicable, fingerprints, and other identification parameters the bureau considers appropriate. The database is not a public record open for inspection under section 149.43 of the Revised Code and shall be available only to law enforcement representatives as described in this division. Information obtained by local law enforcement representatives through use of this database is not open to inspection by the public or by any person other than a person identified in division (A) of section 2950.08 of the Revised Code;
(14) Establish and operate a sex offender tracking program,
using the information contained in the state registry of sex
offenders described in division (A)(1) of this section.
(B) The attorney general, in may do any of the following:
(1) In consultation with local law
enforcement representatives, may adopt rules that establish one or
more
categories of
neighbors of an offender
or delinquent child
who, in addition to
the occupants of
residences adjacent to an
offender's
or delinquent child's place of
residence residential premises and other persons specified in division (A)(1) of section 2950.11 of the Revised Code, must be
given
the notice described in division (B) of
that section 2950.11 of the
Revised
Code;
(2) Publicly disseminate or cause to be publicly disseminated
by means of the internet the information contained in the sex
offender tracking program established under division (A)(14) of
this section, including, but not limited to, a notice
containing
the information set forth in division (B) of section
2950.11 of
the Revised Code.
(C) No person, other than a local law enforcement representative, shall knowingly do any of the following:
(1) Gain or attempt to gain access to the database established and operated by the attorney general, through the bureau of criminal identification and investigation, pursuant to division (A)(13) of this section.
(2) Permit any person to inspect any information obtained through use of the database described in division (C)(1) of this section, other than as permitted under that division.
(D) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state,
representatives of the municipal chiefs of police and
marshals of this state,
and representatives of the township
constables and chiefs of police of the
township police departments
or police district police forces of this state.
Sec. 2950.14. (A) Prior to releasing
an offender who is
under the custody and control of the department of
rehabilitation
and correction and who has been convicted of or
pleaded guilty to
committing, either prior to, on, or after January
1, 1997, any
sexually
oriented offense that is not a registration-exempt sexually oriented offense or any child-victim oriented offense, the
department
of rehabilitation and
correction shall provide all of the
information
described in
division (B) of this
section to the bureau of
criminal
identification and investigation regarding the offender.
Prior to
releasing a delinquent child who is in the
custody of the
department of youth services
who has
been
adjudicated a
delinquent child for
committing on or after
January 1, 2002, a any
sexually oriented offense that is not a registration-exempt sexually oriented offense or any child-victim oriented offense,
and
who has been classified a juvenile
sex offender registrant based
on that adjudication, the
department
of
youth services shall
provide all of the information
described
in
division
(B) of this
section to the
bureau of
criminal
identification and investigation
regarding
the delinquent
child.
(B) The department of
rehabilitation and correction and the
department of youth
services shall provide all of the following
information to the
bureau of criminal identification and
investigation regarding an
offender or delinquent child described
in division (A) of this
section:
(1) The offender's
or delinquent child's name and any
aliases used by
the offender
or delinquent child;
(2) All identifying factors concerning the offender
or
delinquent
child;
(3) The offender's
or delinquent child's anticipated future
residence;
(4) The offense
and delinquency history of the offender
or
delinquent child;
(5) Whether the offender
or delinquent child was treated for
a mental
abnormality or
personality disorder while under the
custody and control of the
department;
(6) Any other information that the bureau indicates is
relevant and
that
the department possesses.
(C) Upon receipt of the information described in division
(B) of this section
regarding an offender
or delinquent child,
the
bureau immediately shall
enter the information into
the state
registry of
sex offenders and child-victim offenders that the bureau maintains
pursuant to
section 2950.13 of the Revised Code and into the
records that the
bureau
maintains pursuant to division (A) of
section 109.57 of the
Revised Code.
Sec. 2950.99.
(A) Whoever (1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code is guilty of a
felony of the fifth degree
if shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, or third degree if committed by an adult, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony
of the fourth or fifth degree if committed by an
adult,
and a misdemeanor of
the first degree, or if the most serious
sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult. In, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition.
(b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, third, or fourth degree if committed by an adult, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree if committed by an adult, the offender is guilty of a felony of the fourth degree.
(iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor of the first degree if committed by an adult, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor other than a misdemeanor of the first degree if committed by an adult, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition.
(2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for the a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is on probation or parole, is subject to
one or
more
post-release control sanctions, or is subject to any other
type
of supervised release at the time of the violation, the
violation shall constitute a violation of the terms and
conditions
of the probation, parole, post-release control
sanction, or other
type of supervised release.
(B) If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile sex offender registrant or is as an
out-of-state juvenile sex offender registrant, both of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 2971.01. As used in this chapter:
(A) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code.
(B) "Designated homicide, assault, or
kidnapping offense" means any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code
or a violation of division (A) of section 2903.04 of the Revised Code;
(2) An attempt to commit or complicity in committing
a violation listed in division (B)(1) of this section,
if the attempt or complicity is a felony.
(C) "Examiner" has the same meaning
as in section 2945.371 of the Revised Code.
(D) "Peace officer" has the same
meaning as in section 2935.01 of the Revised
Code.
(E) "Prosecuting attorney" means the prosecuting attorney who
prosecuted the case of the offender in question or the successor in office to
that prosecuting attorney.
(F) "Sexually oriented offense" has and "child-victim oriented offense" have the same meaning meanings as in
section 2950.01 of the Revised Code.
(G) "Sexually violent offense" means
a violent sex offense, or a designated homicide, assault, or
kidnapping offense for which the offender also was convicted of or pleaded
guilty to a sexual motivation specification.
(H)(1) "Sexually violent predator"
means a person who has been convicted of or pleaded guilty to committing, on
or after the effective date of this section January
1, 1997, a sexually violent offense and is
likely to engage in the future in one or more sexually violent offenses.
(2) For purposes of division (H)(1) of this section, any of the
following factors may be considered as
evidence tending to indicate that there is a
likelihood that the person will engage in the future in one or
more sexually violent offenses:
(a) The person has been convicted two or more times, in separate
criminal
actions, of a sexually oriented offense or a child-victim oriented offense.
For purposes of this division, convictions that result from or are connected
with the same act or result from offenses committed at the same
time are one
conviction, and a conviction set aside pursuant to law is not a
conviction.
(b) The person has a documented history from
childhood, into the juvenile developmental years, that exhibits
sexually deviant behavior.
(c) Available information or evidence suggests
that the person chronically commits offenses with a sexual
motivation.
(d) The person has committed one or more
offenses in which the person has tortured or engaged in
ritualistic acts with one or more victims.
(e) The person has committed one or more
offenses in which one or more victims were physically harmed to
the degree that the particular victim's life was in jeopardy.
(f) Any other relevant evidence.
(I) "Sexually violent predator
specification" means a specification, as described in
section 2941.148 of the Revised Code, charging a
person with being a sexually violent predator.
(J) "Sexual motivation" means a
purpose to gratify the sexual needs or desires of the offender.
(K) "Sexual motivation specification"
means a specification, as described in section 2941.147 of the
Revised Code, that charges that a person charged
with a designated homicide, assault, or kidnapping offense
committed the offense with a sexual motivation.
(L) "Violent sex offense" means any
of the following:
(1) A violation of section 2907.02, 2907.03,
or 2907.12 or of division (A)(4) of section 2907.05 of the
Revised Code;
(2) A felony violation of a former law of this
state that is substantially equivalent to a violation listed in
division (L)(1) of this section or of an existing or
former law of the United States or of
another state that is substantially equivalent to a violation
listed in division (L)(1) of this section;
(3) An attempt to commit or complicity in committing
a violation listed in division (L)(1) or (2) of this
section if the attempt or complicity is a felony.
Sec. 3319.20. Whenever an employee of a board of
education, other than an employee who is a license
holder to whom section 3319.52 of the Revised Code applies, is convicted of or
pleads guilty to a felony, a violation of section
2907.04 or 2907.06 or of division (A) or (C)(B) of section 2907.07 of
the Revised Code, an offense of violence, theft offense, or drug
abuse offense that is not a minor misdemeanor, or a violation of an ordinance
of a municipal corporation that is substantively comparable to a felony or to
a violation or offense of that nature, the prosecutor in the case, on forms
prescribed and
furnished by the state board of education, shall notify the employing
board of education of the employee's name and residence address,
the fact that the employee was convicted of
or pleaded guilty to the specified offense, the section
of the Revised Code or the municipal ordinance violated, and
the sentence imposed by the court.
The prosecutor shall give the notification required by this
section no earlier than the fifth day following the expiration of
the period within which the employee may file a notice of appeal
from the judgment of the trial court under Appellate Rule 4(B)
and no later than the eighth day following the expiration of that
period. The notification also shall indicate whether the
employee appealed the conviction, and, if applicable, the court
in which the appeal will be heard. If the employee is permitted,
by leave of court pursuant to Appellate Rule 5, to appeal the
judgment of the trial court subsequent to the expiration of the
period for filing a notice of appeal under Appellate Rule 4(B),
the prosecutor promptly shall notify the employing board of
education of the appeal and the court in which the appeal will be
heard.
As used in this section, "theft offense" has the same
meaning as in section 2913.01 of the Revised Code, "drug abuse
offense" has the same meaning as in section 2925.01 of the
Revised Code, and "prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of
the Revised Code, "license"
means a certificate, license, or permit described in division (B)
of
section 3301.071 or in section 3301.074,
3319.088,
3319.29,
or
3319.302
of the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311
of
the Revised Code, may refuse to issue a license
to an applicant,
may limit a license it issues to an
applicant, or may suspend,
revoke, or limit a
license that has been issued to any person:
(1) Engaging in an immoral act, incompetence, negligence,
or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of,
or a conviction of any of the following:
(b) A violation of section 2907.04 or 2907.06 or
division
(A) or (C)(B) of section 2907.07 of the Revised Code;
(c) An offense of violence;
(d) A theft offense, as defined in section 2913.01 of the
Revised Code;
(e) A drug abuse offense, as defined in section 2925.01
of
the Revised Code, that is not a minor misdemeanor;
(f) A violation of an ordinance of a municipal corporation
that is
substantively comparable to an offense listed in divisions
(B)(2)(a) to (e) of
this section.
(C) The state board may take action under division (B) of
this section on the basis of substantially comparable conduct
occurring in a jurisdiction outside this state or occurring
before
a person applies for or receives any license.
(D) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 5139.13.
(A) The department of youth services shall do
all
of the following:
(1) Control and manage all institutions for the
rehabilitation of delinquent children and youthful offenders that
are operated by the state, except where the control and
management
of an institution is vested by law in another agency;
(2) Provide treatment and training for children committed
to
the department and assigned by the department to various
institutions under its control and management, including, but not
limited to, for a child committed to it for an
act that is either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense,
treatment that is appropriate for a
child who commits an act that is a sexually oriented offense that is not a registration-exempt sexually oriented offense or child-victim oriented offense and
that is intended to ensure that the child does not commit any
subsequent act that is a sexually oriented offense or a child-victim oriented offense;
(3) Establish and maintain appropriate reception centers
for
the reception of
children committed to the department and
employ
competent persons
to have charge of those centers and to
conduct
investigations;
(4) Establish and maintain any other facilities necessary
for the training, treatment, and rehabilitation of children
committed to the department.
(B) As used in this section, "sexually oriented offense" has
and "child-victim oriented offense" have the same meaning meanings as in section 2950.01 of the Revised Code.
Sec. 5321.01. As used in this chapter:
(A) "Tenant" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others.
(B) "Landlord" means the owner, lessor, or sublessor of
residential premises, the agent of the owner, lessor, or
sublessor, or any person authorized by the owner, lessor, or
sublessor
to manage the premises or to receive rent from a tenant
under a
rental agreement.
(C) "Residential premises" means a dwelling unit for
residential use and occupancy and the structure of which it is a
part, the facilities and appurtenances in it, and the grounds,
areas, and facilities for the use of tenants generally or the use
of which is promised the tenant. "Residential premises" includes
a dwelling
unit that is owned or operated by a college or
university. "Residential
premises" does not
include any of the
following:
(1) Prisons, jails, workhouses, and other places of
incarceration or correction, including, but not limited to,
halfway houses or residential arrangements which are used or
occupied as a requirement of probation or parole;
(2) Hospitals and similar institutions with the primary
purpose of providing medical services, and homes licensed
pursuant
to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels,
recreational vehicle
parks, recreation camps, combined park-camps, temporary
park-camps, and other similar
facilities where circumstances
indicate a transient occupancy;
(4) Elementary and secondary boarding schools, where the
cost of room and
board is
included as part of the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with the
rental
of land of a minimum of two acres for production of
agricultural
products by one or more of the occupants;
(7) Dwelling units subject to sections 3733.41 to 3733.49
of
the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO facility
pursuant
to Chapter 3731. of the Revised Code, if the facility is
owned
or operated by an organization that is exempt from taxation
under
section 501(c)(3) of the
"Internal
Revenue Code
of 1986,"
100 Stat. 2085, 26
U.S.C.A.
501, as amended, or by an entity or
group of entities in which such an
organization has a controlling
interest, and if either of the following
applies:
(a) The occupancy is for a period of less than sixty
days;
(b) The occupancy is for participation in a program operated
by
the facility, or by a public entity or private charitable
organization
pursuant
to a contract with the facility, to provide
either of the following:
(i) Services licensed, certified, registered, or approved by
a
governmental agency or private accrediting organization for the
rehabilitation of mentally ill persons, developmentally
disabled
persons, adults or juveniles convicted of criminal offenses, or
persons suffering from substance abuse;
(ii) Shelter for juvenile runaways, victims of domestic
violence,
or homeless persons.
(10) Emergency shelters operated by organizations exempt
from federal
income taxation under section 501(c)(3) of the
"Internal
Revenue Code
of 1986," 100 Stat. 2085, 26
U.S.C.A.
501,
as amended, for persons whose circumstances indicate a transient
occupancy, including homeless people, victims of domestic
violence, and
juvenile runaways.
(D) "Rental agreement" means any agreement or lease,
written
or oral, which establishes or modifies the terms,
conditions,
rules, or any other provisions concerning the use and
occupancy of
residential premises by one of the parties.
(E) "Security deposit" means any deposit of money or
property to secure performance by the tenant under a rental
agreement.
(F) "Dwelling unit" means a structure or the part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or by two or more persons
who
maintain a common household.
(G) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(H) "Student tenant" means a person who occupies a dwelling
unit owned or
operated by the college or university at which the
person is
a student, and who has a
rental agreement that is
contingent upon the person's status
as a student.
(I) "Recreational vehicle park," "recreation camp," "combined
park-camp," and "temporary park-camp" have the same meanings as in
section 3733.01 of the Revised Code.
(J) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(K) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 5321.03. (A) Notwithstanding section 5321.02 of the
Revised Code, a
landlord may bring an action under Chapter 1923.
of the Revised Code for
possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing,
health, or safety code
that the tenant complained of was primarily
caused by any act or lack of
reasonable care by the tenant, or by
any other person in the tenant's
household, or by anyone on the
premises with the consent of the tenant;
(3) Compliance with the applicable building, housing,
health, or safety code
would require alteration, remodeling, or
demolition of the premises which
would effectively deprive the
tenant of the use of the dwelling unit;
(4) A tenant is holding over
his
the tenant's term.
(5) The
residential premises are located within
one thousand feet of any
school premises, and both of the
following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The
tenant's or other occupant's name appears
on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the
tenant or other occupant was convicted of or pleaded guilty to either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this
section does not
prevent the tenant from recovering damages for
any violation by the landlord
of the rental agreement or of
section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied
by a student
tenant.
Sec. 5321.051. (A)(1) No tenant of any residential premises located within one thousand feet of any school premises shall allow any person to occupy those residential premises if both of the following
apply regarding the person:
(a) The person's name appears on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that
the person was convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that offense.
(2)
If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section
2950.031 of the Revised Code, the landlord for
the residential
premises that are the subject of the rental
agreement or other
tenancy may terminate the rental agreement or other tenancy of the
tenant and all other occupants.
(B) If a landlord is authorized to terminate a rental
agreement or other tenancy pursuant to division (A) of this
section but does not
so terminate the rental agreement or other tenancy,
the landlord is not liable in a
tort or other civil action in
damages for any injury, death, or loss
to person or property that
allegedly results from that decision.
Section 2. That existing sections 109.42, 109.57, 325.32, 1923.01, 1923.02, 1923.051, 2152.02, 2152.19, 2152.191, 2152.82, 2152.83, 2152.84, 2152.85, 2743.191, 2743.69, 2901.07, 2907.07, 2919.24, 2929.01, 2929.13, 2929.19, 2929.21, 2935.36, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2950.99, 2971.01, 3319.20, 3319.31, 5139.13, 5321.01, and 5321.03 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 109.42, 2152.02, 2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01, 2950.99, and 5321.01 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following:
(1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services;
(10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or
2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency;
(15) The right of a victim of domestic violence to seek
the
issuance of a
temporary protection order pursuant to section
2919.26 of the Revised Code,
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code,
and to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a
sexually oriented offense that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense
that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated as being a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name and, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated as being a sexual
predator," and
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by a sexually violent predator who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times:
(i) Upon first contact with the victim, the victim's family,
or
the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
division (A)(1) to (17) of this
section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section 122.95,
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code;
(2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section.
(2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult;
(2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (A) of section 2923.211
of the Revised Code;
(4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer.
(H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of
the Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act as a result of the delinquent act and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act.
(M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer.
(Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section
149.43 of
the Revised Code.
(X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile sex offender registrant," and "sexual
predator," "presumptive registration-exempt sexually oriented offense," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the
same
meanings as in
section 2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code;
(3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any
sanctions,
services,
and conditions that the court prescribes. As
a
condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
house arrest with electronic monitoring that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of house arrest with electronic monitoring imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
house arrest with electronic monitoring upon a
child under this
division, it shall require the child: to remain in the child's
home or
other specified premises for the entire period of
house arrest with electronic monitoring except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the house
arrest with electronic monitoring, and
agreeing to waive the right to receive credit for any
time served
on house arrest with electronic monitoring toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
house arrest with electronic monitoring. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
house arrest with electronic monitoring
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
house arrest with electronic monitoring.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement.
(5) Commit the child to the custody of the
court;
(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code.
(2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (B)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to section 2152.74 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section and
pursuant to section 2901.07 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act.
(C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs.
(L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of a
felony and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
felony.
(N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code.
(P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply:
(1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board.
(2) The
offender is required
to report periodically
to a person designated by the
court or parole board.
(3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision.
(S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state.
(T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction.
(V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life.
(AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code.
(DD) "Repeat violent offender" means
a person about whom
both of the following apply:
(1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act.
(EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code.
(FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense.
(GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense.
(II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree.
(JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code.
(LL) "Habitual sex offender," "sexually oriented
offense,"
and "sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code.
(MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense.
(NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources.
If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable:
(1) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code;
(2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code.
(B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply:
(a) In committing the offense, the offender caused
physical
harm to a person.
(b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon.
(c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person.
(d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part
of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance.
(i) The offender committed the offense while in possession
of a firearm.
(2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender.
(C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code.
(D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings:
(1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism.
(2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code.
(F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape;
(3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age;
(4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term;
(5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term;
(6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code;
(8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree;
(11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense;
(12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction.
(G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following:
(1) If the offender is being sentenced for a fourth degree
felony
OVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term.
(2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(e)
of
section 4511.19 of the Revised Code. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
The court shall not sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code.
The department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an intensive
program prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of its intent to
place the offender
in an
intensive program prison established under that
section and
if the
judge did not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply:
(a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy.
(b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies:
(1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section duties imposed under sections 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section, 2950.041, 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section, and
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section.
(J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted.
(2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997, that is not a registration-exempt sexually oriented offense,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, and before imposing sentence on or after May 7, 2002, on an offender who is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense and who was acquitted of a sexually violent predator specification included in the indictment, count in the indictment, or information charging the sexually oriented offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and, if a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense, and if the offender was convicted of or pleaded guilty to that sexually violent predator specification. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code.
Before imposing sentence on or after the effective date of this amendment on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code.
(B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender.
(b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences;
(d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term;
(e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term.
(3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person;
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section;
(e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender;
(f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse.
(4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, if the offender is being sentenced on or after the effective date of this amendment for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after
June 13, 2002, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated as
being a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division.
(5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply:
(a) The court shall specify both of the following as part of
the sentence:
(i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section.
(ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section.
(b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section.
(C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender.
(2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
The
court shall not impose any community control
sanction on the
offender.
(D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.23. (A)
If an offender is being sentenced for a
sexually oriented offense that is a misdemeanor
committed on or
after
January 1, 1997, and if the judge imposing
sentence for the
sexually oriented offense determines pursuant to
division (B) of
section 2950.09 of the Revised Code that the
offender is a
sexual
predator, the judge shall include in the
offender's sentence a
statement that
the offender has been
adjudicated a sexual
predator, shall comply with the
requirements of section 2950.03 of
the
Revised Code, and shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of
the Revised Code.
(B) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor, that was
committed
on or after January 1, 1997, and that is not a registration-exempt sexually oriented offense, the judge shall conduct a
hearing in accordance with division (B) of section 2950.09 of the
Revised Code to determine whether the offender is
a sexual
predator. Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense,
the court also shall
comply with division (E) of section 2950.09
of the Revised Code.
Before imposing sentence on or after the effective date of this amendment on an offender who is being sentenced for a child-victim oriented offense that is a misdemeanor, regardless of when the offense was committed, the judge shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code.
(C) If an offender is being sentenced for a sexually
oriented
offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense that is a misdemeanor committed on or after
January 1,
1997, the judge shall include in the sentence a summary
of the offender's duty
to register pursuant
to section duties imposed under sections 2950.04 of
the Revised Code, the offender's duty to provide notice of an
intent to reside in a county if applicable pursuant to division
(G) of section 2950.04 of the Revised Code, the offender's duty
to
provide notice of a
change in residence address and register the
new
residence address
pursuant to section, 2950.041, 2950.05 of the
Revised
Code, the offender's
duty
to periodically verify the offender's
current residence
address pursuant
to section, and 2950.06 of the
Revised Code, and the
duration of
the duties. The judge shall
inform the offender, at
the time of
sentencing, of those duties
and of their duration and,
if required
under division (A)(2) of
section 2950.03 of the
Revised Code,
shall perform the duties
specified in that section.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply:
(1) The person is convicted of or pleads guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication.
(2) One of the following applies to the person:
(a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses or child-victim oriented offenses
and was
classified a
juvenile sex offender registrant or
out-of-state
juvenile sex
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense.
(b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense.
(C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following:
(1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older:
(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05, or 2907.07 of the Revised
Code;
(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(i) A violation of division (A)(4) of section 2905.01, 2905.02, 2905.03,
2905.05, or section 2907.04
or former section 2905.04, 2907.06, or 2907.08 of the
Revised Code,
when the victim
of the offense is under eighteen
years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age;
(vi) A violation of division (D) or (E) of section 2907.07 of
the Revised Code (A)(1), (2), (3), or (5) of section 2905.01, of section 2903.211, 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code, when the victim of the offense is under eighteen years of age and the offense is committed with a sexual motivation.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender motivation;
(d) A sexually violent offense;
(e) A violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the offense is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the offense is eighteen years of age or older and the offense is committed with a sexual motivation;
(f) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
or any existing or former law applicable in a
military court or
in an
Indian tribal court, or any existing or former law of any nation other than the United States, that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c), or
(d), or (e) of this
section;
(f)(g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e), or (f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a)
Subject to
division (D)(2)(h)(i) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
or 2907.05, or 2907.07 of
the Revised Code;
(b) Subject to division (D)(2)(h)(i) of this section, any of
the following acts involving a minor in the circumstances
specified:
(i) A violation of division (A)(4) of section 2905.01 or 2905.02 section 2907.06 or 2907.08 of the
Revised
Code, or of former section 2905.04 of the Revised Code,
when the
victim of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age;
(iv) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, section 2903.211, or former section 2905.04 of the Revised Code, when the victim of the violation is under eighteen years of age and the offense is committed with a sexual motivation.
(c) Subject to division (D)(2)(h)(i) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(d) Subject to division (D)(2)(h)(i) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation motivation;
(e) Subject to division (D)(2)(h)(i) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation;
(f) Subject to division (D)(2)(i) of this section, a violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the violation is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the violation is eighteen years of age or older and the offense is committed with a sexual motivation;
(g) Subject to division (D)(2)(h)(i) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
or any existing or former law applicable in a military court or in
an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), or (e), or (f) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree;
(g)(h) Subject to division (D)(2)(h)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f), or (g) of this section;
(h)(i) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
or
(f), or (g) of this section or would be any offense listed in any
of those
divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies:
(1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses.
(F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon,
under a community control sanction, under transitional
control, or under a post-release
control sanction, and it requires
the person to report to or be
supervised by a parole officer,
probation officer, field officer,
or another type of supervising
officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code:
(1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and that is not a registration-exempt sexually oriented offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense.
(2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator.
(3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense that is not a registration-exempt sexually oriented offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator.
(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually oriented offense in
another state or, in a federal court, military
court, or an Indian
tribal court, or in a court in any nation other than the United States, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
January 1, 2002, for
delinquent children, the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than seven five days or the offender is required under section 2950.04 of the Revised Code to register a school, institution of higher education, or place of employment address in this state,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code.
(H) "Sexually violent predator specification," and "sexually
violent offense," "sexual motivation," and "violent sex offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
sex offender registrant and
specifies has a duty to
register under
section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if the child committed a sexually oriented offense or with sections 2950.041, 2950.05, and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Juvenile offender registrant" includes a person who, prior to the effective date of this amendment, was a "juvenile sex offender registrant" under the former definition of that former term.
(K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in a court in another state or, in a federal court,
military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
seven five days, and who has a duty under
section 2950.04 of the
Revised Code has
a duty to register in this
state as described in
that section and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a sexually oriented offense or has a duty under section 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Out-of-state juvenile offender registrant" includes a person who, prior to the effective date of this amendment, was an "out-of-state juvenile sex offender registrant" under the former definition of that former term.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after June 13, 2002, or a violation of division (A)(2) of that section committed on or after the effective date of this amendment.
(P)(1) "Presumptive registration-exempt sexually oriented offense" means any of the following sexually oriented offenses described in division (P)(1)(a), (b), (c), (d), or (e) of this section, when the offense is committed by a person who previously has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section, any other sexually oriented offense, or any child-victim oriented offense and when the victim or intended victim of the offense is eighteen years of age or older:
(a) Any sexually oriented offense listed in division (D)(1)(e) or (D)(2)(f) of this section committed by a person who is eighteen years of age or older or, subject to division (P)(1)(e) of this section, committed by a person who is under eighteen years of age;
(b) Any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is eighteen years of age or older and that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is under eighteen years of age, that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section, and that would be a felony of the fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (P)(1)(a) or (b) of this section if the person is eighteen years of age or older or, subject to division (P)(1)(e) of this section, listed in division (P)(1)(a) or (c) of this section if the person is under eighteen years of age.
(e) Regarding an act committed by a person under eighteen years of age, if the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any sexually oriented offense listed in division (P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented offense" does not include any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section that is committed by a person who previously has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section or any other sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means any presumptive registration-exempt sexually oriented offense, if a court does not issue an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender who was convicted of or pleaded guilty to the offense to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that removes the presumptive exemption and potentially subjects the child who was adjudicated a delinquent child for committing the offense to classification as a juvenile offender registrant under sections 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not include a presumptive registration-exempt sexually oriented offense if a court issues an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender or potentially subjects the delinquent child to the duties and responsibilities described in division (Q)(1) of this section.
(R)
"School" and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(S)(1) "Child-victim oriented offense" means any of the following:
(a) Subject to division (S)(2) of this section, any of the following violations or offenses committed by a person eighteen years of age or older, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code;
(ii) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act committed by a person under eighteen years of age that is any of the following, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a violation of division (A)(1), (2), (3), or (5) of section 2905.01 or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(b)(i) of this section and that, if committed by an adult, would be a felony of the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(b)(i) or (ii) of this section;
(iv) If the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any violation listed in division (S)(1)(a)(i), (ii), or (iii) of this section or would be any offense listed in any of those divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense. An offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense is within the definition of a sexually oriented offense.
(T)(1) "Habitual child-victim offender" means, except when a juvenile judge removes this classification pursuant to division (A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of the Revised Code, a person to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a child-victim oriented offense, or the person is adjudicated a delinquent child for committing on or after January 1, 2002, a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and is classified a juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person previously was convicted of or pleaded guilty to one or more child-victim oriented offenses or previously was adjudicated a delinquent child for committing one or more child-victim oriented offenses and was classified a juvenile offender registrant or out-of-state juvenile offender registrant based on one or more of those adjudications, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(ii) Regarding a delinquent child, the person previously was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing one or more child-victim oriented offenses, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and who, on and after the effective date of this amendment, is automatically classified a habitual child-victim offender pursuant to division (E) of section 2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of the following applies:
(1) The person has been convicted of or pleaded guilty to committing a child-victim oriented offense and is likely to engage in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, was classified a juvenile offender registrant based on that adjudication, and is likely to engage in the future in one or more child-victim oriented offenses.
(V) An offender or delinquent child is "adjudicated as being a child-victim predator" or "adjudicated a child-victim predator" if any of the following applies and if, regarding a delinquent child, that status has not been removed pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and, on and after the effective date of this amendment, is automatically classified a child-victim predator pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was committed, on or after the effective date of this amendment, the offender is sentenced for a child-victim oriented offense, and the sentencing judge determines pursuant to division (B) of section 2950.091 of the Revived Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and has been classified a juvenile offender registrant based on that adjudication, and the adjudicating judge or that judge's successor in office determines pursuant to division (B) of section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the delinquent child is a child-victim predator.
(4) Prior to the effective date of this section, the offender was convicted of or pleaded guilty to a child-victim oriented offense, at the time of the conviction or guilty plea, the offense was considered a sexually oriented offense, on or after the effective date of this amendment, the offender is serving a term of imprisonment in a state correctional institution, and the court determines pursuant to division (C) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(5) Regardless of when the child-victim oriented offense was committed, the offender or delinquent child is convicted, pleads guilty, has been convicted, pleaded guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, as a result of that conviction, plea of guilty, or adjudication, the offender or delinquent child is required under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, to register as a child-victim offender or sex offender until the offender's or delinquent child's death, and, on or after July 1, 1997, for offenders or January 1, 2002, for delinquent children the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days or the offender is required under section 2950.041 of the Revised Code to register a school, institution of higher education, or place of employment address in this state, unless a court of common pleas or juvenile court determines that the offender or delinquent child is not a child-victim predator pursuant to division (F) of section 2950.091 of the Revised Code.
(W) "Residential premises" means the building in which a residential unit is located and the grounds upon which that building stands, extending to the perimeter of the property. "Residential premises" includes any type of structure in which a residential unit is located, including, but not limited to, multi-unit buildings and mobile and manufactured homes.
(X) "Residential unit" means a dwelling unit for residential use and occupancy, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two or more persons who maintain a common household.
(Y) "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units. A residential unit is not considered located in a multi-unit building if the unit does not have an entry door that opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building that is not a multi-unit building as described in this division.
(Z) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 2950.99.
(A) Whoever (1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code is guilty of a
felony of the fifth degree
if shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, or third degree if committed by an adult, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth degree
if committed by an
adult,
and a misdemeanor of
the first degree or if the most serious
sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult. In, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition.
(b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, third, or fourth degree if committed by an adult, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree if committed by an adult, the offender is guilty of a felony of the fourth degree.
(iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor of the first degree if committed by an adult, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor other than a misdemeanor of the first degree if committed by an adult, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition.
(2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for the a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
parole, is subject to
one or
more
post-release
control sanctions, or is subject to any other
type
of supervised
release at the time of the violation, the
violation shall
constitute a violation of the terms and
conditions
of the
community control sanction, parole, post-release control
sanction, or other
type of supervised release.
(B) If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile sex offender registrant or is as an
out-of-state juvenile sex offender registrant, both of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 5321.01. As used in this chapter:
(A) "Tenant" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others.
(B) "Landlord" means the owner, lessor, or sublessor of
residential premises, the agent of the owner, lessor, or
sublessor, or any person authorized by the owner, lessor, or
sublessor
to manage the premises or to receive rent from a tenant
under a
rental agreement.
(C) "Residential premises" means a dwelling unit for
residential use and occupancy and the structure of which it is a
part, the facilities and appurtenances in it, and the grounds,
areas, and facilities for the use of tenants generally or the use
of which is promised the tenant. "Residential premises" includes
a dwelling
unit that is owned or operated by a college or
university. "Residential
premises" does not
include any of the
following:
(1) Prisons, jails, workhouses, and other places of
incarceration or correction, including, but not limited to,
halfway houses or residential arrangements that are used or
occupied as a requirement of a community control sanction, a post-release control sanction, or parole;
(2) Hospitals and similar institutions with the primary
purpose of providing medical services, and homes licensed
pursuant
to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels,
recreational vehicle
parks, recreation camps, combined park-camps, temporary
park-camps, and other similar
facilities where circumstances
indicate a transient occupancy;
(4) Elementary and secondary boarding schools, where the
cost of room and
board is
included as part of the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with the
rental
of land of a minimum of two acres for production of
agricultural
products by one or more of the occupants;
(7) Dwelling units subject to sections 3733.41 to 3733.49
of
the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO facility
pursuant
to Chapter 3731. of the Revised Code, if the facility is
owned
or operated by an organization that is exempt from taxation
under
section 501(c)(3) of the
"Internal
Revenue Code
of 1986,"
100 Stat. 2085, 26
U.S.C.A.
501, as amended, or by an entity or
group of entities in which such an
organization has a controlling
interest, and if either of the following
applies:
(a) The occupancy is for a period of less than sixty
days;
(b) The occupancy is for participation in a program operated
by
the facility, or by a public entity or private charitable
organization
pursuant
to a contract with the facility, to provide
either of the following:
(i) Services licensed, certified, registered, or approved by
a
governmental agency or private accrediting organization for the
rehabilitation of mentally ill persons, developmentally
disabled
persons, adults or juveniles convicted of criminal offenses, or
persons suffering from substance abuse;
(ii) Shelter for juvenile runaways, victims of domestic
violence,
or homeless persons.
(10) Emergency shelters operated by organizations exempt
from federal
income taxation under section 501(c)(3) of the
"Internal
Revenue Code
of 1986," 100 Stat. 2085, 26
U.S.C.A.
501,
as amended, for persons whose circumstances indicate a transient
occupancy, including homeless people, victims of domestic
violence, and
juvenile runaways.
(D) "Rental agreement" means any agreement or lease,
written
or oral, which establishes or modifies the terms,
conditions,
rules, or any other provisions concerning the use and
occupancy of
residential premises by one of the parties.
(E) "Security deposit" means any deposit of money or
property to secure performance by the tenant under a rental
agreement.
(F) "Dwelling unit" means a structure or the part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or by two or more persons
who
maintain a common household.
(G) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(H) "Student tenant" means a person who occupies a dwelling
unit owned or
operated by the college or university at which the
person is
a student, and who has a
rental agreement that is
contingent upon the person's status
as a student.
(I) "Recreational vehicle park," "recreation camp," "combined
park-camp," and "temporary park-camp" have the same meanings as in
section 3733.01 of the Revised Code.
(I)(J)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(J)(K)
"Post-release control sanction" has the same meaning as
in
section 2967.01 of the Revised Code.
(L) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Section 4. That the existing versions of sections 109.42, 2152.02, 2152.19, 2743.191, 2929.01, 2929.13, 2929.19, 2929.23, 2950.01, 2950.99, and 5321.01 of the Revised Code that are scheduled to take effect January 1, 2004, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect January 1, 2004.
Section 6. The provisions of this act are severable. If a codified or uncodified section of law contained in this act or a provision or application of such a section is held invalid, the invalidity does not affect any other codified or uncodified section of law contained in this act, or any related codified or uncodified section, or any provision or application of any such section, that can be given effect without the invalid section or provision or application.
Section 7. (A) Section 2919.24 of the Revised Code is presented in Section 1 of
this act as a composite of the section as amended by Am. Sub. S.B. 3 of the 124th General Assembly and Am. Sub. S.B. 179 of the 123rd General Assembly. Section 2929.13 of the Revised Code is
presented in
Section 1 of this act as a composite of
the section as amended by
both Am. Sub. H.B. 327 and Sub. H.B.
485 of
the 124th General
Assembly. Section 2929.19 of the Revised Code, effective until January 1, 2004, is presented in
Section 1 of this act as a composite of the section as amended by both Sub. H.B. 170 and Sub. H.B. 485 of
the 124th General Assembly. Section 2950.08 of the Revised Code is presented
in Section 1 of this act
as a composite of the section as amended by both
Am.
Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st General Assembly. The General Assembly, applying
the
principle stated in
division (B) of section 1.52 of the
Revised
Code that amendments
are to be harmonized if reasonably
capable of
simultaneous
operation, finds that the composites are the
resulting
versions of
the sections in effect prior to the effective
date of
the sections
as presented in Section 1 of this act.
(B) Section 2152.02 of the Revised Code, effective January 1, 2004, is presented in
Section 3 of this act as a composite of the section as amended by both Am. Sub. H.B. 400 and Am. Sub. H.B. 490 of
the 124th General Assembly. Section 2152.19 of the Revised Code, effective January 1, 2004, is presented in Section 3 of
this act as a composite of the section as amended by both Am. Sub. H.B. 400 and Am. Sub. H.B. 490 of
the 124th General Assembly. Section 2743.191 of the Revised Code is presented in
Section 3 of this act as a composite of the section as amended by both Sub. H.B. 427 and Am. Sub. S.B. 123 of
the 124th General Assembly. Section 2929.13 of the Revised Code, effective January 1, 2004, is
presented in
Section 3 of this act as a composite of
the section as amended by
Am. Sub. H.B. 327, Sub. H.B.
485, and Am. Sub. S.B. 123 of
the 124th General
Assembly. Section 5321.01 of the Revised Code, effective January 1, 2004, is presented in Section 3 of
this act as a composite of the section as amended by both Am. Sub. H.B. 490 and Sub. H.B. 520 of
the 124th General Assembly. The General Assembly, applying
the
principle stated in
division (B) of section 1.52 of the
Revised
Code that amendments
are to be harmonized if reasonably
capable of
simultaneous
operation, finds that the composites are the
resulting
versions of
the sections in effect prior to the effective
date of
the sections
as presented in Section 3 of this act.
Section 8. Sections 1923.01, 1923.02, 1923.051, 5321.01, and 5321.03 of the Revised Code, as amended by this act, and sections 2950.031 and 5321.051 of the Revised Code, as enacted by this act, apply to rental agreements entered into on or after the effective date of this act.
Section 9. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that it is crucial for this state to make the changes in this act as soon as possible, in order to expand the protections and information afforded residents of this state regarding offenders who commit sexually oriented offenses or child-victim oriented offenses and in order to comply with the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act and standards adopted under that Act and receive related federal funding that is contingent upon compliance. Therefore, this act shall go into immediate effect.