S. B. No. 260 As Introduced

Senators Austria, Spada, Amstutz, Armbruster, Carey, Cates, Clancy, Coughlin, Dann, Fingerhut, Gardner, Goodman, Grendell, Hagan, Harris, Hottinger, Jacobson, Jordan, Kearney, Mumper, Niehaus, Padgett, Schuler, Schuring, Stivers, Wachtmann, Wilson, Zurz

A BILL

To amend sections 109.42, 2743.191, 2907.02, 2907.05, 1
2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2
2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 3
2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 4
2971.06, 2971.07, 5120.49, 5120.61, 5120.66, and 5
5149.10 of the Revised Code to require that a 6
person convicted of rape when the victim is less 7
than 13 or when the person purposely compels the 8
victim to submit by force or threat of force be 9
sentenced to an indefinite prison term of 25 years 10
to life, to require that a person convicted of 11
gross sexual imposition when the victim is less 12
than 13 be sentenced to an indefinite prison term 13
of 15 or 25 years to life, to require that a 14
person so sentenced serve that term under the 15
Sexually Violent Predator Law as if a sexually 16
violent predator and automatically is classified a 17
sexual predator for the SORN Law, and to permit 18
the court to subject a person so sentenced to 19
supervision with an active global positioning 20
system device if released from a state 21
correctional institution. 22

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

       Section 1. That sections 109.42, 2743.191, 2907.02, 2907.05, 23
2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 24
2950.01, 2950.09, 2950.11, 2967.12, 2967.121, 2971.03, 2971.04, 25
2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, and 5149.10 26
of the Revised Code be amended to read as follows: 27

       Sec. 109.42. (A) The attorney general shall prepare and have 28
printed a pamphlet that contains a compilation of all statutes 29
relative to victim's rights in which the attorney general lists 30
and explains the statutes in the form of a victim's bill of 31
rights. The attorney general shall distribute the pamphlet to all 32
sheriffs, marshals, municipal corporation and township police 33
departments, constables, and other law enforcement agencies, to 34
all prosecuting attorneys, city directors of law, village 35
solicitors, and other similar chief legal officers of municipal 36
corporations, and to organizations that represent or provide 37
services for victims of crime. The victim's bill of rights set 38
forth in the pamphlet shall contain a description of all of the 39
rights of victims that are provided for in Chapter 2930. or in any 40
other section of the Revised Code and shall include, but not be 41
limited to, all of the following: 42

       (1) The right of a victim or a victim's representative to 43
attend a proceeding before a grand jury, in a juvenile case, or in 44
a criminal case pursuant to a subpoena without being discharged 45
from the victim's or representative's employment, having the 46
victim's or representative's employment terminated, having the 47
victim's or representative's pay decreased or withheld, or 48
otherwise being punished, penalized, or threatened as a result of 49
time lost from regular employment because of the victim's or 50
representative's attendance at the proceeding pursuant to the 51
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 52
2945.451 of the Revised Code; 53

       (2) The potential availability pursuant to section 2151.359 54
or 2152.61 of the Revised Code of a forfeited recognizance to pay 55
damages caused by a child when the delinquency of the child or 56
child's violation of probation or community control is found to be 57
proximately caused by the failure of the child's parent or 58
guardian to subject the child to reasonable parental authority or 59
to faithfully discharge the conditions of probation or community 60
control; 61

       (3) The availability of awards of reparations pursuant to 62
sections 2743.51 to 2743.72 of the Revised Code for injuries 63
caused by criminal offenses; 64

       (4) The right of the victim in certain criminal or juvenile 65
cases or a victim's representative to receive, pursuant to section 66
2930.06 of the Revised Code, notice of the date, time, and place 67
of the trial or delinquency proceeding in the case or, if there 68
will not be a trial or delinquency proceeding, information from 69
the prosecutor, as defined in section 2930.01 of the Revised Code, 70
regarding the disposition of the case; 71

       (5) The right of the victim in certain criminal or juvenile 72
cases or a victim's representative to receive, pursuant to section 73
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 74
name of the person charged with the violation, the case or docket 75
number assigned to the charge, and a telephone number or numbers 76
that can be called to obtain information about the disposition of 77
the case; 78

       (6) The right of the victim in certain criminal or juvenile 79
cases or of the victim's representative pursuant to section 80
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 81
terms set by the court as authorized under section 2930.14 of the 82
Revised Code, to make a statement about the victimization and, if 83
applicable, a statement relative to the sentencing or disposition 84
of the offender; 85

       (7) The opportunity to obtain a court order, pursuant to 86
section 2945.04 of the Revised Code, to prevent or stop the 87
commission of the offense of intimidation of a crime victim or 88
witness or an offense against the person or property of the 89
complainant, or of the complainant's ward or child; 90

       (8) The right of the victim in certain criminal or juvenile 91
cases or a victim's representative pursuant to sections 2151.38, 92
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 93
receive notice of a pending motion for judicial release or early 94
release of the person who committed the offense against the 95
victim, to make an oral or written statement at the court hearing 96
on the motion, and to be notified of the court's decision on the 97
motion; 98

       (9) The right of the victim in certain criminal or juvenile 99
cases or a victim's representative pursuant to section 2930.16, 100
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 101
of any pending commutation, pardon, parole, transitional control, 102
discharge, other form of authorized release, post-release control, 103
or supervised release for the person who committed the offense 104
against the victim or any application for release of that person 105
and to send a written statement relative to the victimization and 106
the pending action to the adult parole authority or the release 107
authority of the department of youth services; 108

       (10) The right of the victim to bring a civil action pursuant 109
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 110
from the offender's profit fund; 111

       (11) The right, pursuant to section 3109.09 of the Revised 112
Code, to maintain a civil action to recover compensatory damages 113
not exceeding ten thousand dollars and costs from the parent of a 114
minor who willfully damages property through the commission of an 115
act that would be a theft offense, as defined in section 2913.01 116
of the Revised Code, if committed by an adult; 117

       (12) The right, pursuant to section 3109.10 of the Revised 118
Code, to maintain a civil action to recover compensatory damages 119
not exceeding ten thousand dollars and costs from the parent of a 120
minor who willfully and maliciously assaults a person; 121

       (13) The possibility of receiving restitution from an 122
offender or a delinquent child pursuant to section 2152.20, 123
2929.18, or 2929.28 of the Revised Code; 124

       (14) The right of the victim in certain criminal or juvenile 125
cases or a victim's representative, pursuant to section 2930.16 of 126
the Revised Code, to receive notice of the escape from confinement 127
or custody of the person who committed the offense, to receive 128
that notice from the custodial agency of the person at the 129
victim's last address or telephone number provided to the 130
custodial agency, and to receive notice that, if either the 131
victim's address or telephone number changes, it is in the 132
victim's interest to provide the new address or telephone number 133
to the custodial agency; 134

       (15) The right of a victim of domestic violence to seek the 135
issuance of a civil protection order pursuant to section 3113.31 136
of the Revised Code, the right of a victim of a violation of 137
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 138
of the Revised Code, a violation of a substantially similar 139
municipal ordinance, or an offense of violence who is a family or 140
household member of the offender at the time of the offense to 141
seek the issuance of a temporary protection order pursuant to 142
section 2919.26 of the Revised Code, and the right of both types 143
of victims to be accompanied by a victim advocate during court 144
proceedings; 145

       (16) The right of a victim of a sexually oriented offense 146
that is not a registration-exempt sexually oriented offense or of 147
a child-victim oriented offense that is committed by a person who 148
is convicted of or pleads guilty to an aggravated sexually 149
oriented offense, by a person who is adjudicated a sexual predator 150
or child-victim predator, or, in certain cases, by a person who is 151
determined to be a habitual sex offender or habitual child-victim 152
offender to receive, pursuant to section 2950.10 of the Revised 153
Code, notice that the person has registered with a sheriff under 154
section 2950.04, 2950.041, or 2950.05 of the Revised Code and 155
notice of the person's name, the person's residence that is 156
registered, and the offender's school, institution of higher 157
education, or place of employment address or addresses that are 158
registered, the person's photograph, and a summary of the manner 159
in which the victim must make a request to receive the notice. As 160
used in this division, "sexually oriented offense," "adjudicated a 161
sexual predator," "habitual sex offender," "registration-exempt 162
sexually oriented offense," "aggravated sexually oriented 163
offense," "child-victim oriented offense," "adjudicated a 164
child-victim predator," and "habitual child-victim offender" have 165
the same meanings as in section 2950.01 of the Revised Code. 166

       (17) The right of a victim of certain sexually violent 167
offenses committed by an offender who also is convicted of or 168
pleads guilty to a sexually violent predator specification and who 169
is sentenced to a prison term pursuant to division (A)(3) of 170
section 2971.03 of the Revised Code, and of a victim of a 171
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 172
division (A)(4) of section 2907.05 of the Revised Code committed 173
on or after the effective date of this amendment by an offender 174
who is sentenced for the violation pursuant to division (B) of 175
section 2971.03 of the Revised Code, to receive, pursuant to 176
section 2930.16 of the Revised Code, notice of a hearing to 177
determine whether to modify the requirement that the offender 178
serve the entire prison term in a state correctional facility, 179
whether to continue, revise, or revoke any existing modification 180
of that requirement, or whether to terminate the prison term. As 181
used in this division, "sexually violent offense" and "sexually 182
violent predator specification" have the same meanings as in 183
section 2971.01 of the Revised Code. 184

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 185
prosecuting attorney, assistant prosecuting attorney, city 186
director of law, assistant city director of law, village 187
solicitor, assistant village solicitor, or similar chief legal 188
officer of a municipal corporation or an assistant of any of those 189
officers who prosecutes an offense committed in this state, upon 190
first contact with the victim of the offense, the victim's family, 191
or the victim's dependents, shall give the victim, the victim's 192
family, or the victim's dependents a copy of the pamphlet prepared 193
pursuant to division (A) of this section and explain, upon 194
request, the information in the pamphlet to the victim, the 195
victim's family, or the victim's dependents. 196

       (b) Subject to division (B)(1)(c) of this section, a law 197
enforcement agency that investigates an offense or delinquent act 198
committed in this state shall give the victim of the offense or 199
delinquent act, the victim's family, or the victim's dependents a 200
copy of the pamphlet prepared pursuant to division (A) of this 201
section at one of the following times: 202

       (i) Upon first contact with the victim, the victim's family, 203
or the victim's dependents; 204

       (ii) If the offense or delinquent act is an offense of 205
violence, if the circumstances of the offense or delinquent act 206
and the condition of the victim, the victim's family, or the 207
victim's dependents indicate that the victim, the victim's family, 208
or the victim's dependents will not be able to understand the 209
significance of the pamphlet upon first contact with the agency, 210
and if the agency anticipates that it will have an additional 211
contact with the victim, the victim's family, or the victim's 212
dependents, upon the agency's second contact with the victim, the 213
victim's family, or the victim's dependents. 214

       If the agency does not give the victim, the victim's family, 215
or the victim's dependents a copy of the pamphlet upon first 216
contact with them and does not have a second contact with the 217
victim, the victim's family, or the victim's dependents, the 218
agency shall mail a copy of the pamphlet to the victim, the 219
victim's family, or the victim's dependents at their last known 220
address. 221

       (c) In complying on and after December 9, 1994, with the 222
duties imposed by division (B)(1)(a) or (b) of this section, an 223
official or a law enforcement agency shall use copies of the 224
pamphlet that are in the official's or agency's possession on 225
December 9, 1994, until the official or agency has distributed all 226
of those copies. After the official or agency has distributed all 227
of those copies, the official or agency shall use only copies of 228
the pamphlet that contain at least the information described in 229
divisions (A)(1) to (17) of this section. 230

       (2) The failure of a law enforcement agency or of a 231
prosecuting attorney, assistant prosecuting attorney, city 232
director of law, assistant city director of law, village 233
solicitor, assistant village solicitor, or similar chief legal 234
officer of a municipal corporation or an assistant to any of those 235
officers to give, as required by division (B)(1) of this section, 236
the victim of an offense or delinquent act, the victim's family, 237
or the victim's dependents a copy of the pamphlet prepared 238
pursuant to division (A) of this section does not give the victim, 239
the victim's family, the victim's dependents, or a victim's 240
representative any rights under section 2743.51 to 2743.72, 241
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 242
Revised Code or under any other provision of the Revised Code and 243
does not affect any right under those sections. 244

       (3) A law enforcement agency, a prosecuting attorney or 245
assistant prosecuting attorney, or a city director of law, 246
assistant city director of law, village solicitor, assistant 247
village solicitor, or similar chief legal officer of a municipal 248
corporation that distributes a copy of the pamphlet prepared 249
pursuant to division (A) of this section shall not be required to 250
distribute a copy of an information card or other printed material 251
provided by the clerk of the court of claims pursuant to section 252
2743.71 of the Revised Code. 253

       (C) The cost of printing and distributing the pamphlet 254
prepared pursuant to division (A) of this section shall be paid 255
out of the reparations fund, created pursuant to section 2743.191 256
of the Revised Code, in accordance with division (D) of that 257
section. 258

       (D) As used in this section: 259

       (1) "Victim's representative" has the same meaning as in 260
section 2930.01 of the Revised Code; 261

       (2) "Victim advocate" has the same meaning as in section 262
2919.26 of the Revised Code. 263

       Sec. 2743.191. (A)(1) There is hereby created in the state 264
treasury the reparations fund, which shall be used only for the 265
following purposes: 266

       (a) The payment of awards of reparations that are granted by 267
the attorney general; 268

       (b) The compensation of any personnel needed by the attorney 269
general to administer sections 2743.51 to 2743.72 of the Revised 270
Code; 271

       (c) The compensation of witnesses as provided in division (J) 272
of section 2743.65 of the Revised Code; 273

       (d) Other administrative costs of hearing and determining 274
claims for an award of reparations by the attorney general; 275

       (e) The costs of administering sections 2907.28 and 2969.01 276
to 2969.06 of the Revised Code; 277

       (f) The costs of investigation and decision-making as 278
certified by the attorney general; 279

       (g) The provision of state financial assistance to victim 280
assistance programs in accordance with sections 109.91 and 109.92 281
of the Revised Code; 282

       (h) The costs of paying the expenses of sex offense-related 283
examinations and antibiotics pursuant to section 2907.28 of the 284
Revised Code; 285

       (i) The cost of printing and distributing the pamphlet 286
prepared by the attorney general pursuant to section 109.42 of the 287
Revised Code; 288

       (j) Subject to division (D) of section 2743.71 of the Revised 289
Code, the costs associated with the printing and providing of 290
information cards or other printed materials to law enforcement 291
agencies and prosecuting authorities and with publicizing the 292
availability of awards of reparations pursuant to section 2743.71 293
of the Revised Code; 294

       (k) The payment of costs of administering a DNA specimen 295
collection procedure pursuant to sections 2152.74 and 2901.07 of 296
the Revised Code, of performing DNA analysis of those DNA 297
specimens, and of entering the resulting DNA records regarding 298
those analyses into the DNA database pursuant to section 109.573 299
of the Revised Code; 300

       (l) The payment of actual costs associated with initiatives 301
by the attorney general for the apprehension, prosecution, and 302
accountability of offenders, and the enhancing of services to 303
crime victims. The amount of payments made pursuant to division 304
(A)(1)(l) of this section during any given fiscal year shall not 305
exceed five per cent of the balance of the reparations fund at the 306
close of the immediately previous fiscal year; 307

       (m) The costs of administering the adult parole authority's 308
supervision ~~of sexually violent predators with an active global~~ 309
~~positioning system device~~ pursuant to division (E) of section 310
2971.05 of the Revised Code of sexually violent predators who are 311
sentenced to a prison term pursuant to division (A)(3) of section 312
2971.03 of the Revised Code and offenders who are sentenced to a 313
prison term pursuant to division (B) of that section for a 314
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 315
division (A)(4) of section 2907.05 of the Revised Code. 316

       (2) All costs paid pursuant to section 2743.70 of the Revised 317
Code, the portions of license reinstatement fees mandated by 318
division (F)(2)(b) of section 4511.191 of the Revised Code to be 319
credited to the fund, the portions of the proceeds of the sale of 320
a forfeited vehicle specified in division (C)(2) of section 321
4503.234 of the Revised Code, payments collected by the department 322
of rehabilitation and correction from prisoners who voluntarily 323
participate in an approved work and training program pursuant to 324
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and 325
all moneys collected by the state pursuant to its right of 326
subrogation provided in section 2743.72 of the Revised Code shall 327
be deposited in the fund. 328

       (B) In making an award of reparations, the attorney general 329
shall render the award against the state. The award shall be 330
accomplished only through the following procedure, and the 331
following procedure may be enforced by writ of mandamus directed 332
to the appropriate official: 333

       (1) The attorney general shall provide for payment of the 334
claimant or providers in the amount of the award only if the 335
amount of the award is fifty dollars or more. 336

       (2) The expense shall be charged against all available 337
unencumbered moneys in the fund. 338

       (3) If sufficient unencumbered moneys do not exist in the 339
fund, the attorney general shall make application for payment of 340
the award out of the emergency purposes account or any other 341
appropriation for emergencies or contingencies, and payment out of 342
this account or other appropriation shall be authorized if there 343
are sufficient moneys greater than the sum total of then pending 344
emergency purposes account requests or requests for releases from 345
the other appropriations. 346

       (4) If sufficient moneys do not exist in the account or any 347
other appropriation for emergencies or contingencies to pay the 348
award, the attorney general shall request the general assembly to 349
make an appropriation sufficient to pay the award, and no payment 350
shall be made until the appropriation has been made. The attorney 351
general shall make this appropriation request during the current 352
biennium and during each succeeding biennium until a sufficient 353
appropriation is made. If, prior to the time that an appropriation 354
is made by the general assembly pursuant to this division, the 355
fund has sufficient unencumbered funds to pay the award or part of 356
the award, the available funds shall be used to pay the award or 357
part of the award, and the appropriation request shall be amended 358
to request only sufficient funds to pay that part of the award 359
that is unpaid. 360

       (C) The attorney general shall not make payment on a decision 361
or order granting an award until all appeals have been determined 362
and all rights to appeal exhausted, except as otherwise provided 363
in this section. If any party to a claim for an award of 364
reparations appeals from only a portion of an award, and a 365
remaining portion provides for the payment of money by the state, 366
that part of the award calling for the payment of money by the 367
state and not a subject of the appeal shall be processed for 368
payment as described in this section. 369

       (D) The attorney general shall prepare itemized bills for the 370
costs of printing and distributing the pamphlet the attorney 371
general prepares pursuant to section 109.42 of the Revised Code. 372
The itemized bills shall set forth the name and address of the 373
persons owed the amounts set forth in them. 374

       (E) As used in this section, "DNA analysis" and "DNA 375
specimen" have the same meanings as in section 109.573 of the 376
Revised Code. 377

       Sec. 2907.02. (A)(1) No person shall engage in sexual 378
conduct with another who is not the spouse of the offender or who 379
is the spouse of the offender but is living separate and apart 380
from the offender, when any of the following applies: 381

       (a) For the purpose of preventing resistance, the offender 382
substantially impairs the other person's judgment or control by 383
administering any drug, intoxicant, or controlled substance to the 384
other person surreptitiously or by force, threat of force, or 385
deception. 386

       (b) The other person is less than thirteen years of age, 387
whether or not the offender knows the age of the other person. 388

       (c) The other person's ability to resist or consent is 389
substantially impaired because of a mental or physical condition 390
or because of advanced age, and the offender knows or has 391
reasonable cause to believe that the other person's ability to 392
resist or consent is substantially impaired because of a mental or 393
physical condition or because of advanced age. 394

       (2) No person shall engage in sexual conduct with another 395
when the offender purposely compels the other person to submit by 396
force or threat of force. 397

       (B) Whoever violates this section is guilty of rape, a felony 398
of the first degree. If the offender under division (A)(1)(a) of 399
this section substantially impairs the other person's judgment or 400
control by administering any controlled substance described in 401
section 3719.41 of the Revised Code to the other person 402
surreptitiously or by force, threat of force, or deception, the 403
prison term imposed upon the offender shall be one of the prison 404
terms prescribed for a felony of the first degree in section 405
2929.14 of the Revised Code that is not less than five years. If 406
~~the~~Except as otherwise provided in this division, notwithstanding 407
sections 2929.11 to 2929.14 of the Revised Code, an offender under 408
division (A)(1)(b) or (A)(2) of this section ~~purposely compels the~~ 409
~~victim to submit by force or threat of force or if the victim~~ 410
~~under division (A)(1)(b) of this section is less than ten years of~~ 411
~~age, whoever violates division (A)(1)(b) of this section shall be~~ 412
~~imprisoned for life~~shall be sentenced to a prison term or term of 413
life imprisonment pursuant to section 2971.03 of the Revised Code. 414
If ~~the~~an offender under division (A)(1)(b) of this section 415
previously has been convicted of or pleaded guilty to violating 416
division (A)(1)(b) of this section or to violating a law of 417
another state or the United States that is substantially similar 418
to division (A)(1)(b) of this section or if the offender during or 419
immediately after the commission of the offense caused serious 420
physical harm to the victim, ~~whoever violates division (A)(1)(b)~~ 421
~~of this section shall be imprisoned for life or~~in lieu of 422
sentencing the offender to a prison term or term of life 423
imprisonment pursuant to section 2971.03 of the Revised Code, the 424
court may impose upon the offender a term of life without parole. 425
If the court imposes a term of life without parole pursuant to 426
this division, division (F) of section 2971.03 of the Revised Code 427
applies and the offender automatically is classified a sexual 428
predator, as described in that division. 429

       (C) A victim need not prove physical resistance to the 430
offender in prosecutions under this section. 431

       (D) Evidence of specific instances of the victim's sexual 432
activity, opinion evidence of the victim's sexual activity, and 433
reputation evidence of the victim's sexual activity shall not be 434
admitted under this section unless it involves evidence of the 435
origin of semen, pregnancy, or disease, or the victim's past 436
sexual activity with the offender, and only to the extent that the 437
court finds that the evidence is material to a fact at issue in 438
the case and that its inflammatory or prejudicial nature does not 439
outweigh its probative value. 440

       Evidence of specific instances of the defendant's sexual 441
activity, opinion evidence of the defendant's sexual activity, and 442
reputation evidence of the defendant's sexual activity shall not 443
be admitted under this section unless it involves evidence of the 444
origin of semen, pregnancy, or disease, the defendant's past 445
sexual activity with the victim, or is admissible against the 446
defendant under section 2945.59 of the Revised Code, and only to 447
the extent that the court finds that the evidence is material to a 448
fact at issue in the case and that its inflammatory or prejudicial 449
nature does not outweigh its probative value. 450

       (E) Prior to taking testimony or receiving evidence of any 451
sexual activity of the victim or the defendant in a proceeding 452
under this section, the court shall resolve the admissibility of 453
the proposed evidence in a hearing in chambers, which shall be 454
held at or before preliminary hearing and not less than three days 455
before trial, or for good cause shown during the trial. 456

       (F) Upon approval by the court, the victim may be represented 457
by counsel in any hearing in chambers or other proceeding to 458
resolve the admissibility of evidence. If the victim is indigent 459
or otherwise is unable to obtain the services of counsel, the 460
court, upon request, may appoint counsel to represent the victim 461
without cost to the victim. 462

       (G) It is not a defense to a charge under division (A)(2) of 463
this section that the offender and the victim were married or were 464
cohabiting at the time of the commission of the offense. 465

       Sec. 2907.05. (A) No person shall have sexual contact with 466
another, not the spouse of the offender; cause another, not the 467
spouse of the offender, to have sexual contact with the offender; 468
or cause two or more other persons to have sexual contact when any 469
of the following applies: 470

       (1) The offender purposely compels the other person, or one 471
of the other persons, to submit by force or threat of force. 472

       (2) For the purpose of preventing resistance, the offender 473
substantially impairs the judgment or control of the other person 474
or of one of the other persons by administering any drug, 475
intoxicant, or controlled substance to the other person 476
surreptitiously or by force, threat of force, or deception. 477

       (3) The offender knows that the judgment or control of the 478
other person or of one of the other persons is substantially 479
impaired as a result of the influence of any drug or intoxicant 480
administered to the other person with the other person's consent 481
for the purpose of any kind of medical or dental examination, 482
treatment, or surgery. 483

       (4) The other person, or one of the other persons, is less 484
than thirteen years of age, whether or not the offender knows the 485
age of that person. 486

       (5) The ability of the other person to resist or consent or 487
the ability of one of the other persons to resist or consent is 488
substantially impaired because of a mental or physical condition 489
or because of advanced age, and the offender knows or has 490
reasonable cause to believe that the ability to resist or consent 491
of the other person or of one of the other persons is 492
substantially impaired because of a mental or physical condition 493
or because of advanced age. 494

       (B) Whoever violates this section is guilty of gross sexual 495
imposition. Except as otherwise provided in this section, a 496
violation of division (A)(1), (2), (3), or (5) of this section is 497
a felony of the fourth degree. If the offender under division 498
(A)(2) of this section substantially impairs the judgment or 499
control of the other person or one of the other persons by 500
administering any controlled substance described in section 501
3719.41 of the Revised Code to the person surreptitiously or by 502
force, threat of force, or deception, a violation of division 503
(A)(2) of this section is a felony of the third degree. A 504
violation of division (A)(4) of this section is a felony of the 505
third degree, except that, notwithstanding sections 2929.11 to 506
2929.14 of the Revised Code, the offender shall be sentenced to a 507
prison term or term of life imprisonment pursuant to section 508
2971.03 of the Revised Code. 509

       (C) A victim need not prove physical resistance to the 510
offender in prosecutions under this section. 511

       (D) Evidence of specific instances of the victim's sexual 512
activity, opinion evidence of the victim's sexual activity, and 513
reputation evidence of the victim's sexual activity shall not be 514
admitted under this section unless it involves evidence of the 515
origin of semen, pregnancy, or disease, or the victim's past 516
sexual activity with the offender, and only to the extent that the 517
court finds that the evidence is material to a fact at issue in 518
the case and that its inflammatory or prejudicial nature does not 519
outweigh its probative value. 520

       Evidence of specific instances of the defendant's sexual 521
activity, opinion evidence of the defendant's sexual activity, and 522
reputation evidence of the defendant's sexual activity shall not 523
be admitted under this section unless it involves evidence of the 524
origin of semen, pregnancy, or disease, the defendant's past 525
sexual activity with the victim, or is admissible against the 526
defendant under section 2945.59 of the Revised Code, and only to 527
the extent that the court finds that the evidence is material to a 528
fact at issue in the case and that its inflammatory or prejudicial 529
nature does not outweigh its probative value. 530

       (E) Prior to taking testimony or receiving evidence of any 531
sexual activity of the victim or the defendant in a proceeding 532
under this section, the court shall resolve the admissibility of 533
the proposed evidence in a hearing in chambers, which shall be 534
held at or before preliminary hearing and not less than three days 535
before trial, or for good cause shown during the trial. 536

       (F) Upon approval by the court, the victim may be represented 537
by counsel in any hearing in chambers or other proceeding to 538
resolve the admissibility of evidence. If the victim is indigent 539
or otherwise is unable to obtain the services of counsel, the 540
court, upon request, may appoint counsel to represent the victim 541
without cost to the victim. 542

       Sec. 2921.34. (A)(1) No person, knowing the person is under 543
detention or being reckless in that regard, shall purposely break 544
or attempt to break the detention, or purposely fail to return to 545
detention, either following temporary leave granted for a specific 546
purpose or limited period, or at the time required when serving a 547
sentence in intermittent confinement. 548

       (2) ~~No person~~Division (A)(2) of this section applies to any 549
person who is adjudicated a sexually violent predator and is 550
sentenced to a prison term pursuant to division (A)(3) of section 551
2971.03 of the Revised Code for the sexually violent offense, and 552
to any person who is convicted of or pleads guilty to a violation 553
of division (A)(1)(b) or (A)(2) of section 2907.02 or division 554
(A)(4) of section 2907.05 of the Revised Code committed on or 555
after the effective date of this amendment and is sentenced to a 556
prison term pursuant to division (B) of section 2971.03 of the 557
Revised Code for the violation. No person to whom this division 558
applies, for whom the requirement that the entire prison term 559
imposed upon the person pursuant to division (A)(3) or (B) of 560
section 2971.03 of the Revised Code be served in a state 561
correctional institution has been modified pursuant to section 562
2971.05 of the Revised Code, and who, pursuant to that 563
modification, is restricted to a geographic area, knowing that the 564
person is under a geographic restriction or being reckless in that 565
regard, shall purposely leave the geographic area to which the 566
restriction applies or purposely fail to return to that geographic 567
area following a temporary leave granted for a specific purpose or 568
for a limited period of time. 569

       (B) Irregularity in bringing about or maintaining detention, 570
or lack of jurisdiction of the committing or detaining authority, 571
is not a defense to a charge under this section if the detention 572
is pursuant to judicial order or in a detention facility. In the 573
case of any other detention, irregularity or lack of jurisdiction 574
is an affirmative defense only if either of the following occurs: 575

       (1) The escape involved no substantial risk of harm to the 576
person or property of another. 577

       (2) The detaining authority knew or should have known there 578
was no legal basis or authority for the detention. 579

       (C) Whoever violates this section is guilty of escape. 580

       (1) If the offender, at the time of the commission of the 581
offense, was under detention as an alleged or adjudicated 582
delinquent child or unruly child and if the act for which the 583
offender was under detention would not be a felony if committed by 584
an adult, escape is a misdemeanor of the first degree. 585

       (2) If the offender, at the time of the commission of the 586
offense, was under detention in any other manner or, the offender 587
is a person who was adjudicated a sexually violent predator for 588
whom the requirement that the entire prison term imposed upon the 589
person pursuant to division (A)(3) of section 2971.03 of the 590
Revised Code be served in a state correctional institution has 591
been modified pursuant to section 2971.05 of the Revised Code, or 592
the offender is a person who was convicted of or pleaded guilty to 593
committing on or after the effective date of this amendment a 594
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 595
division (A)(4) of section 2907.05 of the Revised Code for whom 596
the requirement that the entire prison term imposed upon the 597
person pursuant to division (B) of section 2971.03 of the Revised 598
Code be served in a state correctional institution has been 599
modified pursuant to section 2971.05 of the Revised Code, escape 600
is one of the following: 601

       (a) A felony of the second degree, when the most serious 602
offense for which the person was under detention or ~~adjudicated a~~ 603
~~sexually violent predator~~for which the person had been sentenced 604
to the prison term under division (A)(3) or (B) of section 2971.03 605
of the Revised Code is aggravated murder, murder, or a felony of 606
the first or second degree or, if the person was under detention 607
as an alleged or adjudicated delinquent child, when the most 608
serious act for which the person was under detention would be 609
aggravated murder, murder, or a felony of the first or second 610
degree if committed by an adult; 611

       (b) A felony of the third degree, when the most serious 612
offense for which the person was under detention or ~~adjudicated a~~ 613
~~sexually violent predator~~for which the person had been sentenced 614
to the prison term under division (A)(3) or (B) of section 2971.03 615
of the Revised Code is a felony of the third, fourth, or fifth 616
degree or an unclassified felony or, if the person was under 617
detention as an alleged or adjudicated delinquent child, when the 618
most serious act for which the person was under detention would be 619
a felony of the third, fourth, or fifth degree or an unclassified 620
felony if committed by an adult; 621

       (c) A felony of the fifth degree, when any of the following 622
applies: 623

       (i) The most serious offense for which the person was under 624
detention is a misdemeanor. 625

       (ii) The person was found not guilty by reason of insanity, 626
and the person's detention consisted of hospitalization, 627
institutionalization, or confinement in a facility under an order 628
made pursuant to or under authority of section 2945.40, 2945.401, 629
or 2945.402 of the Revised Code. 630

       (d) A misdemeanor of the first degree, when the most serious 631
offense for which the person was under detention is a misdemeanor 632
and when the person fails to return to detention at a specified 633
time following temporary leave granted for a specific purpose or 634
limited period or at the time required when serving a sentence in 635
intermittent confinement. 636

       (D) As used in this section: 637

       (1) "Adjudicated a sexually violent predator" has the same 638
meaning as in section 2929.01 of the Revised Code, and a person is 639
"adjudicated a sexually violent predator" in the same manner and 640
the same circumstances as are described in that section. 641

       (2) "Sexually violent offense" has the same meaning as in 642
section 2971.01 of the Revised Code. 643

       Sec. 2929.01. As used in this chapter: 644

       (A)(1) "Alternative residential facility" means, subject to 645
division (A)(2) of this section, any facility other than an 646
offender's home or residence in which an offender is assigned to 647
live and that satisfies all of the following criteria: 648

       (a) It provides programs through which the offender may seek 649
or maintain employment or may receive education, training, 650
treatment, or habilitation. 651

       (b) It has received the appropriate license or certificate 652
for any specialized education, training, treatment, habilitation, 653
or other service that it provides from the government agency that 654
is responsible for licensing or certifying that type of education, 655
training, treatment, habilitation, or service. 656

       (2) "Alternative residential facility" does not include a 657
community-based correctional facility, jail, halfway house, or 658
prison. 659

       (B) "Bad time" means the time by which the parole board 660
administratively extends an offender's stated prison term or terms 661
pursuant to section 2967.11 of the Revised Code because the parole 662
board finds by clear and convincing evidence that the offender, 663
while serving the prison term or terms, committed an act that is a 664
criminal offense under the law of this state or the United States, 665
whether or not the offender is prosecuted for the commission of 666
that act. 667

       (C) "Basic probation supervision" means a requirement that 668
the offender maintain contact with a person appointed to supervise 669
the offender in accordance with sanctions imposed by the court or 670
imposed by the parole board pursuant to section 2967.28 of the 671
Revised Code. "Basic probation supervision" includes basic parole 672
supervision and basic post-release control supervision. 673

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 674
"unit dose" have the same meanings as in section 2925.01 of the 675
Revised Code. 676

       (E) "Community-based correctional facility" means a 677
community-based correctional facility and program or district 678
community-based correctional facility and program developed 679
pursuant to sections 2301.51 to 2301.56 of the Revised Code. 680

       (F) "Community control sanction" means a sanction that is not 681
a prison term and that is described in section 2929.15, 2929.16, 682
2929.17, or 2929.18 of the Revised Code or a sanction that is not 683
a jail term and that is described in section 2929.26, 2929.27, or 684
2929.28 of the Revised Code. "Community control sanction" 685
includes probation if the sentence involved was imposed for a 686
felony that was committed prior to July 1, 1996, or if the 687
sentence involved was imposed for a misdemeanor that was committed 688
prior to January 1, 2004. 689

       (G) "Controlled substance," "marihuana," "schedule I," and 690
"schedule II" have the same meanings as in section 3719.01 of the 691
Revised Code. 692

       (H) "Curfew" means a requirement that an offender during a 693
specified period of time be at a designated place. 694

       (I) "Day reporting" means a sanction pursuant to which an 695
offender is required each day to report to and leave a center or 696
other approved reporting location at specified times in order to 697
participate in work, education or training, treatment, and other 698
approved programs at the center or outside the center. 699

       (J) "Deadly weapon" has the same meaning as in section 700
2923.11 of the Revised Code. 701

       (K) "Drug and alcohol use monitoring" means a program under 702
which an offender agrees to submit to random chemical analysis of 703
the offender's blood, breath, or urine to determine whether the 704
offender has ingested any alcohol or other drugs. 705

       (L) "Drug treatment program" means any program under which a 706
person undergoes assessment and treatment designed to reduce or 707
completely eliminate the person's physical or emotional reliance 708
upon alcohol, another drug, or alcohol and another drug and under 709
which the person may be required to receive assessment and 710
treatment on an outpatient basis or may be required to reside at a 711
facility other than the person's home or residence while 712
undergoing assessment and treatment. 713

       (M) "Economic loss" means any economic detriment suffered by 714
a victim as a direct and proximate result of the commission of an 715
offense and includes any loss of income due to lost time at work 716
because of any injury caused to the victim, and any property loss, 717
medical cost, or funeral expense incurred as a result of the 718
commission of the offense. "Economic loss" does not include 719
non-economic loss or any punitive or exemplary damages. 720

       (N) "Education or training" includes study at, or in 721
conjunction with a program offered by, a university, college, or 722
technical college or vocational study and also includes the 723
completion of primary school, secondary school, and literacy 724
curricula or their equivalent. 725

        (O) "Firearm" has the same meaning as in section 2923.11 of 726
the Revised Code. 727

       (P) "Halfway house" means a facility licensed by the division 728
of parole and community services of the department of 729
rehabilitation and correction pursuant to section 2967.14 of the 730
Revised Code as a suitable facility for the care and treatment of 731
adult offenders. 732

       (Q) "House arrest" means a period of confinement of an 733
offender that is in the offender's home or in other premises 734
specified by the sentencing court or by the parole board pursuant 735
to section 2967.28 of the Revised Code and during which all of the 736
following apply: 737

       (1) The offender is required to remain in the offender's home 738
or other specified premises for the specified period of 739
confinement, except for periods of time during which the offender 740
is at the offender's place of employment or at other premises as 741
authorized by the sentencing court or by the parole board. 742

       (2) The offender is required to report periodically to a 743
person designated by the court or parole board. 744

       (3) The offender is subject to any other restrictions and 745
requirements that may be imposed by the sentencing court or by the 746
parole board. 747

       (R) "Intensive probation supervision" means a requirement 748
that an offender maintain frequent contact with a person appointed 749
by the court, or by the parole board pursuant to section 2967.28 750
of the Revised Code, to supervise the offender while the offender 751
is seeking or maintaining necessary employment and participating 752
in training, education, and treatment programs as required in the 753
court's or parole board's order. "Intensive probation supervision" 754
includes intensive parole supervision and intensive post-release 755
control supervision. 756

       (S) "Jail" means a jail, workhouse, minimum security jail, or 757
other residential facility used for the confinement of alleged or 758
convicted offenders that is operated by a political subdivision or 759
a combination of political subdivisions of this state. 760

       (T) "Jail term" means the term in a jail that a sentencing 761
court imposes or is authorized to impose pursuant to section 762
2929.24 or 2929.25 of the Revised Code or pursuant to any other 763
provision of the Revised Code that authorizes a term in a jail for 764
a misdemeanor conviction. 765

       (U) "Mandatory jail term" means the term in a jail that a 766
sentencing court is required to impose pursuant to division (G) of 767
section 1547.99 of the Revised Code, division (E) of section 768
2903.06 or division (D) of section 2903.08 of the Revised Code, 769
division (E) of section 2929.24 of the Revised Code, division (B) 770
of section 4510.14 of the Revised Code, or division (G) of section 771
4511.19 of the Revised Code or pursuant to any other provision of 772
the Revised Code that requires a term in a jail for a misdemeanor 773
conviction. 774

       (V) "Delinquent child" has the same meaning as in section 775
2152.02 of the Revised Code. 776

       (W) "License violation report" means a report that is made by 777
a sentencing court, or by the parole board pursuant to section 778
2967.28 of the Revised Code, to the regulatory or licensing board 779
or agency that issued an offender a professional license or a 780
license or permit to do business in this state and that specifies 781
that the offender has been convicted of or pleaded guilty to an 782
offense that may violate the conditions under which the offender's 783
professional license or license or permit to do business in this 784
state was granted or an offense for which the offender's 785
professional license or license or permit to do business in this 786
state may be revoked or suspended. 787

       (X) "Major drug offender" means an offender who is convicted 788
of or pleads guilty to the possession of, sale of, or offer to 789
sell any drug, compound, mixture, preparation, or substance that 790
consists of or contains at least one thousand grams of hashish; at 791
least one hundred grams of crack cocaine; at least one thousand 792
grams of cocaine that is not crack cocaine; at least two thousand 793
five hundred unit doses or two hundred fifty grams of heroin; at 794
least five thousand unit doses of L.S.D. or five hundred grams of 795
L.S.D. in a liquid concentrate, liquid extract, or liquid 796
distillate form; or at least one hundred times the amount of any 797
other schedule I or II controlled substance other than marihuana 798
that is necessary to commit a felony of the third degree pursuant 799
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised 800
Code that is based on the possession of, sale of, or offer to sell 801
the controlled substance. 802

       (Y) "Mandatory prison term" means any of the following: 803

       (1) Subject to division (Y)(2) of this section, the term in 804
prison that must be imposed for the offenses or circumstances set 805
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section 806
2929.13 and division (D) of section 2929.14 of the Revised Code. 807
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 808
and 2925.11 of the Revised Code, unless the maximum or another 809
specific term is required under section 2929.14 of the Revised 810
Code, a mandatory prison term described in this division may be 811
any prison term authorized for the level of offense. 812

       (2) The term of sixty or one hundred twenty days in prison 813
that a sentencing court is required to impose for a third or 814
fourth degree felony OVI offense pursuant to division (G)(2) of 815
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 816
of the Revised Code or the term of one, two, three, four, or five 817
years in prison that a sentencing court is required to impose 818
pursuant to division (G)(2) of section 2929.13 of the Revised 819
Code. 820

       (3) The term in prison imposed pursuant to division (A) of 821
section 2971.03 of the Revised Code for the offenses and in the 822
circumstances described in division (F)(11) of section 2929.13 of 823
the Revised Code or pursuant to division (B) of section 2971.03 of 824
the Revised Code for the offense of rape or gross sexual 825
imposition committed on or after the effective date of this 826
amendment in violation of division (A)(1)(b) or (A)(2) of section 827
2907.02 or division (A)(4) of section 2907.05 of the Revised Code 828
and that term as modified or terminated pursuant to section 829
2971.05 of the Revised Code. 830

       (Z) "Monitored time" means a period of time during which an 831
offender continues to be under the control of the sentencing court 832
or parole board, subject to no conditions other than leading a 833
law-abiding life. 834

       (AA) "Offender" means a person who, in this state, is 835
convicted of or pleads guilty to a felony or a misdemeanor. 836

       (BB) "Prison" means a residential facility used for the 837
confinement of convicted felony offenders that is under the 838
control of the department of rehabilitation and correction but 839
does not include a violation sanction center operated under 840
authority of section 2967.141 of the Revised Code. 841

       (CC) "Prison term" includes any of the following sanctions 842
for an offender: 843

       (1) A stated prison term; 844

       (2) A term in a prison shortened by, or with the approval of, 845
the sentencing court pursuant to section 2929.20, 2967.26, 846
5120.031, 5120.032, or 5120.073 of the Revised Code; 847

       (3) A term in prison extended by bad time imposed pursuant to 848
section 2967.11 of the Revised Code or imposed for a violation of 849
post-release control pursuant to section 2967.28 of the Revised 850
Code. 851

       (DD) "Repeat violent offender" means a person about whom both 852
of the following apply: 853

       (1) The person has been convicted of or has pleaded guilty 854
to, and is being sentenced for committing, for complicity in 855
committing, or for an attempt to commit, aggravated murder, 856
murder, involuntary manslaughter, a felony of the first degree 857
other than one set forth in Chapter 2925. of the Revised Code, a 858
felony of the first degree set forth in Chapter 2925. of the 859
Revised Code that involved an attempt to cause serious physical 860
harm to a person or that resulted in serious physical harm to a 861
person, or a felony of the second degree that involved an attempt 862
to cause serious physical harm to a person or that resulted in 863
serious physical harm to a person. 864

       (2) Either of the following applies: 865

       (a) The person previously was convicted of or pleaded guilty 866
to, and previously served or, at the time of the offense was 867
serving, a prison term for, any of the following: 868

       (i) Aggravated murder, murder, involuntary manslaughter, 869
rape, felonious sexual penetration as it existed under section 870
2907.12 of the Revised Code prior to September 3, 1996, a felony 871
of the first or second degree that resulted in the death of a 872
person or in physical harm to a person, or complicity in or an 873
attempt to commit any of those offenses; 874

       (ii) An offense under an existing or former law of this 875
state, another state, or the United States that is or was 876
substantially equivalent to an offense listed under division 877
(DD)(2)(a)(i) of this section and that resulted in the death of a 878
person or in physical harm to a person. 879

       (b) The person previously was adjudicated a delinquent child 880
for committing an act that if committed by an adult would have 881
been an offense listed in division (DD)(2)(a)(i) or (ii) of this 882
section, the person was committed to the department of youth 883
services for that delinquent act. 884

       (EE) "Sanction" means any penalty imposed upon an offender 885
who is convicted of or pleads guilty to an offense, as punishment 886
for the offense. "Sanction" includes any sanction imposed pursuant 887
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 888
2929.28 of the Revised Code. 889

       (FF) "Sentence" means the sanction or combination of 890
sanctions imposed by the sentencing court on an offender who is 891
convicted of or pleads guilty to an offense. 892

       (GG) "Stated prison term" means the prison term, mandatory 893
prison term, or combination of all prison terms and mandatory 894
prison terms imposed by the sentencing court pursuant to section 895
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 896
includes any credit received by the offender for time spent in 897
jail awaiting trial, sentencing, or transfer to prison for the 898
offense and any time spent under house arrest or house arrest with 899
electronic monitoring imposed after earning credits pursuant to 900
section 2967.193 of the Revised Code. 901

       (HH) "Victim-offender mediation" means a reconciliation or 902
mediation program that involves an offender and the victim of the 903
offense committed by the offender and that includes a meeting in 904
which the offender and the victim may discuss the offense, discuss 905
restitution, and consider other sanctions for the offense. 906

       (II) "Fourth degree felony OVI offense" means a violation of 907
division (A) of section 4511.19 of the Revised Code that, under 908
division (G) of that section, is a felony of the fourth degree. 909

       (JJ) "Mandatory term of local incarceration" means the term 910
of sixty or one hundred twenty days in a jail, a community-based 911
correctional facility, a halfway house, or an alternative 912
residential facility that a sentencing court may impose upon a 913
person who is convicted of or pleads guilty to a fourth degree 914
felony OVI offense pursuant to division (G)(1) of section 2929.13 915
of the Revised Code and division (G)(1)(d) or (e) of section 916
4511.19 of the Revised Code. 917

       (KK) "Designated homicide, assault, or kidnapping offense," 918
"violent sex offense," "sexual motivation specification," 919
"sexually violent offense," "sexually violent predator," and 920
"sexually violent predator specification" have the same meanings 921
as in section 2971.01 of the Revised Code. 922

       (LL) "Habitual sex offender," "sexually oriented offense," 923
"sexual predator," "registration-exempt sexually oriented 924
offense," "child-victim oriented offense," "habitual child-victim 925
offender," and "child-victim predator" have the same meanings as 926
in section 2950.01 of the Revised Code. 927

       (MM) An offense is "committed in the vicinity of a child" if 928
the offender commits the offense within thirty feet of or within 929
the same residential unit as a child who is under eighteen years 930
of age, regardless of whether the offender knows the age of the 931
child or whether the offender knows the offense is being committed 932
within thirty feet of or within the same residential unit as the 933
child and regardless of whether the child actually views the 934
commission of the offense. 935

       (NN) "Family or household member" has the same meaning as in 936
section 2919.25 of the Revised Code. 937

       (OO) "Motor vehicle" and "manufactured home" have the same 938
meanings as in section 4501.01 of the Revised Code. 939

       (PP) "Detention" and "detention facility" have the same 940
meanings as in section 2921.01 of the Revised Code. 941

       (QQ) "Third degree felony OVI offense" means a violation of 942
division (A) of section 4511.19 of the Revised Code that, under 943
division (G) of that section, is a felony of the third degree. 944

       (RR) "Random drug testing" has the same meaning as in section 945
5120.63 of the Revised Code. 946

       (SS) "Felony sex offense" has the same meaning as in section 947
2967.28 of the Revised Code. 948

       (TT) "Body armor" has the same meaning as in section 949
2941.1411 of the Revised Code. 950

       (UU) "Electronic monitoring" means monitoring through the use 951
of an electronic monitoring device. 952

        (VV) "Electronic monitoring device" means any of the 953
following: 954

        (1) Any device that can be operated by electrical or battery 955
power and that conforms with all of the following: 956

        (a) The device has a transmitter that can be attached to a 957
person, that will transmit a specified signal to a receiver of the 958
type described in division (VV)(1)(b) of this section if the 959
transmitter is removed from the person, turned off, or altered in 960
any manner without prior court approval in relation to electronic 961
monitoring or without prior approval of the department of 962
rehabilitation and correction in relation to the use of an 963
electronic monitoring device for an inmate on transitional control 964
or otherwise is tampered with, that can transmit continuously and 965
periodically a signal to that receiver when the person is within a 966
specified distance from the receiver, and that can transmit an 967
appropriate signal to that receiver if the person to whom it is 968
attached travels a specified distance from that receiver. 969

        (b) The device has a receiver that can receive continuously 970
the signals transmitted by a transmitter of the type described in 971
division (VV)(1)(a) of this section, can transmit continuously 972
those signals by telephone to a central monitoring computer of the 973
type described in division (VV)(1)(c) of this section, and can 974
transmit continuously an appropriate signal to that central 975
monitoring computer if the receiver is turned off or altered 976
without prior court approval or otherwise tampered with. 977

        (c) The device has a central monitoring computer that can 978
receive continuously the signals transmitted by telephone by a 979
receiver of the type described in division (VV)(1)(b) of this 980
section and can monitor continuously the person to whom an 981
electronic monitoring device of the type described in division 982
(VV)(1)(a) of this section is attached. 983

        (2) Any device that is not a device of the type described in 984
division (VV)(1) of this section and that conforms with all of the 985
following: 986

       (a) The device includes a transmitter and receiver that can 987
monitor and determine the location of a subject person at any 988
time, or at a designated point in time, through the use of a 989
central monitoring computer or through other electronic means. 990

        (b) The device includes a transmitter and receiver that can 991
determine at any time, or at a designated point in time, through 992
the use of a central monitoring computer or other electronic means 993
the fact that the transmitter is turned off or altered in any 994
manner without prior approval of the court in relation to the 995
electronic monitoring or without prior approval of the department 996
of rehabilitation and correction in relation to the use of an 997
electronic monitoring device for an inmate on transitional control 998
or otherwise is tampered with. 999

        (3) Any type of technology that can adequately track or 1000
determine the location of a subject person at any time and that is 1001
approved by the director of rehabilitation and correction, 1002
including, but not limited to, any satellite technology, voice 1003
tracking system, or retinal scanning system that is so approved. 1004

       (WW) "Non-economic loss" means nonpecuniary harm suffered by 1005
a victim of an offense as a result of or related to the commission 1006
of the offense, including, but not limited to, pain and suffering; 1007
loss of society, consortium, companionship, care, assistance, 1008
attention, protection, advice, guidance, counsel, instruction, 1009
training, or education; mental anguish; and any other intangible 1010
loss. 1011

       (XX) "Prosecutor" has the same meaning as in section 2935.01 1012
of the Revised Code. 1013

       (YY) "Continuous alcohol monitoring" means the ability to 1014
automatically test and periodically transmit alcohol consumption 1015
levels and tamper attempts at least every hour, regardless of the 1016
location of the person who is being monitored. 1017

       (ZZ) A person is "adjudicated a sexually violent predator" if 1018
the person is convicted of or pleads guilty to a violent sex 1019
offense and also is convicted of or pleads guilty to a sexually 1020
violent predator specification that was included in the 1021
indictment, count in the indictment, or information charging that 1022
violent sex offense or if the person is convicted of or pleads 1023
guilty to a designated homicide, assault, or kidnapping offense 1024
and also is convicted of or pleads guilty to both a sexual 1025
motivation specification and a sexually violent predator 1026
specification that were included in the indictment, count in the 1027
indictment, or information charging that designated homicide, 1028
assault, or kidnapping offense. 1029

       Sec. 2929.13. (A) Except as provided in division (E), (F), 1030
or (G) of this section and unless a specific sanction is required 1031
to be imposed or is precluded from being imposed pursuant to law, 1032
a court that imposes a sentence upon an offender for a felony may 1033
impose any sanction or combination of sanctions on the offender 1034
that are provided in sections 2929.14 to 2929.18 of the Revised 1035
Code. The sentence shall not impose an unnecessary burden on state 1036
or local government resources. 1037

       If the offender is eligible to be sentenced to community 1038
control sanctions, the court shall consider the appropriateness of 1039
imposing a financial sanction pursuant to section 2929.18 of the 1040
Revised Code or a sanction of community service pursuant to 1041
section 2929.17 of the Revised Code as the sole sanction for the 1042
offense. Except as otherwise provided in this division, if the 1043
court is required to impose a mandatory prison term for the 1044
offense for which sentence is being imposed, the court also may 1045
impose a financial sanction pursuant to section 2929.18 of the 1046
Revised Code but may not impose any additional sanction or 1047
combination of sanctions under section 2929.16 or 2929.17 of the 1048
Revised Code. 1049

       If the offender is being sentenced for a fourth degree felony 1050
OVI offense or for a third degree felony OVI offense, in addition 1051
to the mandatory term of local incarceration or the mandatory 1052
prison term required for the offense by division (G)(1) or (2) of 1053
this section, the court shall impose upon the offender a mandatory 1054
fine in accordance with division (B)(3) of section 2929.18 of the 1055
Revised Code and may impose whichever of the following is 1056
applicable: 1057

       (1) For a fourth degree felony OVI offense for which sentence 1058
is imposed under division (G)(1) of this section, an additional 1059
community control sanction or combination of community control 1060
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 1061
the court imposes upon the offender a community control sanction 1062
and the offender violates any condition of the community control 1063
sanction, the court may take any action prescribed in division (B) 1064
of section 2929.15 of the Revised Code relative to the offender, 1065
including imposing a prison term on the offender pursuant to that 1066
division. 1067

       (2) For a third or fourth degree felony OVI offense for which 1068
sentence is imposed under division (G)(2) of this section, an 1069
additional prison term as described in division (D)(4) of section 1070
2929.14 of the Revised Code or a community control sanction as 1071
described in division (G)(2) of this section. 1072

       (B)(1) Except as provided in division (B)(2), (E), (F), or 1073
(G) of this section, in sentencing an offender for a felony of the 1074
fourth or fifth degree, the sentencing court shall determine 1075
whether any of the following apply: 1076

       (a) In committing the offense, the offender caused physical 1077
harm to a person. 1078

       (b) In committing the offense, the offender attempted to 1079
cause or made an actual threat of physical harm to a person with a 1080
deadly weapon. 1081

       (c) In committing the offense, the offender attempted to 1082
cause or made an actual threat of physical harm to a person, and 1083
the offender previously was convicted of an offense that caused 1084
physical harm to a person. 1085

       (d) The offender held a public office or position of trust 1086
and the offense related to that office or position; the offender's 1087
position obliged the offender to prevent the offense or to bring 1088
those committing it to justice; or the offender's professional 1089
reputation or position facilitated the offense or was likely to 1090
influence the future conduct of others. 1091

       (e) The offender committed the offense for hire or as part of 1092
an organized criminal activity. 1093

       (f) The offense is a sex offense that is a fourth or fifth 1094
degree felony violation of section 2907.03, 2907.04, 2907.05, 1095
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 1096
Revised Code. 1097

       (g) The offender at the time of the offense was serving, or 1098
the offender previously had served, a prison term. 1099

       (h) The offender committed the offense while under a 1100
community control sanction, while on probation, or while released 1101
from custody on a bond or personal recognizance. 1102

       (i) The offender committed the offense while in possession of 1103
a firearm. 1104

       (2)(a) If the court makes a finding described in division 1105
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this 1106
section and if the court, after considering the factors set forth 1107
in section 2929.12 of the Revised Code, finds that a prison term 1108
is consistent with the purposes and principles of sentencing set 1109
forth in section 2929.11 of the Revised Code and finds that the 1110
offender is not amenable to an available community control 1111
sanction, the court shall impose a prison term upon the offender. 1112

       (b) Except as provided in division (E), (F), or (G) of this 1113
section, if the court does not make a finding described in 1114
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of 1115
this section and if the court, after considering the factors set 1116
forth in section 2929.12 of the Revised Code, finds that a 1117
community control sanction or combination of community control 1118
sanctions is consistent with the purposes and principles of 1119
sentencing set forth in section 2929.11 of the Revised Code, the 1120
court shall impose a community control sanction or combination of 1121
community control sanctions upon the offender. 1122

       (C) Except as provided in division (E), (F), or (G) of this 1123
section, in determining whether to impose a prison term as a 1124
sanction for a felony of the third degree or a felony drug offense 1125
that is a violation of a provision of Chapter 2925. of the Revised 1126
Code and that is specified as being subject to this division for 1127
purposes of sentencing, the sentencing court shall comply with the 1128
purposes and principles of sentencing under section 2929.11 of the 1129
Revised Code and with section 2929.12 of the Revised Code. 1130

       (D) Except as provided in division (E) or (F) of this 1131
section, for a felony of the first or second degree and for a 1132
felony drug offense that is a violation of any provision of 1133
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1134
presumption in favor of a prison term is specified as being 1135
applicable, it is presumed that a prison term is necessary in 1136
order to comply with the purposes and principles of sentencing 1137
under section 2929.11 of the Revised Code. Notwithstanding the 1138
presumption established under this division, the sentencing court 1139
may impose a community control sanction or a combination of 1140
community control sanctions instead of a prison term on an 1141
offender for a felony of the first or second degree or for a 1142
felony drug offense that is a violation of any provision of 1143
Chapter 2925., 3719., or 4729. of the Revised Code for which a 1144
presumption in favor of a prison term is specified as being 1145
applicable if it makes both of the following findings: 1146

       (1) A community control sanction or a combination of 1147
community control sanctions would adequately punish the offender 1148
and protect the public from future crime, because the applicable 1149
factors under section 2929.12 of the Revised Code indicating a 1150
lesser likelihood of recidivism outweigh the applicable factors 1151
under that section indicating a greater likelihood of recidivism. 1152

       (2) A community control sanction or a combination of 1153
community control sanctions would not demean the seriousness of 1154
the offense, because one or more factors under section 2929.12 of 1155
the Revised Code that indicate that the offender's conduct was 1156
less serious than conduct normally constituting the offense are 1157
applicable, and they outweigh the applicable factors under that 1158
section that indicate that the offender's conduct was more serious 1159
than conduct normally constituting the offense. 1160

       (E)(1) Except as provided in division (F) of this section, 1161
for any drug offense that is a violation of any provision of 1162
Chapter 2925. of the Revised Code and that is a felony of the 1163
third, fourth, or fifth degree, the applicability of a presumption 1164
under division (D) of this section in favor of a prison term or of 1165
division (B) or (C) of this section in determining whether to 1166
impose a prison term for the offense shall be determined as 1167
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 1168
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the 1169
Revised Code, whichever is applicable regarding the violation. 1170

       (2) If an offender who was convicted of or pleaded guilty to 1171
a felony violates the conditions of a community control sanction 1172
imposed for the offense solely by reason of producing positive 1173
results on a drug test, the court, as punishment for the violation 1174
of the sanction, shall not order that the offender be imprisoned 1175
unless the court determines on the record either of the following: 1176

       (a) The offender had been ordered as a sanction for the 1177
felony to participate in a drug treatment program, in a drug 1178
education program, or in narcotics anonymous or a similar program, 1179
and the offender continued to use illegal drugs after a reasonable 1180
period of participation in the program. 1181

       (b) The imprisonment of the offender for the violation is 1182
consistent with the purposes and principles of sentencing set 1183
forth in section 2929.11 of the Revised Code. 1184

       (F) Notwithstanding divisions (A) to (E) of this section, the 1185
court shall impose a prison term or terms under sections 2929.02 1186
to 2929.06, section 2929.14, or section 2971.03 of the Revised 1187
Code and except as specifically provided in section 2929.20 or 1188
2967.191 of the Revised Code or when parole is authorized for the 1189
offense under section 2967.13 of the Revised Code shall not reduce 1190
the terms pursuant to section 2929.20, section 2967.193, or any 1191
other provision of Chapter 2967. or Chapter 5120. of the Revised 1192
Code for any of the following offenses: 1193

       (1) Aggravated murder when death is not imposed or murder; 1194

       (2) Any rape, regardless of whether force was involved and 1195
regardless of the age of the victim, or an attempt to commit rape 1196
if, had the offender completed the rape that was attempted, the 1197
offender would have been subject to a sentence of life 1198
imprisonment or life imprisonment without parole for the rape; 1199

       (3) Gross sexual imposition committed on or after the 1200
effective date of this amendment in violation of division (A)(4) 1201
of section 2907.05 of the Revised Code, or gross sexual imposition 1202
or sexual battery, if the victim is under thirteen years of age, 1203
if the offender previously was convicted of or pleaded guilty to 1204
rape, the former offense of felonious sexual penetration, gross 1205
sexual imposition, or sexual battery, and if the victim of the 1206
previous offense was under thirteen years of age; 1207

       (4) A felony violation of section 2903.04, 2903.06, 2903.08, 1208
2903.11, 2903.12, or 2903.13 of the Revised Code if the section 1209
requires the imposition of a prison term; 1210

       (5) A first, second, or third degree felony drug offense for 1211
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 1212
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 1213
4729.99 of the Revised Code, whichever is applicable regarding the 1214
violation, requires the imposition of a mandatory prison term; 1215

       (6) Any offense that is a first or second degree felony and 1216
that is not set forth in division (F)(1), (2), (3), or (4) of this 1217
section, if the offender previously was convicted of or pleaded 1218
guilty to aggravated murder, murder, any first or second degree 1219
felony, or an offense under an existing or former law of this 1220
state, another state, or the United States that is or was 1221
substantially equivalent to one of those offenses; 1222

       (7) Any offense that is a third degree felony and that is 1223
listed in division (DD)(1) of section 2929.01 of the Revised Code 1224
if the offender previously was convicted of or pleaded guilty to 1225
any offense that is listed in division (DD)(2)(a)(i) or (ii) of 1226
section 2929.01 of the Revised Code; 1227

       (8) Any offense, other than a violation of section 2923.12 of 1228
the Revised Code, that is a felony, if the offender had a firearm 1229
on or about the offender's person or under the offender's control 1230
while committing the felony, with respect to a portion of the 1231
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 1232
of the Revised Code for having the firearm; 1233

       (9) Any offense of violence that is a felony, if the offender 1234
wore or carried body armor while committing the felony offense of 1235
violence, with respect to the portion of the sentence imposed 1236
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 1237
Code for wearing or carrying the body armor; 1238

       (10) Corrupt activity in violation of section 2923.32 of the 1239
Revised Code when the most serious offense in the pattern of 1240
corrupt activity that is the basis of the offense is a felony of 1241
the first degree; 1242

       (11) Any violent sex offense or designated homicide, assault, 1243
or kidnapping offense if, in relation to that offense, the 1244
offender is adjudicated a sexually violent predator; 1245

       (12) A violation of division (A)(1) or (2) of section 2921.36 1246
of the Revised Code, or a violation of division (C) of that 1247
section involving an item listed in division (A)(1) or (2) of that 1248
section, if the offender is an officer or employee of the 1249
department of rehabilitation and correction; 1250

        (13) A violation of division (A)(1) or (2) of section 2903.06 1251
of the Revised Code if the victim of the offense is a peace 1252
officer, as defined in section 2935.01 of the Revised Code, with 1253
respect to the portion of the sentence imposed pursuant to 1254
division (D)(5) of section 2929.14 of the Revised Code; 1255

        (14) A violation of division (A)(1) or (2) of section 2903.06 1256
of the Revised Code if the offender has been convicted of or 1257
pleaded guilty to three or more violations of division (A) or (B) 1258
of section 4511.19 of the Revised Code or an equivalent offense, 1259
as defined in section 2941.1415 of the Revised Code, or three or 1260
more violations of any combination of those divisions and 1261
offenses, with respect to the portion of the sentence imposed 1262
pursuant to division (D)(6) of section 2929.14 of the Revised 1263
Code. 1264

       (G) Notwithstanding divisions (A) to (E) of this section, if 1265
an offender is being sentenced for a fourth degree felony OVI 1266
offense or for a third degree felony OVI offense, the court shall 1267
impose upon the offender a mandatory term of local incarceration 1268
or a mandatory prison term in accordance with the following: 1269

       (1) If the offender is being sentenced for a fourth degree 1270
felony OVI offense and if the offender has not been convicted of 1271
and has not pleaded guilty to a specification of the type 1272
described in section 2941.1413 of the Revised Code, the court may 1273
impose upon the offender a mandatory term of local incarceration 1274
of sixty days or one hundred twenty days as specified in division 1275
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall 1276
not reduce the term pursuant to section 2929.20, 2967.193, or any 1277
other provision of the Revised Code. The court that imposes a 1278
mandatory term of local incarceration under this division shall 1279
specify whether the term is to be served in a jail, a 1280
community-based correctional facility, a halfway house, or an 1281
alternative residential facility, and the offender shall serve the 1282
term in the type of facility specified by the court. A mandatory 1283
term of local incarceration imposed under division (G)(1) of this 1284
section is not subject to extension under section 2967.11 of the 1285
Revised Code, to a period of post-release control under section 1286
2967.28 of the Revised Code, or to any other Revised Code 1287
provision that pertains to a prison term except as provided in 1288
division (A)(1) of this section. 1289

       (2) If the offender is being sentenced for a third degree 1290
felony OVI offense, or if the offender is being sentenced for a 1291
fourth degree felony OVI offense and the court does not impose a 1292
mandatory term of local incarceration under division (G)(1) of 1293
this section, the court shall impose upon the offender a mandatory 1294
prison term of one, two, three, four, or five years if the 1295
offender also is convicted of or also pleads guilty to a 1296
specification of the type described in section 2941.1413 of the 1297
Revised Code or shall impose upon the offender a mandatory prison 1298
term of sixty days or one hundred twenty days as specified in 1299
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 1300
if the offender has not been convicted of and has not pleaded 1301
guilty to a specification of that type. The court shall not reduce 1302
the term pursuant to section 2929.20, 2967.193, or any other 1303
provision of the Revised Code. The offender shall serve the one-, 1304
two-, three-, four-, or five-year mandatory prison term 1305
consecutively to and prior to the prison term imposed for the 1306
underlying offense and consecutively to any other mandatory prison 1307
term imposed in relation to the offense. In no case shall an 1308
offender who once has been sentenced to a mandatory term of local 1309
incarceration pursuant to division (G)(1) of this section for a 1310
fourth degree felony OVI offense be sentenced to another mandatory 1311
term of local incarceration under that division for any violation 1312
of division (A) of section 4511.19 of the Revised Code. In 1313
addition to the mandatory prison term described in division (G)(2) 1314
of this section, the court may sentence the offender to a 1315
community control sanction under section 2929.16 or 2929.17 of the 1316
Revised Code, but the offender shall serve the prison term prior 1317
to serving the community control sanction. The department of 1318
rehabilitation and correction may place an offender sentenced to a 1319
mandatory prison term under this division in an intensive program 1320
prison established pursuant to section 5120.033 of the Revised 1321
Code if the department gave the sentencing judge prior notice of 1322
its intent to place the offender in an intensive program prison 1323
established under that section and if the judge did not notify the 1324
department that the judge disapproved the placement. Upon the 1325
establishment of the initial intensive program prison pursuant to 1326
section 5120.033 of the Revised Code that is privately operated 1327
and managed by a contractor pursuant to a contract entered into 1328
under section 9.06 of the Revised Code, both of the following 1329
apply: 1330

       (a) The department of rehabilitation and correction shall 1331
make a reasonable effort to ensure that a sufficient number of 1332
offenders sentenced to a mandatory prison term under this division 1333
are placed in the privately operated and managed prison so that 1334
the privately operated and managed prison has full occupancy. 1335

       (b) Unless the privately operated and managed prison has full 1336
occupancy, the department of rehabilitation and correction shall 1337
not place any offender sentenced to a mandatory prison term under 1338
this division in any intensive program prison established pursuant 1339
to section 5120.033 of the Revised Code other than the privately 1340
operated and managed prison. 1341

       (H) If an offender is being sentenced for a sexually oriented 1342
offense committed on or after January 1, 1997, the judge shall 1343
require the offender to submit to a DNA specimen collection 1344
procedure pursuant to section 2901.07 of the Revised Code if 1345
~~either~~any of the following applies: 1346

       (1) The offense was a violent sex offense or a designated 1347
homicide, assault, or kidnapping offense and, in relation to that 1348
offense, the offender was adjudicated a sexually violent predator. 1349

       (2) The offense was a violation of division (A)(1)(b) or 1350
(A)(2) of section 2907.02 or division (A)(4) of section 2907.05 of 1351
the Revised Code committed on or after the effective date of this 1352
amendment. 1353

       (3) The judge imposing sentence for the sexually oriented 1354
offense determines pursuant to division (B) of section 2950.09 of 1355
the Revised Code that the offender is a sexual predator. 1356

       (I) If an offender is being sentenced for a sexually oriented 1357
offense that is not a registration-exempt sexually oriented 1358
offense or for a child-victim oriented offense committed on or 1359
after January 1, 1997, the judge shall include in the sentence a 1360
summary of the offender's duties imposed under sections 2950.04, 1361
2950.041, 2950.05, and 2950.06 of the Revised Code and the 1362
duration of the duties. The judge shall inform the offender, at 1363
the time of sentencing, of those duties and of their duration and, 1364
if required under division (A)(2) of section 2950.03 of the 1365
Revised Code, shall perform the duties specified in that section. 1366

       (J)(1) Except as provided in division (J)(2) of this section, 1367
when considering sentencing factors under this section in relation 1368
to an offender who is convicted of or pleads guilty to an attempt 1369
to commit an offense in violation of section 2923.02 of the 1370
Revised Code, the sentencing court shall consider the factors 1371
applicable to the felony category of the violation of section 1372
2923.02 of the Revised Code instead of the factors applicable to 1373
the felony category of the offense attempted. 1374

       (2) When considering sentencing factors under this section in 1375
relation to an offender who is convicted of or pleads guilty to an 1376
attempt to commit a drug abuse offense for which the penalty is 1377
determined by the amount or number of unit doses of the controlled 1378
substance involved in the drug abuse offense, the sentencing court 1379
shall consider the factors applicable to the felony category that 1380
the drug abuse offense attempted would be if that drug abuse 1381
offense had been committed and had involved an amount or number of 1382
unit doses of the controlled substance that is within the next 1383
lower range of controlled substance amounts than was involved in 1384
the attempt. 1385

       (K) As used in this section, "drug abuse offense" has the 1386
same meaning as in section 2925.01 of the Revised Code. 1387

       Sec. 2929.14. (A) Except as provided in division (C), 1388
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this 1389
section and except in relation to an offense for which a sentence 1390
of death or life imprisonment is to be imposed, if the court 1391
imposing a sentence upon an offender for a felony elects or is 1392
required to impose a prison term on the offender pursuant to this 1393
chapter, the court shall impose a definite prison term that shall 1394
be one of the following: 1395

       (1) For a felony of the first degree, the prison term shall 1396
be three, four, five, six, seven, eight, nine, or ten years. 1397

       (2) For a felony of the second degree, the prison term shall 1398
be two, three, four, five, six, seven, or eight years. 1399

       (3) For a felony of the third degree, the prison term shall 1400
be one, two, three, four, or five years. 1401

       (4) For a felony of the fourth degree, the prison term shall 1402
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 1403
fourteen, fifteen, sixteen, seventeen, or eighteen months. 1404

       (5) For a felony of the fifth degree, the prison term shall 1405
be six, seven, eight, nine, ten, eleven, or twelve months. 1406

       (B) Except as provided in division (C), (D)(1), (D)(2), 1407
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 1408
of the Revised Code, or in Chapter 2925. of the Revised Code, if 1409
the court imposing a sentence upon an offender for a felony elects 1410
or is required to impose a prison term on the offender, the court 1411
shall impose the shortest prison term authorized for the offense 1412
pursuant to division (A) of this section, unless one or more of 1413
the following applies: 1414

       (1) The offender was serving a prison term at the time of the 1415
offense, or the offender previously had served a prison term. 1416

       (2) The court finds on the record that the shortest prison 1417
term will demean the seriousness of the offender's conduct or will 1418
not adequately protect the public from future crime by the 1419
offender or others. 1420

       (C) Except as provided in division (G) of this section or in 1421
Chapter 2925. of the Revised Code, the court imposing a sentence 1422
upon an offender for a felony may impose the longest prison term 1423
authorized for the offense pursuant to division (A) of this 1424
section only upon offenders who committed the worst forms of the 1425
offense, upon offenders who pose the greatest likelihood of 1426
committing future crimes, upon certain major drug offenders under 1427
division (D)(3) of this section, and upon certain repeat violent 1428
offenders in accordance with division (D)(2) of this section. 1429

       (D)(1)(a) Except as provided in division (D)(1)(e) of this 1430
section, if an offender who is convicted of or pleads guilty to a 1431
felony also is convicted of or pleads guilty to a specification of 1432
the type described in section 2941.141, 2941.144, or 2941.145 of 1433
the Revised Code, the court shall impose on the offender one of 1434
the following prison terms: 1435

       (i) A prison term of six years if the specification is of the 1436
type described in section 2941.144 of the Revised Code that 1437
charges the offender with having a firearm that is an automatic 1438
firearm or that was equipped with a firearm muffler or silencer on 1439
or about the offender's person or under the offender's control 1440
while committing the felony; 1441

       (ii) A prison term of three years if the specification is of 1442
the type described in section 2941.145 of the Revised Code that 1443
charges the offender with having a firearm on or about the 1444
offender's person or under the offender's control while committing 1445
the offense and displaying the firearm, brandishing the firearm, 1446
indicating that the offender possessed the firearm, or using it to 1447
facilitate the offense; 1448

       (iii) A prison term of one year if the specification is of 1449
the type described in section 2941.141 of the Revised Code that 1450
charges the offender with having a firearm on or about the 1451
offender's person or under the offender's control while committing 1452
the felony. 1453

       (b) If a court imposes a prison term on an offender under 1454
division (D)(1)(a) of this section, the prison term shall not be 1455
reduced pursuant to section 2929.20, section 2967.193, or any 1456
other provision of Chapter 2967. or Chapter 5120. of the Revised 1457
Code. A court shall not impose more than one prison term on an 1458
offender under division (D)(1)(a) of this section for felonies 1459
committed as part of the same act or transaction. 1460

       (c) Except as provided in division (D)(1)(e) of this section, 1461
if an offender who is convicted of or pleads guilty to a violation 1462
of section 2923.161 of the Revised Code or to a felony that 1463
includes, as an essential element, purposely or knowingly causing 1464
or attempting to cause the death of or physical harm to another, 1465
also is convicted of or pleads guilty to a specification of the 1466
type described in section 2941.146 of the Revised Code that 1467
charges the offender with committing the offense by discharging a 1468
firearm from a motor vehicle other than a manufactured home, the 1469
court, after imposing a prison term on the offender for the 1470
violation of section 2923.161 of the Revised Code or for the other 1471
felony offense under division (A), (D)(2), or (D)(3) of this 1472
section, shall impose an additional prison term of five years upon 1473
the offender that shall not be reduced pursuant to section 1474
2929.20, section 2967.193, or any other provision of Chapter 2967. 1475
or Chapter 5120. of the Revised Code. A court shall not impose 1476
more than one additional prison term on an offender under division 1477
(D)(1)(c) of this section for felonies committed as part of the 1478
same act or transaction. If a court imposes an additional prison 1479
term on an offender under division (D)(1)(c) of this section 1480
relative to an offense, the court also shall impose a prison term 1481
under division (D)(1)(a) of this section relative to the same 1482
offense, provided the criteria specified in that division for 1483
imposing an additional prison term are satisfied relative to the 1484
offender and the offense. 1485

       (d) If an offender who is convicted of or pleads guilty to 1486
an offense of violence that is a felony also is convicted of or 1487
pleads guilty to a specification of the type described in section 1488
2941.1411 of the Revised Code that charges the offender with 1489
wearing or carrying body armor while committing the felony offense 1490
of violence, the court shall impose on the offender a prison term 1491
of two years. The prison term so imposed shall not be reduced 1492
pursuant to section 2929.20, section 2967.193, or any other 1493
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 1494
court shall not impose more than one prison term on an offender 1495
under division (D)(1)(d) of this section for felonies committed as 1496
part of the same act or transaction. If a court imposes an 1497
additional prison term under division (D)(1)(a) or (c) of this 1498
section, the court is not precluded from imposing an additional 1499
prison term under division (D)(1)(d) of this section. 1500

       (e) The court shall not impose any of the prison terms 1501
described in division (D)(1)(a) of this section or any of the 1502
additional prison terms described in division (D)(1)(c) of this 1503
section upon an offender for a violation of section 2923.12 or 1504
2923.123 of the Revised Code. The court shall not impose any of 1505
the prison terms described in division (D)(1)(a) of this section 1506
or any of the additional prison terms described in division 1507
(D)(1)(c) of this section upon an offender for a violation of 1508
section 2923.13 of the Revised Code unless all of the following 1509
apply: 1510

       (i) The offender previously has been convicted of aggravated 1511
murder, murder, or any felony of the first or second degree. 1512

       (ii) Less than five years have passed since the offender was 1513
released from prison or post-release control, whichever is later, 1514
for the prior offense. 1515

        (f) If an offender is convicted of or pleads guilty to a 1516
felony that includes, as an essential element, causing or 1517
attempting to cause the death of or physical harm to another and 1518
also is convicted of or pleads guilty to a specification of the 1519
type described in section 2941.1412 of the Revised Code that 1520
charges the offender with committing the offense by discharging a 1521
firearm at a peace officer as defined in section 2935.01 of the 1522
Revised Code or a corrections officer as defined in section 1523
2941.1412 of the Revised Code, the court, after imposing a prison 1524
term on the offender for the felony offense under division (A), 1525
(D)(2), or (D)(3) of this section, shall impose an additional 1526
prison term of seven years upon the offender that shall not be 1527
reduced pursuant to section 2929.20, section 2967.193, or any 1528
other provision of Chapter 2967. or Chapter 5120. of the Revised 1529
Code. A court shall not impose more than one additional prison 1530
term on an offender under division (D)(1)(f) of this section for 1531
felonies committed as part of the same act or transaction. If a 1532
court imposes an additional prison term on an offender under 1533
division (D)(1)(f) of this section relative to an offense, the 1534
court shall not impose a prison term under division (D)(1)(a) or 1535
(c) of this section relative to the same offense. 1536

       (2)(a) If an offender who is convicted of or pleads guilty to 1537
a felony also is convicted of or pleads guilty to a specification 1538
of the type described in section 2941.149 of the Revised Code that 1539
the offender is a repeat violent offender, the court shall impose 1540
a prison term from the range of terms authorized for the offense 1541
under division (A) of this section that may be the longest term in 1542
the range and that shall not be reduced pursuant to section 1543
2929.20, section 2967.193, or any other provision of Chapter 2967. 1544
or Chapter 5120. of the Revised Code. If the court finds that the 1545
repeat violent offender, in committing the offense, caused any 1546
physical harm that carried a substantial risk of death to a person 1547
or that involved substantial permanent incapacity or substantial 1548
permanent disfigurement of a person, the court shall impose the 1549
longest prison term from the range of terms authorized for the 1550
offense under division (A) of this section. 1551

       (b) If the court imposing a prison term on a repeat violent 1552
offender imposes the longest prison term from the range of terms 1553
authorized for the offense under division (A) of this section, the 1554
court may impose on the offender an additional definite prison 1555
term of one, two, three, four, five, six, seven, eight, nine, or 1556
ten years if the court finds that both of the following apply with 1557
respect to the prison terms imposed on the offender pursuant to 1558
division (D)(2)(a) of this section and, if applicable, divisions 1559
(D)(1) and (3) of this section: 1560

       (i) The terms so imposed are inadequate to punish the 1561
offender and protect the public from future crime, because the 1562
applicable factors under section 2929.12 of the Revised Code 1563
indicating a greater likelihood of recidivism outweigh the 1564
applicable factors under that section indicating a lesser 1565
likelihood of recidivism. 1566

       (ii) The terms so imposed are demeaning to the seriousness of 1567
the offense, because one or more of the factors under section 1568
2929.12 of the Revised Code indicating that the offender's conduct 1569
is more serious than conduct normally constituting the offense are 1570
present, and they outweigh the applicable factors under that 1571
section indicating that the offender's conduct is less serious 1572
than conduct normally constituting the offense. 1573

       (3)(a) Except when an offender commits a violation of section 1574
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 1575
the violation is life imprisonment or commits a violation of 1576
section 2903.02 of the Revised Code, if the offender commits a 1577
violation of section 2925.03 or 2925.11 of the Revised Code and 1578
that section classifies the offender as a major drug offender and 1579
requires the imposition of a ten-year prison term on the offender, 1580
if the offender commits a felony violation of section 2925.02, 1581
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 1582
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 1583
division (C) of section 4729.51, or division (J) of section 1584
4729.54 of the Revised Code that includes the sale, offer to sell, 1585
or possession of a schedule I or II controlled substance, with the 1586
exception of marihuana, and the court imposing sentence upon the 1587
offender finds that the offender is guilty of a specification of 1588
the type described in section 2941.1410 of the Revised Code 1589
charging that the offender is a major drug offender, if the court 1590
imposing sentence upon an offender for a felony finds that the 1591
offender is guilty of corrupt activity with the most serious 1592
offense in the pattern of corrupt activity being a felony of the 1593
first degree, or if the offender is guilty of an attempted 1594
violation of section 2907.02 of the Revised Code and, had the 1595
offender completed the violation of section 2907.02 of the Revised 1596
Code that was attempted, the offender would have been subject to a 1597
sentence of life imprisonment or life imprisonment without parole 1598
for the violation of section 2907.02 of the Revised Code, the 1599
court shall impose upon the offender for the felony violation a 1600
ten-year prison term that cannot be reduced pursuant to section 1601
2929.20 or Chapter 2967. or 5120. of the Revised Code. 1602

       (b) The court imposing a prison term on an offender under 1603
division (D)(3)(a) of this section may impose an additional prison 1604
term of one, two, three, four, five, six, seven, eight, nine, or 1605
ten years, if the court, with respect to the term imposed under 1606
division (D)(3)(a) of this section and, if applicable, divisions 1607
(D)(1) and (2) of this section, makes both of the findings set 1608
forth in divisions (D)(2)(b)(i) and (ii) of this section. 1609

       (4) If the offender is being sentenced for a third or fourth 1610
degree felony OVI offense under division (G)(2) of section 2929.13 1611
of the Revised Code, the sentencing court shall impose upon the 1612
offender a mandatory prison term in accordance with that division. 1613
In addition to the mandatory prison term, if the offender is being 1614
sentenced for a fourth degree felony OVI offense, the court, 1615
notwithstanding division (A)(4) of this section, may sentence the 1616
offender to a definite prison term of not less than six months and 1617
not more than thirty months, and if the offender is being 1618
sentenced for a third degree felony OVI offense, the sentencing 1619
court may sentence the offender to an additional prison term of 1620
any duration specified in division (A)(3) of this section. In 1621
either case, the additional prison term imposed shall be reduced 1622
by the sixty or one hundred twenty days imposed upon the offender 1623
as the mandatory prison term. The total of the additional prison 1624
term imposed under division (D)(4) of this section plus the sixty 1625
or one hundred twenty days imposed as the mandatory prison term 1626
shall equal a definite term in the range of six months to thirty 1627
months for a fourth degree felony OVI offense and shall equal one 1628
of the authorized prison terms specified in division (A)(3) of 1629
this section for a third degree felony OVI offense. If the court 1630
imposes an additional prison term under division (D)(4) of this 1631
section, the offender shall serve the additional prison term after 1632
the offender has served the mandatory prison term required for the 1633
offense. In addition to the mandatory prison term or mandatory and 1634
additional prison term imposed as described in division (D)(4) of 1635
this section, the court also may sentence the offender to a 1636
community control sanction under section 2929.16 or 2929.17 of the 1637
Revised Code, but the offender shall serve all of the prison terms 1638
so imposed prior to serving the community control sanction. 1639

        If the offender is being sentenced for a fourth degree felony 1640
OVI offense under division (G)(1) of section 2929.13 of the 1641
Revised Code and the court imposes a mandatory term of local 1642
incarceration, the court may impose a prison term as described in 1643
division (A)(1) of that section. 1644

       (5) If an offender is convicted of or pleads guilty to a 1645
violation of division (A)(1) or (2) of section 2903.06 of the 1646
Revised Code and also is convicted of or pleads guilty to a 1647
specification of the type described in section 2941.1414 of the 1648
Revised Code that charges that the victim of the offense is a 1649
peace officer, as defined in section 2935.01 of the Revised Code, 1650
the court shall impose on the offender a prison term of five 1651
years. If a court imposes a prison term on an offender under 1652
division (D)(5) of this section, the prison term shall not be 1653
reduced pursuant to section 2929.20, section 2967.193, or any 1654
other provision of Chapter 2967. or Chapter 5120. of the Revised 1655
Code. A court shall not impose more than one prison term on an 1656
offender under division (D)(5) of this section for felonies 1657
committed as part of the same act. 1658

        (6) If an offender is convicted of or pleads guilty to a 1659
violation of division (A)(1) or (2) of section 2903.06 of the 1660
Revised Code and also is convicted of or pleads guilty to a 1661
specification of the type described in section 2941.1415 of the 1662
Revised Code that charges that the offender previously has been 1663
convicted of or pleaded guilty to three or more violations of 1664
division (A) or (B) of section 4511.19 of the Revised Code or an 1665
equivalent offense, as defined in section 2941.1415 of the Revised 1666
Code, or three or more violations of any combination of those 1667
divisions and offenses, the court shall impose on the offender a 1668
prison term of three years. If a court imposes a prison term on an 1669
offender under division (D)(6) of this section, the prison term 1670
shall not be reduced pursuant to section 2929.20, section 1671
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 1672
of the Revised Code. A court shall not impose more than one prison 1673
term on an offender under division (D)(6) of this section for 1674
felonies committed as part of the same act. 1675

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 1676
mandatory prison term is imposed upon an offender pursuant to 1677
division (D)(1)(a) of this section for having a firearm on or 1678
about the offender's person or under the offender's control while 1679
committing a felony, if a mandatory prison term is imposed upon an 1680
offender pursuant to division (D)(1)(c) of this section for 1681
committing a felony specified in that division by discharging a 1682
firearm from a motor vehicle, or if both types of mandatory prison 1683
terms are imposed, the offender shall serve any mandatory prison 1684
term imposed under either division consecutively to any other 1685
mandatory prison term imposed under either division or under 1686
division (D)(1)(d) of this section, consecutively to and prior to 1687
any prison term imposed for the underlying felony pursuant to 1688
division (A), (D)(2), or (D)(3) of this section or any other 1689
section of the Revised Code, and consecutively to any other prison 1690
term or mandatory prison term previously or subsequently imposed 1691
upon the offender. 1692

       (b) If a mandatory prison term is imposed upon an offender 1693
pursuant to division (D)(1)(d) of this section for wearing or 1694
carrying body armor while committing an offense of violence that 1695
is a felony, the offender shall serve the mandatory term so 1696
imposed consecutively to any other mandatory prison term imposed 1697
under that division or under division (D)(1)(a) or (c) of this 1698
section, consecutively to and prior to any prison term imposed for 1699
the underlying felony under division (A), (D)(2), or (D)(3) of 1700
this section or any other section of the Revised Code, and 1701
consecutively to any other prison term or mandatory prison term 1702
previously or subsequently imposed upon the offender. 1703

       (c) If a mandatory prison term is imposed upon an offender 1704
pursuant to division (D)(1)(f) of this section, the offender shall 1705
serve the mandatory prison term so imposed consecutively to and 1706
prior to any prison term imposed for the underlying felony under 1707
division (A), (D)(2), or (D)(3) of this section or any other 1708
section of the Revised Code, and consecutively to any other prison 1709
term or mandatory prison term previously or subsequently imposed 1710
upon the offender. 1711

       (2) If an offender who is an inmate in a jail, prison, or 1712
other residential detention facility violates section 2917.02, 1713
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 1714
who is under detention at a detention facility commits a felony 1715
violation of section 2923.131 of the Revised Code, or if an 1716
offender who is an inmate in a jail, prison, or other residential 1717
detention facility or is under detention at a detention facility 1718
commits another felony while the offender is an escapee in 1719
violation of section 2921.34 of the Revised Code, any prison term 1720
imposed upon the offender for one of those violations shall be 1721
served by the offender consecutively to the prison term or term of 1722
imprisonment the offender was serving when the offender committed 1723
that offense and to any other prison term previously or 1724
subsequently imposed upon the offender. 1725

       (3) If a prison term is imposed for a violation of division 1726
(B) of section 2911.01 of the Revised Code, a violation of 1727
division (A) of section 2913.02 of the Revised Code in which the 1728
stolen property is a firearm or dangerous ordnance, or a felony 1729
violation of division (B) of section 2921.331 of the Revised Code, 1730
the offender shall serve that prison term consecutively to any 1731
other prison term or mandatory prison term previously or 1732
subsequently imposed upon the offender. 1733

       (4) If multiple prison terms are imposed on an offender for 1734
convictions of multiple offenses, the court may require the 1735
offender to serve the prison terms consecutively if the court 1736
finds that the consecutive service is necessary to protect the 1737
public from future crime or to punish the offender and that 1738
consecutive sentences are not disproportionate to the seriousness 1739
of the offender's conduct and to the danger the offender poses to 1740
the public, and if the court also finds any of the following: 1741

       (a) The offender committed one or more of the multiple 1742
offenses while the offender was awaiting trial or sentencing, was 1743
under a sanction imposed pursuant to section 2929.16, 2929.17, or 1744
2929.18 of the Revised Code, or was under post-release control for 1745
a prior offense. 1746

       (b) At least two of the multiple offenses were committed as 1747
part of one or more courses of conduct, and the harm caused by two 1748
or more of the multiple offenses so committed was so great or 1749
unusual that no single prison term for any of the offenses 1750
committed as part of any of the courses of conduct adequately 1751
reflects the seriousness of the offender's conduct. 1752

       (c) The offender's history of criminal conduct demonstrates 1753
that consecutive sentences are necessary to protect the public 1754
from future crime by the offender. 1755

       (5) If a mandatory prison term is imposed upon an offender 1756
pursuant to division (D)(5) or (6) of this section, the offender 1757
shall serve the mandatory prison term consecutively to and prior 1758
to any prison term imposed for the underlying violation of 1759
division (A)(1) or (2) of section 2903.06 of the Revised Code 1760
pursuant to division (A) of this section. If a mandatory prison 1761
term is imposed upon an offender pursuant to division (D)(5) of 1762
this section, and if a mandatory prison term also is imposed upon 1763
the offender pursuant to division (D)(6) of this section in 1764
relation to the same violation, the offender shall serve the 1765
mandatory prison term imposed pursuant to division (D)(5) of this 1766
section consecutively to and prior to the mandatory prison term 1767
imposed pursuant to division (D)(6) of this section and 1768
consecutively to and prior to any prison term imposed for the 1769
underlying violation of division (A)(1) or (2) of section 2903.06 1770
of the Revised Code pursuant to division (A) of this section. 1771

       (6) When consecutive prison terms are imposed pursuant to 1772
division (E)(1), (2), (3), (4), or (5) of this section, the term 1773
to be served is the aggregate of all of the terms so imposed. 1774

       (F) If a court imposes a prison term of a type described in 1775
division (B) of section 2967.28 of the Revised Code, it shall 1776
include in the sentence a requirement that the offender be subject 1777
to a period of post-release control after the offender's release 1778
from imprisonment, in accordance with that division. If a court 1779
imposes a prison term of a type described in division (C) of that 1780
section, it shall include in the sentence a requirement that the 1781
offender be subject to a period of post-release control after the 1782
offender's release from imprisonment, in accordance with that 1783
division, if the parole board determines that a period of 1784
post-release control is necessary. 1785

       (G) If a person is convicted of or pleads guilty to a violent 1786
sex offense or a designated homicide, assault, or kidnapping 1787
offense and, in relation to that offense, the offender is 1788
adjudicated a sexually violent predator, or if a person is 1789
convicted of or pleads guilty to a violation of division (A)(1)(b) 1790
or (A)(2) of section 2907.02 or division (A)(4) of section 2907.05 1791
of the Revised Code committed on or after the effective date of 1792
this amendment and the court does not impose a sentence of life 1793
without parole when authorized pursuant to division (B) of section 1794
2907.02 of the Revised Code, the court shall impose sentence upon 1795
the offender in accordance with section 2971.03 of the Revised 1796
Code, and Chapter 2971. of the Revised Code applies regarding the 1797
prison term or term of life imprisonment without parole imposed 1798
upon the offender and the service of that term of imprisonment. 1799

       (H) If a person who has been convicted of or pleaded guilty 1800
to a felony is sentenced to a prison term or term of imprisonment 1801
under this section, sections 2929.02 to 2929.06 of the Revised 1802
Code, section 2971.03 of the Revised Code, or any other provision 1803
of law, section 5120.163 of the Revised Code applies regarding the 1804
person while the person is confined in a state correctional 1805
institution. 1806

       (I) If an offender who is convicted of or pleads guilty to a 1807
felony that is an offense of violence also is convicted of or 1808
pleads guilty to a specification of the type described in section 1809
2941.142 of the Revised Code that charges the offender with having 1810
committed the felony while participating in a criminal gang, the 1811
court shall impose upon the offender an additional prison term of 1812
one, two, or three years. 1813

       (J) If an offender who is convicted of or pleads guilty to 1814
aggravated murder, murder, or a felony of the first, second, or 1815
third degree that is an offense of violence also is convicted of 1816
or pleads guilty to a specification of the type described in 1817
section 2941.143 of the Revised Code that charges the offender 1818
with having committed the offense in a school safety zone or 1819
towards a person in a school safety zone, the court shall impose 1820
upon the offender an additional prison term of two years. The 1821
offender shall serve the additional two years consecutively to and 1822
prior to the prison term imposed for the underlying offense. 1823

       (K) At the time of sentencing, the court may recommend the 1824
offender for placement in a program of shock incarceration under 1825
section 5120.031 of the Revised Code or for placement in an 1826
intensive program prison under section 5120.032 of the Revised 1827
Code, disapprove placement of the offender in a program of shock 1828
incarceration or an intensive program prison of that nature, or 1829
make no recommendation on placement of the offender. In no case 1830
shall the department of rehabilitation and correction place the 1831
offender in a program or prison of that nature unless the 1832
department determines as specified in section 5120.031 or 5120.032 1833
of the Revised Code, whichever is applicable, that the offender is 1834
eligible for the placement. 1835

       If the court disapproves placement of the offender in a 1836
program or prison of that nature, the department of rehabilitation 1837
and correction shall not place the offender in any program of 1838
shock incarceration or intensive program prison. 1839

       If the court recommends placement of the offender in a 1840
program of shock incarceration or in an intensive program prison, 1841
and if the offender is subsequently placed in the recommended 1842
program or prison, the department shall notify the court of the 1843
placement and shall include with the notice a brief description of 1844
the placement. 1845

       If the court recommends placement of the offender in a 1846
program of shock incarceration or in an intensive program prison 1847
and the department does not subsequently place the offender in the 1848
recommended program or prison, the department shall send a notice 1849
to the court indicating why the offender was not placed in the 1850
recommended program or prison. 1851

       If the court does not make a recommendation under this 1852
division with respect to an offender and if the department 1853
determines as specified in section 5120.031 or 5120.032 of the 1854
Revised Code, whichever is applicable, that the offender is 1855
eligible for placement in a program or prison of that nature, the 1856
department shall screen the offender and determine if there is an 1857
available program of shock incarceration or an intensive program 1858
prison for which the offender is suited. If there is an available 1859
program of shock incarceration or an intensive program prison for 1860
which the offender is suited, the department shall notify the 1861
court of the proposed placement of the offender as specified in 1862
section 5120.031 or 5120.032 of the Revised Code and shall include 1863
with the notice a brief description of the placement. The court 1864
shall have ten days from receipt of the notice to disapprove the 1865
placement. 1866

       Sec. 2929.19. (A)(1) The court shall hold a sentencing 1867
hearing before imposing a sentence under this chapter upon an 1868
offender who was convicted of or pleaded guilty to a felony and 1869
before resentencing an offender who was convicted of or pleaded 1870
guilty to a felony and whose case was remanded pursuant to section 1871
2953.07 or 2953.08 of the Revised Code. At the hearing, the 1872
offender, the prosecuting attorney, the victim or the victim's 1873
representative in accordance with section 2930.14 of the Revised 1874
Code, and, with the approval of the court, any other person may 1875
present information relevant to the imposition of sentence in the 1876
case. The court shall inform the offender of the verdict of the 1877
jury or finding of the court and ask the offender whether the 1878
offender has anything to say as to why sentence should not be 1879
imposed upon the offender. 1880

       (2) Except as otherwise provided in this division, before 1881
imposing sentence on an offender who is being sentenced on or 1882
after January 1, 1997, for a sexually oriented offense that is not 1883
a registration-exempt sexually oriented offense and who is in any 1884
category of offender described in division (B)(1)(a)(i), (ii), or 1885
(iii) of section 2950.09 of the Revised Code, the court shall 1886
conduct a hearing in accordance with division (B) of section 1887
2950.09 of the Revised Code to determine whether the offender is a 1888
sexual predator. The court shall not conduct a hearing under that 1889
division if the offender is being sentenced for a violent sex 1890
offense or a designated homicide, assault, or kidnapping offense 1891
and, in relation to that offense, the offender was adjudicated a 1892
sexually violent predator or if the offender is being sentenced 1893
for a violation of division (A)(1)(b) or (A)(2) of section 2907.02 1894
or division (A)(4) of section 2907.05 of the Revised Code that the 1895
offender committed on or after the effective date of this 1896
amendment. Before imposing sentence on an offender who is being 1897
sentenced for a sexually oriented offense that is not a 1898
registration-exempt sexually oriented offense, the court also 1899
shall comply with division (E) of section 2950.09 of the Revised 1900
Code. 1901

       Before imposing sentence on or after July 31, 2003, on an 1902
offender who is being sentenced for a child-victim oriented 1903
offense, regardless of when the offense was committed, the court 1904
shall conduct a hearing in accordance with division (B) of section 1905
2950.091 of the Revised Code to determine whether the offender is 1906
a child-victim predator. Before imposing sentence on an offender 1907
who is being sentenced for a child-victim oriented offense, the 1908
court also shall comply with division (E) of section 2950.091 of 1909
the Revised Code. 1910

       (B)(1) At the sentencing hearing, the court, before imposing 1911
sentence, shall consider the record, any information presented at 1912
the hearing by any person pursuant to division (A) of this 1913
section, and, if one was prepared, the presentence investigation 1914
report made pursuant to section 2951.03 of the Revised Code or 1915
Criminal Rule 32.2, and any victim impact statement made pursuant 1916
to section 2947.051 of the Revised Code. 1917

       (2) The court shall impose a sentence and shall make a 1918
finding that gives its reasons for selecting the sentence imposed 1919
in any of the following circumstances: 1920

       (a) Unless the offense is a violent sex offense or designated 1921
homicide, assault, or kidnapping offense for which the court is 1922
required to impose sentence pursuant to division (G) of section 1923
2929.14 of the Revised Code, if it imposes a prison term for a 1924
felony of the fourth or fifth degree or for a felony drug offense 1925
that is a violation of a provision of Chapter 2925. of the Revised 1926
Code and that is specified as being subject to division (B) of 1927
section 2929.13 of the Revised Code for purposes of sentencing, 1928
its reasons for imposing the prison term, based upon the 1929
overriding purposes and principles of felony sentencing set forth 1930
in section 2929.11 of the Revised Code, and any factors listed in 1931
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 1932
that it found to apply relative to the offender. 1933

       (b) If it does not impose a prison term for a felony of the 1934
first or second degree or for a felony drug offense that is a 1935
violation of a provision of Chapter 2925. of the Revised Code and 1936
for which a presumption in favor of a prison term is specified as 1937
being applicable, its reasons for not imposing the prison term and 1938
for overriding the presumption, based upon the overriding purposes 1939
and principles of felony sentencing set forth in section 2929.11 1940
of the Revised Code, and the basis of the findings it made under 1941
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. 1942

       (c) If it imposes consecutive sentences under section 2929.14 1943
of the Revised Code, its reasons for imposing the consecutive 1944
sentences; 1945

       (d) If the sentence is for one offense and it imposes a 1946
prison term for the offense that is the maximum prison term 1947
allowed for that offense by division (A) of section 2929.14 of the 1948
Revised Code, its reasons for imposing the maximum prison term; 1949

       (e) If the sentence is for two or more offenses arising out 1950
of a single incident and it imposes a prison term for those 1951
offenses that is the maximum prison term allowed for the offense 1952
of the highest degree by division (A) of section 2929.14 of the 1953
Revised Code, its reasons for imposing the maximum prison term. 1954

       (3) Subject to division (B)(4) of this section, if the 1955
sentencing court determines at the sentencing hearing that a 1956
prison term is necessary or required, the court shall do all of 1957
the following: 1958

       (a) Impose a stated prison term; 1959

       (b) Notify the offender that, as part of the sentence, the 1960
parole board may extend the stated prison term for certain 1961
violations of prison rules for up to one-half of the stated prison 1962
term; 1963

       (c) Notify the offender that the offender will be supervised 1964
under section 2967.28 of the Revised Code after the offender 1965
leaves prison if the offender is being sentenced for a felony of 1966
the first degree or second degree, for a felony sex offense, or 1967
for a felony of the third degree in the commission of which the 1968
offender caused or threatened to cause physical harm to a person; 1969

       (d) Notify the offender that the offender may be supervised 1970
under section 2967.28 of the Revised Code after the offender 1971
leaves prison if the offender is being sentenced for a felony of 1972
the third, fourth, or fifth degree that is not subject to division 1973
(B)(3)(c) of this section; 1974

       (e) Notify the offender that, if a period of supervision is 1975
imposed following the offender's release from prison, as described 1976
in division (B)(3)(c) or (d) of this section, and if the offender 1977
violates that supervision or a condition of post-release control 1978
imposed under division (B) of section 2967.131 of the Revised 1979
Code, the parole board may impose a prison term, as part of the 1980
sentence, of up to one-half of the stated prison term originally 1981
imposed upon the offender; 1982

       (f) Require that the offender not ingest or be injected with 1983
a drug of abuse and submit to random drug testing as provided in 1984
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever 1985
is applicable to the offender who is serving a prison term, and 1986
require that the results of the drug test administered under any 1987
of those sections indicate that the offender did not ingest or was 1988
not injected with a drug of abuse. 1989

       (4) If the offender is being sentenced for a violent sex 1990
offense or designated homicide, assault, or kidnapping offense 1991
that the offender committed on or after January 1, 1997, and the 1992
offender is adjudicated a sexually violent predator in relation to 1993
that offense, if the offender is being sentenced for a sexually 1994
oriented offense that is not a registration-exempt sexually 1995
oriented offense and that the offender committed on or after 1996
January 1, 1997, and the court imposing the sentence has 1997
determined pursuant to division (B) of section 2950.09 of the 1998
Revised Code that the offender is a sexual predator, if the 1999
offender is being sentenced on or after July 31, 2003, for a 2000
child-victim oriented offense and the court imposing the sentence 2001
has determined pursuant to division (B) of section 2950.091 of the 2002
Revised Code that the offender is a child-victim predator, or if 2003
the offender is being sentenced for an aggravated sexually 2004
oriented offense as defined in section 2950.01 of the Revised 2005
Code, or if the offender is being sentenced for a violation of 2006
division (A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) 2007
of section 2907.05 of the Revised Code that the offender committed 2008
on or after the effective date of this amendment, the court shall 2009
include in the offender's sentence a statement that the offender 2010
has been adjudicated a sexual predator, has been adjudicated a 2011
child victim predator, or has been convicted of or pleaded guilty 2012
to an aggravated sexually oriented offense, whichever is 2013
applicable, and shall comply with the requirements of section 2014
2950.03 of the Revised Code. Additionally, in the circumstances 2015
described in division (G) of section 2929.14 of the Revised Code, 2016
the court shall impose sentence on the offender as described in 2017
that division. 2018

       (5) If the sentencing court determines at the sentencing 2019
hearing that a community control sanction should be imposed and 2020
the court is not prohibited from imposing a community control 2021
sanction, the court shall impose a community control sanction. The 2022
court shall notify the offender that, if the conditions of the 2023
sanction are violated, if the offender commits a violation of any 2024
law, or if the offender leaves this state without the permission 2025
of the court or the offender's probation officer, the court may 2026
impose a longer time under the same sanction, may impose a more 2027
restrictive sanction, or may impose a prison term on the offender 2028
and shall indicate the specific prison term that may be imposed as 2029
a sanction for the violation, as selected by the court from the 2030
range of prison terms for the offense pursuant to section 2929.14 2031
of the Revised Code. 2032

       (6) Before imposing a financial sanction under section 2033
2929.18 of the Revised Code or a fine under section 2929.32 of the 2034
Revised Code, the court shall consider the offender's present and 2035
future ability to pay the amount of the sanction or fine. 2036

       (7) If the sentencing court sentences the offender to a 2037
sanction of confinement pursuant to section 2929.14 or 2929.16 of 2038
the Revised Code that is to be served in a local detention 2039
facility, as defined in section 2929.36 of the Revised Code, and 2040
if the local detention facility is covered by a policy adopted 2041
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 2042
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 2043
and section 2929.37 of the Revised Code, both of the following 2044
apply: 2045

       (a) The court shall specify both of the following as part of 2046
the sentence: 2047

       (i) If the offender is presented with an itemized bill 2048
pursuant to section 2929.37 of the Revised Code for payment of the 2049
costs of confinement, the offender is required to pay the bill in 2050
accordance with that section. 2051

       (ii) If the offender does not dispute the bill described in 2052
division (B)(7)(a)(i) of this section and does not pay the bill by 2053
the times specified in section 2929.37 of the Revised Code, the 2054
clerk of the court may issue a certificate of judgment against the 2055
offender as described in that section. 2056

       (b) The sentence automatically includes any certificate of 2057
judgment issued as described in division (B)(7)(a)(ii) of this 2058
section. 2059

       (C)(1) If the offender is being sentenced for a fourth degree 2060
felony OVI offense under division (G)(1) of section 2929.13 of the 2061
Revised Code, the court shall impose the mandatory term of local 2062
incarceration in accordance with that division, shall impose a 2063
mandatory fine in accordance with division (B)(3) of section 2064
2929.18 of the Revised Code, and, in addition, may impose 2065
additional sanctions as specified in sections 2929.15, 2929.16, 2066
2929.17, and 2929.18 of the Revised Code. The court shall not 2067
impose a prison term on the offender except that the court may 2068
impose a prison term upon the offender as provided in division 2069
(A)(1) of section 2929.13 of the Revised Code. 2070

       (2) If the offender is being sentenced for a third or fourth 2071
degree felony OVI offense under division (G)(2) of section 2929.13 2072
of the Revised Code, the court shall impose the mandatory prison 2073
term in accordance with that division, shall impose a mandatory 2074
fine in accordance with division (B)(3) of section 2929.18 of the 2075
Revised Code, and, in addition, may impose an additional prison 2076
term as specified in section 2929.14 of the Revised Code. In 2077
addition to the mandatory prison term or mandatory prison term and 2078
additional prison term the court imposes, the court also may 2079
impose a community control sanction on the offender, but the 2080
offender shall serve all of the prison terms so imposed prior to 2081
serving the community control sanction. 2082

       (D) The sentencing court, pursuant to division (K) of section 2083
2929.14 of the Revised Code, may recommend placement of the 2084
offender in a program of shock incarceration under section 2085
5120.031 of the Revised Code or an intensive program prison under 2086
section 5120.032 of the Revised Code, disapprove placement of the 2087
offender in a program or prison of that nature, or make no 2088
recommendation. If the court recommends or disapproves placement, 2089
it shall make a finding that gives its reasons for its 2090
recommendation or disapproval. 2091

       Sec. 2930.16. (A) If a defendant is incarcerated, a victim 2092
in a case who has requested to receive notice under this section 2093
shall be given notice of the incarceration of the defendant. If an 2094
alleged juvenile offender is committed to the temporary custody of 2095
a school, camp, institution, or other facility operated for the 2096
care of delinquent children or to the legal custody of the 2097
department of youth services, a victim in a case who has requested 2098
to receive notice under this section shall be given notice of the 2099
commitment. Promptly after sentence is imposed upon the defendant 2100
or the commitment of the alleged juvenile offender is ordered, the 2101
prosecutor in the case shall notify the victim of the date on 2102
which the defendant will be released from confinement or the 2103
prosecutor's reasonable estimate of that date or the date on which 2104
the alleged juvenile offender will have served the minimum period 2105
of commitment or the prosecutor's reasonable estimate of that 2106
date. The prosecutor also shall notify the victim of the name of 2107
the custodial agency of the defendant or alleged juvenile offender 2108
and tell the victim how to contact that custodial agency. If the 2109
custodial agency is the department of rehabilitation and 2110
correction, the prosecutor shall notify the victim of the services 2111
offered by the office of victims' services pursuant to section 2112
5120.60 of the Revised Code. If the custodial agency is the 2113
department of youth services, the prosecutor shall notify the 2114
victim of the services provided by the office of victims' services 2115
within the release authority of the department pursuant to section 2116
5139.55 of the Revised Code and the victim's right pursuant to 2117
section 5139.56 of the Revised Code to submit a written request to 2118
the release authority to be notified of actions the release 2119
authority takes with respect to the alleged juvenile offender. The 2120
victim shall keep the custodial agency informed of the victim's 2121
current address and telephone number. 2122

       (B)(1) Upon the victim's request, the prosecutor promptly 2123
shall notify the victim of any hearing for judicial release of the 2124
defendant pursuant to section 2929.20 of the Revised Code or of 2125
any hearing for judicial release or early release of the alleged 2126
juvenile offender pursuant to section 2151.38 of the Revised Code 2127
and of the victim's right to make a statement under those 2128
sections. The court shall notify the victim of its ruling in each 2129
of those hearings and on each of those applications. 2130

       (2) If an offender is convicted of or pleads guilty to a 2131
violent sex offense or designated homicide, assault, or kidnapping 2132
offense, if the offender is adjudicated a sexually violent 2133
predator in relation to that crime, and if the offender is 2134
sentenced to a prison term for that crime pursuant to division 2135
(A)(3) of section 2971.03 of the Revised Code or if an offender is 2136
convicted of or pleads guilty to a violation of division (A)(1)(b) 2137
or (A)(2) of section 2907.02 or division (A)(4) of section 2907.05 2138
of the Revised Code committed on or after the effective date of 2139
this amendment and the offender is sentenced to a prison term for 2140
that offense pursuant to division (B) of section 2971.03 of the 2141
Revised Code, upon the request of the victim of the crime, the 2142
prosecutor promptly shall notify the victim of any hearing to be 2143
conducted pursuant to section 2971.05 of the Revised Code to 2144
determine whether to modify the requirement that the offender 2145
serve the entire prison term in a state correctional facility in 2146
accordance with division (C) of that section, whether to continue, 2147
revise, or revoke any existing modification of that requirement, 2148
or whether to terminate the prison term in accordance with 2149
division (D) of that section. The court shall notify the victim of 2150
any order issued at the conclusion of the hearing. As used in 2151
this division: 2152

       (a) "Adjudicated a sexually violent predator" has the same 2153
meaning as in section 2929.01 of the Revised Code and a person is 2154
"adjudicated a sexually violent predator" in the same manner and 2155
the same circumstances as are described in that section. 2156

       (b) "Designated homicide, assault, or kidnapping offense" and 2157
"violent sex offense" have the same meanings as in section 2971.01 2158
of the Revised Code. 2159

       (C) Upon the victim's request made at any time before the 2160
particular notice would be due, the custodial agency of a 2161
defendant or alleged juvenile offender shall give the victim any 2162
of the following notices that is applicable: 2163

       (1) At least three weeks before the adult parole authority 2164
recommends a pardon or commutation of sentence for the defendant 2165
or at least three weeks prior to a hearing before the adult parole 2166
authority regarding a grant of parole to the defendant, notice of 2167
the victim's right to submit a statement regarding the impact of 2168
the defendant's release in accordance with section 2967.12 of the 2169
Revised Code and, if applicable, of the victim's right to appear 2170
at a full board hearing of the parole board to give testimony as 2171
authorized by section 5149.101 of the Revised Code; 2172

       (2) At least three weeks before the defendant is transferred 2173
to transitional control under section 2967.26 of the Revised Code, 2174
notice of the pendency of the transfer and of the victim's right 2175
under that section to submit a statement regarding the impact of 2176
the transfer; 2177

       (3) At least thirty days before the release authority of the 2178
department of youth services holds a release review, release 2179
hearing, or discharge review for the alleged juvenile offender, 2180
notice of the pendency of the review or hearing, of the victim's 2181
right to make an oral or written statement regarding the impact of 2182
the crime upon the victim or regarding the possible release or 2183
discharge, and, if the notice pertains to a hearing, of the 2184
victim's right to attend and make statements or comments at the 2185
hearing as authorized by section 5139.56 of the Revised Code; 2186

       (4) Prompt notice of the defendant's or alleged juvenile 2187
offender's escape from a facility of the custodial agency in which 2188
the defendant was incarcerated or in which the alleged juvenile 2189
offender was placed after commitment, of the defendant's or 2190
alleged juvenile offender's absence without leave from a mental 2191
health or mental retardation and developmental disabilities 2192
facility or from other custody, and of the capture of the 2193
defendant or alleged juvenile offender after an escape or absence; 2194

       (5) Notice of the defendant's or alleged juvenile offender's 2195
death while in confinement or custody; 2196

       (6) Notice of the defendant's or alleged juvenile offender's 2197
release from confinement or custody and the terms and conditions 2198
of the release. 2199

       Sec. 2941.148. (A)(1) The application of Chapter 2971. of 2200
the Revised Code to an offender is precluded unless ~~the~~one of the 2201
following applies: 2202

       (a) The offender is charged with a violent sex offense, and 2203
the indictment, count in the indictment, or information charging 2204
the violent sex offense also includes a specification that the 2205
offender is a sexually violent predator, or the offender is 2206
charged with a designated homicide, assault, or kidnapping 2207
offense, and the indictment, count in the indictment, or 2208
information charging the designated homicide, assault, or 2209
kidnapping offense also includes both a specification of the type 2210
described in section 2941.147 of the Revised Code and a 2211
specification that the offender is a sexually violent predator. 2212
~~The~~ 2213

       (b) The offender is convicted of or pleads guilty to a 2214
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 2215
division (A)(4) of section 2907.05 of the Revised Code committed 2216
on or after the effective date of this amendment. 2217

       (2) A specification required under division (A)(1)(a) of this 2218
section that ~~the~~an offender is a sexually violent predator shall 2219
be stated at the end of the body of the indictment, count, or 2220
information and shall be stated in substantially the following 2221
form: 2222

       "Specification (or, specification to the first count). The 2223
grand jury (or insert the person's or prosecuting attorney's name 2224
when appropriate) further find and specify that the offender is a 2225
sexually violent predator." 2226

       (B) In determining for purposes of this section whether a 2227
person is a sexually violent predator, all of the factors set 2228
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 2229
Code that apply regarding the person may be considered as evidence 2230
tending to indicate that it is likely that the person will engage 2231
in the future in one or more sexually violent offenses. 2232

       (C) As used in this section, "designated homicide, assault, 2233
or kidnapping offense," "violent sex offense," and "sexually 2234
violent predator" have the same meanings as in section 2971.01 of 2235
the Revised Code. 2236

       Sec. 2950.01. As used in this chapter, unless the context 2237
clearly requires otherwise: 2238

       (A) "Confinement" includes, but is not limited to, a 2239
community residential sanction imposed pursuant to section 2929.16 2240
or 2929.26 of the Revised Code. 2241

       (B) "Habitual sex offender" means, except when a juvenile 2242
judge removes this classification pursuant to division (A)(2) of 2243
section 2152.84 or division (C)(2) of section 2152.85 of the 2244
Revised Code, a person to whom both of the following apply: 2245

       (1) The person is convicted of or pleads guilty to a sexually 2246
oriented offense that is not a registration-exempt sexually 2247
oriented offense, or the person is adjudicated a delinquent child 2248
for committing on or after January 1, 2002, a sexually oriented 2249
offense that is not a registration-exempt sexually oriented 2250
offense, was fourteen years of age or older at the time of 2251
committing the offense, and is classified a juvenile sex offender 2252
registrant based on that adjudication. 2253

       (2) One of the following applies to the person: 2254

       (a) Regarding a person who is an offender, the person 2255
previously was convicted of or pleaded guilty to one or more 2256
sexually oriented offenses or child-victim oriented offenses or 2257
previously was adjudicated a delinquent child for committing one 2258
or more sexually oriented offenses or child-victim oriented 2259
offenses and was classified a juvenile offender registrant or 2260
out-of-state juvenile offender registrant based on one or more of 2261
those adjudications, regardless of when the offense was committed 2262
and regardless of the person's age at the time of committing the 2263
offense. 2264

       (b) Regarding a delinquent child, the person previously was 2265
convicted of, pleaded guilty to, or was adjudicated a delinquent 2266
child for committing one or more sexually oriented offenses or 2267
child-victim oriented offenses, regardless of when the offense was 2268
committed and regardless of the person's age at the time of 2269
committing the offense. 2270

       (C) "Prosecutor" has the same meaning as in section 2935.01 2271
of the Revised Code. 2272

       (D) "Sexually oriented offense" means any of the following: 2273

       (1) Any of the following violations or offenses committed by 2274
a person eighteen years of age or older: 2275

       (a) Regardless of the age of the victim of the offense, a 2276
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the 2277
Revised Code; 2278

       (b) Any of the following offenses involving a minor, in the 2279
circumstances specified: 2280

       (i) A violation of division (A)(4) of section 2905.01 or 2281
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the 2282
victim of the offense is under eighteen years of age; 2283

       (ii) A violation of section 2907.21 of the Revised Code when 2284
the person who is compelled, induced, procured, encouraged, 2285
solicited, requested, or facilitated to engage in, paid or agreed 2286
to be paid for, or allowed to engage in the sexual activity in 2287
question is under eighteen years of age; 2288

       (iii) A violation of division (A)(1) or (3) of section 2289
2907.321 or 2907.322 of the Revised Code; 2290

       (iv) A violation of division (A)(1) or (2) of section 2291
2907.323 of the Revised Code; 2292

       (v) A violation of division (B)(5) of section 2919.22 of the 2293
Revised Code when the child who is involved in the offense is 2294
under eighteen years of age; 2295

       (vi) A violation of division (A)(1), (2), (3), or (5) of 2296
section 2905.01, of section 2903.211, 2905.02, 2905.03, or 2297
2905.05, or of former section 2905.04 of the Revised Code, when 2298
the victim of the offense is under eighteen years of age and the 2299
offense is committed with a sexual motivation. 2300

       (c) Regardless of the age of the victim of the offense, a 2301
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 2302
Revised Code, or of division (A) of section 2903.04 of the Revised 2303
Code, that is committed with a sexual motivation; 2304

       (d) A violent sex offense, or a designated homicide, assault, 2305
or kidnapping offense if the offender also was convicted of or 2306
pleaded guilty to a sexual motivation specification that was 2307
included in the indictment, count in the indictment, or 2308
information charging the designated homicide, assault, or 2309
kidnapping offense; 2310

       (e) A violation of section 2907.06 or 2907.08 of the Revised 2311
Code when the victim of the offense is eighteen years of age or 2312
older, or a violation of section 2903.211 of the Revised Code when 2313
the victim of the offense is eighteen years of age or older and 2314
the offense is committed with a sexual motivation; 2315

       (f) A violation of any former law of this state, any existing 2316
or former municipal ordinance or law of another state or the 2317
United States, any existing or former law applicable in a military 2318
court or in an Indian tribal court, or any existing or former law 2319
of any nation other than the United States, that is or was 2320
substantially equivalent to any offense listed in division 2321
(D)(1)(a), (b), (c), (d), or (e) of this section; 2322

       (g) An attempt to commit, conspiracy to commit, or complicity 2323
in committing any offense listed in division (D)(1)(a), (b), (c), 2324
(d), (e), or (f) of this section. 2325

       (2) An act committed by a person under eighteen years of age 2326
that is any of the following: 2327

       (a) Subject to division (D)(2)(i) of this section, regardless 2328
of the age of the victim of the violation, a violation of section 2329
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code; 2330

       (b) Subject to division (D)(2)(i) of this section, any of the 2331
following acts involving a minor in the circumstances specified: 2332

       (i) A violation of division (A)(4) of section 2905.01 or 2333
section 2907.06 or 2907.08 of the Revised Code, when the victim 2334
of the violation is under eighteen years of age; 2335

       (ii) A violation of section 2907.21 of the Revised Code when 2336
the person who is compelled, induced, procured, encouraged, 2337
solicited, requested, or facilitated to engage in, paid or agreed 2338
to be paid for, or allowed to engage in the sexual activity in 2339
question is under eighteen years of age; 2340

       (iii) A violation of division (B)(5) of section 2919.22 of 2341
the Revised Code when the child who is involved in the violation 2342
is under eighteen years of age; 2343

       (iv) A violation of division (A)(1), (2), (3), or (5) of 2344
section 2905.01, section 2903.211, or former section 2905.04 of 2345
the Revised Code, when the victim of the violation is under 2346
eighteen years of age and the offense is committed with a sexual 2347
motivation. 2348

       (c) Subject to division (D)(2)(i) of this section, any of the 2349
following: 2350

       (i) Any violent sex offense that, if committed by an adult, 2351
would be a felony of the first, second, third, or fourth degree; 2352

       (ii) Any designated homicide, assault, or kidnapping offense 2353
if that offense, if committed by an adult, would be a felony of 2354
the first, second, third, or fourth degree and if the court 2355
determined that, if the child was an adult, the child would be 2356
guilty of a sexual motivation specification regarding that 2357
offense. 2358

       (d) Subject to division (D)(2)(i) of this section, a 2359
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or 2360
2905.02 of the Revised Code, a violation of division (A) of 2361
section 2903.04 of the Revised Code, or an attempt to violate any 2362
of those sections or that division that is committed with a sexual 2363
motivation; 2364

       (e) Subject to division (D)(2)(i) of this section, a 2365
violation of division (A)(1) or (3) of section 2907.321, division 2366
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of 2367
section 2907.323 of the Revised Code, or an attempt to violate any 2368
of those divisions, if the person who violates or attempts to 2369
violate the division is four or more years older than the minor 2370
who is the victim of the violation; 2371

       (f) Subject to division (D)(2)(i) of this section, a 2372
violation of section 2907.06 or 2907.08 of the Revised Code when 2373
the victim of the violation is eighteen years of age or older, or 2374
a violation of section 2903.211 of the Revised Code when the 2375
victim of the violation is eighteen years of age or older and the 2376
offense is committed with a sexual motivation; 2377

       (g) Subject to division (D)(2)(i) of this section, any 2378
violation of any former law of this state, any existing or former 2379
municipal ordinance or law of another state or the United States, 2380
any existing or former law applicable in a military court or in an 2381
Indian tribal court, or any existing or former law of any nation 2382
other than the United States, that is or was substantially 2383
equivalent to any offense listed in division (D)(2)(a), (b), (c), 2384
(d), (e), or (f) of this section and that, if committed by an 2385
adult, would be a felony of the first, second, third, or fourth 2386
degree; 2387

       (h) Subject to division (D)(2)(i) of this section, any 2388
attempt to commit, conspiracy to commit, or complicity in 2389
committing any offense listed in division (D)(2)(a), (b), (c), 2390
(d), (e), (f), or (g) of this section; 2391

       (i) If the child's case has been transferred for criminal 2392
prosecution under section 2152.12 of the Revised Code, the act is 2393
any violation listed in division (D)(1)(a), (b), (c), (d), (e), 2394
(f), or (g) of this section or would be any offense listed in any 2395
of those divisions if committed by an adult. 2396

       (E) "Sexual predator" means a person to whom either of the 2397
following applies: 2398

       (1) The person has been convicted of or pleaded guilty to 2399
committing a sexually oriented offense that is not a 2400
registration-exempt sexually oriented offense and is likely to 2401
engage in the future in one or more sexually oriented offenses. 2402

       (2) The person has been adjudicated a delinquent child for 2403
committing a sexually oriented offense that is not a 2404
registration-exempt sexually oriented offense, was fourteen years 2405
of age or older at the time of committing the offense, was 2406
classified a juvenile offender registrant based on that 2407
adjudication, and is likely to engage in the future in one or more 2408
sexually oriented offenses. 2409

       (F) "Supervised release" means a release of an offender from 2410
a prison term, a term of imprisonment, or another type of 2411
confinement that satisfies either of the following conditions: 2412

       (1) The release is on parole, a conditional pardon, under a 2413
community control sanction, under transitional control, or under a 2414
post-release control sanction, and it requires the person to 2415
report to or be supervised by a parole officer, probation officer, 2416
field officer, or another type of supervising officer. 2417

       (2) The release is any type of release that is not described 2418
in division (F)(1) of this section and that requires the person to 2419
report to or be supervised by a probation officer, a parole 2420
officer, a field officer, or another type of supervising officer. 2421

       (G) An offender or delinquent child is "adjudicated as being 2422
a sexual predator" or "adjudicated a sexual predator" if any of 2423
the following applies and if, regarding a delinquent child, that 2424
status has not been removed pursuant to section 2152.84, 2152.85, 2425
or 2950.09 of the Revised Code: 2426

       (1) The offender is convicted of or pleads guilty to 2427
committing, on or after January 1, 1997, a sexually oriented 2428
offense that is not a registration-exempt sexually oriented 2429
offense, ~~the~~and either of the following applies: 2430

       (a) The sexually oriented offense is a violent sex offense or 2431
a designated homicide, assault, or kidnapping offense, and the 2432
offender is adjudicated a sexually violent predator in relation to 2433
that offense. 2434

       (b) The sexually oriented offense is a violation of division 2435
(A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) of 2436
section 2907.05 of the Revised Code that the offender committed on 2437
or after the effective date of this amendment. 2438

       (2) Regardless of when the sexually oriented offense was 2439
committed, on or after January 1, 1997, the offender is sentenced 2440
for a sexually oriented offense that is not a registration-exempt 2441
sexually oriented offense, and the sentencing judge determines 2442
pursuant to division (B) of section 2950.09 of the Revised Code 2443
that the offender is a sexual predator. 2444

       (3) The delinquent child is adjudicated a delinquent child 2445
for committing a sexually oriented offense that is not a 2446
registration-exempt sexually oriented offense, was fourteen years 2447
of age or older at the time of committing the offense, and has 2448
been classified a juvenile offender registrant based on that 2449
adjudication, and the adjudicating judge or that judge's successor 2450
in office determines pursuant to division (B) of section 2950.09 2451
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 2452
the Revised Code that the delinquent child is a sexual predator. 2453

       (4) Prior to January 1, 1997, the offender was convicted of 2454
or pleaded guilty to, and was sentenced for, a sexually oriented 2455
offense that is not a registration-exempt sexually oriented 2456
offense, the offender is imprisoned in a state correctional 2457
institution on or after January 1, 1997, and the court determines 2458
pursuant to division (C) of section 2950.09 of the Revised Code 2459
that the offender is a sexual predator. 2460

       (5) Regardless of when the sexually oriented offense was 2461
committed, the offender or delinquent child is convicted of or 2462
pleads guilty to, has been convicted of or pleaded guilty to, or 2463
is adjudicated a delinquent child for committing a sexually 2464
oriented offense that is not a registration-exempt sexually 2465
oriented offense in another state, in a federal court, military 2466
court, or Indian tribal court, or in a court in any nation other 2467
than the United States, as a result of that conviction, plea of 2468
guilty, or adjudication, the offender or delinquent child is 2469
required, under the law of the jurisdiction in which the offender 2470
was convicted or pleaded guilty or the delinquent child was 2471
adjudicated, to register as a sex offender until the offender's or 2472
delinquent child's death, and, on or after July 1, 1997, for 2473
offenders or January 1, 2002, for delinquent children, the 2474
offender or delinquent child moves to and resides in this state or 2475
temporarily is domiciled in this state for more than five days or 2476
the offender is required under section 2950.04 of the Revised Code 2477
to register a school, institution of higher education, or place of 2478
employment address in this state, unless a court of common pleas 2479
or juvenile court determines that the offender or delinquent child 2480
is not a sexual predator pursuant to division (F) of section 2481
2950.09 of the Revised Code. 2482

       (H) "Sexually violent predator specification," "sexually 2483
violent offense," "sexual motivation specification," "designated 2484
homicide, assault, or kidnapping offense," and "violent sex 2485
offense" have the same meanings as in section 2971.01 of the 2486
Revised Code. 2487

       (I) "Post-release control sanction" and "transitional 2488
control" have the same meanings as in section 2967.01 of the 2489
Revised Code. 2490

       (J) "Juvenile offender registrant" means a person who is 2491
adjudicated a delinquent child for committing on or after January 2492
1, 2002, a sexually oriented offense that is not a 2493
registration-exempt sexually oriented offense or a child-victim 2494
oriented offense, who is fourteen years of age or older at the 2495
time of committing the offense, and who a juvenile court judge, 2496
pursuant to an order issued under section 2152.82, 2152.83, 2497
2152.84, or 2152.85 of the Revised Code, classifies a juvenile 2498
offender registrant and specifies has a duty to comply with 2499
sections 2950.04, 2950.05, and 2950.06 of the Revised Code if the 2500
child committed a sexually oriented offense or with sections 2501
2950.041, 2950.05, and 2950.06 of the Revised Code if the child 2502
committed a child-victim oriented offense. "Juvenile offender 2503
registrant" includes a person who, prior to July 31, 2003, was a 2504
"juvenile sex offender registrant" under the former definition of 2505
that former term. 2506

       (K) "Secure facility" means any facility that is designed and 2507
operated to ensure that all of its entrances and exits are locked 2508
and under the exclusive control of its staff and to ensure that, 2509
because of that exclusive control, no person who is 2510
institutionalized or confined in the facility may leave the 2511
facility without permission or supervision. 2512

       (L) "Out-of-state juvenile offender registrant" means a 2513
person who is adjudicated a delinquent child in a court in another 2514
state, in a federal court, military court, or Indian tribal court, 2515
or in a court in any nation other than the United States for 2516
committing a sexually oriented offense that is not a 2517
registration-exempt sexually oriented offense or a child-victim 2518
oriented offense, who on or after January 1, 2002, moves to and 2519
resides in this state or temporarily is domiciled in this state 2520
for more than five days, and who has a duty under section 2950.04 2521
of the Revised Code to register in this state and the duty to 2522
otherwise comply with that section and sections 2950.05 and 2523
2950.06 of the Revised Code if the child committed a sexually 2524
oriented offense or has a duty under section 2950.041 of the 2525
Revised Code to register in this state and the duty to otherwise 2526
comply with that section and sections 2950.05 and 2950.06 of the 2527
Revised Code if the child committed a child-victim oriented 2528
offense. "Out-of-state juvenile offender registrant" includes a 2529
person who, prior to July 31, 2003, was an "out-of-state juvenile 2530
sex offender registrant" under the former definition of that 2531
former term. 2532

       (M) "Juvenile court judge" includes a magistrate to whom the 2533
juvenile court judge confers duties pursuant to division (A)(15) 2534
of section 2151.23 of the Revised Code. 2535

       (N) "Adjudicated a delinquent child for committing a sexually 2536
oriented offense" includes a child who receives a serious youthful 2537
offender dispositional sentence under section 2152.13 of the 2538
Revised Code for committing a sexually oriented offense. 2539

       (O) "Aggravated sexually oriented offense" means a violation 2540
of division (A)(1)(b) of section 2907.02 of the Revised Code 2541
committed on or after June 13, 2002, or a violation of division 2542
(A)(2) of that section committed on or after July 31, 2003. 2543

       (P)(1) "Presumptive registration-exempt sexually oriented 2544
offense" means any of the following sexually oriented offenses 2545
described in division (P)(1)(a), (b), (c), (d), or (e) of this 2546
section, when the offense is committed by a person who previously 2547
has not been convicted of, pleaded guilty to, or adjudicated a 2548
delinquent child for committing any sexually oriented offense 2549
described in division (P)(1)(a), (b), (c), (d), or (e) of this 2550
section, any other sexually oriented offense, or any child-victim 2551
oriented offense and when the victim or intended victim of the 2552
offense is eighteen years of age or older: 2553

       (a) Any sexually oriented offense listed in division 2554
(D)(1)(e) or (D)(2)(f) of this section committed by a person who 2555
is eighteen years of age or older or, subject to division 2556
(P)(1)(e) of this section, committed by a person who is under 2557
eighteen years of age; 2558

       (b) Any violation of any former law of this state, any 2559
existing or former municipal ordinance or law of another state or 2560
the United States, any existing or former law applicable in a 2561
military court or in an Indian tribal court, or any existing or 2562
former law of any nation other than the United States that is 2563
committed by a person who is eighteen years of age or older and 2564
that is or was substantially equivalent to any sexually oriented 2565
offense listed in division (P)(1)(a) of this section; 2566

       (c) Subject to division (P)(1)(e) of this section, any 2567
violation of any former law of this state, any existing or former 2568
municipal ordinance or law of another state or the United States, 2569
any existing or former law applicable in a military court or in an 2570
Indian tribal court, or any existing or former law of any nation 2571
other than the United States that is committed by a person who is 2572
under eighteen years of age, that is or was substantially 2573
equivalent to any sexually oriented offense listed in division 2574
(P)(1)(a) of this section, and that would be a felony of the 2575
fourth degree if committed by an adult; 2576

       (d) Any attempt to commit, conspiracy to commit, or 2577
complicity in committing any offense listed in division (P)(1)(a) 2578
or (b) of this section if the person is eighteen years of age or 2579
older or, subject to division (P)(1)(e) of this section, listed in 2580
division (P)(1)(a) or (c) of this section if the person is under 2581
eighteen years of age. 2582

       (e) Regarding an act committed by a person under eighteen 2583
years of age, if the child's case has been transferred for 2584
criminal prosecution under section 2152.12 of the Revised Code, 2585
the act is any sexually oriented offense listed in division 2586
(P)(1)(a), (b), or (d) of this section. 2587

       (2) "Presumptive registration-exempt sexually oriented 2588
offense" does not include any sexually oriented offense described 2589
in division (P)(1)(a), (b), (c), (d), or (e) of this section that 2590
is committed by a person who previously has been convicted of, 2591
pleaded guilty to, or adjudicated a delinquent child for 2592
committing any sexually oriented offense described in division 2593
(P)(1)(a), (b), (c), (d), or (e) of this section or any other 2594
sexually oriented offense. 2595

       (Q)(1) "Registration-exempt sexually oriented offense" means 2596
any presumptive registration-exempt sexually oriented offense, if 2597
a court does not issue an order under section 2950.021 of the 2598
Revised Code that removes the presumptive exemption and subjects 2599
the offender who was convicted of or pleaded guilty to the offense 2600
to registration under section 2950.04 of the Revised Code and all 2601
other duties and responsibilities generally imposed under this 2602
chapter upon persons who are convicted of or plead guilty to any 2603
sexually oriented offense other than a presumptive 2604
registration-exempt sexually oriented offense or that removes the 2605
presumptive exemption and potentially subjects the child who was 2606
adjudicated a delinquent child for committing the offense to 2607
classification as a juvenile offender registrant under section 2608
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to 2609
registration under section 2950.04 of the Revised Code and all 2610
other duties and responsibilities generally imposed under this 2611
chapter upon persons who are adjudicated delinquent children for 2612
committing a sexually oriented offense other than a presumptive 2613
registration-exempt sexually oriented offense. 2614

        (2) "Registration-exempt sexually oriented offense" does not 2615
include a presumptive registration-exempt sexually oriented 2616
offense if a court issues an order under section 2950.021 of the 2617
Revised Code that removes the presumptive exemption and subjects 2618
the offender or potentially subjects the delinquent child to the 2619
duties and responsibilities described in division (Q)(1) of this 2620
section. 2621

       (R) "School" and "school premises" have the same meanings as 2622
in section 2925.01 of the Revised Code. 2623

       (S)(1) "Child-victim oriented offense" means any of the 2624
following: 2625

       (a) Subject to division (S)(2) of this section, any of the 2626
following violations or offenses committed by a person eighteen 2627
years of age or older, when the victim of the violation is under 2628
eighteen years of age and is not a child of the person who commits 2629
the violation: 2630

       (i) A violation of division (A)(1), (2), (3), or (5) of 2631
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of 2632
former section 2905.04 of the Revised Code; 2633

       (ii) A violation of any former law of this state, any 2634
existing or former municipal ordinance or law of another state or 2635
the United States, any existing or former law applicable in a 2636
military court or in an Indian tribal court, or any existing or 2637
former law of any nation other than the United States, that is or 2638
was substantially equivalent to any offense listed in division 2639
(S)(1)(a)(i) of this section; 2640

       (iii) An attempt to commit, conspiracy to commit, or 2641
complicity in committing any offense listed in division 2642
(S)(1)(a)(i) or (ii) of this section. 2643

       (b) Subject to division (S)(2) of this section, an act 2644
committed by a person under eighteen years of age that is any of 2645
the following, when the victim of the violation is under eighteen 2646
years of age and is not a child of the person who commits the 2647
violation: 2648

       (i) Subject to division (S)(1)(b)(iv) of this section, a 2649
violation of division (A)(1), (2), (3), or (5) of section 2905.01 2650
or of former section 2905.04 of the Revised Code; 2651

       (ii) Subject to division (S)(1)(b)(iv) of this section, any 2652
violation of any former law of this state, any existing or former 2653
municipal ordinance or law of another state or the United States, 2654
any existing or former law applicable in a military court or in an 2655
Indian tribal court, or any existing or former law of any nation 2656
other than the United States, that is or was substantially 2657
equivalent to any offense listed in division (S)(1)(b)(i) of this 2658
section and that, if committed by an adult, would be a felony of 2659
the first, second, third, or fourth degree; 2660

       (iii) Subject to division (S)(1)(b)(iv) of this section, any 2661
attempt to commit, conspiracy to commit, or complicity in 2662
committing any offense listed in division (S)(1)(b)(i) or (ii) of 2663
this section; 2664

       (iv) If the child's case has been transferred for criminal 2665
prosecution under section 2152.12 of the Revised Code, the act is 2666
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of 2667
this section or would be any offense listed in any of those 2668
divisions if committed by an adult. 2669

       (2) "Child-victim oriented offense" does not include any 2670
offense identified in division (S)(1)(a) or (b) of this section 2671
that is a sexually violent offense. An offense identified in 2672
division (S)(1)(a) or (b) of this section that is a sexually 2673
violent offense is within the definition of a sexually oriented 2674
offense. 2675

       (T)(1) "Habitual child-victim offender" means, except when a 2676
juvenile judge removes this classification pursuant to division 2677
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of 2678
the Revised Code, a person to whom both of the following apply: 2679

       (a) The person is convicted of or pleads guilty to a 2680
child-victim oriented offense, or the person is adjudicated a 2681
delinquent child for committing on or after January 1, 2002, a 2682
child-victim oriented offense, was fourteen years of age or older 2683
at the time of committing the offense, and is classified a 2684
juvenile offender registrant based on that adjudication. 2685

       (b) One of the following applies to the person: 2686

       (i) Regarding a person who is an offender, the person 2687
previously was convicted of or pleaded guilty to one or more 2688
child-victim oriented offenses or previously was adjudicated a 2689
delinquent child for committing one or more child-victim oriented 2690
offenses and was classified a juvenile offender registrant or 2691
out-of-state juvenile offender registrant based on one or more of 2692
those adjudications, regardless of when the offense was committed 2693
and regardless of the person's age at the time of committing the 2694
offense. 2695

       (ii) Regarding a delinquent child, the person previously was 2696
convicted of, pleaded guilty to, or was adjudicated a delinquent 2697
child for committing one or more child-victim oriented offenses, 2698
regardless of when the offense was committed and regardless of the 2699
person's age at the time of committing the offense. 2700

       (2) "Habitual child-victim offender" includes a person who 2701
has been convicted of, pleaded guilty to, or adjudicated a 2702
delinquent child for committing, a child-victim oriented offense 2703
and who, on and after July 31, 2003, is automatically classified a 2704
habitual child-victim offender pursuant to division (E) of section 2705
2950.091 of the Revised Code. 2706

       (U) "Child-victim predator" means a person to whom either of 2707
the following applies: 2708

       (1) The person has been convicted of or pleaded guilty to 2709
committing a child-victim oriented offense and is likely to engage 2710
in the future in one or more child-victim oriented offenses. 2711

       (2) The person has been adjudicated a delinquent child for 2712
committing a child-victim oriented offense, was fourteen years of 2713
age or older at the time of committing the offense, was classified 2714
a juvenile offender registrant based on that adjudication, and is 2715
likely to engage in the future in one or more child-victim 2716
oriented offenses. 2717

       (V) An offender or delinquent child is "adjudicated as being 2718
a child-victim predator" or "adjudicated a child-victim predator" 2719
if any of the following applies and if, regarding a delinquent 2720
child, that status has not been removed pursuant to section 2721
2152.84, 2152.85, or 2950.09 of the Revised Code: 2722

       (1) The offender or delinquent child has been convicted of, 2723
pleaded guilty to, or adjudicated a delinquent child for 2724
committing, a child-victim oriented offense and, on and after July 2725
31, 2003, is automatically classified a child-victim predator 2726
pursuant to division (A) of section 2950.091 of the Revised Code. 2727

       (2) Regardless of when the child-victim oriented offense was 2728
committed, on or after July 31, 2003, the offender is sentenced 2729
for a child-victim oriented offense, and the sentencing judge 2730
determines pursuant to division (B) of section 2950.091 of the 2731
Revised Code that the offender is a child-victim predator. 2732

       (3) The delinquent child is adjudicated a delinquent child 2733
for committing a child-victim oriented offense, was fourteen years 2734
of age or older at the time of committing the offense, and has 2735
been classified a juvenile offender registrant based on that 2736
adjudication, and the adjudicating judge or that judge's successor 2737
in office determines pursuant to division (B) of section 2950.09 2738
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 2739
the Revised Code that the delinquent child is a child-victim 2740
predator. 2741

       (4) Prior to July 31, 2003, the offender was convicted of or 2742
pleaded guilty to a child-victim oriented offense, at the time of 2743
the conviction or guilty plea, the offense was considered a 2744
sexually oriented offense, on or after July 31, 2003, the offender 2745
is serving a term of imprisonment in a state correctional 2746
institution, and the court determines pursuant to division (C) of 2747
section 2950.091 of the Revised Code that the offender is a 2748
child-victim predator. 2749

       (5) Regardless of when the child-victim oriented offense was 2750
committed, the offender or delinquent child is convicted, pleads 2751
guilty, has been convicted, pleaded guilty, or adjudicated a 2752
delinquent child in a court in another state, in a federal court, 2753
military court, or Indian tribal court, or in a court in any 2754
nation other than the United States for committing a child-victim 2755
oriented offense, as a result of that conviction, plea of guilty, 2756
or adjudication, the offender or delinquent child is required 2757
under the law of the jurisdiction in which the offender was 2758
convicted or pleaded guilty or the delinquent child was 2759
adjudicated, to register as a child-victim offender or sex 2760
offender until the offender's or delinquent child's death, and, on 2761
or after July 1, 1997, for offenders or January 1, 2002, for 2762
delinquent children the offender or delinquent child moves to and 2763
resides in this state or temporarily is domiciled in this state 2764
for more than five days or the offender is required under section 2765
2950.041 of the Revised Code to register a school, institution of 2766
higher education, or place of employment address in this state, 2767
unless a court of common pleas or juvenile court determines that 2768
the offender or delinquent child is not a child-victim predator 2769
pursuant to division (F) of section 2950.091 of the Revised Code. 2770

       (W) "Residential premises" means the building in which a 2771
residential unit is located and the grounds upon which that 2772
building stands, extending to the perimeter of the property. 2773
"Residential premises" includes any type of structure in which a 2774
residential unit is located, including, but not limited to, 2775
multi-unit buildings and mobile and manufactured homes. 2776

       (X) "Residential unit" means a dwelling unit for residential 2777
use and occupancy, and includes the structure or part of a 2778
structure that is used as a home, residence, or sleeping place by 2779
one person who maintains a household or two or more persons who 2780
maintain a common household. "Residential unit" does not include a 2781
halfway house or a community-based correctional facility. 2782

       (Y) "Multi-unit building" means a building in which is 2783
located more than twelve residential units that have entry doors 2784
that open directly into the unit from a hallway that is shared 2785
with one or more other units. A residential unit is not considered 2786
located in a multi-unit building if the unit does not have an 2787
entry door that opens directly into the unit from a hallway that 2788
is shared with one or more other units or if the unit is in a 2789
building that is not a multi-unit building as described in this 2790
division. 2791

       (Z) "Community control sanction" has the same meaning as in 2792
section 2929.01 of the Revised Code. 2793

       (AA) "Halfway house" and "community-based correctional 2794
facility" have the same meanings as in section 2929.01 of the 2795
Revised Code. 2796

       (BB) "Adjudicated a sexually violent predator" has the same 2797
meaning as in section 2929.01 of the Revised Code, and a person is 2798
"adjudicated a sexually violent predator" in the same manner and 2799
the same circumstances as are described in that section. 2800

       Sec. 2950.09. (A) If a person is convicted of or pleads 2801
guilty to committing, on or after January 1, 1997, a sexually 2802
oriented offense that is not a registration-exempt sexually 2803
oriented offense, and if the sexually oriented offense is a 2804
violent sex offense or a designated homicide, assault, or 2805
kidnapping offense and the offender is adjudicated a sexually 2806
violent predator in relation to that offense, the conviction of or 2807
plea of guilty to the offense and the adjudication as a sexually 2808
violent predator automatically classifies the offender as a sexual 2809
predator for purposes of this chapter. If a person is convicted of 2810
or pleads guilty to committing on or after the effective date of 2811
this amendment a sexually oriented offense that is a violation of 2812
division (A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) 2813
of section 2907.05 of the Revised Code, the conviction of or plea 2814
of guilty to the offense automatically classifies the offender as 2815
a sexual predator for purposes of this chapter. If a person is 2816
convicted, pleads guilty, or is adjudicated a delinquent child, 2817
in a court in another state, in a federal court, military court, 2818
or Indian tribal court, or in a court of any nation other than the 2819
United States for committing a sexually oriented offense that is 2820
not a registration-exempt sexually oriented offense, and if, as a 2821
result of that conviction, plea of guilty, or adjudication, the 2822
person is required, under the law of the jurisdiction in which the 2823
person was convicted, pleaded guilty, or was adjudicated, to 2824
register as a sex offender until the person's death, that 2825
conviction, plea of guilty, or adjudication automatically 2826
classifies the person as a sexual predator for the purposes of 2827
this chapter, but the person may challenge that classification 2828
pursuant to division (F) of this section. In all other cases, a 2829
person who is convicted of or pleads guilty to, has been convicted 2830
of or pleaded guilty to, or is adjudicated a delinquent child for 2831
committing, a sexually oriented offense may be classified as a 2832
sexual predator for purposes of this chapter only in accordance 2833
with division (B) or (C) of this section or, regarding delinquent 2834
children, divisions (B) and (C) of section 2152.83 of the Revised 2835
Code. 2836

       (B)(1)(a) The judge who is to impose sentence on a person who 2837
is convicted of or pleads guilty to a sexually oriented offense 2838
that is not a registration-exempt sexually oriented offense shall 2839
conduct a hearing to determine whether the offender is a sexual 2840
predator if any of the following circumstances apply: 2841

       (i) Regardless of when the sexually oriented offense was 2842
committed, the offender is to be sentenced on or after January 1, 2843
1997, for a sexually oriented offense that is not a 2844
registration-exempt sexually oriented offense and that is not a 2845
sexually violent offense. 2846

       (ii) Regardless of when the sexually oriented offense was 2847
committed, the offender is to be sentenced on or after January 1, 2848
1997, for a sexually oriented offense that is not a 2849
registration-exempt sexually oriented offense and that is not a 2850
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 2851
division (A)(4) of section 2907.05 of the Revised Code that the 2852
offender committed on or after the effective date of this 2853
amendment, and either of the following applies: the sexually 2854
oriented offense is a violent sex offense other than a violation 2855
of division (A)(1)(b) or (A)(2) of section 2907.02 or division 2856
(A)(4) of section 2907.05 of the Revised Code that the offender 2857
committed on or after the effective date of this amendment, and a 2858
sexually violent predator specification was not included in the 2859
indictment, count in the indictment, or information charging the 2860
violent sex offense; or the sexually oriented offense is a 2861
designated homicide, assault, or kidnapping offense and either a 2862
sexual motivation specification or a sexually violent predator 2863
specification, or both such specifications, were not included in 2864
the indictment, count in the indictment, or information charging 2865
the designated homicide, assault, or kidnapping offense. 2866

       (iii) Regardless of when the sexually oriented offense was 2867
committed, the offender is to be sentenced on or after May 7, 2868
2002, for a sexually oriented offense that is not a 2869
registration-exempt sexually oriented offense, and that offender 2870
was acquitted of a sexually violent predator specification that 2871
was included in the indictment, count in the indictment, or 2872
information charging the sexually oriented offense. 2873

       (b) The judge who is to impose or has imposed an order of 2874
disposition upon a child who is adjudicated a delinquent child for 2875
committing on or after January 1, 2002, a sexually oriented 2876
offense that is not a registration-exempt sexually oriented 2877
offense shall conduct a hearing as provided in this division to 2878
determine whether the child is to be classified as a sexual 2879
predator if either of the following applies: 2880

       (i) The judge is required by section 2152.82 or division (A) 2881
of section 2152.83 of the Revised Code to classify the child a 2882
juvenile offender registrant. 2883

       (ii) Division (B) of section 2152.83 of the Revised Code 2884
applies regarding the child, the judge conducts a hearing under 2885
that division for the purposes described in that division, and the 2886
judge determines at that hearing that the child will be classified 2887
a juvenile offender registrant. 2888

       (2) Regarding an offender, the judge shall conduct the 2889
hearing required by division (B)(1)(a) of this section prior to 2890
sentencing and, if the sexually oriented offense for which 2891
sentence is to be imposed is a felony and if the hearing is being 2892
conducted under division (B)(1)(a) of this section, the judge may 2893
conduct it as part of the sentencing hearing required by section 2894
2929.19 of the Revised Code. Regarding a delinquent child, the 2895
judge may conduct the hearing required by division (B)(1)(b) of 2896
this section at the same time as, or separate from, the 2897
dispositional hearing, as specified in the applicable provision of 2898
section 2152.82 or 2152.83 of the Revised Code. The court shall 2899
give the offender or delinquent child and the prosecutor who 2900
prosecuted the offender or handled the case against the delinquent 2901
child for the sexually oriented offense notice of the date, time, 2902
and location of the hearing. At the hearing, the offender or 2903
delinquent child and the prosecutor shall have an opportunity to 2904
testify, present evidence, call and examine witnesses and expert 2905
witnesses, and cross-examine witnesses and expert witnesses 2906
regarding the determination as to whether the offender or 2907
delinquent child is a sexual predator. The offender or delinquent 2908
child shall have the right to be represented by counsel and, if 2909
indigent, the right to have counsel appointed to represent the 2910
offender or delinquent child. 2911

       (3) In making a determination under divisions (B)(1) and (4) 2912
of this section as to whether an offender or delinquent child is a 2913
sexual predator, the judge shall consider all relevant factors, 2914
including, but not limited to, all of the following: 2915

       (a) The offender's or delinquent child's age; 2916

       (b) The offender's or delinquent child's prior criminal or 2917
delinquency record regarding all offenses, including, but not 2918
limited to, all sexual offenses; 2919

       (c) The age of the victim of the sexually oriented offense 2920
for which sentence is to be imposed or the order of disposition is 2921
to be made; 2922

       (d) Whether the sexually oriented offense for which sentence 2923
is to be imposed or the order of disposition is to be made 2924
involved multiple victims; 2925

       (e) Whether the offender or delinquent child used drugs or 2926
alcohol to impair the victim of the sexually oriented offense or 2927
to prevent the victim from resisting; 2928

       (f) If the offender or delinquent child previously has been 2929
convicted of or pleaded guilty to, or been adjudicated a 2930
delinquent child for committing an act that if committed by an 2931
adult would be, a criminal offense, whether the offender or 2932
delinquent child completed any sentence or dispositional order 2933
imposed for the prior offense or act and, if the prior offense or 2934
act was a sex offense or a sexually oriented offense, whether the 2935
offender or delinquent child participated in available programs 2936
for sexual offenders; 2937

       (g) Any mental illness or mental disability of the offender 2938
or delinquent child; 2939

       (h) The nature of the offender's or delinquent child's sexual 2940
conduct, sexual contact, or interaction in a sexual context with 2941
the victim of the sexually oriented offense and whether the sexual 2942
conduct, sexual contact, or interaction in a sexual context was 2943
part of a demonstrated pattern of abuse; 2944

       (i) Whether the offender or delinquent child, during the 2945
commission of the sexually oriented offense for which sentence is 2946
to be imposed or the order of disposition is to be made, displayed 2947
cruelty or made one or more threats of cruelty; 2948

       (j) Any additional behavioral characteristics that contribute 2949
to the offender's or delinquent child's conduct. 2950

       (4) After reviewing all testimony and evidence presented at 2951
the hearing conducted under division (B)(1) of this section and 2952
the factors specified in division (B)(3) of this section, the 2953
court shall determine by clear and convincing evidence whether the 2954
subject offender or delinquent child is a sexual predator. If the 2955
court determines that the subject offender or delinquent child is 2956
not a sexual predator, the court shall specify in the offender's 2957
sentence and the judgment of conviction that contains the sentence 2958
or in the delinquent child's dispositional order, as appropriate, 2959
that the court has determined that the offender or delinquent 2960
child is not a sexual predator and the reason or reasons why the 2961
court determined that the subject offender or delinquent child is 2962
not a sexual predator. If the court determines by clear and 2963
convincing evidence that the subject offender or delinquent child 2964
is a sexual predator, the court shall specify in the offender's 2965
sentence and the judgment of conviction that contains the sentence 2966
or in the delinquent child's dispositional order, as appropriate, 2967
that the court has determined that the offender or delinquent 2968
child is a sexual predator and shall specify that the 2969
determination was pursuant to division (B) of this section. In any 2970
case in which the sexually oriented offense in question is an 2971
aggravated sexually oriented offense, the court shall specify in 2972
the offender's sentence and the judgment of conviction that 2973
contains the sentence that the offender's offense is an aggravated 2974
sexually oriented offense. The offender or delinquent child and 2975
the prosecutor who prosecuted the offender or handled the case 2976
against the delinquent child for the sexually oriented offense in 2977
question may appeal as a matter of right the court's determination 2978
under this division as to whether the offender or delinquent child 2979
is, or is not, a sexual predator. 2980

       (5) A hearing shall not be conducted under division (B) of 2981
this section regarding an offender if ~~the~~either of the following 2982
applies: 2983

       (a) The sexually oriented offense in question is a sexually 2984
violent offense, if the indictment, count in the indictment, or 2985
information charging the offense also included a sexually violent 2986
predator specification, and if the offender is convicted of or 2987
pleads guilty to that sexually violent predator specification. 2988

       (b) The sexually oriented offense in question is a violation 2989
of division (A)(1)(b) or (A)(2) of section 2907.02 or division 2990
(A)(4) of section 2907.05 of the Revised Code that the offender 2991
committed on or after the effective date of this amendment. 2992

       (C)(1) If a person was convicted of or pleaded guilty to a 2993
sexually oriented offense that is not a registration-exempt 2994
sexually oriented offense prior to January 1, 1997, if the person 2995
was not sentenced for the offense on or after January 1, 1997, and 2996
if, on or after January 1, 1997, the offender is serving a term of 2997
imprisonment in a state correctional institution, the department 2998
of rehabilitation and correction shall do whichever of the 2999
following is applicable: 3000

       (a) If the sexually oriented offense was an offense described 3001
in division (D)(1)(c) of section 2950.01 of the Revised Code or 3002
was a violent sex offense, the department shall notify the court 3003
that sentenced the offender of this fact, and the court shall 3004
conduct a hearing to determine whether the offender is a sexual 3005
predator. 3006

       (b) If division (C)(1)(a) of this section does not apply, the 3007
department shall determine whether to recommend that the offender 3008
be adjudicated a sexual predator. In making a determination under 3009
this division as to whether to recommend that the offender be 3010
adjudicated a sexual predator, the department shall consider all 3011
relevant factors, including, but not limited to, all of the 3012
factors specified in divisions (B)(2) and (3) of this section. If 3013
the department determines that it will recommend that the offender 3014
be adjudicated a sexual predator, it immediately shall send the 3015
recommendation to the court that sentenced the offender. If the 3016
department determines that it will not recommend that the offender 3017
be adjudicated a sexual predator, it immediately shall send its 3018
determination to the court that sentenced the offender. In all 3019
cases, the department shall enter its determination and 3020
recommendation in the offender's institutional record, and the 3021
court shall proceed in accordance with division (C)(2) of this 3022
section. 3023

       (2)(a) If the department of rehabilitation and correction 3024
sends to a court a notice under division (C)(1)(a) of this 3025
section, the court shall conduct a hearing to determine whether 3026
the subject offender is a sexual predator. If, pursuant to 3027
division (C)(1)(b) of this section, the department sends to a 3028
court a recommendation that an offender be adjudicated a sexual 3029
predator, the court is not bound by the department's 3030
recommendation, and the court shall conduct a hearing to determine 3031
whether the offender is a sexual predator. In any case, the court 3032
shall not make a determination as to whether the offender is, or 3033
is not, a sexual predator without a hearing. The court may hold 3034
the hearing and make the determination prior to the offender's 3035
release from imprisonment or at any time within one year following 3036
the offender's release from that imprisonment. 3037

       (b) If, pursuant to division (C)(1)(b) of this section, the 3038
department sends to the court a determination that it is not 3039
recommending that an offender be adjudicated a sexual predator, 3040
the court shall not make any determination as to whether the 3041
offender is, or is not, a sexual predator but shall determine 3042
whether the offender previously has been convicted of or pleaded 3043
guilty to a sexually oriented offense other than the offense in 3044
relation to which the department made its determination or 3045
previously has been convicted of or pleaded guilty to a 3046
child-victim oriented offense. 3047

       The court may conduct a hearing to determine whether the 3048
offender previously has been convicted of or pleaded guilty to a 3049
sexually oriented offense or a child-victim oriented offense but 3050
may make the determination without a hearing. However, if the 3051
court determines that the offender previously has been convicted 3052
of or pleaded guilty to such an offense, it shall not impose a 3053
requirement that the offender be subject to the community 3054
notification provisions contained in sections 2950.10 and 2950.11 3055
of the Revised Code without a hearing. In determining whether to 3056
impose the community notification requirement, the court, in the 3057
circumstances described in division (E)(2) of this section, shall 3058
apply the presumption specified in that division. The court shall 3059
include in the offender's institutional record any determination 3060
made under this division as to whether the offender previously has 3061
been convicted of or pleaded guilty to a sexually oriented offense 3062
or child-victim oriented offense, and, as such, whether the 3063
offender is a habitual sex offender. 3064

        (c) Upon scheduling a hearing under division (C)(2)(a) or (b) 3065
of this section, the court shall give the offender and the 3066
prosecutor who prosecuted the offender for the sexually oriented 3067
offense, or that prosecutor's successor in office, notice of the 3068
date, time, and place of the hearing. If the hearing is scheduled 3069
under division (C)(2)(a) of this section to determine whether the 3070
offender is a sexual predator, the prosecutor who is given the 3071
notice may contact the department of rehabilitation and correction 3072
and request that the department provide to the prosecutor all 3073
information the department possesses regarding the offender that 3074
is relevant and necessary for use in making the determination as 3075
to whether the offender is a sexual predator and that is not 3076
privileged or confidential under law. If the prosecutor makes a 3077
request for that information, the department promptly shall 3078
provide to the prosecutor all information the department possesses 3079
regarding the offender that is not privileged or confidential 3080
under law and that is relevant and necessary for making that 3081
determination. A hearing scheduled under division (C)(2)(a) of 3082
this section to determine whether the offender is a sexual 3083
predator shall be conducted in the manner described in division 3084
(B)(1) of this section regarding hearings conducted under that 3085
division and, in making a determination under this division as to 3086
whether the offender is a sexual predator, the court shall 3087
consider all relevant factors, including, but not limited to, all 3088
of the factors specified in divisions (B)(2) and (3) of this 3089
section. After reviewing all testimony and evidence presented at 3090
the sexual predator hearing and the factors specified in divisions 3091
(B)(2) and (3) of this section, the court shall determine by clear 3092
and convincing evidence whether the offender is a sexual predator. 3093
If the court determines at the sexual predator hearing that the 3094
offender is not a sexual predator, it also shall determine whether 3095
the offender previously has been convicted of or pleaded guilty to 3096
a sexually oriented offense other than the offense in relation to 3097
which the hearing is being conducted. 3098

       Upon making its determinations at the sexual predator 3099
hearing, the court shall proceed as follows: 3100

       (i) If the court determines that the offender is not a sexual 3101
predator and that the offender previously has not been convicted 3102
of or pleaded guilty to a sexually oriented offense other than the 3103
offense in relation to which the hearing is being conducted and 3104
previously has not been convicted of or pleaded guilty to a 3105
child-victim oriented offense, it shall include in the offender's 3106
institutional record its determinations and the reason or reasons 3107
why it determined that the offender is not a sexual predator. 3108

       (ii) If the court determines that the offender is not a 3109
sexual predator but that the offender previously has been 3110
convicted of or pleaded guilty to a sexually oriented offense 3111
other than the offense in relation to which the hearing is being 3112
conducted or previously has been convicted of or pleaded guilty to 3113
a child-victim oriented offense, it shall include in the 3114
offender's institutional record its determination that the 3115
offender is not a sexual predator but is a habitual sex offender 3116
and the reason or reasons why it determined that the offender is 3117
not a sexual predator, shall attach the determinations and the 3118
reason or reasons to the offender's sentence, shall specify that 3119
the determinations were pursuant to division (C) of this section, 3120
shall provide a copy of the determinations and the reason or 3121
reasons to the offender, to the prosecuting attorney, and to the 3122
department of rehabilitation and correction, and may impose a 3123
requirement that the offender be subject to the community 3124
notification provisions contained in sections 2950.10 and 2950.11 3125
of the Revised Code. In determining whether to impose the 3126
community notification requirements, the court, in the 3127
circumstances described in division (E)(2) of this section, shall 3128
apply the presumption specified in that division. The offender 3129
shall not be subject to those community notification provisions 3130
relative to the sexually oriented offense in question if the court 3131
does not so impose the requirement described in this division. If 3132
the court imposes that requirement, the offender may appeal the 3133
judge's determination that the offender is a habitual sex 3134
offender. 3135

       (iii) If the court determines by clear and convincing 3136
evidence that the offender is a sexual predator, it shall enter 3137
its determination in the offender's institutional record, shall 3138
attach the determination to the offender's sentence, shall specify 3139
that the determination was pursuant to division (C) of this 3140
section, and shall provide a copy of the determination to the 3141
offender, to the prosecuting attorney, and to the department of 3142
rehabilitation and correction. The offender and the prosecutor may 3143
appeal as a matter of right the judge's determination under 3144
divisions (C)(2)(a) and (c) of this section as to whether the 3145
offender is, or is not, a sexual predator. 3146

       If the hearing is scheduled under division (C)(2)(b) of this 3147
section to determine whether the offender previously has been 3148
convicted of or pleaded guilty to a sexually oriented offense or a 3149
child-victim oriented offense or whether to subject the offender 3150
to the community notification provisions contained in sections 3151
2950.10 and 2950.11 of the Revised Code, upon making the 3152
determination, the court shall attach the determination or 3153
determinations to the offender's sentence, shall provide a copy to 3154
the offender, to the prosecuting attorney, and to the department 3155
of rehabilitation and correction and may impose a requirement that 3156
the offender be subject to the community notification provisions. 3157
In determining whether to impose the community notification 3158
requirements, the court, in the circumstances described in 3159
division (E)(2) of this section, shall apply the presumption 3160
specified in that division. The offender shall not be subject to 3161
the community notification provisions relative to the sexually 3162
oriented offense in question if the court does not so impose the 3163
requirement described in this division. If the court imposes that 3164
requirement, the offender may appeal the judge's determination 3165
that the offender is a habitual sex offender. 3166

       (3) The changes made in divisions (C)(1) and (2) of this 3167
section that take effect on July 31, 2003, do not require a court 3168
to conduct a new hearing under those divisions for any offender 3169
regarding a sexually oriented offense if, prior to July 31, 2003, 3170
the court previously conducted a hearing under those divisions 3171
regarding that offense to determine whether the offender was a 3172
sexual predator. The changes made in divisions (C)(1) and (2) of 3173
this section that take effect on July 31, 2003, do not require a 3174
court to conduct a hearing under those divisions for any offender 3175
regarding a sexually oriented offense if, prior to July 31, 2003, 3176
and pursuant to those divisions, the department of rehabilitation 3177
and correction recommended that the offender be adjudicated a 3178
sexual predator regarding that offense, and the court denied the 3179
recommendation and determined that the offender was not a sexual 3180
predator without a hearing, provided that this provision does not 3181
apply if the sexually oriented offense in question was an offense 3182
described in division (D)(1)(c) of section 2950.01 of the Revised 3183
Code. 3184

       (D)(1) Division (D)(1) of this section does not apply to any 3185
person who has been convicted of or pleaded guilty to a sexually 3186
oriented offense. Division (D) of this section applies only to 3187
delinquent children as provided in Chapter 2152. of the Revised 3188
Code. A person who has been adjudicated a delinquent child for 3189
committing a sexually oriented offense that is not a 3190
registration-exempt sexually oriented offense and who has been 3191
classified by a juvenile court judge a juvenile offender 3192
registrant or, if applicable, additionally has been determined by 3193
a juvenile court judge to be a sexual predator or habitual sex 3194
offender, may petition the adjudicating court for a 3195
reclassification or declassification pursuant to section 2152.85 3196
of the Revised Code. 3197

        A judge who is reviewing a sexual predator determination for 3198
a delinquent child under section 2152.84 or 2152.85 of the Revised 3199
Code shall comply with this section. At the hearing, the judge 3200
shall consider all relevant evidence and information, including, 3201
but not limited to, the factors set forth in division (B)(3) of 3202
this section. The judge shall not enter a determination that the 3203
delinquent child no longer is a sexual predator unless the judge 3204
determines by clear and convincing evidence that the delinquent 3205
child is unlikely to commit a sexually oriented offense in the 3206
future. If the judge enters a determination under this division 3207
that the delinquent child no longer is a sexual predator, the 3208
judge shall notify the bureau of criminal identification and 3209
investigation of the determination and shall include in the notice 3210
a statement of the reason or reasons why it determined that the 3211
delinquent child no longer is a sexual predator. Upon receipt of 3212
the notification, the bureau promptly shall notify the sheriff 3213
with whom the delinquent child most recently registered under 3214
section 2950.04 or 2950.05 of the Revised Code of the 3215
determination that the delinquent child no longer is a sexual 3216
predator. 3217

       (2) If an offender who has been convicted of or pleaded 3218
guilty to a sexually oriented offense is classified a sexual 3219
predator pursuant to division (A) of this section or has been 3220
adjudicated a sexual predator relative to the offense as described 3221
in division (B) or (C) of this section, subject to division (F) of 3222
this section, the classification or adjudication of the offender 3223
as a sexual predator is permanent and continues in effect until 3224
the offender's death and in no case shall the classification or 3225
adjudication be removed or terminated. 3226

       (E)(1) If a person is convicted of or pleads guilty to 3227
committing, on or after January 1, 1997, a sexually oriented 3228
offense that is not a registration-exempt sexually oriented 3229
offense, the judge who is to impose sentence on the offender shall 3230
determine, prior to sentencing, whether the offender previously 3231
has been convicted of or pleaded guilty to, or adjudicated a 3232
delinquent child for committing, a sexually oriented offense or a 3233
child-victim oriented offense and is a habitual sex offender. The 3234
judge who is to impose or has imposed an order of disposition upon 3235
a child who is adjudicated a delinquent child for committing on or 3236
after January 1, 2002, a sexually oriented offense that is not a 3237
registration-exempt sexually oriented offense shall determine, 3238
prior to entering the order classifying the delinquent child a 3239
juvenile offender registrant, whether the delinquent child 3240
previously has been convicted of or pleaded guilty to, or 3241
adjudicated a delinquent child for committing, a sexually oriented 3242
offense or a child-victim oriented offense and is a habitual sex 3243
offender, if either of the following applies: 3244

       (a) The judge is required by section 2152.82 or division (A) 3245
of section 2152.83 of the Revised Code to classify the child a 3246
juvenile offender registrant; 3247

       (b) Division (B) of section 2152.83 of the Revised Code 3248
applies regarding the child, the judge conducts a hearing under 3249
that division for the purposes described in that division, and the 3250
judge determines at that hearing that the child will be classified 3251
a juvenile offender registrant. 3252

       (2) If, under division (E)(1) of this section, the judge 3253
determines that the offender or delinquent child previously has 3254
not been convicted of or pleaded guilty to, or been adjudicated a 3255
delinquent child for committing, a sexually oriented offense or a 3256
child-victim oriented offense or that the offender otherwise does 3257
not satisfy the criteria for being a habitual sex offender, the 3258
judge shall specify in the offender's sentence or in the order 3259
classifying the delinquent child a juvenile offender registrant 3260
that the judge has determined that the offender or delinquent 3261
child is not a habitual sex offender. 3262

       If, under division (E)(1) of this section, the judge 3263
determines that the offender or delinquent child previously has 3264
been convicted of or pleaded guilty to, or been adjudicated a 3265
delinquent child for committing, a sexually oriented offense or a 3266
child-victim oriented offense and that the offender satisfies all 3267
other criteria for being a habitual sex offender, the offender or 3268
delinquent child is a habitual sex offender or habitual 3269
child-victim offender and the court shall determine whether to 3270
impose a requirement that the offender or delinquent child be 3271
subject to the community notification provisions contained in 3272
sections 2950.10 and 2950.11 of the Revised Code. In making the 3273
determination regarding the possible imposition of the community 3274
notification requirement, if at least two of the sexually oriented 3275
offenses or child-victim oriented offenses that are the basis of 3276
the habitual sex offender or habitual child-victim offender 3277
determination were committed against a victim who was under 3278
eighteen years of age, it is presumed that subjecting the offender 3279
or delinquent child to the community notification provisions is 3280
necessary in order to comply with the determinations, findings, 3281
and declarations of the general assembly regarding sex offenders 3282
and child-victim offenders that are set forth in section 2950.02 3283
of the Revised Code. When a judge determines as described in this 3284
division that an offender or delinquent child is a habitual sex 3285
offender or a habitual child-victim offender, the judge shall 3286
specify in the offender's sentence and the judgment of conviction 3287
that contains the sentence or in the order classifying the 3288
delinquent child a juvenile offender registrant that the judge has 3289
determined that the offender or delinquent child is a habitual sex 3290
offender and may impose a requirement in that sentence and 3291
judgment of conviction or in that order that the offender or 3292
delinquent child be subject to the community notification 3293
provisions contained in sections 2950.10 and 2950.11 of the 3294
Revised Code. Unless the habitual sex offender also has been 3295
adjudicated a sexual predator relative to the sexually oriented 3296
offense in question or the habitual sex offender was convicted of 3297
or pleaded guilty to an aggravated sexually oriented offense, the 3298
offender or delinquent child shall be subject to those community 3299
notification provisions only if the court imposes the requirement 3300
described in this division in the offender's sentence and the 3301
judgment of conviction or in the order classifying the delinquent 3302
child a juvenile offender registrant. If the court determines 3303
pursuant to this division or division (C)(2) of this section that 3304
an offender is a habitual sex offender, the determination is 3305
permanent and continues in effect until the offender's death, and 3306
in no case shall the determination be removed or terminated. 3307

       If a court in another state, a federal court, military court, 3308
or Indian tribal court, or a court in any nation other than the 3309
United States determines a person to be a habitual sex offender in 3310
that jurisdiction, the person is considered to be determined to be 3311
a habitual sex offender in this state. If the court in the other 3312
state, the federal court, military court, or Indian tribal court, 3313
or the court in the nation other than the United States subjects 3314
the habitual sex offender to community notification regarding the 3315
person's place of residence, the person, as much as is 3316
practicable, is subject to the community notification provisions 3317
regarding the person's place of residence that are contained in 3318
sections 2950.10 and 2950.11 of the Revised Code, unless the court 3319
that so subjected the person to community notification determines 3320
that the person no longer is subject to community notification. 3321

       (F)(1) An offender or delinquent child classified as a sexual 3322
predator may petition the court of common pleas or, for a 3323
delinquent child, the juvenile court of the county in which the 3324
offender or delinquent child resides or temporarily is domiciled 3325
to enter a determination that the offender or delinquent child is 3326
not an adjudicated sexual predator in this state for purposes of 3327
the registration and other requirements of this chapter or the 3328
community notification provisions contained in sections 2950.10 3329
and 2950.11 of the Revised Code if all of the following apply: 3330

       (a) The offender or delinquent child was convicted of, 3331
pleaded guilty to, or was adjudicated a delinquent child for 3332
committing, a sexually oriented offense that is not a 3333
registration-exempt sexually oriented offense in another state, in 3334
a federal court, a military court, or Indian tribal court, or in a 3335
court of any nation other than the United States. 3336

       (b) As a result of the conviction, plea of guilty, or 3337
adjudication described in division (F)(1)(a) of this section, the 3338
offender or delinquent child is required under the law of the 3339
jurisdiction under which the offender or delinquent child was 3340
convicted, pleaded guilty, or was adjudicated to register as a sex 3341
offender until the offender's or delinquent child's death. 3342

       (c) The offender or delinquent child was automatically 3343
classified a sexual predator under division (A) of this section in 3344
relation to the conviction, guilty plea, or adjudication described 3345
in division (F)(1)(a) of this section. 3346

       (2) The court may enter a determination that the offender or 3347
delinquent child filing the petition described in division (F)(1) 3348
of this section is not an adjudicated sexual predator in this 3349
state for purposes of the registration and other requirements of 3350
this chapter or the community notification provisions contained in 3351
sections 2950.10 and 2950.11 of the Revised Code only if the 3352
offender or delinquent child proves by clear and convincing 3353
evidence that the requirement of the other jurisdiction that the 3354
offender or delinquent child register as a sex offender until the 3355
offender's or delinquent child's death is not substantially 3356
similar to a classification as a sexual predator for purposes of 3357
this chapter. If the court enters a determination that the 3358
offender or delinquent child is not an adjudicated sexual predator 3359
in this state for those purposes, the court shall include in the 3360
determination a statement of the reason or reasons why it so 3361
determined. 3362

       (G) If, prior to ~~the effective date of this section~~July 31, 3363
2003, an offender or delinquent child was adjudicated a sexual 3364
predator or was determined to be a habitual sex offender under 3365
this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of 3366
the Revised Code and if, on and after July 31, 2003, the sexually 3367
oriented offense upon which the classification or determination 3368
was based no longer is considered a sexually oriented offense but 3369
instead is a child-victim oriented offense, notwithstanding the 3370
redesignation of that offense, on and after July 31, 2003, all of 3371
the following apply: 3372

       (1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 3373
2950.091 of the Revised Code apply regarding the offender or 3374
child, and the judge's classification or determination made prior 3375
to July 31, 2003, shall be considered for all purposes to be a 3376
classification or determination that classifies the offender or 3377
child as described in those divisions. 3378

       (2) The offender's or child's classification or determination 3379
under divisions (A)(1) or (2) or (E)(1) and (2) of section 3380
2950.091 of the Revised Code shall be considered, for purposes of 3381
section 2950.07 of the Revised Code and for all other purposes, to 3382
be a continuation of the classification or determination made 3383
prior to July 31, 2003. 3384

       (3) The offender's or child's duties under this chapter 3385
relative to that classification or determination shall be 3386
considered for all purposes to be a continuation of the duties 3387
related to that classification or determination as they existed 3388
prior to July 31, 2003. 3389

       Sec. 2950.11. (A) As used in this section, "specified 3390
geographical notification area" means the geographic area or areas 3391
within which the attorney general, by rule adopted under section 3392
2950.13 of the Revised Code, requires the notice described in 3393
division (B) of this section to be given to the persons identified 3394
in divisions (A)(2) to (8) of this section. If a person is 3395
convicted of or pleads guilty to, or has been convicted of or 3396
pleaded guilty to, either a sexually oriented offense that is not 3397
a registration-exempt sexually oriented offense or a child-victim 3398
oriented offense, or a person is adjudicated a delinquent child 3399
for committing either a sexually oriented offense that is not a 3400
registration-exempt sexually oriented offense or a child-victim 3401
oriented offense and is classified a juvenile offender registrant 3402
or is an out-of-state juvenile offender registrant based on that 3403
adjudication, and if the offender or delinquent child is in any 3404
category specified in division (F)(1)(a), (b), or (c) of this 3405
section, the sheriff with whom the offender or delinquent child 3406
has most recently registered under section 2950.04, 2950.041, or 3407
2950.05 of the Revised Code and the sheriff to whom the offender 3408
or delinquent child most recently sent a notice of intent to 3409
reside under section 2950.04 or 2950.041 of the Revised Code, 3410
within the period of time specified in division (C) of this 3411
section, shall provide a written notice containing the information 3412
set forth in division (B) of this section to all of the persons 3413
described in divisions (A)(1) to (9) of this section. If the 3414
sheriff has sent a notice to the persons described in those 3415
divisions as a result of receiving a notice of intent to reside 3416
and if the offender or delinquent child registers a residence 3417
address that is the same residence address described in the notice 3418
of intent to reside, the sheriff is not required to send an 3419
additional notice when the offender or delinquent child registers. 3420
The sheriff shall provide the notice to all of the following 3421
persons: 3422

       (1)(a) Any occupant of each residential unit that is located 3423
within one thousand feet of the offender's or delinquent child's 3424
residential premises, that is located within the county served by 3425
the sheriff, and that is not located in a multi-unit building. 3426
Division (D)(3) of this section applies regarding notices required 3427
under this division. 3428

       (b) If the offender or delinquent child resides in a 3429
multi-unit building, any occupant of each residential unit that is 3430
located in that multi-unit building and that shares a common 3431
hallway with the offender or delinquent child. For purposes of 3432
this division, an occupant's unit shares a common hallway with the 3433
offender or delinquent child if the entrance door into the 3434
occupant's unit is located on the same floor and opens into the 3435
same hallway as the entrance door to the unit the offender or 3436
delinquent child occupies. Division (D)(3) of this section applies 3437
regarding notices required under this division. 3438

       (c) The building manager, or the person the building owner or 3439
condominium unit owners association authorizes to exercise 3440
management and control, of each multi-unit building that is 3441
located within one thousand feet of the offender's or delinquent 3442
child's residential premises, including a multi-unit building in 3443
which the offender or delinquent child resides, and that is 3444
located within the county served by the sheriff. In addition to 3445
notifying the building manager or the person authorized to 3446
exercise management and control in the multi-unit building under 3447
this division, the sheriff shall post a copy of the notice 3448
prominently in each common entryway in the building and any other 3449
location in the building the sheriff determines appropriate. The 3450
manager or person exercising management and control of the 3451
building shall permit the sheriff to post copies of the notice 3452
under this division as the sheriff determines appropriate. In lieu 3453
of posting copies of the notice as described in this division, a 3454
sheriff may provide notice to all occupants of the multi-unit 3455
building by mail or personal contact; if the sheriff so notifies 3456
all the occupants, the sheriff is not required to post copies of 3457
the notice in the common entryways to the building. Division 3458
(D)(3) of this section applies regarding notices required under 3459
this division. 3460

       (d) All additional persons who are within any category of 3461
neighbors of the offender or delinquent child that the attorney 3462
general by rule adopted under section 2950.13 of the Revised Code 3463
requires to be provided the notice and who reside within the 3464
county served by the sheriff; 3465

       (2) The executive director of the public children services 3466
agency that has jurisdiction within the specified geographical 3467
notification area and that is located within the county served by 3468
the sheriff; 3469

       (3)(a) The superintendent of each board of education of a 3470
school district that has schools within the specified geographical 3471
notification area and that is located within the county served by 3472
the sheriff; 3473

       (b) The principal of the school within the specified 3474
geographical notification area and within the county served by the 3475
sheriff that the delinquent child attends; 3476

       (c) If the delinquent child attends a school outside of the 3477
specified geographical notification area or outside of the school 3478
district where the delinquent child resides, the superintendent of 3479
the board of education of a school district that governs the 3480
school that the delinquent child attends and the principal of the 3481
school that the delinquent child attends. 3482

       (4)(a) The appointing or hiring officer of each chartered 3483
nonpublic school located within the specified geographical 3484
notification area and within the county served by the sheriff or 3485
of each other school located within the specified geographical 3486
notification area and within the county served by the sheriff and 3487
that is not operated by a board of education described in division 3488
(A)(3) of this section; 3489

       (b) Regardless of the location of the school, the appointing 3490
or hiring officer of a chartered nonpublic school that the 3491
delinquent child attends. 3492

       (5) The director, head teacher, elementary principal, or site 3493
administrator of each preschool program governed by Chapter 3301. 3494
of the Revised Code that is located within the specified 3495
geographical notification area and within the county served by the 3496
sheriff; 3497

       (6) The administrator of each child day-care center or type A 3498
family day-care home that is located within the specified 3499
geographical notification area and within the county served by the 3500
sheriff, and the provider of each certified type B family day-care 3501
home that is located within the specified geographical 3502
notification area and within the county served by the sheriff. As 3503
used in this division, "child day-care center," "type A family 3504
day-care home," and "certified type B family day-care home" have 3505
the same meanings as in section 5104.01 of the Revised Code. 3506

       (7) The president or other chief administrative officer of 3507
each institution of higher education, as defined in section 3508
2907.03 of the Revised Code, that is located within the specified 3509
geographical notification area and within the county served by the 3510
sheriff, and the chief law enforcement officer of the state 3511
university law enforcement agency or campus police department 3512
established under section 3345.04 or 1713.50 of the Revised Code, 3513
if any, that serves that institution; 3514

       (8) The sheriff of each county that includes any portion of 3515
the specified geographical notification area; 3516

       (9) If the offender or delinquent child resides within the 3517
county served by the sheriff, the chief of police, marshal, or 3518
other chief law enforcement officer of the municipal corporation 3519
in which the offender or delinquent child resides or, if the 3520
offender or delinquent child resides in an unincorporated area, 3521
the constable or chief of the police department or police district 3522
police force of the township in which the offender or delinquent 3523
child resides. 3524

       (B) The notice required under division (A) of this section 3525
shall include all of the following information regarding the 3526
subject offender or delinquent child: 3527

       (1) The offender's or delinquent child's name; 3528

       (2) The address or addresses of the offender's residence, 3529
school, institution of higher education, or place of employment, 3530
as applicable, or the delinquent child's residence address or 3531
addresses; 3532

       (3) The sexually oriented offense or child-victim oriented 3533
offense of which the offender was convicted, to which the offender 3534
pleaded guilty, or for which the child was adjudicated a 3535
delinquent child; 3536

       (4) All of the following statements that are applicable: 3537

       (a) A statement that the offender has been adjudicated a 3538
sexual predator, a statement that the offender has been convicted 3539
of or pleaded guilty to an aggravated sexually oriented offense, a 3540
statement that the delinquent child has been adjudicated a sexual 3541
predator and that, as of the date of the notice, the court has not 3542
entered a determination that the delinquent child no longer is a 3543
sexual predator, or a statement that the sentencing or reviewing 3544
judge has determined that the offender or delinquent child is a 3545
habitual sex offender and that, as of the date of the notice, the 3546
determination regarding a delinquent child has not been removed 3547
pursuant to section 2152.84 or 2152.85 of the Revised Code; 3548

       (b) A statement that the offender has been adjudicated a 3549
child-victim predator, a statement that the delinquent child has 3550
been adjudicated a child-victim predator and that, as of the date 3551
of the notice, the court has not entered a determination that the 3552
delinquent child no longer is a child-victim predator, or a 3553
statement that the sentencing or reviewing judge has determined 3554
that the offender or delinquent child is a habitual child-victim 3555
offender and that, as of the date of the notice, the determination 3556
regarding a delinquent child has not been removed pursuant to 3557
section 2152.84 or 2152.85 of the Revised Code; 3558

       (5) The offender's or delinquent child's photograph. 3559

       (C) If a sheriff with whom an offender or delinquent child 3560
registers under section 2950.04, 2950.041, or 2950.05 of the 3561
Revised Code or to whom the offender or delinquent child most 3562
recently sent a notice of intent to reside under section 2950.04 3563
or 2950.041 of the Revised Code is required by division (A) of 3564
this section to provide notices regarding an offender or 3565
delinquent child and if, pursuant to that requirement, the sheriff 3566
provides a notice to a sheriff of one or more other counties in 3567
accordance with division (A)(8) of this section, the sheriff of 3568
each of the other counties who is provided notice under division 3569
(A)(8) of this section shall provide the notices described in 3570
divisions (A)(1) to (7) and (A)(9) of this section to each person 3571
or entity identified within those divisions that is located within 3572
the specified geographical notification area and within the county 3573
served by the sheriff in question. 3574

       (D)(1) A sheriff required by division (A) or (C) of this 3575
section to provide notices regarding an offender or delinquent 3576
child shall provide the notice to the neighbors that are described 3577
in division (A)(1) of this section and the notices to law 3578
enforcement personnel that are described in divisions (A)(8) and 3579
(9) of this section as soon as practicable, but no later than five 3580
days after the offender sends the notice of intent to reside to 3581
the sheriff and again no later than five days after the offender 3582
or delinquent child registers with the sheriff or, if the sheriff 3583
is required by division (C) of this section to provide the 3584
notices, no later than five days after the sheriff is provided the 3585
notice described in division (A)(8) of this section. 3586

       A sheriff required by division (A) or (C) of this section to 3587
provide notices regarding an offender or delinquent child shall 3588
provide the notices to all other specified persons that are 3589
described in divisions (A)(2) to (7) of this section as soon as 3590
practicable, but not later than seven days after the offender or 3591
delinquent child registers with the sheriff or, if the sheriff is 3592
required by division (C) of this section to provide the notices, 3593
no later than five days after the sheriff is provided the notice 3594
described in division (A)(8) of this section. 3595

       (2) If an offender or delinquent child in relation to whom 3596
division (A) of this section applies verifies the offender's or 3597
delinquent child's current residence, school, institution of 3598
higher education, or place of employment address, as applicable, 3599
with a sheriff pursuant to section 2950.06 of the Revised Code, 3600
the sheriff may provide a written notice containing the 3601
information set forth in division (B) of this section to the 3602
persons identified in divisions (A)(1) to (9) of this section. If 3603
a sheriff provides a notice pursuant to this division to the 3604
sheriff of one or more other counties in accordance with division 3605
(A)(8) of this section, the sheriff of each of the other counties 3606
who is provided the notice under division (A)(8) of this section 3607
may provide, but is not required to provide, a written notice 3608
containing the information set forth in division (B) of this 3609
section to the persons identified in divisions (A)(1) to (7) and 3610
(A)(9) of this section. 3611

       (3) A sheriff may provide notice under division (A)(1)(a) or 3612
(b) of this section, and may provide notice under division 3613
(A)(1)(c) of this section to a building manager or person 3614
authorized to exercise management and control of a building, by 3615
mail, by personal contact, or by leaving the notice at or under 3616
the entry door to a residential unit. For purposes of divisions 3617
(A)(1)(a) and (b) of this section, and the portion of division 3618
(A)(1)(c) of this section relating to the provision of notice to 3619
occupants of a multi-unit building by mail or personal contact, 3620
the provision of one written notice per unit is deemed as 3621
providing notice to all occupants of that unit. 3622

       (E) All information that a sheriff possesses regarding a 3623
sexual predator, a habitual sex offender, a child-victim predator, 3624
or a habitual child-victim offender that is described in division 3625
(B) of this section and that must be provided in a notice required 3626
under division (A) or (C) of this section or that may be provided 3627
in a notice authorized under division (D)(2) of this section is a 3628
public record that is open to inspection under section 149.43 of 3629
the Revised Code. 3630

        The sheriff shall not cause to be publicly disseminated by 3631
means of the internet any of the information described in this 3632
division that is provided by a sexual predator, habitual sex 3633
offender, child-victim predator, or habitual child-victim offender 3634
who is a juvenile offender registrant, except when the act that is 3635
the basis of the child's classification as a juvenile offender 3636
registrant is a violation of, or an attempt to commit a violation 3637
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that 3638
was committed with a purpose to gratify the sexual needs or 3639
desires of the child, a violation of section 2907.02 of the 3640
Revised Code, or an attempt to commit a violation of that section. 3641

       (F)(1) The duties to provide the notices described in 3642
divisions (A) and (C) of this section apply regarding any offender 3643
or delinquent child who is in any of the following categories, if 3644
the other criteria set forth in division (A) or (C) of this 3645
section, whichever is applicable, are satisfied: 3646

       (a) The offender or delinquent child has been adjudicated a 3647
sexual predator relative to the sexually oriented offense for 3648
which the offender or delinquent child has the duty to register 3649
under section 2950.04 of the Revised Code or has been adjudicated 3650
a child-victim predator relative to the child-victim oriented 3651
offense for which the offender or child has the duty to register 3652
under section 2950.041 of the Revised Code, and the court has not 3653
subsequently determined pursuant to section 2152.84 or 2152.85 of 3654
the Revised Code regarding a delinquent child that the delinquent 3655
child no longer is a sexual predator or no longer is a 3656
child-victim predator, whichever is applicable. 3657

       (b) The offender or delinquent child has been determined 3658
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, 3659
division (B) of section 2152.83, section 2152.84, or section 3660
2152.85 of the Revised Code to be a habitual sex offender or a 3661
habitual child-victim offender, the court has imposed a 3662
requirement under that division or section subjecting the habitual 3663
sex offender or habitual child-victim offender to this section, 3664
and the determination has not been removed pursuant to section 3665
2152.84 or 2152.85 of the Revised Code regarding a delinquent 3666
child. 3667

       (c) The sexually oriented offense for which the offender has 3668
the duty to register under section 2950.04 of the Revised Code is 3669
an aggravated sexually oriented offense, regardless of whether the 3670
offender has been adjudicated a sexual predator relative to the 3671
offense or has been determined to be a habitual sex offender. 3672

       (2) The notification provisions of this section do not apply 3673
regarding a person who is convicted of or pleads guilty to, has 3674
been convicted of or pleaded guilty to, or is adjudicated a 3675
delinquent child for committing, a sexually oriented offense or a 3676
child-victim oriented offense, who is not in the category 3677
specified in either division (F)(1)(a) or (c) of this section, and 3678
who is determined pursuant to division (C)(2) or (E) of section 3679
2950.09 or 2950.091, division (B) of section 2152.83, section 3680
2152.84, or section 2152.85 of the Revised Code to be a habitual 3681
sex offender or habitual child-victim offender unless the 3682
sentencing or reviewing court imposes a requirement in the 3683
offender's sentence and in the judgment of conviction that 3684
contains the sentence or in the delinquent child's adjudication, 3685
or imposes a requirement as described in division (C)(2) of 3686
section 2950.09 or 2950.091 of the Revised Code, that subjects the 3687
offender or the delinquent child to the provisions of this 3688
section. 3689

       (G) The department of job and family services shall compile, 3690
maintain, and update in January and July of each year, a list of 3691
all agencies, centers, or homes of a type described in division 3692
(A)(2) or (6) of this section that contains the name of each 3693
agency, center, or home of that type, the county in which it is 3694
located, its address and telephone number, and the name of an 3695
administrative officer or employee of the agency, center, or home. 3696
The department of education shall compile, maintain, and update in 3697
January and July of each year, a list of all boards of education, 3698
schools, or programs of a type described in division (A)(3), (4), 3699
or (5) of this section that contains the name of each board of 3700
education, school, or program of that type, the county in which it 3701
is located, its address and telephone number, the name of the 3702
superintendent of the board or of an administrative officer or 3703
employee of the school or program, and, in relation to a board of 3704
education, the county or counties in which each of its schools is 3705
located and the address of each such school. The Ohio board of 3706
regents shall compile, maintain, and update in January and July of 3707
each year, a list of all institutions of a type described in 3708
division (A)(7) of this section that contains the name of each 3709
such institution, the county in which it is located, its address 3710
and telephone number, and the name of its president or other chief 3711
administrative officer. A sheriff required by division (A) or (C) 3712
of this section, or authorized by division (D)(2) of this section, 3713
to provide notices regarding an offender or delinquent child, or a 3714
designee of a sheriff of that type, may request the department of 3715
job and family services, department of education, or Ohio board of 3716
regents, by telephone, in person, or by mail, to provide the 3717
sheriff or designee with the names, addresses, and telephone 3718
numbers of the appropriate persons and entities to whom the 3719
notices described in divisions (A)(2) to (7) of this section are 3720
to be provided. Upon receipt of a request, the department or board 3721
shall provide the requesting sheriff or designee with the names, 3722
addresses, and telephone numbers of the appropriate persons and 3723
entities to whom those notices are to be provided. 3724

       (H)(1) Upon the motion of the offender or the prosecuting 3725
attorney of the county in which the offender was convicted of or 3726
pleaded guilty to the sexually oriented offense or child-victim 3727
oriented offense for which the offender is subject to community 3728
notification under this section, or upon the motion of the 3729
sentencing judge or that judge's successor in office, the judge 3730
may schedule a hearing to determine whether the interests of 3731
justice would be served by suspending the community notification 3732
requirement under this section in relation to the offender. The 3733
judge may dismiss the motion without a hearing but may not issue 3734
an order suspending the community notification requirement without 3735
a hearing. At the hearing, all parties are entitled to be heard, 3736
and the judge shall consider all of the factors set forth in 3737
division (B)(3) of section 2950.09 of the Revised Code. If, at the 3738
conclusion of the hearing, the judge finds that the offender has 3739
proven by clear and convincing evidence that the offender is 3740
unlikely to commit in the future a sexually oriented offense or a 3741
child-victim oriented offense and if the judge finds that 3742
suspending the community notification requirement is in the 3743
interests of justice, the judge may suspend the application of 3744
this section in relation to the offender. The order shall contain 3745
both of these findings. 3746

       The judge promptly shall serve a copy of the order upon the 3747
sheriff with whom the offender most recently registered under 3748
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon 3749
the bureau of criminal identification and investigation. 3750

        An order suspending the community notification requirement 3751
does not suspend or otherwise alter an offender's duties to comply 3752
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 3753
Revised Code and does not suspend the victim notification 3754
requirement under section 2950.10 of the Revised Code. 3755

        (2) A prosecuting attorney, a sentencing judge or that 3756
judge's successor in office, and an offender who is subject to the 3757
community notification requirement under this section may 3758
initially make a motion under division (H)(1) of this section upon 3759
the expiration of twenty years after the offender's duty to comply 3760
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 3761
Revised Code begins in relation to the offense for which the 3762
offender is subject to community notification. After the initial 3763
making of a motion under division (H)(1) of this section, 3764
thereafter, the prosecutor, judge, and offender may make a 3765
subsequent motion under that division upon the expiration of five 3766
years after the judge has entered an order denying the initial 3767
motion or the most recent motion made under that division. 3768

        (3) The offender and the prosecuting attorney have the right 3769
to appeal an order approving or denying a motion made under 3770
division (H)(1) of this section. 3771

        (4) ~~Division~~Divisions (H)(1) to (3) of this section ~~does~~do 3772
not apply to any of the following types of offender: 3773

        (a) A person who is convicted of or pleads guilty to a 3774
violent sex offense or designated homicide, assault, or kidnapping 3775
offense and who, in relation to that offense, is adjudicated a 3776
sexually violent predator; 3777

        (b) A person who is convicted of or pleads guilty to a 3778
sexually oriented offense that is a violation of division 3779
(A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) of 3780
section 2907.05 of the Revised Code that the person committed on 3781
or after the effective date of this amendment. 3782

       (c) A habitual sex offender or habitual child-victim oriented 3783
offender who is subject to community notification who, subsequent 3784
to being subjected to community notification, has pleaded guilty 3785
to or been convicted of a sexually oriented offense or a 3786
child-victim oriented offense; 3787

       ~~(c)~~(d) A sexual predator or child-victim predator who is not 3788
adjudicated a sexually violent predator who, subsequent to being 3789
subjected to community notification, has pleaded guilty to or been 3790
convicted of a sexually oriented offense or child-victim oriented 3791
offense. 3792

       Sec. 2967.12. (A) Except as provided in division (G) of this 3793
section, at least three weeks before the adult parole authority 3794
recommends any pardon or commutation of sentence, or grants any 3795
parole, the authority shall send a notice of the pendency of the 3796
pardon, commutation, or parole, setting forth the name of the 3797
person on whose behalf it is made, the offense of which the person 3798
was convicted or to which the person pleaded guilty, the time of 3799
conviction or the guilty plea, and the term of the person's 3800
sentence, to the prosecuting attorney and the judge of the court 3801
of common pleas of the county in which the indictment against the 3802
person was found. If there is more than one judge of that court of 3803
common pleas, the authority shall send the notice to the presiding 3804
judge. The department of rehabilitation and correction, at the 3805
same time that it provides the notice to the prosecuting attorney 3806
and judge under this division, also shall post on the database it 3807
maintains pursuant to section 5120.66 of the Revised Code the 3808
offender's name and all of the information specified in division 3809
(A)(1)(c)(iii) of that section. 3810

       (B) If a request for notification has been made pursuant to 3811
section 2930.16 of the Revised Code, the adult parole authority 3812
also shall give notice to the victim or the victim's 3813
representative prior to recommending any pardon or commutation of 3814
sentence for, or granting any parole to, the person. The authority 3815
shall provide the notice at the same time as the notice required 3816
by division (A) of this section and shall include in the notice 3817
the information required to be set forth in that notice. The 3818
notice also shall inform the victim or the victim's representative 3819
that the victim or representative may send a written statement 3820
relative to the victimization and the pending action to the adult 3821
parole authority and that, if the authority receives any written 3822
statement prior to recommending a pardon or commutation or 3823
granting a parole for a person, the authority will consider the 3824
statement before it recommends a pardon or commutation or grants a 3825
parole. If the person is being considered for parole, the notice 3826
shall inform the victim or the victim's representative that a full 3827
board hearing of the parole board may be held and that the victim 3828
or victim's representative may contact the office of victims' 3829
services for further information. If the person being considered 3830
for parole was convicted of or pleaded guilty to violating section 3831
2903.01 or 2903.02 of the Revised Code, the notice shall inform 3832
the victim of that offense, the victim's representative, or a 3833
member of the victim's immediate family that the victim, the 3834
victim's representative, and the victim's immediate family have 3835
the right to give testimony at a full board hearing of the parole 3836
board and that the victim or victim's representative may contact 3837
the office of victims' services for further information. As used 3838
in this division, "the victim's immediate family" means the 3839
mother, father, spouse, sibling, or child of the victim. 3840

       (C) When notice of the pendency of any pardon, commutation of 3841
sentence, or parole has been given to a judge or prosecutor or 3842
posted on the database as provided in division (A) of this section 3843
and a hearing on the pardon, commutation, or parole is continued 3844
to a date certain, the authority shall provide notice of the 3845
further consideration of the pardon, commutation, or parole at 3846
least ten days before the further consideration. The notice of the 3847
further consideration shall be provided to the proper judge and 3848
prosecuting attorney by mail at least ten days before the further 3849
consideration, and, if the initial notice was posted on the 3850
database as provided in division (A) of this section, the notice 3851
of the further consideration shall be posted on the database at 3852
least ten days before the further consideration. When notice of 3853
the pendency of any pardon, commutation, or parole has been given 3854
as provided in division (B) of this section and the hearing on it 3855
is continued to a date certain, the authority shall give notice of 3856
the further consideration to the victim or the victim's 3857
representative in accordance with section 2930.03 of the Revised 3858
Code. 3859

       (D) In case of an application for the pardon or commutation 3860
of sentence of a person sentenced to capital punishment, the 3861
governor may modify the requirements of notification and 3862
publication if there is not sufficient time for compliance with 3863
the requirements before the date fixed for the execution of 3864
sentence. 3865

       (E) If an offender is serving a prison term imposed under 3866
division (A)(3) or (B) of section 2971.03 of the Revised Code and 3867
if the parole board terminates its control over the offender's 3868
service of that term pursuant to section 2971.04 of the Revised 3869
Code, the parole board immediately shall provide written notice of 3870
its termination of control or the transfer of control to the 3871
entities and persons specified in section 2971.04 of the Revised 3872
Code. 3873

       (F) The failure of the adult parole authority to comply with 3874
the notice or posting provisions of division (A), (B), or (C) of 3875
this section or the failure of the parole board to comply with the 3876
notice provisions of division (E) of this section do not give any 3877
rights or any grounds for appeal or post-conviction relief to the 3878
person serving the sentence. 3879

       (G) Divisions (A), (B), and (C) of this section do not apply 3880
to any release of a person that is of the type described in 3881
division (B)(2)(b) of section 5120.031 of the Revised Code. 3882

       (H) In addition to and independent of the right of a victim 3883
to make a statement as described in division (A) of this section 3884
or pursuant to section 2930.17 of the Revised Code or to otherwise 3885
make a statement, the authority for a judge or prosecuting 3886
attorney to furnish statements and information, make 3887
recommendations, and give testimony as described in division (A) 3888
of this section, the right of a prosecuting attorney, judge, or 3889
victim to give testimony or submit a statement at a full parole 3890
board hearing pursuant to section 5149.101 of the Revised Code, 3891
and any other right or duty of a person to present information or 3892
make a statement, any person may send to the adult parole 3893
authority at any time prior to the authority's recommending a 3894
pardon or commutation or granting a parole for the offender a 3895
written statement relative to the offense and the pending action. 3896

       Sec. 2967.121. (A) Subject to division (C) of this section, 3897
at least two weeks before any convict who is serving a sentence 3898
for committing a felony of the first, second, or third degree is 3899
released from confinement in any state correctional institution 3900
pursuant to a pardon, commutation of sentence, parole, or 3901
completed prison term, the adult parole authority shall send 3902
notice of the release to the prosecuting attorney of the county in 3903
which the indictment of the convict was found. 3904

       (B) The notice required by division (A) of this section may 3905
be contained in a weekly list of all felons of the first, second, 3906
or third degree who are scheduled for release. The notice shall 3907
contain all of the following: 3908

       (1) The name of the convict being released; 3909

       (2) The date of the convict's release; 3910

       (3) The offense for the violation of which the convict was 3911
convicted and incarcerated; 3912

       (4) The date of the convict's conviction pursuant to which 3913
the convict was incarcerated; 3914

       (5) The sentence imposed for that conviction; 3915

       (6) The length of any supervision that the convict will be 3916
under; 3917

       (7) The name, business address, and business phone number of 3918
the convict's supervising officer; 3919

       (8) The address at which the convict will reside. 3920

       (C) Divisions (A) and (B) of this section do not apply to the 3921
release from confinement of an offender if the offender is serving 3922
a prison term imposed under division (A)(3) or (B) of section 3923
2971.03 of the Revised Code, if the court pursuant to section 3924
2971.05 of the Revised Code modifies the requirement that the 3925
offender serve that entire term in a state correctional 3926
institution, and if the release from confinement is pursuant to 3927
that modification. In a case of that type, the court that modifies 3928
the requirement promptly shall provide written notice of the 3929
modification and the order that modifies the requirement or 3930
revises the modification to the offender, the department of 3931
rehabilitation and correction, the prosecuting attorney, and any 3932
state agency or political subdivision that is affected by the 3933
order. 3934

       Sec. 2971.03. (A) Notwithstanding divisions (A), (B), (C), 3935
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06, 3936
2929.13, or another section of the Revised Code, other than 3937
divisions (D) and (E) of section 2929.14 of the Revised Code, that 3938
authorizes or requires a specified prison term or a mandatory 3939
prison term for a person who is convicted of or pleads guilty to a 3940
felony or that specifies the manner and place of service of a 3941
prison term or term of imprisonment, the court shall impose a 3942
sentence upon a person who is convicted of or pleads guilty to a 3943
violent sex offense and who also is convicted of or pleads guilty 3944
to a sexually violent predator specification that was included in 3945
the indictment, count in the indictment, or information charging 3946
that offense, and upon a person who is convicted of or pleads 3947
guilty to a designated homicide, assault, or kidnapping offense 3948
and also is convicted of or pleads guilty to both a sexual 3949
motivation specification and a sexually violent predator 3950
specification that were included in the indictment, count in the 3951
indictment, or information charging that offense, as follows: 3952

       (1) If the offense for which the sentence is being imposed is 3953
aggravated murder and if the court does not impose upon the 3954
offender a sentence of death, it shall impose upon the offender a 3955
term of life imprisonment without parole. If the court sentences 3956
the offender to death and the sentence of death is vacated, 3957
overturned, or otherwise set aside, the court shall impose upon 3958
the offender a term of life imprisonment without parole. 3959

       (2) If the offense for which the sentence is being imposed is 3960
murder, if the offense is rape committed in violation of division 3961
(A)(1)(b) of section 2907.02 of the Revised Code when the offender 3962
purposely compelled the victim to submit by force or threat of 3963
force or when the victim was less than ten years of age, if the 3964
offense is rape committed in violation of division (A)(1)(b) of 3965
section 2907.02 of the Revised Code and the offender previously 3966
has been convicted of or pleaded guilty to either rape committed 3967
in violation of that division or a violation of a law of another 3968
state or the United States that is substantially similar to 3969
division (A)(1)(b) of section 2907.02 of the Revised Code or the 3970
offender during or immediately after the commission of the rape 3971
caused serious physical harm to the victim, or if the offense is 3972
an offense other than aggravated murder or murder for which a term 3973
of life imprisonment may be imposed, it shall impose upon the 3974
offender a term of life imprisonment without parole. 3975

       (3)(a) Except as otherwise provided in division (A)(3)(b), 3976
(c), or (d), or (e) or (A)(4) of this section, if the offense for 3977
which the sentence is being imposed is an offense other than 3978
aggravated murder, other than murder, or, other than rape 3979
committed in violation of division (A)(1)(b) of section 2907.02 of 3980
the Revised Code when the offender purposely compelled the victim 3981
to submit by force or threat of force or when the victim was less 3982
than ten years of age, other than rape committed in violation of 3983
division (A)(1)(b) of section 2907.02 of the Revised Code when the 3984
offender previously has been convicted of or has pleaded guilty to 3985
either rape committed in violation of that division or a violation 3986
of a law of another state or the United States that is 3987
substantially similar to division (A)(1)(b) of section 2907.02 of 3988
the Revised Code or when the offender during or immediately after 3989
the commission of the rape caused serious physical harm to the 3990
victim, and other than an offense for which a term of life 3991
imprisonment may be imposed, it shall impose an indefinite prison 3992
term consisting of a minimum term fixed by the court from among 3993
the range of terms available as a definite term for the offense, 3994
but not less than two years, and a maximum term of life 3995
imprisonment. 3996

       (b) Except as otherwise provided in division (A)(4) of this 3997
section, if the offense for which the sentence is being imposed is 3998
kidnapping that is a felony of the first degree, it shall impose 3999
an indefinite prison term consisting of a minimum term fixed by 4000
the court that is not less than ten years, and a maximum term of 4001
life imprisonment. 4002

        (c) Except as otherwise provided in division (A)(4) of this 4003
section, if the offense for which the sentence is being imposed is 4004
kidnapping that is a felony of the second degree, it shall impose 4005
an indefinite prison term consisting of a minimum term fixed by 4006
the court that is not less than eight years, and a maximum term of 4007
life imprisonment. 4008

       (d) Except as otherwise provided in division (A)(4) of this 4009
section, if the offense for which the sentence is being imposed is 4010
rape for which a term of life imprisonment is not imposed under 4011
~~section 2907.02 of the Revised Code or~~ division (A)(2) of this 4012
section or division (B) of section 2907.02 of the Revised Code, it 4013
shall impose an indefinite prison term as follows: 4014

       (i) If the rape is committed on or after the effective date 4015
of this amendment in violation of division (A)(1)(b) or (A)(2) of 4016
section 2907.02 of the Revised Code, it shall impose an indefinite 4017
prison term consisting of a minimum term of twenty-five years and 4018
a maximum term of life imprisonment. 4019

       (ii) If the rape is committed prior to the effective date of 4020
this amendment or the rape is committed on or after the effective 4021
date of this amendment other than in violation of division 4022
(A)(1)(b) or (A)(2) of section 2907.02 of the Revised Code, it 4023
shall impose an indefinite prison term consisting of a minimum 4024
term fixed by the court that is not less than ten years, and a 4025
maximum term of life imprisonment. 4026

       (e) Except as otherwise provided in division (A)(4) of this 4027
section, if the offense for which the sentence is being imposed is 4028
gross sexual imposition in violation of division (A)(4) of section 4029
2907.05 of the Revised Code that the person committed on or after 4030
the effective date of this amendment, it shall impose an 4031
indefinite prison term as follows: 4032

       (i) Except as otherwise provided in division (A)(3)(e)(ii) of 4033
this section, it shall impose an indefinite prison term consisting 4034
of a minimum term of fifteen years and a maximum term of life 4035
imprisonment. 4036

       (ii) If the offender previously has been convicted of or 4037
pleaded guilty to a violation of section 2907.05 of the Revised 4038
Code, it shall impose an indefinite prison term consisting of a 4039
minimum term of twenty-five years and a maximum term of life 4040
imprisonment. 4041

       (4) For any offense for which the sentence is being imposed, 4042
if the offender previously has been convicted of or pleaded guilty 4043
to a violent sex offense and also to a sexually violent predator 4044
specification that was included in the indictment, count in the 4045
indictment, or information charging that offense, or previously 4046
has been convicted of or pleaded guilty to a designated homicide, 4047
assault, or kidnapping offense and also to both a sexual 4048
motivation specification and a sexually violent predator 4049
specification that were included in the indictment, count in the 4050
indictment, or information charging that offense, it shall impose 4051
upon the offender a term of life imprisonment without parole. 4052

       (B) Notwithstanding section 2929.13, division (A), (B), (C), 4053
or (F) of section 2929.14, or another section of the Revised Code 4054
other than division (B) of section 2907.02 or divisions (D) and 4055
(E) of section 2929.14 of the Revised Code that authorizes or 4056
requires a specified prison term or a mandatory prison term for a 4057
person who is convicted of or pleads guilty to a felony or that 4058
specifies the manner and place of service of a prison term or term 4059
of imprisonment, if a person is convicted of or pleads guilty to a 4060
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or 4061
division (A)(4) of section 2907.05 of the Revised Code that the 4062
person committed on or after the effective date of this amendment, 4063
if division (A) of this section does not apply regarding the 4064
person, and if the court does not impose a sentence of life 4065
without parole when authorized pursuant to division (B) of section 4066
2907.02 of the Revised Code, the court shall impose upon the 4067
person an indefinite prison term as follows: 4068

       (1) If the offense for which the sentence is being imposed is 4069
rape in violation of division (A)(1)(b) or (A)(2) of section 4070
2907.02 of the Revised Code, it shall impose an indefinite prison 4071
term consisting of a minimum term of twenty-five years and a 4072
maximum term of life imprisonment. 4073

       (2) Except as otherwise provided in division (B)(3) of this 4074
section, if the offense for which the sentence is being imposed is 4075
gross sexual imposition in violation of division (A)(4) of section 4076
2907.05 of the Revised Code, it shall impose an indefinite prison 4077
term consisting of a minimum term of fifteen years and a maximum 4078
term of life imprisonment. 4079

       (3) If the offense for which the sentence is being imposed is 4080
gross sexual imposition in violation of division (A)(4) of section 4081
2907.05 of the Revised Code and the offender previously has been 4082
convicted of or pleaded guilty to a violation of section 2907.05 4083
of the Revised Code, it shall impose an indefinite prison term 4084
consisting of a minimum term of twenty-five years and a maximum 4085
term of life imprisonment. 4086

       (C)(1) If the offender is sentenced to a prison term pursuant 4087
to division (A)(3) of this section, the parole board shall have 4088
control over the offender's service of the term during the entire 4089
term unless the parole board terminates its control in accordance 4090
with section 2971.04 of the Revised Code. 4091

       ~~(C)(1)~~(2) Except as provided in division (C)~~(2)~~(3) of this 4092
section, an offender sentenced to a prison term or term of life 4093
imprisonment without parole pursuant to division (A) of this 4094
section shall serve the entire prison term or term of life 4095
imprisonment in a state correctional institution. The offender is 4096
not eligible for judicial release under section 2929.20 of the 4097
Revised Code. 4098

       ~~(2)~~(3) For a prison term imposed pursuant to division (A)(3) 4099
or (B) of this section, the court, in accordance with section 4100
2971.05 of the Revised Code, may terminate the prison term or 4101
modify the requirement that the offender serve the entire term in 4102
a state correctional institution if all of the following apply: 4103

       (a) The offender has served at least the minimum term imposed 4104
as part of that prison term. 4105

       (b) The parole board, pursuant to section 2971.04 of the 4106
Revised Code, has terminated its control over the offender's 4107
service of that prison term. 4108

       (c) The court has held a hearing and found, by clear and 4109
convincing evidence, one of the following: 4110

       (i) In the case of termination of the prison term, that the 4111
offender is unlikely to commit a sexually violent offense in the 4112
future; 4113

       (ii) In the case of modification of the requirement, that the 4114
offender does not represent a substantial risk of physical harm to 4115
others. 4116

       ~~(3)~~(4) An offender who has been sentenced to a term of life 4117
imprisonment without parole pursuant to division (A)(1), (2), or 4118
(4) of this section shall not be released from the term of life 4119
imprisonment or be permitted to serve a portion of it in a place 4120
other than a state correctional institution. 4121

       (D) If a court sentences an offender to a prison term or term 4122
of life imprisonment without parole pursuant to division (A) of 4123
this section and the court also imposes on the offender one or 4124
more additional prison terms pursuant to division (D) of section 4125
2929.14 of the Revised Code, all of the additional prison terms 4126
shall be served consecutively with, and prior to, the prison term 4127
or term of life imprisonment without parole imposed upon the 4128
offender pursuant to division (A) of this section. 4129

       (E) If the offender is convicted of or pleads guilty to two 4130
or more offenses for which a prison term or term of life 4131
imprisonment without parole is required to be imposed pursuant to 4132
division (A) of this section, divisions (A) to (D) of this section 4133
shall be applied for each offense. All minimum terms imposed upon 4134
the offender pursuant to division (A)(3) or (B) of this section 4135
for those offenses shall be aggregated and served consecutively, 4136
as if they were a single minimum term imposed under that division. 4137

       (F) If an offender is convicted of or pleads guilty to a 4138
violent sex offense and also is convicted of or pleads guilty to a 4139
sexually violent predator specification that was included in the 4140
indictment, count in the indictment, or information charging that 4141
offense, or is convicted of or pleads guilty to a designated 4142
homicide, assault, or kidnapping offense and also is convicted of 4143
or pleads guilty to both a sexual motivation specification and a 4144
sexually violent predator specification that were included in the 4145
indictment, count in the indictment, or information charging that 4146
offense, the conviction of or plea of guilty to the offense and 4147
the sexually violent predator specification automatically 4148
classifies the offender as a sexual predator for purposes of 4149
Chapter 2950. of the Revised Code. If an offender is convicted of 4150
or pleads guilty to committing on or after the effective date of 4151
this amendment a violation of division (A)(1)(b) or (A)(2) of 4152
section 2907.02 or division (A)(4) of section 2907.05 of the 4153
Revised Code, the conviction of or plea of guilty to the offense 4154
automatically classifies the offender as a sexual predator for 4155
purposes of Chapter 2950. of the Revised Code. The classification 4156
pursuant to this division of ~~the~~an offender as a sexual predator 4157
for purposes of ~~that chapter~~Chapter 2950. of the Revised Code is 4158
permanent and continues until the offender's death as described in 4159
division (D)(2) of section 2950.09 of the Revised Code. 4160

       Sec. 2971.04. (A) If an offender is serving a prison term 4161
imposed under division (A)(3) or (B) of section 2971.03 of the 4162
Revised Code, at any time after the offender has served the 4163
minimum term imposed under that sentence, the parole board may 4164
terminate its control over the offender's service of the prison 4165
term. The parole board initially shall determine whether to 4166
terminate its control over the offender's service of the prison 4167
term upon the completion of the offender's service of the minimum 4168
term under the sentence and shall make subsequent determinations 4169
at least once every two years after that first determination. The 4170
parole board shall not terminate its control over the offender's 4171
service of the prison term unless it finds at a hearing that the 4172
offender does not represent a substantial risk of physical harm to 4173
others. Prior to determining whether to terminate its control over 4174
the offender's service of the prison term, the parole board shall 4175
request the department of rehabilitation and correction to prepare 4176
pursuant to section 5120.61 of the Revised Code an update of the 4177
most recent risk assessment and report relative to the offender. 4178
The offender has the right to be present at any hearing held under 4179
this section. At the hearing, the offender and the prosecuting 4180
attorney may make a statement and present evidence as to whether 4181
the parole board should terminate its control over the offender's 4182
service of the prison term. In making its determination as to 4183
whether to terminate its control over the offender's service of 4184
the prison term, the parole board may follow the standards and 4185
guidelines adopted by the department of rehabilitation and 4186
correction under section 5120.49 of the Revised Code and shall 4187
consider the updated risk assessment and report relating to the 4188
offender prepared by the department pursuant to section 5120.61 of 4189
the Revised Code in response to the request made under this 4190
division and any statements or evidence submitted by the offender 4191
or the prosecuting attorney. If the parole board terminates its 4192
control over an offender's service of a prison term imposed under 4193
division (A)(3) or (B) of section 2971.03 of the Revised Code, it 4194
shall recommend to the court modifications to the requirement that 4195
the offender serve the entire term in a state correctional 4196
institution. The court is not bound by the recommendations 4197
submitted by the parole board. 4198

       (B) If the parole board terminates its control over an 4199
offender's service of a prison term imposed pursuant to division 4200
(A)(3) or (B) of section 2971.03 of the Revised Code, the parole 4201
board immediately shall provide written notice of its termination 4202
of control to the department of rehabilitation and correction, the 4203
court, and the prosecuting attorney, and, after the board's 4204
termination of its control, the court shall have control over the 4205
offender's service of that prison term. 4206

       After the transfer, the court shall have control over the 4207
offender's service of that prison term for the offender's entire 4208
life, subject to the court's termination of the term pursuant to 4209
section 2971.05 of the Revised Code. 4210

       (C) If control over the offender's service of the prison term 4211
is transferred to the court, all of the following apply: 4212

       (1) The offender shall not be released solely as a result of 4213
the transfer of control over the service of that prison term. 4214

       (2) The offender shall not be permitted solely as a result of 4215
the transfer to serve a portion of that term in a place other than 4216
a state correctional institution. 4217

       (3) The offender shall continue serving that term in a state 4218
correctional institution, subject to the following: 4219

       (a) A release pursuant to a pardon, commutation, or reprieve; 4220

       (b) A modification or termination of the term by the court 4221
pursuant to this chapter. 4222

       Sec. 2971.05. (A)(1) After control over an offender's 4223
service of a prison term imposed pursuant to division (A)(3) or 4224
(B) of section 2971.03 of the Revised Code has been transferred 4225
pursuant to section 2971.04 of the Revised Code to the court, the 4226
court shall schedule, within thirty days of any of the following, 4227
a hearing on whether to modify in accordance with division (C) of 4228
this section the requirement that the offender serve the entire 4229
prison term in a state correctional institution or to terminate 4230
the prison term in accordance with division (D) of this section: 4231

       (a) Control over the offender's service of a prison term is 4232
transferred pursuant to section 2971.04 of the Revised Code to the 4233
court, and no hearing to modify the requirement has been held; 4234

       (b) Two years elapse after the most recent prior hearing held 4235
pursuant to division (A)(1) or (2) of this section; 4236

       (c) The prosecuting attorney, the department of 4237
rehabilitation and correction, or the adult parole authority 4238
requests the hearing, and recommends that the requirement be 4239
modified or that the offender's prison term be terminated. 4240

       (2) After control over the offender's service of a prison 4241
term has been transferred pursuant to section 2971.04 of the 4242
Revised Code to the court, the court, within thirty days of either 4243
of the following, shall conduct a hearing on whether to modify in 4244
accordance with division (C) of this section the requirement that 4245
the offender serve the entire prison term in a state correctional 4246
institution, whether to continue, revise, or revoke an existing 4247
modification of that requirement, or whether to terminate the term 4248
in accordance with division (D) of this section: 4249

       (a) The requirement that the offender serve the entire prison 4250
term in a state correctional institution has been modified, and 4251
the offender is taken into custody for any reason. 4252

       (b) The department of rehabilitation and correction or the 4253
prosecuting attorney notifies the court pursuant to section 4254
2971.06 of the Revised Code regarding a known or suspected 4255
violation of a term or condition of the modification or a belief 4256
that there is a substantial likelihood that the offender has 4257
committed or is about to commit a sexually violent offense. 4258

       (3) After control over the offender's service of a prison 4259
term has been transferred pursuant to section 2971.04 of the 4260
Revised Code to the court, the court, in any of the following 4261
circumstances, may conduct a hearing within thirty days to 4262
determine whether to modify in accordance with division (C) of 4263
this section the requirement that the offender serve the entire 4264
prison term in a state correctional institution, whether to 4265
continue, revise, or revoke an existing modification of that 4266
requirement, or whether to terminate the sentence in accordance 4267
with division (D) of this section: 4268

       (a) The offender requests the hearing; 4269

       (b) Upon the court's own motion; 4270

       (c) One or more examiners who have conducted a psychological 4271
examination and assessment of the offender file a statement that 4272
states that there no longer is a likelihood that the offender will 4273
engage in the future in a sexually violent offense. 4274

       (B)(1) Before a court holds a hearing pursuant to division 4275
(A) of this section, the court shall provide notice of the date, 4276
time, place, and purpose of the hearing to the offender, the 4277
prosecuting attorney, the department of rehabilitation and 4278
correction, and the adult parole authority and shall request the 4279
department to prepare pursuant to section 5120.61 of the Revised 4280
Code an update of the most recent risk assessment and report 4281
relative to the offender. The offender has the right to be 4282
present at any hearing held under this section. At the hearing, 4283
the offender and the prosecuting attorney may make a statement and 4284
present evidence as to whether the requirement that the offender 4285
serve the entire prison term in a state correctional institution 4286
should or should not be modified, whether the existing 4287
modification of the requirement should be continued, revised, or 4288
revoked, and whether the prison term should or should not be 4289
terminated. 4290

       (2) At a hearing held pursuant to division (A) of this 4291
section, the court may and, if the hearing is held pursuant to 4292
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall 4293
determine by clear and convincing evidence whether the offender is 4294
unlikely to commit a sexually violent offense in the future. 4295

       (3) At the conclusion of the hearing held pursuant to 4296
division (A) of this section, the court may order that the 4297
requirement that the offender serve the entire prison term in a 4298
state correctional institution be continued, that the requirement 4299
be modified pursuant to division (C) of this section, that an 4300
existing modification be continued, revised, or revoked pursuant 4301
to division (C) of this section, or that the prison term be 4302
terminated pursuant to division (D) of this section. 4303

       (C)(1) If, at the conclusion of a hearing held pursuant to 4304
division (A) of this section, the court determines by clear and 4305
convincing evidence that the offender will not represent a 4306
substantial risk of physical harm to others, the court may modify 4307
the requirement that the offender serve the entire prison term 4308
imposed under division (A)(3) or (B) of section 2971.03 of the 4309
Revised Code in a state correctional institution in a manner that 4310
the court considers appropriate. If the court modifies the 4311
requirement~~, the offender is subject to~~for an offender whose 4312
prison term was imposed pursuant to division (A)(3) of section 4313
2971.03 of the Revised Code, the court shall order the adult 4314
parole authority to supervise the offender and shall require that 4315
the authority's supervision ~~under~~of the offender be pursuant to 4316
division (E) of this section. If the court modifies the 4317
requirement for an offender whose prison term was imposed pursuant 4318
to division (B) of section 2971.03 of the Revised Code, the court 4319
shall order the adult parole authority to supervise the offender 4320
and may require that the authority's supervision of the offender 4321
be pursuant to division (E) of this section. 4322

       (2) The modification of the requirement does not terminate 4323
the prison term but serves only to suspend the requirement that 4324
the offender serve the entire term in a state correctional 4325
institution. The prison term shall remain in effect for the 4326
offender's entire life unless the court terminates the prison term 4327
pursuant to division (D) of this section. The offender shall 4328
remain under the jurisdiction of the court for the offender's 4329
entire life unless the court so terminates the prison term. The 4330
modification of the requirement does not terminate the 4331
classification of the offender, as described in division (F) of 4332
section 2971.03 of the Revised Code, as a sexual predator for 4333
purposes of Chapter 2950. of the Revised Code, and the offender is 4334
subject to supervision, including supervision under division (E) 4335
of this section if the court required the supervision of the 4336
offender to be pursuant to that division. 4337

       (3) If the court revokes the modification under 4338
consideration, the court shall order that the offender be returned 4339
to the custody of the department of rehabilitation and correction 4340
to continue serving the prison term to which the modification 4341
applied, and section 2971.06 of the Revised Code applies regarding 4342
the offender. 4343

       (D)(1) If, at the conclusion of a hearing held pursuant to 4344
division (A) of this section, the court determines by clear and 4345
convincing evidence that the offender is unlikely to commit a 4346
sexually violent offense in the future, the court may terminate 4347
the offender's prison term imposed under division (A)(3) or (B) of 4348
section 2971.03 of the Revised Code, subject to the offender 4349
satisfactorily completing the period of conditional release 4350
required by this division and, if applicable, compliance with 4351
division (E) of this section. If the court terminates the prison 4352
term, the court shall place the offender on conditional release 4353
for five years, ~~require the offender to comply with division (E)~~ 4354
~~of this section,~~ notify the adult parole authority of its 4355
determination and of the termination of the prison term, and order 4356
the adult parole authority to supervise the offender during the 4357
five-year period of conditional release ~~and~~or, if division (E) 4358
applies to the offender, to supervise the offender pursuant to and 4359
for the period of time specified in that division. If the court 4360
terminates the prison term for an offender whose prison term was 4361
imposed pursuant to division (A)(3) of section 2971.03 of the 4362
Revised Code, the court shall require that the authority's 4363
supervision of the offender be pursuant to division (E) of this 4364
section. If the court terminates the prison term for an offender 4365
whose prison term was imposed pursuant to division (B) of section 4366
2971.03 of the Revised Code, the court may require that the 4367
authority's supervision of the offender be pursuant to division 4368
(E) of this section. Upon receipt of a notice from a court 4369
pursuant to this division, the adult parole authority shall 4370
supervise the offender who is the subject of the notice during the 4371
five-year period of conditional release, periodically notify the 4372
court of the offender's activities during that five-year period of 4373
conditional release, and file with the court no later than thirty 4374
days prior to the expiration of the five-year period of 4375
conditional release a written recommendation as to whether the 4376
termination of the offender's prison term should be finalized, 4377
whether the period of conditional release should be extended, or 4378
whether another type of action authorized pursuant to this chapter 4379
should be taken. 4380

       (2) Upon receipt of a recommendation of the adult parole 4381
authority filed pursuant to ~~this~~ division (D)(1) of this section, 4382
the court shall hold a hearing to determine whether to finalize 4383
the termination of the offender's prison term, to extend the 4384
period of conditional release, or to take another type of action 4385
authorized pursuant to this chapter. The court shall hold the 4386
hearing no later than the date on which the five-year period of 4387
conditional release terminates and shall provide notice of the 4388
date, time, place, and purpose of the hearing to the offender and 4389
to the prosecuting attorney. At the hearing, the offender, the 4390
prosecuting attorney, and the adult parole authority employee who 4391
supervised the offender during the period of conditional release 4392
may make a statement and present evidence. 4393

       ~~(2)~~ If the court determines at the hearing to extend an 4394
offender's period of conditional release, it may do so for 4395
additional periods of one year in the same manner as the original 4396
period of conditional release, and, except as otherwise described 4397
in this division, all procedures and requirements that applied to 4398
the original period of conditional release apply to the additional 4399
period of extended conditional release unless the court modifies a 4400
procedure or requirement. If an offender's period of conditional 4401
release is extended as described in this division, all references 4402
to a five-year period of conditional release that are contained in 4403
division (D)(1) of this section shall be construed, in applying 4404
the provisions of that division to the extension, as being 4405
references to the one-year period of the extension of the 4406
conditional release. 4407

       If the court determines at the hearing to take another type 4408
of action authorized pursuant to this chapter, it may do so in the 4409
same manner as if the action had been taken at any other stage of 4410
the proceedings under this chapter. As used in this division, 4411
"another type of action" includes the revocation of the 4412
conditional release and the return of the offender to a state 4413
correctional institution to continue to serve the prison term. 4414

       If the court determines at the hearing to finalize the 4415
termination of the offender's prison term, it shall notify the 4416
department of rehabilitation and correction, the department shall 4417
enter into its records a final release and issue to the offender a 4418
certificate of final release, and the prison term thereafter shall 4419
be considered completed and terminated in every way. 4420

       (3) The termination of ~~the~~an offender's prison term pursuant 4421
to division (D)(1) or (2) of this section does not affect the 4422
classification of the offender, as described in division (F) of 4423
section 2971.03 of the Revised Code, as a sexual predator for 4424
purposes of Chapter 2950. of the Revised Code, ~~and~~ does not 4425
terminate the adult parole authority's supervision of ~~a sexually~~ 4426
~~violent predator~~the offender, and, if the court had required the 4427
supervision of the offender to be pursuant to division (E) of this 4428
section, does not terminate the supervision of the offender with 4429
an active global positioning system device, pursuant to that 4430
division ~~(E) of this section~~. The classification of the offender 4431
as a sexual predator is permanent and continues until the 4432
offender's death as described in division (D)(2) of section 4433
2950.09 of the Revised Code. 4434

       (E) ~~The adult parole authority shall supervise~~If a prison 4435
term imposed upon an offender ~~whose prison term~~pursuant to 4436
division (A)(3) of section 2971.03 of the Revised Code is modified 4437
as provided in division (C) of this section or ~~whose prison term~~ 4438
is terminated as provided in division (D) of this section, the 4439
adult parole authority shall supervise the offender with an active 4440
global positioning system device during any time period in which 4441
the offender is not incarcerated in a state correctional 4442
institution. ~~Unless~~If a prison term imposed upon an offender 4443
pursuant to division (B) of section 2971.03 of the Revised Code is 4444
modified as provided in division (C) of this section or terminated 4445
as provided in division (D) of this section, and if the court 4446
requires that the adult parole authority's supervision of the 4447
offender be pursuant to this division, the authority shall 4448
supervise the offender with an active global positioning system 4449
device during any time period in which the offender is not 4450
incarcerated in a state correctional institution. If the adult 4451
parole authority is required to supervise the offender with an 4452
active global positioning system device as described in this 4453
division, unless the court removes the offender's classification 4454
as a sexually violent predator~~, an~~regarding an offender whose 4455
prison term was imposed under division (A)(3) of section 2971.03 4456
of the Revised Code or terminates the requirement that supervision 4457
of the offender be pursuant to this division regarding an offender 4458
whose prison term was imposed under division (B) of section 4459
2971.03 of the Revised Code, the offender is subject to 4460
supervision with an active global positioning system pursuant to 4461
this division for the offender's entire life. The costs of 4462
administering the supervision of ~~sexually violent~~ offenders with 4463
an active global positioning system device pursuant to this 4464
division shall be paid out of funds from the reparations fund, 4465
created pursuant to section 2743.191 of the Revised Code. This 4466
division shall only apply to a sexually violent predator sentenced 4467
pursuant to division (A)(3) of section 2971.03 of the Revised Code 4468
who is released from the custody of the department of 4469
rehabilitation and correction on or after ~~the effective date of~~ 4470
~~this amendment~~September 29, 2005 or an offender sentenced 4471
pursuant to division (B) of section 2971.03 of the Revised Code on 4472
or after the effective date of this amendment. 4473

       Sec. 2971.06. If an offender is serving a prison term 4474
imposed under division (A)(3) or (B) of section 2971.03 of the 4475
Revised Code, if, pursuant to section 2971.05 of the Revised Code, 4476
the court modifies the requirement that the offender serve the 4477
entire prison term in a state correctional institution or places 4478
the offender on conditional release, and if, at any time after the 4479
offender has been released from serving the term in an 4480
institution, the department of rehabilitation and correction or 4481
the prosecuting attorney learns or obtains information indicating 4482
that the offender has violated a term or condition of the 4483
modification or conditional release or believes there is a 4484
substantial likelihood that the offender has committed or is about 4485
to commit a sexually violent offense, all of the following apply: 4486

       (A) The department or the prosecuting attorney may contact a 4487
peace officer, parole officer, or probation officer and request 4488
the officer to take the offender into custody. If the department 4489
contacts a peace officer, parole officer, or probation officer and 4490
requests that the offender be taken into custody, the department 4491
shall notify the prosecuting attorney that it made the request and 4492
shall provide the reasons for which it made the request. Upon 4493
receipt of a request that an offender be taken into custody, a 4494
peace officer, parole officer, or probation officer shall take the 4495
offender in question into custody and promptly shall notify the 4496
department and the prosecuting attorney, in writing, that the 4497
offender was taken into custody. After the offender has been taken 4498
into custody, the department or the prosecuting attorney shall 4499
notify the court of the violation or the belief that there is a 4500
substantial likelihood that the offender has committed or is about 4501
to commit a sexually violent offense, and the prosecuting attorney 4502
may request that the court, pursuant to section 2971.05 of the 4503
Revised Code, revise the modification. An offender may be held in 4504
custody under this provision for no longer than thirty days, 4505
pending a determination pursuant to section 2971.05 of the Revised 4506
Code of whether the modification of the requirement that the 4507
offender serve the entire prison term in a state correctional 4508
institution should be revised. If the court fails to make a 4509
determination under that section regarding the prosecuting 4510
attorney's request within thirty days after the offender was taken 4511
into custody, the offender shall be released from custody and 4512
shall be subject to the same terms and conditions as existed under 4513
the then-existing modification of the requirement that the 4514
offender serve the entire prison term in a state correctional 4515
institution, provided that if the act that resulted in the 4516
offender being taken into custody under this division is a 4517
criminal offense and if the offender is arrested for that act, the 4518
offender may be retained in custody in accordance with the 4519
applicable law. 4520

       (B) If the offender is not taken into custody pursuant to 4521
division (A) of this section, the department or the prosecuting 4522
attorney shall notify the court of the known or suspected 4523
violation or of the belief that there is a substantial likelihood 4524
that the offender has committed or is about to commit a sexually 4525
violent offense. If the department provides the notification to 4526
the court, it also shall notify the prosecuting attorney that it 4527
provided the notification and shall provide the reasons for which 4528
it provided the notification. The prosecuting attorney may request 4529
that the court, pursuant to section 2971.05 of the Revised Code, 4530
revise the modification. 4531

       Sec. 2971.07. (A) This chapter does not apply to any 4532
offender unless the offender is convicted of or pleads guilty to a 4533
violent sex offense and also is convicted of or pleads guilty to a 4534
sexually violent predator specification that was included in the 4535
indictment, count in the indictment, or information charging that 4536
offense or, unless the offender is convicted of or pleads guilty 4537
to a designated homicide, assault, or kidnapping offense and also 4538
is convicted of or pleads guilty to both a sexual motivation 4539
specification and a sexually violent predator specification that 4540
were included in the indictment, count in the indictment, or 4541
information charging that offense, or unless the offender is 4542
convicted of or pleads guilty to a violation of division (A)(1)(b) 4543
or (A)(2) of section 2907.02 or division (A)(4) of section 2907.05 4544
of the Revised Code that the offender committed on or after the 4545
effective date of this amendment and the court does not sentence 4546
the offender to a term of life without parole pursuant to division 4547
(B) of section 2907.02 of the Revised Code. 4548

       (B) This chapter does not limit or affect a court that 4549
sentences an offender who is convicted of or pleads guilty to a 4550
violent sex offense and also is convicted of or pleads guilty to a 4551
sexually violent predator specification or, a court that sentences 4552
an offender who is convicted of or pleads guilty to a designated 4553
homicide, assault, or kidnapping offense and also is convicted of 4554
or pleads guilty to both a sexual motivation specification and a 4555
sexually violent predator specification, or a court that sentences 4556
an offender who is convicted of or pleads guilty to a violation of 4557
division (A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) 4558
of section 2907.05 of the Revised Code committed on or after the 4559
effective date of this amendment in imposing upon the offender any 4560
financial sanction under section 2929.18 or any other section of 4561
the Revised Code, or, except as specifically provided in this 4562
chapter, any other sanction that is authorized or required for the 4563
offense or violation by any other provision of law. 4564

       (C) If an offender is sentenced to a prison term under 4565
division (A)(3) or (B) of section 2971.03 of the Revised Code and 4566
if, pursuant to section 2971.05 of the Revised Code, the court 4567
modifies the requirement that the offender serve the entire prison 4568
term in a state correctional institution or places the offender on 4569
conditional release that involves the placement of the offender 4570
under the supervision of the adult parole authority, authorized 4571
field officers of the authority who are engaged within the scope 4572
of their supervisory duties or responsibilities may search, with 4573
or without a warrant, the person of the offender, the place of 4574
residence of the offender, and a motor vehicle, another item of 4575
tangible or intangible personal property, or any other real 4576
property in which the offender has the express or implied 4577
permission of a person with a right, title, or interest to use, 4578
occupy, or possess if the field officer has reasonable grounds to 4579
believe that the offender is not abiding by the law or otherwise 4580
is not complying with the terms and conditions of the offender's 4581
modification or release. The authority shall provide each offender 4582
with a written notice that informs the offender that authorized 4583
field officers of the authority who are engaged within the scope 4584
of their supervisory duties or responsibilities may conduct those 4585
types of searches during the period of the modification or release 4586
if they have reasonable grounds to believe that the offender is 4587
not abiding by the law or otherwise is not complying with the 4588
terms and conditions of the offender's modification or release. 4589

       Sec. 5120.49. The department of rehabilitation and 4590
correction, by rule adopted under Chapter 119. of the Revised 4591
Code, shall prescribe standards and guidelines to be used by the 4592
parole board in determining, pursuant to section 2971.04 of the 4593
Revised Code, whether it should terminate its control over an 4594
offender's service of a prison term imposed upon the offender 4595
under division (A)(3) of section 2971.03 of the Revised Code for 4596
conviction of or a plea of guilty to a violent sex offense and a 4597
sexually violent predator specification or for conviction of or a 4598
plea of guilty to a designated homicide, assault, or kidnapping 4599
offense and both a sexual motivation specification and a sexually 4600
violent predator specification or imposed upon the offender under 4601
division (B) of section 2971.03 of the Revised Code for conviction 4602
of or a plea of guilty to a violation of division (A)(1)(b) or 4603
(A)(2) of section 2907.02 or division (A)(4) of section 2907.05 of 4604
the Revised Code committed on or after the effective date of this 4605
amendment. The rules shall include provisions that specify that 4606
the parole board may not terminate its control over an offender's 4607
service of a prison term imposed upon the offender under ~~that~~ 4608
~~division~~either of the specified divisions until after the 4609
offender has served the minimum term imposed as part of that 4610
prison term and until the parole board has determined that the 4611
offender does not represent a substantial risk of physical harm to 4612
others. 4613

       Sec. 5120.61. (A)(1) Not later than ninety days after ~~the~~ 4614
~~effective date of this section~~January 1, 1997, the department of 4615
rehabilitation and correction shall adopt standards that it will 4616
use under this section to assess a criminal offender who is 4617
convicted of or pleads guilty to a violent sex offense or 4618
designated homicide, assault, or kidnapping offense and is 4619
adjudicated a sexually violent predator in relation to that 4620
offense or who is convicted of or pleads guilty to a violation of 4621
division (A)(1)(b) or (A)(2) of section 2907.02 or division (A)(4) 4622
of section 2907.05 of the Revised Code committed on or after the 4623
effective date of this amendment. The department may periodically 4624
revise the standards. 4625

       (2) When the department is requested by the parole board or 4626
the court to provide a risk assessment report of the offender 4627
under section 2971.04 or 2971.05 of the Revised Code, it shall 4628
assess the offender and complete the assessment as soon as 4629
possible after the offender has commenced serving the prison term 4630
or term of life imprisonment without parole imposed under division 4631
(A) or (B) of section 2971.03 of the Revised Code. Thereafter, the 4632
department shall update a risk assessment report pertaining to an 4633
offender as follows: 4634

       (a) Periodically, in the discretion of the department, 4635
provided that each report shall be updated no later than two years 4636
after its initial preparation or most recent update; 4637

       (b) Upon the request of the parole board for use in 4638
determining pursuant to section 2971.04 of the Revised Code 4639
whether it should terminate its control over an offender's service 4640
of a prison term imposed upon the offender under division (A)(3) 4641
or (B) of section 2971.03 of the Revised Code; 4642

       (c) Upon the request of the court. 4643

       (3) After the department of rehabilitation and correction 4644
assesses an offender pursuant to division (A)(2) of this section, 4645
it shall prepare a report that contains its risk assessment for 4646
the offender or, if a risk assessment report previously has been 4647
prepared, it shall update the risk assessment report. 4648

       (4) The department of rehabilitation and correction shall 4649
provide each risk assessment report that it prepares or updates 4650
pursuant to this section regarding an offender to all of the 4651
following: 4652

       (a) The parole board for its use in determining pursuant to 4653
section 2971.04 of the Revised Code whether it should terminate 4654
its control over an offender's service of a prison term imposed 4655
upon the offender under division (A)(3) or (B) of section 2971.03 4656
of the Revised Code, if the parole board has not terminated its 4657
control over the offender; 4658

       (b) The court for use in determining, pursuant to section 4659
2971.05 of the Revised Code, whether to modify the requirement 4660
that the offender serve the entire prison term imposed upon the 4661
offender under division (A)(3) or (B) of section 2971.03 of the 4662
Revised Code in a state correctional institution, whether to 4663
revise any modification previously made, or whether to terminate 4664
the prison term; 4665

       (c) The prosecuting attorney who prosecuted the case, or the 4666
successor in office to that prosecuting attorney; 4667

       (d) The offender. 4668

       (B) When the department of rehabilitation and correction 4669
provides a risk assessment report regarding an offender to the 4670
parole board or court pursuant to division (A)(4)(a) or (b) of 4671
this section, the department, prior to the parole board's or 4672
court's hearing, also shall provide to the offender or to the 4673
offender's attorney of record a copy of the report and a copy of 4674
any other relevant documents the department possesses regarding 4675
the offender that the department does not consider to be 4676
confidential. 4677

       (C) As used in this section: 4678

        (1) "Adjudicated a sexually violent predator" has the same 4679
meaning as in section 2929.01 of the Revised Code, and a person is 4680
"adjudicated a sexually violent predator" in the same manner and 4681
the same circumstances as are described in that section. 4682

        (2) "Designated homicide, assault, or kidnapping offense" and 4683
"violent sex offense" have the same meanings as in section 2971.01 4684
of the Revised Code. 4685

       Sec. 5120.66. (A) Within ninety days after ~~the effective~~ 4686
~~date of this section~~November 23, 2005, but not before January 1, 4687
2006, the department of rehabilitation and correction shall 4688
establish and operate on the internet a database that contains all 4689
of the following: 4690

       (1) For each inmate in the custody of the department under a 4691
sentence imposed for a conviction of or plea of guilty to any 4692
offense, all of the following information: 4693

       (a) The inmate's name; 4694

       (b) For each offense for which the inmate was sentenced to a 4695
prison term or term of imprisonment and is in the department's 4696
custody, the name of the offense, the Revised Code section of 4697
which the offense is a violation, the gender of each victim of the 4698
offense if those facts are known, whether each victim of the 4699
offense was an adult or child if those facts are known, the range 4700
of the possible prison terms or term of imprisonment that could 4701
have been imposed for the offense, the actual prison term or term 4702
of imprisonment imposed for the offense, the county in which the 4703
offense was committed, the date on which the inmate began serving 4704
the prison term or term of imprisonment imposed for the offense, 4705
and either the date on which the inmate will be eligible for 4706
parole relative to the offense if the prison term or term of 4707
imprisonment is an indefinite term or life term or the date on 4708
which the term ends if the prison term is a definite term; 4709

       (c) All of the following information that is applicable 4710
regarding the inmate: 4711

       (i) If known to the department prior to the conduct of any 4712
hearing for judicial release of the defendant pursuant to section 4713
2929.20 of the Revised Code in relation to any prison term or term 4714
of imprisonment the inmate is serving for any offense, notice of 4715
the fact that the inmate will be having a hearing regarding a 4716
possible grant of judicial release, the date of the hearing, and 4717
the right of any person pursuant to division (J) of that section 4718
to submit to the court a written statement regarding the possible 4719
judicial release; 4720

       (ii) If the inmate is serving a prison term pursuant to 4721
division (A)(3) of section 2971.03 of the Revised Code as a 4722
sexually violent predator who committed a sexually violent offense 4723
or a prison term pursuant to division (B) of section 2971.03 of 4724
the Revised Code imposed for a violation of division (A)(1)(b) or 4725
(A)(2) of section 2907.02 or division (A)(4) of section 2907.05 of 4726
the Revised Code committed on or after the effective date of this 4727
amendment, prior to the conduct of any hearing pursuant to section 4728
2971.05 of the Revised Code to determine whether to modify the 4729
requirement that the inmate serve the entire prison term in a 4730
state correctional facility in accordance with division (C) of 4731
that section, whether to continue, revise, or revoke any existing 4732
modification of that requirement, or whether to terminate the 4733
prison term in accordance with division (D) of that section, 4734
notice of the fact that the inmate will be having a hearing 4735
regarding those determinations and of the date of the hearing; 4736

       (iii) At least three weeks before the adult parole authority 4737
recommends a pardon or commutation of sentence for the inmate or 4738
at least three weeks prior to a hearing before the adult parole 4739
authority regarding a grant of parole to the inmate in relation to 4740
any prison term or term of imprisonment the inmate is serving for 4741
any offense, notice of the fact that the inmate might be under 4742
consideration for a pardon or commutation of sentence or will be 4743
having a hearing regarding a possible grant of parole, of the date 4744
of any hearing regarding a possible grant of parole, and of the 4745
right of any person to submit a written statement regarding the 4746
pending action; 4747

       (iv) At least three weeks before the inmate has a hearing 4748
regarding a transfer to transitional control under section 2967.26 4749
of the Revised Code in relation to any prison term or term of 4750
imprisonment the inmate is serving for any offense, notice of the 4751
pendency of the transfer, of the date of the possible transfer, 4752
and of the right of any person to submit a statement regarding the 4753
possible transfer; 4754

       (v) Prompt notice of the inmate's escape from any facility in 4755
which the inmate was incarcerated and of the capture of the inmate 4756
after an escape; 4757

       (vi) Notice of the inmate's death while in confinement; 4758

       (vii) Prior to the release of the inmate from confinement, 4759
notice of the fact that the inmate will be released, of the date 4760
of the release, and, if applicable, of the standard terms and 4761
conditions of the release; 4762

       (viii) Notice of the inmate's judicial release. 4763

       (2) Information as to where a person can send written 4764
statements of the types referred to in divisions (A)(1)(c)(i), 4765
(iii), and (iv) of this section. 4766

       (B)(1) The department shall update the database required 4767
under division (A) of this section every twenty-four hours to 4768
ensure that the information it contains is accurate and current. 4769

       (2) The database required under division (A) of this section 4770
is a public record open for inspection under section 149.43 of the 4771
Revised Code. The department shall make the database searchable by 4772
inmate name and by the county and zip code where the offender 4773
intends to reside after release from a state correctional 4774
institution if this information is known to the department. 4775

       (3) The database required under division (A) of this section 4776
may contain information regarding inmates who are listed in the 4777
database in addition to the information described in that 4778
division. 4779

       (4) No information included on the database required under 4780
division (A) of this section shall identify or enable the 4781
identification of any victim of any offense committed by an 4782
inmate. 4783

       (C) The failure of the department to comply with the 4784
requirements of division (A) or (B) of this section does not give 4785
any rights or any grounds for appeal or post-conviction relief to 4786
any inmate. 4787

       (D) This section, and the related provisions of sections 4788
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted 4789
in the act in which this section was enacted, shall be known as 4790
"Laura's Law." 4791

       Sec. 5149.10. (A) The parole board shall consist of up to 4792
twelve members, one of whom shall be designated as chairperson by 4793
the director of the department of rehabilitation and correction 4794
and who shall continue as chairperson until a successor is 4795
designated, and any other personnel that are necessary for the 4796
orderly performance of the duties of the board. In addition to the 4797
rules authorized by section 5149.02 of the Revised Code, the chief 4798
of the adult parole authority, subject to the approval of the 4799
chief of the division of parole and community services and subject 4800
to this section, shall adopt rules governing the proceedings of 4801
the parole board. The rules shall provide for the convening of 4802
full board hearings, the procedures to be followed in full board 4803
hearings, and general procedures to be followed in other hearings 4804
of the board and by the board's hearing officers. The rules also 4805
shall require agreement by a majority of all the board members to 4806
any recommendation of clemency transmitted to the governor. 4807

       When the board members sit as a full board, the chairperson 4808
shall preside. The chairperson shall also allocate the work of the 4809
parole board among the board members. The full board shall meet at 4810
least once each month. In the case of a tie vote on the full 4811
board, the chief of the adult parole authority shall cast the 4812
deciding vote. The chairperson may designate a person to serve in 4813
the chairperson's place. 4814

       Except as otherwise provided in division (B) of this section, 4815
no person shall be appointed a member of the board who is not 4816
qualified by education or experience in correctional work, 4817
including law enforcement, prosecution of offenses, advocating for 4818
the rights of victims of crime, probation, or parole, in law, in 4819
social work, or in a combination of the three categories. 4820

       (B) The director of rehabilitation and correction, in 4821
consultation with the governor, shall appoint one member of the 4822
board, who shall be a person who has been a victim of crime or who 4823
is a member of a victim's family or who represents an organization 4824
that advocates for the rights of victims of crime. After 4825
appointment, this member shall be an unclassified employee of the 4826
department of rehabilitation and correction. 4827

       The initial appointment shall be for a term ending four years 4828
after the effective date of this amendment. Thereafter, the term 4829
of office of the member appointed under this division shall be for 4830
four years, with each term ending on the same day of the same 4831
month as did the term that it succeeds. The member shall hold 4832
office from the date of appointment until the end of the term for 4833
which the member was appointed and may be reappointed. Vacancies 4834
shall be filled in the manner provided for original appointments. 4835
Any member appointed under this division to fill a vacancy 4836
occurring prior to the expiration date of the term for which the 4837
member's predecessor was appointed shall hold office as a member 4838
for the remainder of that term. The member appointed under this 4839
division shall continue in office subsequent to the expiration 4840
date of the member's term until the member's successor takes 4841
office or until a period of sixty days has elapsed, whichever 4842
occurs first. 4843

       The member appointed under this division shall be compensated 4844
in the same manner as other board members and shall be reimbursed 4845
for actual and necessary expenses incurred in the performance of 4846
the members' duties. The member may vote on all cases heard by the 4847
full board under section 5149.101 of the Revised Code, has such 4848
duties as are assigned by the chairperson of the board, and shall 4849
coordinate the member's activities with the office of victims' 4850
services created under section 5120.60 of the Revised Code. 4851

       As used in this division, "crime," "member of the victim's 4852
family," and "victim" have the meanings given in section 2930.01 4853
of the Revised Code. 4854

       (C) The chairperson shall submit all recommendations for or 4855
against clemency directly to the governor. 4856

       (D) The chairperson shall transmit to the chief of the adult 4857
parole authority all determinations for or against parole made by 4858
the board. Parole determinations are final and are not subject to 4859
review or change by the chief. 4860

       (E) In addition to its duties pertaining to parole and 4861
clemency, if an offender is sentenced to a prison term pursuant to 4862
division (A)(3) or (B) of section 2971.03 of the Revised Code, the 4863
parole board shall have control over the offender's service of the 4864
prison term during the entire term unless the board terminates its 4865
control in accordance with section 2971.04 of the Revised Code. 4866
The parole board may terminate its control over the offender's 4867
service of the prison term only in accordance with section 2971.04 4868
of the Revised Code. 4869

       Section 2. That existing sections 109.42, 2743.191, 2907.02, 4870
2907.05, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 4871
2941.148, 2950.01, 2950.09, 2950.11, 2967.12, 2967.121, 2971.03, 4872
2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, and 4873
5149.10 of the Revised Code are hereby repealed. 4874

       Section 3. Section 2930.16 of the Revised Code is presented 4875
in this act as a composite of the section as amended by both Am. 4876
Sub. H.B. 375 and Am. Sub. H.B. 473 of the 125th General Assembly. 4877
The General Assembly, applying the principle stated in division 4878
(B) of section 1.52 of the Revised Code that amendments are to be 4879
harmonized if reasonably capable of simultaneous operation, finds 4880
that the composite is the resulting version of the section in 4881
effect prior to the effective date of the section as presented in 4882
this act. 4883

Section 1. That sections 109.42, 2743.191, 2907.02, 2907.05,	23
2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148,	24
2950.01, 2950.09, 2950.11, 2967.12, 2967.121, 2971.03, 2971.04,	25
2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, and 5149.10	26
of the Revised Code be amended to read as follows:	27

Sec. 109.42. (A) The attorney general shall prepare and have	28
printed a pamphlet that contains a compilation of all statutes	29
relative to victim's rights in which the attorney general lists	30
and explains the statutes in the form of a victim's bill of	31
rights. The attorney general shall distribute the pamphlet to all	32
sheriffs, marshals, municipal corporation and township police	33
departments, constables, and other law enforcement agencies, to	34
all prosecuting attorneys, city directors of law, village	35
solicitors, and other similar chief legal officers of municipal	36
corporations, and to organizations that represent or provide	37
services for victims of crime. The victim's bill of rights set	38
forth in the pamphlet shall contain a description of all of the	39
rights of victims that are provided for in Chapter 2930. or in any	40
other section of the Revised Code and shall include, but not be	41
limited to, all of the following:	42

(1) The right of a victim or a victim's representative to	43
attend a proceeding before a grand jury, in a juvenile case, or in	44
a criminal case pursuant to a subpoena without being discharged	45
from the victim's or representative's employment, having the	46
victim's or representative's employment terminated, having the	47
victim's or representative's pay decreased or withheld, or	48
otherwise being punished, penalized, or threatened as a result of	49
time lost from regular employment because of the victim's or	50
representative's attendance at the proceeding pursuant to the	51
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	52
2945.451 of the Revised Code;	53

(2) The potential availability pursuant to section 2151.359	54
or 2152.61 of the Revised Code of a forfeited recognizance to pay	55
damages caused by a child when the delinquency of the child or	56
child's violation of probation or community control is found to be	57
proximately caused by the failure of the child's parent or	58
guardian to subject the child to reasonable parental authority or	59
to faithfully discharge the conditions of probation or community	60
control;	61

(3) The availability of awards of reparations pursuant to	62
sections 2743.51 to 2743.72 of the Revised Code for injuries	63
caused by criminal offenses;	64

(4) The right of the victim in certain criminal or juvenile	65
cases or a victim's representative to receive, pursuant to section	66
2930.06 of the Revised Code, notice of the date, time, and place	67
of the trial or delinquency proceeding in the case or, if there	68
will not be a trial or delinquency proceeding, information from	69
the prosecutor, as defined in section 2930.01 of the Revised Code,	70
regarding the disposition of the case;	71

(5) The right of the victim in certain criminal or juvenile	72
cases or a victim's representative to receive, pursuant to section	73
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	74
name of the person charged with the violation, the case or docket	75
number assigned to the charge, and a telephone number or numbers	76
that can be called to obtain information about the disposition of	77
the case;	78

(6) The right of the victim in certain criminal or juvenile	79
cases or of the victim's representative pursuant to section	80
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	81
terms set by the court as authorized under section 2930.14 of the	82
Revised Code, to make a statement about the victimization and, if	83
applicable, a statement relative to the sentencing or disposition	84
of the offender;	85

(7) The opportunity to obtain a court order, pursuant to	86
section 2945.04 of the Revised Code, to prevent or stop the	87
commission of the offense of intimidation of a crime victim or	88
witness or an offense against the person or property of the	89
complainant, or of the complainant's ward or child;	90

(8) The right of the victim in certain criminal or juvenile	91
cases or a victim's representative pursuant to sections 2151.38,	92
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	93
receive notice of a pending motion for judicial release or early	94
release of the person who committed the offense against the	95
victim, to make an oral or written statement at the court hearing	96
on the motion, and to be notified of the court's decision on the	97
motion;	98

(9) The right of the victim in certain criminal or juvenile	99
cases or a victim's representative pursuant to section 2930.16,	100
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	101
of any pending commutation, pardon, parole, transitional control,	102
discharge, other form of authorized release, post-release control,	103
or supervised release for the person who committed the offense	104
against the victim or any application for release of that person	105
and to send a written statement relative to the victimization and	106
the pending action to the adult parole authority or the release	107
authority of the department of youth services;	108

(10) The right of the victim to bring a civil action pursuant	109
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	110
from the offender's profit fund;	111

(11) The right, pursuant to section 3109.09 of the Revised	112
Code, to maintain a civil action to recover compensatory damages	113
not exceeding ten thousand dollars and costs from the parent of a	114
minor who willfully damages property through the commission of an	115
act that would be a theft offense, as defined in section 2913.01	116
of the Revised Code, if committed by an adult;	117

(12) The right, pursuant to section 3109.10 of the Revised	118
Code, to maintain a civil action to recover compensatory damages	119
not exceeding ten thousand dollars and costs from the parent of a	120
minor who willfully and maliciously assaults a person;	121

(13) The possibility of receiving restitution from an	122
offender or a delinquent child pursuant to section 2152.20,	123
2929.18, or 2929.28 of the Revised Code;	124

(14) The right of the victim in certain criminal or juvenile	125
cases or a victim's representative, pursuant to section 2930.16 of	126
the Revised Code, to receive notice of the escape from confinement	127
or custody of the person who committed the offense, to receive	128
that notice from the custodial agency of the person at the	129
victim's last address or telephone number provided to the	130
custodial agency, and to receive notice that, if either the	131
victim's address or telephone number changes, it is in the	132
victim's interest to provide the new address or telephone number	133
to the custodial agency;	134

(15) The right of a victim of domestic violence to seek the	135
issuance of a civil protection order pursuant to section 3113.31	136
of the Revised Code, the right of a victim of a violation of	137
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	138
of the Revised Code, a violation of a substantially similar	139
municipal ordinance, or an offense of violence who is a family or	140
household member of the offender at the time of the offense to	141
seek the issuance of a temporary protection order pursuant to	142
section 2919.26 of the Revised Code, and the right of both types	143
of victims to be accompanied by a victim advocate during court	144
proceedings;	145

(16) The right of a victim of a sexually oriented offense	146
that is not a registration-exempt sexually oriented offense or of	147
a child-victim oriented offense that is committed by a person who	148
is convicted of or pleads guilty to an aggravated sexually	149
oriented offense, by a person who is adjudicated a sexual predator	150
or child-victim predator, or, in certain cases, by a person who is	151
determined to be a habitual sex offender or habitual child-victim	152
offender to receive, pursuant to section 2950.10 of the Revised	153
Code, notice that the person has registered with a sheriff under	154
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	155
notice of the person's name, the person's residence that is	156
registered, and the offender's school, institution of higher	157
education, or place of employment address or addresses that are	158
registered, the person's photograph, and a summary of the manner	159
in which the victim must make a request to receive the notice. As	160
used in this division, "sexually oriented offense," "adjudicated a	161
sexual predator," "habitual sex offender," "registration-exempt	162
sexually oriented offense," "aggravated sexually oriented	163
offense," "child-victim oriented offense," "adjudicated a	164
child-victim predator," and "habitual child-victim offender" have	165
the same meanings as in section 2950.01 of the Revised Code.	166

(17) The right of a victim of certain sexually violent	167
offenses committed by an offender who also is convicted of or	168
pleads guilty to a sexually violent predator specification and who	169
is sentenced to a prison term pursuant to division (A)(3) of	170
section 2971.03 of the Revised Code, and of a victim of a	171
violation of division (A)(1)(b) or (A)(2) of section 2907.02 or	172
division (A)(4) of section 2907.05 of the Revised Code committed	173
on or after the effective date of this amendment by an offender	174
who is sentenced for the violation pursuant to division (B) of	175
section 2971.03 of the Revised Code, to receive, pursuant to	176
section 2930.16 of the Revised Code, notice of a hearing to	177
determine whether to modify the requirement that the offender	178
serve the entire prison term in a state correctional facility,	179
whether to continue, revise, or revoke any existing modification	180
of that requirement, or whether to terminate the prison term. As	181
used in this division, "sexually violent offense" and "sexually	182
violent predator specification" have the same meanings as in	183
section 2971.01 of the Revised Code.	184

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	185
prosecuting attorney, assistant prosecuting attorney, city	186
director of law, assistant city director of law, village	187
solicitor, assistant village solicitor, or similar chief legal	188
officer of a municipal corporation or an assistant of any of those	189
officers who prosecutes an offense committed in this state, upon	190
first contact with the victim of the offense, the victim's family,	191
or the victim's dependents, shall give the victim, the victim's	192
family, or the victim's dependents a copy of the pamphlet prepared	193
pursuant to division (A) of this section and explain, upon	194
request, the information in the pamphlet to the victim, the	195
victim's family, or the victim's dependents.	196

(b) Subject to division (B)(1)(c) of this section, a law	197
enforcement agency that investigates an offense or delinquent act	198
committed in this state shall give the victim of the offense or	199
delinquent act, the victim's family, or the victim's dependents a	200
copy of the pamphlet prepared pursuant to division (A) of this	201
section at one of the following times:	202

(i) Upon first contact with the victim, the victim's family,	203
or the victim's dependents;	204

(ii) If the offense or delinquent act is an offense of	205
violence, if the circumstances of the offense or delinquent act	206
and the condition of the victim, the victim's family, or the	207
victim's dependents indicate that the victim, the victim's family,	208
or the victim's dependents will not be able to understand the	209
significance of the pamphlet upon first contact with the agency,	210
and if the agency anticipates that it will have an additional	211
contact with the victim, the victim's family, or the victim's	212
dependents, upon the agency's second contact with the victim, the	213
victim's family, or the victim's dependents.	214

If the agency does not give the victim, the victim's family,	215
or the victim's dependents a copy of the pamphlet upon first	216
contact with them and does not have a second contact with the	217
victim, the victim's family, or the victim's dependents, the	218
agency shall mail a copy of the pamphlet to the victim, the	219
victim's family, or the victim's dependents at their last known	220
address.	221

(c) In complying on and after December 9, 1994, with the	222
duties imposed by division (B)(1)(a) or (b) of this section, an	223
official or a law enforcement agency shall use copies of the	224
pamphlet that are in the official's or agency's possession on	225
December 9, 1994, until the official or agency has distributed all	226
of those copies. After the official or agency has distributed all	227
of those copies, the official or agency shall use only copies of	228
the pamphlet that contain at least the information described in	229
divisions (A)(1) to (17) of this section.	230

(2) The failure of a law enforcement agency or of a	231
prosecuting attorney, assistant prosecuting attorney, city	232
director of law, assistant city director of law, village	233
solicitor, assistant village solicitor, or similar chief legal	234
officer of a municipal corporation or an assistant to any of those	235
officers to give, as required by division (B)(1) of this section,	236
the victim of an offense or delinquent act, the victim's family,	237
or the victim's dependents a copy of the pamphlet prepared	238
pursuant to division (A) of this section does not give the victim,	239
the victim's family, the victim's dependents, or a victim's	240
representative any rights under section 2743.51 to 2743.72,	241
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	242
Revised Code or under any other provision of the Revised Code and	243
does not affect any right under those sections.	244

(3) A law enforcement agency, a prosecuting attorney or	245
assistant prosecuting attorney, or a city director of law,	246
assistant city director of law, village solicitor, assistant	247
village solicitor, or similar chief legal officer of a municipal	248
corporation that distributes a copy of the pamphlet prepared	249
pursuant to division (A) of this section shall not be required to	250
distribute a copy of an information card or other printed material	251
provided by the clerk of the court of claims pursuant to section	252
2743.71 of the Revised Code.	253

(C) The cost of printing and distributing the pamphlet	254
prepared pursuant to division (A) of this section shall be paid	255
out of the reparations fund, created pursuant to section 2743.191	256
of the Revised Code, in accordance with division (D) of that	257
section.	258

(1) "Victim's representative" has the same meaning as in	260
section 2930.01 of the Revised Code;	261

(2) "Victim advocate" has the same meaning as in section	262
2919.26 of the Revised Code.	263